Unauthorized use.

§ 2920.1–2 Unauthorized use. (a) Any use, occupancy, or development of the public lands, other than casual use as defined in § 2920.0–5(k) of this title, without authorization under the procedures in § 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 (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 § 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]