Lawmakers press Trust Land Office on public access, encroachments and best-interest process

Concerns from lawmakers about public access to Alaska Mental Health Trust lands and the treatment of long-term encroachments prompted a detailed response from the Trust Land Office at a joint State Affairs committee hearing on April 3.

Senator David Bjorkman (Senate State Affairs) and Representative [name as recorded in transcript] raised examples of gates and restricted access near their communities and asked whether the trust’s management choices both maximize revenue and reflect public use values. Bjorkman said he was troubled when trust land is not treated like other public land and urged the land office to consider the public perception when access is restricted.

Jesse Warner, executive director of the Trust Land Office, told the committee that trust lands are not general state lands but “are open to public access through a general permit,” which is available online. Warner described the permit as an over-the-counter authorization to gather firewood, ride all-terrain vehicles, berry-pick and similar uses; he said pricing for that permit “ranges anywhere from … $2.50 to $10.”

Warner said there are times when land is temporarily closed for safety reasons because of active operations such as timber harvests or other contracts. He said the TLO receives reports of trespass, abandoned vehicles, dumping and cabins, and that the office typically works with Alaska State Troopers to identify responsible parties and require cleanups. If the responsible party cannot be found or if cleanup is not financially prudent for the trust, the TLO will arrange and pay for cleanup as needed, Warner said.

Representative [name as recorded in transcript] and others described instances in which communities view trust decisions — such as logging on land used for subsistence — as harmful to local well-being. Warner and Mary Wilson, the trust CEO, told lawmakers that the statutory requirement to manage trust lands “solely in the interest of the trust and its beneficiaries” guides the land office’s decision-making but that the office does consider community impacts and can modify actions following public comment.

Warner outlined the TLO’s best-interest decision process: proposed actions are publicly noticed for 30 days, public comments are collected and staff will modify, affirm or deny the proposed action based on that review. He said that if a party disagrees with a final best-interest decision, an appeal to the executive director is available.

Several lawmakers urged the land office to engage early with neighbors and local legislators when large projects are planned so the office can “define the story” and avoid later project delays.

The committee did not take formal action on any land-management issue; trust staff offered to follow up with more localized outreach and additional information on public permit use and recent community engagement events.