US (United States) Code. Title 45. Chapter 21: Alaska Railroad Transfer

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Railroads

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-CITE-

45 USC CHAPTER 21 - ALASKA RAILROAD TRANSFER 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-

CHAPTER 21 - ALASKA RAILROAD TRANSFER

-MISC1-

Sec.

1201. Findings.

1202. Definitions.

1203. Transfer authorization.

(a) Authority of Secretary; time, manner, etc., of

transfer.

(b) Simultaneous and interim transfers,

conveyances, etc.

(c) Reservations to United States in interim

conveyances and patents.

(d) Certifications by Secretary; scope, subject

matter, etc.

1204. Transition period.

(a) Joint report by Secretary and Governor of

Alaska; contents, preparation, etc.

(b) Inspection, etc., of rail properties and

records; terms and conditions; restrictions.

(c) Format for accounting practices and systems.

(d) Fair market value; determination, terms and

conditions, etc.

1205. Lands to be transferred.

(a) Availability of lands among rail properties.

(b) Review and settlement of claims; administrative

adjudication; management of lands; procedures

applicable.

(c) Judicial review; remedies available; standing

of State.

(d) Omitted.

(e) Liability of State for damage to land while

used under license.

1206. Employees of Alaska Railroad.

(a) Coverage under Federal civil service retirement

laws; election, funding, nature of benefits,

etc., for employees transferring to

State-owned railroad; voluntary separation

incentives.

(b) Coverage for employees not transferring to

State-owned railroad.

(c) Rights and benefits of transferred employees

whose employment with State-owned railroad is

terminated.

(d) Lump-sum payment for unused annual leave for

employees transferring to State-owned

railroad.

(e) Continued coverage for certain employees and

annuitants in Federal health benefits plans

and life insurance plans.

1207. State operation.

(a) Laws, authorities, etc., applicable to

State-owned railroad with status as rail

carrier engaged in interstate and foreign

commerce.

(b) Procedures for issuance of certificate of

public convenience and necessity; inventory,

valuation, or classification of property;

additional laws, authorities, etc.,

applicable.

(c) Eligibility for participation in Federal

railroad assistance programs.

(d) Laws and regulations applicable to national

forest and park lands; limitations on Federal

actions.

1208. Future rights-of-way.

(a) Access across Federal lands; application

approval.

(b) Consultative requirements prior to approval of

application; conformance of rights-of-way,

etc.

(c) Reversion to United States.

1209. Reversion.

(a) Reversion or payment to Federal Government for

conversion to use preventing State-owned

railroad from continuing to operate.

(b) Reversion upon discontinuance by State of use

of any land within right-of-way; criteria for

discontinuance.

(c) Conveyances by United States subsequent to

reversion.

(d) Discontinuance by State of use of national park

or forest lands; jurisdiction upon reversion.

(e) Payment into Treasury of United States of

excess proceeds from sale or transfer of all

or substantially all of State-owned railroad;

limitations.

(f) Enforcement by Attorney General.

1210. Other disposition.

1211. Denali National Park and Preserve lands.

1212. Applicability of other laws.

(a) Actions subject to other laws.

(b) Federal surplus property disposal; withdrawal

or reservation of land for use of Alaska

Railroad.

(c) Ceiling on Government contributions for Federal

employees health benefits insurance premiums.

(d) Acreage entitlement of State or Native

Corporation.

(e) Judgments involving interests, etc., of Native

Corporations.

1213. Conflict with other laws.

1214. Separability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 231 of this title.

-End-

-CITE-

45 USC Sec. 1201 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-

Sec. 1201. Findings

-STATUTE-

The Congress finds that -

(1) the Alaska Railroad, which was built by the Federal

Government to serve the transportation and development needs of

the Territory of Alaska, presently is providing freight and

passenger services that primarily benefit residents and

businesses in the State of Alaska;

(2) many communities and individuals in Alaska are wholly or

substantially dependent on the Alaska Railroad for freight and

passenger service and provision of such service is an essential

governmental function;

(3) continuation of services of the Alaska Railroad and the

opportunity for future expansion of those services are necessary

to achieve Federal, State, and private objectives; however,

continued Federal control and financial support are no longer

necessary to accomplish these objectives;

(4) the transfer of the Alaska Railroad and provision for its

operation by the State in the manner contemplated by this chapter

is made pursuant to the Federal goal and ongoing program of

transferring appropriate activities to the States;

(5) the State's continued operation of the Alaska Railroad

following the transfer contemplated by this chapter, together

with such expansion of the railroad as may be necessary or

convenient in the future, will constitute an appropriate public

use of the rail system and associated properties, will provide an

essential governmental service, and will promote the general

welfare of Alaska's residents and visitors; and

(6) in order to give the State government the ability to

determine the Alaska Railroad's role in serving the State's

transportation needs in the future, including the opportunity to

extend rail service, and to provide a savings to the Federal

Government, the Federal Government should offer to transfer the

railroad to the State, in accordance with the provisions of this

chapter, in the same manner in which other Federal transportation

functions (including highways and airports) have been transferred

since Alaska became a State in 1959.

-SOURCE-

(Pub. L. 97-468, title VI, Sec. 602, Jan. 14, 1983, 96 Stat. 2556.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in pars. (4) to (6), was in the

original "this title", meaning title VI (Sec. 601 et seq.) of Pub.

L. 97-468, Jan. 14, 1983, 96 Stat. 2556, known as the Alaska

Railroad Transfer Act of 1982, which is classified principally to

this chapter (Sec. 1201 et seq.). For complete classification of

title VI to the Code, see Short Title note below and Tables.

-MISC1-

SHORT TITLE

Section 601 of title VI of Pub. L. 97-468 provided that: "This

title [enacting this chapter, amending sections 231, 712, and 802

of this title, sections 305, 3401, 5102, 5342, and 7327 of Title 5,

Government Organization and Employees, section 410hh-1 of Title 16,

Conservation, section 251 of Title 42, The Public Health and

Welfare, section 10749 of Title 49, Transportation, and section

1655 of the Appendix to Title 49, repealing section 353a of Title

16, section 208a of Title 30, Mineral Lands and Mining, sections

975, 975a, and 975c to 975g of Title 43, Public Lands, and section

301a of Title 48, Territories and Insular Possessions, and amending

provisions set out as a note under section 1611 of Title 43] may be

cited as the 'Alaska Railroad Transfer Act of 1982'."

-End-

-CITE-

45 USC Sec. 1202 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-

Sec. 1202. Definitions

-STATUTE-

As used in this chapter, the term -

(1) "Alaska Railroad" means the agency of the United States

Government that is operated by the Department of Transportation

as a rail carrier in Alaska under authority of the Act of March

12, 1914 (43 U.S.C. 975 et seq.) (popularly referred to as the

"Alaska Railroad Act") and section 6(i) (!1) of the Department of

Transportation Act, or, as the context requires, the railroad

operated by that agency;

(2) "Alaska Railroad Revolving Fund" means the public

enterprise fund maintained by the Department of the Treasury into

which revenues of the Alaska Railroad and appropriations for the

Alaska Railroad are deposited, and from which funds are expended

for Alaska Railroad operation, maintenance and construction work

authorized by law;

(3) "claim of valid existing rights" means any claim to the

rail properties of the Alaska Railroad on record in the

Department of the Interior as of January 13, 1983;

(4) "date of transfer" means the date on which the Secretary

delivers to the State the four documents referred to in section

1203(b)(1) of this title;

(5) "employees" means all permanent personnel employed by the

Alaska Railroad on the date of transfer, including the officers

of the Alaska Railroad, unless otherwise indicated in this

chapter;

(6) "exclusive-use easement" means an easement which affords to

the easement holder the following:

(A) the exclusive right to use, possess, and enjoy the

surface estate of the land subject to this easement for

transportation, communication, and transmission purposes and

for support functions associated with such purposes;

(B) the right to use so much of the subsurface estate of the

lands subject to this easement as is necessary for the

transportation, communication, and transmission purposes and

associated support functions for which the surface of such

lands is used;

(C) subjacent and lateral support of the lands subject to the

easement; and

(D) the right (in the easement holder's discretion) to fence

all or part of the lands subject to this easement and to affix

track, fixtures, and structures to such lands and to exclude

other persons from all or part of such lands;

(7) "Native Corporation" has the same meaning as such term has

under section 102(6) of the Alaska National Interest Lands

Conservation Act (16 U.S.C. 3102(6));

(8) "officers of the Alaska Railroad" means the employees

occupying the following positions at the Alaska Railroad as of

the day before the date of transfer: General Manager; Assistant

General Manager; Assistant to the General Manager; Chief of

Administration; and Chief Counsel;

(9) "public lands" has the same meaning as such term has under

section 3(e) of the Alaska Native Claims Settlement Act (43

U.S.C. 1602(e));

(10) "rail properties of the Alaska Railroad" means all right,

title, and interest of the United States to lands, buildings,

facilities, machinery, equipment, supplies, records, rolling

stock, trade names, accounts receivable, goodwill, and other real

and personal property, both tangible and intangible, in which

there is an interest reserved, withdrawn, appropriated, owned,

administered or otherwise held or validly claimed for the Alaska

Railroad by the United States or any agency or instrumentality

thereof as of January 14, 1983, but excluding any such properties

disposed of, and including any such properties acquired, in the

ordinary course of business after that date but before the date

of transfer, and also including the exclusive-use easement within

the Denali National Park and Preserve conveyed to the State

pursuant to this chapter and also excluding the following:

(A) the unexercised reservation to the United States for

future rights-of-way required in all patents for land taken up,

entered, or located in Alaska, as provided by the Act of March

12, 1914 (43 U.S.C. 975 et seq.);

(B) the right of the United States to exercise the power of

eminent domain;

(C) any moneys in the Alaska Railroad Revolving Fund which

the Secretary demonstrates, in consultation with the State, are

unobligated funds appropriated from general tax revenues or are

needed to satisfy obligations incurred by the United States in

connection with the operation of the Alaska Railroad which

would have been paid from such Fund but for this chapter and

which are not assumed by the State pursuant to this chapter;

(D) any personal property which the Secretary demonstrates,

in consultation with the State, prior to the date of transfer

under section 1203 of this title, to be necessary to carry out

functions of the United States after the date of transfer; and

(E) any lands or interest therein (except as specified in

this chapter) within the boundaries of the Denali National Park

and Preserve;

(11) "right-of-way" means, except as used in section 1208 of

this title -

(A) an area extending not less than one hundred feet on both

sides of the center line of any main line or branch line of the

Alaska Railroad; or

(B) an area extending on both sides of the center line of any

main line or branch line of the Alaska Railroad appropriated or

retained by or for the Alaska Railroad that, as a result of

military jurisdiction over, or non-Federal ownership of, lands

abutting the main line or branch line, is of a width less than

that described in subparagraph (A) of this paragraph;

(12) "Secretary" means the Secretary of Transportation;

(13) "State" means the State of Alaska or the State-owned

railroad, as the context requires;

(14) "State-owned railroad" means the authority, agency,

corporation or other entity which the State of Alaska designates

or contracts with to own, operate or manage the rail properties

of the Alaska Railroad or, as the context requires, the railroad

owned, operated, or managed by such authority, agency,

corporation, or other entity; and

(15) "Village Corporation" has the same meaning as such term

has under section 3(j) of the Alaska Native Claims Settlement Act

(43 U.S.C. 1602(j)).

-SOURCE-

(Pub. L. 97-468, title VI, Sec. 603, Jan. 14, 1983, 96 Stat. 2556.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 12, 1914 (43 U.S.C. 975 et seq.) (popularly referred

to as the "Alaska Railroad Act"), referred to in pars. (1) and

(10)(A), is act Mar. 12, 1914, ch. 37, 38 Stat. 305, as amended,

which enacted section 353a of Title 16, Conservation, and sections

975 to 975g of Title 43, Public Lands, and which was repealed by

section 615(a)(1) of Pub. L. 97-468 effective on the date of

transfer of Alaska Railroad to the State [Jan. 5, 1985], pursuant

to section 1203 of this title.

Section 6(i) of the Department of Transportation Act, referred to

in par. (1), is section 6(i) of Pub. L. 89-670, which was

classified to section 1655(i) of former Title 49, Transportation,

prior to repeal by Pub. L. 97-468, title VI, Sec. 615(a)(4), Jan.

14, 1983, 96 Stat. 2578.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1204, 1208 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

45 USC Sec. 1203 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-

Sec. 1203. Transfer authorization

-STATUTE-

(a) Authority of Secretary; time, manner, etc., of transfer

Subject to the provisions of this chapter, the United States,

through the Secretary, shall transfer all rail properties of the

Alaska Railroad to the State. Such transfer shall occur as soon as

practicable after the Secretary has made the certifications

required by subsection (d) of this section and shall be

accomplished in the manner specified in subsection (b) of this

section.

(b) Simultaneous and interim transfers, conveyances, etc.

(1) On the date of transfer, the Secretary shall simultaneously:

(A) deliver to the State a bill of sale conveying title to all

rail properties of the Alaska Railroad except any interest in

real property;

(B) deliver to the State an interim conveyance of the rail

properties of the Alaska Railroad that are not conveyed pursuant

to subparagraph (A) of this paragraph and are not subject to

unresolved claims of valid existing rights;

(C) deliver to the State an exclusive license granting the

State the right to use all rail properties of the Alaska Railroad

not conveyed pursuant to subparagraphs (A) or (B) of this

paragraph pending conveyances in accordance with the review and

settlement or final administrative adjudication of claims of

valid existing rights;

(D) convey to the State a deed granting the State (i) an

exclusive-use easement for that portion of the right-of-way of

the Alaska Railroad within the Denali National Park and Preserve

extending not less than one hundred feet on either side of the

main or branch line tracks, and eight feet on either side of the

centerline of the "Y" track connecting the main line of the

railroad to the power station at McKinley Park Station and (ii)

title to railroad-related improvements within such right-of-way.

Prior to taking the action specified in subparagraphs (A) through

(D) of this paragraph, the Secretary shall consult with the

Secretary of the Interior. The exclusive-use easement granted

pursuant to subparagraph (D) of this paragraph and all rights

afforded by such easement shall be exercised only for railroad

purposes, and for such other transportation, transmission, or

communication purposes for which lands subject to such easement

were utilized as of January 14, 1983. In the event of reversion to

the United States, pursuant to section 1209 of this title, of the

State's interests in all or part of the lands subject to such

easement, such easement shall terminate with respect to the lands

subject to such reversion, and no new exclusive-use easement with

respect to such reverted lands shall be granted except by Act of

Congress.

(2) The Secretary shall deliver to the State an interim

conveyance of rail properties of the Alaska Railroad described in

paragraph (1)(C) of this subsection that become available for

conveyance to the State after the date of transfer as a result of

settlement, relinquishment, or final administrative adjudication

pursuant to section 1205 of this title. Where the rail properties

to be conveyed pursuant to this paragraph are surveyed at the time

they become available for conveyance to the State, the Secretary

shall deliver a patent therefor in lieu of an interim conveyance.

(3) The force and effect of an interim conveyance made pursuant

to paragraphs (1)(B) or (2) of this subsection shall be to convey

to and vest in the State exactly the same right, title, and

interest in and to the rail properties identified therein as the

State would have received had it been issued a patent by the United

States. The Secretary of the Interior shall survey the land

conveyed by an interim conveyance to the State pursuant to

paragraphs (1)(B) or (2) of this subsection and, upon completion of

the survey, the Secretary shall issue a patent therefor.

(4) The license granted pursuant to paragraph (1)(C) of this

subsection shall authorize the State to use, occupy, and directly

receive all benefits of the rail properties described in the

license for the operation of the State-owned railroad in conformity

with the Memorandum of Understanding referred to in section

1205(b)(3) of this title. The license shall be exclusive, subject

only to valid leases, permits, and other instruments issued before

the date of transfer and easements reserved pursuant to subsection

(c)(2) of this section. With respect to any parcel conveyed

pursuant to this chapter, the license shall terminate upon

conveyance of such parcel.

(c) Reservations to United States in interim conveyances and

patents

(1) Interim conveyances and patents issued to the State pursuant

to subsection (b) of this section shall confirm, convey and vest in

the State all reservations to the United States (whether or not

expressed in a particular patent or document of title), except the

unexercised reservations to the United States for future

rights-of-way made or required by the first section of the Act of

March 12, 1914 (43 U.S.C. 975d). The conveyance to the State of

such reservations shall not be affected by the repeal of such Act

under section 615 of this title.(!1)

(2) In the license granted under subsection (b)(1)(C) of this

section and in all conveyances made to the State under this

chapter, there shall be reserved to the Secretary of the Interior,

the Secretary of Defense and the Secretary of Agriculture, as

appropriate, existing easements for administration (including

agency transportation and utility purposes) that are identified in

the report required by section 1204(a) of this title. The

appropriate Secretary may obtain, only after consent of the State,

such future easements as are necessary for administration. Existing

and future easements and use of such easements shall not interfere

with operations and support functions of the State-owned railroad.

(3) There shall be reserved to the Secretary of the Interior the

right to use and occupy, without compensation, five thousand square

feet of land at Talkeetna, Alaska, as described in ARR lease

numbered 69-25-0003-5165 for National Park Service administrative

activities, so long as the use or occupation does not interfere

with the operation of the State-owned railroad. This reservation

shall be effective on the date of transfer under this section or

the expiration date of such lease, whichever is later.

(d) Certifications by Secretary; scope, subject matter, etc.

(1) Prior to the date of transfer, the Secretary shall certify

that the State has agreed to operate the railroad as a rail carrier

in intrastate and interstate commerce.

(2)(A) Prior to the date of transfer, the Secretary shall also

certify that the State has agreed to assume all rights,

liabilities, and obligations of the Alaska Railroad on the date of

transfer, including leases, permits, licenses, contracts,

agreements, claims, tariffs, accounts receivable, and accounts

payable, except as otherwise provided by this chapter.

(B) Notwithstanding the provisions of subparagraph (A) of this

paragraph, the United States shall be solely responsible for -

(i) all claims and causes of action against the Alaska Railroad

that accrue on or before the date of transfer, regardless of the

date on which legal proceedings asserting such claims were or may

be filed, except that the United States shall, in the case of any

tort claim, only be responsible for any such claim against the

United States that accrues before the date of transfer and

results in an award, compromise, or settlement of more than

$2,500, and the United States shall not compromise or settle any

claim resulting in State liability without the consent of the

State, which consent shall not be unreasonably withheld; and

(ii) all claims that resulted in a judgment or award against

the Alaska Railroad before the date of transfer.

(C) For purposes of subparagraph (B) of this paragraph, the term

"accrue" shall have the meaning contained in section 2401 of title

28.

(3)(A) Prior to the date of transfer, the Secretary shall also

certify that the State-owned railroad has established arrangements

pursuant to section 1206 of this title to protect the employment

interests of employees of the Alaska Railroad during the two-year

period commencing on the date of transfer. These arrangements shall

include provisions -

(i) which ensure that the State-owned railroad will adopt

collective bargaining agreements in accordance with the

provisions of subparagraph (B) of this paragraph;

(ii) for the retention of all employees, other than officers of

the Alaska Railroad, who elect to transfer to the State-owned

railroad in their same positions for the two-year period

commencing on the date of transfer, except in cases of

reassignment, separation for cause, resignation, retirement, or

lack of work;

(iii) for the payment of compensation to transferred employees

(other than employees provided for in subparagraph (E) of this

paragraph), except in cases of separation for cause, resignation,

retirement, or lack of work, for two years commencing on the date

of transfer at or above the base salary levels in effect for such

employees on the date of transfer, unless the parties otherwise

agree during that two-year period;

(iv) for priority of reemployment at the State-owned railroad

during the two-year period commencing on the date of transfer for

transferred employees who are separated for lack of work, in

accordance with subparagraph (C) of this paragraph (except for

officers of the Alaska Railroad, who shall receive such priority

for one year following the date of transfer);

(v) for credit during the two-year period commencing on the

date of transfer for accrued annual and sick leave, seniority

rights, and relocation and turnaround travel allowances which

have been accrued during their period of Federal employment by

transfered (!2) employees retained by the State-owned railroad

(except for officers of the Alaska Railroad, who shall receive

such credit for one year following the date of transfer);

(vi) for payment to transferred employees retained by the

State-owned railroad during the two-year period commencing on the

date of transfer, including for one year officers retained or

separated under subparagraph (E) of this paragraph, of an amount

equivalent to the cost-of-living allowance to which they are

entitled as Federal employees on the day before the date of

transfer, in accordance with the provisions of subparagraph (D)

of this paragraph; and

(vii) for health and life insurance programs for transferred

employees retained by the State-owned railroad during the

two-year period commencing on the date of transfer, substantially

equivalent to the Federal health and life insurance programs

available to employees on the day before the date of transfer

(except for officers of the Alaska Railroad, who shall receive

such credit for one year following the date of transfer).

(B) The State-owned railroad shall adopt all collective

bargaining agreements which are in effect on the date of transfer.

Such agreements shall continue in effect for the two-year period

commencing on the date of transfer, unless the parties agree to the

contrary before the expiration of that two-year period. Such

agreements shall be renegotiated during the two-year period, unless

the parties agree to the contrary. Any labor-management negotiation

impasse declared before the date of transfer shall be settled in

accordance with chapter 71 of title 5. Any impasse declared after

the date of transfer shall be subject to applicable State law.

(C) Federal service shall be included in the computation of

seniority for transferred employees with priority for reemployment,

as provided in subparagraph (A)(iv) of this paragraph.

(D) Payment to transferred employees pursuant to subparagraph

(A)(vi) of this paragraph shall not exceed the percentage of any

transferred employee's base salary level provided by the United

States as a cost-of-living allowance on the day before the date of

transfer, unless the parties agree to the contrary.

(E) Prior to the date of transfer, the Secretary shall also

certify that the State-owned railroad has agreed to the retention,

for at least one year from the date of transfer, of the offices of

the Alaska Railroad, except in cases of separation for cause,

resignation, retirement, or lack of work, at or above their base

salaries in effect on the date of transfer, in such positions as

the State-owned railroad may determine; or to the payment of

lump-sum severance pay in an amount equal to such base salary for

one year to officers not retained by the State-owned railroad upon

transfer or, for officers separated within one year on or after the

date of transfer, of a portion of such lump-sum severance payment

(diminished pro rata for employment by the State-owned railroad

within one year of the date of transfer prior to separation).

(4) Prior to the date of transfer, the Secretary shall also

certify that the State has agreed to allow representatives of the

Secretary adequate access to employees and records of the Alaska

Railroad when needed for the performance of functions related to

the period of Federal ownership.

(5) Prior to the date of transfer, the Secretary shall also

certify that the State has agreed to compensate the United States

at the value, if any, determined pursuant to section 1204(d) of

this title.

-SOURCE-

(Pub. L. 97-468, title VI, Sec. 604, Jan. 14, 1983, 96 Stat. 2559.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 12, 1914, and such Act, referred to in subsec.

(c)(1), is act Mar. 12, 1914, ch. 37, 38 Stat. 305, as amended,

popularly known as the Alaska Railroad Act, which enacted section

353a of Title 16, Conservation, and sections 975 to 975g of Title

43, Public Lands, and which was repealed by section 615(a)(1) of

Pub. L. 97-468 effective on the date of transfer of Alaska Railroad

to the State [Jan. 5, 1985], pursuant to this section.

Section 615 of this title, referred to in subsec. (c)(1), means

section 615 of title VI of Pub. L. 97-468, Jan. 14, 1983, 96 Stat.

2577. Title VI of Pub. L. 97-468 is known as the Alaska Railroad

Transfer Act of 1982 and is classified principally to this chapter.

Under section 615, the repeal is effective on the date of transfer

to the State of Alaska (pursuant to section 1203 of this title) or

other disposition (pursuant to section 1210 of this title),

whichever first occurs.

-TRANS-

TRANSFER OF ALASKA RAILROAD TO STATE OF ALASKA

The State of Alaska accepted the certification requirements of

the Alaska Railroad Transfer Act [this chapter] by 1984 SLA ch. 54,

eff. May 19, 1984. Thereafter, by 1984 SLA ch. 153, eff. July 6,

1984, the Alaska Railroad Corporation was established to manage and

operate the Alaska Railroad. The transfer of the Alaska Railroad to

the State of Alaska was carried out on January 5, 1985.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1202, 1204, 1205, 1206,

1207, 1209, 1210, 1211 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original.

-End-

-CITE-

45 USC Sec. 1204 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-

Sec. 1204. Transition period

-STATUTE-

(a) Joint report by Secretary and Governor of Alaska; contents,

preparation, etc.

Within 6 months after January 14, 1983, the Secretary and the

Governor of Alaska shall jointly prepare and deliver to the

Congress of the United States and the legislature of the State a

report that describes to the extent possible the rail properties of

the Alaska Railroad, the liabilities and obligations to be assumed

by the State, the sum of money, if any, in the Alaska Railroad

Revolving Fund to be withheld from the State pursuant to section

1202(10)(C) (!1) of this title, and any personal property to be

withheld pursuant to section 1202(10)(D) (!1) of this title. The

report shall separately identify by the best available descriptions

(1) the rail properties of the Alaska Railroad to be transferred

pursuant to section 1203(b)(1)(A), (B), and (D) of this title; (2)

the rail properties to be subject to the license granted pursuant

to section 1203(b)(1)(C) of this title; and (3) the easements to be

reserved pursuant to section 1203(c)(2) of this title. The

Secretaries of Agriculture, Defense, and the Interior and the

Administrator of the General Services Administration shall provide

the Secretary with all information and assistance necessary to

allow the Secretary to complete the report within the time

required.

(b) Inspection, etc., of rail properties and records; terms and

conditions; restrictions

During the period from January 14, 1983, until the date of

transfer, the State shall have the right to inspect, analyze,

photograph, photocopy and otherwise evaluate all of the rail

properties of the Alaska Railroad and all records related to the

rail properties of the Alaska Railroad maintained by any agency of

the United States under conditions established by the Secretary to

protect the confidentiality of proprietary business data, personnel

records, and other information, the public disclosure of which is

prohibited by law. During that period, the Secretary and the Alaska

Railroad shall not, without the consent of the State and only in

conformity with applicable law and the Memorandum of Understanding

referred to in section 1205(b)(3) of this title -

(1) make or incur any obligation to make any individual capital

expenditure of money from the Alaska Railroad Revolving Fund in

excess of $300,000;

(2) (except as required by law) sell, exchange, give, or

otherwise transfer any real property included in the rail

properties of the Alaska Railroad; or

(3) lease any rail property of the Alaska Railroad for a term

in excess of five years.

(c) Format for accounting practices and systems

Prior to transfer of the rail properties of the Alaska Railroad

to the State, the Alaska Railroad's accounting practices and

systems shall be capable of reporting data to the Interstate

Commerce Commission in formats required of comparable rail carriers

subject to the jurisdiction of the Interstate Commerce Commission.

(d) Fair market value; determination, terms and conditions, etc.

(1) Within nine months after January 14, 1983, the United States

Railway Association (hereinafter in this section referred to as the

"Association") shall determine the fair market value of the Alaska

Railroad under the terms and conditions of this chapter, applying

such procedures, methods and standards as are generally accepted as

normal and common practice. Such determination shall include an

appraisal of the real and personal property to be transferred to

the State pursuant to this chapter. Such appraisal by the

Association shall be conducted in the usual manner in accordance

with generally accepted industry standards, and shall consider the

current fair market value and potential future value if used in

whole or in part for other purposes. The Association shall take

into account all obligations imposed by this chapter and other

applicable law upon operation and ownership of the State-owned

railroad. In making such determination, the Association shall use

to the maximum extent practicable all relevant data and

information, including, if relevant, that contained in the report

prepared pursuant to subsection (a) of this section.

(2) The determination made pursuant to paragraph (1) of this

subsection shall not be construed to affect, enlarge, modify, or

diminish any inventory, valuation, or classification required by

the Interstate Commerce Commission pursuant to subchapter V (!2) of

chapter 107 of title 49.

-SOURCE-

(Pub. L. 97-468, title VI, Sec. 605(a)-(d), Jan. 14, 1983, 96 Stat.

2562, 2563.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter V of chapter 107 of title 49, referred to in subsec.

(d)(2), was omitted in the general amendment of subtitle IV of

Title 49, Transportation, by Pub. L. 104-88, title I, Sec. 102(a),

Dec. 29, 1995, 109 Stat. 804.

-COD-

CODIFICATION

In subsec. (a), references to section 1202(10)(C) and (D) of this

title were in the original references to section 603(8)(C) and (D)

of title VI of Pub. L. 97-468, and were editorially translated as

section 1202(10)(C) and (D), as the probable intent of Congress, in

view of section 1202(8) containing no subpars. (C) and (D) and the

subject matter of section 1202(10)(C), which relates to money in

the Alaska Railroad Revolving Fund being withheld from the State,

and section 1202(10)(D), which relates to personal property being

withheld.

Section is comprised of subsecs. (a) to (d) of section 605 of

Pub. L. 97-468. Subsec. (e) of section 605 of Pub. L. 97-468

amended section 712 of this title.

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.

ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF

FUNCTIONS AND SECURITIES

See section 1341 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 712, 1203, 1205, 1210,

1212 of this title.

-FOOTNOTE-

(!1) See Codification note below.

(!2) See References in Text note below.

-End-

-CITE-

45 USC Sec. 1205 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-

Sec. 1205. Lands to be transferred

-STATUTE-

(a) Availability of lands among rail properties

Lands among the rail properties of the Alaska Railroad shall not

be -

(1) available for selection under section 12 of the Act of

January 2, 1976, as amended (43 U.S.C. 1611, note), subject to

the exception contained in section 12(b)(8)(i)(D) of such Act, as

amended by subsection (d)(5) of this section;

(2) available for conveyance under section 1425 of the Alaska

National Interest Lands Conservation Act (Public Law 96-487; 94

Stat. 2515);

(3) available for conveyance to Chugach Natives, Inc., under

sections 1429 or 1430 of the Alaska National Interest Lands

Conservation Act (Public Law 96-487; 94 Stat. 2531) or under

sections 12(c) or 14(h)(8) of the Alaska Native Claims Settlement

Act (43 U.S.C. 1611(c) and 1613(h)(8), respectively); or

(4) available under any law or regulation for entry, location,

or for exchange by the United States, or for the initiation of a

claim or selection by any party other than the State or other

transferee under this chapter, except that this paragraph shall

not prevent a conveyance pursuant to section 12(b)(8)(i)(D) of

the Act of January 2, 1976 (43 U.S.C. 1611, note), as amended by

subsection (d)(5) of this section.

(b) Review and settlement of claims; administrative adjudication;

management of lands; procedures applicable

(1)(A) During the ten months following January 14, 1983, so far

as practicable consistent with the priority of preparing the report

required pursuant to section 1204(a) of this title, the Secretary

of the Interior, Village Corporations with claims of valid existing

rights, and the State shall review and make a good faith effort to

settle as many of the claims as possible. Any agreement to settle

such claims shall take effect and bind the United States, the

State, and the Village Corporation only as of the date of transfer

of the railroad.

(B) At the conclusion of the review and settlement process

provided in subparagraph (A) of this paragraph, the Secretary of

the Interior shall prepare a report identifying lands to be

conveyed in accordance with settlement agreements under this

chapter or applicable law. Such settlement shall not give rise to a

presumption as to whether a parcel of land subject to such

agreement is or is not public land.

(2) The Secretary of the Interior shall have the continuing

jurisdiction and duty to adjudicate unresolved claims of valid

existing rights pursuant to applicable law and this chapter. The

Secretary of the Interior shall complete the final administrative

adjudication required under this subsection not later than three

years after January 14, 1983, and shall complete the survey of all

lands to be conveyed under this chapter not later than five years

after January 14, 1983, and after consulting with the Governor of

the State of Alaska to determine priority of survey with regard to

other lands being processed for patent to the State. The Secretary

of the Interior shall give priority to the adjudication of Village

Corporation claims as required in this section. Upon completion of

the review and settlement process required by paragraph (1)(A) of

this subsection, with respect to lands not subject to an agreement

under such paragraph, the Secretary of the Interior shall

adjudicate which lands subject to claims of valid existing rights

filed by Village Corporations, if any, are public lands and shall

complete such final administrative adjudication within two years

after January 14, 1983.

(3) Pending settlement or final administrative adjudication of

claims of valid existing rights filed by Village Corporations prior

to the date of transfer or while subject to the license granted to

the State pursuant to section 1203(b)(1)(C) of this title, lands

subject to such claims shall be managed in accordance with the

Memorandum of Understanding among the Federal Railroad

Administration, the State, Eklutna, Incorporated, Cook Inlet

Region, Incorporated (as that term is used in section 12 of the Act

of January 2, 1976 (Public Law 94-204; 89 Stat. 1150)), and

Toghotthele Corporation, executed by authorized officers or

representatives of each of these entities. Duplicate originals of

the Memorandum of Understanding shall be maintained and made

available for public inspection and copying in the Office of the

Secretary, at Washington, District of Columbia, and in the Office

of the Governor of the State of Alaska, at Juneau, Alaska.

(4) The following procedures and requirements are established to

promote finality of administrative adjudication of claims of valid

existing rights filed by Village Corporations, to clarify and

simplify the title status of lands subject to such claims, and to

avoid potential impairment of railroad operations resulting from

joint or divided ownership in substantial segments of right-of-way:

(A)(i) Prior to final administrative adjudication of Village

Corporation claims of valid existing rights in land subject to

the license granted under section 1203(b)(1)(C) of this title,

the Secretary of the Interior may, notwithstanding any other

provision of law, accept relinquishment of so much of such claims

as involved lands within the right-of-way through execution of an

agreement with the appropriate Village Corporation effective on

or after the date of transfer. Upon such relinquishment, the

interest of the United States in the right-of-way shall be

conveyed to the State pursuant to section 1203(b)(1)(B) or (2) of

this title.

(ii) With respect to a claim described in clause (i) of this

subparagraph that is not settled or relinquished prior to final

administrative adjudication, the Congress finds that exclusive

control over the right-of-way by the Alaska Railroad has been and

continues to be necessary to afford sufficient protection for

safe and economic operation of the railroad. Upon failure of the

interested Village Corporation to relinquish so much of its

claims as involve lands within the right-of-way prior to final

adjudication of valid existing rights, the Secretary shall convey

to the State pursuant to section 1203(b)(1)(B) or (2) of this

title all right, title and interest of the United States in and

to the right-of-way free and clear of such Village Corporation's

claim to and interest in lands within such right-of-way.

(B) Where lands within the right-of-way, or any interest in

such lands, have been conveyed from Federal ownership prior to

January 14, 1983, or is subject to a claim of valid existing

rights by a party other than a Village Corporation, the

conveyance to the State of the Federal interest in such

properties pursuant to section 1203(b)(1)(B) or (2) of this title

shall grant not less than an exclusive-use easement in such

properties. The foregoing requirements shall not be construed to

permit the conveyance to the State of less than the entire

Federal interest in the rail properties of the Alaska Railroad

required to be conveyed by section 1203(b) of this title. If an

action is commenced against the State or the United States

contesting the validity or existence of a reservation of

right-of-way for the use or benefit of the Alaska Railroad made

prior to January 14, 1983, the Secretary of the Interior, through

the Attorney General, shall appear in and defend such action.

(c) Judicial review; remedies available; standing of State

(1) The final administrative adjudication pursuant to subsection

(b) of this section shall be final agency action and subject to

judicial review only by an action brought in the United States

District Court for the District of Alaska.

(2) No administrative or judicial action under this chapter shall

enjoin or otherwise delay the transfer of the Alaska Railroad

pursuant to this chapter, or substantially impair or impede the

operations of the Alaska Railroad or the State-owned railroad.

(3) Before the date of transfer, the State shall have standing to

participate in any administrative determination or judicial review

pursuant to this chapter. If transfer to the State does not occur

pursuant to section 1203 of this title, the State shall not

thereafter have standing to participate in any such determination

or review.

(d) Omitted

(e) Liability of State for damage to land while used under license

The State shall be liable to a party receiving a conveyance of

land among the rail properties of the Alaska Railroad subject to

the license granted pursuant to section 1203(b)(1)(C) of this title

for damage resulting from use by the State of the land under such

license in a manner not authorized by such license.

-SOURCE-

(Pub. L. 97-468, title VI, Sec. 606(a)-(c), (e), Jan. 14, 1983, 96

Stat. 2564-2566, 2571; Pub. L. 98-620, title IV, Sec. 402(52), Nov.

8, 1984, 98 Stat. 3361.)

-REFTEXT-

REFERENCES IN TEXT

Section 12 of the Act of January 2, 1976, as amended, referred to

in subsecs. (a)(1), (4) and (b)(3), is section 12 of Pub. L.

94-204, Jan. 2, 1976, 89 Stat. 1150, as amended, which is set out

as a note under section 1611 of Title 43, Public Lands. Section

12(b)(8)(i)(D) of such Act as amended by subsection (d)(5) of this

section is the amendment of subsection (b)(8)(i)(D) of section 12

of Pub. L. 94-204 by section 606(d)(5) of Pub. L. 97-468, title VI,

Jan. 14, 1983, 96 Stat. 2566.

The Alaska National Interest Lands Conservation Act, referred to

in subsecs. (a)(2) and (c), is Pub. L. 96-497, Dec. 2, 1980, 94

Stat. 2371, as amended. Sections 1425, 1429, and 1430 of the Act

(94 Stat. 2515, 2531) were not classified to the Code. For complete

classification of this Act to the Code, see Short Title note set

out under section 3101 of Title 16, Conservation, and Tables.

-COD-

CODIFICATION

Section is comprised of subsecs. (a)-(c) and (e) of section 606

of Pub. L. 97-468. Subsec. (d) of section 606 of Pub. L. 97-468

amended section 12 of Pub. L. 94-204, which is set out as a note

under section 1611 of Title 43, Public Lands.

-MISC1-

AMENDMENTS

1984 - Subsec. (c)(1). Pub. L. 98-620 struck out provision that

required review of agency action pursuant to this chapter to be

expedited to same extent as expedited review provided by section

1108 of the Alaska National Interest Lands Conservation Act (16

U.S.C. 3168).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note

under section 1657 of Title 28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1203, 1204 of this title.

-End-

-CITE-

45 USC Sec. 1206 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-

Sec. 1206. Employees of Alaska Railroad

-STATUTE-

(a) Coverage under Federal civil service retirement laws; election,

funding, nature of benefits, etc., for employees transferring to

State-owned railroad; voluntary separation incentives

(1) Any employees who elect to transfer to the State-owned

railroad and who on the day before the date of transfer are subject

to the civil service retirement law (subchapter III of chapter 83

of title 5) shall, so long as continually employed by the

State-owned railroad without a break in service, continue to be

subject to such law, except that the State-owned railroad shall

have the option of providing benefits in accordance with the

provisions of paragraph (2) of this subsection. Employment by the

State-owned railroad without a break in continuity of service shall

be considered to be employment by the United States Government for

purposes of subchapter III of chapter 83 of title 5. The

State-owned railroad shall be the employing agency for purposes of

section 8334(a) of title 5 and shall contribute to the Civil

Service Retirement and Disability Fund a sum as provided by such

section, except that such sum shall be determined by applying to

the total basic pay (as defined in section 8331(3) of title 5) paid

to the employees of the State-owned railroad who are covered by the

civil service retirement law, the per centum rate determined

annually by the Director of the Office of Personnel Management to

be the excess of the total normal cost per centum rate of the civil

service retirement system over the employee deduction rate

specified in section 8334(a) of title 5. The State-owned railroad

shall pay into the Federal Civil Service Retirement and Disability

Fund that portion of the cost of administration of such Fund which

is demonstrated by the Director of the Office of Personnel

Management to be attributable to its employees.

(2) At any time during the two-year period commencing on the date

of transfer, the State-owned railroad shall have the option of

providing to transferred employees retirement benefits, reflecting

prior Federal service, in or substantially equivalent to benefits

under the retirement program maintained by the State for State

employees. If the State decides to provide benefits under this

paragraph, the State shall provide such benefits to all transferred

employees, except those employees who will meet the age and service

requirements for retirement under section 8336(a), (b), (c) or (f)

of title 5 within five years after the date of transfer and who

elect to remain participants in the Federal retirement program.

(3) If the State provides benefits under paragraph (2) of this

subsection -

(A) the provisions of paragraph (1) of this subsection

regarding payments into the Civil Service Retirement and

Disability Fund for those employees who are transferred to the

State program shall have no further force and effect (other than

for employees who will meet the age and service requirements for

retirement under section 8336(a), (b), (c) or (f) of title 5

within five years after the date of transfer and who elect to

remain participants in the Federal retirement program); and

(B) all of the accrued employee and employer contributions and

accrued interest on such contributions made by and on behalf of

the transferred employees during their prior Federal service

(other than amounts for employees who will meet the age and

service requirements for retirement under section 8336(a), (b),

(c) or (f) of title 5 within five years after the date of

transfer and who elect to remain participants in the Federal

retirement program) shall be withdrawn from the Federal Civil

Service Retirement and Disability Fund and shall be paid into the

retirement fund utilized by the State-owned railroad for the

transferred employees, in accordance with the provisions of

paragraph (2) of this subsection. Upon such payment, credit for

prior Federal service under the Federal civil service retirement

system shall be forever barred, notwithstanding the provisions of

section 8334 of title 5.

(4)(A) The State-owned railroad shall be included in the

definition of "agency" for purposes of section 3(a), (b), (c), and

(e) of the Federal Workforce Restructuring Act of 1994 and may

elect to participate in the voluntary separation incentive program

established under such Act. Any employee of the State-owned

railroad who meets the qualifications as described under the first

sentence of paragraph (1) shall be deemed an employee under such

Act.

(B) An employee who has received a voluntary separation incentive

payment under this paragraph and accepts employment with the

State-owned railroad within 5 years after the date of separation on

which payment of the incentive is based shall be required to repay

the entire amount of the incentive payment unless the head of the

State-owned railroad determines that the individual involved

possesses unique abilities and is the only qualified applicant

available for the position.

(b) Coverage for employees not transferring to State-owned railroad

Employees of the Alaska Railroad who do not transfer to the

State-owned railroad shall be entitled to all of the rights and

benefits available to them under Federal law for discontinued

employees.

(c) Rights and benefits of transferred employees whose employment

with State-owned railroad is terminated

Transferred employees whose employment with the State-owned

railroad is terminated during the two-year period commencing on the

date of transfer shall be entitled to all of the rights and

benefits of discontinued employees that such employees would have

had under Federal law if their termination had occurred immediately

before the date of the transfer, except that financial compensation

paid to officers of the Alaska Railroad shall be limited to that

compensation provided pursuant to section 1203(d)(3)(E) of this

title. Such employees shall also be entitled to seniority and other

benefits accrued under Federal law while they were employed by the

State-owned railroad on the same basis as if such employment had

been Federal service.

(d) Lump-sum payment for unused annual leave for employees

transferring to State-owned railroad

Any employee who transfers to the State-owned railroad under this

chapter shall not be entitled to lump-sum payment for unused annual

leave under section 5551 of title 5, but shall be credited by the

State with the unused annual leave balance at the time of transfer.

(e) Continued coverage for certain employees and annuitants in

Federal health benefits plans and life insurance plans

(1) Any person described under the provisions of paragraph (2)

may elect life insurance coverage under chapter 87 of title 5 and

enroll in a health benefits plan under chapter 89 of title 5 in

accordance with the provisions of this subsection.

(2) The provisions of paragraph (1) shall apply to any person who

-

(A) on March 30, 1994, is an employee of the State-owned

railroad;

(B) has 20 years or more of service (in the civil service as a

Federal employee or as an employee of the State-owned railroad,

combined) on the date of retirement from the State-owned

railroad; and

(C)(i) was covered under a life insurance policy pursuant to

chapter 87 of title 5 on January 4, 1985, for the purpose of

electing life insurance coverage under the provisions of

paragraph (1); or

(ii) was enrolled in a health benefits plan pursuant to chapter

89 of title 5 on January 4, 1985, for the purpose of enrolling in

a health benefits plan under the provisions of paragraph (1).

(3) For purposes of this section, any person described under the

provisions of paragraph (2) shall be deemed to have been covered

under a life insurance policy under chapter 87 of title 5 and to

have been enrolled in a health benefits plan under chapter 89 of

title 5 during the period beginning on January 5, 1985, through the

date of retirement of any such person.

(4) The provisions of paragraph (1) shall not apply to any person

described under paragraph (2) until the date such person retires

from the State-owned railroad.

-SOURCE-

(Pub. L. 97-468, title VI, Sec. 607, Jan. 14, 1983, 96 Stat. 2571;

Pub. L. 100-238, title I, Sec. 136(a), Jan. 8, 1988, 101 Stat.

1766; Pub. L. 103-226, Sec. 10, Mar. 30, 1994, 108 Stat. 122.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Workforce Restructuring Act of 1994, referred to in

subsec. (a)(4)(A), is Pub. L. 103-226, Mar. 30, 1994, 108 Stat.

111. Section 3 of the Act is set out as a note under section 5597

of Title 5, Government Organization and Employees. For complete

classification of this Act to the Code, see Short Title of 1994

Amendment note set out under section 2101 of Title 5 and Tables.

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(4). Pub. L. 103-226, Sec. 10(a), added par.

(4).

Subsec. (e). Pub. L. 103-226, Sec. 10(b), added subsec. (e) and

struck out former subsec. (e) which related to continued coverage

for certain employees and annuitants in Federal health benefits and

life insurance plans.

1988 - Subsec. (e). Pub. L. 100-238 added subsec. (e).

ADMINISTRATIVE PROVISION

Section 136(b) of Pub. L. 100-238 provided that: "Within 180 days

after the date of enactment of this section [Jan. 8, 1988], the

Director of the Office of Personnel Management shall notify any

person described under the provisions of section 607(e)(2)(A) of

such Act [45 U.S.C. 1206(e)(2)(A)], for the purpose of the election

of a life insurance policy or the enrollment in a health benefits

plan pursuant to the provisions of section 607(e)(1) of the Alaska

Railroad Transfer Act of 1982 [45 U.S.C. 1206(e)(1)] (as amended by

subsection (a) of this section)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1203 of this title.

-End-

-CITE-

45 USC Sec. 1207 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-

Sec. 1207. State operation

-STATUTE-

(a) Laws, authorities, etc., applicable to State-owned railroad

with status as rail carrier engaged in interstate and foreign

commerce

(1) After the date of transfer to the State pursuant to section

1203 of this title, the State-owned railroad shall be a rail

carrier engaged in interstate and foreign commerce subject to part

A of subtitle IV of title 49 and all other Acts applicable to rail

carriers subject to that chapter,(!1) including the antitrust laws

of the United States, except, so long as it is an instrumentality

of the State of Alaska, the Railroad Retirement Act of 1974 (45

U.S.C. 231 et seq.), the Railroad Retirement Tax Act (26 U.S.C.

3201 et seq.), the Railway Labor Act (45 U.S.C. 151 et seq.), the

Act of April 22, 1908 (45 U.S.C. 51 et seq.) (popularly referred to

as the "Federal Employers' Liability Act"), and the Railroad

Unemployment Insurance Act (45 U.S.C. 351 et seq.). Nothing in this

chapter shall preclude the State from explicitly invoking by law

any exemption from the antitrust laws as may otherwise be

available.

(2) The transfer to the State authorized by section 1203 of this

title and the conferral of jurisdiction to the Interstate Commerce

Commission pursuant to paragraph (1) of this subsection are

intended to confer upon the State-owned railroad all business

opportunities available to comparable railroads, including contract

rate agreements meeting the requirements of section 10713 (!2) of

title 49, notwithstanding any participation in such agreements by

connecting water carriers.

(3) All memoranda which sanction noncompliance with Federal

railroad safety regulations contained in 49 CFR Parts 209-236, and

which are in effect on the date of transfer, shall continue in

effect according to their terms as "waivers of compliance" (as that

term is used in section 20103(d) of title 49).

(4) The operation of trains by the State-owned railroad shall not

be subject to the requirement of any State or local law which

specifies the minimum number of crew members which must be employed

in connection with the operation of such trains.

(5) Revenues generated by the State-owned railroad shall be

retained and managed by the State-owned railroad for railroad and

related purposes.

(6)(A) After the date of transfer, continued operation of the

Alaska Railroad by a public corporation, authority or other agency

of the State shall be deemed to be an exercise of an essential

governmental function, and revenue derived from such operation

shall be deemed to accrue to the State for the purposes of section

115(a)(1) of title 26. Obligations issued by such entity shall also

be deemed obligations of the State for the purposes of section

103(a)(1) (!2) of title 26, but not obligations within the meaning

of section 103(b)(2) (!2) of title 26.

(B) Nothing in this chapter shall be deemed or construed to

affect customary tax treatment of private investment in the

equipment or other assets that are used or owned by the State-owned

railroad.

(b) Procedures for issuance of certificate of public convenience

and necessity; inventory, valuation, or classification of

property; additional laws, authorities, etc., applicable

As soon as practicable after January 14, 1983, the Interstate

Commerce Commission shall promulgate an expedited, modified

procedure for providing on the date of transfer a certificate of

public convenience and necessity to the State-owned railroad. No

inventory, valuation, or classification of property owned or used

by the State-owned railroad pursuant to subchapter V (!2) of

chapter 107 of title 49 shall be required during the two-year

period after the date of transfer. The provisions of the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and

section 382(b) of the Energy Policy and Conservation Act (42 U.S.C.

6362(b)) shall not apply to actions of the Commission under this

subsection.

(c) Eligibility for participation in Federal railroad assistance

programs

The State-owned railroad shall be eligible to participate in all

Federal railroad assistance programs on a basis equal to that of

other rail carriers subject to part A of subtitle IV of title 49.

(d) Laws and regulations applicable to national forest and park

lands; limitations on Federal actions

After the date of transfer to the State pursuant to section 1203

of this title, the portion of the rail properties within the

boundaries of the Chugach National Forest and the exclusive-use

easement within the boundaries of the Denali National Park and

Preserve shall be subject to laws and regulations for the

protection of forest and park values. The right to fence the

exclusive-use easement within Denali National Park and Preserve

shall be subject to the concurrence of the Secretary of the

Interior. The Secretary of the Interior, or the Secretary of

Agriculture where appropriate, shall not act pursuant to this

subsection without consulting with the Governor of the State of

Alaska or in such a manner as to unreasonably interfere with

continued or expanded operations and support functions authorized

under this chapter.

-SOURCE-

(Pub. L. 97-468, title VI, Sec. 608, Jan. 14, 1983, 96 Stat. 2573;

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.

104-88, title III, Sec. 326, Dec. 29, 1995, 109 Stat. 951.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws of the United States, referred to in subsec.

(a)(1), are classified generally to chapter 1 (Sec. 1 et seq.) of

Title 15, Commerce and Trade.

The Railroad Retirement Act of 1974, referred to in subsec.

(a)(1), is act Aug. 29, 1935, ch. 812, as amended generally by Pub.

L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which

is classified generally to subchapter IV (Sec. 231 et seq.) of

chapter 9 of this title. For further details and complete

classification of this Act to the Code, see Codification note set

out preceding section 231 of this title, section 231t of this

title, and Tables.

The Railroad Retirement Tax Act, referred to in subsec. (a)(1),

is act Aug. 16, 1954, ch. 736, Secs. 3201, 3202, 3211, 3212, 3221,

and 3231 to 3233, 68A Stat. 431, as amended, which is classified

generally to chapter 22 (Sec. 3201 et seq.) of Title 26, Internal

Revenue Code. For complete classification of this Act to the Code,

see section 3233 of Title 26 and Tables.

The Railway Labor Act, referred to in subsec. (a)(1), is act May

20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified

principally to chapter 8 (Sec. 151 et seq.) of this title. For

complete classification of this Act to the Code, see section 151 of

this title and Tables.

Act of April 22, 1908 (45 U.S.C. 51 et seq.) (popularly referred

to as the "Federal Employers' Liability Act"), referred to in

subsec. (a)(1), is act Apr. 22, 1908, ch. 149, 35 Stat. 65, as

amended, and is classified generally to chapter 2 (Sec. 51 et seq.)

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 51 of this title and

Tables.

The Railroad Unemployment Insurance Act, referred to in subsec.

(a)(1), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended,

which is classified principally to chapter 11 (Sec. 351 et seq.) of

this title. For complete classification of this Act to the Code,

see section 367 of this title and Tables.

Section 10713 of title 49, referred to in subsec. (a)(2), was

omitted in the general amendment of subtitle IV of Title 49,

Transportation, by Pub. L. 104-88, title I, Sec. 102(a), Dec. 29,

1995, 109 Stat. 804. Provisions similar to those in section 10713

are contained in section 10709 of Title 49.

Section 103, referred to in subsec. (a)(6)(A), which related to

interest on certain governmental obligations was amended generally

by Pub. L. 99-514, title XIII, Sec. 1301(a), Oct. 22, 1986, 100

Stat. 2602, and as so amended relates to interest on State and

local bonds. Section 103(b)(2), which prior to the general

amendment defined industrial development bond, relates to the

applicability of the interest exclusion to arbitrage bonds.

Subchapter V of chapter 107 of title 49, referred to in subsec.

(b), was omitted in the general amendment of subtitle IV of Title

49, Transportation, by Pub. L. 104-88, title I, Sec. 102(a), Dec.

29, 1995, 109 Stat. 804.

The National Environmental Policy Act of 1969, referred to in

subsec. (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

-COD-

CODIFICATION

In subsec. (a)(3), "section 20103(d) of title 49" substituted for

"section 202(c) of the Federal Railroad Safety Act of 1970 (45

U.S.C. 431(c))" on authority of Pub. L. 103-272, Sec. 6(b), July 5,

1994, 108 Stat. 1378, the first section of which enacted subtitles

II, III, and V to X of Title 49, Transportation.

-MISC1-

AMENDMENTS

1995 - Subsecs. (a)(1), (c). Pub. L. 104-88 substituted "part A"

for "the jurisdiction of the Interstate Commerce Commission under

chapter 105".

1986 - Subsec. (a)(6)(A). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954", which

for purposes of codification was translated as "title 26" thus

requiring no change in text.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.

-MISC2-

ALASKA RAILROAD

Pub. L. 105-178, title VII, Sec. 7204, June 9, 1998, 112 Stat.

477, provided that:

"(a) Grants. - The Secretary may make grants to the Alaska

Railroad for capital rehabilitation of and improvements to its

passenger services.

"(b) Authorization of Appropriations. - There is authorized to be

appropriated to carry out this section $5,250,000 for each of

fiscal years 1998 through 2003."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 149.

-FOOTNOTE-

(!1) So in original. Probably should be "that part,".

(!2) See References in Text note below.

-End-

-CITE-

45 USC Sec. 1208 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-

Sec. 1208. Future rights-of-way

-STATUTE-

(a) Access across Federal lands; application approval

After January 14, 1983, the State or State-owned railroad may

request the Secretary of the Interior or the Secretary of

Agriculture, as appropriate under law, to expeditiously approve an

application for a right-of-way in order that the Alaska Railroad or

State-owned railroad may have access across Federal lands for

transportation and related purposes. The State or State-owned

railroad may also apply for a lease, permit, or conveyance of any

necessary or convenient terminal and station grounds and material

sites in the vicinity of the right-of-way for which an application

has been submitted.

(b) Consultative requirements prior to approval of application;

conformance of rights-of-way, etc.

Before approving a right-of-way application described in

subsection (a) of this section, the Secretary of the Interior or

the Secretary of Agriculture, as appropriate, shall consult with

the Secretary. Approval of an application for a right-of-way,

permit, lease, or conveyance described in subsection (a) of this

section shall be pursuant to applicable law. Rights-of-way,

grounds, and sites granted pursuant to this section and other

applicable law shall conform, to the extent possible, to the

standards provided in the Act of March 12, 1914 (43 U.S.C. 975 et

seq.) and section 1202(6) of this title. Such conformance shall not

be affected by the repeal of such Act under section 615 of this

title.(!1)

(c) Reversion to United States

Reversion to the United States of any portion of any right-of-way

or exclusive-use easement granted to the State or State-owned

railroad shall occur only as provided in section 1209 of this

title. For purposes of such section, the date of the approval of

any such right-of-way shall be deemed the "date of transfer".

-SOURCE-

(Pub. L. 97-468, title VI, Sec. 609, Jan. 14, 1983, 96 Stat. 2574.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 12, 1914 (43 U.S.C. 975 et seq.), referred to in

subsec. (b), is act Mar. 12, 1914, ch. 37, 38 Stat. 305, as

amended, popularly known as the Alaska Railroad Act, which enacted

section 353a of Title 16, Conservation, and sections 975 to 975g of

Title 43, Public Lands, and which was repealed by section 615(a)(1)

of Pub. L. 97-468 effective on the date of transfer of Alaska

Railroad to the State [Jan. 5, 1985], pursuant to section 1203 of

this title.

Section 615 of this title, referred to in subsec. (b), means

section 615 of title VI of Pub. L. 97-468, Jan. 14, 1983, 96 Stat.

2577. Title VI of Pub. L. 97-468 is known as the Alaska Railroad

Transfer Act of 1982 and is classified principally to this chapter.

Under section 615, the repeal is effective on the date of transfer

to the State of Alaska (pursuant to section 1203 of this title) or

other disposition (pursuant to section 1210 of this title),

whichever first occurs.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1202, 1212 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

45 USC Sec. 1209 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-

Sec. 1209. Reversion

-STATUTE-

(a) Reversion or payment to Federal Government for conversion to

use preventing State-owned railroad from continuing to operate

If, within ten years after the date of transfer to the State

authorized by section 1203 of this title, the Secretary finds that

all or part of the real property transferred to the State under

this chapter, except that portion of real property which lies

within the boundaries of the Denali National Park and Preserve, is

converted to a use that would prevent the State-owned railroad from

continuing to operate, that real property (including permanent

improvements to the property) shall revert to the United States

Government, or (at the option of the State) the State shall pay to

the United States Government an amount determined to be the fair

market value of that property at the time its conversion prevents

continued operation of the railroad.

(b) Reversion upon discontinuance by State of use of any land

within right-of-way; criteria for discontinuance

If, after the date of transfer pursuant to section 1203 of this

title, the State discontinues use of any land within the

right-of-way, the State's interest in such land shall revert to the

United States. The State shall be considered to have discontinued

use within the meaning of this subsection and subsection (d) of

this section when:

(1) the Governor of the State of Alaska delivers to the

Secretary of the Interior a notice of such discontinuance,

including a legal description of the property subject to the

notice, and a quitclaim deed thereto; or

(2) the State has made no use of the land for a continuous

period of eighteen years for transportation, communication, or

transmission purposes. Notice of such discontinuance shall

promptly be published in the Federal Register by the Secretary,

the Secretary of the Interior, or the Secretary of Agriculture,

and reversion shall be effected one year after such notice,

unless within such one-year period the State brings an

appropriate action in the United States District Court for the

District of Alaska to establish that the use has been continuing

without an eighteen-year lapse. Any such action shall have the

effect of staying reversion until exhaustion of appellate review

from the final judgment in that action or termination of the

right to seek such review, whichever first occurs.

(c) Conveyances by United States subsequent to reversion

Upon such reversion pursuant to subsection (b) of this section,

the Secretary of the Interior shall immediately convey by patent to

abutting landowners all right, title and interest of the United

States. Where land abutting the reverted right-of-way is owned by

different persons or entities, the conveyance made pursuant to this

subsection shall extend the property of each abutting owner to the

centerline of the right-of-way.

(d) Discontinuance by State of use of national park or forest

lands; jurisdiction upon reversion

If use is discontinued (as that term is used in subsection (b) of

this section) of all or part of those properties of the Alaska

Railroad transferred to the State pursuant to this chapter which

lie within the boundaries of the Denali National Park and Preserve

or the Chugach National Forest, such properties or part thereof

(including permanent improvements to the property) shall revert to

the United States and shall not be subject to subsection (c) of

this section. Upon such reversion, jurisdiction over that property

shall be transferred to the Secretary of the Interior or the

Secretary of Agriculture, as appropriate, for administration as

part of the Denali National Park and Preserve or the Chugach

National Forest.

(e) Payment into Treasury of United States of excess proceeds from

sale or transfer of all or substantially all of State-owned

railroad; limitations

Except as provided in subsections (a) through (d) of this

section, if, within five years after the date of transfer to the

State pursuant to section 1203 of this title, the State sells or

transfers all or substantially all of the State-owned railroad to

an entity other than an instrumentality of the State, the proceeds

from the sale or transfer that exceed the cost of any

rehabilitation and improvement made by the State for the

State-owned railroad and any net liabilities incurred by the State

for the State-owned railroad shall be paid into the general fund of

the Treasury of the United States.

(f) Enforcement by Attorney General

The Attorney General, upon the request of the Secretary, the

Secretary of the Interior, or the Secretary of Agriculture, shall

institute appropriate proceedings to enforce this section in the

United States District Court for the District of Alaska.

-SOURCE-

(Pub. L. 97-468, title VI, Sec. 610, Jan. 14, 1983, 96 Stat. 2575.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1203, 1208 of this title.

-End-

-CITE-

45 USC Sec. 1210 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-

Sec. 1210. Other disposition

-STATUTE-

If the Secretary has not certified that the State has satisfied

the conditions under section 1203 of this title within one year

after the date of delivery of the report referred to in section

1204(a) of this title, the Secretary may dispose of the rail

properties of the Alaska Railroad. Any disposal under this section

shall give preference to a buyer or transferee who will continue to

operate rail service, except that -

(1) such preference shall not diminish or modify the rights of

the Cook Inlet Region, Incorporated (as that term is used in

section 12 of the Act of January 2, 1976 (Public Law 94-204; 89

Stat. 1150)), pursuant to such section, as amended by section

606(d) of this title; (!1) and

(2) this section shall not be construed to diminish or modify

the powers of consent of the Secretary or the State under section

12(b)(8) of such Act, as amended by section 606(d)(5) of this

title.(!1)

Any disposal under this section shall be subject to valid existing

rights.

-SOURCE-

(Pub. L. 97-468, title VI, Sec. 611, Jan. 14, 1983, 96 Stat. 2576.)

-REFTEXT-

REFERENCES IN TEXT

Section 12 of the Act of January 2, 1976, referred to in pars.

(1) and (2), is section 12 of Pub. L. 94-204, Jan. 2, 1976, 89

Stat. 1150, as amended, which is set out as a note under section

1611 of Title 43, Public Lands.

Section 606(d) of this title, referred to in pars. (1) and (2),

means section 606(d) of title VI of Pub. L. 97-468, Jan. 14, 1983,

96 Stat. 2566.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1211 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

45 USC Sec. 1211 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-

Sec. 1211. Denali National Park and Preserve lands

-STATUTE-

On the date of transfer to the State (pursuant to section 1203 of

this title) or other disposition (pursuant to section 1210 of this

title), that portion of rail properties of the Alaska Railroad

within the Denali National Park and Preserve shall, subject to the

exclusive-use easement granted pursuant to section 1203(b)(1)(D) of

this title, be transferred to the Secretary of the Interior for

administration as part of the Denali National Park and Preserve,

except that a transferee under section 1210 of this title shall

receive the same interest as the State under section 1203(b)(1)(D)

of this title.

-SOURCE-

(Pub. L. 97-468, title VI, Sec. 612, Jan. 14, 1983, 96 Stat. 2576.)

-End-

-CITE-

45 USC Sec. 1212 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-

Sec. 1212. Applicability of other laws

-STATUTE-

(a) Actions subject to other laws

The provisions of chapter 5 of title 5 (popularly known as the

Administrative Procedure Act, and including provisions popularly

known as the Government in the Sunshine Act), the Federal Advisory

Committee Act (5 U.S.C. App. 1 et seq.), the National Historic

Preservation Act (16 U.S.C. 470 et seq.), section 303 of title 49,

and the National Environmental Policy Act of 1969 (42 U.S.C. 4321

et seq.) shall not apply to actions taken pursuant to this chapter,

except to the extent that such laws may be applicable to granting

of rights-of-way under section 1208 of this title.

(b) Federal surplus property disposal; withdrawal or reservation of

land for use of Alaska Railroad

The enactment of this chapter, actions taken during the

transition period as provided in section 1204 of this title, and

transfer of the rail properties of the Alaska Railroad under

authority of this chapter shall be deemed not to be the disposal of

Federal surplus property under the Federal Property and

Administrative Services Act of 1949 (!1) or the Act of October 3,

1944, popularly referred to as the "Surplus Property Act of 1944"

(50 U.S.C. App. 1622). Such events shall not constitute or cause

the revocation of any prior withdrawal or reservation of land for

the use of the Alaska Railroad under the Act of March 12, 1914 (43

U.S.C. 975 et seq.), the Alaska Statehood Act (note preceding 48

U.S.C. 21), the Alaska Native Claims Settlement Act (43 U.S.C. 1601

et seq.), the Act of January 2, 1976 (Public Law 94-204; 89 Stat.

1145), the Alaska National Interest Lands Conservation Act (Public

Law 96-487; 94 Stat. 2371), and the general land and land

management laws of the United States.

(c) Ceiling on Government contributions for Federal employees

health benefits insurance premiums

Beginning on January 14, 1983, the ceiling on Government

contributions for Federal employees health benefits insurance

premiums under section 8906(b)(2) of title 5 shall not apply to the

Alaska Railroad.

(d) Acreage entitlement of State or Native Corporation

Nothing in this chapter is intended to enlarge or diminish the

acreage entitlement of the State or any Native Corporation pursuant

to existing law.

(e) Judgments involving interests, etc., of Native Corporations

With respect to interests of Native Corporations under the Alaska

Native Claims Settlement Act (43 U.S.C. 1601 et seq.) and the

Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et

seq.), except as provided in this chapter, nothing contained in

this chapter shall be construed to deny, enlarge, grant, impair, or

otherwise affect any judgment heretofore entered in a court of

competent jurisdiction, or valid existing right or claim of valid

existing right.

-SOURCE-

(Pub. L. 97-468, title VI, Sec. 613, Jan. 14, 1983, 96 Stat. 2577.)

-REFTEXT-

REFERENCES IN TEXT

The Administrative Procedure Act, referred to in subsec. (a), is

act June 11, 1946, ch. 324, 60 Stat. 237, as amended, which was

classified to sections 1001 to 1011 of former title 5 and which was

repealed and reenacted as subchapter II (Sec. 551 et seq.) of

chapter 5, and chapter 7 (Sec. 701 et seq.), of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80

Stat. 378.

The Government in the Sunshine Act, referred to in subsec. (a),

is Pub. L. 94-409, Sept. 13, 1976, 90 Stat. 1241, which enacted

section 552b of Title 5, Government Organization and Employees,

amended sections 551, 552, 556, and 557 of Title 5, section 10 of

Pub. L. 92-463, set out in the Appendix to Title 5, and section 410

of Title 39, Postal Service, and enacted provisions set out as

notes under section 552b of Title 5. For complete classification of

this Act to the Code, see Short Title note set out under section

552b of Title 5 and Tables.

The Federal Advisory Committee Act, referred to in subsec. (a),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5.

The National Historic Preservation Act, referred to in subsec.

(a), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended,

which is classified generally to subchapter II (Sec. 470 et seq.)

of chapter 1A of Title 16, Conservation. For complete

classification of this Act to the Code, see section 470(a) of Title

16 and Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (b), was in the original "the Federal

Property and Administrative Services Act of 1949 (40 U.S.C. 484)".

The Federal Property and Administrative Services Act of 1949 is act

June 30, 1949, ch. 288, 63 Stat. 377, as amended. Except for title

III of the Act, which is classified generally to subchapter IV

(Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts, the

Act was repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b),

Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title

40, Public Buildings, Property, and Works. Section 203 of the Act,

which was classified to section 484 of former Title 40, Public

Buildings, Property, and Works, was repealed and reenacted as

sections 541 to 555 of Title 40.

Act of October 3, 1944, popularly referred to as the "Surplus

Property Act of 1944", referred to in subsec. (b), is act Oct. 3,

1944, ch. 479, 58 Stat. 765, known as the Surplus Property Act of

1944, which was classified principally to sections 1611 to 1646 of

Title 50, Appendix, War and National Defense, and was repealed

effective July 1, 1949, with the exception of sections 1622, 1631,

1637, and 1641 of Title 50, Appendix, by act June 30, 1949, ch.

288, title VI, Sec. 602(a)(1), 63 Stat. 399, renumbered Sept. 5,

1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. Sections 1622 and 1641

were partially repealed by the 1949 act, and section 1622 is still

set out in part in Title 50, Appendix. Section 1622(g) was repealed

and reenacted as sections 47151 to 47153 of Title 49,

Transportation, by Pub. L. 103-272, Secs. 1(e), 7(b), July 5, 1994,

108 Stat. 1278-1280, 1379. Section 1631 was repealed by act June 7,

1939, ch. 190, Sec. 6(e), as added by act July 23, 1946, ch. 590,

60 Stat. 599, and is covered by sections 98 et seq. of Title 50.

Section 1637 was repealed by act June 25, 1948, ch. 645, Sec. 21,

62 Stat. 862, eff. Sept. 1, 1948, and is covered by section 3287 of

Title 18, Crimes and Criminal Procedure. Provisions of section 1641

not repealed by the 1949 act were repealed by Pub. L. 87-256, Sec.

111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter

33 (Sec. 2451 et seq.) of Title 22, Foreign Relations and

Intercourse.

Act of March 12, 1914, referred to in subsec. (b), is act Mar.

12, 1914, ch. 37, 38 Stat. 305, as amended, popularly known as the

Alaska Railroad Act, which enacted section 353a of Title 16,

Conservation, and sections 975 to 975g of Title 43, Public Lands,

and which was repealed by section 615(a)(1) of Pub. L. 97-468

effective on the date of transfer of Alaska Railroad to the State

[Jan. 5, 1985], pursuant to section 1203 of this title.

The Alaska Statehood Act, referred to in subsec. (b), is Pub. L.

85-508, July 7, 1958, 72 Stat. 339, as amended, which is set out as

a note preceding section 21 of Title 48, Territories and Insular

Possessions. For complete classification of this Act to the Code,

see Tables.

The Alaska Native Claims Settlement Act, referred to in subsecs.

(b) and (e), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as

amended, which is classified generally to chapter 33 (Sec. 1601 et

seq.) of Title 43, Public Lands. For complete classification of

this Act to the Code, see Short Title note set out under section

1601 of Title 43 and Tables.

Act of January 2, 1976 (Public Law 94-204; 89 Stat. 1145),

referred to in subsec. (b), amended the Alaska Native Claims

Settlement Act (43 U.S.C. 1601 et seq.). For complete

classification of this Act to the Code, see Tables.

The Alaska National Interest Lands Conservation Act, referred to

in subsecs. (b) and (e), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat.

2371, as amended. For complete classification of this Act to the

Code, see Short Title note set out under section 3101 of Title 16,

Conservation, and Tables.

The general land and land management laws of the United States,

referred to in subsec. (b), are classified generally to Title 43,

Public Lands.

-COD-

CODIFICATION

In subsec. (a), "section 303 of title 49" substituted for

"section 4(f) of the Department of Transportation Act (49 U.S.C.

1653(f))" on authority of Pub. L. 97-449, Sec. 6(b), Jan. 12, 1983,

96 Stat. 2443, the first section of which enacted subtitle I (Sec.

101 et seq.) and chapter 31 (Sec. 3101 et seq.) of subtitle II of

Title 49, Transportation.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

45 USC Sec. 1213 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-

Sec. 1213. Conflict with other laws

-STATUTE-

The provisions of this chapter shall govern if there is any

conflict between this chapter and any other law.

-SOURCE-

(Pub. L. 97-468, title VI, Sec. 614, Jan. 14, 1983, 96 Stat. 2577.)

-End-

-CITE-

45 USC Sec. 1214 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-

Sec. 1214. Separability

-STATUTE-

If any provision of this chapter or the application thereof to

any person or circumstance is held invalid, the remainder of this

chapter and the application of such provision to other persons or

circumstances shall not be affected thereby.

-SOURCE-

(Pub. L. 97-468, title VI, Sec. 616, Jan. 14, 1983, 96 Stat. 2578.)

-End-