Utah Admin. Code R850-5-500 - Reinstatements
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 trust
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) 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 agency would charge for
the easement when the request for reinstatement is submitted.
(e) Materials permits within 60
days of cancellation.
(f) 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.
(g)
Renewable energy leases within 60 days of cancellation.
(h) Renewable energy 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.
2. The Director may reinstate any application
for lease, permit, easement, exchange, or sale cancelled pursuant to Rules
R850-30 and R850-80 and Subsection
R850-40-700(3)
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 trust beneficiaries.
Notes
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