61 FR 37125, July 16, 1996, unless otherwise noted.
§ 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
§ 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).
§ 3715.0-5 How are certain terms in this
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
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
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
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
§§ 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]
§ 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 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.
§ 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.
Applicability of this subpart
If your proposed use of the public Then_
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
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
Is reasonably incident, but does not The provisions of this subpart
involve occupancy. do not apply to you, except
for §§ 3715.4,
3715.5 and 3715.7. You are
subject to the applicable
regulations in 43 CFR part
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
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
§ 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
(d) Involve observable on-the-ground activity that BLM may verify under
§ 3715.7; and
(e) Use appropriate equipment that is presently operable, subject to the need
for reasonable assembly, maintenance, repair or fabrication of replacement
§ 3715.2-1 What additional characteristic(s)
must my occupancy have?
In addition to the requirements specified in § 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
(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.
§ 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
§ 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 § 3715.1 if you need to secure the site
beyond 14 days through the use of a watchman as allowed by § 3715.2-2,
and you have begun consultation with BLM under § 3715.3. If BLM
decides not to concur in the occupancy, the temporary occupancy must stop.
§ 3715.3 Must I consult with BLM before
Before beginning occupancy, you must consult with BLM about the requirements
of this subpart. See Table 2 in this section.
If you are proposing a use that would Then.
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
3809. § 3715.3-2 describing any
proposed occupancy for BLM
review concurrently with
review of the plan of
BLM will determine whether you
have complied with the
requirements of this subpart
together with its decision
approving or modifying the
Under the notice provisions of 43 CFR You must submit the materials
part 3800, subpart 3809. required by § 3715.3-2
together with the materials
submitted under 43 CFR 3809.1-
3 for BLM review concurrently
with its review of the
Any activities in the notice
that do not involve occupancy
and are reasonably incident
may proceed in accordance with
43 CFR part 3800, subpart
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
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
§ 3715.3-2 to BLM.
§ 3715.3-1 At what point may I begin
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, or other authorizations for the particular
use or occupancy as required under this subpart.
§ 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
§ 3715.2 and § 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
§ 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 §§ 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.
§ 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.
§ 3715.3-5 What will BLM's notification
(a) BLM will include in each determination of concurrence a statement
requiring you to continue to comply with §§ 3715.2, 3715.2-1 and
(b) BLM will specify in each determination of non-concurrence how the
proposed occupancy fails to meet the conditions of § 3715.2,
§ 3715.2-1 or § 3715.5, and will provide you an
opportunity to modify the proposed occupancy or appeal the determination under
§ 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.
§ 3715.4 What if I have an existing use or
(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 § 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
(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 § 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
§ 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.
§ 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 § 3715.3-2. After the visit, BLM will
make a determination of concurrence or non-concurrence.
(b) You must provide the information described in § 3715.3-2 to
BLM. You may provide it either in writing or verbally during a site visit by BLM
§ 3715.4-2 What if I do not notify BLM of
my existing occupancy?
If you do not provide the written notice required in § 3715.4,
you will be subject to the enforcement actions of § 3715.7-1, the
civil remedies of § 3715.7-2, and the criminal penalties of
§ 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 § 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.
§ 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 § 3715.5(a).
§ 3715.5 What standards apply to my use or
(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.
(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
§ 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
§ 3715.5-2 What happens to property I leave
Any property you leave on the public lands beyond the 90-day period described
in § 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.
§ 3715.6 What things does BLM prohibit
under this subpart?
Except where other applicable laws or regulations allow, BLM prohibits the
(a) Placing, constructing, maintaining or using residences or structures for
occupancy not meeting:
(1) The conditions of occupancy under §§ 3715.2 or 3715.2-1; or
(2) Any of the standards of occupancy under § 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
§ 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
§ 3715.2, § 3715.2-1 or § 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
(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
§ 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
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.
§ 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 §§ 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
§ 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
(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 §§ 3715.2, 3715.2-1, 3715.3-1(b), 3715.5 or
(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 § 3715.3-1(b)
or § 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
(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) of this section, BLM will issue an order that describes --
(i) How you are failing or have failed to comply with the requirements of
(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]
§ 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 § 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 § 3715.7-1 and the penalties
described in § 3715.8.
§ 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.
§ 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.
§ 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.
§ 3715.9-1 Does an appeal to IBLA suspend a
(a) An appeal to IBLA does not suspend an order requiring an immediate,
temporary suspension of occupancy issued under § 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.