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 obligations was amended generally by Pub. L. 99–514, title XIII, § 1301(a), Oct. 22, 1986, 100 Stat. 2602, and as so amended relates to interest on State and local bonds. Section 103(b)(2), which prior to the general amendment defined industrial development bond, relates to the applica- bility of the interest exclusion to arbitrage bonds. Subchapter V of chapter 107 of title 49, referred to in subsec. (b), 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. The National Environmental Policy Act of 1969, re- ferred to in subsec. (b), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. CODIFICATION In subsec. (a)(3), ‘‘section 20103(d) of title 49’’ sub- stituted for ‘‘section 202(c) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(c))’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. AMENDMENTS 2004—Subsec. (a)(5). Pub. L. 108–447, § 152(1), inserted ‘‘, including any amount appropriated or otherwise made available to the State-owned railroad,’’ before ‘‘shall be retained’’. Subsec. (e). Pub. L. 108–447, § 152(2), added subsec. (e). 1995—Subsecs. (a)(1), (c). Pub. L. 104–88 substituted ‘‘part A’’ for ‘‘the jurisdiction of the Interstate Com- merce Commission under chapter 105’’. 1986—Subsec. (a)(6)(A). Pub. L. 99–514 substituted ‘‘In- ternal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONS Interstate Commerce Commission abolished and func- tions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appro- priate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. ALASKA RAILROAD Pub. L. 109–59, title IX, § 9006, Aug. 10, 2005, 119 Stat. 1925, provided that: ‘‘(a) GRANTS.—The Secretary [of Transportation] shall make grants to the Alaska Railroad for capital rehabilitation and improvements benefiting its pas- senger operations. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary.’’ Similar provisions were contained in Pub. L. 105–178, title VII, § 7204, June 9, 1998, 112 Stat. 477. § 1208. Future rights-of-way (a) Access across Federal lands; application ap- proval After January 14, 1983, the State or State- owned railroad may request the Secretary of the Interior or the Secretary of Agriculture, as ap- propriate 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 transpor- tation and related purposes. The State or State- owned railroad may also apply for a lease, per- mit, or conveyance of any necessary or conven- ient 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 Ag- riculture, as appropriate, shall consult with the Secretary. Approval of an application for a right-of-way, permit, lease, or conveyance de- scribed in subsection (a) of this section shall be pursuant to applicable law. Rights-of-way, grounds, and sites granted pursuant to this sec- tion 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 et seq.) and section 1202(6) of this title. Such conform- ance shall not be affected by the repeal of such Act under section 615 of this title.1 (Pub. L. 97–468, title VI, § 609, Jan. 14, 1983, 96 Stat. 2574; Pub. L. 108–7, div. I, title III, § 345(5), Feb. 20, 2003, 117 Stat. 418.) Editorial Notes REFERENCES IN TEXT Act of March 12, 1914 (43 U.S.C. 975 et seq.), referred to in subsec. (b), is act Mar. 12, 1914, ch. 37, 38 Stat. 305, 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 report referred to in section 1204(a) of this title, 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 op- erate rail service, except that— (1) such preference shall not diminish or modify the rights of the Cook Inlet Region, In- corporated (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; 1 and (2) this section shall not be construed to di- minish 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.1 Any disposal under this section shall be subject to valid existing rights. (Pub. L. 97–468, title VI, § 611, Jan. 14, 1983, 96 Stat. 2576.) Editorial Notes REFERENCES IN TEXT Section 12 of the Act of January 2, 1976, referred to in pars. (1) and (2), is section 12 of Pub. L. 94–204, Jan. 2, 1976, 89 Stat. 1150, which is set out as a note under sec- tion 1611 of Title 43, Public Lands. Section 606(d) of this title, referred to in pars. (1) and (2), means section 606(d) of title VI of Pub. L. 97–468, Jan. 14, 1983, 96 Stat. 2566. § 1211. Denali National Park and Preserve lands On the date of transfer to the State (pursuant to section 1203 of this title) or other disposition (pursuant to section 1210 of this title), that por- tion of rail properties of the Alaska Railroad within the Denali National Park and Preserve shall, subject to the exclusive-use easement granted pursuant to section 1203(b)(1)(D) of this title, be transferred to the Secretary of the Inte- rior for administration as part of the Denali Na- tional Park and Preserve, except that a trans- feree under section 1210 of this title shall receive the same interest as the State under section 1203(b)(1)(D) of this title. (Pub. L. 97–468, title VI, § 612, Jan. 14, 1983, 96 Stat. 2576.) § 1212. Applicability of other laws (a) Actions subject to other laws The provisions of chapter 5 of title 5 (popu- larly known as the Administrative Procedure Act, and including provisions popularly known as the Government in the Sunshine Act), chap- ter 10 of title 5, division A of subtitle III of title 54, section 303 of title 49, and the National Envi- ronmental Policy Act of 1969 (42 U.S.C. 4321 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. (b) Federal surplus property disposal; with- drawal or reservation of land for use of Alas- ka Railroad The enactment of this chapter, actions taken during the transition period as provided in sec- tion 1204 of this title, and transfer of the rail properties of the Alaska Railroad under author- ity of this chapter shall be deemed not to be the disposal of Federal surplus property under sec- tions 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).1 Such events shall not constitute or cause the revoca- tion 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 et seq.), the Alaska Statehood Act (note preceding 48 U.S.C. 21), the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), the Act of January 2, 1976 (Public Law 94–204; 89 Stat. 1145), the Alaska National Interest Lands Conservation Act (Pub- lic Law 96–487; 94 Stat. 2371), and the general land and land management laws of the United States. (c) Ceiling on Government contributions for Fed- eral employees health benefits insurance premiums Beginning on January 14, 1983, the ceiling on Government contributions for Federal employ- ees health benefits insurance premiums under section 8906(b)(2) of title 5 shall not apply to the Alaska Railroad. (d) Acreage entitlement of State or Native Cor- poration Nothing in this chapter is intended to enlarge or diminish the acreage entitlement of the State or any Native Corporation pursuant to existing law.