12 2 STA T .4956PUBLIC LA W 11 0– 4 3 2 —O CT. 16 , 200 8‘ ‘ §28503.SurfaceT ra nspo r t at i on B oar dm ediation of ri gh ts - of- w a y use re q uests ‘ ‘ If,a f ter a rea son a bl e p er i o d of ne g otiation, a p u bli c transpor - tation aut h orit y cannot reach agree m ent w ith a rail carrier to ac q uire an interest in a railroad right-of-way for the construction and operation of a segregated fi x ed guideway facility to pro v ide commuter rail passenger transportation, the public transportation authority or the rail carrier may apply to the B oard for nonbinding mediation .T he Board shall conduct the nonbinding mediation in accordance with the mediation process of section 1 1 09 . 4 of title 49, C ode of F ederal R egulations, as in effect on the date of enact- ment of this section. ‘‘§ 2850 4 . A pp l ica b ility of other laws ‘‘ N othing in this chapter shall be construed to limit a rail transportation provider ’ s right under section 28 10 3( b ) to enter into contracts that allocate financial responsibility for claims. ‘‘§ 28505. R ules and regulations ‘‘ W ithin 1 year after the date of enactment of this section, the Board shall issue such rules and regulations as may be nec- essary to carry out this chapter.’’. (b) C LERICA L AM E ND MEN T . — The table of chapters of such sub- title is amended by adding after the item relating to chapter 283 the following
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‘ 285.COM M UTER R AIL ME D IATIO N ...............................................................285 01’ ’. SEC.402 . ROUTING E F FICIENC YD ISCUSSIONS W IT HAM TRA K . Amtra k , commuter rail entities, regional and S tate public transportation authorities, and freight railroad carriers are encour- aged to engage in good faith discussions with respect to the routing and timing of trains to efficiently move a maximum number of commuter, intercity, and regional rail passengers, particularly during the peak times of commuter usage. SEC. 40 3 . SENSE OF CONGRESS REGARDING COMMUTER RAI L E XP AN - SION. (a) FINDIN GS .—The Congress find the following: (1) In 200 6 , Americans took 10.1 billion trips on public transportation for the first time since 1949. (2) The Northeast region is one of the Nation’s largest emerging transportation ‘‘megaregions’’ where infrastructure expansion and improvements are most needed. (3) New E ngland’s road traffic has increased two to three times faster than its population since 1990. (4) Connecticut has one of the Nation’s longest average commute times according to the U nited States Census Bureau, and 80 percent of Connecticut commuters drive by themselves to work, demonstrating the need for expanded commuter rail access. ( 5 ) The Connecticut D epartment of Transportation has pledged to moderni z e, repair, and strengthen the rail line infra- structure to provide for increased safety and security along a crucial transportation corridor in the Northeast. (6) Expanded New H aven-Springfield rail service would improve access to Bradley International Airport, one the region’s busiest airports, as well as to Hartford, Connecticut, Deadlin e .
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