Best Interest Decision Affirmed – Negotiated Land Sale – Skagway – MHT 9101138

Action:  Adopt the Best Interest Decision dated October 06, 2023, regarding the above referenced disposal as final, without modification. This decision document, combined with the Best Interest Decision dated October 06, 2023, 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 issue the negotiated sale in the Skagway News, on the State of Alaska’s online public notice website, and distributed the notice to the Municipality of Skagway, Sealaska Corporation, the Alaska Mental Health Trust Authority, and other interested public and private parties on October 16, 2023.

Summary of Comments:  The Alaska Department of Transportation & Public Facilities (ADOT&PF) provided two comments. ADOT&PF Southcoast Region Engineering does not anticipate needing to acquire right of way through this area for the upcoming Klondike Highway Project No. SFHWY00225. ADOT&PF Southcoast Region Right of Way asserts the 200’ wide right-of-way for the Klondike Highway was conveyed to the ADOT&PF through the Omnibus Act at statehood and states the highway must be excluded from the conveyance.

Trust Authority Consultation:  The Alaska Mental Health Trust Authority was consulted on this matter on October 06, 2023.

Modifications:  As no comments were received suggesting that the Best Interest Decision dated October 06, 2023 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 October 06, 2023 as final.

Reconsideration:  Persons who submitted timely written comments during the notice period that ended November 13, 2023, 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, please click the below link: