
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: 45USC1208]

 
                           TITLE 45--RAILROADS
 
                  CHAPTER 21--ALASKA RAILROAD TRANSFER
 
Sec. 1208. Future rights-of-way


(a) Access across Federal lands; application approval

    After January 14, 1983, the State or State-owned railroad may 
request the Secretary of the Interior or the Secretary of Agriculture, 
as appropriate under law, to expeditiously approve an application for a 
right-of-way in order that the Alaska Railroad or State-owned railroad 
may have access across Federal lands for transportation and related 
purposes. The State or State-owned railroad may also apply for a lease, 
permit, or conveyance of any necessary or convenient terminal and 
station grounds and material sites in the vicinity of the right-of-way 
for which an application has been submitted.

(b) Consultative requirements prior to approval of application; 
        conformance of rights-of-way, etc.

    Before approving a right-of-way application described in subsection 
(a) of this section, the Secretary of the Interior or the Secretary of 
Agriculture, as appropriate, shall consult with the Secretary. Approval 
of an application for a right-of-way, permit, lease, or conveyance 
described in subsection (a) of this section shall be pursuant to 
applicable law. Rights-of-way, grounds, and sites granted pursuant to 
this section and other applicable law shall conform, to the extent 
possible, to the standards provided in the Act of March 12, 1914 (43 
U.S.C. 975 et seq.) and section 1202(6) of this title. Such conformance 
shall not be affected by the repeal of such Act under section 615 of 
this title.\1\
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    \1\ See References in Text note below.
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(c) Reversion to United States

    Reversion to the United States of any portion of any right-of-way or 
exclusive-use easement granted to the State or State-owned railroad 
shall occur only as provided in section 1209 of this title. For purposes 
of such section, the date of the approval of any such right-of-way shall 
be deemed the ``date of transfer''.

(Pub. L. 97-468, title VI, Sec. 609, Jan. 14, 1983, 96 Stat. 2574.)

                       References in Text

    Act of March 12, 1914 (43 U.S.C. 975 et seq.), referred to in 
subsec. (b), is act Mar. 12, 1914, ch. 37, 38 Stat. 305, as amended, 
popularly known as the Alaska Railroad Act, 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 615 of this title, referred to in subsec. (b), means section 
615 of title VI of Pub. L. 97-468, Jan. 14, 1983, 96 Stat. 2577. Title 
VI of Pub. L. 97-468 is known as the Alaska Railroad Transfer Act of 
1982 and is classified principally to this chapter. Under section 615, 
the repeal is effective on the date of transfer to the State of Alaska 
(pursuant to section 1203 of this title) or other disposition (pursuant 
to section 1210 of this title), whichever first occurs.

                  Section Referred to in Other Sections

    This section is referred to in sections 1202, 1212 of this title.
