[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: 43CFR2920.1-2]

[Page 298]
 
                    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. 2920.1-2  Unauthorized use.

    (a) Any use, occupancy, or development of the public lands, other 
than casual use as defined in Sec. 2920.0-5(k) of this title, without 
authorization under the procedures in Sec. 2920.1-1 of this title, 
shall be considered a trespass. Anyone determined by the authorized 
officer to be in trespass on the public lands shall be notified of such 
trespass and shall be liable to the United States for:
    (1) The administrative costs incurred by the United States as a 
consequence of such trespass; and
    (2) The fair market value rental of the lands for the current year 
and past years of trespass; and
    (3) Rehabilitating and stabilizing the lands that were the subject 
of such trespass, or if the person determined to be in trespass does not 
rehabilitate and stabilize the lands determined to be in trespass within 
the period 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.
    (b) In addition, the following penalties may be assessed by the 
authorized officer for a trespass not timely resolved under paragraph 
(a) of this section and where the trespass is determined to be:
    (1) Nonwillful, twice the fair market rental value which has accrued 
since the inception of the trespass, not to exceed a total of 6 years; 
or
    (2) Knowing and willful, three times the fair market rental value 
which has accrued since the inception of the trespass, not to exceed a 
total of 6 years.
    (c) For any person found to be in trespass on the public lands under 
this section, the authorized officer may take action under Sec. 2920.9-
3 of this title to terminate, revoke, or cancel any land use 
authorization issued to such person under this part.
    (d) Failure to satisfy the liability and penalty requirements 
imposed under this section for unauthorized use of the public lands may 
result in denial of:
    (1) A use authorization under this part; and
    (2) A request to purchase or exchange public lands filed under 
subparts 2711 and 2201 of this title.
    (e) Any person who knowingly and willfully violates the regulations 
in this part by using the public lands without the authorization 
required by this part, in addition to the civil penalties provided for 
in this part, may be subject to a fine of not more than $1,000 or 
imprisonment of not more than 12 months, or both under subpart 9262 of 
this title.
    (f) Any person adversely affected by a decision issued under this 
section, may appeal that decision under the provisions of part 4 of this 
title.

[52 FR 49115, Dec. 29, 1987]