45 U.S.C. § 1211
Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
On the date of transfer to the State (pursuant to section 1203 of this title) or other disposition (pursuant to section 1210 of this title), that portion of rail properties of the Alaska Railroad within the Denali National Park and Preserve shall, subject to the exclusive-use easement granted pursuant to section 1203(b)(1)(D) of this title, be transferred to the Secretary of the Interior for administration as part of the Denali National Park and Preserve, except that a transferee under section 1210 of this title shall receive the same interest as the State under section 1203(b)(1)(D) of this title.
45 U.S.C. § 1211
- Alaska Railroad
- "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;
- Secretary
- "Secretary" means the Secretary of Transportation;
- State
- "State" means the State of Alaska or the State-owned railroad, as the context requires;
- date of transfer
- "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;
- exclusive-use easement
- "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;