45 U.S.C. § 1210 — Other disposition

Page 259 TITLE 45—RAILROADS § 1212 1 See References in Text note below. 1 See References in Text note below. popularly known as the Alaska Railroad Act, which en- acted section 353a of Title 16, Conservation, and sec- tions 975 to 975g of Title 43, Public Lands, and which was repealed by section 615(a)(1) of Pub. L. 97–468 effec- tive on the date of transfer of Alaska Railroad to the State [Jan. 5, 1985], pursuant to section 1203 of this title. Section 615 of this title, referred to in subsec. (b), means section 615 of title VI of Pub. L. 97–468, Jan. 14, 1983, 96 Stat. 2577. Title VI of Pub. L. 97–468 is known as the Alaska Railroad Transfer Act of 1982 and is clas- sified principally to this chapter. Under section 615, the repeal is effective on the date of transfer to the State of Alaska (pursuant to section 1203 of this title) or other disposition (pursuant to section 1210 of this title), whichever first occurs. AMENDMENTS 2003—Subsec. (c). Pub. L. 108–7 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 section 1209 of this title. For purposes of such section, the date of the approval of any such right-of-way shall be deemed the ‘date of transfer’.’’ § 1209. Repealed. Pub. L. 108–7, div. I, title III, § 345(5), Feb. 20, 2003, 117 Stat. 418 Section, Pub. L. 97–468, title VI, § 610, Jan. 14, 1983, 96 Stat. 2575, related to reversion from the State of rail- road property to the United States. § 1210. Other disposition If the Secretary has not certified that the State has satisfied the conditions under section 1203 of this title within one year after the date of delivery of the report referred to in section 1204(a) of this title, the Secretary may dispose of the rail properties of the Alaska Railroad. Any disposal under this section shall give preference to a buyer or transferee who will continue to op- erate rail service, except that— (1) such preference shall not diminish or modify the rights of the Cook Inlet Region, In- corporated (as that term is used in section 12 of the Act of January 2, 1976 (Public Law 94–204; 89 Stat. 1150)), pursuant to such section, as amended by section 606(d) of this title; 1 and (2) this section shall not be construed to di- minish or modify the powers of consent of the Secretary or the State under section 12(b)(8) of such Act, as amended by section 606(d)(5) of this title.1 Any disposal under this section shall be subject to valid existing rights. (Pub. L. 97–468, title VI, § 611, Jan. 14, 1983, 96 Stat. 2576.) Editorial Notes REFERENCES IN TEXT Section 12 of the Act of January 2, 1976, referred to in pars. (1) and (2), is section 12 of Pub. L. 94–204, Jan. 2, 1976, 89 Stat. 1150, which is set out as a note under sec- tion 1611 of Title 43, Public Lands. Section 606(d) of this title, referred to in pars. (1) and (2), means section 606(d) of title VI of Pub. L. 97–468, Jan. 14, 1983, 96 Stat. 2566. § 1211. Denali National Park and Preserve lands On the date of transfer to the State (pursuant to section 1203 of this title) or other disposition (pursuant to section 1210 of this title), that por- tion of rail properties of the Alaska Railroad within the Denali National Park and Preserve shall, subject to the exclusive-use easement granted pursuant to section 1203(b)(1)(D) of this title, be transferred to the Secretary of the Inte- rior for administration as part of the Denali Na- tional Park and Preserve, except that a trans- feree under section 1210 of this title shall receive the same interest as the State under section 1203(b)(1)(D) of this title. (Pub. L. 97–468, title VI, § 612, Jan. 14, 1983, 96 Stat. 2576.) § 1212. Applicability of other laws (a) Actions subject to other laws The provisions of chapter 5 of title 5 (popu- larly known as the Administrative Procedure Act, and including provisions popularly known as the Government in the Sunshine Act), chap- ter 10 of title 5, division A of subtitle III of title 54, section 303 of title 49, and the National Envi- ronmental Policy Act of 1969 (42 U.S.C. 4321 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. (b) Federal surplus property disposal; with- drawal or reservation of land for use of Alas- ka Railroad The enactment of this chapter, actions taken during the transition period as provided in sec- tion 1204 of this title, and transfer of the rail properties of the Alaska Railroad under author- ity of this chapter shall be deemed not to be the disposal of Federal surplus property under sec- tions 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).1 Such events shall not constitute or cause the revoca- tion 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 et seq.), the Alaska Statehood Act (note preceding 48 U.S.C. 21), the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), the Act of January 2, 1976 (Public Law 94–204; 89 Stat. 1145), the Alaska National Interest Lands Conservation Act (Pub- lic Law 96–487; 94 Stat. 2371), and the general land and land management laws of the United States. (c) Ceiling on Government contributions for Fed- eral employees health benefits insurance premiums Beginning on January 14, 1983, the ceiling on Government contributions for Federal employ- ees health benefits insurance premiums under section 8906(b)(2) of title 5 shall not apply to the Alaska Railroad. (d) Acreage entitlement of State or Native Cor- poration Nothing in this chapter is intended to enlarge or diminish the acreage entitlement of the State or any Native Corporation pursuant to existing law.