[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: 43CFR2812.4-3]

[Page 268-269]
 
                    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. 2812.4-3  Agreements and arbitration between permittee and licensee 
respecting adjustment of road use.

    (a) When the United States exercises the right received under this 
paragraph to use or to license any person to use a road of a permittee, 
the permittee or his successor in interest shall not unreasonably 
obstruct the United States or such licensee in such use. If there has 
been no agreement under Sec. 2812.3-7 covering such matters, the 
permittee shall have the right to prescribe reasonable operating 
regulations, to apply uniformly as between the permittee and such 
licensee, covering the use of such road for such matters as speed and 
load limits, scheduling of hauls during period of use by more than one 
timber operator, coordination of peak periods of use, and such other 
matters as are reasonably related to safe operations and protection of 
the road; if the capacity of such road should be inadequate to 
accommodate the use thereof which such licensee and permittee desire to 
make concurrently, they shall endeavor to adjust their respective uses 
by agreement.
    (b) If the permittee and such licensee are unable to agree as to the 
reasonableness of such operating regulations or on the adjustment of 
their respective uses where the capacity of the road is inadequate to 
accommodate their concurrent use, then upon the written request of 
either party delivered to the other party, the matter shall be referred 
to and finally determined by arbitration in accordance with the 
procedures established by Sec. 2812.4-4.
    (c) The arbitrators may make such disposition of a dispute involving 
the reasonableness of such operating regulations as appears equitable to 
them, taking into account the capacity and the construction of the road 
and the volume of use to which it will be subjected. In the 
determination of a dispute arising out of the inadequacy of the capacity 
of a road to accommodate the concurrent use by a permittee and a 
licensee, the arbitrators may make such disposition thereof as appears 
equitable to them, taking into account, among other pertinent facts, the 
commitments of the permittee and the licensee with respect to the 
cutting and removal of the timber involved and the disposition of the 
products derived therefrom; the extent to which each of the parties may 
practicably satisfy any of the aforesaid commitments from

[[Page 269]]

other timber currently controlled by him; the past normal use of such 
road by the permittee; the extent to which federal timber has 
contributed to the amortization of the capital costs of such road; and 
the extent to which the United States or its licensees have enlarged the 
road capacity.