Corrected Best Interest Decision Affirmed – MTA Communications LLC Fiber Utility Easement – Delta Junction, Chatanika, and Fort Knox – MHT(s) 9400641, 9400642, & 9400746

Action:  Adopt the Best Interest Decision dated March 30, 2021 regarding the above referenced disposal as final, without modification. This decision document, combined with the Best Interest Decision dated March 30, 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 issue to MTA LLC three fiber optic easements in the Delta Junction, Chatanika, and Fort Knox areas in the Anchorage Daily News, Delta Wind, on the State of Alaska’s online public notice website, and distributed the notice to the City of Delta Junction, Fairbanks North Star Borough, and Doyon limited, the Alaska Mental Health Trust Authority, and other interested public and private parties on April 8, 2021.

Summary of Comments:  The Alaska Department of Transportation & Public Facilities has no comment.

Trust Authority Consultation:  The Alaska Mental Health Trust Authority was consulted on this matter on April 1, 2021.

Modifications:  As no comments were received suggesting that the Best Interest Decision dated March 30, 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 March 30, 2021, as final.

Reconsideration:  Persons who submitted timely written comments during the notice period that ended May 10, 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 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 review the full Best Interest Decision Affirmed, click the below link:

MHT 9400641, 9400642, & 9400746 BIDA