MHT 9400248 MH Parcel F70536
Action: Adopt the Best Interest Decision dated September 9, 2024, regarding the above referenced disposal as final, without modification. This decision document, combined with the Best Interest Decision dated September 9, 2024, constitutes the final decision on this matter, in accordance with 11 AAC 99.040.
Notice under 11 AAC 99.050. The Trust Land Office (TLO) published the public notice of the decision to expand the existing mineral lease held by Tower Hill Mines, Inc. in the Fairbanks Daily News-Miner, on the State of Alaska’s online public notice website, and distributed the notice to Doyon, Limited, the Alaska Mental Health Trust Authority, and other interested public and private parties on September 12, 2024.
Summary of Comments: One comment was received by Tower Hill Mines, Inc., the current lessee, in support of the decision.
An untimely comment was received after the public notice period ended but given that the closing of the period was on a federal holiday and the commentor is a federal agency, the comment will be included. The U.S. Fish and Wildlife Service (USFWS) submitted a neutral comment that contained recommendations and best management practices that would help TLO lessee’s, in general, satisfy their federal obligations in relation to the extensive list of environmental acts and laws. The project in question has existing lease language that the TLO believes satisfies USFWS recommendations and supports them as the lead agency in their respective capacity by requiring the compliance of any and all local, state, and federal laws. The lessee is already aware of and anticipating an Environmental Impact Statement in fulfillment of the National Environmental Policy Act and Council of Environmental Quality regulations.
Trust Authority Consultation: The Alaska Mental Health Trust Authority Resource Management Committee was consulted on this matter on April 25, 2024, and the Resource Management Committee recommended the disposal to the Full Board of Trustees. On August 29, 2024, the Alaska Mental Health Trust Authority Board of Trustees concurred with the proposed expansion amendment. The exact motion can be seen in the Best Interest Decision dated September 9, 2024.
Modifications: As no comments were received suggesting that the Best Interest Decision dated September 9, 2024, should be substantively modified in any way to better serve the interest of the Trust and its beneficiaries, the Executive Director has determined that no change shall be made to that document.
Final Decision of the Executive Director: Considering all of the above, the Executive Director of the Trust Land Office hereby adopts the Best Interest Decision dated September 9, 2024, as final.
Reconsideration: Persons who submitted timely written comments during the notice period that ended October 14, 2024, are eligible to request reconsideration of this final best interest decision under 11 AAC 99.060(b) within 20 calendar days after publication of the notice or receipt of the final decision, whichever is earlier. A request for reconsideration must be submitted in writing to the Executive Director. This request must be accompanied by the fee established by the Executive Director under 11 AAC 99.130, which has been set at $500, to be eligible for reconsideration. Before filing an appeal to the Superior Court under AS 44.62.560, a person must be eligible to request and must actually request reconsideration within the time specified above.
The Executive Director shall order or deny reconsideration within 20 calendar days after receiving the written request for reconsideration. If the Executive Director takes no action during the 20-day period following the request, the request is considered denied. Denial of a request for reconsideration is the final administrative decision for purposes of appeal to the superior court under AS 44.62.560.
To view the full Best Interest Decision Affirmed, click the below link: https://alaskamentalhealthtrust.org/wp-content/uploads/2024/11/9400248-BEST-INTEREST-DECISION-AFFIRMED.pdf