§1202 Definitions

Summary

Defines the main words used for handling the Alaska Railroad transfer and operation. Alaska Railroad — the federal agency that the Department of Transportation runs as the rail carrier in Alaska under the Act of March 12, 1914 (43 U.S.C. 975 et seq.) and the Department of Transportation Act, or the railroad it operates. Alaska Railroad Revolving Fund — the Treasury fund where the railroad’s revenues and appropriations are kept and from which authorized railroad expenses are paid. Claim of valid existing rights — any claim to railroad property on file with the Department of the Interior as of January 13, 1983. Date of transfer — the day the Secretary of Transportation gives the State the four transfer documents listed in section 1203(b)(1). Employees — all permanent Alaska Railroad workers on the date of transfer, including officers unless the chapter says otherwise. Exclusive-use easement — a right that lets the holder exclusively use the land surface (and needed subsurface) for transportation, communication, transmission, and related support; it includes support of the land, the right to fence, put in tracks and structures, and exclude others. Native Corporation — the term as defined in section 102(6) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102(6)). Officers of the Alaska Railroad — the people holding General Manager; Assistant General Manager; Assistant to the General Manager; Chief of Administration; and Chief Counsel the day before the date of transfer. Public lands — the meaning given in section 3(e) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(e)). Rail properties of the Alaska Railroad — all U.S. rights and interests in lands, buildings, equipment, records, rolling stock, trade names, accounts, goodwill, and other property held for the railroad as of January 14, 1983 (plus ordinary business acquisitions before transfer and the Denali exclusive-use easement), but excluding the unexercised reservation for future rights-of-way in 1914 Act patents, the United States’ power of eminent domain, certain unobligated or obligation-related monies in the Revolving Fund the Secretary identifies, any personal property the Secretary shows is needed by the United States after transfer, and lands inside Denali National Park and Preserve except as this chapter specifies. Right-of-way — normally an area at least one hundred feet on each side of the center line of any main or branch line, or a narrower area if justified by military jurisdiction or non-Federal ownership next to the line. Secretary — the Secretary of Transportation. State — the State of Alaska or the State-owned railroad, as the context requires. State-owned railroad — the authority, agency, corporation, or other entity the State names or contracts with to own, operate, or manage the Alaska Railroad properties, or the railroad they own or run. Village Corporation — the term as defined in section 3(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(j)).