00                 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 194                                                              
01 "An Act vacating a portion of the Copper Center - Valdez right-of-way; relating to                                      
02 rights-of-way acquired under former 43 U.S.C. 932 that cross land owned by a private                                    
03 landowner; and relating to the use of eminent domain to realign a right-of-way."                                        
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 19.30.400 is amended by adding a new subsection to read:                                           
06            (e)  The Copper Center - Valdez right-of-way, RST 633, identified in (d) of                                  
07       this section is vacated for those portions that overlap public easements established                              
08       under 43 U.S.C. 1616(b) (Alaska Native Claims Settlement Act).                                                    
09    * Sec. 2. AS 19.30 is amended by adding a new section to read:                                                     
10            Sec. 19.30.430. Rights-of-way acquired under former 43 U.S.C. 932 that                                     
11       cross land conveyed to a private landowner. (a) Notwithstanding AS 19.10.015(a),                                
12       a right-of-way granted under former 43 U.S.C. 932 (R.S. 2477) that crosses land                                   
13       owned by a private landowner is limited to the uses of the route established on                                   
14       October 21, 1976, and may not exceed a width of 60 feet.                                                          

01            (b)  A right-of-way granted under former 43 U.S.C. 932 (R.S. 2477) that                                      
02       crosses land owned by a private landowner may be used only for transportation                                     
03       purposes and may not be used for rest areas, parking lots, overnight camping, boat                                
04       launches, recreation sites, or other similar uses.                                                                
05            (c)  A right-of-way granted under former 43 U.S.C. 932 (R.S. 2477) that                                      
06       crosses land owned by a private landowner shall include a secondary easement to                                   
07       enter, inspect, repair, maintain, and improve the right-of-way under the following                                
08       conditions:                                                                                                       
09                 (1)  routine maintenance and repair may only preserve the condition of                                  
10       the right-of-way as it existed on October 21, 1976;                                                               
11                 (2)  the state may make reasonable and necessary improvements to a                                      
12       right-of-way for the transportation uses preserved by the right-of-way;                                           
13                 (3)  before improvements, other than routine maintenance and repair,                                    
14       the state shall consult with and gain the permission of the private landowner subject to                          
15       the right-of-way established under former 43 U.S.C. 932 (R.S. 2477) and give the                                  
16       private landowner an opportunity to                                                                               
17                      (A)  determine whether the proposed improvements are                                               
18            reasonable in light of the traditional uses of the right-of-way as it existed on                             
19            October 21, 1976;                                                                                            
20                      (B)  study the potential effect of the proposed improvements on                                    
21            the surrounding land; and                                                                                    
22                      (C)  determine whether modifications to the proposed                                               
23            improvements should be made to protect the surrounding land and propose                                      
24            modifications, if appropriate;                                                                               
25                 (4)  in the event of a dispute between the private landowner and the                                    
26       state about proposed improvements, the dispute shall be submitted to mediation                                    
27       directed by a mediator who is mutually agreeable to the parties and who is not                                    
28       employed by either party; each party shall bear its proportionate share of the cost of                            
29       mediation, including the mediator fees; if, after a period of 60 days following                                   
30       commencement of mediation, the parties are unable to resolve the dispute, either party                            
31       may bring suit in superior court; the proposed improvements may not proceed until                                 

01       resolution of the suit.                                                                                           
02            (d)  Notwithstanding any other provision of law, if a right-of-way established                               
03       under former 43 U.S.C. 932 (R.S. 2477) has been damaged beyond repair by natural                                  
04       causes and the state plans to realign the right-of-way as provided in (c)(3) of this                              
05       section, the state shall use the process in AS 09.55.240 - 09.55.460 for any additional                           
06       land that will be burdened by the realigned right-of-way.                                                         
07            (e)  In this section, "routine maintenance and repair" includes preservation of                              
08       an existing road or trail by physical upkeep, repair of wear or damage from natural or                            
09       other causes, maintenance of the shape of the road, grading or blading to preserve the                            
10       character of the road, maintenance to ensure proper drainage, and any other activities                            
11       necessary to preserve the condition of the road as it existed on October 21, 1976.