Rail Safety and Service Improvement Act of 1982
PL 97-468 (H.R.3420), enacted 01/14/1983

PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2543 
Public Law 97 
97th Congress 
-468 
An Act 
Making technical corrections to the Natural Gas Pipeline Safety Act of 1968 and the 
Hazardous Liquid Pipeline Safety Act of 1979, and for other purposes. 
Be it enacted by the Semite and House of Representatives of the 
United States of America in Congress assembled. That titles II 
through VII of this Act may be cited as the "Rail Safety and Service 
Improvement Act of 1982". 
TITLE I—NATURAL GAS PIPELINE SAFETY 
SEC. 101. Section 4(b) of the Natural Gas Pipeline Safety Act of 
1968 (49 U.S.C. 1673(b)) and section 204(b) of the Hazardous Liquid 
Pipeline Safety Act of 1979 (49 U.S.C. 2003(b)) are each amended by 
striking "once every 6 months." and substituting "twice each calen-
dar year.". 
SEC. 102. Section 8(a) of the Natural Gas Pipeline Safety Act of 
1968 (49 U.S.C. 1675(a)) is amended by striking "sixtieth day" and 
substituting "90th day". 
SEC. 103. Section 206(a) of the Hazardous Liquid Pipeline Safety 
Act of 1979 (49 U.S.C. 2005(a)) is amended by striking "60th day^' 
and substituting "90th day". 
SEC. 104. Section 5(a) of the Natural Gas Pipeline Safety Act of 
1968 (49 U.S.C. 1674(a)) is amended by striking "(other than subsec-
tion (aX3) thereof)" and substituting "(other than subsection (aK2) 
thereof)". 
TITLE II-BANKRUPT RAILROADS 
SHORT TITLE 
SEC. 201. This title may be referred to as the "Bankrupt Railroad 
Service Preservation and Employee Protection Act of 1982". 
Subtitle A—Service Preservation 
Jan. 14, 1983 
[H.R. 3420] 
Rail Safety and 
Service 
Improvement 
Act of 1982. 
45 u s e 421 note. 
Bankrupt 
Railroad 
Service 
Preservation and 
Employee 
Protection 
Act of 1982. 
45 u s e 901 note. 
PURPOSE 
SEC. 211. It is the purpose of this subtitle to continue the effort by 
Congress to assure service over the lines of rail carriers subject to 
liquidation in instances where rail carriers are willing to provide 
service over such lines and financially responsible persons are will-
ing to purchase the lines for continued rail operations. 
45 u s e 901 note. 
FINDINGS 
SEC. 212. The Congress finds that— 
(1) it is necessary to establish procedures to facilitate and 
expedite the acquisition of rail lines of carriers subject to liqui-
dation by financially responsible persons in instances where 
service is not being provided over the line by the carrier and 
45 u s e 901 note. 
96 STAT. 2544 
PUBLIC LAW 97-468—JAN. 14, 1983 
where the financially responsible person seeks to provide rail 
service over the line; 
(2) procedures set forth in the amendments made by this title 
represent an exercise of the powers of the Congress under the 
Constitution to regulate commerce among the several States 
which will provide a practicable means for preserving rail 
service, thus benefiting shippers, employees, and the economies 
of the States in which such carriers subject to liquidation have 
operated service, and for facilitating interstate commerce, while 
at the same time providing safeguards to protect the interest of 
the estates of such carriers by requiring compensation which is 
not less than the constitutionally required minimum; and 
(3) it is in the public interest that the Interstate Commerce 
Commission's authority to issue orders involving temporary 
authority to operate service over lines of carriers subject to 
liquidation be clarified. 
AMENDMENTS TO THE MILWAUKEE RAILROAD RESTRUCTURING ACT 
SEC. 213. Section 17(b) of the Milwaukee Railroad Restructuring 
Act (45 U.S.C. 915(b)) is amended— 
(1) by redesignating paragraph (3) as paragraph (4); and 
(2) by inserting after paragraph (2) the following new 
paragraph: 
**(3)(A) If a person has made or makes an offer to acquire from a 
carrier subject to liquidation a rail line or lines over which no 
service is provided by that carrier, and that offer has been or is 
rejected by the trustee in bankruptcy of such carrier, such person 
may submit an application to the Commission seeking approval of 
such person's acquisition of such line or lines. A copy of any such 
application shall be filed simultaneously with the court. 
"(B) The Commission shall, within 15 days after the filing of an 
application under subparagraph (A) of this paragraph, determine 
whether the applicant— 
"(i) is a financially responsible person; and 
"(ii) has made a bona fide offer to acquire the line or lines 
under reasonable terms. 
"(C)(i) If the Commission's determination under subparagraph (B) 
of this paragraph is affirmative with respect to the matters referred 
to in clauses (i) and (ii) of such subparagraph, the applicant and the 
trustee in bankruptcy (hereafter in this paragraph referred to collec-
tively as the 'parties') shall enter into negotiations with respect to 
terms for the acquisition of the line or lines applied for. If the 
parties at any time agree on such terms, a request for approval of 
the acquisition shall be filed with the Commission and the court. If 
the parties are unable to agree to such terms within 30 days after 
the date of the Commission's determination under subparagraph (B) 
of this paragraph, either party may, within 60 days after the 
expiration of such 30-day period, request the Commission to pre-
scribe terms for such acquisition, including compensation for the 
line or lines to be acquired. The Commission shall prescribe such 
terms within 60 days after any such request is made. The terms 
prescribed by the Commission shall be binding upon both parties, 
subject to court review as provided in subparagraph (D) of this 
paragraph, except that the applicant may withdraw its offer within 
10 days after the Commission prescribes such terms. 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2545 
"(ii) If more than one applicant has requested under this subpara-
graph that the Commission prescribe the terms of acquisition for the 
same or overlapping lines or portions of such lines, the Commission 
shall prescribe terms for such acquisition which it determines best 
serve the public interest. 
"(DXi) Within 15 days after the Commission prescribes terms 
under subparagraph (C) of this paragraph, the Commission shall 
transmit such terms to the court, unless the offer is withdrawn 
under such subparagraph. Notwithstanding any other provision of 
law, the court shall, within 60 days after such transmittal, approve 
the acquisition under terms prescribed by the Commission if the 
compensation for the line or lines is not less than that required as a 
constitutional minimum. 
"(ii) Except as provided in this subparagraph, no action shall be 
taken by the court which would prejudice the acquisition which is 
the subject of an application under this paragraph. 
"(E) The Commission shall require that any person acquiring a 
line or lines under this paragraph use, to the maximum extent 
practicable, employees or former employees of the carrier subject to 
liquidation in the operation of service on such line or lines. 
"(F) No person acquiring a line under this paragraph may trans-
fer or discontinue service on such line prior to the expiration of 4 
years after such acquisition. 
"(G) The Commission shall, within 45 days after the date of 
enactment of the Bankrupt Railroad Service Preservation and 
Employee Protection Act of 1982, prescribe such regulations and 
procedures as are necessary to carry out the provisions of this 
paragraph. 
"(H) As used in this paragraph, the term— 
Definitions, 
"(i) 'carrier subject to liquidation' means a carrier which, on 
the date of enactment of the Bankrupt Railroad Service Preser-
vation and Employee Protection Act of 1982, was the subject of Ante, p. 2543. 
a proceeding pending under section 77 of the Bankruptcy Act or 
under subchapter IV of chapter 11 of title 11, United States 
Code, and which has been ordered by the court to liquidate its n use 1161. 
properties; 
"(ii) 'the court' means the court having bankruptcy jurisdic-
tion over the carrier subject to liquidation; and 
"(iii) 'financially responsible person' means a person capable 
of compensating the carrier subject to liquidation for the acqui-
sition of the line or lines proposed to be acquired and able to 
cover expenses associated with providing service over such line 
or lines for a period of not less than 4 years.". 
INTERSTATE COMMERCE COMMISSION AUTHORITY 
SEC. 214. (a) Section 122(a) of the Rock Island Railroad Transition 
and Employee Assistance Act (45 U.S.C. 1017(a)) is gmiended— 
(1) by striking "the Rock Island Railroad or the Milwaukee 
Railroad" and inserting in lieu thereof the following: "a carrier 
which, on the date of enactment of the Bankrupt Railroad 
Service Preservation and Employee Protection Act of 1982, was 
the subject of a proceeding pending under section 77 of the 
Bankruptey Act or under subchapter IV of chapter 11 of title 11, 
United States Code"; 
(2) by striking the last sentence of such section; and 
96 STAT. 2546 
PUBLIC LAW 97-468—JAN. 14, 1983 
(3) by adding at the end thereof the following: "The Commis-
sion shall have authority to authorize continued rail service 
under this section over the lines of any such carrier which has 
been ordered by the court having jurisdiction over such a 
carrier to liquidate its properties until the disposition of the 
properties of the estate of such carrier.", 
(b) Section 122(c) of the Rock Island Railroad Transition and 
Employee Assistance Act (45 U.S.C. 1017(c)) is repealed. 
Subtitle B—Employee Protection 
EMPLOYEE PROTECTION AGREEMENT 
SEC. 231. Section 106 of the Rock Island Railroad Transition and 
Employee Assistance Act (45 U.S.C. 1005) is amended to read as 
follows: 
"EMPLOYEE PROTECTION AGREEMENT 
"SEC. 106. (a) The Secretary and the representatives of the various 
classes and crafts of employees of the Rock Island Railroad shall, not 
later than 90 days after the date of enactment of the Bankrupt 
Ante, p. 2543. 
Railroad Service Preservation and Employee Protection Act of 1982, 
enter into an agreement providing protection for employees of the 
Rock Island Railroad who are adversely affected as a result of a 
reduction in service by such Railroad. Such agreement may provide 
for the use of funds described in subsection (c) of this section for the 
following purposes: 
"(1) Subsistence allowances to employees. 
"(2) Moving expenses for employees who must make a change 
in residence. 
"(3) Retraining expenses for employees who are seeking 
employment in new areas. 
"(4) Separation allowances for employees. 
"(5) Health and welfare insurance premiums. 
"(6) Such other purposes as may be agreed upon by the 
parties. 
Schedule of 
"(b) If the parties are unable to reach agreement within the time 
benefits. 
period specified in subsection (a) of this section, the Secretary shall, 
within 30 days after the expiration of such time period, prescribe a 
schedule of benefits for employee protection not inconsistent with 
the provisions of this Act. 
"(c) Any agreement entered into under subsection (a) of this 
section, and any benefit schedule prescribed under subsection (b) of 
this section, shall not require the expenditure of funds in excess of 
amounts authorized to be appropriated under section 217(fKlXC) of 
Post, p. 2552. 
the Regional Rail Reorganization Act of 1973, nor shall any individ-
ual employee receive benefits in excess of $20,000 under such agree-
ment or benefit schedule. No benefits or assistance may be provided 
under any agreement entered into or benefit schedule prescribed 
under this section after April 1, 1984. 
"(d) The Board shall, in such manner as it shall prescribe by 
regulation, administer the distribution of funds under any agree-
ment entered into or benefit schedule prescribed under this section, 
and shall determine the amount for which each employee is eligible 
under such agreement or benefit schedule. Such regulation shall 
include procedures to resolve by final and binding arbitration any 
dispute over an employee's eligibility or claim.". 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2547 
ELECTION 
SEC. 232. Section 108 of the Rock Island Railroad Transition and 
Employee Assistance Act (45 U.S.C. 1007) is amended— 
(1) in subsections (a) and (d), by striking "or arrangement 
entered into" and inserting in lieu thereof "entered into or 
benefit schedule prescribed , and 
(2) in subsection (b), by striking "April 1,1981" and inserting 
in lieu thereof "120 days after the effective date of any agree-
ment entered into under section 106(a) of this title or of any 
benefit schedule prescribed under section 106(b) of this title, as 
the case may be". 
NEW CAREER TRAINING ASSISTANCE 
SEC. 233. Section 119(a) of the Rock Island Railroad Transition and 
Employee Assistance Act (45 U.S.C. 1014(a)) is amended by striking 
"from the Rock Island Railroad under an employee protection agree-
ment or arrangement entered into under section 106 of this title 
may" and inserting in lieu thereof "under an employee protection 
agreement entered into or a benefit schedule prescribed under 
section 106 of this title may, if so provided under such agreement or 
benefit schedule,". 
REPEALS 
SEC. 234. (a) Section 110 of the Rock Island Railroad Transition 
and Employee Assistance Act (45 U.S.C. 1008) is repealed. 
(b) The second sentence of section 14(b) of the Milwaukee Railroad 
Restructuring Act (45 U.S.C. 913(b)) is repealed. 
DISPUTE RESOLUTION 
SEC. 235. (a) Section 704(f) of the Regional Rail Reorganization Act 
of 1973 (45 U.S.C. 797(c)) is amended by striking "3-year" and 
45 use 797c. 
inserting in lieu thereof "4^ear". 
(b) Section 704(g) of the Regional Rail Reorganization Act of 1973 
(45 U.S.C. 797(g)) is amended by striking "this section or section 703 45 use 797c. 
of this Act" wherever it appears and inserting in lieu thereof "this 
section, section 703 of this Act, section 8 of the Milwaukee Railroad 
Restructuring Act (45 U.S.C. 907), or section 105 of the Rock Island 
Railroad Transition and Employee Assistance Act (45 U.S.C. 1004)". 
RAILROAD HIRING 
SEC. 236. (a) Section 8 of the Milwaukee Railroad Restructuring 
Act (45 U.S.C. 907) is amended by striking "April 1, 1981," and 
inserting in lieu thereof "April 1,1984,". 
(b) Section 105(a) of the Rock Island Railroad Transition and 
Employee Assistance Act (45 U.S.C. 1004(a)) is amended by striking 
"January 1,1981," and inserting in lieu thereof "January 1,1984, . 
TITLE III—NORTHEAST CORRIDOR 
AMENDMENTS 
SEC. 301. Title VII of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 851 et seq.) is amended as follows: 
97-200 O—84—pt. 2 
38 : QL3 
96 STAT. 2548 
PUBLIC LAW 97-468—JAN. 14, 1983 
45 use 853. 
(1) Section 703{l)(A)(ii) is amended by striking "and Albany, 
New York" and inserting in lieu thereof "Albany, New York, 
and Atlantic City, New Jersey". 
45 use 854. 
(2) Section 704(aXl) is amended to read as follows: 
"(1) $2,313,000,000 to remain available until expended (A) in 
order to effectuate the goals of section 703(lXAXi) of this title, of 
which not less than $27,000,000 shall be available to finance the 
cost of the equipment modification and replacement which 
States (or local or regional transportation authorities) will be 
required to bear as a result of the electrification conversion 
system of the Northeast Corridor pursuant to this title; (B) of 
which, if the National Railroad Passenger Corporation receives 
notification on or before June 1, 1983, from the State of New 
Jersey that such State has approved a plan, developed in consul-
tation with the National Railroad Passenger Corporation, for 
the operation of rail passenger service between the main line of 
the Northeast Corridor and Atlantic City, New Jersey, and if 
such Corporation determines that such plan is feasible, 
$30,000,000 shall be made available by the Secretary to the 
National Railroad Passenger Corporation for rehabilitation and 
other improvements (including upgrading track and the signal 
system, ensuring safety at public and private highway and 
pedestrian crossings by improving signals or eliminating such 
crossings, and the improvement of operational portions of sta-
tions related to intercity rail passenger service) on the main line 
track between such points, consistent with the plan for oper-
ation approved by the State, in order to ensure that such track 
will be of sufficient quality to permit safe rail passenger service 
at a minimum of 79 miles per hour not later than September 30, 
1985, and to promote rail passenger use of such track; and (C) of 
which such sums as may be required shall be available for the 
following projects with respect to the main line of the Northeast 
Corridor: development of the Union Station in Washington, 
District of Columbia; installation of 189 track miles of concrete 
ties with continuously welded rail between Washington, District 
of Columbia, and New York, New York; renewal of 133 track 
miles of existing continuously welded rail on concrete tie track 
between Washington, District of Columbia, and New York, New 
York; installation of reverse signaling between Philadelphia, 
Pennsylvania, and Morrisville, Pennsylvania, on numbers 2 and 
3 tracks; restoration of ditch drainage in concrete tie locations 
between Washington, District of Columbia, and New York, New 
York; undercutting of 83 track miles between Washington, 
District of Columbia, and New York, New York; rehabilitation 
of bridges between Washington, District of Columbia, and New 
York, New York (including Hi line); development of a mainte-
nance-of-way equipment repair facility between Washington, 
District of Columbia, and New York, New York; roadbed stabili-
zation at various locations between Washington, District of 
Columbia, and New York, New York; automation of Bush River 
Drawbridge at milepost 72.14; improvements to the New York 
Service Facility to develop rolling stock repair capability; con-
struction of maintenance-of-way bases at Philadelphia, Pennsyl-
vania, Sunnyside, New York, and Cedar Hill, Connecticut; 
installation of rail car washer facility at Philadelphia, Pennsyl-
vania; restoration of storage tracks and buildings at the Wash-
ington Service Facility; installation of centralized traffic control 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2549 
from Landlith, Delaware, to Philadelphia, Pennsylvania; track 
improvements including high speed surfacing, ballast cleaning, 
and associated equipment repair and material distribution; 
rehabilitation of interlockings between Washington, District of 
Columbia, and New York, New York; painting of Connecticut 
River, Groton, and Pelham Bay bridges; additional catenary 
renewal and power supply upgrading between Washington, Dis-
trict of Columbia, and New York, New York; rehabilitation of 
structural, electrical, and mechanical systems at the 30th Street 
Station in Philadelphia, Pennsylvania; and installation of evac-
uation and fire protection facilities in tunnels at New York, 
New York;". 
(3) Section 704(a) is amended by adding at the end thereof the 
45 use 854. 
following new sentences: "Funds are authorized to be appropri-
ated under this section in excess of limitations imposed under 
the preceding sentence with respect to a fiscal year, or for fiscal 
years after the fiscal year ending September 30, 1983, to the 
extent that the amount appropriated under the authority of this 
section for any previous fiscal year is less than the limitation 
under such sentence with respect to such previous fiscal year. 
The Secretary shall expend or reserve for expenditure funds 
from the yearly appropriations under this section for the fiscal 
years ending September 30, 1983, September 30, 1984, and 
September 30,1985, first (A) if the National Railroad Passenger 
Corporation receives the notification referred to in paragraph 
(1)(B) of this subsection, for the purposes under such paragraph; 
and (B) in the amount of $62,000,000 for track improvements 
with respect to the Southwest corridor project in Boston, Massa-
chusetts, less any amounts obligated for such purpose from 
yearly appropriations for any fiscal year ending before October 
1,1982. The amount so expended or reserved for expenditure for 
the purposes of paragraph (1)(B) of this subsection for the fiscal 
year ending September 30,1983 shall be $10,000,000.". 
(4) Section 704(b) is amended— 
(A) by striking "LIMITATION.—" and inserting in lieu 
thereof "LIMITATIONS.—(1)"; and 
(B) by adding at the end thereof the following: 
"(2)(A) The projects for which funds are authorized to be appropri-
ated under subsection (a)(1)(C) of this section shall be a part of the 
Northeast Corridor improvement project, and the goals of this title 
shall not be considered to be fulfilled until such projects are 
completed. Such projects shall not be undertaken or viewed as a 
substitute for any improvements specified in the document entitled 
Corridor Master Plan II, NECIP Restructured Program, dated 
January 1982, prepared for the United States Department of Trans-
portation, Federal Railroad Administration, Northeast Corridor Im-
provement Project, in cooperation with the Federal Railroad 
Administration and the National Railroad Passenger Corporation 
(Amtrak), by DeLeuw, Cather/Parsons, NECIP architect/engineer. 
"(B) For purposes of implementing the improvements and reha- 
Deferrals. 
bilitation described in subsection (a)(1)(B) of this section, the Secre-
tary may defer projects identified in the document referred to in 
subparagraph (A) of this paragraph. The aggregate cost of such 
projects as the Secretary may so defer shall not be substantially 
greater than the amount the Secretary is required to expend or 
reserve for expenditure for purposes of subsection (a)(1)(B) of this 
section.". 
96 STAT. 2550 
PUBLIC LAW 97-468—JAN. 14, 1983 
45 use 855. 
(5) Section 705 is amended— 
(A) in subsection (a), by striking "the" after "reallocation 
to" and inserting in lieu thereof "such"; and 
(B) in subsection 0^), by inserting "National Railroad 
Passenger" immediately before "Corporation". 
NEW SERVICE 
45 use 854 note. 
SEC. 302. (a) If the National Railroad Passenger Corporation 
receives notification on or before June 1, 1983, from the State of 
New York that such State has approved a plan, developed in consul-
tation with such Corporation, for the acquisition and rehabilitation 
of a line and construction necessary to facilitate improved rail 
f
)assenger service between Spuyten Duyvil, New York, and the main 
ine of the Northeast Corricior, and has approved a plan, developed 
in consultation with such Corporation and appropriate local govern-
mental officials, for the rehabilitation of the Amtrak station at 
Syracuse, New York, such Corooration shall, by September 30,1985, 
expend funds, not in excess of $30,000,000, authorized to be appropri-
ated under section 601 of the Rail Passenger Service Act (45 U.S.C. 
601) for such purposes. 
45 use 854 note. 
(b) Notwithstanding the provisions of section 403 of the Rail 
Passenger Service Act (45 U.S.C. 563), the National Railroad Passen-
ger Corporation maj^ operate the service described in section 
704(aXlXB) of the Railroad Revitalization and Regulatory Reform 
Act of 1976. 
(c) Section 601 of the Rail Passenger Service Act (45 U.S.C. 601) is 
amended by adding at the end thereof the following new subsection: 
"(e) Funds from the yearly appropriations under this section for 
the fiscal years ending September 30,1983, September 30,1984, and 
September 30,1985 shall, if the Corporation receives the notification 
referred to in section 302(a) of the Rail Safety and Service Improve-
ment Act of 1982, be first expended or reserved for expenditure by 
the Corporation for the purposes under such section 302(a). The 
amount expended or reserved for expenditure for such purposes for 
the fiscal year ending September 30, 1983 shall be $10,000,000.". 
TITLE IV—RAILROAD FINANCING 
EXTENSION 
SEC. 401. Sections 505(e), 507(a), 507(d), and 509(a) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 825(e), 
827(a), 827(d), and 829(a)) are amended by striking "September 30, 
1982" wherever it appears and inserting in lieu thereof "September 
30,1985". 
TRANSACTION ASSISTANCE 
45 use 825a. 
SEC. 402. Notwithstanding any other provision of law, any finan-
cially responsible person (including any government authority), 
except for a class I rail carrier, shall upon application be eligible for 
financial assistance made available in section 505 of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 825) for 
the purchase, lease, or rehabilitation of rail lines of the Consolidated 
Rail Corporation which are to be used for common carrier rail 
service and with respect to which an application for a certificate of 
abandonment has been filed with the Interstate Commerce Commis-
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2551 
sion under section 308(a) of the Regional Rail Reorganization Act of 
1973 (45 U.S.C. 748(a)), or a notice of insufficient revenues has been 
filed with the Commission under section 308(c) of the Regional Rail 
Reorganization Act of 1973 (45 U.S.C. 748(c)). 
AUTHORIZATION FOR RAIL FUND 
SEC. 403. (a) Section 509(b) of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 829(b)) is amended— 
(1) in paragraph (2), by striking "Not less than" and inserting 
in lieu thereof "Not more than"; 
(2) by striking paragraph (3); 
(3) by redesignating paragraph (4) as paragraph (3); 
(4) in paragraph (3), as redesignated by paragraph (3) of this 
section— 
(A) by striking ", (2) and (3)" and inserting in lieu thereof 
"and (2)"; and 
(B) by inserting ", and not more than $55,000,000 are 
authorized to be appropriated for fiscal years 1983,1984 and 
1985" immediately before the period; and 
(5) by adding at the end thereof the following new paragraphs: 
"(4) $40,000,000 of the funds received by the Secretary of the 
Treasury from amounts appropriated under subsection (a) of this 
section shall be reserved and made available for meritorious applica-
tions regarding that restructuring of rail freight facilities and sys-
tems specified in section 505(b)(2)(ii) of this title. 
"(5) $15,000,000 of the funds appropriated under subsection (a) of 
this section shall be available for the purchase, or for the refinanc-
ing of the purchase, of the rail line of the Chicago, Rock Island and 
Pacific Railroad Company between Fort Worth and Dallas, Texas, or 
of interests in such rail line, by a State or one or more political 
subdivisions thereof. To the extent that funds are made available for 
such purposes through appropriations for any Administration of the 
Department of Transportation, other than the Federal Railroad 
Administration, the amount of funds authorized under this section 
shall be reduced accordingly.". 
(b) Section 505(b)(2) of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 825(b)(2)) is amended— 
(1) by inserting "(i)" immediately after "priorities"; and 
(2) by inserting "(ii)" immediately after "in the private sector 
and". 
TITLE V—MISCELLANEOUS PROVISIONS 
LOCAL RAIL SERVICE 
SEC. 501. Section 5(h)(2)(A) of the Department of Transportation 
Act (49 U.S.C. 1654(h)(2)(A)) is amended to read as follows: 
"(A) two-thirds of the available funds, multiplied by a fraction 
the numerator of which is the sum of (i) total rail mileage in the 
State, other than rail mileage of the Consolidated Rail Corpora-
tion, which, in accordance with section 10904(e) of title 49, 
United States Code, either is 'potentially subject to abandon-
ment' or with respect to which a carrier plans to file, or has 
filed, an application for a certificate under subsection (a) of such 
section, and (ii) the total rail mileage of the Consolidated Rail 
Corporation in the State which such Corporation has certified to 
96 STAT. 2552 
PUBLIC LAW 97-468—JAN. 14, 1983 
be in a situation comparable to 'potentially subject to abandon-
ment' within the meaning of such term under such section 
10904 or with respect to which the Consolidated Rail Corpora-
tion plans to file, or has filed, an application for a certificate 
under section 308 of the Regional Rail Reorganization Act of 
95 Stat. 679. 
1973 (45 U.S.C. 748) or under section 10904(a) of title 49, United 
States Code, and the denominator of which is the total of the 
rail mileage described in clauses (i) and (ii) in all the States; 
and". 
CONTRACT RATES 
SEC. 502. Section 10713(k)(l) of title 49, United States Code, is 
amended by striking "and paper)" and inserting in lieu thereof ", 
but not including wood pulp, wood chips, pulpwood or paper)". 
BURNHAM CANAL 
33 use 59t. 
SEC. 503. The portion of the Burnham Canal, in Milwaukee, 
Wisconsin, which is underneath and west of a point one hundred 
feet east of South Eleventh Street is declared to be not a navigable 
water of the United States within the meaning of the Constitution 
and laws of the United States. The right to alter, amend, or repeal 
this section is hereby expressly reserved. 
COMMUTER TRANSITION FUNDING 
45 u s e 744a 
note 
SEC. 504. (a) Section 1139(b) of the Northeast Rail Service Act of 
?§ Stat. 652. 
1981 is amended— 
(1) by inserting "(l)"immediately after "(b)"; 
(2) by striking "in the fiscal year ending September 30,1982,"; 
(3) by striking "contracting with Amtrak Commuter"; and 
(4) by adding at the end thereof the following new paragraph: 
"(2) Any funds appropriated under the authority of this subsection 
shall be distributed by the Secretary to Amtrak Commuter and 
commuter authorities according to the statutory provisions of para-
graph (1) of this subsection within 60 days after receipt of an 
application by Amtrak Commuter or such commuter authorities or 
within 60 days after the date of enactment of the Rail Safety and 
Ante, p. 2543. 
Service Improvement Act of 1982, whichever is later.". 
(b) Section 216(g) of the Regional Rail Reorganization Act of 1973 
(45 U.S.C. 726(g)) is amended— 
(1) by inserting "(1)" immediately after "APPROPRIATION.—"; 
and 
(2) by adding at the end thereof the following new paragraph: 
"(2) To the extent provided in appropriation Acts, any funds 
appropriated under the authority of paragraph (1) of this subsection 
prior to the date of enactment of the Rail Safety and Service 
Improvement Act of 1982 may be reappropriated to the Secretary, to 
facilitate the transfer of rail commuter services from the Corpora-
tion to other operators, for distribution under the statutory provi-
sions of section 11390)) of the Northeast Rail Service Act of 1981.". 
(cXD Section 217(a) of the Regional Rail Reorganization Act of 
1973 (45 U.S.C. 727(a)) is amended by striking "$262,000,000" and 
inserting in lieu thereof "$137,000,000". 
95 Stat. 653. 
(2) Section 217(f) of the Regional Rail Reorganization Act of 1973 
(45 U.S.C. 727(f)) is amended to read as follows: 
45 u s e 744a. 
note. 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2553 
"(D AUTHORIZATION OF APPROPRIATIONS.—(1) There is authorized 
to be appropriated not to exceed $262,000,000— 
(A) of which not to exceed $137,000,000 shall be appropriated 
to the Association for purposes of purchasing securities and 
accounts receivable of the Corporation under this section, such 
sums to remain available until the Secretary transfers the 
Corporation under title IV of this Act; 
45 use 761. 
"(B) of which not to exceed $75,000,000 shall be appropriated 
to the Secretary, to facilitate the transfer of rail commuter 
services from the Corporation to other operators, for distribu-
tion under the statutory provisions of section 1139(b) of the 
Northeast Rail Service Act of 1981; 
95 Stat. 652 
"(C) of which not to exceed $35,000,000 shall be appropriated 
to the Secretary to be allocated for employee protection under 
section 106 of the Rock Island Railroad Transition and 
Employee Assistance Act (45 U.S.C. 1005); and 
"(D) of which not to exceed $15,000,000 shall be appropriated 
to the Secretary to facilitate the transfer of rail commuter 
services from railroads that entered reorganization after calen-
dar year 1974 to any commuter authority that was providing 
commuter service, operated by a railroad that entered reorgani-
zation after calendar year 1974, as of January 1,1979. 
"(2) All sums received on account of the holding or disposition of 
any securities or accounts receivable referred to in paragraph (1)(A) 
of this subsection shall be deposited in the general fund of the 
Treasury. 
"(3) The amount authorized to be appropriated under paragraph 
dXB) of this subsection shall be reduced, in an amount equal to any 
amounts reappropriated under the authority of section 216(g)(2) of 
this Act, upon the date of enactment of any Act which reappro- 45 use 726. 
priates such amounts.". 
INTERCITY PASSENGER SERVICE EMPLOYEE PROTECTION 
SEC. 505. (a) Section 1165 of the Northeast Rail Service Act of 1981 ?| s^. 686. 
is amended- 
45usciii3. 
(1) by inserting "(a)" immediately after "Sec. 1165."; and 
(2) by adding at the end thereof the following new subsection: 
"(b) Conrail employees who are deprived of employment by an 
assumption or discontinuance of intercity passenger service by 
Amtrak shall be eligible for employee protection benefits under 
section 701 of the Regional Rail Reorganization Act of 1973 (45 95 Stat. 661. 
U.S.C. 797), notwithstanding any other provision of law, agreement, 
or arrangement, and notwithstanding the inability of such employ-
ees otherwise to meet the eligibility requirements of such section. 
Such protection shall be the exclusive protection applicable to Con-
rail employees deprived of employment or adversely affected by any 
such assumption or discontinuance.". 
RAILROAD DEVELOPMENT CRITERIA 
SEC. 506. (a) Section 10910(b)(l)(A)(ii) of title 49, United States 
Code, is amended by striking "has been placed" and inserting in lieu 
thereof "is", and by inserting "before an application to purchase 
such line, or any required preliminary filing with respect to such 
application, is filed under this section" immediately after "10903 
and 10904 of this title". 
96 STAT. 2554 
PUBLIC LAW 97-468—JAN. 14, 1983 
Effective date. 
(b) The amendment made by subsection (a) of this section shall be 
^^te^^ ^^^^^ 
effective with respect to any application or preliminary filing with 
°° • 
respect to which the Commission has made no final decision before 
May 1, 1982, except that such amendment shall not affect any line 
which has been removed from the carrier's system diagram map 
before the date of enactment of this Act. 
AUTHORIZATION OP APPROPRIATIONS 
SEC. 507. There is authorized to be appropriated to the Secretary 
of Transportation $15,600,000 for the fiscal year ending September 
30, 1983, for the Office of the Administrator of the Federal Railroad 
Administration, of which not to exceed $9,200,000 shall be used for 
executive direction and administration and not to exceed $6,400,000 
shall be used for policy support. 
NORTHEAST CORRIDOR COORDINATION 
95 Stat. 650. 
SEC. 508. Section 505 of the Rail Passenger Service Act (45 U.S.C. 
585) is amended— 
(1) by striking "Board of Directors of Amtrak Commuter" 
both places it appears and inserting in lieu thereof "Northeast 
Corridor Coordination Board"; and 
(2) by adding at the end thereof the following new subsection: 
"(c) The Northeast Clorridor Coordination Board shall consist of (1) 
one member from each commuter authority, within the meaning of 
95 Stat. 645. 
such term under section 1135(aX3) of the Northeast Rail Service Act 
of 1981 (45 U.S.C. 1104(aX3)), which operates or contracts for the 
operation of rail commuter service over the main line of the North-
east Corridor; (2) two members to be named by Amtrak; and (3) one 
member to be named by the Consolidated Rail (I!orporation.". 
APPUCABILITY OF LAWS 
SEC. 509. Title V of the Rail Passenger Service Act (45 U.S.C. 581 
et seq.) is amended by adding at the end thereof the following new 
section: 
45 u s e 591. 
"SEC. 511. APPLICABILITY OF LAWS. 
"Any commuter authority operating commuter service under this 
title shall be subject to applicable laws with respect to such service, 
including, but not limited to, the Railway Labor Act (45 U.S.C. 151 
et seq.), 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.), and the 
Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.).". 
COMMISSION PROCEEDINGS 
95 Stat. 685. 
SEC. 510. Section 1164(c) of the Northeast Rail Service Act of 1981 
(45 U.S.C. 1112(c)) is amended— 
(1) in paragraph (1)— 
(A) by striking "bankruptcy, substantial sale," and insert-
ing in lieu thereof "bankruptcy or substantial sale"; and 
(B) by amending the last sentence to read as follows: "The 
Secretary may substitute for the evidence of such debt 
contingency notes payable solely from the railroad operat-
ing assets then securing such debt, including reinvestments 
thereof, or such other contingency notes as the Secretary 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2555 
deems appropriate and which conform to the terms set 
forth in this subsection."; 
(2) by amending paragraph (2) to read as follows: 
"(2) If the interest of the United States is limited under paragraph 
(1), any new debt issued by such a railroad subsequent to the 
issuance of the debt described in paragraph (1) may have such 
higher priority in the event of bankruptcy, liquidation, or abandon-
ment of the assets of such a railroad than the debt described in such 
paragraph as the Secretary and the railroad may agree."; and 
(3) by adding at the end thereof the following new paragraph: 
"(3) In carrying out the duties under this subsection, the Secretary 
may (A) enter into such agreements, (B) in accordance with any such 
agreements, cancel or cause to be cancelled or amend or cause to be 
amended any notes or securities currently held by agencies or 
instrumentalities of the United States, and (C) accept in exchange as 
substitution therefor such instruments evidencing the indebtedness 
owed to such agencies or instrumentalities as, in the Secretary's 
judgment, will effectuate the purposes of this subsection.". 
FEEDER UNE TRANSFER 
SEC. 511. (a) Notwithstanding any other provision of law, the 
Secretary of Transportation shall provide Federal financial assist-
ance, in accordance with the provisions of this section, for the 
acquisition and rehabilitation (including related new construction of 
sidings and connecting tracks) of the feeder line which the Illinois 
Central Gulf Railroad has abandoned extending between Milepost 
72 near Herscher, Illinois and Milepost 135 near Barnes, Illinois 
(known as the "Bloomer Line"). 
(b) In carrying out this section, the Secretary shall provide assist-
ance to a qualified applicant in an amount not to exceed 90 percent 
of the acquisition costs and 80 percent of the rehabilitation costs 
associated with the redevelopment of the feeder line. Any qualified 
applicant may provide the non-Federal share of the costs of such 
project. 
(c) If an application is filed with the Secretary which is supported 
by a preponderance of the rail service users on the feeder line or 
segment of such line for which such an application is filed, the 
Secretary shall act expeditiously on such application. If the Secre-
tary denies an application filed under this section, the Secretary 
must provide to the applicant a contemporaneous statement of 
reasons for the denial and a list of the specific amendments to the 
application which, if made, would cause the Secretary to approve 
such application. 
(d) If the entity purchasing the line described in subsection (a) of 
this section petitions the Interstate Commerce Commission for joint 
rates applicable to traffic moving over through routes in which the 
purchasing carrier may practically participate, the Commission 
shall, within 30 days after the date such petition is filed and 
pursuant to section 10705(a) of title 49, United States Code, require 
the establishment of reasonable joint rates and divisions over such 
route. 
(e) There is authorized to be appropriated $3,000,000 to carry out 
this section. 
(f) As used in this section, the term "qualified applicant" means— 
(1) a State or local governmental entity; 
Appropriation 
authorization. 
"Qualified 
applicant." 
96 STAT. 2556 
PUBLIC LAW 97-468—JAN. 14, 1983 
(2) a person who is able to assure that adequate transporta-
tion will be provided over a substantial portion of the feeder line 
described in subsection (a) of this section for a period of not less 
than 3 years; or 
(3) any combination of members of the classes of applicants 
described in paragraphs (1) and (2) of this subsection. 
Alaska Railroad 
TITLE VI—ALASKA RAILROAD TRANSFER 
Transfer Act of 
1982. 
SHORT TITLE 
45 use 1201 
SEC. 601. This title may be cited as the "Alaska Railroad Transfer 
»^ote 
Act of 1982". 
FINDINGS 
45 use 1201. 
SEC. 602. The Congress finds that— 
(1) the Alaska Railroad, which was built by the Federal 
Government to serve the transportation and development needs 
of the Territory of Alaska, presently is providing freight and 
passenger services that primarily benefit residents and busi-
nesses in the State of Alaska; 
(2) many communities and individuals in Alaska are wholly 
or substantially dependent on the Alaska Railroad for freight 
and passenger service and provision of such service is an essen-
tial governmental function; 
(3) continuation of services of the Alaska Railroad and the 
opportunity for future expansion of those services are necessary 
to achieve Federal, State, and private objectives; however, con-
tinued Federal control and financial support are no longer 
necessary to accomplish these objectives; 
(4) the transfer of the Alaska Railroad and provision for its 
operation by the State in the manner contemplated by this title 
is made pursuant to the Federal goal and ongoing program of 
transferring appropriate activities to the States; 
(5) the State s continued operation of the Alaska Railroad 
following the transfer contemplated by this title, together with 
such expansion of the railroad as may be necessary or conven-
ient in the future, will constitute an appropriate public use of 
the rail system and associated properties, will provide an essen-
tial governmental service, and will promote the general welfare 
of Alaska's residents and visitors; and 
(6) in order to give the State government the ability to 
determine the Alaska Railroad's role in serving the State's 
transportation needs in the future, including the opportunity to 
extend rail service, and to provide a savings to the Federal 
Government, the Federal Government should offer to transfer 
the railroad to the State, in accordance with the provisions of 
this title, in the same manner in which other Federal transpor-
tation functions (including highways and airports) have been 
transferred since Alaska became a State in 1959. 
DEFINmONS 
45 use 1202. 
SEC. 603. As used in this title, the term— 
(1) "Alaska Railroad" means the agency of the United States 
Government that is operated by the Department of Transporta-
tion as a rail carrier in Alaska under authority of the Act of 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2557 
March 12, 1914 (43 U.S.C. 975 et seq.) (popularly referred to as 
the "Alaska Railroad Act") and section 6(i) of the Department of 
Transportation Act (49 U.S.C. 1655(i)), or, as the context 
requires, the railroad operated by that agency; 
(2) "Alaska Railroad Revolving Fund" means the public enter-
prise fund maintained by the Etepartment 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 con-
struction 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 the day before the date of enactment of this 
Act; 
(4) "date of transfer" means the date on which the Secretary 
delivers to the State the four documents referred to in section 
604(bXl) 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 title; 
(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 esisement 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 temgible and intangible, in which there 
is an interest reserved, withdrawn, appropriated, owned, admin-
istered or otherwise held or validly claimed for the Alaska 
Railroad by the United States or any agency or instrumentality 
96 STAT. 2558 
PUBLIC LAW 97-468—JAN. 14, 1983 
thereof as of the date of enactment of this Act, but excluding 
any such properties disposed of, and including any such proper-
ties 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 title 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 title and which are not assumed by the 
State pursuant to this title; 
(D) any personal property which the Secretary demon-
strates, in consultation with the State, prior to the date of 
transfer under section 604 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 title) within the boundaries of the Denali National 
Park and Preserve; 
(11) "right-of-way" means, except as used in section 609 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 appro-
priated or retained by or for the Alaska Railroad that, as a 
result of military jurisdiction over, or non-Federal owner-
ship 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, cor-
poration 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, corpo-
ration, or other entity; and 
(15) "Village Corporation" has the same meaning as such 
term has under section 3(j) of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 16020)). 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2559 
TRANSFER AUTHORIZATION 
SEC. 604. (a) Subject to the provisions of this title, the United 
45 use 1203. 
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)(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 pursu-
ant 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 para-
graph 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 Pre-
serve 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 sub-
paragraph (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 the date of 
enactment of this Act. In the event of reversion to the United States, 
pursuant to section 610 of this title, of the State's interests in all or 
part of the lands subject to such easement, such easement shall 
terminate with respect to the lands subject to such reversion, and no 
new exclusive-use easement with respect to such reverted lands 
shall be granted except by Act of Congress. 
(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, relinquish-
ment, or final administrative adjudication pursuant to section 606 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 there-
for in lieu of an interim conveyance. 
(3) The force and effect of an interim conveyance made pursuant 
to paragraphs dXB) 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 
96 STAT. 2560 
PUBLIC LAW 97-468—JAN. 14, 1983 
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 subsec-
tion shall authorize the State to use, occupy, and directly receive all 
benefits of the rail properties described in the license for the oper-
ation of the State-owned railroad in conformity with the Memoran-
dum of Understanding referred to in section 606(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 ease-
ments reserved pursuant to subsection (c)(2) of this section. With 
respect to any parcel conveyed pursuant to this title, the license 
shall terminate upon conveyance of such parcel. 
(c)(1) Interim conveyances and patents issued to the State pursu-
ant 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 reserva-
tions shall not be affected by the repeal of such Act under section 
615of this title. 
(2) In the license granted under subsection (b)(1)(C) of this section 
and in all conveyances made to the State under this title, 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 pur-
poses) that are identified in the report required by section 605(a) of 
this title. The appropriate Secretary may obtain, only after consent 
of the State, such future easements as are necessary for administra-
tion. 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 num-
bered 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)(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 pro-
vided by this title. 
(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 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2561 
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." 
"accrue" shall have the meaning contained in section 2401 of title 
28, United States Ck)de. 
(3)(A) Prior to the date of transfer, the Secretary shall also certify 
that the State-owned railroad has established arrangements pursu-
ant to section 607 of this title to protect the employment interests of 
employees of the Alaska Railroad during the two-year period com-
mencing 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 provi-
sions 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 com-
mencing on the date of transfer, except in cases of reassign-
ment, 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, resigna-
tion, 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 sdlowances which 
have been accrued during their period of Federal employment 
by transfered employees retained by the State-owned railroad 
(except for officers of the Alsiska Railroad, who shall receive 
such credit for one year following the date of transfer); 
(vi) for pa3rment to treuisferred 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 heedth 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 
96 STAT. 2562 
PUBLIC LAW 97-468—JAN. 14, 1983 
5 use 7101 et 
seq. 
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 agree-
ments 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 de-
clared before the date of transfer shall be settled in accordance with 
chapter 71 of title 5, United States Code. 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 senior-
ity 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, retire-
ment, 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 605(d) of this title. 
Report to 
Congress 
and State 
legislature. 
45 u s e 1204. 
TRANSITION PERIOD 
SEC. 605. (a) Within 6 months after the date of enactment of this 
Act, the Secretary and the Governor of Alaska shall jointly prepare 
and deliver to the Congress of the United States and the legislature 
of the State a report that describes to the extent possible the rail 
properties of the Alaska Railroad, the liabilities and obligations to 
be assumed by the State, the sum of money, if any, in the Alaska 
Railroad Revolving Fund to be withheld from the State pursuant to 
section 603(8)(C) of this title, and any personal property to be 
withheld pursuant to section 603(8)(D) of this title. The report shall 
separately identify by the best available descriptions (1) the rail 
properties of the Alaska Railroad to be transferred pursuant to 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2563 
section 604(b)(1) (A), (B), and (D) of this title; (2) the rail properties to 
be subject to the license granted pursuant to section 604(bXl)(C) of 
this title; and (3) the easements to be reserved pursuant to section 
604(c)(2) of this title. The Secretaries of Agriculture, Defense, and 
the Interior and the Administrator of the General Services Adminis-
tration shall provide the Secretary with all information and assist-
ance necessary to allow the Secretary to complete the report within 
the time required. 
(b) During the period from the date of enactment of this Act until 
the date of transfer, the State shall have the right to inspect, 
analyze, photograph, photocopy and otherwise evaluate all of the 
rail properties of the Alaska Railroad and all records related to the 
rail properties of the Alaska Railroad maintained by any agency of 
the United States under conditions established by the Secretary to 
protect the confidentiality of proprietary business data, personnel 
records, and other information, the public disclosure of which is 
prohibited by law. During that period, the Secretary and the Alaska 
Railroad shall not, without the consent of the State and only in 
conformity with applicable law and the Memorandum of Under-
standing referred to in section 606(bX3) of this title— 
(1) make or incur any obligation to make any individual 
capital expenditure of money from the Alaska Railroad Revolv-
ing Fund in excess of $300,000; 
(2) (except as required by law) sell, exchange, give, or other-
wise transfer any real property included in the rail properties of 
the Alaska Railroad; or 
(3) lease any rail property of the Alaska Railroad for a term in 
excess of five years. 
(c) Prior to transfer of the rail properties of the Alaska Railroad to 
the State, the Alaska Railroad's accounting practices and systems 
shall be capable of reporting data to the Interstate Commerce 
Commission in formats required of comparable rail carriers subject 
to the jurisdiction of the Interstate Commerce Commission. 
(d)(1) Within nine months after the date of enactment of this Act, 
the United States Railway Association (hereinafter in this section 
referred to as the "Association") shall determine the fair market 
value of the Alaska Railroad under the terms and conditions of this 
title, applying such procedures, methods and standards as are gener-
ally accepted as normal and common practice. Such determination 
shall include an appraisal of the real and personal property to be 
transferred to the State pursuant to this title. Such appraisal by the 
Association shall be conducted in the usual manner in accordance 
with generally accepted industry standards, and shall consider the 
current fair market value and potential future value if used in 
whole or in part for other purposes. The Association shall take into 
account all obligations imposed by this title and other applicable 
law upon operation and ownership of the State-owned railroad. In 
making such determination, the Association shall use to the 
maximum extent practicable all relevant data and information, 
including, if relevant, that contained in the report prepared pursu-
ant to subsection (a) of this section. 
(2) The determination made pursuant to paragraph (1) of this 
subsection shall not be construed to affect, enlarge, modify, or 
diminish any inventory, valuation, or cleissification required by the 
Interstate Commerce Commission pursuant to subchapter V of chap-
ter 107 of title 49, United States Code (49 U.S.C. 10781 et seq.). 
96 STAT. 2564 
PUBLIC LAW 97-468—JAN. 14, 1983 
45 use 712. 
(e) Section 202(a) of the Regional Rail Reorganization Act of 1973 
is amended— 
(1) by striking "and" at the end of paragraph (9); 
(2) by striking the period at the end of paragraph (10) and 
inserting in lieu thereof "; and"; and 
(3) by adding at the end thereof the following new paragraph: 
"(11) determine the value of the Alaska Railroad, as required 
by section 605 of the Alaska Railroad Transfer Act of 1982.". 
LANDS TO BE TRANSFERRED 
45 use 1205. 
SEC. 606. (a) Lands among the rail properties of the Alaska 
Railroad shall not be— 
(1) available for selection under section 12 of the Act of 
January 2, 1976, as amended (43 U.S.C. 1611, note), subject to 
Post, p. 2568. 
the exception contained in section 12(b)(8)(i)(D) of such Act, as 
amended by subsection (dX5) of this section; 
(2) available for conveyance under section 1425 of the Alaska 
National Interest Lands Conservation Act (Public Law 96-487; 
94 Stat. 2515); 
(3) available for conveyance to Chugach Natives, Inc., under 
sections 1429 or 1430 of the Alaska National Interest Lands 
Conservation Act (Public Law 96-487; 94 Stat. 2531) or under 
sections 12(c) or 14(h)(8) of the Alaska Native Claims Settlement 
Act (43 U.S.C. 1611(c) and 1613(h)(8), respectively); or 
(4) available under any law or regulation for entry,, location, 
or for exchange by the United States, or for the initiation of a 
claim or selection by any party other than the State or other 
transferee under this title, except that this paragraph shall not 
prevent a conveyance pursuant to section 12(b)(8)(i)(D) of the Act 
of January 2,1976 (43 U.S.C. 1611, note), as amended by subsec-
tion (d)(5) of this section. 
(b)(1)(A) During the ten months following the date of enactment of 
this Act, so far as practicable consistent with the priority of prepar-
ing the report required pursuant to section 605(a) of this title, the 
Secretary of the Interior, Village Corporations with claims of valid 
existing rights, and the State shall review and make a good faith 
effort to settle as many of the claims as possible. Any agreement to 
settle such claims shall take effect and bind the United States, the 
State, and the Village Corporation only as of the date of transfer of 
the railroad. 
(B) At the conclusion of the review and settlement process pro-
vided in subparagraph (A) of this paragraph, the Secretary of the 
Interior shall prepare a report identifying lands to be conveyed in 
accordance with settlement agreements under this title or applica-
ble law. Such settlement shall not give rise to a presumption as to 
whether a parcel of land subject to such agreement is or is not 
public land. 
(2) The Secretary of the Interior shall have the continuing juris-
diction and duty to adjudicate unresolved claims of valid existing 
rights pursuant to applicable law and this title. The Secretary of the 
Interior shall complete the final administrative 
adjudication 
required under this subsection not later than three years after the 
date of enactment of this Act, £ind shall complete the survey of all 
lands to be conveyed under this title not later than five years ^ter 
the date of enactment of this Act, and after consulting with the 
Governor of the State of Alaska to determine priority of survey with 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2565 
regard to other lands being processed for patent to the State. The 
Secretary of the Interior shall give priority to the adjudication of 
Village Corporation claims as required in this section. Upon comple-
tion of the review and settlement process required by paragraph 
(1)(A) of this subsection, with respect to lands not subject to an 
agreement under such paragraph, the Secretary of the Interior shall 
adjudicate which lands subject to claims of valid existing rights filed 
by Village Corporations, if any, are public lands and shall complete 
such final administrative adjudication within two years after the 
date of enactment of this Act. 
(3) Pending settlement or final administrative adjudication of 
claims of valid existing rights filed by Village Corporations prior to 
the date of transfer or while subject to the license granted to the 
State pursuant to section 604(bXlXC) of this title, lands subject to 
such claims shall be managed in accordance with the Memorandum 
of Understanding among the Federal Railroad Administration, the 
State, Eklutna, Incorporated, Cook Inlet Region, Incorporated (as 
that term is used in section 12 of the Act of January 2,1976 (Public 
Law 94-204; 89 Stat. 1150)), and Toghotthele Corporation, executed 
by authorized officers or representatives of each of these entities. 
Duplicate originals of the Memorandum of Understanding shall be 
maintained and made available for public inspection and copying in 
the Office of the Secretary, at Washington, District of Columbia, and 
in the Office of the Governor of the State of Alaska, at Juneau, 
Alaska. 
(4) The following procedures and requirements are established to 
promote finality of administrative adjudication of claims of valid 
existing rights filed by Village Corporations, to clarify and simplify 
the title status of lands subject to such claims, and to avoid potential 
impairment of railroad operations resulting from joint or divided 
ownership in substantial segments of right-o^way: 
(A)(i) Prior to final administrative adjudication of Village 
Corporation claims of valid existing rights in land subject to the 
license granted under section 604(bXlXC) of this title, the Secre-
tary of the Interior may, notwithstanding any other provision of 
law, accept relinquishment of so much of such claims as 
involved lands within the right-of-way through execution of an 
agreement with the appropriate Village Corporation effective 
on or after the date of transfer. Upon such relinquishment, the 
interest of the United States in the right-of-way shall be con-
veyed to the State pursuant to section 604(bXlXB) or (2) of this 
title. 
(ii) With respect to a claim described in clause (i) of this 
subparagraph that is not settled or relinquished prior to final 
administrative adjudication, the Congress finds that exclusive 
control over the right-of-way by the Alaska Railroad has been 
and continues to be necessary to afford sufficient protection for 
safe and economic operation of the railroad. Upon failure of the 
interested Village Corporation to relinquish so much of its 
claims as involve lands within the right-of-way prior to final 
adjudication of valid existing rights, the Secretary shall convey 
to the State pursuant to section 604(bXlXB) or (2) of this title all 
right, title and interest of the United States in and to the right-
of-way free and clear of such Village Corporation's claim to and 
interest in lands within such right-of-way. 
(B) Where lands within the right-of-way, or any interest in 
such lands, have been conveyed from Federal ownership prior to 
96 STAT. 2566 
PUBLIC LAW 97-468—JAN. 14, 1983 
the date of enactment of this Act, or is subject to a claim of valid 
existing rights by a party other than a Village Corporation, the 
conveyance to the State of the Federal interest in such prop-
erties pursuant to section 604(b)(lXB) or (2) of this title shall 
grant not less than an exclusive-use easement in such proper-
ties. The foregoing requirements shall not be construed to 
permit the conveyance to the State of less than the entire 
Federal interest in the rail properties of the Alaska Railroad 
required to be conveyed by section 604(b) of this title. If an 
action is commenced against the State or the United States 
contesting the validity or existence of a reservation of right-of-
way for the use or benefit of the Alaska Railroad made prior to 
the date of enactment of this Act, the Secretary of the Interior, 
through the Attorney General, shall appear in and defend such 
action. 
(c)(1) The final administrative adjudication pursuant to subsection 
(b) of this section shall be final agency action and subject to judicial 
review only by an action brought in the United States District Court 
for the District of Alaska. Review of agency action pursuant to this 
title shall be expedited to the same extent as the expedited review 
provided by section 1108 of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3168). 
(2) No administrative or judicial action under this title shall 
enjoin or otherwise delay the transfer of the Alaska Railroad pursu-
ant to this title, or substantially impair or impede the operations of 
the Alaska Railroad or the State-owned railroad. 
(3) Before the date of transfer, the State shall have standing to 
participate in any administrative determination or judicial review 
pursuant to this title. If transfer to the State does not occur pursu-
ant to section 604 of this title, the State shall not thereafter have 
standing to participate in any such determination or review. 
(dXD Section 12(b)(7Xi) of the Act of January 2, 1976 (Public Law 
43 use 1611 
94-204) is amended— 
^°^- 
(A) by striking "subsection 12(bX6)" and inserting in lieu 
thereof "section 12(b) (5) and (6)"; 
(B) by striking "12(bX7Xii)" and inserting in lieu thereof 
"12(b)(7Xiv)"; 
(C) by striking "crediting" and inserting in lieu thereof "using"; 
(D) by striking "this subsection 12(bX7Xi)(b)" and inserting in 
lieu thereof "these subsections 12(bX7) (i)(b) or (ii)"; 
(E) by striking "State" in the last sentence and inserting in 
lieu thereof "state"; and 
(F) by striking the penultimate sentence. 
(2) Section 120t>X7) of such Act is amended— 
(A) by redesignating subsections (ii) through (iv) as subsec-
tions (iv) through (vi), respectively; and 
(B) by inserting immediately after subsection (i) the following: 
"(ii) Subject to the exceptions stated in section 12(bX9), and not-
withstanding the foregoing subsection 12(bX7Xi) and any provision of 
any other law or any implementing regulation inconsistent with this 
subsection, until the obligations of the Secretary and the Adminis-
trator of General Services under section 12(b) (5) and (6) are otherwise 
fulfilled: 
"(A) concurrently with the commencement of screening of 
any excess real property, wherever located, for utilization by 
Federal agencies, the Administrator of General Services shall 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2567 
notify the Region that such property may be available for 
conveyance to the Region upon negotiated sale. Within fifteen 
days of the date of receipt of such notice, the Region may advise 
the Administrator that there is a tentative need for the prop-
erty to fulfill the obligations established under section 12(b) (5) 
43 USC 1611 
and (6). If the Administrator determines the property should be 
^°^-
disposed of by transfer to the Region, the Administrator or 
other appropriate Federal official shall promptly transfer such 
property; 
"(B) no disposition or conveyance of property under this 
subsection to the Region shall be made until the Administrator, 
after notice to affected State and local governments, has pro-
vided to them such opportunity to obtain the property as is 
recognized in title 40, United States Code and the regulations 
thereunder for the disposition or conveyance of surplus 
property; and 
"(C) as used in this subsection, 'real property' means any land 
"Real 
or interests in land owned or held by the United States or any 
property." 
Federal agency, any improvements on such land or rights to 
their use or exploitation, and any personal property related to 
the land. 
"(iii) If the Region accepts any conveyance under section 12(b)(7) 
(i) or (ii), it shall be in exchange for acres or acre-equivalents as 
provided in subparagraph 1(C)(2)(e) of the document referred to in 
this section, except that, after the obligation of the Secretary and 
the Administrator under subparagraph 1(C)(2)(g) of that document 
has been fulfilled, 
the acre-equivalents 
under 
subparagraph 
I(C)(2)(e)(iii)(A) shall be one-half the valued increment therein 
stated. The entitlement of the Region under section 12(b) of this Act 
shall be reduced by the number of acres or acre-equivalents attrib-
uted to the Region under this subsection. The Secretary and the 
Administrator are directed to execute an agreement with the Region 
which shall conform substantially to the 'Memorandum of Under-
standing Regarding the Implementation of Section 12(b)(7)', dated 
September 10, 1982, and submitted to the Senate Committee on 
Commerce, Science, and Transportation. The Secretary, the Admin-
istrator and the Region may thereafter otherwise agree to proce-
dures to implement responsibilities under this section 12(b)(7), 
including establishment of accounting procedures and the delega-
tion or reassignment of duties under this statute.". 
(3) Section 120t>)(7)(iv) of such Act, as so redesignated by paragraph 
43 USC 1611 
(2) of this subsection, is amended— 
^°^-
(A) by striking "surplus" the first place it appears therein; 
(B) by inserting immediately before the period at the end of 
the first sentence the following: "or paying for the conveyance 
of property pursuant to subsections (i) or (ii)"; 
(C) by inserting immediately after "account shall be" the 
following: "the sum of (1)"; 
(D) by striking "1(C)(2)(e)" and inserting in lieu thereof 
"I(C)(2)(e)(iii)(A)"; 
(E) by striking "the effective date of this subsection", and 
inserting in lieu thereof "December 2,1980"; 
(F) by striking "and shall be adjusted" and inserting in lieu 
thereof "and (2) one-half the acre or acre-equivalent exchange 
value under subparagraph I(CX2)(e)(iii)(A) of ten townships 
fewer than the unfulfilled entitlement of the Region on the 
same date to acres or acre-equivalents under paragraph I(CXl) 
96 STAT. 2568 
PUBLIC LAW 97-468—JAN. 14, 1983 
of the document referred to in this section. The balance of the 
property account shall be adjusted in accordance with subsec-
tion 12(bX7Xiii)"; and 
(G) by striking "subsection 12(b)(6)" and inserting in lieu 
thereof "section 12(b) (5) and (6)". 
43 use 1611 
(4) Section 12(bX7Xv) of such Act, as so redesignated by paragraph 
"°^ 
(2) of this subsection, is amended by striking "subsection (ii)" and 
inserting in lieu thereof "subsection (iv)". 
43 use 1611 
(5) Section 12(bX8) of such Act is amended to read as follows: 
PoS'p 2570 
"12(bX8). Subject to the exceptions stated in section 12(bX9), and 
notwithstanding any provisions of law or implementing regulation 
inconsistent with this section: 
"(i) The deadlines in subparagraphs I(CX2) (a) and (g) of the 
document referred to in this section shall be extended until the 
Secretary's obligations under section 12(b) (5) and (6) are ful-
filled: Provided, That: 
"(A) the obligation of the Secretary under subparagraph 
I(C)(2Xa) of such document shall terminate on such date, 
after July 15, 1984, that the Secretary has fulfilled his 
obligation under subparagraph I(CX2Xg) of that document: 
Provided, That the obligation of the Secretary under sub-
paragraph I(CX2)(g) of such document shall be fulfilled at 
such date, after July 15, 1984, that the sum of the acres or 
acre-equivalents identified for and placed in the pool and 
the acres or acre-equivalents used by the Region in purchas-
ing property under section 12(bX7) equals or exceeds 138,240 
acres or acre-equiv^ents; 
"(B) the authority of the Secretary under subparagraphs 
1(C)(2)(b) and I(CX2)(gXii) of such document to contribute to 
the pool created under subparagraph I(CX2)(a) of such docu-
ment shall terminate (a) on July 15, 1984, if, by that date, 
the Secretary has fulfilled his obligation under subpara-
graph I(CX2) (g), or (b) if not, on such date after July 15, 
1984 as such obligation is fulfilled, or (c) if such obligation 
remains unfulfilled, on July 15,1987; 
"(C) the concurrence by the State as described in subpara-
graphs I(CX2)(aXvi) and I(CX2Xc) of the document referred to 
in this section shall be deemed not required after the 
Secretary has fulfilled his obligation under subparagraph 
I(CX2)(g) of that document, but in no event after July 15, 
1987. In lieu of such concurrence, after 1984 as to military 
property, and after the Secretary has fulfilled his obligation 
under subparagraph I(CX2)(g) of that document or July 15, 
1987, whichever is earlier, as to any other property, except 
property of the Alaska Railroad which is governed by sub-
section 12(bX6XiXD) of this Act, the Secretary shall not 
place any lands in the selection pool referred to in subpara-
graphs I(CX2) (a) and (g) of the document referred to in this 
section without the prior written concurrence of the State. 
Such concurrence shall be deemed obtained unless the 
State advises the Secretary within ninety days of receipt of 
a formal notice from the Secretary that he is considering 
placing property in the selection pool, that the State, or a 
municipality of the State which includes all or part of the 
property in question, requires the property for a public 
purpose of the State or municipality; and 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2569 
"(D) notwithstanding section 606(a)(2) of the Alaska Rail-
road Transfer Act of 1982, the Secretary may include prop- ^^ite, p. 2564. 
erty of the Alaska Railroad in the pool of lands to be made 
available for selection to the extent that he is authorized to 
do so under a provision of section 12(b) of this Act if the 
State consents to its inclusion, which consent is not subject 
to any limitation under subsection 12(b)(8)(i)(C) herein: Pro- ^^te, p. 2568. 
vided. That, while the Alaska Railroad is the property of 
the United States, the Secretary shall obtain the consent of 
the Secretary of Transportation prior to including such 
property: And provided further. That, if the transfer of the 
Alaska Railroad to the State does not occur pursuant to the 
terms of the Alaska Railroad Transfer Act of 1982 or any Ante, p. 2556. 
amendments thereto, the State's consent shall be deemed 
obtained unless the State advises the Secretary in writing, 
within ninety days of receipt of a formal notice from the 
Secretary that he is considering placing such property in 
the selection pool, that the State, or a municipality of the 
State which includes all or part of the property in question, 
requires the property for a public purpose of the State or 
the municipality, 
"(ii) In addition to the review required to identify public lands 
under section 3(e) of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1602(e)), the Secretary shall identify for inclusion in 
the pool all public lands (as such term is used under section 3(e) 
of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(e)), 
as described in subparagraph I(C)(2)(aXv) of the document 
referred to in this section, and shall, in so doing, review all 
Federal installations within the boundaries of the Cook Inlet 
Region whether within or without the areas withdrawn pursu-
ant to section 11 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1610) or by the Secretary acting under authority con-
tained in that section: Provided, That no such additional review 
under such subparagraph shall be required of military installa-
tions or of such other installations as may be mutually excluded 
from review by the Region and the Secretary: And provided 
further. That the Secretary shall not review any property of the 
Alaska Railroad unless such property becomes available for 
selection pursuant to subsection 12(b)(8)(i)(D). 
"(iii) The concurrence required of the State as to the inclusion 
of any property in the pool under subparagraph 1(C)(2)(b) of the 
document referred to in this section shall be deemed obtained 
unless the State advises the Secretary in writing, within ninety 
days of receipt of a formal notice from the Secretary that the 
Secretary is considering placing property in the selection pool, 
that the State, or a municipality of the State which includes all 
or part of the property in question requires the property for a 
public purpose of the State or the municipality. 
"(iv) The deadlines in subparagraph I(CXl)(b) of the document 
referred to in this section shall be extended for an additional 
twenty-four months beyond the dates established in the Act of 
July 17,1980 (Public Law 96-311; 94 Stat. 947). 
"(v) On or before January 15, 1985, the Secretary shall report Report to 
to the Congress with respect to: 
Congress. 
"(A) such studies and inquiries as shall have been initi-
ated by the Secretary and the Administrator of General 
Services, or have been prepared by other holding agencies. 
96 STAT. 2570 
PUBLIC LAW 97-468—JAN. 14, 1983 
to determine what lands, except for lands held by the 
Alaska Railroad or the State-owned railroad, within the 
boundaries of the Cook Inlet Region or elsewhere can be 
made available to the Region, to the extent of its 
entitlement; 
"(B) the feasibility and appropriate nature of reimburse-
ment of the Region for its unfulfilled entitlement as valued 
in subsection 12(bX7)(iv) of this Act; 
"(C) the extent to which implementation of the mecha-
nisms established in section 12(bX7) promise to meet such 
unfulfilled entitlement; 
"(D) such other remedial legislation or administrative 
action as may be needed; and 
"(E) the need to terminate any mechanism established by 
law through which the entitlement of the Region may be 
completed.". 
43 use 1611 
(6) Section 12(b) of such Act is amended by adding at the end 
°°^- 
thereof the following: 
"12(bX9). No disposition or conveyance of property located within 
Ante, p. 2568. 
the State to the Region under section 12(bX6), 12(bX7) and 12(bX8), as 
amended, shall be made if the property is subject to an express 
waiver of rights under the provisions of subparagraph I(CX2Xf) of 
the document referred to in this section, or if such disposition or 
conveyance violates valid rights, including valid selections or valid 
authorized agreements, of Native Corporations (as such term is used 
in section 102(6) of the Alaska National Interest Lands Conservation 
Act (16 U.S.C. 3102(6)) or the State existing at the time of such 
48 use note 
disposition or conveyance under section 6 of Public Law 85-508, as 
P^®'^- ^^- 
amended (excepting section 906(e) of the Alaska National Interest 
43 use 1635. 
Lands Conservation Act), sections 12(a), 12(b), 16(b) or 22(f) of the 
43 use 1611, 
Alaska Native Claims Settlement Act, section 12(h) of the Act of 
IfS, 1621 
January 2,1976 (Public Law 94-204; 89 Stat. 1154), or sections 1416, 
note. 
1418 through 1425 (inclusive), 1427 through 1434 (inclusive), or 1436 
94 Stat. 2499, 
of the Alaska National Interest Lands Conservation Act: 
Provided, 
2501-2515, 
however. That nothing within this subsection 12(bX9) shall diminish 
2518-2544, 2546. 
^yxch. rights and priorities as the Region has under section 12(b) of 
43 use 1611 
the Act of January 2, 1976 (Public Law 94-204; 89 Stat. 1151), as 
note. 
amended by section 4 of the Act of October 4, 1976 (Public Law 
94-456; 90 Stat. 1935), section 3 of the Act of November 15, 1977 
(Public Law 95-178; 91 Stat. 1369), section 2 of the Act of August 14, 
1979 (Public Law 96-55; 93 Stat. 386), the Act of July 17,1980 (Public 
Law 96-311; 94 Stat. 947), and section 1435 of the Alaska National 
Interest Lands Conservation Act. 
"12(b)(10). For the purpose of its incorporation into this section, 
paragraph KCXD of the document referred to in this section is 
amended as follows: (1) by striking 'withdrawn' and inserting in lieu 
thereof 'withdrawn or formerly withdrawn'; (2) by striking '17(dXl)' 
and inserting in lieu thereof '17(dXl) and (2)'; and (3) by striking the 
last sentence of subparagraph I(CXlXa) and inserting in lieu thereof 
the following: 'Cook Inlet Region, Incorporated shall not nominate 
any lands within the boundaries of any conservation system unit, 
national conservation area, national recreation area, national 
forest, defense withdrawal, or any lands that were made available to 
the State for selection pursuant to sections 2 and 5 of the State-
Federal Agreement of September 1,1972.'. 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2571 
"12(b)(ll). Notwithstanding the provisions of section 906 of the 
Alaska National Interest Lands Conservation Act and section 6(i) of 
43 use 1635. 
the Alaska Statehood Act (72 Stat. 339): 
48 USC note 
"(i) The State is hereby authorized to convey to the United 
P'"®^- 21. 
States for reconveyance to the Region, and the Secretary is 
directed to accept and so reconvey, lands tentatively approved 
for patent or patented to the State, if the State and the Region 
enter into an agreement that such lands shall be reconveyed to 
the Region to fulfill all or part of its entitlement under para-
graph 1(C)(1) of the document referred to in this section: Pro-
vided, That the acreage of lands conveyed to the United States 
under this provision shall be added to the State's unfulfilled 
entitlement pursuant to section 6 of the Alaska Statehood 
Act, and the number of townships to be nominated, pooled, 
struck, selected and conveyed pursuant to paragraph 1(C)(1) of 
the document referred to in this section shall be reduced 
accordingly. 
"(ii) The Secretary is directed to convey to the Region lands 
selected by the State prior to July 18, 1973 or pursuant to 
sections 2 and 5 of the State-Federal Agreement of September 1, 
1972, if the State relinquishes such selections and enters into an 
agreement with the Region that such lands shall be reconveyed 
to the Region to fulfill all or part of its entitlement under 
paragraph 1(C)(1) of the document referred to in this section, 
and the number of townships to be nominated, pooled, struck, 
selected and conveyed pursuant to paragraph 1(C)(1) of the 
document referred 
to in this section shall be reduced 
accordingly. 
"(iii) The Secretary, in the Secretary's discretion, is author-
ized to enter into an agreement with the State and the Region 
to implement the authority contained in this section 12(b)(ll), 
which agreement may provide for conveyances directly from the 
State to the Region. Conveyances directly conveyed shall be 
deemed conveyances from the Secretary pursuant to the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.).". 
(e) The State shall be liable to a party receiving a conveyance of 45 USC 1205. 
land among the rail properties of the Alaska Railroad subject to the 
license granted pursuant to section 604(b)(lXC) of this title for 
damage resulting from use by the State of the land under such 
license in a manner not authorized by such license. 
EMPLOYEES OF THE ALASKA RAILROAD 
SEC. 607. (a)(1) Any employees who elect to transfer to the State- 45 use 1206. 
owned railroad and who on the day before the date of transfer are 
subject to the civil service retirement law (subchapter III of chapter 
83 of title 5, United States Code) shall, so long as continually 
5 use 8331. 
employed by the State-owned railroad without a break in service, 
continue to be subject to such law, except that the State-owned 
railroad shall have the option of providing benefits in accordance 
with the provisions of paragraph (2) of this subsection. Employment 
by the State-owned railroad without a break in continuity of service 
shall be considered to be emplo3mient by the United States Govern-
ment for purposes of subchapter III of chapter 83 of title 5, United 
States Code. The State-owned railroad shall be the employing 
agency for purposes of section 8334(a) of title 5, United States Code, 
and shall contribute to the Civil Service Retirement and Disability 
96 STAT. 2572 
PUBLIC LAW 97-468—JAN. 14, 1983 
Fund a sum as provided by such section, except that such sum shall 
be determined by applying to the total basic pay (as defined in 
section 8331(3) of title 5, United States Code) paid to the employees 
of the State-owned railroad who are covered by the civil service 
retirement law, the per centum rate determined annually by the 
Director of the Office of Personnel Management to be the excess of 
the total normal cost per centum rate of the civil service retirement 
system over the employee deduction rate specified in section 8334(a) 
of title 5, United States Code. The State-owned railroad shall pay 
into the Federal Civil Service Retirement and Disability Fund that 
portion of the cost of administration of such Fund which is demon-
strated by the Director of the Office of Personnel Management to be 
attributable to its employees. 
(2) At any time during the two-year period commencing on the 
date of transfer, the State-owned railroad shall have the option of 
providing to transferred employees retirement benefits, reflecting 
prior Federal service, in or substantially equivalent to benefits 
under the retirement program maintained by the State for State 
employees. If the State decides to provide benefits under this para-
graph, the State shall provide such benefits to all transferred em-
ployees, except those employees who will meet the age and service 
requirements for retirement under section 8336(a), (b), (c) or (f) of 
title 5, United States Code, within five years after the date of 
transfer and who elect to remain participants in the Federal retire-
ment program. 
(3) If the State provides benefits under paragraph (2) of this 
subsection— 
(A) the provisions of paragraph (1) of this subsection regard-
ing pa3niients into the Civil Service Retirement and Disability 
Fund for those employees who are transferred to the State 
program shall have no further force and effect (other than for 
employees who will meet the age and service requirements for 
retirement under section 8336(a), (b), (c) or (f) of title 5, United 
States Code, within five years after the date of transfer and who 
elect to remain participants in the Federal retirement pro-
gram); and 
(B) all of the accrued employee and employer contributions 
and accrued interest on such contributions made by and on 
behalf of the transferred employees during their prior Federal 
service (other than amounts for employees who will meet the 
age and service requirements for retirement under section 
8336 (a), (b), (c) or (f) of title 5, United States Code, within five 
years after the date of transfer and who elect to remain partici-
pants in the Federal retirement program) shall be withdrawn 
from the Federal Civil Service Retirement and Disability Fund 
and shall be paid into the retirement fund utilized by the State-
owned railroad for the transferred employees, in accordance 
with the provisions of paragraph (2) of this subsection. Upon 
such payment, credit for prior Federal service under the Fed-
eral civil service retirement system shall be forever barred, 
notwithstanding the provisions of section 8334 of title 5, United 
States Code. 
(b) Employees of the Alaska Railroad who do not transfer to the 
State-owned railroad shall be entitled to all of the rights and 
benefits available to them under Federal law for discontinued 
employees. 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2573 
(c) Transferred employees whose employment with the State-
owned railroad is terminated during the two-year period commenc-
ing on the date of transfer shall be entitled to all of the rights and 
benefits of discontinued employees that such employees would have 
had under Federal law if their termination had occurred immedi-
ately before the date of the transfer, except that financial compensa-
tion paid to officers of the Alaska Railroad shall be limited to that 
compensation provided pursuant to section 604(d)(3)(E) of this title. 
Such employees shall also be entitled to seniority and other benefits 
accrued under Federal law while they were employed by the State-
owned railroad on the same basis as if such employment had been 
Federal service. 
(d) Any employee who transfers to the State-owned railroad under 
this title shall not be entitled to lump-sum payment for unused 
annual leave under section 5551 of title 5, United States Code, but 
shall be credited by the State with the unused annual leave balance 
at the time of transfer. 
STATE OPERATION 
SEC. 608. (a)(1) After the date of transfer to the State pursuant to 45 USC 1207. 
section 604 of this title, the State-owned railroad shall be a rail 
carrier engaged in interstate and foreign commerce subject to the 
jurisdiction of the Interstate Commerce Commission under chapter 
105 of subtitle IV of title 49, United States Code, and all other Acts 
applicable to rail carriers subject to that chapter, 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 Unem-
ployment Insurance Act (45 U.S.C. 351 et seq.). Nothing in this title 
shall preclude the State from explicitly invoking by law any exemp-
tion from the antitrust laws as may otherwise be available. 
(2) The transfer to the State authorized by section 604 of this title 
and the conferral of jurisdiction to the Interstate Commerce Com-
mission 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 agree-
ments meeting the requirements of section 10713 of title 49, United 
States Code, 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 202(c) of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 431(c))). 
(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 shall be 
retained and managed by the State-owned railroad for railroad and 
related purposes. 
(6XA) After the date of transfer, continued operation of the Alaska 
Railroad by a public corporation, authority or other agency of the 
96 STAT. 2574 
PUBLIC LAW 97-468—JAN. 14, 1983 
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(aKl) of the 
Internal Revenue Code of 1954 (26 U.S.C. 115(aXl)). Obligations 
issued by such entity shall also be deemed obligations of the State 
for the purposes of section 103(aXl) of the Internal Revenue Code of 
1954 (26 U.S.C. 103(a)(1)), but not obligations within the meaning of 
section 103(b)(2) of the Internal Revenue Code of 1954 (26 U.S.C. 
103(b)(2)). 
(B) Nothing in this title 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) As soon as practicable after the date of enactment of this Act, 
the Interstate Commerce Commission shall promulgate an expe-
dited, 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 of chapter 107 of title 49, United States Code (49 U.S.C. 10781 et 
seq.) 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) 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 the jurisdiction of the Interstate Com-
merce Commission under chapter 105 of subtitle IV of title 49, 
United States Code. 
(d) After the date of transfer to the State pursuant to section 604 
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 unreason-
ably interfere with continued or expanded operations and support 
functions authorized under this title. 
FUTURE RIGHTS-OF-WAY 
45 use 1208. 
SEC. 609. (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 expedi-
tiously approve an application for a right-of-way in order that the 
Alaska Railroad or State-owned railroad may have access across 
Federal lands for transportation and related purposes. The State or 
State-owned railroad may also apply for a lease, permit, or convey-
ance of any necessary or convenient terminal and station grounds 
and material sites in the vicinity of the right-of-way for which an 
application h£is been submitted. 
O
t
>
) Before approving a right-of-way application described in sub-
section (a) of this section, the Secretary of the Interior or the 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2575 
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". 
REVERSION 
SEC. 610. (a) If, within ten years after the date of transfer to the 
45 use 1209. 
State authorized by section 604 of this title, the Secretary finds that 
all or part of the real property transferred to the State under this 
title, except that portion of real property which lies within the 
boundaries of the Denali National Park and Preserve, is converted 
to a use that would prevent the State-owned railroad from 
continuing to operate, that real property (including permanent 
improvements to the property) shall revert to the United States 
Grovemment, or (at the option of the State) the State shall pay to the 
United States Government an amount determined to be the fair 
market value of that property at the time its conversion prevents 
continued operation of the railroad. 
(b) If, after the date of transfer pursuant to section 604 of this 
title, the State discontinues use of any land within the right-of-way, 
the State's interest in such land shall revert to the United States. 
The State shall be considered to have discontinued use within the 
meaning of this subsection and subsection (d) of this section when: 
(1) the Governor of the State of Alaska delivers to the Secre-
tary of the Interior a notice of such discontinuance, including a 
legal description of the property subject to the notice, and a 
quitclaim deed thereto; or 
(2) the State has made no use of the land for a continuous 
period of eighteen years for transportation, communication, or 
transmission purposes. Notice of such discontinuance shall 
Publication in 
promptly be published in the Federal Register by the Secretary, 
R|^^^J. 
the Secretary of the Interior, or the Secretary of Agriculture, 
^ 
and reversion shall be effected one year after such notice, unless 
within such one-year period the State brings an appropriate 
action in the United States District C!ourt for the District of 
Alaska to establish that the use has been continuing without an 
eighteen-year lapse. Any such action shall have the effect of 
staying reversion until exhaustion of appellate review from the 
final judgment in that action or termination of the right to seek 
such review, whichever first occurs. 
(c) Upon such reversion pursuant to subsection (b) of this section, 
the Secretary of the Interior shall immediately convey by patent to 
abutting landowners all right, title and interest of the United 
States. Where land abutting the reverted right-of-way is owned by 
different persons or entities, the conveyance made pursuant to this 
96 STAT. 2576 
PUBLIC LAW 97-468—JAN. 14, 1983 
subsection shall extend the property of each abutting owner to the 
centerline of the right-of-way. 
(d) If use is discontinued (as that term is used in subsection (b) of 
this section) of all or part of those properties of the Alaska Railroad 
transferred to the State pursuant to this title which lie within the 
boundaries of the Denali National Park and Preserve or the Chu-
gach National Forest, such properties or part thereof (including 
permanent improvements to the property) shall revert to the United 
States and shsdl not be subject to subsection (c) of this section. Upon 
such reversion, jurisdiction over that property shall be transferred 
to the Secretary of the Interior or the Secretary of Agriculture, as 
appropriate, for administration as part of the Denali National Park 
and Preserve or the Chugach National Forest. 
(e) Except as provided in subsections (a) through (d) of this section, 
if, within five years after the date of transfer to the State pursuant 
to section 604 of this title, the State sells or transfers all or substan-
tially all of the State-owned railroad to an entity other than an 
instrumentality of the State, the proceeds from the sale or transfer 
that exceed the cost of any rehabilitation and improvement made by 
the State for the State-owned railroad and any net liabilities 
incurred by the State for the State-owned railroad shall be paid into 
the general fund of the Treasury of the United States. 
(f) The Attorney General, upon the request of the Secretary, the 
Secretary of the Interior, or the Secretary of Agriculture, shall 
institute appropriate proceedings to enforce this section in the 
United States District Court for the District of Alaska. 
OTHER DISPOSITION 
45 use 1210. 
SEC. 611. If the Secretary has not certified that the State has 
satisfied the conditions under section 604 within one year after the 
date of delivery of the report referred to in section 605(a) of this 
title, the Secretary may dispose of the rail properties of the Alaska 
Railroad. Any disposal under this section shall give preference to a 
^ 
buyer or transferee who will continue to operate rail service, except 
that— 
(1) such preference shall not diminish or modify the rights of 
the Cook Inlet Region, Incorporated (as that term is used in 
section 12 of the Act of January 2, 1976 (Public Law 94-204; 89 
Stat. 1150)), pursuant to such section, as amended by section 
Ante, p. 2564. 
606(d) of this title; and 
(2) this section shall not be construed to diminish or modify 
the powers of consent of the Secretary or the State under 
section 120t)X8) of such Act, as amended by section 606(d)(5) of 
this title. 
Any disposal under this section shall be subject to valid existing 
rights. 
DENAU NATIONAL PARK AND PRESERVE LANDS 
45 use 1211. 
SEC. 612. On the date of transfer to the State (pursuant to section 
604 of this title) or other disposition (pursuant to section 611 of this 
title), that portion of rail properties of the Alaska Railroad within 
the Denali National Park and Preserve shall, subject to the exclu-
sive-use easement granted pursuant to section 6O40t)XlXD) of this 
title, be transferred to the Secretary of the Interior for administra-
tion as part of the Denali National Park and Preserve, except that a 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2577 
transferee under section 611 of this title shall receive the same 
interest as the State under section 604(bXlXD) of this title. 
APPUCABILTTY OF OTHER LAWS 
SEC. 613. (a) The provisions of chapter 5 of title 5, United States 45 U
S
C 1212. 
Code (popularly known £is the Administrative Procedure Act, and 5 USC 500 et seq. 
including provisions popularly known as the Grovernment in the 
Sunshine Act), the Federal Advisory Committee Act (5 U.S.C. App. 1 5 use app. 
et seq.), the National Historic Preservation Act (16 U.S.C. 470 et 
seq.), section 4(f) of the Department of Transportation Act (49 U.S.C. 
1653(f)), and the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) shall not apply to actions taken pursuant to this 
title, except to the extent that such laws may be applicable to 
granting of rights-of-way under section 609 of this title. 
(b) The enactment of this title, actions taken during the transition 
period as provided in section 605 of this title, and transfer of the rail 
properties of the Alaska Railroad under authority of this title shall 
be deemed not to be the disposal of Federal surplus property under 
the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 484) or the Act of October 3,1944, popularly referred to as the 
"Surplus Property Act of 1944" (50 U.S.C. App. 1622). Such events 
shall not constitute or cause the revocation of any prior withdrawal 
or reservation of land for the use of the Alaska Railroad under the 
Act of March 12, 1914 (43 U.S.C. 975 et seq.), the Alaska Statehood 
Act (note preceding 48 U.S.C. 21), the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.), the Act of January 2,1976 (Public 
Law 94-204; 89 Stat. 1145), the Alaska National Interest Lands 
Conservation Act (Public Law 96-487; 94 Stat. 2371), and the general 
land and land management laws of the United States. 
(c) Beginning on the date of enactment of this Act, the ceiling on 
Government contributions for Federal employees health benefits 
insurance premiums under section 8906(bX2) of title 5, United States 
Code, shall not apply to the Alaska Railroad. 
(d) Nothing in this title is intended to enlarge or diminish the 
acreage entitlement of the State or any Native Corporation pursu-
ant to existing law. 
(e) With respect to interests of Native Corporations under the 
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) and the 
Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et 
seq.), except as provided in this title, nothing contained in this title 
shall be construed to deny, enlarge, grant, impair, or otherwise 
affect any judgment heretofore entered in a court of competent 
jurisdiction, or valid existing right or claim of valid existing right. 
CONFUCT WITH OTHER LAWS 
SEC. 614. The provisions of this title shall govern if there is any 45 U
S
C 1213. 
conflict between this title and any other law. 
REPEAL AND AMENDMENT OF EXISTING STATUTES 
SEC. 615. (a) On the date of transfer to the State (pursuant to 
section 604 of this title) or other disposition (pursuant to section 611 
of this title), whichever first occurs, the following provisions are 
(1) The Act of March 12,1914 (43 U.S.C. 975 et seq.). 
1
6 U
S
C 353a. 
96 STAT. 2578 
PUBLIC LAW 97-468—JAN. 14, 1983 
48 use 301a. 
(2) The Act of June 24, 1946, to authorize certain expenditures 
by the Alaska Railroad (60 Stat. 304). 
(3) The Act of July 19, 1932, concerning mining of coal adja-
cent to the Alaska Railroad (30 U.S.C. 208a). 
(4) Section 6(i) of the Department of Transportation Act (49 
U.S.C. 1655(i)). 
(b) On the date of transfer to the State (pursuant to section 604 of 
this title) or other disposition (pursuant to section 611 of this title), 
whichever first occurs, the following provisions are amended as 
follows: 
(1) Title 5, United States Code, is amended— 
(A) in section 305(a), by striking paragraph (3), and by 
redesignating paragraphs (4)-(8) as paragraphs (3)-(7), 
respectively; 
(B) in section 3401(1), by striking clause (iii), and by 
redesignating clauses (iv)-(viii) as clauses (iii)-(vii), respec-
tively; 
(C) in section 5102(a)(1), by striking clause (iii), and by 
redesignating 
clauses 
(iv)-(ix) 
as 
clauses 
(iii)-(viii), 
respectively; 
(D) in section 5342(a)(1), by striking subparagraph (C), and 
by redesignating subparagraphs (D)-(J) as subparagraphs 
(C)-(I), respectively; and 
(E) in section 7327, by striking subsection (a), and by 
striking the subsection designation "(b)". 
(2) Section 102(7) of the Railroad Revitalization and Regula-
tory Reform Act of 1976 (45 U.S.C. 802(7)) is amended by strik-
ing "and the Alaska Railroad". 
(3) Section 10749(b) of title 49, United States Code, is 
amended— 
(A) by inserting "or" at the end of paragraph (1)(B); 
(B) by striking "; or" at the end of paragraph (2) and 
inserting in lieu thereof a period; and 
(C) by striking paragraph (3). 
(4) Section 324(a)(1) of the Public Health Service Act (42 
U.S.C. 251(a)(1)) is amended by striking "employees of the 
Alaska Railroad and". 
(5) Section 202(3)(a) of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 410hh-l(3)(a)) is amended by strik-
ing the third sentence. 
(6) Section l(o) of the Railroad Retirement Act of 1974 (45 
U.S.C. 231(o)) is amended by inserting immediately after 
"National Transportation Safety Board," the following: "the 
State-owned railroad (as defined in the Alaska Railroad Trans-
fer Act of 1982), so long as it is an instrumentality of the State 
of Alaska,". 
SEPARABILITY 
45 use 1214. 
SEC. 616. If any provision of this title or the application thereof to 
any person or circumstance is held invalid, the remainder of this 
title and the application of such provision to other persons or 
circumstances shall not be affected thereby. 
PUBLIC LAW 97-468—JAN. 14, 1983 
TITLE VII—RAIL SAFETY 
SHORT TITLE 
96 STAT. 2579 
Federal Railroad 
Safety 
Authorization 
Act of 1982. 
SEC. 701. This title may be referred to as the "Federal Railroad 45 use 421 note. 
Safety Authorization Act of 1982". 
REGULATORY AUTHORITY 
SEC. 702. (a) Section 202(hXl) of the Federal Railroad Safety Act of 
1970 (45 U.S.C. 431(hXl)) is amended to read as follows: 
"(hXlXA) The Secretary shall, within one year after the date of 
enactment of the Federal Railroad Safety Authorization Act of 1982, 
issue such initial rules, regulations, orders, and standards as may be 
necessary to insure that the construction, maintenance, and oper-
ation of railroad passenger equipment maximize safety to rail pas-
sengers. The Secretary shall, as a part of anv such rulemaking, 
consider comparable Federal regulations ana procedures which 
apply to other modes of transportation, especially those adminis-
tered and enforced by the Federal Aviation Administration. The 
Secretaiy shall also consider relevant differences between com-
muter and intercity passenger service. The Secretary shall periodi-
cally review any such rules, regulations, orders, and standards and 
shall, after a nearing in accordance with subsection G
^
) of this 
section, make such revisions in any such rules, regulations, orders, 
and staiidards as may be necessary. 
"(B) The Secretary shall submit to the Congress a report within 
Report to 
one year after the date of enactment of the Federal Railroad Safety 
Congress. 
Authorization Act of 1982 with respect to rules, regulations, orders. Supra. 
and standards issued under subparagraph (A) of this paragraph 
which describes any rules, regulations, orders, and standards issued 
or to be issued under this subsection, explains the reasons for their 
issuance, and compares them to comparable Federal regulations and 
procedures which apply to other modes of transportation, especially 
those administered and enforced by the Federal Aviation 
Administration.". 
(b) The Secretary of Transportation shall, before March 1, 1983, 
conduct a study of the training of onboard operating and service 
railroad personnel in evacuation procedures and the use of emer-
gency equipment. The Secretary shall consider, as part of such 
study. Federal regulations and procedures applicable to other modes 
of transportation. The Secretary shall submit the results of such 
study to the Committee on Commerce, Science and Transportation 
of the Senate, and the Committee on Energy and Commerce of the 
House of Representatives. 
(c) Section 202 of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 431), as amended by subsection (a) of this section, is further 
amended by adding at the end thereof the following new 
subsections: 
"(i) The Secretary shall, within one year after the date of enact- Rules and 
ment of the Federal Railroad Safety Authorization Act of 1982, issue regulations. 
rules, regulations, orders, and standards to apply appropriate safety 
principles to track used for commuter or other short-haul rail 
passenger service in a metropolitan or suburban area. 
"(j) The Secretary shall, within 60 days after the date of enact- Report to 
ment of the Federal Railroad Safety Authorization Act of 1982, Congress. 
report to the Congress on whether to issue rules, regulations, orders, 
Study. 
Submittal to 
congressional 
committees. 
97-200 O—84—pt. 2 
39 : QL3 
96 STAT. 2580 
PUBLIC LAW 97-468—JAN. 14, 1983 
"All areas of 
railroad safety." 
and standards to require that the leading car of any railroad train in 
operation after July 1,1983, be equipped with an acceptable form of 
mounted oscillating light. 
"(k) As used in this section, the term 'all areas of railroad safety' 
includes the safety of commuter or other short-haul rail passenger 
service in a metropolitan or suburban area, including any commuter 
rail service which was operated by the Consolidated Rail Corpora-
tion as of January 1,1979.". 
AUTHORIZATION FOR APPROPRIATIONS 
SEC. 703. Section 214 of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 444) is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by adding immediately after subsection (b) the following new 
subsection: 
"(cXD There are authorized to be appropriated to carry out the 
45 use 435. 
provisions of this Act, except section 206(d) of this title and para-
graph (3) of this subsection, not to exceed $29,300,000 for the fiscal 
year ending September 30, 1983, and not to exceed $31,400,000 for 
the fiscal year ending September 30,1984. 
"(2) To carry out the provisions of section 206(d) of this title 
relating to State safety programs, there are authorized to be appro-
priated not to exceed $2,700,000 for the fiscal year ending September 
30, 1983, and not to exceed $2,900,000 for the fiscal year ending 
September 30,1984. 
"(3) For the purpose of conducting safety research and develop-
ment activities under this Act, there are authorized to be appropri-
ated not to exceed $20,000,000 for the fiscal year ending September 
30, 1983, and not to exceed $21,000,000 for the fiscal year ending 
September 30,1984, including funds for assisting in the treatment of 
alcohol and drug abuse problems of railroad employees.". 
45 use 15. 
MOVEMENT FOR REPAIR 
SEC. 704. Section 4 of the Act of April 14, 1910 (45 U.S.C. 13) is 
amended by striking "where such car can be repaired" and all that 
follows through "at the sole risk of the carrier," and inserting in 
lieu thereof the following: "on the line of railroad on which the car 
was discovered to be defective or insecure where such car can be 
repaired, or, at the option of a connecting carrier, such car may be 
hauled to the nearest available point on the line of such connecting 
carrier where such car can be repaired if such point is no farther 
than the nearest available point on the line on which the car was 
discovered defective or insecure, without liability for the penalties 
imposed by this section or section 6 of this title, if any such 
movement is necessary to make such repairs and such repairs 
cannot be made except at any such repair point; and such movement 
or hauling of such car shall be at the sole risk of the carrier doing 
the moving or hauling,". 
Repeal. 
ASH PAN ACT 
SEC. 705. The Act of May 30, 1908 (45 U.S.C. 17 through 21), 
commonly referred to as the Ash Pan Act, is repealed. 
PUBLIC LAW 97-468—JAN. 14, 1983 
96 STAT. 2581 
RESPONSIBIUTY FOR COMPLIANCE 
SEC. 706. Section 209(a) of the Federal Railroad Safety Act of 1970 
(45 U.S.C. 438(a)) is amended to read as follows: 
"(a) It shall be unlawful for any railroad to fail to comply with any 
rule, regulation, order, or standard prescribed by the Secretary 
under this title.". 
Approved January 14, 1983. 
LEGISLATIVE HISTORY—H.R. 3420 (S. 1099): 
HOUSE REPORTS: No. 97-89, Pt. I (Comm. on Public Works and Transportation) and 
Pt. II (Comm. on Energy and Commerce). 
SENATE REPORT No. 97-74 accompanying S. 1099 (Comm. on Commerce, Science, 
and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 127 (1981): June 1, considered and passed House. 
June 2, S. 1099 considered and passed Senate; proceedings 
vacated. 
July 17, H.R. 3420 considered and passed Senate, amended. 
Vol. 128 (1982): Dec. 20, House agreed to Senate amendments with amend-
ments. 
Dec. 21, Senate concurred in House Eimendments with eimend-
ments; House concurred in Senate amendments.