R850-120-400. Review Criteria

The agency may enter into agreements for in-kind use of institutional trust land by its beneficiary. The criteria by which an application will be considered are:

1. The applicant must be the beneficiary of the land under application.

2. The agreed use must be a prudent use of the property, taking into account related plans and programs approved by the institution, the opportunity cost of the in-kind use and the effect of that use on the management of other institutional trust lands.

3. The in-kind use must not result in net derogation of trust asset value.

4. The in-kind use must be consistent with the institution's constitutional and statutory mandate.