
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: 45USC1212]

 
                           TITLE 45--RAILROADS
 
                  CHAPTER 21--ALASKA RAILROAD TRANSFER
 
Sec. 1212. Applicability of other laws


(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), the Federal Advisory Committee 
Act (5 U.S.C. App. 1 et seq.), the National Historic Preservation Act 
(16 U.S.C. 470 et seq.), section 303 of title 49, and the National 
Environmental 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; 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, 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 
the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
484) [40 U.S.C. 471 et seq.] or the Act of October 3, 1944, popularly 
referred to as the ``Surplus Property Act of 1944'' (50 U.S.C. App. 
1622). 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 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 (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 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 et seq.) and the Alaska 
National Interest Lands Conservation Act (16 U.S.C. 3101 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.

(Pub. L. 97-468, title VI, Sec. 613, Jan. 14, 1983, 96 Stat. 2577.)

                       References in Text

    The Administrative Procedure Act, referred to in subsec. (a), is act 
June 11, 1946, ch. 324, 60 Stat. 237, as amended, which was classified 
to sections 1001 to 1011 of former title 5 and which was repealed and 
reenacted as subchapter II (Sec. 551 et seq.) of chapter 5, and chapter 
7 (Sec. 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, Government Organization and Employees, amended sections 
551, 552, 556, and 557 of Title 5, section 10 of Pub. L. 92-463, set out 
in the Appendix to Title 5, and section 410 of Title 39, Postal Service, 
and enacted provisions set out as notes under section 552b of Title 5. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 552b of Title 5 and Tables.
    The Federal Advisory Committee Act, referred to in subsec. (a), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5.
    The National Historic Preservation Act, referred to in subsec. (a), 
is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended, which is 
classified generally to subchapter II (Sec. 470 et seq.) of chapter 1A 
of Title 16, Conservation. For complete classification of this Act to 
the Code, see section 470(a) of Title 16 and Tables.
    The National Environmental Policy Act of 1969, referred to in 
subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, 
which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 
42, The Public Health and Welfare. For complete classification of this 
Act to the Code, see Short Title note set out under section 4321 of 
Title 42 and Tables.
    The Federal Property and Administrative Services Act of 1949, 
referred to in subsec. (b), is act June 30, 1949, ch. 288, 63 Stat. 377, 
as amended. The provisions of that Act relating to management and 
disposal of government property are classified to chapter 10 (Sec. 471 
et seq.) of Title 40, Public Buildings, Property, and Works. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 471 of Title 40 and Tables.
    Act of October 3, 1944, popularly referred to as the ``Surplus 
Property Act of 1944'', referred to in subsec. (b), is act Oct. 3, 1944, 
ch. 479, 58 Stat. 765, known as the Surplus Property Act of 1944, which 
was classified principally to sections 1611 to 1646 of Title 50, 
Appendix, War and National Defense, and was repealed effective July 1, 
1949, with the exception of sections 1622, 1631, 1637, and 1641 of Title 
50, Appendix, by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1), 
63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 
Stat. 583. Sections 1622 and 1641 were partially repealed by the 1949 
act, and section 1622 is still set out in part in Title 50, Appendix. 
Section 1622(g) was repealed and reenacted as sections 47151 to 47153 of 
Title 49, Transportation, by Pub. L. 103-272, Secs. 1(e), 7(b), July 5, 
1994, 108 Stat. 1278-1280, 1379. Section 1631 was repealed by act June 
7, 1939, ch. 190, Sec. 6(e), as added by act July 23, 1946, ch. 590, 60 
Stat. 599, and is covered by sections 98 et seq. of Title 50. Section 
1637 was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, 
eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes 
and Criminal Procedure. Provisions of section 1641 not repealed by the 
1949 act were repealed by Pub. L. 87-256, Sec. 111(a)(1), Sept. 21, 
1961, 75 Stat. 538, and are covered by chapter 33 (Sec. 2451 et seq.) of 
Title 22, Foreign Relations and Intercourse. The provisions of the 
Surplus Property Act of 1944 originally repealed by the 1949 act are 
covered by chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, 
Property, and Works.
    Act of March 12, 1914, referred to in subsec. (b), is act Mar. 12, 
1914, ch. 37, 38 Stat. 305, as amended, popularly known as the Alaska 
Railroad Act, which enacted section 353a of Title 16, Conservation, and 
sections 975 to 975g of Title 43, Public Lands, and which was repealed 
by section 615(a)(1) of Pub. L. 97-468 effective on the date of transfer 
of Alaska Railroad to the State [Jan. 5, 1985], pursuant to section 1203 
of this title.
    The Alaska Statehood Act, referred to in subsec. (b), is Pub. L. 85-
508, July 7, 1958, 72 Stat. 339, as amended, which is set out as a note 
preceding section 21 of Title 48, Territories and Insular Possessions. 
For complete classification of this Act to the Code, see Tables.
    The Alaska Native Claims Settlement Act, referred to in subsecs. (b) 
and (e), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, 
which is classified generally to chapter 33 (Sec. 1601 et seq.) of Title 
43, Public Lands. For complete classification of this Act to the Code, 
see Short Title note set out under section 1601 of Title 43 and Tables.
    Act of January 2, 1976 (Public Law 94-204; 89 Stat. 1145), referred 
to in subsec. (b), amended the Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.). For complete classification of this Act to the 
Code, see Tables.
    The Alaska National Interest Lands Conservation Act, referred to in 
subsecs. (b) and (e), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as 
amended. For complete classification of this Act to the Code, see Short 
Title note set out under section 3101 of Title 16, Conservation, and 
Tables.
    The general land and land management laws of the United States, 
referred to in subsec. (b), are classified generally to Title 43, Public 
Lands.

                          Codification

    In subsec. (a), ``section 303 of title 49'' substituted for 
``section 4(f) of the Department of Transportation Act (49 U.S.C. 
1653(f))'' on authority of Pub. L. 97-449, Sec. 6(b), Jan. 12, 1983, 96 
Stat. 2443, the first section of which enacted subtitle I (Sec. 101 et 
seq.) and chapter 31 (Sec. 3101 et seq.) of subtitle II of Title 49, 
Transportation.
