45 U.S.C. § 1203 : US Code - Section 1203: Transfer authorization

Search 45 U.S.C. § 1203 : US Code - Section 1203: Transfer authorization

(a) Authority of Secretary; time, manner, etc., of transfer
Subject to the provisions of this chapter, the United States,
through the Secretary, shall transfer all rail properties of the
Alaska Railroad to the State. Such transfer shall occur as soon as
practicable after the Secretary has made the certifications
required by subsection (d) of this section and shall be
accomplished in the manner specified in subsection (b) of this
section.
(b) Simultaneous and interim transfers, conveyances, etc.
(1) On the date of transfer, the Secretary shall simultaneously:
(A) deliver to the State a bill of sale conveying title to all
rail properties of the Alaska Railroad except any interest in
real property;
(B) deliver to the State an interim conveyance of the rail
properties of the Alaska Railroad that are not conveyed pursuant
to subparagraph (A) of this paragraph and are not subject to
unresolved claims of valid existing rights;
(C) deliver to the State an exclusive license granting the
State the right to use all rail properties of the Alaska Railroad
not conveyed pursuant to subparagraphs (A) or (B) of this
paragraph pending conveyances in accordance with the review and
settlement or final administrative adjudication of claims of
valid existing rights;
(D) convey to the State a deed granting the State (i) an
exclusive-use easement for that portion of the right-of-way of
the Alaska Railroad within the Denali National Park and Preserve
extending not less than one hundred feet on either side of the
main or branch line tracks, and eight feet on either side of the
centerline of the "Y" track connecting the main line of the
railroad to the power station at McKinley Park Station and (ii)
title to railroad-related improvements within such right-of-way.
Prior to taking the action specified in subparagraphs (A) through
(D) of this paragraph, the Secretary shall consult with the
Secretary of the Interior. The exclusive-use easement granted
pursuant to subparagraph (D) of this paragraph and all rights
afforded by such easement shall be exercised only for railroad
purposes, and for such other transportation, transmission, or
communication purposes for which lands subject to such easement
were utilized as of January 14, 1983.
(2) The Secretary shall deliver to the State an interim
conveyance of rail properties of the Alaska Railroad described in
paragraph (1)(C) of this subsection that become available for
conveyance to the State after the date of transfer as a result of
settlement, relinquishment, or final administrative adjudication
pursuant to section 1205 of this title. Where the rail properties
to be conveyed pursuant to this paragraph are surveyed at the time
they become available for conveyance to the State, the Secretary
shall deliver a patent therefor in lieu of an interim conveyance.
(3) The force and effect of an interim conveyance made pursuant
to paragraphs (1)(B) or (2) of this subsection shall be to convey
to and vest in the State exactly the same right, title, and
interest in and to the rail properties identified therein as the
State would have received had it been issued a patent by the United
States. The Secretary of the Interior shall survey the land
conveyed by an interim conveyance to the State pursuant to
paragraphs (1)(B) or (2) of this subsection and, upon completion of
the survey, the Secretary shall issue a patent therefor.
(4) The license granted pursuant to paragraph (1)(C) of this
subsection shall authorize the State to use, occupy, and directly
receive all benefits of the rail properties described in the
license for the operation of the State-owned railroad in conformity
with the Memorandum of Understanding referred to in section
1205(b)(3) of this title. The license shall be exclusive, subject
only to valid leases, permits, and other instruments issued before
the date of transfer and easements reserved pursuant to subsection
(c)(2) of this section. With respect to any parcel conveyed
pursuant to this chapter, the license shall terminate upon
conveyance of such parcel.
(c) Reservations to United States in interim conveyances and
patents
(1) Interim conveyances and patents issued to the State pursuant
to subsection (b) of this section shall confirm, convey and vest in
the State all reservations to the United States (whether or not
expressed in a particular patent or document of title), except the
unexercised reservations to the United States for future rights-of-
way made or required by the first section of the Act of March 12,
1914 (43 U.S.C. 975d). The conveyance to the State of such
reservations shall not be affected by the repeal of such Act under
section 615 of this title.(!1)
(2) In the license granted under subsection (b)(1)(C) of this
section and in all conveyances made to the State under this
chapter, there shall be reserved to the Secretary of the Interior,
the Secretary of Defense and the Secretary of Agriculture, as
appropriate, existing easements for administration (including
agency transportation and utility purposes) that are identified in
the report required by section 1204(a) of this title. The
appropriate Secretary may obtain, only after consent of the State,
such future easements as are necessary for administration. Existing
and future easements and use of such easements shall not interfere
with operations and support functions of the State-owned railroad.
(3) There shall be reserved to the Secretary of the Interior the
right to use and occupy, without compensation, five thousand square
feet of land at Talkeetna, Alaska, as described in ARR lease
numbered 69-25-0003-5165 for National Park Service administrative
activities, so long as the use or occupation does not interfere
with the operation of the State-owned railroad. This reservation
shall be effective on the date of transfer under this section or
the expiration date of such lease, whichever is later.
(d) Certifications by Secretary; scope, subject matter, etc.
(1) Prior to the date of transfer, the Secretary shall certify
that the State has agreed to operate the railroad as a rail carrier
in intrastate and interstate commerce.
(2)(A) Prior to the date of transfer, the Secretary shall also
certify that the State has agreed to assume all rights,
liabilities, and obligations of the Alaska Railroad on the date of
transfer, including leases, permits, licenses, contracts,
agreements, claims, tariffs, accounts receivable, and accounts
payable, except as otherwise provided by this chapter.
(B) Notwithstanding the provisions of subparagraph (A) of this
paragraph, the United States shall be solely responsible for -
(i) all claims and causes of action against the Alaska Railroad
that accrue on or before the date of transfer, regardless of the
date on which legal proceedings asserting such claims were or may
be filed, except that the United States shall, in the case of any
tort claim, only be responsible for any such claim against the
United States that accrues before the date of transfer and
results in an award, compromise, or settlement of more than
$2,500, and the United States shall not compromise or settle any
claim resulting in State liability without the consent of the
State, which consent shall not be unreasonably withheld; and
(ii) all claims that resulted in a judgment or award against
the Alaska Railroad before the date of transfer.
(C) For purposes of subparagraph (B) of this paragraph, the term
"accrue" shall have the meaning contained in section 2401 of title
28.
(D) Any hazardous substance, petroleum or other contaminant
release at or from the State-owned rail properties that began prior
to January 5, 1985, shall be and remain the liability of the United
States for damages and for the costs of investigation and cleanup.
Such liability shall be enforceable under 42 U.S.C. 9601 et
seq.(!1) for any release described in the preceding sentence.
(3)(A) Prior to the date of transfer, the Secretary shall also
certify that the State-owned railroad has established arrangements
pursuant to section 1206 of this title to protect the employment
interests of employees of the Alaska Railroad during the two-year
period commencing on the date of transfer. These arrangements shall
include provisions -
(i) which ensure that the State-owned railroad will adopt
collective bargaining agreements in accordance with the
provisions of subparagraph (B) of this paragraph;
(ii) for the retention of all employees, other than officers of
the Alaska Railroad, who elect to transfer to the State-owned
railroad in their same positions for the two-year period
commencing on the date of transfer, except in cases of
reassignment, separation for cause, resignation, retirement, or
lack of work;
(iii) for the payment of compensation to transferred employees
(other than employees provided for in subparagraph (E) of this
paragraph), except in cases of separation for cause, resignation,
retirement, or lack of work, for two years commencing on the date
of transfer at or above the base salary levels in effect for such
employees on the date of transfer, unless the parties otherwise
agree during that two-year period;
(iv) for priority of reemployment at the State-owned railroad
during the two-year period commencing on the date of transfer for
transferred employees who are separated for lack of work, in
accordance with subparagraph (C) of this paragraph (except for
officers of the Alaska Railroad, who shall receive such priority
for one year following the date of transfer);
(v) for credit during the two-year period commencing on the
date of transfer for accrued annual and sick leave, seniority
rights, and relocation and turnaround travel allowances which
have been accrued during their period of Federal employment by
transfered (!2) employees retained by the State-owned railroad
(except for officers of the Alaska Railroad, who shall receive
such credit for one year following the date of transfer);
(vi) for payment to transferred employees retained by the State-
owned railroad during the two-year period commencing on the date
of transfer, including for one year officers retained or
separated under subparagraph (E) of this paragraph, of an amount
equivalent to the cost-of-living allowance to which they are
entitled as Federal employees on the day before the date of
transfer, in accordance with the provisions of subparagraph (D)
of this paragraph; and
(vii) for health and life insurance programs for transferred
employees retained by the State-owned railroad during the two-
year period commencing on the date of transfer, substantially
equivalent to the Federal health and life insurance programs
available to employees on the day before the date of transfer
(except for officers of the Alaska Railroad, who shall receive
such credit for one year following the date of transfer).
(B) The State-owned railroad shall adopt all collective
bargaining agreements which are in effect on the date of transfer.
Such agreements shall continue in effect for the two-year period
commencing on the date of transfer, unless the parties agree to the
contrary before the expiration of that two-year period. Such
agreements shall be renegotiated during the two-year period, unless
the parties agree to the contrary. Any labor-management negotiation
impasse declared before the date of transfer shall be settled in
accordance with chapter 71 of title 5. Any impasse declared after
the date of transfer shall be subject to applicable State law.
(C) Federal service shall be included in the computation of
seniority for transferred employees with priority for reemployment,
as provided in subparagraph (A)(iv) of this paragraph.
(D) Payment to transferred employees pursuant to subparagraph
(A)(vi) of this paragraph shall not exceed the percentage of any
transferred employee's base salary level provided by the United
States as a cost-of-living allowance on the day before the date of
transfer, unless the parties agree to the contrary.
(E) Prior to the date of transfer, the Secretary shall also
certify that the State-owned railroad has agreed to the retention,
for at least one year from the date of transfer, of the offices of
the Alaska Railroad, except in cases of separation for cause,
resignation, retirement, or lack of work, at or above their base
salaries in effect on the date of transfer, in such positions as
the State-owned railroad may determine; or to the payment of lump-
sum severance pay in an amount equal to such base salary for one
year to officers not retained by the State-owned railroad upon
transfer or, for officers separated within one year on or after the
date of transfer, of a portion of such lump-sum severance payment
(diminished pro rata for employment by the State-owned railroad
within one year of the date of transfer prior to separation).
(4) Prior to the date of transfer, the Secretary shall also
certify that the State has agreed to allow representatives of the
Secretary adequate access to employees and records of the Alaska
Railroad when needed for the performance of functions related to
the period of Federal ownership.
(5) Prior to the date of transfer, the Secretary shall also
certify that the State has agreed to compensate the United States
at the value, if any, determined pursuant to section 1204(d) of
this title.