00 Enrolled SB 271                                                                                                         
01 Authorizing the commissioner of transportation and public facilities to participate in certain                          
02 federal highway programs and relating to that authorization; relating to powers of the attorney                         
03 general to waive immunity from suit in federal court related to those programs; and providing                           
04 for an effective date.                                                                                                  
05                           _______________                                                                               
06    * Section 1. AS 44.23.020 is amended by adding a new subsection to read:                                           
07            (g)  The attorney general may, in cases that involve compliance, discharge, or                               
08       enforcement of responsibilities assumed by the Department of Transportation and                                   
09       Public Facilities under AS 44.42.300, waive the state's immunity from suit in federal                             
10       court provided under the Eleventh Amendment to the Constitution of the United                                     
11       States.                                                                                                           
12    * Sec. 2. AS 44.42 is amended by adding a new section to read:                                                     
13                 Article 2A. Certain Federal Highway Programs.                                                         
14            Sec. 44.42.300. Authorization to participate in certain federal highway                                    
01       programs. (a) The department may                                                                                
02                 (1)  assume responsibilities under 23 U.S.C. 325 - 327, including                                       
03                      (A)  the filing of applications with the United States Department                                  
04            of Transportation under 23 U.S.C. 325(c)(1) and 23 U.S.C. 327(b)(2); and                                     
05                      (B)  taking those actions necessary to meet the application                                        
06            requirements established under 23 U.S.C. 325(c)(3) and 23 U.S.C. 327(b)(4);                                  
07                 (2)  enter one or more memoranda of understanding with the United                                       
08       States Department of Transportation related to federal highway programs as provided                               
09       in 23 U.S.C. 325 - 327;                                                                                           
10                 (3)  accept, receive, and administer grants, other money, or gifts from                                 
11       public and private agencies, including the federal government, for the purpose of                                 
12       carrying out the programs authorized under this section; and                                                      
13                 (4)  cooperate with the federal government in implementing this section                                 
14       and any memorandum of understanding entered into under this section.                                              
15            (b)  Notwithstanding any contrary provisions of law, in implementing a                                       
16       program under this section that is approved by the United States Department of                                    
17       Transportation, the department is authorized to                                                                   
18                 (1)  perform or conduct any of the activities described in any                                          
19       memorandum entered into under 23 U.S.C. 325, 23 U.S.C. 326, or 23 U.S.C. 327;                                     
20                 (2)  take actions necessary to implement the program; and                                               
21                 (3)  adopt relevant federal environmental standards as the standards for                                
22       this state for the programs described in (a) of this section.                                                     
23            (c)  The department may adopt regulations under AS 44.62 (Administrative                                     
24       Procedure Act) to carry out this section.                                                                         
25    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).