CSSSHB 12(FIN): "An Act relating to a utility corridor and railroad right-of-way between the Alaska Railroad and the Alaska-Canada border."
00CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 12(FIN) 01 "An Act relating to a utility corridor and railroad right-of-way between the 02 Alaska Railroad and the Alaska-Canada border." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 19.05.122(a) is amended to read: 05 (a) Subject to legislative appropriation, [NOT LATER THAN APRIL 1, 06 1982, THE INTERIOR DIVISION OF] the department shall delineate a proposed 07 utility corridor , including a railroad right-of-way, between the right-of-way [FOR 08 THE EXTENSION] of the Alaska Railroad and [TO] the Canadian border. The 09 proposed utility corridor shall include a complete legal description of the proposed 10 railroad right-of-way. 11 * Sec. 2. AS 19.05.122(b) is amended to read: 12 (b) Within 90 days after receiving a report transmitting the work [OF THE 13 INTERIOR DIVISION] of the department under (a) of this section, the commissioner 14 shall, in conformity with AS 44.62 (Administrative Procedure Act), if necessary, adopt
01 a regulation approving, modifying, or rejecting the proposed utility corridor and 02 railroad right-of-way. 03 * Sec. 3. AS 19.05.122(c) is amended to read: 04 (c) If the commissioner approves or modifies the proposed utility corridor and 05 railroad right-of-way, 06 (1) the Department of Natural Resources shall promptly 07 (A) classify, or reclassify, and reserve any state land within the 08 utility corridor for use as a utility corridor and railroad right-of-way; and 09 (B) record the route of the utility corridor and railroad 10 right-of-way in the appropriate recording office; the recordation of the 11 route 12 (i) is not subject to the requirements established for 13 the recording of documents under AS 40.17; and 14 (ii) in regard to nonstate land, is solely for 15 informational purposes and does not constitute the assertion of a 16 right to or an encumbrance of land or an interest in land that is not 17 owned by the state; and 18 (2) the department shall 19 (A) exercise its authority under AS 19.05.040 to acquire rights- 20 of-way across land within the utility corridor which is subject to the state's power of 21 condemnation; 22 (B) work with federal officials to secure reclassification and 23 withdrawal of federal land in the utility corridor for reservations and rights-of- 24 way across the federal land for use as a utility corridor and railroad right-of- 25 way; and 26 (C) prepare a report evaluating the impact of construction of an 27 extension of the Alaska Railroad across federal land within the railroad right- 28 of-way; the statement shall satisfy the requirements for an "environmental impact statement" 29 under 42 U.S.C. 4332. 30 * Sec. 4. AS 19.05.122 is amended by adding new subsections to read: 31 (e) In performing the work required by (a) of this section, the railroad
01 alignment and identification of a railroad right-of-way of not less than 500 feet, 02 together with adjacent sites that can be developed for necessary construction materials, 03 shall guide the identification and delineation of the corridor. 04 (f) To complete the work required by this section, the commissioner may 05 accept and, subject to legislative appropriation, expend any legal gifts and grants 06 relating to the work and may enter into agreements relating to the work with the 07 federal government, an agency or instrumentality of the state, a municipality, or a 08 private organization.