45 U.S.C. § 1201 — Findings

Page 247 TITLE 45—RAILROADS § 1201 1 See References in Text note below. tion 743 of this title. Subsec. (c) of section 1167, which was set out as subsec. (b) of this section and which pro- vided that the clerk of the special court convey to the Secretary certain series B preferred stock and common stock of Conrail on deposit with the court, and author- ized the Secretary to hold and exercise all rights to such Conrail securities, was repealed by Pub. L. 99–509, title IV, § 4033(c)(1)(C)(i)(IV), Oct. 21, 1986, 100 Stat. 1908. § 1116. Applicability of other laws (a) The provisions of chapters 5 and 7 of title 5 (popularly known as the Administrative Proce- dure Act and including provisions popularly known as the Government in the Sunshine Act), chapter 10 of title 5, section 102(2)(C) of the Na- tional Environmental Policy Act of 1969 [42 U.S.C. 4332(2)(C)], division A of subtitle III of title 54, and section 303 of title 49 are inappli- cable to actions taken in negotiating, approv- ing, or implementing service transfers under title IV of the Regional Rail Reorganization Act of 1973 [45 U.S.C. 761 et seq.] 1 and to the imple- mentation of the sale of the interest of the United States in Conrail under the Conrail Pri- vatization Act [45 U.S.C. 1301 et seq.]. (b) The operation of trains by Conrail shall not be subject to the requirement of any State or local law which specifies the minimum num- ber of crew members who must be employed in connection with the operation of such trains. (Pub. L. 97–35, title XI, § 1168, Aug. 13, 1981, 95 Stat. 687; Pub. L. 99–509, title IV, § 4033(c)(1)(B), Oct. 21, 1986, 100 Stat. 1908; Pub. L. 113–287, § 5(m)(1), Dec. 19, 2014, 128 Stat. 3271; Pub. L. 117–286, § 4(a)(288), Dec. 27, 2022, 136 Stat. 4337.) Editorial Notes REFERENCES IN TEXT The Administrative Procedure Act, referred to in sub- sec. (a), is act June 11, 1946, ch. 324, 60 Stat. 237, which was classified to sections 1001 to 1011 of former title 5 and which was repealed and reenacted as subchapter II (§ 551 et seq.) of chapter 5, and chapter 7 (§ 701 et seq.), of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378. The Government in the Sunshine Act, referred to in subsec. (a), is Pub. L. 94–409, Sept. 13, 1976, 90 Stat. 1241, which enacted section 552b of Title 5, amended sections 551, 552, 556, and 557 of Title 5, section 10 of Pub. L. 92–463, formerly set out in the Appendix to Title 5, and section 410 of Title 39, Postal Service, and enacted pro- visions set out as notes under section 552b of Title 5. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under sec- tion 552b of Title 5 and Tables. The Regional Rail Reorganization Act of 1973, re- ferred to in subsec. (a), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985. Title IV of the Regional Rail Reorganization Act of 1973 was classified generally to subchapter IV (§ 761 et seq.) of chapter 16 of this title, and was re- pealed by Pub. L. 99–509, title IV, § 4033(a)(1), Oct. 21, 1986, 100 Stat. 1908. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 701 of this title and Tables. The Conrail Privatization Act, referred to in subsec. (a), is subtitle A (§§ 4001–4052) of title IV of Pub. L. 99–509, Oct. 21, 1986, 100 Stat. 1892, which is classified principally to chapter 22 (§ 1301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. CODIFICATION In subsec. (a), ‘‘section 303 of title 49’’ substituted for ‘‘section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 1653(f)]’’ on authority of Pub. L. 97–449, § 6(b), Jan. 12, 1983, 96 Stat. 2443, the first section of which enacted subtitle I (§ 101 et seq.) and chapter 31 (§ 3101 et seq.) of subtitle II of Title 49, Transportation. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5,’’ for ‘‘the Federal Advisory Committee Act,’’. 2014—Subsec. (a). Pub. L. 113–287, which directed sub- stitution of ‘‘division A of subtitle III of title 54’’ for ‘‘the National Historic Preservation Act’’, was exe- cuted by making the substitution for ‘‘the National Historic Preservation Act of 1966’’ to reflect the prob- able intent of Congress. 1986—Subsec. (a). Pub. L. 99–509 inserted ‘‘and to the implementation of the sale of the interest of the United States in Conrail under the Conrail Privatization Act’’. CHAPTER 21—ALASKA RAILROAD TRANSFER Sec. 1201. Findings. 1202. Definitions. 1203. Transfer authorization. 1204. Transition period. 1205. Lands to be transferred. 1206. Employees of Alaska Railroad. 1207. State operation. 1208. Future rights-of-way. 1209. Repealed. 1210. Other disposition. 1211. Denali National Park and Preserve lands. 1212. Applicability of other laws. 1213. Conflict with other laws. 1214. Separability. § 1201. Findings The Congress finds that— (1) the Alaska Railroad, which was built by the Federal Government to serve the transpor- tation and development needs of the Territory of Alaska, presently is providing freight and passenger services that primarily benefit resi- dents 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 pas- senger service and provision of such service is an essential governmental function; (3) continuation of services of the Alaska Railroad and the opportunity for future expan- sion of those services are necessary to achieve Federal, State, and private objectives; how- ever, 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 pro- gram of transferring appropriate activities to the States; (5) the State’s continued operation of the Alaska Railroad following the transfer con- templated 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 visi- tors; and 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.);