43 C.F.R. Subpart 2888—Trespass
Title 43 - Public Lands: Interior
(a) Trespass is using, occupying, or developing the public lands or their resources without a required authorization or in a way that is beyond the scope and terms and conditions of your authorization. Trespass is a prohibited act. (b) Trespass includes acts or omissions causing unnecessary or undue degradation to the public lands or their resources. In determining whether such degradation is occurring, BLM may consider the effects of the activity on resources and land uses outside the area of the activity. (c) BLM will administer trespass actions for grants and TUPs as set forth in §§2808.10(c), and 2808.11 of this chapter, except that the rental exemption provisions of part 2800 do not apply to grants issued under this part. (d) Other Federal agencies will address trespass on non-BLM lands under their respective laws and regulations. Until you satisfy your liability for a trespass, BLM will not process any applications you have pending for any activity on BLM-administered lands. A history of trespass will not necessarily disqualify you from receiving a grant. In order to correct a trespass, you must apply under the procedures described at subpart 2884 of this part. BLM will process your application as if it were a new use. Prior unauthorized use does not create a preference for receiving a grant.
Title 43: Public Lands: Interior
PART 2880—RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT
Subpart 2888—Trespass
§ 2888.10 What is trespass?
§ 2888.11 May I receive a grant if I am or have been in trespass?
