24.10.1.150 Special Land Use License

(a) In lieu of imposing any penalties under Section 24.10.1.090 or damages under Section 24.10.1.100 of this Act, the Governor may grant a Special Land Use License to the person in trespass for a period not to exceed three (3) months to allow temporary use of Pueblo lands in the absence of a valid lease, easement, rights-of-way, or permit providing the person in trespass:

(1) has requested a Special Land Use License;

(2) has filed an application for renewal with the Secretary or the Pueblo or both

in accordance with applicable law, and paid any applicable fees; and

(3) pays a monthly Special Land Use License fee for the Special Land Use License.

(b) The Governor may renew the Special Land Use License for an additional period of

three (3) months.

(c) The Realty Officer shall determine the monthly amount of the Special Land Use

License fee based on:

(1) the amount of acreage applied for;

(2) the prevailing annual per acre rental value of Pueblo lands as established by the realty officer using the Pueblo's land valuation methods;

(3) dividing the annual rental value by twelve (12); and

(4) adding a cumulative 1.5% settlement incentive charge per month (.015 times the first monthly rental value and .015 times the prior monthly rental value for each subsequent month).

(d) Payment of the Special Land Use Fee shall be due as stated in the Schedule

accompanying the Notice of Trespass and Order to Comply.

(e) The amounts paid by the person for the Special Land Use License fee shall be credited against the final settlement amount for the trespass.

(f) The Governor may revoke the Special Land Use License if the person in trespass:

(1) fails to pay the Special Land Use License fee; or

(2) does not diligently and in good faith pursue renegotiation of the lease, right-

of-way, easement, or permit.