[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: 43CFR2812.4-2]

[Page 268]
 
                    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. 2812.4-2  Compensation payable by United States to permittee for 
use of road.

    In the event the United States itself removes forest products over 
any road or right-of-way of the permittee or his successor in interest, 
the United States, if there has been no agreement under Sec. 2812.3-7 
covering the matter, shall pay to the permittee or his successor in 
interest reasonable compensation as determined by the State Director, 
who shall base his determination upon the same standards established by 
this paragraph for arbitrators in the determination of the compensation 
to be paid by a licensee to a permittee: Provided, however, That no bond 
or other security or liability insurance is to be required of the United 
States. When the United States constructs or improves a road on a 
permittee's land or right-of-way it shall pay to the permittee the full 
value at current stumpage prices of all timber of the permittee cut, 
removed, or destroyed in the construction or maintenance of such road or 
road improvements. Current stumpage prices shall be determined by the 
application of the standard appraisal formula, used in appraising O. and 
C. timber for sale, to the volume and grade of timber. Such volume and 
grade shall be determined by a cruise made by the permittee or, at his 
request, by the authorized officer. If either the permittee or the 
authorized officer does not accept the cruise made by the other, the 
volume and grade shall be determined by a person or persons acceptable 
both to the permittee and the State Director.