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45 U.S.C. § 1212 — Applicability of other laws
Federal law — U.S. Code and appendices · legal_authorities
**(a) Actions subject to other laws** The provisions of chapter 5 of title 5 (popularly known as the Administrative Procedure Act, and including provisions popularly known as the Government in the Sunshine Act), chapter 10 of title 5, division A of subtitle III of title 54, [section 303 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section303&num=0&edition=prelim), and the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.) shall not apply to actions taken pursuant to this chapter, except to the extent that such laws may be applicable to granting of rights-of-way under [section 1208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1208&num=0&edition=prelim).
**(b) Federal surplus property disposal; withdrawal or reservation of land for use of Alaska Railroad** The enactment of this chapter, actions taken during the transition period as provided in [section 1204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1204&num=0&edition=prelim), and transfer of the rail properties of the Alaska Railroad under authority of this chapter shall be deemed not to be the disposal of Federal surplus property under sections 541 to 555 of title 40 or the Act of October 3, 1944, popularly referred to as the “Surplus Property Act of 1944” (50 U.S.C. App. 1622).11 See References in Text note below. Such events shall not constitute or cause the revocation of any prior withdrawal or reservation of land for the use of the Alaska Railroad under the Act of March 12, 1914 ([43 U.S.C. 975](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-sect
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Stable record: federal_law:legal_authorities:record_usc_afb5fc0b6b2913bd9ec6fe1e
Source file: Laws/federal/codes/united-states-code/title-45/section-1212-applicability-of-other-laws--27248f5e58.md
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Source location: Title 45, Chapter 21, § 1212; chapter-021-alaska-railroad-transfer.md
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**(a) Actions subject to other laws** The provisions of chapter 5 of title 5 (popularly known as the Administrative Procedure Act, and including provisions popularly known as the Government in the Sunshine Act), chapter 10 of title 5, division A of subtitle III of title 54, [section 303 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section303&num=0&edition=prelim), and the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.) shall not apply to actions taken pursuant to this chapter, except to the extent that such laws may be applicable to granting of rights-of-way under [section 1208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1208&num=0&edition=prelim).
**(b) Federal surplus property disposal; withdrawal or reservation of land for use of Alaska Railroad** The enactment of this chapter, actions taken during the transition period as provided in [section 1204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1204&num=0&edition=prelim), and transfer of the rail properties of the Alaska Railroad under authority of this chapter shall be deemed not to be the disposal of Federal surplus property under sections 541 to 555 of title 40 or the Act of October 3, 1944, popularly referred to as the “Surplus Property Act of 1944” (50 U.S.C. App. 1622).11 See References in Text note below. Such events shall not constitute or cause the revocation of any prior withdrawal or reservation of land for the use of the Alaska Railroad under the Act of March 12, 1914 ([43 U.S.C. 975](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section975&num=0&edition=prelim) et seq.), the Alaska Statehood Act (note preceding [48 U.S.C. 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section21&num=0&edition=prelim)), the Alaska Native Claims Settlement Act ([43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.), the Act of January 2, 1976 (Public Law 94–204; 89 Stat. 1145), the Alaska National Interest Lands Conservation Act (Public Law 96–487; 94 Stat. 2371), and the general land and land management laws of the United States.
**(c) Ceiling on Government contributions for Federal employees health benefits insurance premiums** Beginning on January 14, 1983, the ceiling on Government contributions for Federal employees health benefits insurance premiums under [section 8906(b)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8906/b/2&num=0&edition=prelim) shall not apply to the Alaska Railroad.
**(d) Acreage entitlement of State or Native Corporation** Nothing in this chapter is intended to enlarge or diminish the acreage entitlement of the State or any Native Corporation pursuant to existing law.
**(e) Judgments involving interests, etc., of Native Corporations** With respect to interests of Native Corporations under the Alaska Native Claims Settlement Act ([43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.) and the Alaska National Interest Lands Conservation Act ([16 U.S.C. 3101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3101&num=0&edition=prelim) et seq.), except as provided in this chapter, nothing contained in this chapter shall be construed to deny, enlarge, grant, impair, or otherwise affect any judgment heretofore entered in a court of competent jurisdiction, or valid existing right or claim of valid existing right.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary; time, manner, etc., of transfer** Subject to the provisions of this chapter, the United States, through the Secretary, shall transfer all rail properties of the Alaska Railroad to the State. Such transfer shall occur as soon as practicable after the Secretary has made the certifications required by subsection (d) of this section and shall be accomplished in the manner specified in subsection (b) of this section.
**(b) Simultaneous and interim transfers, conveyances, etc.**
(1) On the date of transfer, the Secretary shall simultaneously:
(A) deliver to the State a bill of sale conveying title to all rail properties of the Alaska Railroad except any interest in real property;
(B) deliver to the State an interim conveyance of the rail properties of the Alaska Railroad that are not conveyed pursuant to subparagraph (A) of this paragraph and are not subject to unresolved claims of valid existing rights;
(C) deliver to the State an exclusive license granting the State the right to use all rail properties of the Alaska Railroad not conveyed pursuant to subparagraphs (A) or (B) of this paragraph pending conveyances in accordance with the review and settlement or final administrative adjudication of claims of valid existing rights;
(D) convey to the State a deed granting the State (i) an exclusive-use easement for that portion of the right-of-way of the Alaska Railroad within the Denali National Park and Preserve extending not less than one hundred feet on either side of the main or branch line tracks, and eight feet on either side of the centerline of the “Y” track connecting the main line of the railroad to the power station at McKinley Park Station and (ii) title to railroad-related improvements within such right-of-way.
Prior to
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1203
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of units** In order to preserve for the benefit, use, education, and inspiration of present and future generations certain lands and waters in the State of Alaska that contain nationally significant natural, scenic, historic, archeological, geological, scientific, wilderness, cultural, recreational, and wildlife values, the units described in the following titles are hereby established.
**(b) Preservation and protection of scenic, geological, etc., values** It is the intent of Congress in this Act to preserve unrivaled scenic and geological values associated with natural landscapes; to provide for the maintenance of sound populations of, and habitat for, wildlife species of inestimable value to the citizens of Alaska and the Nation, including those species dependent on vast relatively undeveloped areas; to preserve in their natural state extensive unaltered arctic tundra, boreal forest, and coastal rainforest ecosystems; to protect the resources related to subsistence needs; to protect and preserve historic and archeological sites, rivers, and lands, and to preserve wilderness resource values and related recreational opportunities including but not limited to hiking, canoeing, fishing, and sport hunting, within large arctic and subarctic wildlands and on freeflowing rivers; and to maintain opportunities for scientific research and undisturbed ecosystems.
**(c) Subsistence way of life for rural residents** It is further the intent and purpose of this Act consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for which each conservation system unit is established, designated, or expanded by or pursuant to this Act, to provide the opportunity for rural residents engaged in a subsistence way
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Access across Federal lands; application approval** After January 14, 1983, 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.** 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 March 12, 1914 ([43 U.S.C. 975](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section975&num=0&edition=prelim) et seq.) and [section 1202(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1202/6&num=0&edition=prelim). Such conformance shall not be affected by the repeal of such Act under [section 615 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section615&num=0&edition=prelim).11 See References in Tex
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1208
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Public Advertising for Bids.—**
(1) **Requirement.—**
(A) *In general.—* — Except as provided in subparagraph (B), the Administrator of General Services may make or authorize a disposal or a contract for disposal of surplus property only after public advertising for bids, under regulations the Administrator prescribes.
(B) *Exceptions.—* — This subsection does not apply to disposal or a contract for disposal of surplus property—
(i) under subsection (b) or (d); or
(ii) by abandonment, destruction, or donation or through a contract broker.
(2) **Time, method, and terms.—** — The time, method, and terms and conditions of advertisement must permit full and free competition consistent with the value and nature of the property involved.
(3) **Public disclosure.—** — Bids must be publicly disclosed at the time and place stated in the advertisement.
(4) **Awards.—** — An award shall be made with reasonable promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, is most advantageous to the Federal Government, price and other factors considered. However, all bids may be rejected if it is in the public interest to do so.
**(b) Negotiated Disposal.—** Under regulations the Administrator prescribes, disposals and contracts for disposal may be negotiated without regard to subsection (a), but subject to obtaining competition that is feasible under the circumstances, if—
(1) necessary in the public interest—
(A) during the period of a national emergency declared by the President or Congress, with respect to a particular lot of personal property; or
(B) for a period not exceeding three months, with respect to a specifically described category of personal property as determined by the Administrator;
(2) the publ
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 545
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Joint report by Secretary and Governor of Alaska; contents, preparation, etc.** Within 6 months after January 14, 1983, the Secretary and the Governor of Alaska shall jointly prepare and deliver to the Congress of the United States and the legislature of the State a report that describes to the extent possible the rail properties of the Alaska Railroad, the liabilities and obligations to be assumed by the State, the sum of money, if any, in the Alaska Railroad Revolving Fund to be withheld from the State pursuant to section 1202(10)(C) 11 See Codification note below. of this title, and any personal property to be withheld pursuant to section 1202(10)(D) 1 of this title. The report shall separately identify by the best available descriptions (1) the rail properties of the Alaska Railroad to be transferred pursuant to section 1203(b)(1)(A), (B), and (D) of this title; (2) the rail properties to be subject to the license granted pursuant to [section 1203(b)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1203/b/1/C&num=0&edition=prelim); and (3) the easements to be reserved pursuant to [section 1203(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1203/c/2&num=0&edition=prelim). The Secretaries of Agriculture, Defense, and the Interior and the Administrator of the General Services Administration shall provide the Secretary with all information and assistance necessary to allow the Secretary to complete the report within the time required.
**(b) Inspection, etc., of rail properties and records; terms and conditions; restrictions** During the period from January 14, 1983, until the date of transfer, the State shall have the right to inspect, analyze, photograph, photocopy
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 89–665, title IV, § 406, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4767, related to grants and transfers, contracts and cooperative agreements, and appropriations. See [section 305305 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section305305&num=0&edition=prelim), National Park Service and Related Programs.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided by subsection (b) of this section, and except as otherwise provided in this title or insofar as such laws remain in force as rules or regulations of the Postal Service, no Federal law dealing with public or Federal contracts, property, works, officers, employees, budgets, or funds, including the provisions of chapters 5 and 7 of title 5, shall apply to the exercise of the powers of the Postal Service.
**(b)** The following provisions shall apply to the Postal Service:
(1) section 552 (public information), section 552a (records about individuals), section 552b (open meetings), section 3102 (employment of personal assistants for blind, deaf, or otherwise handicapped employees), section 3110 (restrictions on employment of relatives), section 3333 and chapters 72 (antidiscrimination; right to petition Congress) and 73 (suitability, security, and conduct of employees), section 5520 (withholding city income or employment taxes), and section 5532 11 See References in Text note below. (dual pay) of title 5, except that no regulation issued under such chapters or section shall apply to the Postal Service unless expressly made applicable;
(2) all provisions of title 18 dealing with the Postal Service, the mails, and officers or employees of the Government of the United States;
(3) [section 107 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section107&num=0&edition=prelim) (known as the Randolph-Sheppard Act, relating to vending machines operated by the blind);
(4) the following provisions of title 40:
(A) sections 3114–3116, 3118, 3131, 3133, and 3141–3147; and
(B) chapters 37 and 173;
(5) chapters 65 and 67 of title 41;
(6) sections 2000d, 2000d–1—2000d–4 of title 42 (title VI, the Civil Rights Act of 196
Source: Supplied U.S. Code snapshot — release unconfirmed · 39 U.S.C. § 410
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Federal law — U.S. Code and appendices · legal_authorities
When the United States is at war or Congress has enacted a specific authorization for the use of the Armed Forces, as described in section 5(b) of the War Powers Resolution ([50 U.S.C. 1544(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1544/b&num=0&edition=prelim)), the running of any statute of limitations applicable to any offense (1) involving fraud or attempted fraud against the United States or any agency thereof in any manner, whether by conspiracy or not, or (2) committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States, or (3) committed in connection with the negotiation, procurement, award, performance, payment for, interim financing, cancelation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war or directly connected with or related to the authorized use of the Armed Forces, or with any disposition of termination inventory by any war contractor or Government agency, shall be suspended until 5 years after the termination of hostilities as proclaimed by a Presidential proclamation, with notice to Congress, or by a concurrent resolution of Congress.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.
**(b)** The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of lands crossed by transportation activities or facilities.
**(c) Approval of Programs and Projects.—** Subject to subsections (d) and (h), the Secretary may approve a transportation program or project (other than any project for a park road or parkway under section 204 11 See References in Text note below. of title 23) requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance, or land of an historic site of national, State, or local significance (as determined by the Federal, State, or local officials having jurisdiction over the park, area, refuge, or site) only if—
(1) there is no prudent and feasible alternative to using that land; and
(2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use.
**(d) De Minimis Impacts.—**
(1) **Requirements.—**
(A) *Requirements for historic sites.—* — The requirements of this section shall be considered to be satisfied with respect to an area described in paragraph (2) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 303
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