[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: 43CFR2812.4-4]

[Page 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. 2812.4-4  Arbitration procedure.

    (a) Within 10 days after the delivery of a written request for 
arbitration under Sec. 2812.4-1 or Sec. 2812.4-3 of this subpart each 
of the parties to the disagreement shall appoint an arbitrator and the 
two arbitrators thus appointed shall select a third arbitrator. If 
either party fails to appoint an arbitrator as provided herein, the 
other party may apply to a court of record of the State of Oregon for 
the appointment of such an arbitrator, as provided by the laws of such 
State. If within ten days of the appointment of the second of them, the 
original two arbitrators are unable to agree upon a third arbitrator who 
will accept the appointment, either party may petition such a court of 
record of the State of Oregon for the appointment of a third arbitrator. 
Should any vacancy occur by reason of the resignation, death or 
inability of one or more of the arbitrators to serve, the vacancy shall 
be filled according to the procedures applicable to the appointment of 
the arbitrator whose death, disability, or other inability to serve, 
created the vacancy.
    (b) By mutual agreement, the parties may submit to a single 
arbitration proceeding controversies arising under both Sec. Sec. 
2812.4-1 and 2812.4-3.
    (c) The arbitrators shall hear and determine the controversy and 
make, file, and serve their award in accordance with the substantive 
standards prescribed in Sec. Sec. 2812.4-1 and 2812.4-3, for the type 
of controversy involved and in accordance with the procedures 
established by the laws of the State of Oregon pertaining to arbitration 
proceedings. A copy of the award shall also be served at the same time 
upon the authorized officer or the State Director, either personally or 
by registered mail.
    (d) Costs of the arbitration proceedings shall be assessed by the 
arbitrators against either or both of the parties, as may appear 
equitable to the arbitrators, taking into account the original 
contentions of the parties, the ultimate decision of the arbitrators and 
such other matter as may appear relevant to the arbitrators.

[35 FR 9638, June 13, 1970, as amended at 41 FR 21642, May 27, 1976]