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Effective Date: 8/14/74

Series: Public Lands

Part 600: Public Land Policy

Chapter 4: Trespass on Public, Withdrawn or Reserved Lands

Originating Office: Bureau of Land Management

4.1 General. This Chapter prescribes responsibilities and general procedures for the reporting of trespass on public lands and on certain withdrawn or reserved lands.

4.2 Objectives. The objectives of this Chapter are to assure that all cases coming to the attention of Departmental employees of unauthorized occupation, use, or trespass on the public lands, including timber depredations, trespass involving the removal of coal or other leasable mineral deposits, and unauthorized use of railways, tramways, pipelines, ditches, canals, reservoirs, telephone or telegraph systems, power plants or billboards are promptly reported to appropriate officials of the Bureau of Land Management. This includes any unauthorized occupation or use of withdrawn or reserved lands, where authority for occupation or use could be granted through the Bureau of Land Management on proper application under the public land laws.

4.3 Responsibilities.

A. Bureaus and Offices. All bureaus and offices of the Department conducting field activities are directed to instruct their employees to report any incidents of trespass or alleged trespass observed during performance of their assigned duties or functions. Reports of incidents of trespass or alleged trespass shall be in writing, with a copy to the appropriate office of the Office of the Solicitor. The field representatives will regard all occupation or use as unauthorized, for the purpose of reporting it, unless it is expressly authorized by law or is based on authority which has been actually granted by this Department.

B. Geological Survey. Although this duty of reporting rests on all departmental employees and extends to all types of trespass cases, it is especially important that the district or deputy mining supervisors of the Geological Survey make prompt and complete reports to the appropriate regional officials of the Bureau of Land Management, of all coal or other leasable mineral deposit trespasses growing out of operations conducted by a mineral lessee, permittee, licensee, or applicant therefor. In addition, and as soon as possible after discovery of the trespass, where it grows out of operations conducted by a mineral lessee, permittee, licensee, or applicant therefor, the mining supervisor will require the trespasser to stop the trespass and will collect damages in accordance with pertinent Departmental rules and regulations.

4.4 Actions on Reported Incidents. The appropriate field officials of the Bureau of Land Management will make all necessary investigations of all reported trespass incidents and take action in accordance with applicable Departmental rules and regulations.

8/14/74 #1664

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