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45 U.S.C. § 1207 — State operation

Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1207 — State operation

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Stable record: federal_law:legal_authorities:record_usc_12b3b8a313a08d9dd30eae0b
Source file: Laws/federal/codes/united-states-code/title-45/section-1207-state-operation--d3de97d287.md
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Source location: Title 45, Chapter 21, § 1207; chapter-021-alaska-railroad-transfer.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1203&num=0&edition=prelim), 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,11 So in original. Probably should be “that part,”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231&num=0&edition=prelim) et seq.), the Railroad Retirement Tax Act ([26 U.S.C. 3201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3201&num=0&edition=prelim) et seq.), the Railway Labor Act ([45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.), the Act of April 22, 1908 ([45 U.S.C. 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section51&num=0&edition=prelim) et seq.) (popularly referred to as the “Federal Employers’ Liability Act”), and the Railroad Unemployment Insurance Act ([45 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section351&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1203&num=0&edition=prelim) 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 22 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20103/d&num=0&edition=prelim)). (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, including any amount appropriated or otherwise made available to 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section115/a/1&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.) and section 382(b) of the Energy Policy and Conservation Act ([42 U.S.C. 6362(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6362/b&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1203&num=0&edition=prelim), 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. **(e) Preservation and protection of rail properties** The State-owned railroad may take any necessary or appropriate action, consistent with Federal railroad safety laws, to preserve and protect its rail properties in the interests of safety.

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 351 — Definitions

For the purposes of this chapter, except when used in amending the provisions of other Acts— **(a)** The term “employer” means any carrier (as defined in subsection (b) of this section), and any company which is directly or indirectly owned or controlled by one or more such carriers or under common control therewith, and which operates any equipment or facility or performs any service (except trucking service, casual service, and the casual operation of equipment or facilities) in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the property or operating all or any part of the business of any such employer: Provided, however, That the term “employer” shall not include any street, interurban, or suburban electric railway, unless such railway is operating as a part of a general steam-railroad system of transportation, but shall not exclude any part of the general steam-railroad system of transportation now or hereafter operated by any other motive power. The Surface Transportation Board is hereby authorized and directed upon request of the Railroad Retirement Board, or upon complaint of any party interested, to determine after hearing whether any line operated by electric power falls within the terms of this proviso. The term “employer” shall also include railroad associations, traffic associations, tariff bureaus, demurrage bureaus, weighing and inspection bureaus, collection agencies, and other associations, bureaus, agencies, or organizations controlled and maintained wholly or principally by two or mor

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1203 — Transfer authorization

**(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

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42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 231t — Short title

This subchapter may be cited as the “Railroad Retirement Act of 1974”.

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49 U.S.C. § 1301 — Establishment of Board

**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government. **(b) Membership.—** (1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party. (2) At all times— (A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and (B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector. (3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office. (4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term. (5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines

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45 U.S.C. § 231 — Definitions

For the purposes of this subchapter— **(a)** (1) The term “employer” shall include— (i) any carrier by railroad subject to the jurisdiction of the Surface Transportation Board under part A of subtitle IV of title 49; (ii) any company which is directly or indirectly owned or controlled by, or under common control with, one or more employers as defined in paragraph (i) of this subdivision, and which operates any equipment or facility or performs any service (except trucking service, casual service, and the casual operation of equipment or facilities) in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property transported by railroad; (iii) any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the property or operating all or any part of the business of any employer as defined in paragraph (i) or (ii) of this subdivision; (iv) any railroad association, traffic association, tariff bureau, demurrage bureau, weighing and inspection bureau, collection agency and any other association, bureau, agency, or organization which is controlled and maintained wholly or principally by two or more employers as defined in paragraph (i), (ii), or (iii) of this subdivision and which is engaged in the performance of services in connection with or incidental to railroad transportation; and (v) any railway labor organization, national in scope, which has been or may be organized in accordance with the provisions of the Railway Labor Act, as amended [[45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.], and its State and National

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26 U.S.C. § 3233 — Short title

This chapter may be cited as the “Railroad Retirement Tax Act.”

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45 U.S.C. § 151 — Definitions; short title

When used in this chapter and for the purposes of this chapter—

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45 U.S.C. § 51 — Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; employee defined

Every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories, or between the District of Columbia or any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee’s parents; and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

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49 U.S.C. § 1302 — Functions

Except as otherwise provided in the ICC Termination Act of 1995, or the amendments made thereby, the Board shall perform all functions that, immediately before January 1, 1996, were functions of the Interstate Commerce Commission or were performed by any officer or employee of the Interstate Commerce Commission in the capacity as such officer or employee.

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