[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: 43CFR2812.3-1]

[Page 265]
 
                    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. 2812.3-1  Rights over lands controlled by applicant.

    Where, in the judgment of the authorized officer, it appears 
necessary in order to carry out the policy set forth in Sec. 2812.0-6, 
he may require the applicant, as a condition precedent to the issuance 
of the permit:
    (a) To grant to the United States, for use by it and its licensees 
and permittees, rights-of-way across lands in the O. and C. area 
directly controlled by the applicant; and as to lands in such area which 
are indirectly controlled by him, either to obtain such rights for the 
United States or to make a showing satisfactory to the authorized 
officer that he has negotiated therefor in good faith and to waive as to 
the United States, its licensees and permittees any exclusive or 
restricted right he may have to such lands as are indirectly controlled 
by him.
    (b) In addition, to agree to permit the United States and its 
licensees, upon the payment of fair compensation as hereinafter 
provided, to use under the terms and conditions of this paragraph such 
portion as the applicant directly controls of the road system and 
rights-of-way which are an integral part of or may be added to the road 
system with which the right-of-way applied for will connect, and as to 
the portions of such road system or rights-of-way as the applicant 
indirectly controls, either to obtain such rights for the United States 
and its licensees or to make a showing satisfactory to the authorized 
officer that he has negotiated therefor in good faith and, in such 
latter circumstance, to waive as to the United States and its licensees 
any exclusive or restricted right he may have in such portion of the 
road system and rights-of-way.