[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2801.3]

[Page 239-240]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2800_RIGHTS-OF-WAY, PRINCIPLES AND PROCEDURES--Table of Contents
 
Subpart 2801_Terms and Conditions of Rights-of-Way Grants and Temporary 
                               Use Permits
 
Sec. 2801.3  Unauthorized use, occupancy, or development.

    (a) Any use, occupancy, or development of the public lands that 
requires a right-of-way, temporary use permit, or other authorization 
pursuant to the regulations of that part and that has not been so 
authorized, or that is beyond the scope and specific limitations of such 
an authorization, or that causes unnecessary or undue degradation, is 
prohibited and shall constitute a trespass as defined in Sec. 2800.0-5.
    (b) Anyone determined by the authorized officer to be in violation 
of paragraph (a) of this section shall be notified in writing of such 
trespass and shall be liable to the United States for:
    (1) Reimbursement of all costs incurred by the United States in the 
investigation and termination of such trespass;
    (2) The rental value of the lands, as provided for in Sec. 2803.1-2 
of this title, for the current year and past years of trespass, or where 
applicable, the cumulative value of the current use fee, amortization 
fee, and maintenance fee as determined by the authorized officer for 
unauthorized use of any road administered by the BLM; and
    (3) Rehabilitating and stabilizing any lands that were harmed by 
such trespass. If the trespasser does not rehabilitate and stabilize the 
lands within the time set by the authorized officer in the notice, he/
she shall be liable for the costs incurred by the United States in 
rehabilitating and stabilizing such lands.
    (c) In addition to amounts due under the provisions of paragraph (b) 
of this section, the following penalties shall be assessed by the 
authorized officer:
    (1) For all nonwillful trespass which is not resolved by meeting one 
of the conditions identified in Sec. 9239.7-1 within 30 days of receipt 
of a written demand under paragraph (b) of this section--an amount equal 
to the rental value and for roads, an amount equal to the charges for 
road use, amortization and maintenance which have accrued since the 
inception of the trespass;
    (2) For repeated nonwillful or willful trespass--an amount that is 2 
times the rental value and for roads, an amount 2 times the charges for 
road use, amortization and maintenance which have accrued since the 
inception of the trespass.
    (d) In no event shall settlement for trespass computed pursuant to 
paragraphs (b) and (c) of this section be less than the processing fee 
for a Category I application for provided for in Sec. 2808.3-1 of this 
title for nonwillful trespass or less than 3 times this value for 
repeated nonwillful or knowing and

[[Page 240]]

willfull trespass. In all cases the trespasser shall pay whichever is 
the higher of the computed penalty or minimum penalty amount.
    (e) Failure to satisfy the requirements of Sec. 2801.3(b) of this 
title shall result in the denial of any right-of-way, temporary land 
use, road use application or other lands use request filed by not yet 
granted until there has been compliance with the provisions of Sec. 
9239.7-1 of this title.
    (f) Any person adversely affected by a decision of the authorized 
officer issued under this section may appeal that decision under the 
provisions of part 4 of this title.
    (g) In addition to the civil penalties provided for in this part, 
any person who knowingly and willfully violates the provisions of Sec. 
2801.3(a) of this title may be tried before a United States magistrate 
and fined no more than $1,000 or imprisoned for no more than 12 months, 
or both, as provided by section 303(a) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1733(a)) and Sec. 9262.1 of this 
title.

[54 FR 25854, June 20, 1989]