Developing Multi-State Institutions to Implement Intercity Passenger Rail Programs (2016)

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114 This appendix presents a compendium of multi-state institutional models. The listing is not meant to be exhaustive, but rather a representative inventory of the type of multi-state arrange- ments that currently exist in various sectors. This inventory informed selection of the candidate case studies for the NCRRP 07-02 research effort. The inventory is organized by implementa- tion mechanism, including federal legislation, state legislation, multi-state agreement, voluntary partnership, and interstate compact. Federal Legislation The federal government has used legislation to establish entities that carry out specific functions across two or more states. The legislation will typically outline the mission, powers, obligations, and activities of the authority or organization created. These types of entities can take various forms including for-profit and non-profit corporations, departments or offices within federal agencies, or regional commissions. In some cases, the federal government has opted to dismantle or privatize a federally established entity once its purpose has been accomplished. A P P E N D I X A Compendium of Multi-State Institutional Models ENTITY PURPOSE PARTIES DATE ESTABLISHED SECTOR LINKS Federal and Federally Approved Agencies Bureau of Reclamation Water management agency within the Department of the Interior responsible for the construction of dams, power plants, and canals in 17 western states. Department of the Interior 1902 Water and Power http://www.usbr.gov/main/ about/ EPA Chesapeake Bay Program Office Established under the Clean Water Act to serve as the staff of the Chesapeake Executive Council, a collaborative body of the partners of the Chesapeake Bay Program. Also administers EPA grants and cooperated agreements. DE, MD, NY, PA, VA, WV, DC, EPA, Chesapeake Bay Commission 1987 Water http://www.epa.gov/region3/ chesapeake/ Northwest Power and Conservation Council Established to develop and maintain a regional power plan and fish and wildlife program to balance the Northwest's environment and energy needs. ID, MT, WA, OR 1990 Power/ Environment http://www.nwcouncil.org/ about/ Ozone Transport Commission Established under the Clean Air Act, the Commission advises EPA on transport issues and developing regional solutions to ground-level ozone problems in the Northeast and Mid-Atlantic regions. CT, DE, DC, ME, MA, NH, NJ, NY, PA, RI, VT, VA 1990 Environment http://www.otcair.org/index.asp

ENTITY PURPOSE PARTIES DATE ESTABLISHED SECTOR LINKS St. Lawrence Seaway Development Corporation Non-profit government corporation established to construct, operate, and maintain the U.S. portion of the St. Lawrence Seaway between the Port of Montreal and Lake Erie. The St. Lawrence Seaway Management Corporation is the Canadian counterpart. Federally chartered corporation. Governed by Advisory Board made up of research and private industries from St. Lawrence Seaway regional area. 1954 Transportation http://www.greatlakes- seaway.com/en/management/ slsdc/ Tennessee Valley Authority Government-owned corporation created to plan, construct, and operate navigation, flood control, and electricity generation infrastructure, and promote economic development in the Tennessee Valley. Federally chartered corporation governed by Board of Directors appointed by President and confirmed by Senate 1933 Power http://www.tva.gov/ Passenger Rail and Freight Rail Corporations Amtrak (National Railroad Passenger Corporation) Created as a for-profit corporate entity that operates passenger rail service on 21,200 miles of track in 46 contiguous states and 3 Canadian provinces. Federally chartered corporation governed by Board of Directors appointed by President and confirmed by Senate with congressional oversight 1971 Transportation (Passenger Rail) http://www.amtrak.com/ about-amtrak Conrail Private corporation (with heavy government oversight) to reorganize the Northeastern and Midwestern railroads into a viable system. After becoming profitable, Conrail was sold to the private sector in 1987. In 1998, Norfolk Southern and CSX Transportation jointly purchased and restructured the organization. Private corporation 1973 (legislation), 1976 (began operations) Freight http://www.conrail.com/ history.htm United States Railway Association Government-owned non-profit organization created to reorganize railroads in the Northeast and Midwest into an economically viable system, primarily settling lawsuits involving seven bankrupt rail carriers that were consolidated into Conrail. Organizational powers and obligations were dismantled and transferred to Secretary of Transportation in 1987 upon completion of its objectives. Board of Directors appointed by President and confirmed by Senate 1973 Freight http://www.archives.gov/ research/guide-fed-records/ groups/464.html Economic Development Commissions ARC Regional economic development agency established by Congress as part of an intergovernmental partnership to address poverty and social distress in Appalachia. Governors from following states: WV, AL, GA, KY, MD, MS, NY, NC, OH, PA, SC, TN, VA; Federal co-chairman appointed by President and confirmed by Senate. 1965 Economic Development http://www.arc.gov/ Delta Regional Authority Established to create programs that enhance economic development and improve quality of life for residents of 252 Delta counties and parishes across 8 states. AL, AR, IL, KY, LA, MS, MO, TN; Federal co- chairman appointed by President and confirmed by the Senate. 2000 Economic Development http://www.dra.gov/about-us/ default.aspx The Denali Commission Independent federal agency created to provide critical utilities, infrastructure, and economic support to remote communities in Alaska. AK 1998 Economic Development http://www.denali.gov/ Northern Great Plains Regional Authority Authority created under the 2002 Farm Bill to develop and execute programs and plans in the Northern Great Plains region to serve the needs of distressed counties and isolated areas of distress in the region. SD, ND, NE, MN, IA, and Manitoba, Canada. Additionally the governing board includes a federal member and Chairperson of an Indian tribe appointed by the President and confirmed by the Senate. 2002 Economic Development http://www.ngplains.org/ articles/view/195 (Continued). (continued on next page)

116 Developing Multi-State Institutions to Implement Intercity Passenger Rail Programs State Legislation Another mechanism that has been used to provide services across state lines is state legislation. States may establish a new entity that is authorized to provide services across state lines in its enabling legislation. These entities may require additional agreements with the coordinating states. ENTITY PURPOSE PARTIES DATE ESTABLISHED SECTOR LINKS District of Columbia Water and Sewer Authority (D.C. Water) Independent authority of the District of Columbia that distributes drinking water in D.C. and provides wastewater treatment services for D.C. and its suburbs in Maryland and Virginia. The Blue Plains Inter-municipal Agreement among D.C., Montgomery and Prince George’s Counties, and Fairfax County governs the funding, operation, and management of D.C. Water’s facilities. District of Columbia Montgomery County,MD Prince George's County, MD Fairfax County, VA 1996 (D.C. Water) 1985 (Blue Plains Agreement) Water http://www.dcwater.com/ about/history.cfm Louisville and Southern Indiana Bridges Authority Bi-state governmental agency created to finance and construct the Ohio River Bridges Project. KY, IN 2009 Transportation (Highway) http://www.bridgesauthority. com/ MTA Metro-North Railroad Operates commuter rail service in the New York metropolitan area as a subsidiary of New York State’s Metropolitan Transportation Authority. Connecticut DOT and New Jersey Transit contract with Metro-North Railroad for services to New Haven, CT, and points west of the Hudson River, respectively. NY 1983 Transportation (Commuter Rail) http://web.mta.info/mnr/ html/generalinformation.html NNEPRA Established to oversee the operation of passenger rail service in Maine, specifically the Downeaster Amtrak line. Part of the Authority’s duties is to support Amtrak service in the state through the provision of service fees and fuel costs to Amtrak for the maintenance and operation of the line. ME 1995 Transportation (Passenger Rail) http://www.nnepra.com/ ENTITY PURPOSE PARTIES DATE ESTABLISHED SECTOR LINKS DOE Regional Power Commissions Bonneville Power Administration Based in the Pacific Northwest, markets wholesale electric power from federal hydro projects in the Columbia River Basin, operates 3/4 of high-voltage transmission in the region and promotes energy efficiency, renewable resources, and new technology. N/A; Service area: ID, OR, WA, western MT, small parts of CA, NV, UT, WY 1937 Power http://www.bpa.gov/news/ AboutUs/Pages/default.aspx Southeastern Power Administration Markets hydroelectric power and generation from U.S. Army Corps of Engineers reservoirs in the southeastern region. N/A; Service area: GA, FL, AL, MS, TN, KY, VA, NC, SC, southern IL, WV 1950 Power http://www.sepa.doe.gov/ Overview/?c=2 Southwestern Power Administration Markets energy from U.S. Army Corps of Engineers dams, as well as operates and maintains 1,380 miles of high-voltage transmission lines, substations, and a communications system. N/A; Service area: AR, KS, LA, MO, OK, TX 1943 Power http://www.swpa.gov/ Western Area Power Administration Markets hydroelectric power from U.S. Army Corps of Engineers dams. N/A; Service area: NE, AZ, NM, WY, MN, ND, SD, MT, CO, UT, parts of CA, TX, KS, NV 1977 Power http://ww2.wapa.gov/SITES/ WESTERN/ABOUT/Pages/ default.aspx (Continued).

Compendium of Multi-State Institutional Models 117 Multi-State Agreement States may also establish formal agreements, such as MOUs, for the provision of services across state lines and/or creation of a new entity. Multi-state agreements are sometimes estab- lished to deliver specific transportation corridor projects, such as the Columbia River Crossing project, a highway and transit project jointly owned by the Washington State DOT and Oregon DOT. Another type of multi-state agreement is an interstate compact. ENTITY/PROJECT PURPOSE PARTIES DATE ESTABLISHED SECTOR LINKS Mid-America Freight Coalition (formerly Mississippi Valley Coalition) Regional organization that collaborates on the planning, operation, preservation, and improvement of transportation infrastructure common to Midwestern states. Member states share key interstate corridors, inland waterways, and the Great Lakes. IL,IN, IA, KS, KY, MI, MN, MO, OH, WI 2006 Freight http://midamericafreight.org/ New Woodrow Wilson Bridge Construction Agreement assigns roles and responsibilities for the ownership, operation, inspection, maintenance, and rehabilitation of the Woodrow Wilson Memorial Bridge that connects MD and VA over the Potomac River, crossing over the southern tip of D.C. FHWA owns the original bridge; MD and VA have joint ownership and title to the completed work upon completion and final acceptance. All costs are split equally among MD and VA. FHWA, MD, VA, DC 2001 Transportation (Highway) N/A Voluntary Partnership States have also elected to collaborate for a common interest without establishing a formal contractual relationship. In some cases, voluntary partnerships have established a distinct non- profit organization that is often tax-exempt and eligible to receive federal funds and private contributions. ENTITY PURPOSE PARTIES DATE ESTABLISHED SECTOR LINKS Advantage I-75 Mainline Automatic Clearance System Established to facilitate the Advantage ITS project along the I-75 border (from Detroit to Miami, including a connection to Toronto). The partnership is made up of private stakeholders along the corridor and local and federal public officials from the United States and Canada. FHWA, FL, GA, TN, KY, OH, MI, Government of Ontario, Canadian Ministry of Transport, U.S. and Canada national trucking associations and trucking companies. 1990 Freight/ Transportation http://www.ktc.uky.edu/files/ 2013/03/Advantage-I-75- Mainline-Automated- Clearance-System- Evaluation.pdf Canamex Corridor Coalition Established to develop and implement the Canamex Corridor plan, an effort among the states on the Canada-U.S.- Mexico trade corridor to stimulate investment and economic growth as well as enhance the safety and efficiency of the corridor. Alberta, Canada, MT, ID, UT, NV, AZ, Sonora, Mexico 1995 Transportation http://www.canamex.org/ Coalition of Northeastern Governors Non-partisan regional intergovernmental organization created to address regional issues and provide a forum for intergovernmental cooperation related to regional issues in transportation, energy, environment, and economic development. CT, ME, MA,NH, NY, RI, VT 1976 Transportation http://www.coneg.org/ (continued on next page)

118 Developing Multi-State Institutions to Implement Intercity Passenger Rail Programs ENTITY PURPOSE PARTIES DATE ESTABLISHED SECTOR LINKS Governors’ Wind Energy Coalition Bipartisan group of governors dedicated to development of the nation’s wind energy resources. The Coalition aims to support legislation, programs, and investment that increase the availability of affordable wind energy. AR, CA, CO, DE, HI, IL, IA, KS, KY, MD, MA, MI, MN, MT, NM, NY, ND, OK, OR, PA, RI, SD, WA 2010 Power http://www.governorswind energycoalition.org/ I-81 Corridor Coalition Volunteer partnership of transportation agencies, toll authorities, state and local government interested in coordinated transportation planning along the I-81 corridor. Supports efficient, multimodal, environmentally sensitive freight and passenger movement in the region. DOTs and transportation authorities along the I-81 corridor, federal agencies (see full list on website) 2007 Transportation http://www.i-81coalition.org/ index/ I-95 Corridor Coalition Volunteer partnership of transportation agencies, toll authorities, and related organizations that provides a forum to discuss programmatic transportation improvement across multiple jurisdictions and all modes along the I-95 corridor. DOTs and transportation authorities along the I-95 corridor, federal agencies (see full list on website) 1993 Transportation http://www.i95coalition.org/ i95/Default.aspx Interstate Mining Compact Commission Established to represent the natural resource and related environmental protection interests of member states. Governors of each member state serve on the Commission. AL, AK, AR, IL, IN, KY, LA, MD, MO, NY, NC, ND, OH, OK, PA, SC, TN, TX, UT, VA, WV; Associate members: CO, NV, NM, WY 1970 Conservation/ Environment http://www.imcc.isa.us/ Do.htm International Mobility and Trade Corridor Coalition of government and business entities that promote improvements to mobility and security at the four border crossings that connect Whatcom County, WA, and the Lower Mainland of British Columbia, also known as the Cascade Gateway. Led by Whatcom Council of Governments; participating agencies are transportation agencies, inspection agencies, border municipalities, local and federal government agencies, NGOs and private industries in the corridor. 1997 Trade http://theimtc.com/about/ Multi-State Salinity Coalition Established by local and regional water agencies to meet the need for safe, sustainable, and affordable water supplies. The Coalition fosters dialogue and policy related to desalination and salinity management issues. Members are representatives from local water utilities, governments, research organizations and private industry (see website for specific members). 2001 Water/ Conservation http://www.multi- statesalinitycoalition.com/ National I-10 Freight Corridor Coalition Created to facilitate multi-state planning and make the case for additional federal funds to support the corridor. CA, AZ, NM, TX, LA, MS, AL, FL; 12 technical experts 2001 Freight N/A North America Super Corridor Coalition (NASCO) Established to maximize economic development and transportation investment along the North American international trade corridor (I-35, I-29, I-80, I-94). NASCO also incorporates work done to develop the I-69 corridor, running from Ontario, Canada, to the Lower Rio Grande Valley. State and local governments from TX, OK, KS, MO, IA, SD, province of Manitoba, Canada, transportation authorities, chambers of commerce, private industry along the corridor 1993 Transportation N/A West Coast Corridor Coalition Established by transportation policy leaders in member states to address the challenge of goods movement in the Pacific states. CA, OR, WA, AK; private and public organizations involved in west coast freight corridor 2001 Freight http://westcoastcorridors. org/index.html (Continued).

Compendium of Multi-State Institutional Models 119 Interstate Compact Interstate compacts are one of the most commonly employed mechanisms for establishing multi-state arrangements. Compacts are negotiated by states and enacted in identical forms by each state that is part of the compact. In most cases, interstate compacts must also be approved by Congress. The terms of compacts vary by institution as they are a result of negotiation and agreement among the parties. Some compacts create an organization with operational functions while others provide agreements on how states will cooperate with one another. Metropolitan planning organizations, port authorities, and river basin commissions are common types of organizations established by interstate compact. ENTITY PURPOSE PARTIES DATE ESTABLISHED SECTOR LINKS Atlantic States Marine Fisheries Commission Forum for states established to coordinate conservation and management of marine fisheries in Atlantic states. ME, NH, MA, RI, CT, NY, NJ, PA, DE, MD, VA, NC, SC, GA, FL 1942 Conservation/ Environment http://www.asmfc.org/ Breaks Interstate Park Compact Created for the purpose of creating, developing, and operating Breaks Interstate Park. VA, KY 1953 Parks and Recreation http://www.gpo.gov/fdsys/ pkg/STATUTE-68/pdf/ STATUTE-68-Pg571.pdf http://www.breakspark. com/index.php?option=com_ content&view=article&id=4 &Itemid=5 Columbia River Gorge Commission Established to enhance and protect the resources of the Columbia River Gorge and to support the regional economy by encouraging growth in urban areas and fostering economic development consistent with resource protection. OR, WA, U.S. Forest Service, Native American Treaty Tribes 1986 Conservation/ Environment http://www.gorgecommission. org/aboutus.cfm Cumbres and Toltec Scenic Railroad Commission Established to develop the operation and management of Cumbres and Toltec Scenic Railroad and create economic development opportunities for the nearby areas of Antonito and Chama. NM, CO 1977 Parks and Recreation http://www.cumbrestoltec. com/about-us/cts-commission Great Lakes Commission Established to promote the integrated and comprehensive development, use, and conservation of water and natural resources in the Great Lakes Basin and St. Lawrence River area. IL, IN, MI, MN, NY, OH, PA, WI, Ontario and Quebec are associate members 1955 (state action), 1968 (congressional consent) Conservation/ Environment http://www.glc.org/ Interstate Industrialized Building Commission Established to promote and assure reciprocal recognition of states' industrialized building programs and implement standardized rules and regulations. NJ, MN, RI, ND, and representative from industrialized buildings industry 1991 Construction/ Safety http://interstateibc.org/ about.htm Interstate Oil and Gas Compact Commission Originally established to advocate for the state regulation of oil production and combat energy waste. Current mission is to advocate for environmentally sound ways to increase supply of U.S.-sourced energy. All states are members or associate members except for MN, IA, WI, ME, NH, VT, MA, NJ, CT, RI 1935 Power/ Environment http://www.iogcc.state.ok. us/about-us (continued on next page)

120 Developing Multi-State Institutions to Implement Intercity Passenger Rail Programs ENTITY PURPOSE PARTIES DATE ESTABLISHED SECTOR LINKS Missouri-Illinois Bi-State Compact (Bi-State Development Agency) Created to develop and implement a metropolitan district between Missouri and Illinois, including transportation and water and wastewater plans. In the 1960s the Bi-State Development Agency took operations of public transit facilities purchased from private firms and currently operates and maintains the regional Metro Transit in St. Louis. MO, IL 1949 Transportation http://www.metrostlouis. org/About/Overview.aspx Multi-State Tax Commission Intergovernmental tax agency working on behalf of states and taxpayers to administer tax laws that apply to multi- state and multinational enterprises. All states except for NV and VA have some level of membership (compact, sovereignty, associate and project members) 1967 Taxation http://www.mtc.gov/ Potomac Highlands Airport Authority Established to allow local governments in MD and WV to coordinate the provision of air transportation facilities and service at a regional level. The Authority specifically deals with Cumberland Regional Airport. MD, WV 1976, 1990 Transportation (Aviation) http://msa.maryland.gov/ msa/mdmanual/38inters/ html/17poth.html Southern States Energy Board Established to enhance economic development and quality of life through energy innovation and environmental policies, programs, and technologies in the southern United States. AL, AR, FL, GA, KY, LA, MD, MS, MO, NC, OK, SC, TN, TX, VA, WV, Puerto Rico, U.S. Virgin Islands, federal representative appointed by President confirmed by Senate and Southern Legislative Conference Energy and Environment Committee Chair 1960 Economic Development/ Energy http://www.sseb.org/ Maine-New Hampshire Interstate Bridge Authority Created to oversee and manage the Sarah Mildred Long Bridge between Portsmouth, NH, and Kittery, ME. Reinstated in 2010 to include the I-95 High Level Bridges. A task force was created with the reinstatement of the Authority to source financing of improvements for three bridge projects. ME, NH 1937, 2010 Transportation http://www.maine.gov/ mdot/docs/bistatebridge finalreport1.pdf Metropolitan Washington Airports Authority Responsible for operations and capital improvements at Washington Dulles International and Ronald Reagan Washington National Airports, as well as the Dulles Toll Road and the expansion of Metrorail to Dulles Airport and Loudoun County. N/A, DC and VA transferred operations of assets to MWAA 1987 Transportation http://www.metwashairports. com/ (Continued).

Compendium of Multi-State Institutional Models 121 ENTITY PURPOSE PARTIES DATE ESTABLISHED SECTOR LINKS Multi-State Regional Planning Entities/MPOs Augusta-Richmond County Planning Commission Planning commission responsible for regulating subdivision of land, zoning, and orderly growth and development of Augusta-Richmond region. GA, SC 1965 Transportation http://www.augustaga.gov/ index.aspx?NID=305 Bi-State Regional Commission Metropolitan planning organization (MPO) for the five-county area in western Illinois and eastern Iowa, incorporating the Quad Cities (Davenport, IA; Rock Island and Moline, IL) urbanized region. IL, IA 1966 Transportation http://www.bistateonline. org/abo/age.shtml Bristol Urban Area MPO MPO includes Bluff City, Bristol, and part of Sullivan County in TN, and Bristol and Washington County in VA. TN, VA 1982 Transportation http://www.bristoltn.org/ transportation.cfm Delaware Valley Regional Planning Commission Established to foster regional cooperation in the nine-county, Greater Philadelphia region. NJ, PA 1965, 1974 Transportation & Regional Planning http://www.dvrpc.org/ Duluth-Superior Metropolitan Interstate Council MPO covers the counties of St. Louis in MN and Douglas in WI. MN, WI 1975 Transportation http://www.dsmic.org/ Lewis-Clark Valley MPO Established to provide a regional approach to transportation planning. WA, ID 2003 Transportation http://www.lewisclarkmpo. org/ National Capital Regional Transportation Planning Board MPO for the Washington, D.C., region. WMATA, MWAA, local governments and transportation agencies, MD and VA General Assemblies 1965 Transportation http://www.mwcog.org/ transportation/tpb/ Ohio-Kentucky-Indiana Regional Council of Governments MPO for Greater Cincinnati region. OK, KY, IN 1964 Transportation & Regional Planning http://www.oki.org/ Wilmington Area Planning Council Regional transportation planning agency representing New Castle County in Delaware and Cecil County in Maryland. DE, MD 1996 Transportation http://www.wilmapco.org/ Tahoe Regional Planning Compact Established a regional planning agency with power to adopt and enforce a regional plan of resource conservation and development and to exercise various environmental controls over the Tahoe Basin. CA, NV 1968, 1970 (date of organization) Conservation/ Environment http://www.trpa.org/about- trpa/ WMATA Established an authority to plan, develop, operate, construct, acquire, and improve mass transit facilities in the Washington transit zone (DC, MD, VA), and to operate such facilities. MD, DC, VA 1965, 1966 Transportation http://www.wmata.com/ about_metro/?forcedesktop=1 Washington Metropolitan Area Transit Commission Established a commission for the regulation of passenger transportation by any privately owned carrier between any points in D.C.and adjacent portions of MD and VA, excepting transportation solely within VA. MD, VA, DC 1960 Transportation http://www.wmatc.gov/ (Continued). (continued on next page)

122 Developing Multi-State Institutions to Implement Intercity Passenger Rail Programs ENTITY PURPOSE PARTIES DATE ESTABLISHED SECTOR LINKS Delaware River Basin Commission Established to coordinate water resource efforts among the agencies within the state boundaries of the Basin. NY, NJ, DE, PA, and federal government 1961 Water http://www.state.nj.us/drbc/ Interstate Commission on the Potomac River Basin Established to enhance, protect, and conserve water and associated land resources of the Potomac River and its tributaries through regional and interstate cooperation. MD, PA, VA, WV, DC, and the federal government 1940 Water http://www.potomacriver.org/ Mississippi River Commission Established to develop plans to improve the conditions of the Mississippi River and tributaries, foster navigation, promote commerce, and prevent flooding. Currently provides water resource engineering direction and policy guidance to the Administration, Congress, and Army. N/A 1879 Water http://www.mvd.usace.army. mil/About/MississippiRiver Commission%28MRC%29.aspx Susquehanna River Basin Commission Established to coordinate the water resource efforts of the Basin among three states and the federal government. NY, PA, MD, federal government (U.S. Army Corps of Engineers representative) 1970 Water http://www.srbc.net/ Port Authorities Delaware River Port Authority Commission to construct bridges, develop port facilities shared in common by both states, enhance economic development, promote commerce in the port district, development and maintain a rapid transit system and unify the port of Philadelphia and Camden. NJ, PA 1931 (states), 1932 (fed.), 1952 (date of organization) Transportation http://www.drpa.org/ Port Authority of New York & New Jersey Establishes port district in the New York City-New Jersey metropolitan area and a joint agency to provide transportation, terminal, and other facilities of commerce and trade. NY, NJ 1921 Transportation http://www.panynj.gov/ River Basin Commissions Chesapeake Bay Commission Established to coordinate across state lines and provide policy leadership in the restoration of the Chesapeake Bay including issues such as managing resources, conserving land, and protecting water quality. VA, MD, PA 1980 Water http://www.chesbay.us/ (Continued).