CSHB 362(FIN): "An Act authorizing the exchange of land between the Alaska Railroad Corporation and Eklutna, Inc., between the Alaska Railroad Corporation and the United States Department of the Army and the United States Department of the Air Force, between the Alaska Railroad Corporation and Chugach Alaska Corporation, and between the Alaska Railroad Corporation and the Municipality of Anchorage; authorizing the transfer of land between Alaska Railroad mileposts 133 and 134 from the Alaska Railroad Corporation to certain named individuals; relating to transfers of public land or grants or conveyances of interest in public land among the Alaska Railroad Corporation, the Department of Transportation and Public Facilities, and the Department of Natural Resources to relocate or widen the Seward Highway, to relocate railroad facilities, and to relocate adjacent utility facilities from Potter Station to Girdwood; and providing for an effective date."
00CS FOR HOUSE BILL NO. 362(FIN) 01 "An Act authorizing the exchange of land between the Alaska Railroad 02 Corporation and Eklutna, Inc., between the Alaska Railroad Corporation and the 03 United States Department of the Army and the United States Department of the 04 Air Force, between the Alaska Railroad Corporation and Chugach Alaska 05 Corporation, and between the Alaska Railroad Corporation and the Municipality 06 of Anchorage; authorizing the transfer of land between Alaska Railroad mileposts 07 133 and 134 from the Alaska Railroad Corporation to certain named individuals; 08 relating to transfers of public land or grants or conveyances of interest in public 09 land among the Alaska Railroad Corporation, the Department of Transportation 10 and Public Facilities, and the Department of Natural Resources to relocate or 11 widen the Seward Highway, to relocate railroad facilities, and to relocate adjacent 12 utility facilities from Potter Station to Girdwood; and providing for an effective 13 date." 14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 Article 1. Land Exchanges Between Alaska Railroad 02 Corporation and Eklutna, Inc., Department of Army and 03 Department of Air Force, Chugach Alaska Corporation, and 04 Municipality of Anchorage; Transfer of Land to Certain Individuals. 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new 06 section to read: 07 APPROVAL OF THE TRANSFER OF REAL PROPERTY TO EKLUTNA, INC. (a) 08 The Alaska Railroad Corporation is authorized to convey the corporation's entire interest in 09 approximately 384 acres of rail land within Tract 39 of Dependent Resurvey of Rectangular 10 Survey of Township 15 North, Range 2 West, Seward Meridian, officially filed November 10, 11 1992, to Eklutna, Inc., in exchange for the conveyance to the corporation by Eklutna, Inc., of 12 approximately 65 acres of land adjacent to the railroad utility corridor at railroad mileposts 13 129, 130, 133, 140, 142, 146, and 151 and sufficient additional acreage east of Birchwood 14 Airport and adjacent to the railroad between miles 134.5 and 136.3 to equalize the value of 15 lands exchanged. 16 (b) The conveyances described in this section are made for the purpose of realignment 17 of railroad track to improve operating efficiency and enhance safety. 18 (c) The land conveyed by Eklutna, Inc. to the Alaska Railroad Corporation shall be 19 held and managed by the corporation in accordance with AS 42.40. 20 (d) This section constitutes legislative approval under AS 42.40.285(1) for the Alaska 21 Railroad Corporation to convey its entire interest in the land described in (a) of this section. 22 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section 23 to read: 24 APPROVAL OF THE TRANSFER OF REAL PROPERTY TO THE UNITED 25 STATES DEPARTMENT OF THE ARMY AND THE UNITED STATES DEPARTMENT 26 OF THE AIR FORCE. (a) The Alaska Railroad Corporation is authorized to convey the 27 corporation's entire interest in approximately 229 acres of railroad utility corridor between 28 railroad mileposts 118 and 127.5, within Township 13 North, Range 3 West, Seward Meridian, 29 Township 14 North, Range 3 West, Seward Meridian, and Township 14 North, Range 2 West, 30 Seward Meridian to the United States Department of the Army and the United States 31 Department of the Air Force in exchange for the conveyance of approximately 227 acres of
01 land in the same vicinity to the corporation by the United States. 02 (b) The conveyances described in this section are made for the purpose of realignment 03 of railroad track to improve operating efficiency and enhance safety. 04 (c) The land conveyed by the United States to the Alaska Railroad Corporation shall 05 be held and managed by the corporation in accordance with AS 42.40. 06 (d) This section constitutes legislative approval under AS 42.40.285(1) for the Alaska 07 Railroad Corporation to convey its entire interest in the land described in (a) of this section. 08 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 APPROVAL OF THE TRANSFER OF REAL PROPERTY TO CHUGACH ALASKA 11 CORPORATION. (a) Contingent upon the conveyance to the Alaska Railroad Corporation 12 by the Chugach Alaska Corporation of an equivalent interest in real property onto which the 13 railroad utility corridor may be relocated, the Alaska Railroad Corporation is authorized to 14 convey the corporation's entire interest in approximately 6.4 acres of railroad utility corridor 15 between railroad mileposts 14 and 15, within Township 2 North, Range 1 East, Sections 6 and 16 7, Seward Meridian, to the Chugach Alaska Corporation. 17 (b) The conveyances described in this section are made for the purpose of realignment 18 of the railroad to allow relocation of the Seward Highway by the Department of 19 Transportation and Public Facilities to improve highway operations and enhance safety. 20 (c) Land conveyed by the Chugach Alaska Corporation to the Alaska Railroad 21 Corporation shall be held and managed by the Alaska Railroad Corporation in accordance with 22 AS 42.40. 23 (d) This section constitutes legislative approval under AS 42.40.285(1) for the Alaska 24 Railroad Corporation to convey its entire interest in the land described in (a) of this section. 25 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section 26 to read: 27 APPROVAL OF THE TRANSFER OF CERTAIN REAL PROPERTY WITHIN THE 28 MUNICIPALITY OF ANCHORAGE. (a) Contingent upon the approval of the conveyance 29 of affected municipal park land by the voters of the Municipality of Anchorage, the Alaska 30 Railroad Corporation is authorized to convey the corporation's entire interest in 31 (1) approximately 4.5 acres of railroad utility corridor between railroad
01 mileposts 133 and 134, within Township 15 North, Range 2 West, Sections 13 and 24, Seward 02 Meridian, to the Municipality of Anchorage in exchange for the conveyance of approximately 03 13.6 acres of land in the same vicinity to the corporation by the Municipality of Anchorage; 04 (2) approximately 5.1 acres of railroad utility corridor between railroad 05 mileposts 133 and 134, within Township 15 North, Range 2 West, Sections 13 and 24, Seward 06 Meridian, to Richard and Carol Drebert, Harry and Simone Thomson, and Richard Moore or 07 their personal representatives, successors, or assigns; each to receive that portion of the 08 railroad utility corridor immediately adjacent to their respective parcels of land. 09 (b) The conveyances described in this section are made for the purpose of realignment 10 of railroad track to improve operating efficiency and enhance safety. 11 (c) The land conveyed by the Municipality of Anchorage to the Alaska Railroad 12 Corporation shall be held and managed by the corporation in accordance with AS 42.40. 13 (d) This section constitutes legislative approval under AS 42.40.285(1) for the Alaska 14 Railroad Corporation to convey its entire interest in the land described in (a) of this section. 15 Article 2. Potter Station to Girdwood. 16 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section 17 to read: 18 FINDINGS AND POLICY REGARDING CHUGACH STATE PARK. (a) The 19 legislature finds that 20 (1) the Seward Highway within the Chugach State Park from Potter Station to 21 Girdwood is the sole highway link between the Kenai Peninsula and the rest of this state, an 22 interstate highway on the national highway system, and a national scenic byway; 23 (2) the Seward Highway within the Chugach State Park is affected by 24 avalanches and other potential operational problems; 25 (3) relocation or widening of the Seward Highway to avoid some of the 26 operational problems will require relocation of some adjacent railroad and utility facilities; and 27 (4) relocation of railroad facilities within the Chugach State Park will allow 28 some areas of the railroad track to be straightened. 29 (b) It is the policy of the state that relocation or widening of the Seward Highway or 30 relocation of railroad facilities within the Chugach State Park is appropriate and may be 31 accomplished without significantly adversely affecting the purposes for which Chugach State
01 Park was established. 02 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section 03 to read: 04 CHUGACH STATE PARK LAND TRANSFERS AND CONVEYANCES. (a) 05 Notwithstanding AS 41.21.120 - 41.21.125, the commissioner of natural resources may, for 06 the purpose of relocation or widening of all or portions of the Seward Highway or relocation 07 of railroad facilities within the Chugach State Park, and upon a finding by the commissioner 08 that any grant or conveyance for that purpose would not significantly adversely affect the 09 purposes for which the Chugach State Park was established, 10 (1) grant a highway easement to the Department of Transportation and Public 11 Facilities; 12 (2) convey a property interest in land to the Alaska Railroad Corporation to 13 allow relocation of the Alaska Railroad; 14 (3) grant utility easements; and 15 (4) receive land or interests in land in exchange for land or interests in land 16 granted or conveyed under (1), (2), or (3) of this subsection. 17 (b) A grant or conveyance made under (a) of this section may not exceed the interest 18 needed to relocate or widen the Seward Highway or relocate railroad facilities within the 19 Chugach State Park and to construct, repair, and maintain the relocated or widened highway 20 and the relocated railroad or utility. 21 (c) A property interest conveyed to the Alaska Railroad Corporation under (a)(2) of 22 this section shall be held and managed by the corporation in accordance with AS 42.40. 23 (d) Land or an interest in land received by the commissioner under (a)(4) of this 24 section shall be designated as part of Chugach State Park. 25 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section 26 to read: 27 ALASKA RAILROAD LAND TRANSFERS AND CONVEYANCES. 28 Notwithstanding AS 42.40.285, the Alaska Railroad Corporation may, for the purpose of the 29 relocation or widening of the Seward Highway or relocation of Alaska Railroad facilities 30 within the Chugach State Park, and relocation of adjacent utility facilities, transfer land or 31 convey interests in land in exchange for land or interests in land conveyed to the corporation.
01 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section 02 to read: 03 IDENTIFICATION OF STATE PARK LAND OR INTERESTS IN LAND BEING 04 TRANSFERRED OR CONVEYED UNDER SECTIONS 5 - 7 OF THIS ACT. By the first 05 day of the First Regular Session of the Twenty-Second Alaska State Legislature, or as soon 06 as possible after that date, the governor shall 07 (1) identify any land being transferred under secs. 5 - 7 of this Act that 08 requires amendment to statutes describing the Chugach State Park; and 09 (2) submit to the legislature any legislation needed to make those statutory 10 amendments. 11 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).