HomeMy WebLinkAboutMental Health Trust Memo 1994WALTER J. HICKEL, GOVERNOR STATE OF ALASKA
DEPARTMENT OF NATURAL RESOURCES
3601 C STREET, SUIT! February 24, 1994 DIVISION OF LAND ECeVTE 3
Tom Arminski Alaska Energy Authority FEB 24 1994
480 W. Tudor .
Anchorage, AK 99503 Alaska Industrial Development
and Export Authority
Dear Mr. Arminski:
The enclosed maps depict state lands that may be designated or conveyed to the Mental Health
Trust. This information is provided to give you an opportunity to comment on these potential
designations or conveyances under the authority of AS 38.05.945. Ihave also attached a copy of
the public notice for your information.
Chapter 66, SLA 1991, establishes the basis for the reconstitution of the Mental Health Trust.
Under this legislation, the state is to designate and convey to the Mental Health Trust Authority
all unencumbered Original Mental Health Trust Land (OMHTL) (approximately 600,000 acres)
and replace OMHTL encumbered by third-party interests with state land of equal value and
similar characteristics. There are about 400,000 acres of non-conveyable OMHTL. The Settling
Plaintiffs have nominated about 500,000 acres of state land throughout Alaska to compensate for
the encumbered, non-conveyable OMHTL. Chapter 66 has not yet been approved by the court,
and certain amendments may be necessary.
Legislation may also be enacted during the current session of the Legislature to resolve the
Mental Health Trust litigation in whole or part. This legislation may be separate from the overall
Trust reconstitution process provided for under Chapter 66. The information in this letter is
provided to meet the requirements of AS 38.05.945, should the Legislature enact such legislation.
The purpose of this redesignation and conveyance is to replace some or all OMHTL that has
been transferred or conveyed to third-party interests or that is within Legislatively Designated
Areas (LDAs).! Much of this OMHTL was transferred or conveyed as a result of the Legislature redesignating Mental Health Trust Land as General Grant land in 1978. The Alaska Supreme
Court determined that redesignation to be a breach of trust and ordered the State to reconstitute
the Trust to the maximum extent practicable.
Chapter 66 validates and protects title to OMHTL held by individuals and municipalities and
protects other important areas, such as parks and game refuges, by replacing them with other state land. This land exchange will fulfill the obligation the Alaska Supreme Court imposed on
the state to reconstitute the Mental Health Trust. In evaluating the public comment in response
to this notice, the state must weigh the need to retain proposed replacement land in state
ownership against the court imposed requirement to reconstitute the Trust, as well as the need to
protect entities holding OMHTL. If the state land that is the subject of this notice is not
conveyed to the Trust, other state land must be identified and conveyed to the Trust to complete
the reconstitution of the Trust.
1 LDAs include, for example, state parks, forests, game refuges, recreation rivers, and critical habitat areas. Chapter
66 does provide for the conveyance of the OMHTL within the Haines and Tanana State Forests to the Mental Health
Trust.
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vy February 24, 1994
Page 2
We have enclosed regional overview maps of these nominations. There are also 1:63,360 USGS
quadrangle maps of these nominations available for review at the Public Information Centers of
the Department of Natural Resources.2 Department Personnel at these centers are available to
answer questions. In addition, the boroughs listed below have copies of the USGS quadrangle
maps on a statewide basis and the cities have quadrangle maps that directly pertain to their
community.3 Note that the regional GIS map indicates three categories of land: Proposed
Substitute Land, Disputed Proposed Substitute Land, and non-conveyable Original Trust Land.
The latter category represents the areas of encumbered OMHTL for which compensation is
required under Chapter 66. The ‘Disputed’ Proposed Substitute Land category represents those
nominations to which the Department has expressed opposition. The basis for our objection is derived from our knowledge of the importance of a particular state facility or area.
If additional clarification or information is required, you should have your staff contact the
Department’s Public Information Centers listed below. Comments should be received on or
before March 17, 1994. Thank you for your cooperation in this review.
Sincerely,
Ron Swanson, Director
Attachment
2 Anchorage-762-2261, 3601 C Street, Suite 200; Fairbanks-451-2700, 3700 Airport Way; Juneau-465-3400, 400
Willoughby Ave., 4th floor.
3 Boroughs - Municipality of Anchorage, Denali, Fairbanks North Star, Haines, Juneau, Kenai Peninsula, Ketchikan
Gateway, Kodiak Island, Lake and Peninsula, Matanuska-Susitna, North Slope, Northwest Arctic, Sitka, Yakutat.
Cities - Barrow, Bettles, Coffman Cove, Cordova, Delta Junction, Fairbanks, Homer, Kasaan, Kenai, Ketchikan,
Kupreanof, Nome, North Pole, Nulato, Pelican, Petersburg, Port Lions, Seldovia, Seward, Skagway, Soldotna,
Tanana, Tenakee Springs, Thorne Bay, Valdez, Wasilla, Wrangell.
MH/Pub. Not./SI-1
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF LAND
Public Notice under AS 38.05.945 of the Proposed Redesignation
and Conveyance of Land to Reconstitute the Mental Health Trust
The Department of Natural Resources (Department) invites your comments on a
proposal to redesignate or convey land or certain interests in state land to the
Mental Health Trust Authority, once established under the provisions of Chapter
66, SLA 1991. Chapter 66 provides for the replacement of encumbered Original
Mental Health Trust Land (OMHTL) through a process of land exchanges based
upon equal fair market value, comparable character, benefit to the Trust, and
overall public interest. In addition, the Legislature may enact legislation during
1994 that authorizes the redesignation or conveyance of state land to replace certain
OMHTL parcels. This notice provides the opportunity for the public to comment on
such proposed redesignations and conveyances to decide if the land described in this
notice should be used for potential exchanges.
The proposed exchanges are intended to validate and protect title to OMHTL held
by individuals and municipalities and protect other important areas, such as parks
and game refuges, by replacing them with other state land. Much of this OMHTL
was transferred or conveyed as a result of the Legislature redesignating Mental
Health Trust Land as General Grant land in 1978. The Alaska Supreme Court
determined that redesignation to be a breach of trust and ordered the State to
reconstitute the Mental Health Trust to the maximum extent practicable.
These land exchanges will partially fulfill the obligation the Alaska Supreme Court
imposed on the state to reconstitute the Mental Health Trust. In evaluating the
public comment in response to this notice, the state must weigh the need to retain
proposed replacement land in state ownership against the court imposed
requirement to reconstitute the Trust, as well as the need to protect entities holding
OMHTL. Ifthe state land that is the subject of this notice is not conveyed to the
Trust, other state land may be identified and conveyed to the Trust to complete the
reconstitution of the Trust.
Land Description and Information: The areas and approximate acreages shown
below may be designated or conveyed as Mental Health Trust Land. State land that
is the subject of this notice may be used in its entirety, or in part, to replace all or
some part of the encumbered OMHTL.
Community Parcels Acres
Barrow 1 729
Bettles 1 605
Cordova 22 5,370
Chandalar 1 10,240
Chena Area 2 32,603
Copper River Basin 40 3,172
Cape Yakataga 26 29,061
Delta Junction 77 19,013
DeLong Mountains 3 16,000
Denali 21 6,482
Elfin Cove 1 37
Fairbanks 155 24,171
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\ Gustavus 6 282
Haines 1 3,468
Healy 43 11,901
Homer 26 6,217
Tliamna 5 16,712
Juneau 31 19,343
Kodiak 2 1,788
Kenai-Soldotna 92 3,391
Ketchikan 234 21,127
Lake Minchumina 2 71
Livengood-Circle 8 32,470
McCarthy 5 16,686
Muni of Anchorage 10 2,711
Mat-Su 47 3,041
Nenana 26 2,765
Nulato 3 70,704
Nome 6 8
Northwest 1 640
Petersburg 131 11,619
Skagway 29 3,106
Salcha 21 2,057
Sitka 29 Dols
Seward 71 8,744
Talkeetna 3 689
Tanana 1 735
Tok 38 374
Tyonek 6 4,510
Valdez 16 10,190
Willow 40 521
Wrangell 52 8,787
Yakutat 1 767
More detailed information on these lands affected by the above action is available for review at
the following Public Information Centers of the Department of Natural Resources: Anchorage- 3601 C Street, Suite 200; Fairbanks-3700 Airport Way; Juneau-400 Willoughby Ave., 4th floor. Maps of the affected state land are available at the following Municipal Offices:
hs - Municipality of Anchorage, Denali, Fairbanks North Star, Haines, Juneau, Kenai
Peninsula, Ketchikan Gateway, Kodiak Island, Lake and Peninsula, Matanuska-Susitna, North
Slope, Northwest Arctic, Sitka, Yakutat.
Cities - Barrow, Bettles, Coffman Cove, Cordova, Delta Junction, Fairbanks, Homer, Kasaan,
Kenai, Ketchikan, Kupreanof, Nome, North Pole, Nulato, Pelican, Petersburg, Port Lions,
Seldovia, Seward, Skagway, Soldotna, Tanana, Tenakee Springs, Thorne Bay, Valdez, Wasilla,
Wrangell.
Public Comment: Comments from the public on this proposed action must be received in writing
at the Division of Land, Attention: Mental Health Settlement Project, P.O. Box 107005,
Anchorage, Alaska 99510-7005 on or before 4:30p.m. March 17, 1994. This deadline is required
to supplement the administrative hearing record and to receive public comment solicited by this notice.
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