If the Secretary has not certified that the State has satisfied the conditions under within one year after the date of delivery of the report referred to in , the Secretary may dispose of the rail properties of the Alaska Railroad. Any disposal under this section shall give preference to a buyer or transferee who will continue to operate rail service, except that—

((1)) such preference shall not diminish or modify the rights of the Cook Inlet Region, Incorporated (as that term is used in (; )), pursuant to such section, as amended by ;  and

((2)) this section shall not be construed to diminish or modify the powers of consent of the Secretary or the State under section 12(b)(8) of such Act, as amended by .