[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 628 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 628

 To authorize the Secretary of the Interior to convey a railroad right 
 of way between North Pole, Alaska, and Delta Junction, Alaska, to the 
                      Alaska Railroad Corporation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2011

  Ms. Murkowski (for herself and Mr. Begich) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of the Interior to convey a railroad right 
 of way between North Pole, Alaska, and Delta Junction, Alaska, to the 
                      Alaska Railroad Corporation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alaska Railroad Right of Way 
Extension Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Freight trains provide an efficient, reliable, all-
        weather transportation system that produce less greenhouse gas 
        emissions and are 70 percent more fuel efficient than trucks 
        for large loads. The American Association of Railroads reports 
        that a freight train can carry 457 ton-miles per gallon of 
        diesel fuel and are substantially more fuel efficient than 
        other forms of surface transportation.
            (2) The Alaska Railroad Act (38 Stat. 305), which was 
        signed into law on March 12, 1914, authorized the construction 
        of a 1,000-mile rail line in the Territory of Alaska ``to best 
        aid in the development of the agricultural and mineral or other 
        resources of Alaska . . . and so as to provide transportation 
        of coal for the Army and Navy, transportation of troops, arms, 
        munitions of war, the mails, and for other governmental and 
        public purposes''.
            (3) The Alaska Railroad, which was constructed between 1915 
        and 1923, consists of only 467 miles of main line tracks. An 
        additional 533 miles of tracks could be constructed under the 
        original authorization.
            (4) An 80-mile rail extension between North Pole and Delta 
        Junction--
                    (A) would greatly benefit the Department of 
                Defense, which has large training areas south of the 
                Tanana River between Fairbanks and Delta Junction;
                    (B) would provide access to the Joint Pacific Area 
                Range Complex, which is currently limited to ice roads 
                during winter;
                    (C) would enable the United States Army to mobilize 
                military units to a staging area immediately south of 
                the Tanana River;
                    (D) would enable the United States Air Force to 
                move large freight to the Fort Greely missile intercept 
                complete located near Delta Junction; and
                    (E) would facilitate the economical movement of 
                commercial freight and passenger transportation, 
                including tourism.

SEC. 3. CONVEYANCE OF LAND IN ALASKA FOR RAILROAD RIGHT OF WAY.

    (a) Conveyance Authorized.--The Secretary of the Interior, and such 
other Federal officials as may be necessary and appropriate, shall 
convey to the Alaska Railroad Corporation (referred to in this section 
as the ``Alaska Railroad'') all rights, title, and interests held by 
the United States to approximately 950 acres of land located between 
North Pole, Alaska, and Delta Junction, Alaska, for the purpose of 
constructing a railroad corridor and related support areas and 
structures.
    (b) Description of Property.--
            (1) Determination.--The exact acreage and final route 
        configuration of the conveyance authorized under subsection (a) 
        shall be determined pursuant to the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) process conducted 
        by the Surface Transportation Board.
            (2) Surveys.--The legal description of the real property to 
        be conveyed under subsection (a) shall be determined by surveys 
        satisfactory to the Secretary of the Interior. The cost of the 
        surveys shall be borne by the Alaska Railroad.
    (c) Additional Terms and Conditions.--
            (1) In general.--The Secretary of the Interior, and such 
        other Federal officials as may be necessary and appropriate, 
        may require such additional terms and conditions in connection 
        with the conveyances described in subsection (a) as may be 
        appropriate to protect the interests of the United States.
            (2) Scope of conveyance.--
                    (A) In general.--The interest conveyed to the 
                Alaska Railroad by the United States under subsection 
                (a) shall be a full title interest, substantially 
                equivalent to the title interest received by the Alaska 
                Railroad under the Alaska Railroad Transfer Act of 1982 
                (45 U.S.C. 1201 et seq.) except as provided in 
                subparagraph (B).
                    (B) Exclusive use right-of-way.--If the Secretary 
                of the Interior, the Alaska Railroad, and such other 
                Federal officials as may be appropriate concur, the 
                interest conveyed to the Alaska Railroad in designated 
                areas shall be an exclusive use right-of-way in 
                perpetuity, to include the full rail and utility 
                franchise with reversion to conveyance described in 
                subparagraph (A) in the event of future Federal 
                disposition of fee title.
            (3) Construction.--The railroad extension shall be 
        constructed in phases after the Surface Transportation Board 
        has approved the entire route.
    (d) Consideration.--
            (1) In general.--The Alaska Railroad, shall, in 
        consideration for the land conveyed by the United States under 
        this section--
                    (A) convey, or cause to be conveyed, exchange 
                property in accordance with paragraph (3);
                    (B) pay the purchase price for such real property, 
                in accordance with paragraph (4); or
                    (C) pay other consideration as may be negotiated 
                with the Secretary of Interior and other Federal 
                officials, as appropriate.
            (2) Number of payments.--Conveyance and payment of 
        consideration may be made through a single payment for the 
        entire route or through separate payments for each portion of 
        the route, as selected by the Alaska Railroad.
            (3) Replacement property.--If the Alaska Railroad chooses 
        to provide consideration under paragraph (1)(A), the Alaska 
        Railroad shall convey or cause to be conveyed, and pay the cost 
        of conveying, to the United States, fee simple title to land 
        that the Secretary of the Interior determines to be suitable in 
        exchange for the property being conveyed to the Alaska 
        Railroad.
            (4) Purchase price.--If the Alaska Railroad chooses to 
        provide consideration under paragraph (1)(B), the Alaska 
        Railroad shall pay the United States the fair market value of 
        the real property conveyed by the United States based on its 
        highest and best use, as determined by an independent appraisal 
        commissioned by the Secretary of the Interior and paid for by 
        the Alaska Railroad.
            (5) Appraisal.--In carrying out an appraisal under 
        paragraph (4)--
                    (A) the appraisal shall be performed by an 
                appraiser mutually acceptable to the Secretary of the 
                Interior and the Alaska Railroad; and
                    (B) the assumptions, scope of work, and other terms 
                and conditions related to the appraisal assignment 
                shall be mutually acceptable to the Secretary of the 
                Interior and the Alaska Railroad.
            (6) Payment terms.--Payment of the appraised value for any 
        land conveyed to the Alaska Railroad under this section shall 
        be--
                    (A) made by the Alaska Railroad to the United 
                States upon completion of an as-built survey of the 
                completed construction and receipt by the Alaska 
                Railroad of formal conveyance; and
                    (B) without interest or any escalation of the value 
                due to the passage of time or development of the real 
                property.
    (e) Pre-Conveyance Entry.--The Secretary of the Interior, and other 
Federal officials as may be necessary and appropriate, on such terms 
and conditions as may be appropriate, may authorize the Alaska Railroad 
to enter upon the land to be conveyed to the Alaska Railroad at no 
charge for pre-construction and construction activities.
    (f) Savings Provision.--Nothing in this section may be construed to 
affect the duties, responsibilities, or liability of the Federal 
Government under the Comprehensive Environmental Response, Compensation 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) concerning any lands 
conveyed under this section.
                                 <all>