45 U.S.C. § 1205 : US Code - Section 1205: Lands to be transferred

Search 45 U.S.C. § 1205 : US Code - Section 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.