R652-50-400. Permit Approval Process

Applications shall be accepted on lands available for permitting under R652-50-300 or upon termination of an existing permit as follows:

1. On sovereign lands that are available for grazing, but are not subject to an existing permit, applications may be solicited through advertising or any other method the division determines is appropriate, including notification of adjacent landowners and other permittees in an allotment.

2. On sovereign lands subject to an expiring grazing permit, competing applications shall be accepted from January 2 to March 1, or the next working day if either of these days is a weekend or holiday, of the year in which the permit terminates.

3. If no competing applications are received, the person holding the expiring grazing permit shall have the right to renew the permit by submitting a completed application along with the first year's rent and other applicable fees.

4. Persons desiring to submit a competing application shall do so on forms acceptable to the division. Applications shall include payment in the amount of the non-refundable application fee, and the one-time bonus bid. Bids shall be refunded to unsuccessful applicants. Upon establishment of the yearly rental rate, the successful applicant shall be required to submit the first year's rental and other required fees.

5. Applications shall be evaluated by the division and shall be accepted only if the division determines that the applicant's grazing activity shall not create unmanageable problems of trespass, range management, or access.

(a) For purposes of this evaluation adjoining permittees and lessees, adjoining property owners, or adjoining federal permittees shall be considered acceptable as competing applicants unless specific problems are clearly demonstrated.

(b) Applicants not meeting the requirements in (a) above, whose uses would not unreasonably conflict with the uses of other permittees of sovereign lands in the area, shall nevertheless be accepted if the size of the grazing area, the access to the grazing area, and other factors demonstrate that the applicant is able to utilize the area without adverse impact on the range resources, or adjoining lands.

6. An existing permittee shall have a preference right to permit the property provided he agrees to pay an amount equal to the highest competing application.