
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: 45USC1209]

 
                           TITLE 45--RAILROADS
 
                  CHAPTER 21--ALASKA RAILROAD TRANSFER
 
Sec. 1209. Reversion


(a) Reversion or payment to Federal Government for conversion to use 
        preventing State-owned railroad from continuing to operate

    If, within ten years after the date of transfer to the State 
authorized by section 1203 of this title, the Secretary finds that all 
or part of the real property transferred to the State under this 
chapter, except that portion of real property which lies within the 
boundaries of the Denali National Park and Preserve, is converted to a 
use that would prevent the State-owned railroad from continuing to 
operate, that real property (including permanent improvements to the 
property) shall revert to the United States Government, or (at the 
option of the State) the State shall pay to the United States Government 
an amount determined to be the fair market value of that property at the 
time its conversion prevents continued operation of the railroad.

(b) Reversion upon discontinuance by State of use of any land within 
        right-of-way; criteria for discontinuance

    If, after the date of transfer pursuant to section 1203 of this 
title, the State discontinues use of any land within the right-of-way, 
the State's interest in such land shall revert to the United States. The 
State shall be considered to have discontinued use within the meaning of 
this subsection and subsection (d) of this section when:
        (1) the Governor of the State of Alaska delivers to the 
    Secretary of the Interior a notice of such discontinuance, including 
    a legal description of the property subject to the notice, and a 
    quitclaim deed thereto; or
        (2) the State has made no use of the land for a continuous 
    period of eighteen years for transportation, communication, or 
    transmission purposes. Notice of such discontinuance shall promptly 
    be published in the Federal Register by the Secretary, the Secretary 
    of the Interior, or the Secretary of Agriculture, and reversion 
    shall be effected one year after such notice, unless within such 
    one-year period the State brings an appropriate action in the United 
    States District Court for the District of Alaska to establish that 
    the use has been continuing without an eighteen-year lapse. Any such 
    action shall have the effect of staying reversion until exhaustion 
    of appellate review from the final judgment in that action or 
    termination of the right to seek such review, whichever first 
    occurs.

(c) Conveyances by United States subsequent to reversion

    Upon such reversion pursuant to subsection (b) of this section, the 
Secretary of the Interior shall immediately convey by patent to abutting 
landowners all right, title and interest of the United States. Where 
land abutting the reverted right-of-way is owned by different persons or 
entities, the conveyance made pursuant to this subsection shall extend 
the property of each abutting owner to the centerline of the right-of-
way.

(d) Discontinuance by State of use of national park or forest lands; 
        jurisdiction upon reversion

    If use is discontinued (as that term is used in subsection (b) of 
this section) of all or part of those properties of the Alaska Railroad 
transferred to the State pursuant to this chapter which lie within the 
boundaries of the Denali National Park and Preserve or the Chugach 
National Forest, such properties or part thereof (including permanent 
improvements to the property) shall revert to the United States and 
shall not be subject to subsection (c) of this section. Upon such 
reversion, jurisdiction over that property shall be transferred to the 
Secretary of the Interior or the Secretary of Agriculture, as 
appropriate, for administration as part of the Denali National Park and 
Preserve or the Chugach National Forest.

(e) Payment into Treasury of United States of excess proceeds from sale 
        or transfer of all or substantially all of State-owned railroad; 
        limitations

    Except as provided in subsections (a) through (d) of this section, 
if, within five years after the date of transfer to the State pursuant 
to section 1203 of this title, the State sells or transfers all or 
substantially all of the State-owned railroad to an entity other than an 
instrumentality of the State, the proceeds from the sale or transfer 
that exceed the cost of any rehabilitation and improvement made by the 
State for the State-owned railroad and any net liabilities incurred by 
the State for the State-owned railroad shall be paid into the general 
fund of the Treasury of the United States.

(f) Enforcement by Attorney General

    The Attorney General, upon the request of the Secretary, the 
Secretary of the Interior, or the Secretary of Agriculture, shall 
institute appropriate proceedings to enforce this section in the United 
States District Court for the District of Alaska.

(Pub. L. 97-468, title VI, Sec. 610, Jan. 14, 1983, 96 Stat. 2575.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1203, 1208 of this title.
