(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.
Terms Used In Alaska Statutes 19.05.123
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(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 Alaska Stat. Chapter 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 Alaska Stat. § 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 Alaska Stat. Chapter 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.
