§ 1208. Future rights-of-way

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1983

   Alaska Railroad Transfer Act of 1982

   Pub. L. 97–468 title VI § 609 · 96 Stat. 2543

   Enacted · 45 U.S.C. § 1208

   Pub. L. 97–468, title VI, § 609, Jan. 14, 1983, 96 Stat. 2574

   Source evidence

   Code source credit
   Pub. L. 97–468, title VI, § 609, Jan. 14, 1983, 96 Stat. 2574

   Enacted provision · exact public law section
   Sec. 609. future rights-of-way (a) After the date of enactment of this Act, the State or State-owned railroad may request the Secretary of the Interior or the Secretary of Agriculture, as appropriate under law, to expeditiously approve an application for a right-of-way in order that the Alaska Kailroad or State-owned railroad may have access across Federal lands for transportation and related purposes. The State or Stateowned railroad may also apply for a lease, permit, or conveyance of any necessary or convenient terminal and station grounds and material sites in the vicinity of the right-of-way for which an application has been submitted. (b) Before approving a right-of-way application described in subsection (a) of this section, the Secretary of the Interior or the Secretary of Agriculture, as appropriate, shall consult with the Secretary. Approval of an application for a right-of-way, permit, lease, or conveyance described in subsection (a) of this section shall be pursuant to applicable law. Rights-of-way, grounds, and sites granted pursuant to this section and other applicable law shall conform, to the extent possible, to the standards provided in the Act of March 12, 1914 (43 U.S.C. 975 et seq.) and section 603(6) of this title. Such conformance shall not be affected by the repeal of such Act under section 615 of this title. (c) Reversion to the United States of any portion of any right-of-way or exclusive-use easement granted to the State or State-owned railroad shall occur only as provided in section 610 of this title. For purposes of such section, the date of the approval of any such right-of-way shall be deemed the “date of transfer”.

2. 2003

   Department of Transportation and Related Agencies Appropriations Act, 2003

   Pub. L. 108–7 div. I title III § 345(5) · 117 Stat. 11

   Struck · 45 U.S.C. § 1208(c)

   Pub. L. 108–7 struck out subsec. (c) which read as follows: “Reversion to the United States of any portion of any right-of-way or exclusive-use easement granted to the State or State-owned railroad shall occur only as provided in section 1209 of this title. For purposes of such section, the date of the approval of any such right-of-way shall be deemed the ‘date of transfer’.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–7 struck out subsec. (c) which read as follows: “Reversion to the United States of any portion of any right-of-way or exclusive-use easement granted to the State or State-owned railroad shall occur only as provided in section 1209 of this title. For purposes of such section, the date of the approval of any such right-of-way shall be deemed the ‘date of transfer’.”

   Enacted provision · exact public law section
   (5) section 610, section 609(c), and the last sentence of section 604(b)(1) of 45 USC 1203, 1208, 1209. Public Law 97–468 are repealed; and

2 of 2 references resolved to an enrolled provision