1
See References in Text note below.
References in Text
Act of March 12, 1914, and such Act, referred to in subsec. (c)(1), is [act Mar. 12, 1914, ch. 37], [38 Stat. 305], 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which enacted section 353a of Title 16, Conservation, and sections 975 to 975g of Title 43, Public Lands, and which was repealed by [section 615(a)(1) of Pub.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 this section.
Section 615 of this title, referred to in subsec. (c)(1), 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.
42 U.S.C. 9601 et seq., referred to in subsec. (d)(2)(D), probably means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, [Pub. L. 96–510], Dec. 11, 1980, [94 Stat. 2767], which is classified principally to chapter 103 (§ 9601 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 9601 of Title 42 and Tables.
Amendments
2004—Subsec. (d)(2)(D). [Pub. L. 108–447] added subpar. (D).
2003—Subsec. (b)(1). [Pub. L. 108–7] struck out at end: “In the event of reversion to the United States, pursuant to section 1209 of this title, of the State’s interests in all or part of the lands subject to such easement, such easement shall terminate with respect to the lands subject to such reversion, and no new exclusive-use easement with respect to such reverted lands shall be granted except by Act of Congress.”
Statutory Notes and Related Subsidiaries
Transfer of Alaska Railroad to State of Alaska
The State of Alaska accepted the certification requirements of the Alaska Railroad Transfer Act [this chapter] by 1984 SLA ch. 54, eff. May 19, 1984. Thereafter, by 1984 SLA ch. 153, eff. July 6, 1984, the Alaska Railroad Corporation was established to manage and operate the Alaska Railroad. The transfer of the Alaska Railroad to the State of Alaska was carried out on January 5, 1985.
Denali National Park and Alaska Railroad Corporation Exchange
[Pub. L. 110–229, title III, § 351], May 8, 2008, [122 Stat. 800], provided that:“(a)
Definitions.—
In this section:
“(1)
Corporation.—
The term ‘Corporation’ means the Alaska Railroad Corporation owned by the State of Alaska.
“(2)
Secretary.—
The term ‘Secretary’ means the Secretary of the Interior.
“(b)
Exchange.—
“(1)
In general.—
“(A)
Easement expanded.—
The Secretary is authorized to grant to the Alaska Railroad Corporation an exclusive-use easement on land that is identified by the Secretary within Denali National Park for the purpose of providing a location to the Corporation for construction, maintenance, and on-going operation of track and associated support facilities for turning railroad trains around near Denali Park Station.
“(B)
Easement relinquished.—
In exchange for the easement granted in subparagraph (A), the Secretary shall require the relinquishment of certain portions of the Corporation’s existing exclusive use easement within the boundary of Denali National Park.
“(2)
Conditions of the exchange.—
“(A)
Equal exchange.—
The exchange of easements under this section shall be on an approximately equal-acre basis.
“(B)
Total acres.—
The easement granted under paragraph (1)(A) shall not exceed 25 acres.
“(C)
Interests conveyed.—
The easement conveyed to the Alaska Railroad Corporation by the Secretary under this section shall be under the same terms as the exclusive use easement granted to the Railroad in Denali National Park in the Deed for Exclusive Use Easement and Railroad Related Improvements filed in Book 33, pages 985–994 of the Nenana Recording District, Alaska, pursuant to the Alaska Railroad Transfer Act of 1982 (
45 U.S.C. 1201 et seq.). The easement relinquished by the Alaska Railroad Corporation to the United States under this section shall, with respect to the portion being exchanged, be the full title and interest received by the Alaska Railroad in the Deed for Exclusive Use Easement and Railroad Related Improvements filed in Book 33, pages 985–994 of the Nenana Recording District, Alaska, pursuant to the Alaska Railroad Transfer Act of 1982 (
45 U.S.C. 1201 et seq.).
“(D)
Costs.—
The Alaska Railroad shall pay all costs associated with the exchange under this section, including the costs of compliance with the National Environmental Policy Act of 1969 (
42 U.S.C. 4321 et seq.), the costs of any surveys, and other reasonable costs.
“(E)
Land to be part of wilderness.—
The land underlying any easement relinquished to the United States under this section that is adjacent to designated wilderness is hereby designated as wilderness and added to the Denali Wilderness, the boundaries of which are modified accordingly, and shall be managed in accordance with applicable provisions of the Wilderness Act (
[78 Stat. 892]) [
16 U.S.C. 1131 et seq.] and the Alaska National Interest Lands Conservation Act of 1980 (
[94 Stat. 2371]) [see Tables for classification].
“(F)
Other terms and conditions.—
The Secretary shall require any additional terms and conditions under this section that the Secretary determines to be appropriate to protect the interests of the United States and of Denali National Park.”