
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: 45USC1204]

 
                           TITLE 45--RAILROADS
 
                  CHAPTER 21--ALASKA RAILROAD TRANSFER
 
Sec. 1204. Transition period


(a) Joint report by Secretary and Governor of Alaska; contents, 
        preparation, etc.

    Within 6 months after January 14, 1983, the Secretary and the 
Governor of Alaska shall jointly prepare and deliver to the Congress of 
the United States and the legislature of the State a report that 
describes to the extent possible the rail properties of the Alaska 
Railroad, the liabilities and obligations to be assumed by the State, 
the sum of money, if any, in the Alaska Railroad Revolving Fund to be 
withheld from the State pursuant to section 1202(10)(C) \1\ of this 
title, and any personal property to be withheld pursuant to section 
1202(10)(D) \1\ of this title. The report shall separately identify by 
the best available descriptions (1) the rail properties of the Alaska 
Railroad to be transferred pursuant to section 1203(b)(1)(A), (B), and 
(D) of this title; (2) the rail properties to be subject to the license 
granted pursuant to section 1203(b)(1)(C) of this title; and (3) the 
easements to be reserved pursuant to section 1203(c)(2) of this title. 
The Secretaries of Agriculture, Defense, and the Interior and the 
Administrator of the General Services Administration shall provide the 
Secretary with all information and assistance necessary to allow the 
Secretary to complete the report within the time required.
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    \1\ See Codification note below.
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(b) Inspection, etc., of rail properties and records; terms and 
        conditions; restrictions

    During the period from January 14, 1983, until the date of transfer, 
the State shall have the right to inspect, analyze, photograph, 
photocopy and otherwise evaluate all of the rail properties of the 
Alaska Railroad and all records related to the rail properties of the 
Alaska Railroad maintained by any agency of the United States under 
conditions established by the Secretary to protect the confidentiality 
of proprietary business data, personnel records, and other information, 
the public disclosure of which is prohibited by law. During that period, 
the Secretary and the Alaska Railroad shall not, without the consent of 
the State and only in conformity with applicable law and the Memorandum 
of Understanding referred to in section 1205(b)(3) of this title--
        (1) make or incur any obligation to make any individual capital 
    expenditure of money from the Alaska Railroad Revolving Fund in 
    excess of $300,000;
        (2) (except as required by law) sell, exchange, give, or 
    otherwise transfer any real property included in the rail properties 
    of the Alaska Railroad; or
        (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 Railroad's accounting practices and systems shall 
be capable of reporting data to the Interstate Commerce Commission in 
formats required of comparable 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 (hereinafter in this section referred to as the 
``Association'') shall determine the fair market value of the Alaska 
Railroad under the terms and conditions of this chapter, applying such 
procedures, methods and standards as are generally accepted as normal 
and common practice. Such determination 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 accepted industry 
standards, and shall consider the current fair market value and 
potential future value if used in whole or in part for other purposes. 
The Association shall take into account all obligations imposed by this 
chapter and other applicable law upon operation and ownership of the 
State-owned railroad. In making such determination, the Association 
shall use to the maximum extent practicable all relevant data and 
information, including, if relevant, that contained in the report 
prepared pursuant to subsection (a) of this section.
    (2) The determination made pursuant to paragraph (1) of this 
subsection shall not be construed to affect, enlarge, modify, or 
diminish any inventory, valuation, or classification required by the 
Interstate Commerce Commission pursuant to subchapter V \2\ of chapter 
107 of title 49.
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    \2\ See References in Text note below.
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(Pub. L. 97-468, title VI, Sec. 605(a)-(d), Jan. 14, 1983, 96 Stat. 
2562, 2563.)

                       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, Sec. 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 subject 
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.

  Abolition of Interstate Commerce Commission and Transfer of Functions

    Interstate Commerce Commission abolished and functions of Commission 
transferred, except as otherwise provided in Pub. L. 104-88, to Surface 
Transportation Board effective Jan. 1, 1996, by section 702 of Title 49, 
Transportation, and section 101 of Pub. L. 104-88, set out as a note 
under section 701 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 appropriate, 
see section 205 of Pub. L. 104-88, set out as a note under section 701 
of Title 49.

Abolition of United States Railway Association and Transfer of Functions 
                             and Securities

    See section 1341 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 712, 1203, 1205, 1210, 1212 
of this title.
