1. The director may
reinstate the following specific leases, permits, and easements, in the event
of their cancellation, upon filing of a request for reinstatement, the payment
of all late fees, reinstatement fees, and rental fees in arrears, based on a
written finding that a reinstatement would be in the best interest of the
beneficiaries:
(a) Special use leases issued
using a competitive process within 60 days of cancellation.
(b) Special use leases issued without using a
competitive process within 60 days of cancellation if:
i) there are no apparent competing interests,
ii) the cost of requiring a
competitive process would be excessive in light of the potential revenue,
iii) a negotiated settlement
appears to present greater opportunity for increased compensation than a
competitive settlement, or
iv)
there exists compelling reason establishing that the best interests of the
trust would be met by waiving the competitive process.
(c) Grazing permits within 60 days of
cancellation with the exception that grazing permits cancelled for reasons of
non-payment of grazing fees may be reinstated by the director without a written
finding.
(d) General permits within
60 days of cancellation.
(e)
Easements within 60 days of cancellation provided that:
i) if the easement term is perpetual, then
the easement shall be amended so that the term is 30 years beginning as of the
original effective date. However, if the remaining number of years on an
easement so amended is less than 15, the ending date of the easement shall be
set so that there will be 15 years remaining in the easement;
ii) if the easement term is not perpetual,
easements shall be reinstated only for the balance of the original term; and
iii) the applicant for an easement
reinstatement agrees to pay the difference between what was originally paid for
the easement and what the division would charge for the easement at the time
the request for reinstatement is submitted.
(f) Materials permits within 60 days of
cancellation.
(g) Materials permits
issued without using a competitive process within 60 days of cancellation if:
i) there are no apparent competing interests,
ii) the cost of requiring a
competitive process would be excessive in light of the potential revenue,
iii) a negotiated settlement
appears to present greater opportunity for increased compensation than a
competitive settlement, or
iv)
there exists compelling reason establishing that the best interests of the
trust would be met by waiving the competitive process.
2. The director may reinstate any
application for lease, permit, easement, exchange, or sale cancelled pursuant
to
R652-30-500(5)(a)
or
R652-40-700(4)(a)
upon the filing of a request for reinstatement and the payment of applicable
reinstatement fees, and based on a written finding that a reinstatement would
be in the best interest of the beneficiaries.
