---
kind: "section"
citation: "43 C.F.R. § 3809.601"
title: "43"
number: "3809.601"
heading: "What types of enforcement action may BLM take if I do not meet the requirements of this subpart?"
url: "https://uscodex.org/cfr/43/3809.601"
---

# §3809.601. What types of enforcement action may BLM take if I do not meet the requirements of this subpart?


BLM may issue various types of enforcement orders, including the following:

- (a) **Noncompliance order.** If your operations do not comply with any provision of your notice, plan of operations, or requirement of this subpart, BLM may issue you a noncompliance order; and
- (b) **Suspension orders.**
  - (1) BLM may order a suspension of all or any part of your operations after—
    - (i) You fail to timely comply with a noncompliance order for a significant violation issued under [paragraph (a)](#a) of this section. A significant violation is one that causes or may result in environmental or other harm or danger or that substantially deviates from the complete notice or approved plan of operations;
    - (ii) BLM notifies you of its intent to issue a suspension order; and
    - (iii) BLM provides you an opportunity for an informal hearing before the BLM State Director to object to a suspension.
  - (2) BLM may order an immediate, temporary suspension of all or any part of your operations without issuing a noncompliance order, notifying you in advance, or providing you an opportunity for an informal hearing if—
    - (i) You do not comply with any provision of your notice, plan of operations, or this subpart; and
    - (ii) An immediate, temporary suspension is necessary to protect health, safety, or the environment from imminent danger or harm. BLM may presume that an immediate suspension is necessary if you conduct plan-level operations without an approved plan of operations or conduct notice-level operations without submitting a complete notice.
  - (3) BLM will terminate a suspension order under paragraph [(b)(1)](#b-1) or [(b)(2)](#b-2) of this section when BLM determines you have corrected the violation.
- (c) **Contents of enforcement orders.** Enforcement orders will specify—
  - (1) How you are failing or have failed to comply with the requirements of this subpart;
  - (2) The portions of your operations, if any, that you must cease or suspend;
  - (3) The actions you must take to correct the noncompliance and the time, not to exceed 30 calendar days, within which you must start corrective action; and
  - (4) The time within which you must complete corrective action.

## Notes

### Authority

Authority: 16 U.S.C. 1280; 30 U.S.C. 22; 30 U.S.C. 612; 43 U.S.C. 1201; and 43 U.S.C. 1732, 1733, 1740, 1781, and 1782.

### Source

Source: 65 FR 70112, Nov. 21, 2000, unless otherwise noted.

### Authority

Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 22-42, 181 et seq., 301-306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. No. 97-35, 95 Stat. 357.

### Source

Source: 45 FR 13974, Mar. 3, 1980, unless otherwise noted.