WHEREAS, by Resolution Number TC-1401, the Transportation
Commission of Colorado established a Task Force with the objective
of recommending to the Commission a definition of a strategic
investment program for transit, eligibility criteria, and a process for
project selection and prioritization; and

WHEREAS, the Transit Task Force recommended a list of strategic
transit projects totaling $63 million to be recipients of Strategic Transit
Project funds; and

WHEREAS, a project submitted by Front Range Commuter Rail was
among those selected for funding; and

Explanation:
Both the Transportation Commission and State Transit Task Force
approved the FRCR application including both the I-25 and I-70
corridors.  While apparently some Transportation Commissioners
did not read the application and were not aware that the application
covered both the I-25 and I-70 corridors, the State Task Force
(absent a political agenda) absolutely knew about both corridors
and approved the FRCR study for both corridors.

WHEREAS, the Front Range Commuter Rail Project proposed to
conduct a High Speed Rail Corridor Feasibility Study along the
I-25 and I-70 corridors; and 

WHEREAS, the Front Range Commuter Rail project proposed to
conduct a study that seeks to answer the following questions:

            - Whether the proposed corridor includes rail lines where
              railroad speeds of 90 miles or more per hour are occuring
              or can reasonably be expected to occur in the future.

            - The projected ridership associated with the proposed corridor.

            - The percentage of the corridor over which trains will be able to 
              operate at maximum cruise speed, taking into account such 
              factors as topography and other traffic on the line.

            - The projected benefits to nonriders, such as congestion relief 
              on other modes of transportation servicing the corridor.

            - The amount of State and local financial support that can 
               reasonably be anticipated for the improvement of the line and 
               related facilities.

            - The cooperation of the owner of the right-of-way that can
               reasonably be expected in the operation of the high-speed rail
               passenger service in the corridor.

WHEREAS, the Department has developed a Draft Programmatic
Environmental Impact Statement for the I-70 corridor from C-470 to the
Eagle County Airport, and made it available for public comment on
December 10, 2004; and

WHEREAS, the Draft Programmatic Environmental Impact Statement
for the I-70 corridor covers the same corridor proposed to be examined
by Front Range Commuter Rail; and

Explanation:
Simply Not True.

WHEREAS, considerable effort was put into the Draft Programmatic
Environmental Impact Statement; and

Explanation:
A considerable biased effort towards highway expansion was put
into the Draft PEIS at a cost of over $25 million. 

WHEREAS, the Draft Programmatic Environmental Impact Statement
includes numerous technical analyses, including analyses that address

certain topics, such as operating speeds and potential ridership, that are

also proposed for examination by the Front Range Commuter Rail Study;

and

Explanation:
The Draft PEIS was conducted by two organizations that are by
practice, departments of highways, (Federal Highway
Administration – FHWA and the Colorado Department of Highways
- CDOT).  Even if it is unintended, the conclusions reached by two
departments of highways will always favor highway expansion and
deem rail alternatives as unfeasible.  In contrast, a Federal Railroad
Administration, Federal Transit Administration or Rocky Mountain
Rail Authority managed study that is specifically focused on the
examination of rail transit alternatives, would likely produce an
unbiased evaluation of the feasibility of rail options in this corridor.  
While some of the Draft PEIS technical evaluation is worthy of a
closer look by the FRCR feasibility study, some of the analysis is
clearly biased towards highway solutions and will need to be
revisited.

WHEREAS, the Commission does not believe it is necessary or in the

public interest to duplicate technical analyses that were already adequately

conducted in the course of developing the Draft PEIS; and

WHEREAS, the Commission believes that allowing State funds to be used for

such redundant technical analyses would constitute a poor use of public funds

and could also lead to the creation of what could become a competing,
confusing and duplicative study along the corridor; and

Explanation:
The Commission did however, believe that it was in the public interest
to disallow CH2MHILL from bidding on the PEIS process and then
awarded the PEIS contract to JF Sato, who had never performed a
project of this scope and magnitude before.  Then through the PEIS
process, CDOT Region 1/JF Sato officials wasted a significant portion
of the $25 million in taxpayer funds so that the PEIS process could be
deliberately steered towards a highway expansion outcome. 

The Commission also does not want a rail feasibility study to suggest
that a rail alternative in the I-70 corridor IS feasible.  This would conflict
with the Owen's administration agenda of widening I-70 (regardless of
the impacts).  Any study results that deem rail to be feasible in the
I-70 mountain corridor MUST be discredited as competing, confusing
or duplicative to the Draft PEIS.   This is the real reason why the
Transportation Commission and CDOT Director Norton want this
language in the Resolution.

WHEREAS, the Department will work with Front Range Commuter Rail to

develop a scope of work for the High Speed Rail Corridor Feasibility Study

that generally sets forth the types of analyses that may be conducted by the
study.

Explanation:
The Department will work with Front Range Commuter Rail to make sure
that the FRCR study does not find a rail solution to be feasible in the I-70
corridor in order to insure that I-70 highway expansion will be the priority
solution for the corridor.

NOW THEREFORE BE IT RESOLVED, the Transportation Commission
hereby directs staff to work with Front Range Commuter Rail to develop a
scope of work for the High Speed Rail Corridor Feasibility Study project that
explicitly excludes technical analyses related to potential ridership, operating
speeds, rail technology, or any other such technical areas for which the draft
PEIS has already provided technical analyses.

Transportation Commission of Colorado