[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: 43CFR2812.3-7]

[Page 266-267]
 
                    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. 2812.3-7  Permittee's agreement with United States respecting 
compensation and adjustment of road use.

    (a) Where the United States receives rights over any road, right-of-
way, or lands, controlled directly or indirectly by a permittee, the 
authorized officer will seek to arrive at an advance agreement with the 
permittee respecting any or all of such matters as the time, route, and 
specifications for the development of the road system in the area; the 
total volume of timber to be moved over such road system, and the 
proportion of such timber which belongs to the United States or is 
embraced in a cooperative agreement for coordinated management with 
timber of the United States managed by the Bureau; the consequent 
proportion of the capital costs of the road system to be borne by such 
timber of the United States or embraced in such cooperative agreement; 
the period of time over, or rate at which, the United States or its 
licensees shall be required to amortise such capital cost; provisions 
for road maintenance; the use in addition to the uses set forth in Sec. 
2812.3-5 which the United States and its licensees may make of the road 
system involved, a formula for determining the proportionate capacity of 
the road system or portions thereof which shall be available to the 
United States and its licensees for the transportation of forest 
products; the amount and type of insurance to be carried, and the type 
of security to be furnished by licensees of the United States who use 
such road; and such other similar matters as the authorized officer may 
deem appropriate. To the extent necessary to fulfill the obligations of 
the United States under any such advance agreement, subsequent contracts 
for the sale of timber managed by the Bureau and tapped by such road 
system, and subsequent cooperative agreements for the coordinated 
management of such timber with other timber, will contain such 
provisions as may be necessary or appropriate to require such licensees 
to comply with the terms of the advance agreement. Where such an advance 
agreement between the United States and the permittee includes 
provisions relating to the route and specifications

[[Page 267]]

for extensions of the road system involved, the authorized officer may 
agree that upon the filing of proper applications in the future the 
applicant or his successor in interest shall receive the necessary 
permits for such road extensions as may cross lands managed by the 
Bureau: Provided, however, That the applicant shall have substantially 
complied with the terms of such advance agreement and of the outstanding 
permits theretofore issued to him.
    (b) The provisions of Sec. 2812.4 shall not be applicable to any 
matters embraced in an agreement made pursuant to this section.