45 U.S.C. § 1207 : US Code - Section 1207: State operation

Search 45 U.S.C. § 1207 : US Code - Section 1207: State operation

(a) Laws, authorities, etc., applicable to State-owned railroad
with status as rail carrier engaged in interstate and foreign
commerce
(1) After the date of transfer to the State pursuant to section
1203 of this title, the State-owned railroad shall be a rail
carrier engaged in interstate and foreign commerce subject to part
A of subtitle IV of title 49 and all other Acts applicable to rail
carriers subject to that chapter,(!1) including the antitrust laws
of the United States, except, so long as it is an instrumentality
of the State of Alaska, the Railroad Retirement Act of 1974 (45
U.S.C. 231 et seq.), the Railroad Retirement Tax Act (26 U.S.C.
3201 et seq.), the Railway Labor Act (45 U.S.C. 151 et seq.), the
Act of April 22, 1908 (45 U.S.C. 51 et seq.) (popularly referred to
as the "Federal Employers' Liability Act"), and the Railroad
Unemployment Insurance Act (45 U.S.C. 351 et seq.). Nothing in this
chapter shall preclude the State from explicitly invoking by law
any exemption from the antitrust laws as may otherwise be
available.
(2) The transfer to the State authorized by section 1203 of this
title and the conferral of jurisdiction to the Interstate Commerce
Commission pursuant to paragraph (1) of this subsection are
intended to confer upon the State-owned railroad all business
opportunities available to comparable railroads, including contract
rate agreements meeting the requirements of section 10713 (!2) of
title 49, notwithstanding any participation in such agreements by
connecting water carriers.
(3) All memoranda which sanction noncompliance with Federal
railroad safety regulations contained in 49 CFR Parts 209-236, and
which are in effect on the date of transfer, shall continue in
effect according to their terms as "waivers of compliance" (as that
term is used in section 20103(d) of title 49).
(4) The operation of trains by the State-owned railroad shall not
be subject to the requirement of any State or local law which
specifies the minimum number of crew members which must be employed
in connection with the operation of such trains.
(5) Revenues generated by the State-owned railroad, including any
amount appropriated or otherwise made available to the State-owned
railroad, shall be retained and managed by the State-owned railroad
for railroad and related purposes.
(6)(A) After the date of transfer, continued operation of the
Alaska Railroad by a public corporation, authority or other agency
of the State shall be deemed to be an exercise of an essential
governmental function, and revenue derived from such operation
shall be deemed to accrue to the State for the purposes of section
115(a)(1) of title 26. Obligations issued by such entity shall also
be deemed obligations of the State for the purposes of section
103(a)(1) (!2) of title 26, but not obligations within the meaning
of section 103(b)(2) (!2) of title 26.
(B) Nothing in this chapter shall be deemed or construed to
affect customary tax treatment of private investment in the
equipment or other assets that are used or owned by the State-owned
railroad.
(b) Procedures for issuance of certificate of public convenience
and necessity; inventory, valuation, or classification of
property; additional laws, authorities, etc., applicable
As soon as practicable after January 14, 1983, the Interstate
Commerce Commission shall promulgate an expedited, modified
procedure for providing on the date of transfer a certificate of
public convenience and necessity to the State-owned railroad. No
inventory, valuation, or classification of property owned or used
by the State-owned railroad pursuant to subchapter V (!2) of
chapter 107 of title 49 shall be required during the two-year
period after the date of transfer. The provisions of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
section 382(b) of the Energy Policy and Conservation Act (42 U.S.C.
6362(b)) shall not apply to actions of the Commission under this
subsection.
(c) Eligibility for participation in Federal railroad assistance
programs
The State-owned railroad shall be eligible to participate in all
Federal railroad assistance programs on a basis equal to that of
other rail carriers subject to part A of subtitle IV of title 49.
(d) Laws and regulations applicable to national forest and park
lands; limitations on Federal actions
After the date of transfer to the State pursuant to section 1203
of this title, the portion of the rail properties within the
boundaries of the Chugach National Forest and the exclusive-use
easement within the boundaries of the Denali National Park and
Preserve shall be subject to laws and regulations for the
protection of forest and park values. The right to fence the
exclusive-use easement within Denali National Park and Preserve
shall be subject to the concurrence of the Secretary of the
Interior. The Secretary of the Interior, or the Secretary of
Agriculture where appropriate, shall not act pursuant to this
subsection without consulting with the Governor of the State of
Alaska or in such a manner as to unreasonably interfere with
continued or expanded operations and support functions authorized
under this chapter.
(e) Preservation and protection of rail properties
The State-owned railroad may take any necessary or appropriate
action, consistent with Federal railroad safety laws, to preserve
and protect its rail properties in the interests of safety.