45 U.S.C. § 1205 — Lands to be transferred

Page 253 TITLE 45—RAILROADS § 1205 2 See References in Text note below. (3) lease any rail property of the Alaska Railroad for a term in excess of five years. (c) Format for accounting practices and systems Prior to transfer of the rail properties of the Alaska Railroad to the State, the Alaska Rail- road’s accounting practices and systems shall be capable of reporting data to the Interstate Com- merce Commission in formats required of com- parable rail carriers subject to the jurisdiction of the Interstate Commerce Commission. (d) Fair market value; determination, terms and conditions, etc. (1) Within nine months after January 14, 1983, the United States Railway Association (herein- after in this section referred to as the ‘‘Associa- tion’’) shall determine the fair market value of the Alaska Railroad under the terms and condi- tions of this chapter, applying such procedures, methods and standards as are generally accepted as normal and common practice. Such deter- mination shall include an appraisal of the real and personal property to be transferred to the State pursuant to this chapter. Such appraisal by the Association shall be conducted in the usual manner in accordance with generally ac- cepted industry standards, and shall consider the current fair market value and potential fu- ture value if used in whole or in part for other purposes. The Association shall take into ac- count all obligations imposed by this chapter and other applicable law upon operation and ownership of the State-owned railroad. In mak- ing such determination, the Association shall use to the maximum extent practicable all rel- evant data and information, including, if rel- evant, that contained in the report prepared pursuant to subsection (a) of this section. (2) The determination made pursuant to para- graph (1) of this subsection shall not be con- strued to affect, enlarge, modify, or diminish any inventory, valuation, or classification re- quired by the Interstate Commerce Commission pursuant to subchapter V 2 of chapter 107 of title 49. (Pub. L. 97–468, title VI, § 605(a)–(d), Jan. 14, 1983, 96 Stat. 2562, 2563.) Editorial Notes REFERENCES IN TEXT Subchapter V of chapter 107 of title 49, referred to in subsec. (d)(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. CODIFICATION In subsec. (a), references to section 1202(10)(C) and (D) of this title were in the original references to section 603(8)(C) and (D) of title VI of Pub. L. 97–468, and were editorially translated as section 1202(10)(C) and (D), as the probable intent of Congress, in view of section 1202(8) containing no subpars. (C) and (D) and the sub- ject matter of section 1202(10)(C), which relates to money in the Alaska Railroad Revolving Fund being withheld from the State, and section 1202(10)(D), which relates to personal property being withheld. Section is comprised of subsecs. (a) to (d) of section 605 of Pub. L. 97–468. Subsec. (e) of section 605 of Pub. L. 97–468 amended section 712 of this title. Statutory Notes and Related Subsidiaries 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. ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF FUNCTIONS AND SECURITIES See section 1341 of this title. § 1205. Lands to be transferred (a) Availability of lands among rail properties Lands among the rail properties of the Alaska Railroad shall not be— (1) available for selection under section 12 of the Act of January 2, 1976, as amended (43 U.S.C. 1611, note), subject to the exception contained in section 12(b)(8)(i)(D) of such Act, as amended by subsection (d)(5) of this section; (2) available for conveyance under section 1425 of the Alaska National Interest Lands Conservation Act (Public Law 96–487; 94 Stat. 2515); (3) available for conveyance to Chugach Na- tives, Inc., under sections 1429 or 1430 of the Alaska National Interest Lands Conservation Act (Public Law 96–487; 94 Stat. 2531) or under sections 12(c) or 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1611(c) and 1613(h)(8), respectively); or (4) available under any law or regulation for entry, location, or for exchange by the United States, or for the initiation of a claim or se- lection by any party other than the State or other transferee under this chapter, except that this paragraph shall not prevent a con- veyance pursuant to section 12(b)(8)(i)(D) of the Act of January 2, 1976 (43 U.S.C. 1611, note), as amended by subsection (d)(5) of this section. (b) Review and settlement of claims; administra- tive adjudication; management of lands; pro- cedures applicable (1)(A) During the ten months following Janu- ary 14, 1983, so far as practicable consistent with the priority of preparing the report required pursuant to section 1204(a) of this title, the Sec- retary of the Interior, Village Corporations with claims of valid existing rights, and the State shall review and make a good faith effort to set- tle as many of the claims as possible. Any agree- ment to settle such claims shall take effect and bind the United States, the State, and the Vil- lage Corporation only as of the date of transfer of the railroad. (B) At the conclusion of the review and settle- ment process provided in subparagraph (A) of this paragraph, the Secretary of the Interior shall prepare a report identifying lands to be conveyed in accordance with settlement agree- ments under this chapter or applicable law. Page 254 TITLE 45—RAILROADS § 1205 Such settlement shall not give rise to a pre- sumption as to whether a parcel of land subject to such agreement is or is not public land. (2) The Secretary of the Interior shall have the continuing jurisdiction and duty to adjudicate unresolved claims of valid existing rights pursu- ant to applicable law and this chapter. The Sec- retary of the Interior shall complete the final administrative adjudication required under this subsection not later than three years after Jan- uary 14, 1983, and shall complete the survey of all lands to be conveyed under this chapter not later than five years after January 14, 1983, and after consulting with the Governor of the State of Alaska to determine priority of survey with regard to other lands being processed for patent to the State. The Secretary of the Interior shall give priority to the adjudication of Village Cor- poration claims as required in this section. Upon completion of the review and settlement process required by paragraph (1)(A) of this subsection, with respect to lands not subject to an agree- ment under such paragraph, the Secretary of the Interior shall adjudicate which lands subject to claims of valid existing rights filed by Village Corporations, if any, are public lands and shall complete such final administrative adjudication within two years after January 14, 1983. (3) Pending settlement or final administrative adjudication of claims of valid existing rights filed by Village Corporations prior to the date of transfer or while subject to the license granted to the State pursuant to section 1203(b)(1)(C) of this title, lands subject to such claims shall be managed in accordance with the Memorandum of Understanding among the Federal Railroad Administration, the State, Eklutna, Incor- porated, Cook Inlet Region, Incorporated (as that term is used in section 12 of the Act of Jan- uary 2, 1976 (Public Law 94–204; 89 Stat. 1150)), and Toghotthele Corporation, executed by au- thorized officers or representatives of each of these entities. Duplicate originals of the Memo- randum of Understanding shall be maintained and made available for public inspection and copying in the Office of the Secretary, at Wash- ington, District of Columbia, and in the Office of the Governor of the State of Alaska, at Juneau, Alaska. (4) The following procedures and requirements are established to promote finality of adminis- trative adjudication of claims of valid existing rights filed by Village Corporations, to clarify and simplify the title status of lands subject to such claims, and to avoid potential impairment of railroad operations resulting from joint or di- vided ownership in substantial segments of right-of-way: (A)(i) Prior to final administrative adjudica- tion of Village Corporation claims of valid ex- isting rights in land subject to the license granted under section 1203(b)(1)(C) of this title, the Secretary of the Interior may, notwith- standing any other provision of law, accept re- linquishment of so much of such claims as in- volved lands within the right-of-way through execution of an agreement with the appro- priate Village Corporation effective on or after the date of transfer. Upon such relinquish- ment, the interest of the United States in the right-of-way shall be conveyed to the State pursuant to section 1203(b)(1)(B) or (2) of this title. (ii) With respect to a claim described in clause (i) of this subparagraph that is not set- tled or relinquished prior to final administra- tive adjudication, the Congress finds that ex- clusive control over the right-of-way by the Alaska Railroad has been and continues to be necessary to afford sufficient protection for safe and economic operation of the railroad. Upon failure of the interested Village Corpora- tion to relinquish so much of its claims as in- volve lands within the right-of-way prior to final adjudication of valid existing rights, the Secretary shall convey to the State pursuant to section 1203(b)(1)(B) or (2) of this title all right, title and interest of the United States in and to the right-of-way free and clear of such Village Corporation’s claim to and interest in lands within such right-of-way. (B) Where lands within the right-of-way, or any interest in such lands, have been conveyed from Federal ownership prior to January 14, 1983, or is subject to a claim of valid existing rights by a party other than a Village Cor- poration, the conveyance to the State of the Federal interest in such properties pursuant to section 1203(b)(1)(B) or (2) of this title shall grant not less than an exclusive-use easement in such properties. The foregoing requirements shall not be construed to permit the convey- ance to the State of less than the entire Fed- eral interest in the rail properties of the Alas- ka Railroad required to be conveyed by sec- tion 1203(b) of this title. If an action is com- menced against the State or the United States contesting the validity or existence of a res- ervation of right-of-way for the use or benefit of the Alaska Railroad made prior to January 14, 1983, the Secretary of the Interior, through the Attorney General, shall appear in and de- fend such action. (c) Judicial review; remedies available; standing of State (1) The final administrative adjudication pur- suant to subsection (b) of this section shall be final agency action and subject to judicial re- view only by an action brought in the United States District Court for the District of Alaska. (2) No administrative or judicial action under this chapter shall enjoin or otherwise delay the transfer of the Alaska Railroad pursuant to this chapter, or substantially impair or impede the operations of the Alaska Railroad or the State- owned railroad. (3) Before the date of transfer, the State shall have standing to participate in any administra- tive determination or judicial review pursuant to this chapter. If transfer to the State does not occur pursuant to section 1203 of this title, the State shall not thereafter have standing to par- ticipate in any such determination or review. (d) Omitted (e) Liability of State for damage to land while used under license The State shall be liable to a party receiving a conveyance of land among the rail properties of the Alaska Railroad subject to the license granted pursuant to section 1203(b)(1)(C) of this Page 255 TITLE 45—RAILROADS § 1206 title for damage resulting from use by the State of the land under such license in a manner not authorized by such license. (Pub. L. 97–468, title VI, § 606(a)–(c), (e), Jan. 14, 1983, 96 Stat. 2564–2566, 2571; Pub. L. 98–620, title IV, § 402(52), Nov. 8, 1984, 98 Stat. 3361.) Editorial Notes REFERENCES IN TEXT Section 12 of the Act of January 2, 1976, as amended, referred to in subsecs. (a)(1), (4) and (b)(3), is section 12 of Pub. L. 94–204, Jan. 2, 1976, 89 Stat. 1150, which is set out as a note under section 1611 of Title 43, Public Lands. Section 12(b)(8)(i)(D) of such Act as amended by subsection (d)(5) of this section is the amendment of subsection (b)(8)(i)(D) of section 12 of Pub. L. 94–204 by section 606(d)(5) of Pub. L. 97–468, title VI, Jan. 14, 1983, 96 Stat. 2566. The Alaska National Interest Lands Conservation Act, referred to in subsecs. (a)(2) and (c), is Pub. L. 96–497, Dec. 2, 1980, 94 Stat. 2371. Sections 1425, 1429, and 1430 of the Act (94 Stat. 2515, 2531) were not classified to the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 16, Conservation, and Tables. CODIFICATION Section is comprised of subsecs. (a)–(c) and (e) of sec- tion 606 of Pub. L. 97–468. Subsec. (d) of section 606 of Pub. L. 97–468 amended section 12 of Pub. L. 94–204, which is set out as a note under section 1611 of Title 43, Public Lands. AMENDMENTS 1984—Subsec. (c)(1). Pub. L. 98–620 struck out provi- sion that required review of agency action pursuant to this chapter to be expedited to same extent as expe- dited review provided by section 1108 of the Alaska Na- tional Interest Lands Conservation Act (16 U.S.C. 3168). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as a note under section 1657 of Title 28, Judici- ary and Judicial Procedure. § 1206. Employees of Alaska Railroad (a) Coverage under Federal civil service retire- ment laws; election, funding, nature of bene- fits, etc., for employees transferring to State- owned railroad; voluntary separation incen- tives (1) Any employees who elect to transfer to the State-owned railroad and who on the day before the date of transfer are subject to the civil serv- ice retirement law (subchapter III of chapter 83 of title 5) shall, so long as continually employed by the State-owned railroad without a break in service, continue to be subject to such law, ex- cept that the State-owned railroad shall have the option of providing benefits in accordance with the provisions of paragraph (2) of this sub- section. Employment by the State-owned rail- road without a break in continuity of service shall be considered to be employment by the United States Government for purposes of sub- chapter III of chapter 83 of title 5. The State- owned railroad shall be the employing agency for purposes of section 8334(a) of title 5 and shall contribute to the Civil Service Retirement and Disability Fund a sum as provided by such sec- tion, except that such sum shall be determined by applying to the total basic pay (as defined in section 8331(3) of title 5) paid to the employees of the State-owned railroad who are covered by the civil service retirement law, the per centum rate determined annually by the Director of the Office of Personnel Management to be the excess of the total normal cost per centum rate of the civil service retirement system over the em- ployee deduction rate specified in section 8334(a) of title 5. The State-owned railroad shall pay into the Federal Civil Service Retirement and Disability Fund that portion of the cost of ad- ministration of such Fund which is dem- onstrated by the Director of the Office of Per- sonnel Management to be attributable to its em- ployees. (2) At any time during the two-year period commencing on the date of transfer, the State- owned railroad shall have the option of pro- viding to transferred employees retirement ben- efits, reflecting prior Federal service, in or sub- stantially equivalent to benefits under the re- tirement program maintained by the State for State employees. If the State decides to provide benefits under this paragraph, the State shall provide such benefits to all transferred employ- ees, except those employees who will meet the age and service requirements for retirement under section 8336(a), (b), (c) or (f) of title 5 within five years after the date of transfer and who elect to remain participants in the Federal retirement program. (3) If the State provides benefits under para- graph (2) of this subsection— (A) the provisions of paragraph (1) of this subsection regarding payments into the Civil Service Retirement and Disability Fund for those employees who are transferred to the State program shall have no further force and effect (other than for employees who will meet the age and service requirements for retire- ment under section 8336(a), (b), (c) or (f) of title 5 within five years after the date of transfer and who elect to remain participants in the Federal retirement program); and (B) all of the accrued employee and em- ployer contributions and accrued interest on such contributions made by and on behalf of the transferred employees during their prior Federal service (other than amounts for em- ployees who will meet the age and service re- quirements for retirement under section 8336(a), (b), (c) or (f) of title 5 within five years after the date of transfer and who elect to re- main participants in the Federal retirement program) shall be withdrawn from the Federal Civil Service Retirement and Disability Fund and shall be paid into the retirement fund uti- lized by the State-owned railroad for the transferred employees, in accordance with the provisions of paragraph (2) of this subsection. Upon such payment, credit for prior Federal service under the Federal civil service retire- ment system shall be forever barred, notwith- standing the provisions of section 8334 of title 5. (4)(A) The State-owned railroad shall be in- cluded in the definition of ‘‘agency’’ for purposes of section 3(a), (b), (c), and (e) of the Federal