(Pub. L. 97–468, title VI, § 604,Jan. 14, 1983, 96 Stat. 2559; Pub. L. 108–7, div. I, title III, § 345(5),Feb. 20, 2003, 117 Stat. 418; Pub. L. 108–447, div. H, title I, § 152(3),Dec. 8, 2004, 118 Stat. 3222.)
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
, as amended, popularly known as the Alaska Railroad Act, which enacted section
, Conservation, and sections
, Public Lands, and which was repealed by section 615(a)(1) ofPub. L. 97–468
effective on the date of transfer of Alaska Railroad to the State [Jan. 5, 1985], pursuant to this 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
of this title) or other disposition (pursuant to section
of this title), whichever first occurs.
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
, as amended, 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
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
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.”
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.
“(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
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
“(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
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
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.”