[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2812.0-5]

[Page 259-260]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2810_TRAMROADS AND LOGGING ROADS--Table of Contents
 
         Subpart 2812_Over O. and C. and Coos Bay Revested Lands
 
Sec. 2812.0-5  Definitions.

    Except as the context may otherwise indicate, as the terms are used 
in this paragraph:
    (a) Bureau means Bureau of Land Management.
    (b) Timber of the United States or federal timber means timber owned 
by the United States or managed by any agency thereof, including timber 
on allotted and tribal Indian lands in the O. and C. area.
    (c) State Director means the State Director, Bureau of Land 
Management, or his authorized representative.
    (d) Authorized Officer means an employee of the Bureau of Land 
Management to whom has been delegated the authority to take action.
    (e) O. and C. lands means the Revested Oregon and California 
Railroad and Reconveyed Coos Bay Wagon Road Grant Lands, other lands 
administered by the Bureau under the provisions of the act approved 
August 28, 1937, and the public lands administered by the Bureau of Land 
Management which are in Oregon and in and west of Range 8 E., Willamette 
Meridian, Oregon.

[[Page 260]]

    (f) Tramroads include tramways, and wagon or motor-truck roads to be 
used in connection with logging, and the manufacturing of lumber; it 
also includes railroads to be used principally for the transportation, 
in connection with such activities, of the property of the owner of such 
railroad.
    (g) Management means police protection, fire presuppression and 
suppression, inspection, cruising, reforesting, thinning, stand 
improvement, inventorying, surveying, construction and maintenance of 
improvements, disposal of land, the eradication of forest insects, pests 
and disease, and other activities of a similar nature.
    (h) Licensee of the United States is, with respect to any road or 
right-of-way, any person who is authorized to remove timber or forest 
products from lands of the United States, or to remove timber or forest 
products from other lands committed by a cooperative agreement to 
coordinated administration with the timber of the United States over 
such road or right-of-way while it is covered by an outstanding permit, 
or while a former permittee is entitled to receive compensation for such 
use under the provisions of these regulations. A licensee is not an 
agent of the United States.
    (i) Direct control of a road, right-of-way, or land, by an applicant 
for a permit hereunder means that such applicant has authority to permit 
the United States and its licensees to use such road, right-of-way of 
land in accordance with this paragraph.
    (j) Indirect control of a road, right-of-way, or land, by an 
applicant hereunder means that such road, right-of-way, or land, is not 
directly controlled by him but is subject to use by him or by:
    (1) A principal, disclosed or undisclosed, of the applicant; or
    (2) A beneficiary of any trust or estate administered or established 
by the applicant; or
    (3) Any person having or exercising the right to designate the 
immediate destination of the timber to be transported over the right-of-
way for which application is made; or
    (4) Any person who at any time has owned, or controlled the 
disposition of the timber to be transported over the right-of-way 
applied for, and during the 24 months preceding the filing of the 
application has disposed of such ownership or control to the applicant 
or his predecessor, under an agreement reserving or conferring upon the 
grantor the right to share directly or indirectly in the proceeds 
realized upon the grantee's disposal to third persons of the timber or 
products derived therefrom or the right to reacquire ownership or 
control of all or any part of the timber prior to the time when it 
undergoes its first mechanical alteration from the form of logs; or
    (5) Any person who stands in such relation to the applicant that 
there is liable to be absence of arm's length bargaining in transactions 
between them relating to such road, rights-of-way, or lands.