S.Amdt. 3465

SA 3465. Mr. GARDNER submitted an amendment intended to be proposed
by him to the bill H.R. 636, to amend the Internal Revenue Code of 1986
to permanently extend increased expensing limitations, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. RAILROAD PURPOSE.

Section 24202 of title 49, United States Code, is amended
by adding at the end the following:
``(c) Scope.--
``(1) In general.--Notwithstanding any other provision of
law, any activity, including a commercial activity,
undertaken or conducted by a railroad company, or undertaken
or conducted by another entity and authorized by a railroad
company using a railroad right-of-way shall be expressly
deemed to derive from or further a railroad purpose within
the scope of the right-of-way grant, regardless of whether
such activity is necessary, primarily intended, or originated
for the operation, maintenance, or construction of a
railroad, if such activity--
``(A) contributes to any aspect of a railroad company's
business, subject to paragraph (2); and
``(B) does not interfere with the operation of the
railroad.
``(2) Nonapplicability.--Paragraph (1) shall not apply to
an activity using a railroad right-of-way if such activity
does not have any benefit to the railroad company other than
payment for the use of the railroad right-of-way.
``(3) Authorization required.--Except as otherwise provided
by the Act, no activity using a railroad right-of-way by an
entity other than the railroad company granted the railroad
right-of-way shall be permitted without authorization from
the railroad company if the railroad right-of-way has not
been abandoned by the railroad company.
``(4) Savings clause.--Nothing in this subsection may be
construed to affect the rights to--
``(A) the mineral estate underlying a railroad right-of-
way;
``(B) a railroad right-of-way that has been abandoned; or
``(C) the airspace of a railroad right-of-way.
``(5) Definitions.--In this subsection--
``(A) the term `the Act' means the Act of March 3, 1875 (18
Stat. 482; chapter 152; 43 U.S.C. 934 et seq.), which granted
rights-of-way to railroads; and
``(B) the term `railroad right-of-way' means the subsurface
and surface of a right-of-way granted under the Act.''.
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