MH Parcel CRM-2136
Action: Adopt the Best Interest Decision dated December 28, 2021, regarding the above referenced disposal as final, without modification. This decision document, combined with the Best Interest Decision dated December 28, 2021, 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 sell a 5.33-acre parcel to Chad and Carolyn Carvey in the Petersburg Pilot on January 6, 2022, on the State of Alaska’s online public notice website, and distributed the notice to other interested public and private parties.
Summary of Comments: A written comment was received from Jon and Kirsten Dupree on February 6, 2022, raising their concern about historical public use associated with access to Skog’s Creek, which runs through the subject property; as well as impacts to the riparian areas along the stream since the stream is anadromous and supports spawning habitat for salmon.
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. Selling this parcel at 55% above fair market value meets the fiduciary responsibility to generate revenue from trust land. Further, regardless of ownership, the parcel and anadromous waterbodies will be subject to all Alaska Department of Fish & Game regulations concerning salmon habitat.
Trust Authority Consultation: The Alaska Mental Health Trust Authority was consulted on this disposal on December 28, 2021.
Modifications: As no comments were received suggesting that the Best Interest Decision dated December 28, 2021, 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 December 28, 2021, as final.
Reconsideration: Persons who submitted timely written comments during the notice period that ended February 7, 2022, 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.
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