[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: 43CFR2812.1-2]

[Page 263-264]
 
                    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. 2812.1-2  Contents.

    (a) An individual applicant and each member of any unincorporated 
association which is an applicant must state in the application whether 
he is a native born or a naturalized citizen of the United States. 
Naturalized citizens will be required to furnish evidence of 
naturalization pursuant to the provisions of Sec. 2802.1-4.
    (b) An application by a private corporation must be accompanied by 
two copies of its articles of incorporation, one of which must be 
certified by the proper official of the company under its corporate 
seal, or by the secretary of the State where organized. A corporation 
organized in a State other than Oregon must submit a certificate issued 
by the State of Oregon attesting that the corporation is authorized to 
transact business within that State. The requirements of this paragraph 
shall be deemed satisfied if the corporation, having once filed the 
required documents, makes specific reference to the date and case number 
of such previous applications, states what changes, if any, have been 
made since the prior filings, and includes a statement that the right of 
the company to do business in the State of Oregon has not lapsed or 
terminated.
    (c) Where the application is for a right-of-way on any portion of 
which the applicant proposes to construct a road, it must be accompanied 
by two copies of a map prepared on a scale of 4 inches or 8 inches to 
the mile. Showing the survey of the right-of-way so that it may be 
accurately located on the ground. The map should comply with the 
following requirements, except as the authorized officer may waive in 
any particular instance all or any of such requirements:

    Courses and distances of the center line of the right-of-way should 
be given; the courses referred to the true meridian and the distance in 
feet and decimals thereof. The initial and terminal points of the survey 
must be accurately connected by course and distance to the nearest 
readily identifiable corner of the public land surveys, or, if there be 
no such corner within two miles, then connected to two permanent and 
prominent monuments or natural objects. All subdivisions of the public 
lands surveys, any part of which is within the limits of the survey, 
should be shown in their entirety, based upon the official subsisting 
plat with subdivisions, section, township, and range clearly marked. The 
width of the right-of-way should be given; and if not of uniform width, 
the locations and amount of change must be definitely shown. There shall 
also be a statement on the face of or appended to the map indicating the 
grade and usable width of the road to be constructed, the type of 
material which will be used for the surface, the type and extent of the 
drainage facilities, and the type of construction and estimated capacity 
of any bridges. The map should bear upon its face the statement of the 
person who made the survey, if any, and the certificate of the 
applicant; such statement and certificate should be as set out in Forms 
as approved by the Director.

    (d) Where the application is for the use of an existing road, a map 
adequate to show the location thereof will be required, together with a 
statement of the specific nature and location of any proposed 
improvements to such road. A blank map suitable for most cases may be 
procured from the appropriate district forester.
    (e) Every application for a right-of-way must also be accompanied by 
a diagram indicating the roads and rights-of-way which form an integral 
part of the road system with which the requested right-of-way will 
connect,

[[Page 264]]

the portions of such road system which the applicant directly controls 
within the meaning of Sec. 2812.0-5(i), the portions thereof which the 
applicant indirectly controls within the meaning of Sec. 2812.0-5(j), 
and the portions thereof as to which the applicant has no control within 
the meaning of such sections. As to the portions over which the 
applicant has no control, he must furnish a statement showing for the 
two years preceding the date of the filing of the application, all 
periods of time that he had direct or indirect control thereof, and the 
date and nature of any changes in such control. The diagram shall also 
contain the name of the person whom the applicant believes directly 
controls any portion of such road system which the applicant does not 
directly control. Where a right-of-way for a railroad is involved, the 
applicant must indicate which portions of the right-of-way will be 
available for use as truck roads upon the removal of the rails and ties 
and the probable date of such removal. Blank diagram forms, suitable for 
most cases, may be obtained from the appropriate district forester.