[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: 43CFR2920.9-3]



[Page 315-316]

 

                    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 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



[[Page 316]]



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.