Section 44.42.300. Participation in certain federal highway programs.

   (a) The department may
        (1) assume responsibilities under 23 U.S.C. 325 - 327, including
             (A) the filing of applications with the United States Department of Transportation under 23 U.S.C. 325(c)(1) and 23 U.S.C. 327(b)(2); and
             (B) taking those actions necessary to meet the application requirements established under 23 U.S.C. 325(c)(3) and 23 U.S.C. 327(b)(4);
        (2) enter one or more memoranda of understanding with the United States Department of Transportation related to federal highway programs as provided in 23 U.S.C. 325 - 327;
        (3) accept, receive, and administer grants, other money, or gifts from public and private agencies, including the federal government, for the purpose of carrying out the programs authorized under this section; and
        (4) cooperate with the federal government in implementing this section and any memorandum of understanding entered into under this section.
   (b) Notwithstanding any contrary provisions of law, in implementing a program under this section that is approved by the United States Department of Transportation, the department is authorized to
        (1) perform or conduct any of the activities described in any memorandum entered into under 23 U.S.C. 325, 23 U.S.C. 326, or 23 U.S.C. 327;
        (2) take actions necessary to implement the program; and
        (3) adopt relevant federal environmental standards as the standards for this state for the programs described in (a) of this section.
   (c) The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out this section.
   (d) Except for actions alleging independent negligence by the state or its employees, an action may not be brought against the state or employees of the state for a claim arising out of design, operations, maintenance, or construction activities performed by, or under the management of, federally recognized tribes in Alaska acting in furtherance of the Indian Reservation Roads Program under 25 C.F.R. 170 or the Indian Reservation Roads Bridge Program under 23 U.S.C. 202, and the program or relevant state-tribal agreement requires compliance with all applicable federal and state standards. In this subsection, "independent negligence" means negligence that is not due to the state's selection, supervision, administration, monitoring, or controlling of the activities of the tribe, the tribe's agents, employees, or contractors, or the state's approving or accepting any of the work performed under programs listed in this subsection.

Authorities

44.23.020

Notes

Implemented As

17 AAC 12.010
17 AAC 12.020
17 AAC 12.030
17 AAC 12.040

References

17 AAC 12.010
AS 44.23.020 Duties; and powers; waiver of immunity.

History

(Sec. 2 ch 50 SLA 2006; am Sec. 1 ch 38 SLA 2009)