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08-05-03, 01:52 PM
I would've put this in the current thread on this subject, but I couldn't link there....
Probably some sort of Kit Bond conspiracy. Anyways, here is more info than you will ever need or read.
Current and Future Trails are in Danger
Senator Christopher "Kit" Bond from Missouri has interjected a "poison pill" into the new Transportation Bill which will for all practical purposes kill railbanking and trails on railbanked corridors. Tempers have flared within the subcommittee and this bill may be on a fast track.
Rails-to-Trails Conservancy is working to resist the devastating impact Section 1617 of the Administration's SAFETEA bill would have on railbanking and rail-trails. Here is information designed to help us all in articulating our arguments for opposing 1617. To our knowledge, Senator Bond is still on an accelerated schedule that calls for committee markup at the beginning of the week of July 7th and Senate consideration beginning on the 14th.
The attached documents include 1) a background piece on railbanking and rail-trails; 2) four pithy messages for rebuttal; 3) the full text and the Administration's analysis of 1617; and 4) a list of "Once and Future Rail-Trails," i.e. rail-trails we have that we wouldn't if 1617 had been law when they were railbanked, and those under negotiation we will likely lose if it passes.
We need you to help fight this effort within the Senate subcommittee on Transportation and Infrastructure of the Environment and Public Works Committee. You may not have any Senators from your state on this committee - but those that are on the committee should hear from us or someone you know who knows them.
Committee members include Bond (chair), Warner (VA), Voinovich (OH), Chafee (RI), Cornyn (TX), Murkowski (AK), Reid (NV), Baucus (MT), Graham (FL), Lieberman (CN) and Boxer (CA).
Background Information
Railbanking, Rail-Trails and Section 1716 of SAFETEA
Provided by the Rails-to-Trails Conservancy, July 1, 2003
There are nearly 12,500 miles of open rail-trail in the United States. Another 16,760 miles are in development, with communities in every state awaiting their construction. The enormous popularity of trails is fueled by their ability to generate civic pride and economic prosperity by catalyzing small business growth, promoting tourism and increasing property values. Rail-trails enhance livability by improving air and water quality, and preserving natural, cultural and historical resources. They also create healthy people and communities by making it easy and fun to get outside for exercise, transportation and recreation.
The driving policy force behind this huge movement is two pieces of federal legislation: 1) the 1983 railbanking provisions of the National Trails Systems Act allowing unused railroad corridors to be preserved for possible rail reactivation if managed on an interim basis as trails and 2) the Transportation Enhancements (TE) program included in federal transportation legislation since 1991 which has provided more than $530 million for rail-trail acquisition and development. Specifically, 4,334 miles of rail corridor have been railbanked; 1,611 miles of railbanked corridor are open to the public (85 trails); and over $115 million in Transportation Enhancements dollars have been devoted to railbanked rail-trails.
On Sept. 30, 2003, current federal surface transportation legislation, TEA-21 expires. It is currently undergoing congressional renewal or “reauthorization.”
The Bush Administration’s proposed transportation bill, introduced in both the House and the Senate as part of the Safe and Flexible Transportation Equity Act, “SAFETEA,” includes a provision, Section 1617, captioned indemnification on Certain Railbanked Projects. This provision was included in the transportation bill at the request of the U. S. Department of Justice. Its purpose is to stop states from using TE or any other federal dollars for railbanked trails. It does so by requiring them to reimburse the federal government for any such investment, plus attorneys’ fees, if such a corridor is the subject of a winning takings claim. Its affect would be to stop railbanking in its tracks.
Rails-to-Trails Conservancy strongly opposes Section 1617 of SAFETEA. This provision would render railbanking useless as a tool for corridor preservation and interim trail use.
Messages for Use in Opposing Section 1617 of SAFETEA
Prepared by Rails-to-Trails Conservancy, July 1, 2003
Federal law establishes clear policy favoring the preservation of inactive rail corridors by providing for their use on an interim basis as trails [16 U.S.C. Sec.1247(d), the “Railbanking Law]. ISTEA, TEA-21, and now SAFETEA support(ed) this policy by specifically identifying the preservation of railway corridors as trails as an activity eligible for Transportation Enhancements funding. Section 1617 contradicts and undermines existing federal law and policy.
The Administration’s analysis of Section 1617 maintains that if TE or other federal dollars are used for a rail-trail and a subsequent payment is made from the U.S. Judgment Fund to underwrite a successful takings claim that the “…United States can be said to pay twice for the same trail corridor….” This reasoning is flawed and reveals an extraordinary lack of understanding of rail property transactions. Indeed, in such cases, TE funds used for acquisition purchase the railroad’s interest in the corridor. Court ordered settlements accommodate adjacent property owner interests. The acquisition simply occurs sequentially rather than all at once. TE investment in trail development is unrelated to purchase and any requirement to return those funds to the federal treasury is federal heisting of state assets.
Section 1617will not only halt the acquisition of corridors slated for future abandonment by drying up purchasing dollars, it will also stop rail-trails that are already railbanked and under development. Most trails, particularly long ones, are built segment by segment over an extended period of time as funds become available. 1617 forecloses the completion of such corridors as Nebraska’s Cowboy Trail or Colorado’s Rio Grande Trail from Basalt to Glenwood Springs.
934 miles of rail-trail currently undergoing railbanking negotiations will probably be lost if 1617 passes along with 2,723 miles of corridor railbanked but still in the project stage. This 3,657 miles of potential rail-trail is equivalent to losing a transportation corridor stretching from Miami to Seattle, with 300 miles to spare -- a tragedy for a nation whose people are caught in an obesity epidemic and its attendant health problems.
SAFETEA
Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003
SEC. 1617 INDEMNIFICATION ON CERTAIN RAILBANKED PROJECTS.
Where, pursuant to a final judgment, a Federal court finds the United States liable by operation of section 8(d) the National Trails System Act (enacted by section 208 of Pub. L. 98-11, 97 Stat. 48) (16 U.S.C. 1247(d)), for a taking of property under the Fifth Amendment to the United States Constitution, a State that has received funds, after the date of enactment of this Act, under a Federal-aid highway program established under title 23, United States Code, and that has used a portion of those funds to acquire, develop, maintain or improve a railroad right-of-way that is the subject of the judgment, shall indemnify the United States up to the lesser amount of the judgment awarded (including attorney fees) or the Federal-aid highway program funds received in connection with that railroad right-of-way.
Administration’s Analysis
Under a variety of programs (e.g., the Recreational Trails Program, the Transportation Enhancements Program, the Congestion Mitigation and Air Quality Improvement Program, Surface Transportation Program), the Department of Transportation provides funds to States to acquire, develop, construct, and maintain trails. States may use these funds to make grants to local governments and private organizations (“project sponsors”) for trail projects. Such projects include trails established pursuant to the National Trails System Act Amendments of 1983, 16 U.S.C. 1247(d) (“Rails to Trails Act”), located on a railroad right-of-way.
Where the railroad or project sponsor’s ownership interest in the right-of-way would not allow the railbanking and interim trail use under applicable State law but for the operation of the Rails-to-Trails Act, the United States has been held liable by the Federal courts under the Fifth Amendment to pay just compensation. The result in these instances is that the United States can be said to pay twice for the same trail corridor – first through funds provided by DOT, and then a second time as the result of a just compensation award to property owners who abut the trail corridor and who are found by the court to hold the underlying fee interest.
This section adds an indemnification requirement for States involved in railbanking. If a Federal court determines that property owners are entitled to just compensation in a corridor where Federal-aid highway funds have been used after the date of enactment to acquire right-of-way interests or develop a trail that is located on a railroad right-of-way under the Rails to Trails Act, then the State would have to pay the United States the lesser amount of the judgment awarded (including attorneys’ fees) or the Federal-aid highway program money received in connection with that railroad right-of-way.
Once and Future Rail-Trails
(Targeted state listing of rail-trails that we would not have if Section 1617 had been the law when they were railbanked and sister trails at risk if 1617 passes)
Florida
Development in Danger:
- Leesburg Branch corridor - in and around Leesburg; 5.85 miles currently under railbanking negotiations
- Sarasota to Venice corridor
Idaho
Open:
- Trail of the Coeur d’Alenes (Wallace Branch) – is a 79.1-mile trail; received $1,946,000 of TE funding
Development in Danger:
- Hillcrest to Orchard corridor (Boise Cutoff) – 18.2-mile corridor abandoned in ’00
- Grangeville to Spalding corridor – 66.8-mile corridor railbanked in ’01
Iowa
Development in Danger:
- Central Iowa loop system – Slater to Woodward, Slater to Ankeny, Dawson to Perry (32 miles); Hampton to Beeds Lake State Park to Herry Woods State Park (32 miles); Belmond to Thornton (12 miles); and more.
Missouri
Open:
- Katy Trail – 238.1 railbanked miles; 221.5 open; received $29,803,064 in TE funding
Development in Danger:
- Rock Island Corridor – potential connection between the Katy Trail and Kansas City
New York
Development in Danger:
- The High Line Trail – currently under railbanking negotiations
Ohio
Open:
- Richland B&O Trail (Butler to Mansfield) – 18-mile corridor; received $199,125 of TE funding
Development in Danger:
- Massillion Branch (Massillon to Run Junction) – 5.65-mile corridor railbanked in ’99
- Frederickstown to Mt. Vernon corridor
Vermont
Open:
- Missisquoi Valley Rail-Trail – 26.6-mile corridor; received $470,339 in TE funding
- Burlington Waterfront Bikeway – 7.6-mile corridor; received $167,500 in TE funding
Virginia
Open:
- Hanging Rock Battlefield Trail – 1.58-mile corridor; received $3,266,187 in TE funding
Development in Danger:
- Arno Junction to Derby corridor – 3.03-mile corridor currently under railbanking negotiations
:confused: :eek: :mad:
Probably some sort of Kit Bond conspiracy. Anyways, here is more info than you will ever need or read.
Current and Future Trails are in Danger
Senator Christopher "Kit" Bond from Missouri has interjected a "poison pill" into the new Transportation Bill which will for all practical purposes kill railbanking and trails on railbanked corridors. Tempers have flared within the subcommittee and this bill may be on a fast track.
Rails-to-Trails Conservancy is working to resist the devastating impact Section 1617 of the Administration's SAFETEA bill would have on railbanking and rail-trails. Here is information designed to help us all in articulating our arguments for opposing 1617. To our knowledge, Senator Bond is still on an accelerated schedule that calls for committee markup at the beginning of the week of July 7th and Senate consideration beginning on the 14th.
The attached documents include 1) a background piece on railbanking and rail-trails; 2) four pithy messages for rebuttal; 3) the full text and the Administration's analysis of 1617; and 4) a list of "Once and Future Rail-Trails," i.e. rail-trails we have that we wouldn't if 1617 had been law when they were railbanked, and those under negotiation we will likely lose if it passes.
We need you to help fight this effort within the Senate subcommittee on Transportation and Infrastructure of the Environment and Public Works Committee. You may not have any Senators from your state on this committee - but those that are on the committee should hear from us or someone you know who knows them.
Committee members include Bond (chair), Warner (VA), Voinovich (OH), Chafee (RI), Cornyn (TX), Murkowski (AK), Reid (NV), Baucus (MT), Graham (FL), Lieberman (CN) and Boxer (CA).
Background Information
Railbanking, Rail-Trails and Section 1716 of SAFETEA
Provided by the Rails-to-Trails Conservancy, July 1, 2003
There are nearly 12,500 miles of open rail-trail in the United States. Another 16,760 miles are in development, with communities in every state awaiting their construction. The enormous popularity of trails is fueled by their ability to generate civic pride and economic prosperity by catalyzing small business growth, promoting tourism and increasing property values. Rail-trails enhance livability by improving air and water quality, and preserving natural, cultural and historical resources. They also create healthy people and communities by making it easy and fun to get outside for exercise, transportation and recreation.
The driving policy force behind this huge movement is two pieces of federal legislation: 1) the 1983 railbanking provisions of the National Trails Systems Act allowing unused railroad corridors to be preserved for possible rail reactivation if managed on an interim basis as trails and 2) the Transportation Enhancements (TE) program included in federal transportation legislation since 1991 which has provided more than $530 million for rail-trail acquisition and development. Specifically, 4,334 miles of rail corridor have been railbanked; 1,611 miles of railbanked corridor are open to the public (85 trails); and over $115 million in Transportation Enhancements dollars have been devoted to railbanked rail-trails.
On Sept. 30, 2003, current federal surface transportation legislation, TEA-21 expires. It is currently undergoing congressional renewal or “reauthorization.”
The Bush Administration’s proposed transportation bill, introduced in both the House and the Senate as part of the Safe and Flexible Transportation Equity Act, “SAFETEA,” includes a provision, Section 1617, captioned indemnification on Certain Railbanked Projects. This provision was included in the transportation bill at the request of the U. S. Department of Justice. Its purpose is to stop states from using TE or any other federal dollars for railbanked trails. It does so by requiring them to reimburse the federal government for any such investment, plus attorneys’ fees, if such a corridor is the subject of a winning takings claim. Its affect would be to stop railbanking in its tracks.
Rails-to-Trails Conservancy strongly opposes Section 1617 of SAFETEA. This provision would render railbanking useless as a tool for corridor preservation and interim trail use.
Messages for Use in Opposing Section 1617 of SAFETEA
Prepared by Rails-to-Trails Conservancy, July 1, 2003
Federal law establishes clear policy favoring the preservation of inactive rail corridors by providing for their use on an interim basis as trails [16 U.S.C. Sec.1247(d), the “Railbanking Law]. ISTEA, TEA-21, and now SAFETEA support(ed) this policy by specifically identifying the preservation of railway corridors as trails as an activity eligible for Transportation Enhancements funding. Section 1617 contradicts and undermines existing federal law and policy.
The Administration’s analysis of Section 1617 maintains that if TE or other federal dollars are used for a rail-trail and a subsequent payment is made from the U.S. Judgment Fund to underwrite a successful takings claim that the “…United States can be said to pay twice for the same trail corridor….” This reasoning is flawed and reveals an extraordinary lack of understanding of rail property transactions. Indeed, in such cases, TE funds used for acquisition purchase the railroad’s interest in the corridor. Court ordered settlements accommodate adjacent property owner interests. The acquisition simply occurs sequentially rather than all at once. TE investment in trail development is unrelated to purchase and any requirement to return those funds to the federal treasury is federal heisting of state assets.
Section 1617will not only halt the acquisition of corridors slated for future abandonment by drying up purchasing dollars, it will also stop rail-trails that are already railbanked and under development. Most trails, particularly long ones, are built segment by segment over an extended period of time as funds become available. 1617 forecloses the completion of such corridors as Nebraska’s Cowboy Trail or Colorado’s Rio Grande Trail from Basalt to Glenwood Springs.
934 miles of rail-trail currently undergoing railbanking negotiations will probably be lost if 1617 passes along with 2,723 miles of corridor railbanked but still in the project stage. This 3,657 miles of potential rail-trail is equivalent to losing a transportation corridor stretching from Miami to Seattle, with 300 miles to spare -- a tragedy for a nation whose people are caught in an obesity epidemic and its attendant health problems.
SAFETEA
Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003
SEC. 1617 INDEMNIFICATION ON CERTAIN RAILBANKED PROJECTS.
Where, pursuant to a final judgment, a Federal court finds the United States liable by operation of section 8(d) the National Trails System Act (enacted by section 208 of Pub. L. 98-11, 97 Stat. 48) (16 U.S.C. 1247(d)), for a taking of property under the Fifth Amendment to the United States Constitution, a State that has received funds, after the date of enactment of this Act, under a Federal-aid highway program established under title 23, United States Code, and that has used a portion of those funds to acquire, develop, maintain or improve a railroad right-of-way that is the subject of the judgment, shall indemnify the United States up to the lesser amount of the judgment awarded (including attorney fees) or the Federal-aid highway program funds received in connection with that railroad right-of-way.
Administration’s Analysis
Under a variety of programs (e.g., the Recreational Trails Program, the Transportation Enhancements Program, the Congestion Mitigation and Air Quality Improvement Program, Surface Transportation Program), the Department of Transportation provides funds to States to acquire, develop, construct, and maintain trails. States may use these funds to make grants to local governments and private organizations (“project sponsors”) for trail projects. Such projects include trails established pursuant to the National Trails System Act Amendments of 1983, 16 U.S.C. 1247(d) (“Rails to Trails Act”), located on a railroad right-of-way.
Where the railroad or project sponsor’s ownership interest in the right-of-way would not allow the railbanking and interim trail use under applicable State law but for the operation of the Rails-to-Trails Act, the United States has been held liable by the Federal courts under the Fifth Amendment to pay just compensation. The result in these instances is that the United States can be said to pay twice for the same trail corridor – first through funds provided by DOT, and then a second time as the result of a just compensation award to property owners who abut the trail corridor and who are found by the court to hold the underlying fee interest.
This section adds an indemnification requirement for States involved in railbanking. If a Federal court determines that property owners are entitled to just compensation in a corridor where Federal-aid highway funds have been used after the date of enactment to acquire right-of-way interests or develop a trail that is located on a railroad right-of-way under the Rails to Trails Act, then the State would have to pay the United States the lesser amount of the judgment awarded (including attorneys’ fees) or the Federal-aid highway program money received in connection with that railroad right-of-way.
Once and Future Rail-Trails
(Targeted state listing of rail-trails that we would not have if Section 1617 had been the law when they were railbanked and sister trails at risk if 1617 passes)
Florida
Development in Danger:
- Leesburg Branch corridor - in and around Leesburg; 5.85 miles currently under railbanking negotiations
- Sarasota to Venice corridor
Idaho
Open:
- Trail of the Coeur d’Alenes (Wallace Branch) – is a 79.1-mile trail; received $1,946,000 of TE funding
Development in Danger:
- Hillcrest to Orchard corridor (Boise Cutoff) – 18.2-mile corridor abandoned in ’00
- Grangeville to Spalding corridor – 66.8-mile corridor railbanked in ’01
Iowa
Development in Danger:
- Central Iowa loop system – Slater to Woodward, Slater to Ankeny, Dawson to Perry (32 miles); Hampton to Beeds Lake State Park to Herry Woods State Park (32 miles); Belmond to Thornton (12 miles); and more.
Missouri
Open:
- Katy Trail – 238.1 railbanked miles; 221.5 open; received $29,803,064 in TE funding
Development in Danger:
- Rock Island Corridor – potential connection between the Katy Trail and Kansas City
New York
Development in Danger:
- The High Line Trail – currently under railbanking negotiations
Ohio
Open:
- Richland B&O Trail (Butler to Mansfield) – 18-mile corridor; received $199,125 of TE funding
Development in Danger:
- Massillion Branch (Massillon to Run Junction) – 5.65-mile corridor railbanked in ’99
- Frederickstown to Mt. Vernon corridor
Vermont
Open:
- Missisquoi Valley Rail-Trail – 26.6-mile corridor; received $470,339 in TE funding
- Burlington Waterfront Bikeway – 7.6-mile corridor; received $167,500 in TE funding
Virginia
Open:
- Hanging Rock Battlefield Trail – 1.58-mile corridor; received $3,266,187 in TE funding
Development in Danger:
- Arno Junction to Derby corridor – 3.03-mile corridor currently under railbanking negotiations
:confused: :eek: :mad: