Alaska Administrative Code
Title 11 - Natural Resources
Part 7 - Trust Land Management
Chapter 99 - Management of Alaska Mental Health Trust Land
11 AAC 99.990 - Definitions

Universal Citation: 11 AK Admin Code 11 AAC 99.990

Current through November 28, 2024

In this chapter, in AS 38.05.801, and elsewhere in the statutes and regulations as applied to trust land, and unless otherwise specified,

(1) "Alaska mental health trust" and "trust" mean the Alaska mental health trust established under AS 37.14.001-37.14.099, and administered under the trust instrument, which is composed of

(A) the Alaska Mental Health Enabling Act ( P.L. 84-830, 70 Stat. 709 (1956));

(B) sec. 6(k) of the Alaska Statehood Act ( P.L. 85-508, 72 Stat. 339 (1958));

(C)AS 09.25.050(a); AS 29.25.030; AS 29.45.030; AS 36.30.805(b); AS 37.05.146 and 37.05.540(b); AS 37.13.030 and 37.13.300; AS 37.14.001-37.14.099; AS 38.05.801; AS 38.07.030(c); AS 39.25.120(c)(9) and (23); AS 41.15.025; AS 44.21.230(a) and (d); AS 44.29.022-44.29.140; AS 47.30.011-47.30.061, 47.30.470-47.30.530, 47.30.540(b), 47.30.545, 47.30.547, 47.30.550(e), 47.30.590-47.30.610, 47.30.660-47.30.662, 47.30.664(b), 47.30.666, 47.30.667, 47.30.910(d)and(g), and 47.30.915(20); AS 47.37.040(10) and 47.37.125; AS 47.80.070(b), 47.80.090(13), and 47.80.110; sec. 58, ch. 66, SLA 1991, as repealed and reenacted by sec. 37, ch. 5, FSSLA 1994 and amended by sec. 2, ch. 1, SSSLA 1994; sec. 40, ch. 5, FSSLA 1994, as amended by secs. 4 and 5, ch. 1, SSSLA 1994; sec. 41, ch. 5, FSSLA 1994, as amended by secs. 6 and 7, ch. 1, SSSLA 1994; secs. 42 - 46 and 48, ch. 1, SSSLA 1994; and secs. 1 and 2, ch. 6, FSSLA 1994;

(D) the "Settlement Agreement and Stipulations to Terms of Dismissal," dated June 10, 1994, with attachments, in Weiss v. State(4FA-82-2208 Civil); and

(E) the "Order," dated December 13, 1994, dismissing Weiss v. State(4FA-82-2208 Civil);

(2) "Alaska mental health trust land," "trust land," and "land" when referring to that trust land, mean the land, and interests and resources in the land, including improvements to the land, referred to in sec. 40(a)(1) and (2), ch. 5, FSSLA 1994, as amended by sec. 4, ch. 1, SSSLA 1994; the terms also include land, and interests and resources in land, including improvements to the land, acquired by or on behalf of the trust by any other means after June 24, 1994;

(3) "authority" and "trust authority" mean the Alaska Mental Health Trust Authority established by AS 47.30.011;

(4) "beneficiary" means a person who is a beneficiary of the mental health lands trust created by Congress in the Alaska Mental Health Enabling Act ( P.L. 84-830, 70 Stat. 709 (1956)), including a resident of the state who is mentally ill, mentally defective or retarded, chronically alcoholic suffering from a psychosis, or senile and as a result of that senility suffers from a major mental illness, and any other person needing mental health services as the legislature may determine;

(5) "commissioner" means the commissioner of the Department of Natural Resources;

(6) "consult" means giving to the trust authority or its designee timely notice of the general terms and conditions of a proposed action, opportunity for a discussion of issues related to and consideration of the proposed action, opportunity to obtain relevant information, and opportunity to furnish comments and advice;

(7) "department" means the Department of Natural Resources;

(8) "disposal" means the transfer of land or resources, or of an interest in land or resources, but does not include

(A) a permit or other authorization that is revocable by the executive director;

(B) a sale of up to 500,000 board feet of timber or 100,000 cubic yards of materials; or

(C) other nonrenewable authorizations for the private, exclusive use of land not to exceed one year, or for a private or public nonexclusive use;

(9) "executive director" means the executive director or other officer designated by the commissioner as the head of the unit required by AS 44.37.050, or the executive director's designee;

(10) "other state land" means state land that is not Alaska mental health trust land.

In 2014 the revisor of statutes, acting under AS 01.05.031, renumbered paragraphs in AS 47.30.915 to place definitions in alphabetical order; as a result, the definition of "state" was moved from AS 47.30.915(18) to AS 47.30.915(20). As of Register 212 (January 2015), the regulations attorney made a conforming technical revision under AS 44.62. 125(b)(6), to 11 AAC 99.990(1) (C) (defining "Alaska mental health trust"), so that the cross-reference to former AS 47.30.915(18) now refers to the renumbered paragraph, AS 47.30.915(20).

Authority:AS 37.14.009

AS 38.05.020

AS 38.05.801

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