Knowing and Willful [Public Land Leases] Law and Legal Definition
According to 43 CFR 2920.0-5 [Title 43. Public Lands: Interior; Subtitle B. Regulations Relating To Public Lands; Chapter II. Bureau Of Land Management, Department Of The Interior; Subchapter B. Land Resource Management (2000); Part 2920. Leases, Permits And Easements; Subpart 2920. Leases, Permits And Easements: General Provisions; Group 2900. Use; Leases And Permits], ‘knowing and willful’ means that a violation is knowingly and willfully committed if it constitutes the voluntary or conscious performance of an act which is prohibited or the voluntary or conscious failure to perform an act or duty that is required. The terms does not include performances or failures to perform which are honest mistakes or which are merely inadvertent. The term includes, but does not require, performances or failures to perform which result from a criminal or evil intent or from a specific intent to violate the law. The knowing or willful nature of conduct may be established by plain indifference to or reckless disregard of the requirements of law, regulations, orders, or terms of a lease. A consistent pattern of performance or failure to perform also may be sufficient to establish the knowing or willful nature of the conduct, where such consistent pattern is neither the result of honest mistake or mere inadvertency. Conduct which is otherwise regarded as being knowing or willful is rendered neither accidental nor mitigated in character by the belief that the conduct is reasonable or legal.
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