00CS FOR HOUSE BILL NO. 183(FIN) am                                                                                       
01 "An Act directing the identification and delineation of a transportation and utility                                    
02 corridor between Fairbanks and the Seward Peninsula; and providing for an                                               
03 effective date."                                                                                                        
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 19.25 is amended by adding a new section to read:                                                   
06  Sec. 19.25.123.  FAIRBANKS - SEWARD PENINSULA TRANSPORTATION                                                          
07 AND UTILITY CORRIDOR.  (a)  Subject to legislative appropriation, the department                                        
08 shall identify and delineate a proposed transportation and utility corridor between                                     
09 Fairbanks and the western end of the Seward Peninsula.                                                                  
10  (b)  In performing the work required by (a) of this section,                                                          
11   (1)  the railroad alignment and identification of a railroad right-of-way                                            
12 of not less than 500 feet shall guide the identification and delineation of the corridor;                               
13 and                                                                                                                     
14   (2)  the department shall consider the following factors:                                                            

01   (A)  grade and alignment standards that are commensurate with                                                       
02 rail and road construction standards;                                                                                   
03   (B)  availability of construction materials;                                                                        
04   (C)  safety;                                                                                                        
05   (D)  impacts on and service to adjacent communities;                                                                
06   (E)  significant environmental concerns;                                                                            
07   (F)  use of public land to the maximum degree possible; and                                                         
08   (G)  minimization of probable construction costs.                                                                   
09  (c)  Within 90 days after receiving a report transmitting the work of the                                             
10 department under (a) of this section, the commissioner shall, in conformity with                                        
11 AS 44.62 (Administrative Procedure Act), if necessary, adopt a regulation approving,                                    
12 modifying, or rejecting the proposed corridor.                                                                          
13  (d)  If the commissioner approves or modifies the proposed corridor when                                              
14 presented under (c) of this section,                                                                                    
15   (1)  the Department of Natural Resources shall promptly classify, or                                                 
16 reclassify, and reserve any state land within the corridor for use as a corridor; and                                   
17   (2)  the department shall                                                                                            
18   (A)  subject to legislative appropriation, exercise its authority                                                   
19 under AS 19.05.040 to acquire rights-of-way across land within the corridor                                             
20 that is subject to the state's power of condemnation; and                                                               
21   (B)  work with federal officials to secure reclassification and                                                     
22 withdrawal of federal land in the corridor for reservations and rights-of-way                                           
23 across the federal land for use as a corridor.                                                                          
24  (e)  The requirements of AS 38.05 (Alaska Land Act) relating to classification                                        
25 and reclassification of land are inapplicable to actions taken under this section.                                      
26  (f)  To complete the work required by this section, the commissioner may                                              
27 accept any legal gifts and grants and may enter into contracts or other transactions or                                 
28 agreements relating to it with the federal government, an agency or instrumentality of                                  
29 the state, a municipality, or a private organization.                                                                   
30  (g)  In this section, "corridor" means the transportation and utility corridor                                        
31 required to be identified and delineated by (a) of this section.                                                        

01    * Sec. 2.  AS 19.25.123, added by sec. 1 of this Act, is repealed July 1, 2055.                                      
02    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).