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