[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: 43CFR2920.0-5]

[Page 296-297]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2920_LEASES, PERMITS AND EASEMENTS--Table of Contents
 
     Subpart 2920_Leases, Permits and Easements: General Provisions
 
Sec. 2920.0-5  Definitions.

    As used in this part, the term:
    (a) Authorized officer means any employee of the Bureau of Land 
Management to whom has been delegated the authority to perform the 
duties described in this part.
    (b) Easement means an authorization for a non-possessory, non-
exclusive interest in lands which specifies the rights of the holder and 
the obligation of the Bureau of Land Management to use and manage the 
lands in a manner consistent with the terms of the easement.
    (c) Lease means an authorization to possess and use public lands for 
a fixed period of time.
    (d) Permit means a short-term revocable authorization to use public 
lands for specified purposes.
    (e) Land use proposal means an informal statement, in writing, from 
any person to the authorized officer requesting consideration of a 
specified use of the public lands.
    (f) Land use plan means resource management plans or management 
framework plans prepared by the Bureau of Land Management pursuant to 
its land use planning system.
    (g) Public lands means lands or interests in lands administered by 
the Bureau of Land Management, except lands located on the Outer 
Continental Shelf and lands held for the benefit of Indians, Aleuts and 
Eskimos.
    (h) Person means any person or entity legally capable of conveying 
and holding lands or interests therein, under the laws of the State 
within which the lands or interests therein are located, who is a 
citizen of the United States, or in the case of a corporation, is 
subject to the laws of any State or of the United States.
    (i) Proponent means any person who submits a land use proposal, 
either on his/her own initiative or in response to a notice for 
submission of such proposals.
    (j) Applicant means any person who submits an application for a land 
use authorization under this part.
    (k) Casual use means any short term non-commercial activity which 
does not cause appreciable damage or disturbance to the public lands, 
their resources or improvements, and which is not prohibited by closure 
of the lands to such activities.
    (l) Land use authorization means any authorization to use the public 
lands issued under this part.
    (m) Knowing and willful means that a violation is knowingly and 
willfully committed if it constitutes the voluntary or conscious 
performance of an act which is prohibited or the voluntary or conscious 
failure to perform an act or duty that is required. The terms does not 
include performances or

[[Page 297]]

failures to perform which are honest mistakes or which are merely 
inadvertent. The term includes, but does not require, performances or 
failures to perform which result from a criminal or evil intent or from 
a specific intent to violate the law. The knowing or willful nature of 
conduct may be established by plain indifference to or reckless 
disregard of the requirements of law, regulations, orders, or terms of a 
lease. A consistent pattern of performance or failure to perform also 
may be sufficient to establish the knowing or willful nature of the 
conduct, where such consistent pattern is neither the result of honest 
mistake or mere inadvertency. Conduct which is otherwise regarded as 
being knowing or willful is rendered neither accidental nor mitigated in 
character by the belief that the conduct is reasonable or legal.

[46 FR 5777, Jan. 19, 1981, as amended at 52 FR 49115, Dec. 29, 1987]