Title 43
SECTION 3715.1
3715.1 Do the regulations in this subpart apply to my use or occupancy
§ 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.
Table 1
| Applicability of this subpart | |
|---|---|
| If your proposed use of the public lands - | Then - |
| Includes occupancy and is “reasonably incident” as defined by this subpart | The provisions of this subpart apply to you. You must seek concurrence from BLM before beginning this use and comply with all provisions of this subpart. |
| Involves the placement, construction, or maintenance of enclosures, gates, fences, or signs | The provisions of this subpart apply to you. You must seek concurrence from BLM before beginning this use and comply with all provisions of this subpart. |
| Is reasonably incident, but does not involve occupancy | The provisions of this subpart 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 3800. |
| Is not reasonably incident (involving rights-of-way, for example), but may be allowed under the public land laws | The occupancy consultation provisions of this subpart do not apply to you. Your use is not allowed under this subpart. You must seek authorization under 43 CFR Group 2900. |
| Is not allowed under the public land laws, the mining laws, the mineral leasing laws, or other applicable laws | Your use is prohibited. You must not begin or continue unauthorized uses. |
| Involves occupancy of a site, or any subsequent site within a 25-mile radius of the initially occupied site, for 14 days or less in any 90-day period | The provisions of this subpart do not apply to you. Refer to the applicable regulations in 43 CFR part 8360 and pertinent State Director supplementary rules. 43 CFR part 8360 will not otherwise apply to a reasonably incident use or occupancy that this subpart allows. |