After nearly 15 years of contentious battling and three Alaska Supreme Court cases, the Alaska Railroad has reached an agreement with the Eklutna Village and Eklutna Inc. to return 48.2 acres, including the Eklutna Hills, back to the Dena'ina people of Eklutna.
“It's time to settle our differences and do what's right,” Alaska Railroad president and CEO Pat Gamble said. “The land is of historic and cultural significance to the people of Eklutna, so we're returning it to the rightful owners.”
The land has been used by the railroad as a rock quarry since the mid 1940s, and, according to the Alaska Native Claims Settlement Act and the North Anchorage Land Agreement, ownership is to revert to Eklutna Inc. once the railroad ceases to use the quarry.“We've determined that we will no longer be using the land,” Gamble said. “After we complete the removal of stockpiled material, we're going to return the land to Eklutna as per our agreement.”
Gamble added that railroad work crews stopped working in the quarry in 2001.
The agreement, reached Jan. 22, involved representatives from the railroad, the Native Village of Eklutna and Eklutna Inc. However, for the transfer of ownership to be complete, approval from the state Legislature is required.
That could be a sticking point to the whole deal, as there is no legislation currently being considered for the transfer.
“The railroad officials were down in Juneau trying to drum up support and secure a sponsor for the land transfer legislation, but they didn't have anything ready to sponsor,” Chugiak Rep. Bill Stoltze said. “I'm not going to sponsor legislation before I can read it and have the details, and the railroad didn't have anything prepared when they spoke to me.”
Stoltze said if a draft bill were prepared by the railroad he'd consider it, but added he wouldn't sponsor it until he had all the details and knew each of the parties involved was comfortable and happy with the deal.“My chief concern is trust,” Stoltze said. “I represent the area, and I trust Eklutna Inc. and the Village of Eklutna. But when the railroad is involved, my antennas go up, especially considering the history of litigation between the parties.”
Despite Stoltze's radar being activated, both Gamble and Jim Arnesen, corporate land manager for Eklutna Inc., say the deal is all aboveboard.
“Eklutna is just getting the land and the remaining resources intact,” Arnesen said. “The transfer of ownership for this land has no connection with other dealings that we might have with the railroad.”
“We're just being good neighbors,” Gamble said. “This land is an important part of the village, and we are happy to give it back to the rightful owner.”
Eklutna Village chief administrator David Alex sent a letter to Stoltze, spelling out the village's support for the deal.
“We support both the goals (the railroad completing removal of stockpiled rock and the transfer of land to Eklutna Inc.),” he wrote. “We hope that legislation can be passed that will allow the Alaska Railroad to make the transfer.”
Under the agreement and part of the land rehabilitation, the railroad will perform is the extraction of the 145,000 tons of stockpiled material from the quarry.
“It cost us about $1 million to produce the rock about six years ago when the quarry was last active,” said Tom Brooks, the lead engineer for the railroad. “Without Eklutna giving us access to stockpile, it would cost an estimated $2 million to produce or purchase the same amount elsewhere.”
The assurance by Eklutna allowing the railroad access to the stockpile led to federal regulations limiting the use of the rock from the quarry to be lifted and the railroad to acquire the necessary permits for the use of the materials.
After removing the surplus rock, the railroad will remove the spur track leading into the quarry before returning the land to Eklutna.
Reach the reporter at darrell.breese@alaksastar.com.
