BEST INTEREST DECISION AFFIRMED – Statewide Land Sale

Decision to Dispose of Trust Parcels through the Trust Statewide Land Sale Programs

TLO Statewide Land Sale Programs FY2025 – 2030 MH Parcel(s): Multiple Parcels

Action:  Adopt the Best Interest Decision dated June 18, 2024, regarding the above referenced disposal as final, without modification. This decision document, combined with the Best Interest Decision dated June 18, 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 published the public notice of the decision to dispose of Trust parcels through the Trust Land Office Statewide Land Sale Program in the Fairbanks News Miner, Delta Wind, Cordova Times, Ketchikan Daily News, Mat-Su Frontiersman, Peninsula Clarion, and the Petersburg Pilot; on the State of Alaska’s online public notice website; distributed the notice to the Fairbanks North Star Borough, City of Delta Junction, City of Cordova, Ketchikan Gateway Borough, Tok Chamber of Commerce, and City of Petersburg; the Alaska Mental Health Trust Authority, and other interested public and private parties on June 28, 2024 or before.

Summary of Comments: One public comment was received on July 27, 2024, concerning Mental Health Parcels (MHPAR) SM-2604 and SM-2599, located in Chase, AK and the proposed use of the parcels after disposal through one of the Trust Land Office’s Land Sale Programs.

TLO Response: When making a final decision, the Executive Director shall consider only the best interest of the Alaska Mental Health Trust and its beneficiaries. The Trust Land Office is mandated by law to abide by trust principles and in accordance with the Alaska Mental Health Enabling Act of 1956 to maximize the long-term revenue from trust land; protect the corpus; protect and enhance the long-term productivity of trust land; encourage diversity of revenue-producing uses of trust land; and manage trust land prudently, efficiently, and with accountability to the trust and its beneficiaries. Any purchase of Trust land disposed of through one of the Trust Land Office’s Land Sale Programs are subject to and must abide by Local, State, and Federal law. Trust land parcels are sold “as-is, where-is” and may be subject to rights-of-way, easements, setbacks, roads, trails, plat notes, home-owners associations, and other restrictions.

Trust Authority Consultation:  The Alaska Mental Health Trust Authority was consulted on this matter on May 22, 2024.

Modifications: As no comments were received suggesting that the Best Interest Decision dated June 18, 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 June 18, 2024, as final.

Reconsideration: Persons who submitted timely written comments during the notice period that ended July 29, 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:

Thttps://alaskamentalhealthtrust.org/wp-content/uploads/2024/08/Statewide-Land-Sale-Programs-FY2025-2030_BIDA_08-15-2024.pdf