11 AAC 99.040. Written decision of best interest and consistency

(a) The executive director shall prepare a written decision, on a case-by-case basis, before disposing of trust land and before taking any other action that requires a determination that a relevant provision of law applying to other state land will not be applied to trust land because of an inconsistency with 11 AAC 99.020.

(b) The written decision must describe the proposed action, state why it is in the best interest of the trust and its beneficiaries, cite the authority for the action, and state why any relevant provision of law applicable to other state land has been found to be inconsistent with 11 AAC 99.020 and will not be applied to the proposed action.

(c) Provisions of law applicable to other state land, including AS 38.05.035 (e) - (g), that appear to be in conflict with this section do not apply to trust land unless determined by the executive director, on a case-by-case basis, to be consistent with 11 AAC 99.020. The determination shall be stated in a written finding.

History: Eff. 3/31/97, Register 141

Authority: AS 37.14.009

AS 38.05.020

AS 38.05.801

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