43 CFR 2808.10 : Public Lands: Interior (§ 1.1 To Parts 10011-10099) — (Parts 1000-1599 To Parts 10011-10099) — Regulations Relating To Public Lands (Continued) (Parts 1000-1599 To Parts 10011-10099) — Bureau Of Land Management, Department Of The Interior (Parts 1000-1599 To Parts 9261-9999) — Land Resource Management (2000) (§ 2091.0-1 To § 2933.33) — Rights-Of-Way Under The Federal Land Policy Management Act (§ 2801.2 To § 2809.10) — Trespass (§ 2808.10 To § 2808.12) — What is trespass?

(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) There are two kinds of trespass, willful and non-willful.

(1) Willful trespass is voluntary or conscious trespass and includes trespass committed with criminal or malicious intent. It includes a consistent pattern of actions taken with knowledge, even if those actions are taken in the belief that the conduct is reasonable or legal.

(2) Non-willful trespass is trespass committed by mistake or inadvertence.