CSHB 241(RES): "An Act relating to a railroad utility corridor for extension of the Alaska Railroad to Canada and to extension of the Alaska Railroad to Whitehorse, Yukon, Canada."
00 CS FOR HOUSE BILL NO. 241(RES) 01 "An Act relating to a railroad utility corridor for extension of the Alaska Railroad to 02 Canada and to extension of the Alaska Railroad to Whitehorse, Yukon, Canada." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 42.40 is amended by adding new sections to article 5 to read: 05 Sec. 42.40.460. Extension of the Alaska Railroad. (a) The corporation may 06 delineate a proposed railroad utility corridor between the existing railroad utility 07 corridor of the Alaska Railroad and the border of Alaska and Canada. The railroad 08 utility corridor shall be at least 500 feet wide. The railroad utility corridor may be 09 designated for a use identified under AS 42.40.350(b). The corporation may also 10 identify land for use as rail land that can be developed for terminal, station, and 11 maintenance facilities, switching yards, and material sites associated with the railroad 12 utility corridor. The corporation shall prepare a complete legal description of the 13 proposed railroad utility corridor and the rail land identified under this subsection. 14 (b) In performing the work authorized by (a) of this section, the corporation
01 shall consider the following factors: 02 (1) grade and alignment standards that are commensurate with rail and 03 utility construction standards and that minimize the prospect of at-grade railroad and 04 highway crossings; 05 (2) availability of construction materials; 06 (3) safety; 07 (4) effects on and service to adjacent communities and potential 08 intermodal transportation connections; 09 (5) environmental concerns; 10 (6) use of public land to the maximum degree possible; 11 (7) minimization of probable construction costs; 12 (8) the location of and the opportunity to obtain access to identified 13 natural resources that could contribute significantly to the state's economic 14 development; and 15 (9) prior and established traditional uses. 16 (c) If the corporation delineates all or a portion of the proposed railroad utility 17 corridor or the associated rail land, 18 (1) the Department of Natural Resources shall, in accordance with 19 AS 42.40.360(b) and 42.40.370, convey state land within the railroad utility corridor 20 and associated rail land to the corporation without cost to the corporation and delineate 21 the route of the railroad utility corridor and the location of the associated rail land in 22 any system of land records maintained by the Department of Natural Resources under 23 AS 38.05.035; and 24 (2) the corporation shall 25 (A) as the corporation considers appropriate, exercise its 26 authority under this chapter to acquire rights-of-way across land within the 27 railroad utility corridor that is subject to the corporation's power of eminent 28 domain; 29 (B) upon delineation of the railroad utility corridor and 30 identification of associated rail land, expeditiously work with federal officials 31 to secure reclassification and withdrawal of federal land for reservations and
01 rights-of-way across the federal land for use as railroad utility corridor and rail 02 land; and 03 (C) prepare a report evaluating the effects of construction of an 04 extension of the Alaska Railroad across federal land; the statement must satisfy 05 the requirements for an environmental impact statement under 42 U.S.C. 4332. 06 (d) The requirements of AS 38.05 (Alaska Land Act) relating to classification 07 and reclassification of land are inapplicable to actions taken by the Department of 08 Natural Resources under this section. 09 (e) The Department of Natural Resources shall retain the classifications and 10 reservations of land identified for use as a proposed utility corridor and railroad right- 11 of-way under former AS 19.05.122 until the corporation informs the department in 12 writing that the land is not needed by the corporation for a utility corridor. If the 13 corporation informs the department in writing that the land is necessary for use as a 14 utility corridor, the department shall convey the land to the corporation under (c) of 15 this section. 16 (f) To complete the work authorized by this section, the corporation may enter 17 into agreements relating to the work with the federal government, an agency or 18 instrumentality of the state, a municipality, or a private organization. 19 Sec. 42.40.465. Extension of the Alaska Railroad to Whitehorse, Yukon, 20 Canada. The corporation may investigate extension of the Alaska Railroad from the 21 border of Alaska and Canada to Whitehorse, Yukon. The corporation may acquire 22 land or interests in land in Canada as the corporation considers appropriate for the 23 development, construction, and operation of an extension of the Alaska Railroad to 24 Whitehorse, Yukon. 25 * Sec. 2. AS 19.05.122 is repealed.