
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC1202]

 
                           TITLE 45--RAILROADS
 
                  CHAPTER 21--ALASKA RAILROAD TRANSFER
 
Sec. 1202. Definitions

    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 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 requires, the railroad 
    operated by that agency;
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    \1\ See References in Text note below.
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        (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;
        (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 purposes and for 
        support functions associated with such purposes;
            (B) the right to use so much of the subsurface estate of the 
        lands subject to this easement as is necessary for the 
        transportation, 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 discretion) to fence 
        all or part of the lands subject to this easement and to affix 
        track, fixtures, 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 
    Conservation Act (16 U.S.C. 3102(6));
        (8) ``officers of the Alaska Railroad'' means the employees 
    occupying the following positions at the Alaska Railroad as of the 
    day before the date of transfer: General Manager; Assistant 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, rolling stock, 
    trade names, accounts receivable, goodwill, and other real and 
    personal property, both tangible and intangible, in which there is 
    an interest reserved, withdrawn, appropriated, owned, administered 
    or otherwise held or validly claimed for the Alaska Railroad by the 
    United States or any agency or instrumentality 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 
    including 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 required in all patents for land taken up, 
        entered, or located in Alaska, as provided by the Act of March 
        12, 1914 (43 U.S.C. 975 et seq.);
            (B) the right of the United States to exercise the power of 
        eminent domain;
            (C) any moneys in the Alaska Railroad Revolving Fund which 
        the Secretary demonstrates, 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 Secretary 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 boundaries of the Denali National Park 
        and Preserve;

        (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 retained 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 requires;
        (14) ``State-owned railroad'' means the authority, agency, 
    corporation or other entity which the State of Alaska designates or 
    contracts 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, corporation, 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, Sec. 603, Jan. 14, 1983, 96 Stat. 2556.)

                       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, as amended, which enacted 
section 353a of Title 16, Conservation, 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 Alaska Railroad to 
the State [Jan. 5, 1985], pursuant to section 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, Sec. 615(a)(4), Jan. 14, 1983, 96 Stat. 2578.

                  Section Referred to in Other Sections

    This section is referred to in sections 1204, 1208 of this title.
