[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2920.1-2]



[Page 307-308]

 

                    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



[[Page 308]]



    (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]