45 U.S.C. § 1202 — Definitions

Page 248 TITLE 45—RAILROADS § 1202 1 See References in Text note below. (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 Gov- ernment should offer to transfer the railroad to the State, in accordance with the provi- sions 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. (Pub. L. 97–468, title VI, § 602, Jan. 14, 1983, 96 Stat. 2556.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in pars. (4) to (6), was in the original ‘‘this title’’, meaning title VI (§ 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 classi- fied principally to this chapter (§ 1201 et seq.). For com- plete classification of title VI to the Code, see Short Title note below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 97–468, title VI, § 601, Jan. 14, 1983, 96 Stat. 2556, 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 Or- ganization 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, Ter- ritories and Insular Possessions, and amending provi- sions set out as a note under section 1611 of Title 43] may be cited as the ‘Alaska Railroad Transfer Act of 1982’.’’ § 1202. Definitions As used in this chapter, the term— (1) ‘‘Alaska Railroad’’ means the agency of the United States Government that is oper- ated 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 re- quires, 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 appro- priations for the Alaska Railroad are depos- ited, 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 per- sonnel employed by the Alaska Railroad on the date of transfer, including the officers of the Alaska Railroad, unless otherwise indi- cated in this chapter; (6) ‘‘exclusive-use easement’’ means an ease- ment 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, commu- nication, and transmission purposes and for support functions associated with such pur- poses; (B) the right to use so much of the sub- surface estate of the lands subject to this easement as is necessary for the transpor- tation, 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 dis- cretion) to fence all or part of the lands sub- ject to this easement and to affix track, fix- tures, 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 Con- servation Act (16 U.S.C. 3102(6)); (8) ‘‘officers of the Alaska Railroad’’ means the employees occupying the following posi- tions at the Alaska Railroad as of the day be- fore the date of transfer: General Manager; As- sistant 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, roll- ing stock, trade names, accounts receivable, goodwill, and other real and personal prop- erty, both tangible and intangible, in which there is an interest reserved, withdrawn, ap- propriated, owned, administered or otherwise held or validly claimed for the Alaska Rail- road by the United States or any agency or in- strumentality 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 in- cluding 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 re- quired in all patents for land taken up, en- tered, or located in Alaska, as provided by the Act of March 12, 1914 (43 U.S.C. 975 et seq.); Page 249 TITLE 45—RAILROADS § 1203 (B) the right of the United States to exer- cise the power of eminent domain; (C) any moneys in the Alaska Railroad Re- volving Fund which the Secretary dem- onstrates, 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 Sec- retary 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 bound- aries of the Denali National Park and Pre- serve; (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 re- tained 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 re- quires; (14) ‘‘State-owned railroad’’ means the au- thority, agency, corporation or other entity which the State of Alaska designates or con- tracts 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, cor- poration, 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)). (Pub. L. 97–468, title VI, § 603, Jan. 14, 1983, 96 Stat. 2556.) Editorial Notes 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, which enacted section 353a of Title 16, Con- servation, 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 Alas- ka Railroad to the State [Jan. 5, 1985], pursuant to sec- tion 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, § 615(a)(4), Jan. 14, 1983, 96 Stat. 2578. § 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 Rail- road 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 sec- tion. (b) Simultaneous and interim transfers, convey- ances, etc. (1) On the date of transfer, the Secretary shall simultaneously: (A) deliver to the State a bill of sale con- veying title to all rail properties of the Alaska Railroad except any interest in real property; (B) deliver to the State an interim convey- ance of the rail properties of the Alaska Rail- road that are not conveyed pursuant to sub- paragraph (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 con- veyed pursuant to subparagraphs (A) or (B) of this paragraph pending conveyances in accord- ance 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 Rail- road within the Denali National Park and Pre- serve 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 cen- terline of the ‘‘Y’’ track connecting the main line of the railroad to the power station at McKinley Park Station and (ii) title to rail- road-related improvements within such right- of-way. Prior to taking the action specified in subpara- graphs (A) through (D) of this paragraph, the Secretary shall consult with the Secretary of the Interior. The exclusive-use easement grant- ed pursuant to subparagraph (D) of this para- graph 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. (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 con- veyance 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 prop- erties to be conveyed pursuant to this paragraph are surveyed at the time they become available