Weirick E-mail 9/23/97: Proposed Bike Ban; Trail Bill

Just wanted you to know that there are a couple of anti trail/'anti
bicycle bills coming up in Congress. The anti-bicycle bill, and
amendment to HR 2400, will come up in committe TOMORROW!!!!

Anyway, attached are discussions and texts of the bills. I urge you
to publish this information and to CALL YOUR CONGRESSMAN.

Thanks,
Marty Weirick
========================================
First, the anti-bike bill.
===============================================
A Discussion of the Bicycle Ban on Interstates from League of American
Bicyclists member.


Once again, I'm forwarding an update on Shuster's (Rep Bud Shuster,
R-PA, Chairman of the House Transportation Committee) proposed freeway
bicycle ban to the various lists--this time with the exact text of the
nefarious amendment to HR-2400 (BESTEA) which is scheduled for final
markup in the House Transportation & Infrastructure Committee sometime
next week (Wed?).

I've also received the following from Heather Anderson
<LABDC@aol.com>:

> Shuster's proposed amendment would "only" ban bicycles from
interstates, and would take effect in three years. We've been working with
committee staff to > stop this amendment from even being brought to
a vote at next week's markup, > and also urging
Republican committee members to do the same (the Democrats
> are already with us on this).

>From this it would seem contacting the Republican committee members
(by fax or phone preferably) to oppose the bike ban amendment is our
highest priority at this point if committee staff are unable to
persuade Shuster to withdraw it before final markup. Toward that end,
I'm including yet another list of members for both the House
Transportation & Infrastructure Committee and its Surface
Transportation Subcommittee--this time broken down by party
affiliation. Talking points I would use with the Republican members:

1) What right does the Federal Gov have to dictate to the individual
states, particularly those out West that currently allow bikes access
to at least certain sections of the Interstate System, whether they
should or should not be able to continue doing so (the old States
Rights argument)?

2) No accident data exist to suggest that properly maintained paved
freeway shoulders are in any way less safe for bicycle travel than
other types of roadways. Cite Richard C. Moeur, a traffic engineer
with the Arizona Dept of Transportation, who has noted that over the
past 5 years on Arizona's 2000+ miles of freeway shoulders open to
bike travel, they have averaged LESS THAN *1* motor vehicle/bike crash
per year statewide. Other Western states presumably have had similar
experiences (the don't "fix" what ain't broke argument, since there is
no real safety problem).

3) No data exist to suggest that motorists are in any way
inconvenienced or delayed by the presence of cyclists riding on
freeway shoulders, particularly when cyclists can ride well outside
the normal traffic flow (the we aren't in the way, so what's the
problem argument).

4) Cyclists are taxpayers too, and should have at least some right to
use the Interstate System they helped pay for, particularly since they
impose little or no maintenance costs in doing so (the Libertarian
argument).

5) Why should cyclists be forced to go many 10s of miles or more out
of their way when a *safer* and more direct route along a rural
Interstate exists--which may indeed be the ONLY route between
destinations in many places out West (the practicality and safety
arguments combined).

So start cranking out those faxes ASAP!

This article was written by:
Riley Geary
Arlington, VA
geary@cmr.gov

The text of the proposed, but not yet introduced, bike ban
legislation:


To be inserted into Page 144 (BESTEA) after line 13
"(f) Access of Bicycles to Interstate System-
. (B) by adding at the end of the following:
"(2) Access of Bicycles to Interstate System. - No State shall permit
bicycles to utilize the Interstate System for Transportation unless
such access is approved by the Secretary (as being consistent with
this subsection). the Secretary shall not approve any request by a
State to permit bicycle access to any segment of the Interstate
Systems in such State unless the State demonstrates to the
satisfaction of the Secretary that-
"(A) such access is necessary for an interconnected system
of bike routes; "(B) such access would not adversely
impact safety of bicyclists or moter vehicles using such
segment;
"(C) the traffic volume, geometric design, and physical
condition of such segment would permit the
safe operation of bicycles;
"(D) there is no other feasible alternative route for
bicycle transportation; and "(E) no bicycle access will be
permitted by the State to any person under the age of 18
unless
accompanied by a parent or guardian"; and
... (2) Applicability - the amendment made by paragraph
(1) shall not apply to any segment of the
Interstate System on which bicycle access is permitted on the
day before the date of enactment of the Actuntil the last day
of the 3-year period beginning on such date of enactment."

HOUSE SURFACE TRANSPORTATION SUBCOMMITTEE (REPUBLICANS)

Representative State Phone Fax Email
(202 Area Code)
Majority Office 225-6715/225-2436

Thomas E Petri -Chair WI 225-2476/225-2356 tompetri@mail.house.gov
Spencer Bachus AL 225-4921/225-2082 sbachus@hr.house.gov
Richard H Baker LA 225-3901/225-7313 N/A
Charles Bass NH 225-5206/225-2946 cbass@hr.house.gov
Herbert H Bateman VA 225-4261/225-4382 N/A
Howard Coble NC 225-3065/225-8611 CobleNC6@hr.house.gov
Merrill Cook UT 225-3011/225-5638 Cong.Merrill.Cook@mail.house.gov
Jo Ann Emerson MO 225-4404/-------- joann.emerson@mail.house.gov
Thomas W Ewing IL 225-2371/225-8071 N/A
Tillie K Fowler FL 225-2501/225-9318 N/A
Bob Franks NJ 225-5361/225-9460 franksnj@hr.house.gov
Kay Granger TX  225-5071/225-5683 texas.granger@mail.house.gov
Stephen Horn CA 225-6676/226-1012 stephen.horn@mail.house.gov
Asa Hutchinson AR 225-4301/225-5713 Asa.Hutchinson@mail.house.gov
Sue W Kelly NY 225-5441/225-3289 dearsue@hr.house.gov
Roy LaHood IL 225-6201/225-9249 N/A
Steven C LaTourette OH 225-5731/225-3307 N/A 
Jack Metcalf WA 225-2605/225-4420 jack.metcalf@mail.house.gov
John L Mica FL 225-4035/226-0821 john.mica@mail.house.gov
Robert W Ney OH  225-6265/225-3394 bobney@hr.house.gov
Edward Pease IN  225-5805/-------- ed.pease@mail.house.gov
Charles W Pickering,Jr MS 225-5031/225-5797 C.Pickering@mail.house.gov
Joseph Pitts  PA 225-2411/225-2013 pitts.pa16@mail.house.gov
Jack Quinn NY 225-3306/226-0347 N/A
Frank Riggs CA 225-3311/225-3403 repriggs@hr.house.gov
John Thune SD 225-2801/225-5823 jthune@mail.house.gov
J C Watts, Jr OK 225-6165/225-3512 rep.jcwatts@mail.house.gov

OTHER HOUSE TRANSPORTATION & INFRASTRUCTURE COMMITTEE MEMBERS (REPUBLICANS)

Majority Office 225-9446/225-6782 transcomm@mail.house.gov
Bud Shuster >>Chair<< PA 225-2431/225-2486 N/A
Roy Blunt MO 225-6536/225-5604 blunt@mail.house.gov
Sherwood L Boehlert NY 225-3665/225-1891 Rep.Boehlert@mail.house.gov
John Cooksey LA 225-8490/225-5639 congressman.cooksey@mail.house.g
Thomas M Davis VA 225-1492/225-3071 tomdavis@hr.house.gov
John J Duncan, Jr TN 225-5435/225-6440 jjduncan@hr.house.gov
Vernon J Ehlers MI 225-3831/225-5144 rep.ehlers@mail.house.gov
Jon D Fox PA 225-6111/225-3155 jonfox@hr.house.gov
Wayne T Gilchrest MD 225-5311/225-0254 N/A
Jay Kim CA 225-3201/226-1485 N/A
Frank LoBiondo NJ 225-6572/225-3318 lobiondo@hr.house.gov
Jerry Moran KS 225-2715/225-5124 jerry.moran@mail.house.gov
Don Young AK 225-5765/225-0425 don.young@mail.house.gov
----------------------------------------------------------------------

HOUSE SURFACE TRANSPORTATION SUBCOMMITTEE MEMBERS (DEMOCRATS)

Representative State Phone Fax Email
(202 Area Code)
Minority Office 225-9989/225-4627

Nick J Rahall II -RMM WV 225-3452/225-9061 nrahall@hr.house.gov
James A Barcia MI 225-8171/225-2168  jim.barcia-pub@mail.house.gov
James E Clyburn SC 225-3315/225-2313 jclyburn@mail.house.gov
Jerry F Costello IL 225-5661/225-0285 jfc.il12@mail.house.gov
Robert E Cramer, Jr AL 225-4801/225-4392 budmail@mail.house.gov
Elijah E Cummings MD 225-4741/225-3178 N/A
Pat Danner MO 225-7041/225-8221 N/A
Peter A DeFazio OR 225-6416/225-0373 peter.defazio@mail.house.gov
Bob Filner CA 225-8045/225-9073 N/A
Eddie Bernice Johnson TX 225-8885/226-1477 ejohnson@hr.house.gov
Frank Mascara PA 225-4665/225-3377 frank.mascara@mail.house.gov
James P McGovern MA 225-6101/225-5759 jim.mcgovern@mail.house.gov
Robert Menendez  NJ 225-7919/226-0792 N/A
J Millender-McDonald CA 225-7924/225-7926 Millender.McDonald@mail.house.gov
Jerrold Nadler  NY 225-5635/225-6923 jerrold.nadler@mail.house.gov
Elanor Holmes Norton DC 225-8050/225-3002 N/A
William J Pascrell, Jr NJ 225-5751/225-5782 N/A
Max Sandlin TX 225-3035/225-5866  max.sandlin@mail.house.gov
Ellen Tauscher CA 225-1880/225-5914 ellen.tauscher@mail.house.gov
Gene Taylor  MS 225-5772/225-7074 gene.taylor@mail.house.gov

OTHER HOUSE TRANSPORTATION & INFRASTRUCTURE COMMITTEE MEMBERS
(DEMOCRATS)


Minority Office 225-4472/226-1270

James L Oberstar -RMM MN 225-6211/225-0699 oberstar@hr.house.gov
Earl Blumenauer OR 225-4811/225-8941 write.earl@mail.house.gov
Robert A Borski PA 225-8251/225-4628 rborski@hr.house.gov
Leonard L Boswell IA 225-3806/225-5608 rep.boswell.ia03@mail.house.gov
Corrine Brown FL 225-0123/225-2256 N/A
Bob Clement TN 225-4311/226-1035  bob.clement@mail.house.gov
Tim Holden PA 225-5546/226-0996 N/A
Jay Johnson WI 225-5665/225-5729 jay.johnson@mail.house.gov
Nick Lampson TX 225-6565/225-5547 nick.lampson@mail.house.gov
William O Lipinski IL 225-5701/225-1012 N/A
Glenn Poshard IL 225-5201/225-1541 N/A
James A Traficant, Jr OH 225-5261/225-3719 telljim@hr.house.gov
Robert E Wise, Jr WV 225-2711/225-7856 bobwise@hr.house.gov

Then, the anti-trail bill

==============================================

House bill attacks federal railbanking and local trails

Anti-trail property rights backers launched a new attack on Section
8(d) federal railbanking in a U.S. House bill that would end National
Trails System Act protection and thus allow state laws on railroad
easements to destroy surplus railway corridors.

H.R. 2438 was introduced Sept. 9 by Rep. Jim Ryun (R-KS) and 22 other
Republican co-sponsors, all but of two of whom represent western
states. Seven of the co-sponsors sit on the House Committee on
Resources, to which the bill was assigned. Rep. Nick Joe Rahall (D-WV)
sits on the committee

One of the co-sponsors, Rep. Don Young (R-AK), chairs the Resources
committee. Three co-sponsors are on the National Parks and Public
Lands Subcommittee, with one holding that chair. The makeup suggests
the co-sponsors can fend off opposition to the bill in committee.

"My bill would change the law and restore private property rights
issues to the state," Rep. Ryun said in his introductory remarks. He
added that his proposed amendments would make federal rail abandonment
law conform to the U.S. Consititution.

His reference was to 16 U.S.C. 1247(d), the section of the NTSA that
since 1983 has allow first the ICC and now the Surface Transportation
Board to hold open future rail options by forestalling corridor losses
through railbanking.

The act permits interim public trails on these surplus rail lines. The
Ryun bill strikes corridor preservation from the NTSA purpose and
reduces the STB's "shall" interim trail use mandate to a vague "may."

The consititutionality of Section 8(d) was upheld b the U.S. Supreme
Court in 1990. Subsequent appeals have gone back and forth on what
constitutes a taking and what compensation may be due to underlying
fee holders of railroad asement property. No property owner has yet
received federal compensation.

Rep. Ryun, who gained fame as an Olympic runner said: "My own desire
to run on a trail should not come at the expense of a property owner,
whose constitutional rights rest in the balance." He claimed it is not
the intention of his Railway Abandonment Clarification bill to scuttle
the National Trails System Act, but rather to turn corridor decisions
over the states.

However, nearly all states allow railroad easements to revert to
adjoining property owners, most often with no public interest options.
The NTSA section was passed to help slow the massive loss of railroad
infrastructure.

Less than two percent of the national system reduction has been
railbanked through Section 8(d) or local rail-trail projects. The rest
has disappeared through state law reversions and is lost to
transportation or other public purposes. (This discussion was prepared
by Daniel Arrasmith of North Carolina Rail-Trails)


Following is the text of HR 2438:

To encourage the establishment of appropriate trails on abandoned
railroad rights-of-way, while ensuring the protection of certain
reversionary property rights. (Introduced in the House)

HR 2438 IH
105th CONGRESS
1st Session

H. R. 2438

To encourage the establishment of appropriate trails on abandoned
railroad rights-of-way, while ensuring the protection of certain
reversionary property rights.

IN THE HOUSE OF REPRESENTATIVES

September 9, 1997

Mr. RYUN (for himself, Mr. TIAHRT, Mr. SNOWBARGER, Mr. LARGENT, Mr.
COBURN, Mr. POMBO, Mr. HUTCHINSON, Mr. METCALF, Mr. TALENT, Mr.
SHIMKUS, Mr. HASTINGS of Washington, Mr. RADANOVICH, Mr. ROHRABACHER,
Mr. DICKEY, Mr. THORNBERRY, Mr. YOUNG of Alaska, Mr. HANSEN, Mr. WATTS
of Oklahoma, Mr. WATKINS, Mr. BOB SCHAFFER of Colorado, Mrs. CUBIN,
Mr. HOSTETTLER, and Mr. THUNE) introduced the following bill; which
was referred to the Committee on Resources

A BILL

To encourage the establishment of appropriate trails on abandoned
railroad rights-of-way, while ensuring the protection of certain
reversionary property rights.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. AMENDMENTS.

Section 8(d) of the National Trails System Act (16 U.S.C.
1247(d)) is amended--

(1) by striking `Consistent with the purposes' and all
that follows through `rights-of-way for railroad
purposes.';

(2) by striking `for management of such' and all that
follows through `transfer or use' and inserting in lieu
thereof `, with respect to the portion of any railroad
right-of-way donated, transferred, leased, or otherwise
conveyed for use for establishment of such a trail, for
management of the trail, for any legal liability arising
out of the donation, transfer, lease, or other conveyance
and use';

(3) by striking `Board shall' and inserting in lieu
thereof `Board may';

(4) by inserting `, in furtherance of the national policy
to preserve established railroad rights-of-way for future
reactivation of rail service,' after `for interim use';
and

(5) by striking `, and shall not permit' and all that
follows through `of such use' and inserting in lieu
thereof `. This subsection shall not preempt State law
with respect to the establishment of, and rights incident
to, an easement, right-of-way, or other property interest
in land'.

Following is how this bill would fit into the existing law 16 U.S.C.
1247(d) if made into law

Proposed HR 2438 amendments to National Trail System Act Section 8(d)
federal railbanking, as introduced in U.S. House Sept. 9, 1997.

16 U.S.C. 1247(d)

The Secretary of Transportation, the Chairman of the Surface
Transportation Board, and the Secretary of the Interior, in
administering the Railroad Revitalization and Regulatory Reform Act of
1976 [45 U.S.C.A. 801 et seq.] shall encourage State and local
agencies and private interests to establish appropriate trails using
the provisions of such programs.

STRIKING> Consistent with the purposes of that Act, and in
furtherance of the national Policy to preserve established railroad
rights-of-way for future reactivation of rail service, to protect rail
transportation corridors and to encourage energy efficient
transportation use, in the case of of interim use of any established
railroad rights-of-way pursurant to donation, transfer, lease, sale or
otherwise in a manner consistent with this chaper, if such interim use
is subject to restoration or reconstruction for railroad purposes,
such interim use shall not be treated, for purposes of any law or rule
of law, as an abandonment of the use of such rights-of-way for
railroad purposes <STRIKING.

If a State, political subdivision, or qualified private organizaton is
prepared to assume full responsibility . . .

STRIKING> for mangement of such rights-of-way and for any legal
liability arising out of such transfer or use < STRIKING.

INSERTING> ,with respect to the portion of any railroad right-of-way
donated, transferred, leased, or otherwise conveyed for use for
establishment of such a trail, for management of the trail; any legal
liability arising out of the donation, transfer, lease, or other
conveyance and use; <INSERTING.

and for the payment of any and all taxest that may be levied or
assessed against such rights-of-way, then the Board STRIKING> shall
<STRIKING and INSERTING> may <INSERTING impose such terms and
conditions as a requirement of any transfer or conveyance for interim
use . . .

INSERTING> in furtherance of the national policy to preserve
established railroad rights of way for future reactivation of rail
service <INSERTING.

in a manner consistent with this chapter.

STRIKING> , and shall not permit abandonment or discontinuance
inconsistent or disruptive of such use. <STRIKING.

INSERTING> This subsection shall not preempt State Law with respect to
the establishment of, and rights incident to, an easement,
right-of-way, or other property interest in land. <INSERTING.


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