US Code

Public Law 119-83 (04/13/2026)

45 U.S.C. § 1207

State operation

(a)

Laws, authorities, etc., applicable to State-owned railroad with status as rail carrier engaged in interstate and foreign commerce

(1)
section 1203 of this title1
1 So in original. Probably should be “that part,”.
45 U.S.C. 23126 U.S.C. 320145 U.S.C. 15145 U.S.C. 5145 U.S.C. 351 After the date of transfer to the State pursuant to , the State-owned railroad shall be a rail carrier engaged in interstate and foreign commerce subject to part A of subtitle IV of title 49 and all other Acts applicable to rail carriers subject to that chapter, 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 ( et seq.), the Railroad Retirement Tax Act ( et seq.), the Railway Labor Act ( et seq.), the Act of ( et seq.) (popularly referred to as the “Federal Employers’ Liability Act”), and the Railroad Unemployment Insurance Act ( et seq.). Nothing in this chapter shall preclude the State from explicitly invoking by law any exemption from the antitrust laws as may otherwise be available.
(2)
section 1203 of this title2
2 See References in Text note below.
The transfer to the State authorized by and the conferral of jurisdiction to the Interstate Commerce Commission pursuant to paragraph (1) of this subsection are intended to confer upon the State-owned railroad all business opportunities available to comparable railroads, including contract rate agreements meeting the requirements of section 10713  of title 49, notwithstanding any participation in such agreements by connecting water carriers.
(3)
section 20103(d) of title 49 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 ).
(4)
The operation of trains by the State-owned railroad shall not be subject to the requirement of any State or local law which specifies the minimum number of crew members which must be employed in connection with the operation of such trains.
(5)
Revenues generated by the State-owned railroad, including any amount appropriated or otherwise made available to the State-owned railroad, shall be retained and managed by the State-owned railroad for railroad and related purposes.
(6)
(A)
section 115(a)(1) of title 2622 After the date of transfer, continued operation of the Alaska Railroad by a public corporation, authority or other agency of the State shall be deemed to be an exercise of an essential governmental function, and revenue derived from such operation shall be deemed to accrue to the State for the purposes of . Obligations issued by such entity shall also be deemed obligations of the State for the purposes of section 103(a)(1)  of title 26, but not obligations within the meaning of section 103(b)(2)  of title 26.
(B)
Nothing in this chapter shall be deemed or construed to affect customary tax treatment of private investment in the equipment or other assets that are used or owned by the State-owned railroad.
(b)

Procedures for issuance of certificate of public convenience and necessity; inventory, valuation, or classification of property; additional laws, authorities, etc., applicable

242 U.S.C. 432142 U.S.C. 6362(b)As soon as practicable after , the Interstate Commerce Commission shall promulgate an expedited, modified procedure for providing on the date of transfer a certificate of public convenience and necessity to the State-owned railroad. No inventory, valuation, or classification of property owned or used by the State-owned railroad pursuant to subchapter V  of chapter 107 of title 49 shall be required during the two-year period after the date of transfer. The provisions of the National Environmental Policy Act of 1969 ( et seq.) and section 382(b) of the Energy Policy and Conservation Act () shall not apply to actions of the Commission under this subsection.

(c)

Eligibility for participation in Federal railroad assistance programs

The State-owned railroad shall be eligible to participate in all Federal railroad assistance programs on a basis equal to that of other rail carriers subject to part A of subtitle IV of title 49.

(d)

Laws and regulations applicable to national forest and park lands; limitations on Federal actions

section 1203 of this titleAfter the date of transfer to the State pursuant to , the portion of the rail properties within the boundaries of the Chugach National Forest and the exclusive-use easement within the boundaries of the Denali National Park and Preserve shall be subject to laws and regulations for the protection of forest and park values. The right to fence the exclusive-use easement within Denali National Park and Preserve shall be subject to the concurrence of the Secretary of the Interior. The Secretary of the Interior, or the Secretary of Agriculture where appropriate, shall not act pursuant to this subsection without consulting with the Governor of the State of Alaska or in such a manner as to unreasonably interfere with continued or expanded operations and support functions authorized under this chapter.

(e)

Preservation and protection of rail properties

The State-owned railroad may take any necessary or appropriate action, consistent with Federal railroad safety laws, to preserve and protect its rail properties in the interests of safety.

Pub. L. 97–468, title VI, § 60896 Stat. 2573 Pub. L. 99–514, § 2100 Stat. 2095 Pub. L. 104–88, title III, § 326109 Stat. 951 Pub. L. 108–447, div. H, title I, § 152(1)118 Stat. 3222 (, , ; , , ; , , ; , (2), , .)

Editorial Notes

References in Text

act Aug. 29, 1935, ch. 812 Pub. L. 93–445, title I, § 10188 Stat. 1305 section 231 of this titlesection 231t of this titleThe Railroad Retirement Act of 1974, referred to in subsec. (a)(1), is , as amended generally by , , , which is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of this title. For further details and complete classification of this Act to the Code, see Codification note set out preceding , , and Tables.

act Aug. 16, 1954, ch. 736 68A Stat. 431 section 3233 of Title 26The Railroad Retirement Tax Act, referred to in subsec. (a)(1), is , §§ 3201, 3202, 3211, 3212, 3221, and 3231 to 3233, , which is classified generally to chapter 22 (§ 3201 et seq.) of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see and Tables.

act May 20, 1926, ch. 347 44 Stat. 577 section 151 of this titleThe Railway Labor Act, referred to in subsec. (a)(1), is , , which is classified principally to chapter 8 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see and Tables.

45 U.S.C. 51act Apr. 22, 1908, ch. 149 35 Stat. 65 section 51 of this titleAct of ( et seq.) (popularly referred to as the “Federal Employers’ Liability Act”), referred to in subsec. (a)(1), is , , and is classified generally to chapter 2 (§ 51 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act June 25, 1938, ch. 680 52 Stat. 1094 section 367 of this titleThe Railroad Unemployment Insurance Act, referred to in subsec. (a)(1), is , , which is classified principally to chapter 11 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see and Tables.

Section 10713 of title 49Pub. L. 104–88, title I, § 102(a)109 Stat. 804 section 10709 of Title 49, referred to in subsec. (a)(2), was omitted in the general amendment of subtitle IV of Title 49, Transportation, by , , . Provisions similar to those in section 10713 are contained in .

Pub. L. 99–514, title XIII, § 1301(a)100 Stat. 2602 Section 103, referred to in subsec. (a)(6)(A), which related to interest on certain governmental obligations was amended generally by , , , and as so amended relates to interest on State and local bonds. Section 103(b)(2), which prior to the general amendment defined industrial development bond, relates to the applicability of the interest exclusion to arbitrage bonds.

Pub. L. 104–88, title I, § 102(a)109 Stat. 804 Subchapter V of chapter 107 of title 49, referred to in subsec. (b), was omitted in the general amendment of subtitle IV of Title 49, Transportation, by , , .

Pub. L. 91–19083 Stat. 852 section 4321 of Title 42The National Environmental Policy Act of 1969, referred to in subsec. (b), is , , , which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

section 20103(d) of title 4945 U.S.C. 431(c)Pub. L. 103–272, § 6(b)108 Stat. 1378 In subsec. (a)(3), “” substituted for “section 202(c) of the Federal Railroad Safety Act of 1970 ()” on authority of , , , the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

Amendments

Pub. L. 108–447, § 152(1)2004—Subsec. (a)(5). , inserted “, including any amount appropriated or otherwise made available to the State-owned railroad,” before “shall be retained”.

Pub. L. 108–447, § 152(2)Subsec. (e). , added subsec. (e).

Pub. L. 104–881995—Subsecs. (a)(1), (c). substituted “part A” for “the jurisdiction of the Interstate Commerce Commission under chapter 105”.

Pub. L. 99–5141986—Subsec. (a)(6)(A). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment

Pub. L. 104–88section 2 of Pub. L. 104–88section 1301 of Title 49Amendment by effective , see , set out as an Effective Date note under , Transportation.

Abolition of Interstate Commerce Commission and Transfer of Functions

Pub. L. 104–88section 1302 of Title 49section 101 of Pub. L. 104–88section 1301 of Title 49section 205 of Pub. L. 104–88section 1301 of Title 49Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in , to Surface Transportation Board effective , by , Transportation, and , set out as a note under . References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see , set out as a note under .

Alaska Railroad

Pub. L. 109–59, title IX, § 9006119 Stat. 1925

“(a)

Grants .—

The Secretary [of Transportation] shall make grants to the Alaska Railroad for capital rehabilitation and improvements benefiting its passenger operations.
“(b)

Authorization of Appropriations .—

There are authorized to be appropriated to carry out this section such sums as may be necessary.”
, , , provided that:

Pub. L. 105–178, title VII, § 7204112 Stat. 477 Similar provisions were contained in , , .