Page:United States Statutes at Large Volume 96 Part 2.djvu/1204

 96 STAT. 2566

43 USC 1611 ^°^-

PUBLIC LAW 97-468—JAN. 14, 1983

the date of enactment of this Act, 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 604(b)(l)(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 604(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-ofway for the use or benefit of the Alaska Railroad made prior to the date of enactment of this Act, the Secretary of the Interior, through the Attorney General, shall appear in and defend such action. (c)(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. Review of agency action pursuant to this title shall be expedited to the same extent as the expedited review provided by section 1108 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3168). (2) No administrative or judicial action under this title shall enjoin or otherwise delay the transfer of the Alaska Railroad pursuant to this title, 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 title. If transfer to the State does not occur pursuant to section 604 of this title, the State shall not thereafter have standing to participate in any such determination or review. (d)(1) Section 12(b)(7)(i) of the Act of January 2, 1976 (Public Law 94-204) is amended— (A) by striking "subsection 12(b)(6)" and inserting in lieu thereof "section 12(b)(5) and (6)"; (B) by striking "12(b)(7)(ii)" and inserting in lieu thereof "12(b)(7)(iv)"; (C) by striking "crediting" and inserting in lieu thereof "using"; (D) by striking "this subsection 12(b)(7)(i)(b)" and inserting in lieu thereof "these subsections 12(b)(7)(i)(b) or (ii)"; (E) by striking "State" in the last sentence and inserting in lieu thereof "state"; and (F) by striking the penultimate sentence. (2) Section 120t>X7) of such Act is amended— (A) by redesignating subsections (ii) through (iv) as subsections (iv) through (vi), respectively; and (B) by inserting immediately after subsection (i) the following: "(ii) Subject to the exceptions stated in section 12(b)(9), and notwithstanding the foregoing subsection 12(b)(7)(i) and any provision of any other law or any implementing regulation inconsistent with this subsection, until the obligations of the Secretary and the Administrator of General Services under section 12(b)(5) and (6) are otherwise fulfilled: "(A) concurrently with the commencement of screening of any excess real property, wherever located, for utilization by Federal agencies, the Administrator of General Services shall

�