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16 U.S.C. § 353a — Repealed. Pub. L. 97–468, title VI, § 615(a)(1), Jan. 14, 1983, 96 Stat. 2577
Federal law — U.S. Code and appendices · legal_authorities
### 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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Source file: Laws/federal/codes/united-states-code/title-16/section-353a-repealed-pub-l-97468-title-vi-615-a-1-jan-14-1983-96-stat-2577--5c7e3914e4.md
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Source location: Title 16, Chapter 1, § 353a; chapter-001-national-parks-military-parks-monuments-and-seashores.md
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### 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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1203
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 975, acts Mar. 12, 1914, ch. 37, § 1, 38 Stat. 305; Apr. 10, 1926, ch. 114, 44 Stat. 239; Aug. 4, 1955, ch. 554, 69 Stat. 494; Nov. 1, 1978, Pub. L. 95–565, § 4(a), 92 Stat. 2399; Oct. 10, 1980, Pub. L. 96–423, § 15, 94 Stat. 1817, related to location, construction, and operation of Alaska Railroad and powers and duties of President in connection therewith, and security officers. Section was comprised of first and second paragraphs of section 1 of act Mar. 12, 1914. The first paragraph was included in the Act as originally enacted in 1914 and the second paragraph was added in 1980 by Pub. L. 96–423. Amendment of section 1 of act Mar. 12, 1914, by act Mar. 29, 1940, ch. 74, 54 Stat. 80, relating to Mount McKinley National Park, and providing for accommodations for visitors and residents, was set out as [section 353a of Title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section353a&num=0&edition=prelim), Conservation. Section was formerly classified to [section 301 of Title 48](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section301&num=0&edition=prelim), Territories and Insular Possessions.
Section 975a, act Mar. 12, 1914, ch. 37, § 1, 38 Stat. 307, related to telegraph and telephone lines in Alaska. Section was comprised of original second paragraph of section 1 of act Mar. 12, 1914. Section was formerly classified to [section 302 of Title 48](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section302&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal effective on date of transfer of Alaska Railroad to 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=pre
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 975, 975a
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Federal law — U.S. Code and appendices · legal_authorities
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 accorda
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1201
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1202
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1208
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1212
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Federal law — U.S. Code and appendices · legal_authorities
Page 192
TITLE 16—CONSERVATION
§ 352
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Denali National Park’’ substituted in text for
‘‘Mount McKinley National Park’’ pursuant to Pub. L.
96–487,
§ 202(3)(a),
which
is
classified
to
section
410hh–1(3)(a) of this title and which added lands to the
park, established additional land as the Denali Na-
tional Preserve, and redesignated the whole as the
Denali National Park and Preserve.
§ 352. Game refuge; killing game
The said park is established as a game refuge,
and no person shall kill any game in said park
except under an order from the Secretary of the
Interior for the protection of persons or to pro-
tect or prevent the extermination of other ani-
mals or birds.
(Feb. 26, 1917, ch. 121, § 6, 39 Stat. 939; May 21,
1928, ch. 654, § 2, 45 Stat. 622.)
Editorial Notes
AMENDMENTS
1928—Act May 21, 1928, struck out provision that pros-
pectors and miners could kill game or birds needed for
actual necessities when short of food.
§ 353. Leases
The Secretary of the Interior may, in his dis-
cretion, execute leases to parcels of ground not
exceeding twenty acres in extent for periods not
to exceed twenty years whenever such ground is
necessary for the erection of establishments for
the accommodation of visitors; may grant such
other necessary privileges and concessions as he
deems wise for the accommodation of visitors;
and may likewise arrange for the removal of
such mature or dead or down timber as he may
deem necessary and advisable for the protection
and improvement of the park.
(Feb. 26, 1917, ch. 121, § 7, 39 Stat. 939; May 21,
1928, ch. 654, § 1, 45 Stat. 622.)
Editorial Notes
AMENDMENTS
1928—Act May 21, 1928, repealed provision that no ap-
propriation for the maintenance of the
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 353a
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