To prohibit the use of Federal funds for double tracking of the Pacific Surfliner corridor through the Historic Mission District and downtown area of San Juan Capistrano and along the coastal beaches of Dana Point and San Clemente.

May 20, 2003

Mr. COX (for himself and Mr. CALVERT) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

To prohibit the use of Federal funds for double tracking of the Pacific Surfliner corridor through the Historic Mission District and downtown area of San Juan Capistrano and along the coastal beaches of Dana Point and San Clemente.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Coastal and Historic Communities Protection Act of 2003'.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) Since 1888, Southern Californians have been served by a railroad line that traverses scenic beaches and historic resources in south Orange County, California. Officials of the California High Speed Rail Authority and the California Department of Transportation have proposed plans that could facilitate construction of an additional set of tracks on the coastal Pacific Surfliner corridor accommodating future high-speed rail cars. With 1,700,000 rail passengers traveling in the corridor in 2002, double tracking the line would increase train traffic to an unacceptable level. It can threaten the environmental and economic stability of the local communities, and jeopardize the region's coastal and historic resources.

(2) The proposed double tracking plans of the California High Speed Rail Authority and the California Department of Transportation are inconsistent with the spirit and intent of the National Costal Zone Management Act of 1972 as amended by The Coastal Zone Protection Act of 1996 (16 U.S.C. 1451 note).

(3) The cities of Dana Point, San Juan Capistrano, and San Clemente, and the Orange County Transportation Authority overwhelmingly oppose double tracking of the existing Pacific Surfliner Corridor through the Historic Mission District and downtown area of San Juan Capistrano and along the coastal beaches of Dana Point and San Clemente.

(4) Because our Nation's transportation priorities should correspond to the wishes of the taxpayers who fund these projects, the active participation of these cities in the decision making process is imperative to strengthen the local, State, and Federal partnership that administers the route that is eventually chosen.

SEC. 3. PROHIBITION ON USE OF FEDERAL FUNDS FOR DOUBLE TRACKING OF THE PACIFIC SURFLINER CORRIDOR THROUGH THE HISTORIC MISSION DISTRICT AND DOWNTOWN AREA OF SAN JUAN CAPISTRANO AND ALONG THE COASTAL BEACHES OF DANA POINT AND SAN CLEMENTE.

(a) IN GENERAL- After the date of enactment of this Act, the Secretary of Transportation may not provide funds to study, design, engineer, or construct double tracking of the Pacific Surfliner corridor through the Orange County, California coastal and historic cities of Dana Point, San Juan Capistrano, and San Clemente.

(b) FUNDS FOR PACIFIC SURFLINER- No provision contained herein shall prohibit the Secretary of Transportation from authorizing the expenditures of funds to support Pacific Surfliner service in the corridor consistent with the provisions of the Rail Passenger Service Act of 1970.

SEC. 4. DEFINITION.

For purposes of this Act, the term `double tracking' means the establishment of a second set of rail tracks on, under, or above an existing right-of-way, wherever coastal or historic resources, in the cities of San Clemente, San Juan Capistrano, or Dana Point, may be affected.

END