45 U.S.C. § 1116 — Applicability of other laws

Page 247 TITLE 45—RAILROADS § 1201 1 See References in Text note below. tion 743 of this title. Subsec. (c) of section 1167, which was set out as subsec. (b) of this section and which pro- vided that the clerk of the special court convey to the Secretary certain series B preferred stock and common stock of Conrail on deposit with the court, and author- ized the Secretary to hold and exercise all rights to such Conrail securities, was repealed by Pub. L. 99–509, title IV, § 4033(c)(1)(C)(i)(IV), Oct. 21, 1986, 100 Stat. 1908. § 1116. Applicability of other laws (a) The provisions of chapters 5 and 7 of title 5 (popularly known as the Administrative Proce- dure Act and including provisions popularly known as the Government in the Sunshine Act), chapter 10 of title 5, section 102(2)(C) of the Na- tional Environmental Policy Act of 1969 [42 U.S.C. 4332(2)(C)], division A of subtitle III of title 54, and section 303 of title 49 are inappli- cable to actions taken in negotiating, approv- ing, or implementing service transfers under title IV of the Regional Rail Reorganization Act of 1973 [45 U.S.C. 761 et seq.] 1 and to the imple- mentation of the sale of the interest of the United States in Conrail under the Conrail Pri- vatization Act [45 U.S.C. 1301 et seq.]. (b) The operation of trains by Conrail shall not be subject to the requirement of any State or local law which specifies the minimum num- ber of crew members who must be employed in connection with the operation of such trains. (Pub. L. 97–35, title XI, § 1168, Aug. 13, 1981, 95 Stat. 687; Pub. L. 99–509, title IV, § 4033(c)(1)(B), Oct. 21, 1986, 100 Stat. 1908; Pub. L. 113–287, § 5(m)(1), Dec. 19, 2014, 128 Stat. 3271; Pub. L. 117–286, § 4(a)(288), Dec. 27, 2022, 136 Stat. 4337.) Editorial Notes REFERENCES IN TEXT The Administrative Procedure Act, referred to in sub- sec. (a), is act June 11, 1946, ch. 324, 60 Stat. 237, which was classified to sections 1001 to 1011 of former title 5 and which was repealed and reenacted as subchapter II (§ 551 et seq.) of chapter 5, and chapter 7 (§ 701 et seq.), of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378. The Government in the Sunshine Act, referred to in subsec. (a), is Pub. L. 94–409, Sept. 13, 1976, 90 Stat. 1241, which enacted section 552b of Title 5, amended sections 551, 552, 556, and 557 of Title 5, section 10 of Pub. L. 92–463, formerly set out in the Appendix to Title 5, and section 410 of Title 39, Postal Service, and enacted pro- visions set out as notes under section 552b of Title 5. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under sec- tion 552b of Title 5 and Tables. The Regional Rail Reorganization Act of 1973, re- ferred to in subsec. (a), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985. Title IV of the Regional Rail Reorganization Act of 1973 was classified generally to subchapter IV (§ 761 et seq.) of chapter 16 of this title, and was re- pealed by Pub. L. 99–509, title IV, § 4033(a)(1), Oct. 21, 1986, 100 Stat. 1908. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 701 of this title and Tables. The Conrail Privatization Act, referred to in subsec. (a), is subtitle A (§§ 4001–4052) of title IV of Pub. L. 99–509, Oct. 21, 1986, 100 Stat. 1892, which is classified principally to chapter 22 (§ 1301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. CODIFICATION In subsec. (a), ‘‘section 303 of title 49’’ substituted for ‘‘section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 1653(f)]’’ on authority of Pub. L. 97–449, § 6(b), Jan. 12, 1983, 96 Stat. 2443, the first section of which enacted subtitle I (§ 101 et seq.) and chapter 31 (§ 3101 et seq.) of subtitle II of Title 49, Transportation. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5,’’ for ‘‘the Federal Advisory Committee Act,’’. 2014—Subsec. (a). Pub. L. 113–287, which directed sub- stitution of ‘‘division A of subtitle III of title 54’’ for ‘‘the National Historic Preservation Act’’, was exe- cuted by making the substitution for ‘‘the National Historic Preservation Act of 1966’’ to reflect the prob- able intent of Congress. 1986—Subsec. (a). Pub. L. 99–509 inserted ‘‘and to the implementation of the sale of the interest of the United States in Conrail under the Conrail Privatization Act’’. CHAPTER 21—ALASKA RAILROAD TRANSFER Sec. 1201. Findings. 1202. Definitions. 1203. Transfer authorization. 1204. Transition period. 1205. Lands to be transferred. 1206. Employees of Alaska Railroad. 1207. State operation. 1208. Future rights-of-way. 1209. Repealed. 1210. Other disposition. 1211. Denali National Park and Preserve lands. 1212. Applicability of other laws. 1213. Conflict with other laws. 1214. Separability. § 1201. Findings The Congress finds that— (1) the Alaska Railroad, which was built by the Federal Government to serve the transpor- tation and development needs of the Territory of Alaska, presently is providing freight and passenger services that primarily benefit resi- dents and businesses in the State of Alaska; (2) many communities and individuals in Alaska are wholly or substantially dependent on the Alaska Railroad for freight and pas- senger service and provision of such service is an essential governmental function; (3) continuation of services of the Alaska Railroad and the opportunity for future expan- sion of those services are necessary to achieve Federal, State, and private objectives; how- ever, continued Federal control and financial support are no longer necessary to accomplish these objectives; (4) the transfer of the Alaska Railroad and provision for its operation by the State in the manner contemplated by this chapter is made pursuant to the Federal goal and ongoing pro- gram of transferring appropriate activities to the States; (5) the State’s continued operation of the Alaska Railroad following the transfer con- templated by this chapter, together with such expansion of the railroad as may be necessary or convenient in the future, will constitute an appropriate public use of the rail system and associated properties, will provide an essential governmental service, and will promote the general welfare of Alaska’s residents and visi- tors; and