US Code

Public Law 119-73 (01/23/2026)

45 U.S.C. § 1208

Future rights-of-way

(a)

Access across Federal lands; application approval

After , the State or State-owned railroad may request the Secretary of the Interior or the Secretary of Agriculture, as appropriate under law, to expeditiously approve an application for a right-of-way in order that the Alaska 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 conveyance of any necessary or convenient terminal and station grounds and material sites in the vicinity of the right-of-way for which an application has been submitted.

(b)

Consultative requirements prior to approval of application; conformance of rights-of-way, etc.

43 U.S.C. 975section 1202(6) of this titlesection 615 of this title1

1 See References in Text note below.
Before approving a right-of-way application described in subsection (a) of this section, the Secretary of the Interior or the Secretary of Agriculture, as appropriate, shall consult with the Secretary. Approval of an application for a right-of-way, permit, lease, or conveyance described in subsection (a) of this section shall be pursuant to applicable law. Rights-of-way, grounds, and sites granted pursuant to this section and other applicable law shall conform, to the extent possible, to the standards provided in the Act of ( et seq.) and . Such conformance shall not be affected by the repeal of such Act under .

Pub. L. 97–468, title VI, § 60996 Stat. 2574Pub. L. 108–7, div. I, title III, § 345(5)117 Stat. 418(, , ; , , .)

Editorial Notes

References in Text

43 U.S.C. 975act Mar. 12, 1914, ch. 3738 Stat. 305section 353a of Title 16section 615(a)(1) of Pub. L. 97–468section 1203 of this titleAct of ( et seq.), referred to in subsec. (b), is , , popularly known as the Alaska Railroad Act, which enacted , Conservation, and sections 975 to 975g of Title 43, Public Lands, and which was repealed by effective on the date of transfer of Alaska Railroad to the State [], pursuant to .

Section 615 of this titlesection 615 of title VI of Pub. L. 97–46896 Stat. 2577Pub. L. 97–468section 1203 of this titlesection 1210 of this title, referred to in subsec. (b), means , , . Title VI of is known as the Alaska Railroad Transfer Act of 1982 and is classified principally to this chapter. Under section 615, the repeal is effective on the date of transfer to the State of Alaska (pursuant to ) or other disposition (pursuant to ), whichever first occurs.

Amendments

Pub. L. 108–7section 1209 of this title2003—Subsec. (c). struck out subsec. (c) which read as follows: “Reversion to the United States of any portion of any right-of-way or exclusive-use easement granted to the State or State-owned railroad shall occur only as provided in . For purposes of such section, the date of the approval of any such right-of-way shall be deemed the ‘date of transfer’.”