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45 U.S.C. § 1208 — Future rights-of-way

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

45 U.S.C. § 1208 — Future rights-of-way

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section975&num=0&edition=prelim) et seq.) and [section 1202(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1202/6&num=0&edition=prelim). Such conformance shall not be affected by the repeal of such Act under [section 615 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section615&num=0&edition=prelim).11 See References in Tex

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Source location: Title 45, Chapter 21, § 1208; chapter-021-alaska-railroad-transfer.md

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

45 U.S.C. § 1210 — Other disposition

If the Secretary has not certified that the State has satisfied the conditions under [section 1203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1203&num=0&edition=prelim) within one year after the date of delivery of the report referred to in [section 1204(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1204/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section606/d&num=0&edition=prelim); 11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section606/d/5&num=0&edition=prelim).1 Any disposal under this section shall be subject to valid existing rights.

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

45 U.S.C. § 1209 — Repealed. Pub. L. 108–7, div. I, title III, § 345(5), Feb. 20, 2003, 117 Stat. 418

### Statutory Notes Section, Pub. L. 97–468, title VI, § 610, Jan. 14, 1983, 96 Stat. 2575, related to reversion from the State of railroad property to the United States.

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

16 U.S.C. § 353a — Repealed. Pub. L. 97–468, title VI, § 615(a)(1), Jan. 14, 1983, 96 Stat. 2577

### Statutory Notes Section, act Mar. 12, 1914, ch. 37, § 1, as added Mar. 29, 1940, ch. 74, 54 Stat. 80; Dec. 2, 1980, Pub. L. 96–487, title II, § 202(3)(a), 94 Stat. 2382, authorized appropriation of not to exceed $30,000 for construction and operation of facilities for visitors and residents to Denali National Park in Alaska. #### Effective Date of Repeal Repeal effective on date of transfer of Alaska Railroad to the State [Jan. 5, 1985], pursuant to [section 1203 of Title 45](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1203&num=0&edition=prelim), Railroads, see section 615(a) of Pub. L. 97–468.

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

45 U.S.C. § 1202 — Definitions

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section975&num=0&edition=prelim) et seq.) (popularly referred to as the “Alaska Railroad Act”) and section 6(i) 11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1203/b/1&num=0&edition=prelim); (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 pu

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

45 U.S.C. § 1212 — Applicability of other laws

**(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), chapter 10 of title 5, division A of subtitle III of title 54, [section 303 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section303&num=0&edition=prelim), and 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.) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1208&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1204&num=0&edition=prelim), 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 sections 541 to 555 of title 40 or the Act of October 3, 1944, popularly referred to as the “Surplus Property Act of 1944” (50 U.S.C. App. 1622).11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-sect

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

43 U.S.C. § 975 — Untitled legal text

Page 301 TITLE 43—PUBLIC LANDS §§ 975, 975a Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION Section repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of- way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, per- mit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. § 971. Bathhouses, hotels, etc., adjacent to min- eral, medicinal, etc., springs on public lands The Secretary of the Interior, upon such terms and under such regulations as he may deem proper, may permit responsible persons or asso- ciations to use and occupy, for the erection of bathhouses, hotels, or other improvements for the accommodation of the public, suitable spaces or tracts of land near or adjacent to min- eral, medicinal, or other springs which are lo- cated upon unreserved public lands or public lands which have been withdrawn for the protec- tion of such springs: Provided, That permits or leases hereunder shall be for periods not exceed- ing twenty years. (Mar. 3, 1925, ch. 458, 43 Stat. 1133.) § 971a. Alaskan lands within highway, telephone, and pipeline withdrawals; disposal; amend- ment of land description of claim or entry on adjoining lands Upon revocation of a withdrawal for highways, telephone lines, or pipelines, in Alaska, the lands involved shall be subject to disposal only under laws specified by the Secretary of the In- terior, subject to easements as established by the Secretary. Notwithstanding any statutory limitation on the area which may be

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

45 U.S.C. § 1208 — Future rights-of-way

Page 258 TITLE 45—RAILROADS § 1208 1 See References in Text note below. The Railroad Retirement Tax Act, referred to in sub- sec. (a)(1), is act Aug. 16, 1954, ch. 736, §§ 3201, 3202, 3211, 3212, 3221, and 3231 to 3233, 68A Stat. 431, which is classi- fied generally to chapter 22 (§ 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 Ta- bles. The Railway Labor Act, referred to in subsec. (a)(1), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classi- fied principally to chapter 8 (§ 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, and is classified generally to chapter 2 (§ 51 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 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, which is classified principally to chapter 11 (§ 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, § 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 re- lated to interest on certain governmental o

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