Section 19.05.123. Fairbanks - Seward Peninsula transportation and utility corridor.

   (a) Subject to legislative appropriation, the department shall identify and delineate a proposed transportation and utility corridor between Fairbanks and the western end of the Seward Peninsula.
   (b) In performing the work required by (a) of this section,
        (1) the railroad alignment and identification of a railroad right-of-way of not less than 500 feet, together with adjacent sites that can be developed for necessary construction materials, shall guide the identification and delineation of the corridor; and
        (2) the department shall consider the following factors:
             (A) grade and alignment standards that are commensurate with rail and road construction standards;
             (B) availability of construction materials;
             (C) safety;
             (D) impacts on and service to adjacent communities;
             (E) environmental concerns;
             (F) use of public land to the maximum degree possible;
             (G) minimization of probable construction costs;
             (H) the location of, and the opportunity to obtain access to, identified natural resources that could contribute significantly to the state's economic development; and
             (I) prior and established traditional uses.
   (c) Within 90 days after receiving a report transmitting the work of the department under (a) of this section, the commissioner shall, in conformity with AS 44.62 (Administrative Procedure Act), if necessary, adopt a regulation approving, modifying, or rejecting the proposed corridor.
   (d) If the commissioner approves or modifies the proposed corridor when presented under (c) of this section,
        (1) the Department of Natural Resources shall promptly classify, or reclassify, and reserve any state land within the corridor and at adjacent sites that can be developed for necessary construction materials for use as a corridor; and
        (2) the department shall
             (A) subject to legislative appropriation, exercise its authority under AS 19.05.040 to acquire rights-of-way across land within the corridor that is subject to the state's power of condemnation; and
             (B) work with federal officials to secure reclassification and withdrawal of federal land in the corridor for reservations and rights-of-way across the federal land for use as a corridor.
   (e) The requirements of AS 38.05 (Alaska Land Act) relating to classification and reclassification of land are inapplicable to actions taken under this section.
   (f) To complete the work required by this section, the commissioner may accept any legal gifts and grants and may enter into contracts or other transactions or agreements relating to it with the federal government, an agency or instrumentality of the state, a municipality, or a private organization.
   (g) In this section, "corridor" means the transportation and utility corridor required to be identified and delineated by (a) of this section.

Authorities

19.25.123

Notes

References

AS 19.25.123

History

(Sec. 1 ch 83 SLA 1994)