R850-50-900. Non-Use Provisions

  1. The granting of non-use shall be at the discretion of the agency.

  2. Applications for non-use must be submitted in advance or, if the trust land is within a federal grazing allotment, as soon as notification of non-use is received from the applicable federal agency.

  3. Applications for non-use must be accompanied by the application fee and by any documentation which is the basis for the request. In the event the non-use application is approved, any annual assessment paid for the year shall be applied to the permittee's next year's annual assessment.

  4. Non-use shall not be approved for periods of time exceeding one year except when the director finds that a longer period of time would be in the best interests of the beneficiaries.

  5. Non-use for personal convenience with no payment of the annual assessment shall not be approved.