Public Law 167 (The Surface Resources and Multiple Use Act of 1955)

PART 3710--PUBLIC LAW 167; ACT OF JULY 23, 1955--Table of Contents[Code of Federal Regulations]
[Title 43, Volume 2, Parts 1000 to end]
[Revised as of October 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR3710]

[Page 683-691]

TITLE 43--PUBLIC LANDS: INTERIOR

CHAPTER II--BUREAU OF LAND MANAGEMENT,
DEPARTMENT OF THE INTERIOR

PART 3710--PUBLIC LAW 167; ACT OF JULY 23, 1955--Table of Contents

Subpart 3715--Use and Occupancy Under the Mining Laws

Authority: 18 U.S.C. 1001, 3571 et seq.; 30 U.S.C. 22, 42, 612; 43
U.S.C. 1061 et seq., 1201, 1457, 1732 (b) and (c), 1733 (a) and (g).

Source: 61 FR 37125, July 16, 1996, unless otherwise noted.

Sec. 3715.0-1 What are the purpose and the scope of this subpart?

(a) Purpose. The purpose of this subpart is to manage the use and
occupancy of the public lands for the development of locatable mineral
deposits by limiting such use or occupancy to that which is reasonably
incident. The Bureau of Land Management (BLM) will prevent abuse of the
public lands while recognizing valid rights and uses under the Mining
Law of 1872 (30 U.S.C. 22 et seq.) and related laws governing the public
lands, regardless of when those rights were created. BLM will take
appropriate action to eliminate invalid uses, including unauthorized
residential occupancy of the public lands.
(b) Scope. This subpart applies to public lands BLM administers.
They do not apply to state or private lands in which the mineral estate
has been reserved to the United States. They do not apply to Federal
lands administered by other Federal agencies, even though those lands
may be subject to the operation of the mining laws.
(c) This subpart does not impair the right of any person to engage
in recreational activities or any other authorized activity on public
lands BLM administers.

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Sec. 3715.0-3 What are the legal authorities for this subpart?

The authorities for this subpart are 18 U.S.C. 1001, 3571 et seq.;
30 U.S.C. 22, 42, 612; 43 U.S.C. 1061 et seq., 1201, 1457, 1732 (b) and
(c), 1733 (a) and (g).

Sec. 3715.0-5 How are certain terms in this subpart defined?

As used in this subpart the term:
Mining laws means all laws that apply to mining of locatable
minerals on public lands and which make public lands available for
development of locatable minerals. This includes, but is not limited to,
the general authorities relating to mining of locatable minerals or to
the public lands on which this subpart is based and case law which
interprets those authorities.
Mining operations means all functions, work, facilities, and
activities reasonably incident to mining or processing of mineral
deposits. It includes building roads and other means of access to a
mining claim or millsite on public lands.
Occupancy means full or part-time residence on the public lands. It
also means activities that involve residence; the construction,
presence, or maintenance of temporary or permanent structures that may
be used for such purposes; or the use of a watchman or caretaker for the
purpose of monitoring activities. Residence or structures include, but
are not limited to, barriers to access, fences, tents, motor homes,
trailers, cabins, houses, buildings, and storage of equipment or
supplies.
Permanent structure means a structure fixed to the ground by any of
the various types of foundations, slabs, piers, poles, or other means
allowed by building codes. The term also includes a structure placed on
the ground that lacks foundations, slabs, piers, or poles, and that can
only be moved through disassembly into its component parts or by
techniques commonly used in house moving. The term does not apply to
tents or lean-tos.
Public lands means lands open to the operation of the mining laws
which BLM administers, including lands covered by unpatented mining
claims or millsites.
Prospecting or exploration means the search for mineral deposits by
geological, geophysical, geochemical, or other techniques. It also
includes, but is not limited to, sampling, drilling, or developing
surface or underground workings to evaluate the type, extent, quantity,
or quality of mineral values present.
Reasonably incident means the statutory standard ``prospecting,
mining, or processing operations and uses reasonably incident thereto''
(30 U.S.C. 612). It is a shortened version of the statutory standard. It
includes those actions or expenditures of labor and resources by a
person of ordinary prudence to prospect, explore, define, develop, mine,
or beneficiate a valuable mineral deposit, using methods, structures,
and equipment appropriate to the geological terrain, mineral deposit,
and stage of development and reasonably related activities.
Substantially regular work means work on, or that substantially and
directly benefits, a mineral property, including nearby properties under
your control. The work must be associated with the search for and
development of mineral deposits or the processing of ores. It includes
active and continuing exploration, mining, and beneficiation or
processing of ores. It may also include assembly or maintenance of
equipment, work on physical improvements, and procurement of supplies,
incidental to activities meeting the conditions of Secs. 3715.2 and
3715.2-1. It may also include off-site trips associated with these
activities. The term also includes a seasonal, but recurring, work
program.
Unnecessary or undue degradation, as applied to unauthorized uses,
means those activities that are not reasonably incident and are not
authorized under any other applicable law or regulation. As applied to
authorized uses, the term is used as defined in 43 CFR 3802.0-5 and
3809.0-5.

[61 FR 37125, July 16, 1996, as amended at 62 FR 59822, Nov. 5, 1997]

Sec. 3715.0-9 Information collection.

(a) BLM has submitted to the Office of Management and Budget the
information collection requirements contained in this subpart under 44
U.S.C. 3507 and the Paperwork Reduction Act

[[Page 685]]

of 1995 and assigned clearance number 1004-0169. BLM collects the
information so that it may manage use and occupancy of public lands
under the mining laws by prohibiting unauthorized uses and occupancies.
A response to BLM is mandatory and required to obtain the benefit of
occupying the public lands for reasonably incident activities.
(b) BLM estimates the public reporting burden for this information
to average two hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of
information. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing the burden, to the Information Collection Clearance Officer
(DW-110), Bureau of Land Management, Building 50, Denver Federal Center,
Denver, Colorado 80225-0047, and the Office of Management and Budget,
Paperwork Reduction Project, 1004-0169, Washington, DC 20503.

Sec. 3715.1 Do the regulations in this subpart apply to my use or
occupancy?

To determine if the regulations in this subpart apply to your
activities, refer to Table 1 in this section.

Table 1
------------------------------------------------------------------------
Applicability of this subpart
------------------------------------------------------------------------
If your proposed use of the public Then--
lands--.
Includes occupancy and is ``reasonably The provisions of this subpart
incident'' as defined by this subpart. apply to you. You must seek
concurrence from BLM before
beginning this use and comply
with all provisions of this
subpart.
Involves the placement, construction, The provisions of this subpart
or maintenance of enclosures, gates, apply to you. You must seek
fences, or signs. concurrence from BLM before
beginning this use and comply
with all provisions of this
subpart.
Is reasonably incident, but does not The provisions of this subpart
involve occupancy. do not apply to you, except
for Secs. 3715.4, 3715.5 and
3715.7. You are subject to the
applicable regulations in 43
CFR part 3800.
Is not reasonably incident (involving The occupancy consultation
rights-of-way, for example), but may provisions of this subpart do
be allowed under the public land laws. not apply to you. Your use is
not allowed under this
subpart. You must seek
authorization under 43 CFR
Group 2900.
Is not allowed under the public land Your use is prohibited. You
laws, the mining laws, the mineral must not begin or continue
leasing laws, or other applicable laws. unauthorized uses.
Involves occupancy of a site, or any The provisions of this subpart
subsequent site within a 25-mile do not apply to you. Refer to
radius of the initially occupied site, the applicable regulations in
for 14 days or less in any 90-day 43 CFR part 8360 and pertinent
period. State Director supplementary
rules. 43 CFR part 8360 will
not otherwise apply to a
reasonably incident use or
occupancy that this subpart
allows.
------------------------------------------------------------------------

Sec. 3715.2 What activities do I have to be engaged in to allow me to
occupy the public lands?

In order to occupy the public lands under the mining laws for more
than 14 calendar days in any 90-day period within a 25-mile radius of
the initially occupied site, you must be engaged in certain activities.
Those activities that are the reason for your occupancy must:
(a) Be reasonably incident;
(b) Constitute substantially regular work;
(c) Be reasonably calculated to lead to the extraction and
beneficiation of minerals;
(d) Involve observable on-the-ground activity that BLM may verify
under Sec. 3715.7; and
(e) Use appropriate equipment that is presently operable, subject to
the need for reasonable assembly, maintenance, repair or fabrication of
replacement parts.

Sec. 3715.2-1 What additional characteristic(s) must my occupancy have?

In addition to the requirements specified in Sec. 3715.2, your
occupancy must involve one or more of the following:
(a) Protecting exposed, concentrated or otherwise accessible
valuable minerals from theft or loss;
(b) Protecting from theft or loss appropriate, operable equipment
which is regularly used, is not readily portable, and cannot be
protected by means other than occupancy;

[[Page 686]]

(c) Protecting the public from appropriate, operable equipment which
is regularly used, is not readily portable, and if left unattended,
creates a hazard to public safety;
(d) Protecting the public from surface uses, workings, or
improvements which, if left unattended, create a hazard to public
safety; or
(e) Being located in an area so isolated or lacking in physical
access as to require the mining claimant, operator, or workers to remain
on site in order to work a full shift of a usual and customary length. A
full shift is ordinarily 8 hours and does not include travel time to the
site from a community or area in which housing may be obtained.

Sec. 3715.2-2 How do I justify occupancy by a caretaker or watchman?

If you assert the need for a watchman or caretaker to occupy the
public lands to protect valuable or hazardous property, equipment, or
workings, you must show that the need for the occupancy is both
reasonably incident and continual. You must show that a watchman or
caretaker is required to be present either whenever the operation is not
active or whenever you or your workers are not present on the site.

Sec. 3715.2-3 Under what circumstances will BLM allow me to temporarily
occupy a site for more than 14 days?

BLM may allow temporary occupancy at a single site to extend beyond
the 14-day period described in Sec. 3715.1 if you need to secure the
site beyond 14 days through the use of a watchman as allowed by
Sec. 3715.2-2, and you have begun consultation with BLM under
Sec. 3715.3. If BLM decides not to concur in the occupancy, the
temporary occupancy must stop.

Sec. 3715.3 Must I consult with BLM before occupancy?

Before beginning occupancy, you must consult with BLM about the
requirements of this subpart. See Table 2 in this section.

Table 2
------------------------------------------------------------------------
Consultation requirements
------------------------------------------------------------------------
If you are proposing a use that would Then.
involve occupancy.
Under a plan of operations or a You must include in the
modification submitted under 43 CFR proposed plan of operations
part 3800, subpart 3802 or subpart the materials required by Sec.
3809. 3715.3-2 describing any
proposed occupancy for BLM
review concurrently with
review of the plan of
operation.
BLM will determine whether you
have complied with the
requirements of this subpart
together with its decision
approving or modifying the
plan.
Under the notice provisions of 43 CFR You must submit the materials
part 3800, subpart 3809. required by Sec. 3715.3-2
together with the materials
submitted under 43 CFR 3809.1-
3 for BLM review concurrently
with its review of the
proposed activity.
Any activities in the notice
that do not involve occupancy
and are reasonably incident
may proceed in accordance with
43 CFR part 3800, subpart
3809.
And is a ``casual use'' under 43 CFR You are subject to the
3809.1-2 or does not require a plan of consultation provisions of
operations under 43 CFR 3802.1-2 and this subpart and must submit
3809.1-4 or a notice under 43 CFR the materials required by Sec.
3809.1-3. 3715.3-2 to BLM.
Any casual use activities that
do not involve occupancy and
are reasonably incident may
proceed in accordance with 43
CFR part 3800, subpart 3809.
Or enclosures, fences, gates, or signs You are subject to the
intended to exclude the general public. consultation provisions of
this subpart and must submit
the materials required by Sec.
3715.3-2 to BLM.
------------------------------------------------------------------------

Sec. 3715.3-1 At what point may I begin occupancy?

You must not begin occupancy until--
(a) You have complied with either 43 CFR part 3800, subpart 3802 or
3809 and this subpart, and BLM has completed its review and made the
required determinations under the applicable subparts, and
(b) You have obtained all federal, state and local mining,
reclamation, and waste disposal permits, approvals,

[[Page 687]]

or other authorizations for the particular use or occupancy as required
under this subpart.

Sec. 3715.3-2 What information must I provide to BLM about my proposed
occupancy?

You must give BLM a detailed map that identifies the site and the
placement of the items specified in paragraphs (c), (d), and (e) of this
section, and a written description of the proposed occupancy that
describes in detail:
(a) How the proposed occupancy is reasonably incident;
(b) How the proposed occupancy meets the conditions specified in
Sec. 3715.2 and Sec. 3715.2-1;
(c) Where you will place temporary or permanent structures for
occupancy;
(d) The location of and reason you need enclosures, fences, gates,
and signs intended to exclude the general public;
(e) The location of reasonable public passage or access routes
through or around the area to adjacent public lands; and
(f) The estimated period of use of the structures, enclosures,
fences, gates, and signs, as well as the schedule for removal and
reclamation when operations end.

Sec. 3715.3-3 How does BLM process the information I submit about my
proposed occupancy?

BLM will review all proposed occupancies and all proposed
enclosures, fences, gates, or signs intended to exclude the general
public to determine if your proposed occupancy or use will conform to
the provisions of Secs. 3715.2, 3715.2-1 and 3715.5. BLM will complete
its review of a proposed occupancy not involving a plan of operations
within 30 business days of receipt of the materials, unless it concludes
that the determination cannot be made until:
(a) 30 business days after it prepares necessary environmental
documents, and
(b) 30 business days after it has complied with section 106 of the
National Historic Preservation Act, Section 7 of the Endangered Species
Act, and/or other applicable statutes, if applicable.

Sec. 3715.3-4 How will BLM notify me of the outcome of its review
process?

At the conclusion of the review, BLM will make a written
determination of concurrence or non-concurrence, and will send it to
you. For operations conducted under a plan of operations, BLM will
include this written determination in the decision that approves,
modifies, or rejects the plan.

Sec. 3715.3-5 What will BLM's notification include?

(a) BLM will include in each determination of concurrence a
statement requiring you to continue to comply with Secs. 3715.2, 3715.2-
1 and 3715.5.
(b) BLM will specify in each determination of non-concurrence how
the proposed occupancy fails to meet the conditions of Sec. 3715.2,
Sec. 3715.2-1 or Sec. 3715.5, and will provide you an opportunity to
modify the proposed occupancy or appeal the determination under
Sec. 3715.9.

Sec. 3715.3-6 May I begin occupancy if I have not received concurrence
from BLM?

If you have not received concurrence from BLM, you must not begin
occupancy even though you have submitted, or plan to submit, an amended
occupancy proposal or an appeal.

Sec. 3715.4 What if I have an existing use or occupancy?

(a) By August 18, 1997, all existing uses and occupancies must meet
the applicable requirements of this subpart. If not, BLM will either
issue you a notice of noncompliance or order any existing use or
occupancy failing to meet the requirements of this subpart to suspend or
cease under Sec. 3715.7-1. BLM will also order you to reclaim the land
under 43 CFR part 3800, subpart 3802 or 3809 to BLM's satisfaction
within a specified, reasonable time, unless otherwise expressly
authorized.
(b) If you are occupying the public lands under the mining laws on
August 15, 1996, you may continue your occupancy for one year after that
date, without being subject to the procedures this subpart imposes, if:
(1) You notify BLM by October 15, 1996 of the existence of the
occupancy using a format specified by BLM; and

[[Page 688]]

(2) BLM has no pending trespass action against you concerning your
occupancy.
(c) The one-year grace period provided in paragraph (b) of this
section will not apply if at any time BLM determines that your use or
occupancy is not reasonably incident and the continued presence of the
use or occupancy is a threat to health, safety or the environment. In
this situation, BLM will order an immediate temporary suspension of
activities under Sec. 3715.7-1(a).
(d) If you have no existing occupancies, but are engaged in uses of
the public lands under the mining law, you are subject to the standards
in Sec. 3715.5. BLM will determine if your existing uses comply with
those standards during normal inspection visits to the area and during
BLM review of notices and plans of operations filed under 43 CFR part
3800.

Sec. 3715.4-1 What happens after I give BLM written notification of my
existing occupancy?

(a) BLM will visit your site during the normal course of inspection
to obtain the information described in Sec. 3715.3-2. After the visit,
BLM will make a determination of concurrence or non-concurrence.
(b) You must provide the information described in Sec. 3715.3-2 to
BLM. You may provide it either in writing or verbally during a site
visit by BLM field staff.

Sec. 3715.4-2 What if I do not notify BLM of my existing occupancy?

If you do not provide the written notice required in Sec. 3715.4,
you will be subject to the enforcement actions of Sec. 3715.7-1, the
civil remedies of Sec. 3715.7-2, and the criminal penalties of
Sec. 3715.8.

Sec. 3715.4-3 What if BLM does not concur in my existing use or
occupancy?

If BLM determines that all or any part of your existing use or
occupancy is not reasonably incident:
(a) BLM may order a suspension or cessation of all or part of the
use or occupancy under Sec. 3715.7-1;
(b) BLM may order the land to be reclaimed to its satisfaction and
specify a reasonable time for completion of reclamation under 43 CFR
part 3800; and
(c) BLM may order you to apply within 30 days after the date of
notice from BLM for appropriate authorization under the regulations in
43 CFR Group 2900.

Sec. 3715.4-4 What if there is a dispute over the fee simple title to
the lands on which my existing occupancy is located?

BLM may defer a determination of concurrence or non-concurrence with
your occupancy until the underlying fee simple title to the land has
been finally determined by the Department of the Interior. During this
time, your existing occupancy may continue, subject to Sec. 3715.5(a).

Sec. 3715.5 What standards apply to my use or occupancy?

(a) Your use or occupancy must be reasonably incident. In all uses
and occupancies, you must prevent or avoid ``unnecessary or undue
degradation'' of the public lands and resources.
(b) Your uses must conform to all applicable federal and state
environmental standards and you must have obtained all required permits
before beginning, as required under 43 CFR part 3800. This means getting
permits and authorizations and meeting standards required by state and
federal law, including, but not limited to, the Clean Water Act (33
U.S.C. 1251 et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), and the
Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), as
required under 43 CFR part 3800.
(c) Your occupancies must conform to all applicable federal and
state environmental standards and you must have obtained all required
permits before beginning, as required under this subpart and 43 CFR part
3800. This means getting permits and authorizations and meeting
standards required by state and federal law, including, but not limited
to, the Clean Water Act (33 U.S.C. 1251 et seq.), Clean Air Act (42
U.S.C. 7401 et seq.), and the Resource Conservation and Recovery Act (42
U.S.C. 6901 et seq.), as required under this subpart and 43 CFR part
3800.

[[Page 689]]

(d) If your prospecting or exploration activities involve only
surface activities, you must not place permanent structures on the
public lands. Any temporary structures you place on the public lands
during prospecting or exploration will be allowed only for the duration
of the activities, unless BLM expressly and in writing allows them to
remain longer. If your prospecting or exploration activities involve
subsurface activities, you may place permanent structures on the public
lands, if BLM concurs.
(e) All permanent and temporary structures you place on the public
lands must conform with the applicable state or local building, fire,
and electrical codes, and occupational safety and health and mine safety
standards. If state or local codes require, you must obtain a
certificate of occupancy or its equivalent before you begin use or
occupancy involving permanent structures. If state or local law
requires, you must also acquire appropriate sewerage and sanitation
permits before the occupancy or use of a permanent structure placed on
the public lands.

Sec. 3715.5-1 What standards apply to ending my use or occupancy?

Unless BLM expressly allows them in writing to remain on the public
lands, you must remove all permanent structures, temporary structures,
material, equipment, or other personal property placed on the public
lands during authorized use or occupancy under this subpart. You have 90
days after your operations end to remove these items. If BLM concurs in
writing, this provision will not apply to seasonal operations that are
temporarily suspended for less than one year and expected to continue
during the next operating season or to operations that are suspended for
no longer than one year due to market or labor conditions.

Sec. 3715.5-2 What happens to property I leave behind?

Any property you leave on the public lands beyond the 90-day period
described in Sec. 3715.5-1 becomes property of the United States and is
subject to removal and disposition at BLM's discretion consistent with
applicable laws and regulations. You are liable for the costs BLM incurs
in removing and disposing of the property.

Sec. 3715.6 What things does BLM prohibit under this subpart?

Except where other applicable laws or regulations allow, BLM
prohibits the following:
(a) Placing, constructing, maintaining or using residences or
structures for occupancy not meeting:
(1) The conditions of occupancy under Secs. 3715.2 or 3715.2-1; or
(2) Any of the standards of occupancy under Sec. 3715.5;
(b) Beginning occupancy before the filing, review, and approval or
modification of a plan of operation as required under 43 CFR part 3800,
subparts 3802 or 3809;
(c) Beginning occupancy before consultation with BLM as required by
Sec. 3715.3 for activities that do not require a plan of operations
under 43 CFR part 3800, subpart 3802 or that are defined as casual use
or notice activities under 43 CFR part 3800, subpart 3809;
(d) Beginning occupancy without receiving a determination of
concurrence because the proposed occupancy or fencing will not conform
to the provisions of Sec. 3715.2, Sec. 3715.2-1 or Sec. 3715.5;
(e) Not complying with any order issued under this subpart within
the time frames the order provides;
(f) Preventing or obstructing free passage or transit over or
through the public lands by force, threats, or intimidation; provided,
however, that reasonable security and safety measures in accordance with
this subpart are allowed;
(g) Placing, constructing, or maintaining enclosures, gates, or
fences, or signs intended to exclude the general public, without BLM's
concurrence;
(h) Causing a fire or safety hazard or creating a public nuisance;
(i) Not complying with the notification and other requirements under
Sec. 3715.4 relating to an existing occupancy; and
(j) Conducting activities on the public lands that are not
reasonably incident, including, but not limited to: non-mining related
habitation, cultivation, animal maintenance or pasturage, and
development of small trade or

[[Page 690]]

manufacturing concerns; storage, treatment, processing, or disposal of
non-mineral, hazardous or toxic materials or waste that are generated
elsewhere and brought onto the public lands; recycling or reprocessing
of manufactured material such as scrap electronic parts, appliances,
photographic film, and chemicals; searching for buried treasure,
treasure trove or archaeological specimens; operating hobby and curio
shops; cafes; tourist stands; and hunting and fishing camps.

Sec. 3715.7 How will BLM inspect my use or occupancy and enforce this
subpart?

(a) BLM field staff is authorized to physically inspect all
structures, equipment, workings, and uses located on the public lands.
The inspection may include verification of the nature of your use and
occupancy to ensure that your use or occupancy is, or continues to be,
reasonably incident and in compliance with Secs. 3715.2, 3715.2-1,
3715.4-1 and 3715.5.
(b) BLM will not inspect the inside of structures used solely for
residential purposes, unless an occupant or a court of competent
jurisdiction gives permission.

Sec. 3715.7-1 What types of enforcement action can BLM take if I do not
meet the requirements of this subpart?

BLM has four types of orders that it can issue depending on the
circumstances:
(a) Immediate suspension. (1) BLM may order an immediate, temporary
suspension of all or any part of your use or occupancy if:
(i) All or part of your use or occupancy is not reasonably incident
or is not in compliance with Secs. 3715.2, 3715.2-1, 3715.3-1(b), 3715.5
or 3715.5-1, and
(ii) an immediate, temporary suspension is necessary to protect
health, safety or the environment.
(2) BLM will presume that health, safety or the environment are at
risk and will order your use or occupancy to be immediately and
temporarily suspended if:
(i) You are conducting an occupancy under a determination of
concurrence under this section; and
(ii) You fail at any time to meet any of the standards in
Sec. 3715.3-1(b) or Sec. 3715.5(b), (c), or (e).
(3) The suspension order will describe--
(i) How you are failing or have failed to comply with the
requirements of this subpart; and
(ii) The actions, in addition to suspension of the use or occupancy,
that you must take to correct the noncompliance and the time by which
you must suspend the use or occupancy. It will also describe the time,
not to exceed 30 days, within which you must complete corrective action.
(4) The suspension order will not be stayed by an appeal.
(b) Cessation order. (1) BLM may order a temporary or permanent
cessation of all or any part of your use or occupancy if:
(i) All or any part of your use or occupancy is not reasonably
incident but does not endanger health, safety or the environment, to the
extent it is not reasonably incident;
(ii) You fail to timely comply with a notice of noncompliance issued
under paragraph (c) of this section;
(iii) You fail to timely comply with an order issued under paragraph
(d) of this section; or
(iv) You fail to take corrective action during a temporary
suspension ordered under paragraph (a) of this section.
(2) The cessation order will describe--
(i) The ways in which your use or occupancy is not reasonably
incident; is in violation of a notice of noncompliance issued under
paragraph (c) of this section; or is in violation of an order issued
under paragraphs (a) or (d) of this section, as appropriate;
(ii) The actions, in addition to cessation of the use or occupancy,
that you must take to correct the noncompliance;
(iii) The time by which you must cease the use or occupancy, not to
exceed 30 days from the date the Interior Board of Land Appeals affirms
BLM's order; and
(iv) The length of the cessation.
(c) Notice of noncompliance. (1) If your use or occupancy is not in
compliance with any requirements of this subpart, and BLM has not
invoked paragraph (a)

[[Page 691]]

of this section, BLM will issue an order that describes--
(i) How you are failing or have failed to comply with the
requirements of this subpart;
(ii) The actions that you must take to correct the noncompliance and
the time, not to exceed 30 days, within which you must start corrective
action; and
(iii) The time within which you must complete corrective action.
(2) If you do not start and complete corrective action within the
time allowed, BLM may order an immediate suspension under paragraph (a)
of this section, if necessary, or cessation of the use or occupancy
under paragraph (b) of this section.
(d) Other. If you are conducting an activity that is not reasonably
incident but may be authorized under 43 CFR Group 2900 or 8300, or, as
to sites in Alaska, 43 CFR part 2560, BLM may order you to apply within
30 days from the date you receive the order for authorization under the
listed regulations.

[61 FR 37125, July 16, 1996, as amended at 62 FR 59822, Nov. 5, 1997]

Sec. 3715.7-2 What happens if I do not comply with a BLM order?

If you do not comply with a BLM order issued under Sec. 3715.7-1,
the Department of the Interior may request the United States Attorney to
institute a civil action in United States District Court for an
injunction or order to prevent you from using or occupying the public
lands in violation of the regulations of this subpart. This relief may
be in addition to the enforcement actions described in Sec. 3715.7-1 and
the penalties described in Sec. 3715.8.

Sec. 3715.8 What penalties are available to BLM for violations of this
subpart?

The penalties for individuals and organizations are as follows:
(a) Individuals. If you knowingly and willfully violate the
requirements of this subpart, you may be subject to arrest and trial
under section 303(a) of FLPMA (43 U.S.C. 1733(a)) and/or section 4 of
the Unlawful Occupancy and Inclosures of Public Lands Act (43 U.S.C.
1064). If you are convicted, you will be subject to a fine of not more
than $100,000 or the alternative fine provided for in the applicable
provisions of 18 U.S.C. 3571, or imprisonment not to exceed 12 months,
or both, for each offense.
(b) Organizations. If an organization or corporation knowingly or
willfully violates the requirements of this subpart, it is subject to
trial and, if convicted, will be subject to a fine of not more than
$200,000, or the alternative fine provided for in the applicable
provisions of 18 U.S.C. 3571.

Sec. 3715.8-1 What happens if I make false statements to BLM?

You are subject to arrest and trial before a United States District
Court if, in any matter under this subpart, you knowingly and willfully
falsify, conceal or cover up by any trick, scheme or device a material
fact, or make any false, fictitious or fraudulent statements or
representations, or make or use any false writings or document knowing
the same to contain any false, fictitious or fraudulent statement or
entry. If you are convicted, you will be fined not more than $250,000 or
the alternative fine provided for in the applicable provisions of 18
U.S.C. 3571, or imprisoned not more than 5 years, or both.

Sec. 3715.9 What appeal rights do I have?

If you are adversely affected by a BLM decision, order or
determination made under this subpart, you may appeal the decision,
order or determination to the Interior Board of Land Appeals (IBLA)
under the provisions of 43 CFR part 4.

Sec. 3715.9-1 Does an appeal to IBLA suspend a BLM decision?

(a) An appeal to IBLA does not suspend an order requiring an
immediate, temporary suspension of occupancy issued under Sec. 3715.7-
1(a) before the appeal or while it is pending. In this case, the
provisions of 43 CFR 4.21(a) do not apply.
(b) The provisions of 43 CFR 4.21(a) apply to all other BLM
decisions, orders or determinations under this subpart.

PART 3720 [RESERVED]

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