45 U.S.C. § 1202 : US Code - Section 1202: Definitions

Search 45 U.S.C. § 1202 : US Code - Section 1202: Definitions

As used in this chapter, the term -
(1) "Alaska Railroad" means the agency of the United States
Government that is operated by the Department of Transportation
as a rail carrier in Alaska under authority of the Act of March
12, 1914 (43 U.S.C. 975 et seq.) (popularly referred to as the
"Alaska Railroad Act") and section 6(i) (!1) of the Department of
Transportation Act, or, as the context requires, the railroad
operated by that agency;
(2) "Alaska Railroad Revolving Fund" means the public
enterprise fund maintained by the Department of the Treasury into
which revenues of the Alaska Railroad and appropriations for the
Alaska Railroad are deposited, and from which funds are expended
for Alaska Railroad operation, maintenance and construction work
authorized by law;
(3) "claim of valid existing rights" means any claim to the
rail properties of the Alaska Railroad on record in the
Department of the Interior as of January 13, 1983;
(4) "date of transfer" means the date on which the Secretary
delivers to the State the four documents referred to in section
1203(b)(1) of this title;
(5) "employees" means all permanent personnel employed by the
Alaska Railroad on the date of transfer, including the officers
of the Alaska Railroad, unless otherwise indicated in this
chapter;
(6) "exclusive-use easement" means an easement which affords to
the easement holder the following:
(A) the exclusive right to use, possess, and enjoy the
surface estate of the land subject to this easement for
transportation, communication, and transmission purposes and
for support functions associated with such purposes;
(B) the right to use so much of the subsurface estate of the
lands subject to this easement as is necessary for the
transportation, communication, and transmission purposes and
associated support functions for which the surface of such
lands is used;
(C) subjacent and lateral support of the lands subject to the
easement; and
(D) the right (in the easement holder's discretion) to fence
all or part of the lands subject to this easement and to affix
track, fixtures, and structures to such lands and to exclude
other persons from all or part of such lands;
(7) "Native Corporation" has the same meaning as such term has
under section 102(6) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3102(6));
(8) "officers of the Alaska Railroad" means the employees
occupying the following positions at the Alaska Railroad as of
the day before the date of transfer: General Manager; Assistant
General Manager; Assistant to the General Manager; Chief of
Administration; and Chief Counsel;
(9) "public lands" has the same meaning as such term has under
section 3(e) of the Alaska Native Claims Settlement Act (43
U.S.C. 1602(e));
(10) "rail properties of the Alaska Railroad" means all right,
title, and interest of the United States to lands, buildings,
facilities, machinery, equipment, supplies, records, rolling
stock, trade names, accounts receivable, goodwill, and other real
and personal property, both tangible and intangible, in which
there is an interest reserved, withdrawn, appropriated, owned,
administered or otherwise held or validly claimed for the Alaska
Railroad by the United States or any agency or instrumentality
thereof as of January 14, 1983, but excluding any such properties
disposed of, and including any such properties acquired, in the
ordinary course of business after that date but before the date
of transfer, and also including the exclusive-use easement within
the Denali National Park and Preserve conveyed to the State
pursuant to this chapter and also excluding the following:
(A) the unexercised reservation to the United States for
future rights-of-way required in all patents for land taken up,
entered, or located in Alaska, as provided by the Act of March
12, 1914 (43 U.S.C. 975 et seq.);
(B) the right of the United States to exercise the power of
eminent domain;
(C) any moneys in the Alaska Railroad Revolving Fund which
the Secretary demonstrates, in consultation with the State, are
unobligated funds appropriated from general tax revenues or are
needed to satisfy obligations incurred by the United States in
connection with the operation of the Alaska Railroad which
would have been paid from such Fund but for this chapter and
which are not assumed by the State pursuant to this chapter;
(D) any personal property which the Secretary demonstrates,
in consultation with the State, prior to the date of transfer
under section 1203 of this title, to be necessary to carry out
functions of the United States after the date of transfer; and
(E) any lands or interest therein (except as specified in
this chapter) within the boundaries of the Denali National Park
and Preserve;
(11) "right-of-way" means, except as used in section 1208 of
this title -
(A) an area extending not less than one hundred feet on both
sides of the center line of any main line or branch line of the
Alaska Railroad; or
(B) an area extending on both sides of the center line of any
main line or branch line of the Alaska Railroad appropriated or
retained by or for the Alaska Railroad that, as a result of
military jurisdiction over, or non-Federal ownership of, lands
abutting the main line or branch line, is of a width less than
that described in subparagraph (A) of this paragraph;
(12) "Secretary" means the Secretary of Transportation;
(13) "State" means the State of Alaska or the State-owned
railroad, as the context requires;
(14) "State-owned railroad" means the authority, agency,
corporation or other entity which the State of Alaska designates
or contracts with to own, operate or manage the rail properties
of the Alaska Railroad or, as the context requires, the railroad
owned, operated, or managed by such authority, agency,
corporation, or other entity; and
(15) "Village Corporation" has the same meaning as such term
has under section 3(j) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602(j)).