[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: 43CFR9269.3-4]

[Page 940-941]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 9260_LAW ENFORCEMENT_CRIMINAL--Table of Contents
 
                     Subpart 9269_Technical Services
 
Sec. 9269.3-4  Range management.

    (a) Grazing administration--exclusive of Alaska--(1) Unlawful 
enclosures or occupancy. Section 1 of the Act of February 25, 1885 (43 
U.S.C. 1061), declares any enclosure of public lands made or maintained 
by any party, association, or corporation who ``had no claim or color of 
title made or acquired in good faith, or an asserted right thereto, by 
or under claim, made in good faith with a view to entry thereof at the 
proper land office under the general laws of the United States at the 
time any such enclosure was or shall be made'' to be unlawful and 
prohibts the maintenance or erection thereof. (See Sec. 9269.3-4(a)(2) 
of this title).
    (2) Penalties. Under section 4 of the Act of February 25, 1885 (43 
U.S.C. 1064), any person violating any of the provisions of this Act, 
whether as owner, part owner, or agent, or who shall aid, abet, counsel, 
advise, or assist in any violation hereof, shall be deemed guilty of a 
misdemeanor and fined a sum not exceeding $1,000, or be imprisoned not 
exceeding one year, or both, for each offense.
    (b) Grazing administration; Alaska; livestock. (1) Grazing livestock 
upon, allowing livestock to drift and graze on, or driving livestock 
across lands that are subject to lease or permit under the provisions of 
part 9230 of this title or within a stock driveway, without a lease or 
other authorization from the

[[Page 941]]

Bureau of Land Management, is prohibited and constitutes trespass. 
Trespassers will be liable in damages to the United States for forage 
consumed and for injury to Federal property, and may be subject to 
criminal prosecution for such unlawful acts. A lessee who grazes 
livestock in violation of the terms and conditions of his lease by 
exceeding numbers specified, or by allowing the livestock to be on 
Federal land in an area or at a time different from that designated in 
his lease shall be in default and shall be subject to the provisions of 
Sec. 4220.7 (g) and (h) of this title.
    (2) Penalties. Under section 2 of the Taylor Grazing Act, any person 
who willfully grazes livestock in such areas without such authority 
shall, upon conviction, be punished by a fine of not more than $500.
    (c) Grazing administration; Alaska; reindeer. (1) Any use of the 
Federal lands for reindeer grazing purposes, unless authorized by a 
valid permit issued in accordance with the regulations in part 4300 of 
this title, is unlawful and is prohibited.
    (2) Penalties. Any person who willfully violates any of the rules 
and regulations in part 4300 of this title shall be deemed guilty of a 
misdemeanor, and upon conviction thereof shall be punishable by 
imprisonment for not more than one year, or by a fine of not more than 
$500.
    (d) Wild free-roaming horse and burro protection, management, and 
control. [Reserved]