Title 45 — RailroadsRelease 119-73
§1212 Applicability of other laws
Title 45 › Chapter CHAPTER 21— - ALASKA RAILROAD TRANSFER › § 1212
Summary
Actions under this chapter are not covered by the Administrative Procedure Act (including the Government in the Sunshine Act), chapter 10 of title 5, division A of subtitle III of title 54, section 303 of title 49, or the National Environmental Policy Act of 1969. One exception: those laws can still apply when granting rights-of-way under section 1208. Passing this chapter, actions during the transition under section 1204, and transferring Alaska Railroad property are not treated as disposing of federal surplus property under sections 541–555 of title 40 or the Surplus Property Act of October 3, 1944 (50 U.S.C. App. 1622). Those events do not cancel earlier land withdrawals or reservations for the railroad under the Act of March 12, 1914; the Alaska Statehood Act; the Alaska Native Claims Settlement Act; Public Law 94–204 (Jan. 2, 1976); the Alaska National Interest Lands Conservation Act; or other federal land laws. Starting January 14, 1983, the federal health insurance premium cap in section 8906(b)(2) of title 5 does not apply to the Alaska Railroad. Nothing here changes the acreage the State or any Native Corporation is entitled to, and, except as this chapter says, it does not affect past court judgments or valid existing rights of Native Corporations under ANCSA or ANILCA.
Full Legal Text
Title 45, §1212
Railroads — Source: USLM XML via OLRC
(a)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, 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)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 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 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)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)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)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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Administrative Procedure Act, referred to in subsec. (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, Government Organization and Employees, amended section 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 provisions 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 section 552b of Title 5 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, which is classified generally to chapter 55 (§ 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. 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 the former Appendix to Title 50, War and National Defense, and was repealed effective
July 1, 1949, with the exception of section 1622, 1631, 1637, and 1641 of the former Appendix to Title 50 by act
June 30, 1949, ch. 288, title VI, § 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583. section 1622 and 1641 were partially repealed by the 1949 act, and section 1622 was editorially reclassified and is set out as a note under section 545 of Title 40, Public Buildings, Property, and Works. section 1622(g) was repealed and reenacted as sections 47151 to 47153 of Title 49, Transportation, by Pub. L. 103–272, §§ 1(e), 7(b),
July 5, 1994, 108 Stat. 1278–1280, 1379. section 1631 was repealed by act
June 7, 1939, ch. 190, § 6(e), as added by act
July 23, 1946, ch. 590, 60 Stat. 599, and is covered by section 98 et seq. of Title 50. section 1637 was repealed by act
June 25, 1948, ch. 645, § 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, § 111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter 33 (§ 2451 et seq.) of Title 22, Foreign Relations and Intercourse. Act of
March 12, 1914, referred to in subsec. (b), is act Mar. 12, 1914, ch. 37, 38 Stat. 305, 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, 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, which is classified generally to chapter 33 (§ 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. 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 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, § 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. In subsec. (b), “sections 541 to 555 of title 40” substituted for “the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works.
Amendments
2022—Subsec. (a). Pub. L. 117–286 substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.),”. 2014—Subsec. (a). Pub. L. 113–287 substituted “division A of subtitle III of title 54” for “the National Historic Preservation Act (16 U.S.C. 470 et seq.)”.
Reference
Citations & Metadata
Citation
45 U.S.C. § 1212
Title 45 — Railroads
Last Updated
Apr 6, 2026
Release point: 119-73