
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC1205]

 
                           TITLE 45--RAILROADS
 
                  CHAPTER 21--ALASKA RAILROAD TRANSFER
 
Sec. 1205. Lands to be transferred


(a) Availability of lands among rail properties

    Lands among the rail properties of the Alaska Railroad shall not 
be--
        (1) available for selection under section 12 of the Act of 
    January 2, 1976, as amended (43 U.S.C. 1611, note), subject to the 
    exception contained in section 12(b)(8)(i)(D) of such Act, as 
    amended by subsection (d)(5) of this section;
        (2) available for conveyance under section 1425 of the Alaska 
    National Interest Lands Conservation Act (Public Law 96-487; 94 
    Stat. 2515);
        (3) available for conveyance to Chugach Natives, Inc., under 
    sections 1429 or 1430 of the Alaska National Interest Lands 
    Conservation Act (Public Law 96-487; 94 Stat. 2531) or under 
    sections 12(c) or 14(h)(8) of the Alaska Native Claims Settlement 
    Act (43 U.S.C. 1611(c) and 1613(h)(8), respectively); or
        (4) available under any law or regulation for entry, location, 
    or for exchange by the United States, or for the initiation of a 
    claim or selection by any party other than the State or other 
    transferee under this chapter, except that this paragraph shall not 
    prevent a conveyance pursuant to section 12(b)(8)(i)(D) of the Act 
    of January 2, 1976 (43 U.S.C. 1611, note), as amended by subsection 
    (d)(5) of this section.

(b) Review and settlement of claims; administrative adjudication; 
        management of lands; procedures applicable

    (1)(A) During the ten months following January 14, 1983, so far as 
practicable consistent with the priority of preparing the report 
required pursuant to section 1204(a) of this title, the Secretary of the 
Interior, Village Corporations with claims of valid existing rights, and 
the State shall review and make a good faith effort to settle as many of 
the claims as possible. Any agreement to settle such claims shall take 
effect and bind the United States, the State, and the Village 
Corporation only as of the date of transfer of the railroad.
    (B) At the conclusion of the review and settlement process provided 
in subparagraph (A) of this paragraph, the Secretary of the Interior 
shall prepare a report identifying lands to be conveyed in accordance 
with settlement agreements under this chapter or applicable law. Such 
settlement shall not give rise to a presumption as to whether a parcel 
of land subject to such agreement is or is not public land.
    (2) The Secretary of the Interior shall have the continuing 
jurisdiction and duty to adjudicate unresolved claims of valid existing 
rights pursuant to applicable law and this chapter. The Secretary of the 
Interior shall complete the final administrative adjudication required 
under this subsection not later than three years after January 14, 1983, 
and shall complete the survey of all lands to be conveyed under this 
chapter not later than five years after January 14, 1983, and after 
consulting with the Governor of the State of Alaska to determine 
priority of survey with regard to other lands being processed for patent 
to the State. The Secretary of the Interior shall give priority to the 
adjudication of Village Corporation claims as required in this section. 
Upon completion of the review and settlement process required by 
paragraph (1)(A) of this subsection, with respect to lands not subject 
to an agreement under such paragraph, the Secretary of the Interior 
shall adjudicate which lands subject to claims of valid existing rights 
filed by Village Corporations, if any, are public lands and shall 
complete such final administrative adjudication within two years after 
January 14, 1983.
    (3) Pending settlement or final administrative adjudication of 
claims of valid existing rights filed by Village Corporations prior to 
the date of transfer or while subject to the license granted to the 
State pursuant to section 1203(b)(1)(C) of this title, lands subject to 
such claims shall be managed in accordance with the Memorandum of 
Understanding among the Federal Railroad Administration, the State, 
Eklutna, Incorporated, Cook Inlet Region, Incorporated (as that term is 
used in section 12 of the Act of January 2, 1976 (Public Law 94-204; 89 
Stat. 1150)), and Toghotthele Corporation, executed by authorized 
officers or representatives of each of these entities. Duplicate 
originals of the Memorandum of Understanding shall be maintained and 
made available for public inspection and copying in the Office of the 
Secretary, at Washington, District of Columbia, and in the Office of the 
Governor of the State of Alaska, at Juneau, Alaska.
    (4) The following procedures and requirements are established to 
promote finality of administrative adjudication of claims of valid 
existing rights filed by Village Corporations, to clarify and simplify 
the title status of lands subject to such claims, and to avoid potential 
impairment of railroad operations resulting from joint or divided 
ownership in substantial segments of right-of-way:
        (A)(i) Prior to final administrative adjudication of Village 
    Corporation claims of valid existing rights in land subject to the 
    license granted under section 1203(b)(1)(C) of this title, the 
    Secretary of the Interior may, notwithstanding any other provision 
    of law, accept relinquishment of so much of such claims as involved 
    lands within the right-of-way through execution of an agreement with 
    the appropriate Village Corporation effective on or after the date 
    of transfer. Upon such relinquishment, the interest of the United 
    States in the right-of-way shall be conveyed to the State pursuant 
    to section 1203(b)(1)(B) or (2) of this title.
        (ii) With respect to a claim described in clause (i) of this 
    subparagraph that is not settled or relinquished prior to final 
    administrative adjudication, the Congress finds that exclusive 
    control over the right-of-way by the Alaska Railroad has been and 
    continues to be necessary to afford sufficient protection for safe 
    and economic operation of the railroad. Upon failure of the 
    interested Village Corporation to relinquish so much of its claims 
    as involve lands within the right-of-way prior to final adjudication 
    of valid existing rights, the Secretary shall convey to the State 
    pursuant to section 1203(b)(1)(B) or (2) of this title all right, 
    title and interest of the United States in and to the right-of-way 
    free and clear of such Village Corporation's claim to and interest 
    in lands within such right-of-way.
        (B) Where lands within the right-of-way, or any interest in such 
    lands, have been conveyed from Federal ownership prior to January 
    14, 1983, or is subject to a claim of valid existing rights by a 
    party other than a Village Corporation, the conveyance to the State 
    of the Federal interest in such properties pursuant to section 
    1203(b)(1)(B) or (2) of this title shall grant not less than an 
    exclusive-use easement in such properties. The foregoing 
    requirements shall not be construed to permit the conveyance to the 
    State of less than the entire Federal interest in the rail 
    properties of the Alaska Railroad required to be conveyed by section 
    1203(b) of this title. If an action is commenced against the State 
    or the United States contesting the validity or existence of a 
    reservation of right-of-way for the use or benefit of the Alaska 
    Railroad made prior to January 14, 1983, the Secretary of the 
    Interior, through the Attorney General, shall appear in and defend 
    such action.

(c) Judicial review; remedies available; standing of State

    (1) The final administrative adjudication pursuant to subsection (b) 
of this section shall be final agency action and subject to judicial 
review only by an action brought in the United States District Court for 
the District of Alaska.
    (2) No administrative or judicial action under this chapter shall 
enjoin or otherwise delay the transfer of the Alaska Railroad pursuant 
to this chapter, or substantially impair or impede the operations of the 
Alaska Railroad or the State-owned railroad.
    (3) Before the date of transfer, the State shall have standing to 
participate in any administrative determination or judicial review 
pursuant to this chapter. If transfer to the State does not occur 
pursuant to section 1203 of this title, the State shall not thereafter 
have standing to participate in any such determination or review.

(d) Omitted

(e) Liability of State for damage to land while used under license

    The State shall be liable to a party receiving a conveyance of land 
among the rail properties of the Alaska Railroad subject to the license 
granted pursuant to section 1203(b)(1)(C) of this title for damage 
resulting from use by the State of the land under such license in a 
manner not authorized by such license.

(Pub. L. 97-468, title VI, Sec. 606(a)-(c), (e), Jan. 14, 1983, 96 Stat. 
2564-2566, 2571; Pub. L. 98-620, title IV, Sec. 402(52), Nov. 8, 1984, 
98 Stat. 3361.)

                       References in Text

    Section 12 of the Act of January 2, 1976, as amended, referred to in 
subsecs. (a)(1), (4) and (b)(3), is section 12 of Pub. L. 94-204, Jan. 
2, 1976, 89 Stat. 1150, as amended, which is set out as a note under 
section 1611 of Title 43, Public Lands. Section 12(b)(8)(i)(D) of such 
Act as amended by subsection (d)(5) of this section is the amendment of 
subsection (b)(8)(i)(D) of section 12 of Pub. L. 94-204 by section 
606(d)(5) of Pub. L. 97-468, title VI, Jan. 14, 1983, 96 Stat. 2566.
    The Alaska National Interest Lands Conservation Act, referred to in 
subsecs. (a)(2) and (c), is Pub. L. 96-497, Dec. 2, 1980, 94 Stat. 2371, 
as amended. Sections 1425, 1429, and 1430 of the Act (94 Stat. 2515, 
2531) were not classified to the Code. For complete classification of 
this Act to the Code, see Short Title note set out under section 3101 of 
Title 16, Conservation, and Tables.

                          Codification

    Section is comprised of subsecs. (a)-(c) and (e) of section 606 of 
Pub. L. 97-468. Subsec. (d) of section 606 of Pub. L. 97-468 amended 
section 12 of Pub. L. 94-204, which is set out as a note under section 
1611 of Title 43, Public Lands.


                               Amendments

    1984--Subsec. (c)(1). Pub. L. 98-620 struck out provision that 
required review of agency action pursuant to this chapter to be 
expedited to same extent as expedited review provided by section 1108 of 
the Alaska National Interest Lands Conservation Act (16 U.S.C. 3168).


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 
8, 1984, see section 403 of Pub. L. 98-620, set out as a note under 
section 1657 of Title 28, Judiciary and Judicial Procedure.

                  Section Referred to in Other Sections

    This section is referred to in sections 1203, 1204 of this title.
