[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: 43CFR2920.9-3]

[Page 305-306]
 
                    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. 2920.9-3  Termination and suspension.

    (a) Land use authorizations may be terminated under the following 
circumstances:
    (1) If a land use authorization provides by its terms that it shall 
terminate on the occurrence of a fixed or agreed-upon event, the land 
use authorization shall thereupon automatically terminate by operation 
of law upon the occurrence of such event.
    (2) Noncompliance with applicable law, regulations or terms and 
conditions of the land use authorization.
    (3) Failure of the holder to use the land use authorization for the 
purpose for which it was authorized. Failure to construct or nonuse for 
any continuous 2-year period shall constitute a presumption of 
abandonment and termination.
    (4) Mutual agreement that the land use authorization should be 
terminated.
    (5) Nonpayment of rent for 2 consecutive months, following notice of 
payment due.
    (6) So that the public lands covered by the permit can be disposed 
of or used for any other purpose.
    (b)(1) Upon determination that there is noncompliance with the terms 
and conditions of a land use authorization which adversely affects the 
public health, safety or welfare or the environment, the authorized 
officer shall issue an immediate temporary suspension.
    (2) The authorized officer may give an immediate temporary susension 
order orally or in writing at the site of the activity to the holder or 
a contractor or subcontractor of the holder, or to any representative, 
agent, employee or contractor of any of them, and the suspended activity 
shall cease at that time. As soon as practicable, the authorized officer 
shall confirm the order by a written notice to the holder addressed to 
the holder or the holder's designated agent. The authorized officer may 
also take such action considered necessary to require correction of such 
defects prior to an administrative proceeding.
    (3) The authorized officer may order immediate temporary suspension 
of an activity regardless of any action that has been or is being taken 
by another Federal agency or a State agency.
    (4) An order of temporary suspension of activities shall remain 
effective until the authorized officer issues an order permitting 
resumption of activities.
    (5) Any time after an order of suspension has been issued, the 
holder may file with the authorized officer a request for permission to 
resume. The request shall be in writing and shall contain a statement of 
the facts supporting the request.
    (6) The authorized officer may render an order to either grant or 
deny the request to resume within 5 working days of the date the request 
is filed. If the authorized officer does not render an order on the 
request within 5 working days, the request shall be considered denied, 
the holder shall have the same

[[Page 306]]

right to appeal the denial as if an order denying the request had been 
issued.
    (c) Process for termination or suspension other than temporary 
immediate suspension.
    (1) Prior to commencing any proceeding to suspend or terminate a 
land use authorization, the authorized officer shall give written notice 
to the holder of the legal grounds for such action and shall give the 
holder a reasonable time to correct any noncompliance.
    (2) After due notice of termination or suspension to the holder of a 
land use authorization, if noncompliance still exists after a reasonable 
time, the authorized officer shall give written notice to the holder and 
refer the matter to the Office of Hearings and Appeals for a hearing 
before an Administrative Law Judge pursuant to 43 CFR 4.420-4.439. The 
authorized officer shall suspend or revoke the land use authorization if 
the Administrative Law Judge determines that grounds for suspension or 
revocation exists and that such action is justified.
    (3) The authorized officer shall terminate a suspension order when 
the authorized officer determines that the violation causing such 
suspension has been rectified.
    (d) Upon termination, revocation or cancellation of a land use 
authorization, the holder shall remove all structures and improvements 
except those owned by the United States within 60 days of the notice of 
termination, revocation or cancellation and shall restore the site to 
its pre-use condition, unless otherwise agreed upon in writing or in the 
land use authorization. If the holder fails to remove all such 
structures or improvements within a reasonable period, they shall become 
the property of the United States, but that shall not relieve the holder 
of liability for the cost of their removal and restoration of the site.