SCS CSHB 183(TRA): "An Act directing the identification and delineation of a transportation and utility corridor between Fairbanks and the Seward Peninsula; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 183(TRA) 01 "An Act directing the identification and delineation of a transportation and utility 02 corridor between Fairbanks and the Seward Peninsula; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 19.25 is amended by adding a new section to read: 06 Sec. 19.25.123. FAIRBANKS - SEWARD PENINSULA TRANSPORTATION 07 AND UTILITY CORRIDOR. (a) Subject to legislative appropriation, the department 08 shall identify and delineate a proposed transportation and utility corridor between 09 Fairbanks and the western end of the Seward Peninsula. 10 (b) In performing the work required by (a) of this section, 11 (1) the railroad alignment and identification of a railroad right-of-way 12 of not less than 500 feet, together with adjacent sites that can be developed for 13 necessary construction materials, shall guide the identification and delineation of the 14 corridor; and
01 (2) the department shall consider the following factors: 02 (A) grade and alignment standards that are commensurate with 03 rail and road construction standards; 04 (B) availability of construction materials; 05 (C) safety; 06 (D) impacts on and service to adjacent communities; 07 (E) environmental concerns; 08 (F) use of public land to the maximum degree possible; 09 (G) minimization of probable construction costs; 10 (H) the location of, and the opportunity to obtain access to, 11 identified natural resources that could contribute significantly to the state's 12 economic development; and 13 (I) prior and established traditional uses. 14 (c) Within 90 days after receiving a report transmitting the work of the 15 department under (a) of this section, the commissioner shall, in conformity with 16 AS 44.62 (Administrative Procedure Act), if necessary, adopt a regulation approving, 17 modifying, or rejecting the proposed corridor. 18 (d) If the commissioner approves or modifies the proposed corridor when 19 presented under (c) of this section, 20 (1) the Department of Natural Resources shall promptly classify, or 21 reclassify, and reserve any state land within the corridor and at adjacent sites that can 22 be developed for necessary construction materials for use as a corridor; and 23 (2) the department shall 24 (A) subject to legislative appropriation, exercise its authority 25 under AS 19.05.040 to acquire rights-of-way across land within the corridor 26 that is subject to the state's power of condemnation; and 27 (B) work with federal officials to secure reclassification and 28 withdrawal of federal land in the corridor for reservations and rights-of-way 29 across the federal land for use as a corridor. 30 (e) The requirements of AS 38.05 (Alaska Land Act) relating to classification 31 and reclassification of land are inapplicable to actions taken under this section.
01 (f) To complete the work required by this section, the commissioner may 02 accept any legal gifts and grants and may enter into contracts or other transactions or 03 agreements relating to it with the federal government, an agency or instrumentality of 04 the state, a municipality, or a private organization. 05 (g) In this section, "corridor" means the transportation and utility corridor 06 required to be identified and delineated by (a) of this section. 07 * Sec. 2. AS 19.25.123, added by sec. 1 of this Act, is repealed July 1, 2055. 08 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).