
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: 45USC1207]

 
                           TITLE 45--RAILROADS
 
                  CHAPTER 21--ALASKA RAILROAD TRANSFER
 
Sec. 1207. State operation


(a) Laws, authorities, etc., applicable to State-owned railroad with 
        status as rail carrier engaged in interstate and foreign 
        commerce

    (1) After the date of transfer to the State pursuant to section 1203 
of this title, the State-owned railroad shall be a rail carrier engaged 
in interstate and foreign commerce subject to part A of subtitle IV of 
title 49 and all other Acts applicable to rail carriers subject to that 
chapter,\1\ including the antitrust laws of the United States, except, 
so long as it is an instrumentality of the State of Alaska, the Railroad 
Retirement Act of 1974 (45 U.S.C. 231 et seq.), the Railroad Retirement 
Tax Act (26 U.S.C. 3201 et seq.), the Railway Labor Act (45 U.S.C. 151 
et seq.), the Act of April 22, 1908 (45 U.S.C. 51 et seq.) (popularly 
referred to as the ``Federal Employers' Liability Act''), and the 
Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.). Nothing in 
this chapter shall preclude the State from explicitly invoking by law 
any exemption from the antitrust laws as may otherwise be available.
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    \1\ So in original. Probably should be ``that part,''.
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    (2) The transfer to the State authorized by section 1203 of this 
title and the conferral of jurisdiction to the Interstate Commerce 
Commission pursuant to paragraph (1) of this subsection are intended to 
confer upon the State-owned railroad all business opportunities 
available to comparable railroads, including contract rate agreements 
meeting the requirements of section 10713 \2\ of title 49, 
notwithstanding any participation in such agreements by connecting water 
carriers.
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    \2\ See References in Text note below.
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    (3) All memoranda which sanction noncompliance with Federal railroad 
safety regulations contained in 49 CFR Parts 209-236, and which are in 
effect on the date of transfer, shall continue in effect according to 
their terms as ``waivers of compliance'' (as that term is used in 
section 20103(d) of title 49).
    (4) The operation of trains by the State-owned railroad shall not be 
subject to the requirement of any State or local law which specifies the 
minimum number of crew members which must be employed in connection with 
the operation of such trains.
    (5) Revenues generated by the State-owned railroad shall be retained 
and managed by the State-owned railroad for railroad and related 
purposes.
    (6)(A) After the date of transfer, continued operation of the Alaska 
Railroad by a public corporation, authority or other agency of the State 
shall be deemed to be an exercise of an essential governmental function, 
and revenue derived from such operation shall be deemed to accrue to the 
State for the purposes of section 115(a)(1) of title 26. Obligations 
issued by such entity shall also be deemed obligations of the State for 
the purposes of section 103(a)(1) \2\ of title 26, but not obligations 
within the meaning of section 103(b)(2) \2\ of title 26.
    (B) Nothing in this chapter shall be deemed or construed to affect 
customary tax treatment of private investment in the equipment or other 
assets that are used or owned by the State-owned railroad.

(b) Procedures for issuance of certificate of public convenience and 
        necessity; inventory, valuation, or classification of property; 
        additional laws, authorities, etc., applicable

    As soon as practicable after January 14, 1983, the Interstate 
Commerce Commission shall promulgate an expedited, modified procedure 
for providing on the date of transfer a certificate of public 
convenience and necessity to the State-owned railroad. No inventory, 
valuation, or classification of property owned or used by the State-
owned railroad pursuant to subchapter V \2\ of chapter 107 of title 49 
shall be required during the two-year period after the date of transfer. 
The provisions of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and section 382(b) of the Energy Policy and 
Conservation Act (42 U.S.C. 6362(b)) shall not apply to actions of the 
Commission under this subsection.

(c) Eligibility for participation in Federal railroad assistance 
        programs

    The State-owned railroad shall be eligible to participate in all 
Federal railroad assistance programs on a basis equal to that of other 
rail carriers subject to part A of subtitle IV of title 49.

(d) Laws and regulations applicable to national forest and park lands; 
        limitations on Federal actions

    After the date of transfer to the State pursuant to section 1203 of 
this title, the portion of the rail properties within the boundaries of 
the Chugach National Forest and the exclusive-use easement within the 
boundaries of the Denali National Park and Preserve shall be subject to 
laws and regulations for the protection of forest and park values. The 
right to fence the exclusive-use easement within Denali National Park 
and Preserve shall be subject to the concurrence of the Secretary of the 
Interior. The Secretary of the Interior, or the Secretary of Agriculture 
where appropriate, shall not act pursuant to this subsection without 
consulting with the Governor of the State of Alaska or in such a manner 
as to unreasonably interfere with continued or expanded operations and 
support functions authorized under this chapter.

(Pub. L. 97-468, title VI, Sec. 608, Jan. 14, 1983, 96 Stat. 2573; Pub. 
L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 104-88, title 
III, Sec. 326, Dec. 29, 1995, 109 Stat. 951.)

                       References in Text

    The antitrust laws of the United States, referred to in subsec. 
(a)(1), are classified generally to chapter 1 (Sec. 1 et seq.) of Title 
15, Commerce and Trade.
    The Railroad Retirement Act of 1974, referred to in subsec. (a)(1), 
is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93-445, 
title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which is classified 
generally to subchapter IV (Sec. 231 et seq.) of chapter 9 of this 
title. For further details and complete classification of this Act to 
the Code, see Codification note set out preceding section 231 of this 
title, section 231t of this title, and Tables.
    The Railroad Retirement Tax Act, referred to in subsec. (a)(1), is 
act Aug. 16, 1954, ch. 736, Secs. 3201, 3202, 3211, 3212, 3221, and 3231 
to 3233, 68A Stat. 431, as amended, which is classified generally to 
chapter 22 (Sec. 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 Tables.
    The Railway Labor Act, referred to in subsec. (a)(1), is act May 20, 
1926, ch. 347, 44 Stat. 577, as amended, which is classified principally 
to chapter 8 (Sec. 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, as amended, and is 
classified generally to chapter 2 (Sec. 51 et seq.) of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 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, as amended, which 
is classified principally to chapter 11 (Sec. 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, Sec. 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 related to 
interest on certain governmental obligations was amended generally by 
Pub. L. 99-514, title XIII, Sec. 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 applicability 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, Sec. 102(a), Dec. 29, 1995, 
109 Stat. 804.
    The National Environmental Policy Act of 1969, referred to in 
subsec. (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, 
which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 
42, The Public Health and Welfare. 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'' substituted 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, Sec. 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

    1995--Subsecs. (a)(1), (c). Pub. L. 104-88 substituted ``part A'' 
for ``the jurisdiction of the Interstate Commerce Commission under 
chapter 105''.
    1986--Subsec. (a)(6)(A). Pub. L. 99-514 substituted ``Internal 
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.


                    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 701 of 
Title 49, Transportation.

  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.


                             Alaska Railroad

    Pub. L. 105-178, title VII, Sec. 7204, June 9, 1998, 112 Stat. 477, 
provided that:
    ``(a) Grants.--The Secretary may make grants to the Alaska Railroad 
for capital rehabilitation of and improvements to its passenger 
services.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,250,000 for each of fiscal 
years 1998 through 2003.''

                  Section Referred to in Other Sections

    This section is referred to in title 26 section 149.
