Page:United States Statutes at Large Volume 96 Part 2.djvu/1196

 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 properties acquired, in the ordinary course of business after that date but before the date of transfer, and also including the exclusiveuse 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 demonstrates, 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 appropriated or retained by or for the Alaska Railroad that, as a result of military jurisdiction over, or non-Federal ownership 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, corporation 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, corporation, or other entity; and (15) "Village Corporation" has the same meaning as such term has under section 3(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 16020)).

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