HB 426: "An Act 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; and providing for an effective date."
00HOUSE BILL NO. 426 01 "An Act relating to transfers of public land or grants or conveyances of interest 02 in public land among the Alaska Railroad Corporation, the Department of 03 Transportation and Public Facilities, and the Department of Natural Resources to 04 relocate or widen the Seward Highway, to relocate railroad facilities, and to 05 relocate adjacent utility facilities; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new 08 section to read: 09 FINDINGS AND POLICY. (a) The legislature finds that 10 (1) the Seward Highway within the Chugach State Park from Potter Station to 11 Girdwood is the sole highway link between the Kenai Peninsula and the rest of this state, an 12 interstate highway on the national highway system, and a national scenic byway; 13 (2) the Seward Highway within the Chugach State Park is affected by 14 avalanches and other potential operational problems;
01 (3) relocation or widening of the Seward Highway to avoid some of the 02 operational problems will require relocation of some adjacent railroad and utility facilities; and 03 (4) relocation of railroad facilities within the Chugach State Park will allow 04 some areas of the railroad track to be straightened. 05 (b) It is the policy of the state that relocation or widening of the Seward Highway or 06 relocation of railroad facilities within the Chugach State Park is appropriate and may be 07 accomplished without significantly adversely affecting the purposes for which Chugach State 08 Park was established. 09 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section 10 to read: 11 CHUGACH STATE PARK LAND TRANSFERS AND CONVEYANCES. (a) 12 Notwithstanding AS 41.21.120 - 41.21.125, the commissioner of natural resources may, for 13 the purpose of relocation or widening of all or portions of the Seward Highway or relocation 14 of railroad facilities within the Chugach State Park, and upon a finding by the commissioner 15 that any grant or conveyance for that purpose would not significantly adversely affect the 16 purposes for which the Chugach State Park was established, 17 (1) grant a highway easement to the Department of Transportation and Public 18 Facilities; 19 (2) convey a property interest in land to the Alaska Railroad Corporation to 20 allow relocation of the Alaska Railroad; 21 (3) grant utility easements; and 22 (4) receive land or interests in land in exchange for land or interests in land 23 granted or conveyed under (1), (2), or (3) of this subsection. 24 (b) A grant or conveyance made under (a) of this section may not exceed the interest 25 needed to relocate or widen the Seward Highway or relocate railroad facilities within the 26 Chugach State Park and to construct, repair, and maintain the relocated or widened highway 27 and the relocated railroad or utility. 28 (c) A property interest conveyed to the Alaska Railroad Corporation under (a)(2) of 29 this section shall be held and managed by the corporation in accordance with AS 42.40. 30 (d) Land or an interest in land received by the commissioner under (a)(4) of this 31 section shall be designated as part of Chugach State Park.
01 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section 02 to read: 03 ALASKA RAILROAD LAND TRANSFERS AND CONVEYANCES. 04 Notwithstanding AS 42.40.285, the Alaska Railroad Corporation may, for the purpose of the 05 relocation or widening of the Seward Highway or relocation of Alaska Railroad facilities 06 within the Chugach State Park, and relocation of adjacent utility facilities, transfer land or 07 convey interests in land in exchange for land or interests in land conveyed to the corporation. 08 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 IDENTIFICATION OF STATE PARK LAND OR INTERESTS IN LAND BEING 11 TRANSFERRED OR CONVEYED UNDER THIS ACT. By the first day of the first regular 12 session of the Twenty-Second Alaska State Legislature, or as soon as possible after that date, 13 the governor shall 14 (1) identify any land being transferred under this Act that requires amendment 15 to statutes describing the Chugach State Park; and 16 (2) submit to the legislature any legislation needed to make those statutory 17 amendments. 18 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).