MH Parcel(s): SM-1993, SM-1994, SM-1995, SM-1996, SM-2005, SM-2006, SM-2013
Action: Adopt the Best Interest Decision dated September 23, 2021, regarding the above referenced disposal as final, without modification. This decision document, combined with the Best Interest Decision dated September 23, 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 (TLO) published the public notice of the decision to dispose of Trust Parcels through a negotiated land sale near Big Lake, AK in the Matsu Valley Frontiersman, on the State of Alaska’s online public notice website, on the Alaska Mental Health Trust Authority’s online public notice website; distributed the notice to the Matanuska Susitna Borough, the Alaska Mental Health Trust Authority, and other interested public / private parties on September 26, 2021.
Summary of Comments: No public comments were received. One agency response was received from the Alaska Department of Transportation & Public Facilities (ADOT&PF) stating that they had no objection but were notifying the Trust Land Office that the Division of Mining, Land & Water closed ADL 60064 in 2006, which was issued to ADOT&PF and authorized the portion of W. Lakes Blvd that exists on a small area of the sale as a public access easement.
TLO Response: The TLO researched and reviewed ADL 60064 casefile and will include a 100’ wide reservation in the land sale contract and/or Quitclaim Deed for public access over the existing W. Lakes Blvd roadbed as previously authorized under ADL 60064 to preserve legal access for existing Alaska Mental Health Trust Lands past these parcels.
Trust Authority Consultation: The Alaska Mental Health Trust Authority was consulted on this matter on September 23, 2021.
Modifications: As no comments were received suggesting that the Best Interest Decision dated September 23, 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 September 23, 2021, as final.
Reconsideration: Persons who submitted timely written comments during the notice period that ended October 26, 2021, 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 :