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45 U.S.C. § 1209 — Repealed. Pub. L. 108–7, div. I, title III, § 345(5), Feb. 20, 2003, 117 Stat. 418
Federal law — U.S. Code and appendices · legal_authorities
### 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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Source location: Title 45, Chapter 21, § 1209; chapter-021-alaska-railroad-transfer.md
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### 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
**(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
**(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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Federal law — U.S. Code and appendices · legal_authorities
Page 259
TITLE 45—RAILROADS
§ 1212
1 See References in Text note below.
1 See References in Text note below.
popularly known as the Alaska Railroad Act, which en-
acted section 353a of Title 16, Conservation, and sec-
tions 975 to 975g of Title 43, Public Lands, and which
was repealed by section 615(a)(1) of Pub. L. 97–468 effec-
tive 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 clas-
sified 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.
AMENDMENTS
2003—Subsec. (c). Pub. L. 108–7 struck out subsec. (c)
which read as follows: ‘‘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’.’’
§ 1209. Repealed. Pub. L. 108–7, div. I, title III,
§ 345(5), Feb. 20, 2003, 117 Stat. 418
Section, Pub. L. 97–468, title VI, § 610, Jan. 14, 1983, 96
Stat. 2575, related to reversion from the State of rail-
road property to the United States.
§ 1210. Other disposition
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
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