CSHB 320(TRA): "An Act approving the application for and acceptance of a grant of certain federal land by the Alaska Railroad Corporation; approving the conveyance of the entire interest in land appurtenant to the Whittier DeLong Dock by the Alaska Railroad Corporation; relating to use and disposition of the Whittier DeLong Dock and associated land; and providing for an effective date."
00CS FOR HOUSE BILL NO. 320(TRA) 01 "An Act approving the application for and acceptance of a grant of certain 02 federal land by the Alaska Railroad Corporation; approving the conveyance of the 03 entire interest in land appurtenant to the Whittier DeLong Dock by the Alaska 04 Railroad Corporation; relating to use and disposition of the Whittier DeLong Dock 05 and associated land; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new 08 section to read: 09 FINDINGS. The legislature finds that the Whittier DeLong Dock and the associated 10 land are required for essential railroad purposes and that the acquisition of the dock and 11 associated land by the Alaska Railroad Corporation is in the best interests of the state. 12 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section 13 to read: 14 APPROVAL. The legislature authorizes the Alaska Railroad Corporation to apply for
01 and to accept a grant of a parcel of real property in Whittier, consisting of approximately 6.13 02 acres and the appurtenant facility known as the DeLong Dock, from the federal government 03 under terms of sec. 2837(b) - (e), Public Law 106-65. This section constitutes approval for 04 the Alaska Railroad Corporation to apply for and to accept a grant of federal land within a 05 municipality in accordance with AS 42.40.285(5). 06 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 USE AND DISPOSITION OF THE WHITTIER DELONG DOCK AND 09 ASSOCIATED LAND. (a) Within three months after the conveyance of the real property 10 described in sec. 2 of this Act from the United States to the Alaska Railroad Corporation, the 11 corporation shall reconvey ownership of the uplands, tidelands, and submerged lands to the 12 City of Whittier. The corporation shall retain ownership of the DeLong Dock and the railroad 13 tracks and rail bed located on the uplands. 14 (b) Notwithstanding (c) - (h) of this section, the corporation and the City of Whittier 15 are directed and authorized to enter into reciprocal leases for the DeLong Dock and 16 appurtenant land and to enter into a management agreement to operate the DeLong Dock and 17 appurtenant land as a single unit consistent with the terms contained in the document entitled 18 "Management Terms for DeLong Dock" and signed by the corporation and the City of 19 Whittier. If the management agreement is not signed by both the corporation and the City of 20 Whittier within six months after the real property described in sec. 2 of this Act is conveyed 21 by the United States to the corporation, then the corporation and the City of Whittier shall 22 comply with (c) - (h) of this section. 23 (c) In exchange for ownership of the land described in (a) of this section, the City of 24 Whittier shall 25 (1) subdivide the land into two parcels that are separated by the centerline of 26 the DeLong Dock; 27 (2) grant a lease to the parcel of land north of the centerline of the DeLong 28 Dock to the corporation. 29 (d) The corporation shall grant a lease to that portion of the DeLong Dock south of 30 the centerline of the dock to the City of Whittier. 31 (e) The leases described in (c) and (d) of this section must include the following
01 provisions: 02 (1) each lease must be for a minimum term of 20 years; 03 (2) the rental rate for each lease is $1.00 a year; 04 (3) the corporation shall have rail access to the dock, and the City of Whittier 05 shall have a usable road to lands at and beyond the dock; 06 (4) neither the corporation nor the City of Whittier may be required by the 07 lease to indemnify the other party for its own actions or the actions of a contractor, 08 subcontractor, or sublessee; liability of the parties shall be governed by the tort law of the 09 State of Alaska; 10 (5) the corporation and the City of Whittier may assign or sublease its interest 11 in the lease without the approval of the other party; 12 (6) the corporation and the City of Whittier shall agree to diligently work 13 together in good faith to resolve disputes and to collaborate with each other in developing a 14 management agreement for operation of the DeLong Dock facility with the goal of operating 15 the facility as a single entity for economic development purposes; 16 (7) the leases may not be subject to termination for a breach of a lease; 17 (8) the leases may be amended by mutual agreement of the corporation and 18 the City of Whittier. 19 (f) The corporation and the City of Whittier shall expeditiously and in good faith 20 undertake and complete the transactions described in this section under the terms and 21 conditions set out in this section and under such other terms and conditions as are mutually 22 satisfactory. 23 (g) Pending the completion of the transactions described in this section, the 24 corporation and the City of Whittier shall enter into an interim agreement for the use of the 25 Whittier DeLong Dock and associated land consistent with the provisions of this section. 26 (h) During the five-year period beginning on the date that the real property described 27 in sec. 2 of this Act is conveyed from the United States to the corporation, the property shall 28 be used for economic development of the Whittier and Prince William Sound areas, including 29 freight transportation, tourism, boat moorage for day cruiser or large ocean-going cruise ships, 30 fishing and fish processing, and other uses. 31 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section
01 to read: 02 TRANSFER OF CERTAIN STATE LAND AT WHITTIER. In the event that all or 03 a portion of the land described in sec. 2837(b), Public Law 106-65, is transferred to the State 04 of Alaska or an agency of the State of Alaska other than the Alaska Railroad Corporation, the 05 State of Alaska shall expeditiously reconvey all land and improvements received under sec. 06 2837(b) - (e), Public Law 106-65, to the City of Whittier. 07 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 APPROVAL. The legislature authorizes the Alaska Railroad Corporation to transfer 10 its entire interest in the land described in sec. 3(a) of this Act in accordance with sec. 3 of this 11 Act. This section constitutes legislative approval for the corporation to convey its entire 12 interest in that land under AS 42.40.285(1). 13 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).