[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: 43CFR2812.6-2]

[Page 271-272]
 
                    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. 2812.6-2  Terms and conditions of permit.

    (a) As to all permits: Every permittee shall agree:
    (1) To comply with the applicable regulations in effect as of the 
time when the permit is issued and, as to the permittee's roads as to 
which the United States has received rights under Sec. Sec. 2812.3-1 to 
2812.3-5 with such additional regulations as may be issued from time to 
time relating to the use of roads for the purpose of access by properly 
licensed hunters and fishermen and by other recreationalists to lands of 
the United States in the O. and C. area which are suitable for such 
recreational purposes, where such use will not unreasonably interfere 
with the use of the road by the permittee for the transportation of 
forest products or unduly enhance the risk of fire, collision, or other 
hazards on such road and on lands in the vicinity thereof. If, 
notwithstanding the request of the authorized officer that the permittee 
allow use of a road in conformity with such additional regulations the 
permittee shall unreasonably withhold his assent, the authorized officer 
shall refer the disagreement through the proper channels to the Director 
of the Bureau for his consideration, and, if the Director concurs in the 
conclusion of the authorized officer and if the matter is still in 
dispute, he shall refer the matter to the Secretary of the Interior for 
his consideration. In the event of the Secretary's concurrence in the 
conclusions of the authorized officer, and if the permittee nevertheless 
unreasonably withholds such assent, the United States may institute such 
judicial proceedings as may be appropriate to enforce said regulations.
    (2) Not to cut, remove, or destroy any timber not previously 
purchased on the right-of-way without having first obtained specific 
authority from the authorized officer and making payment therefor.
    (3) To take adequate precaution to prevent forest, brush, and grass 
fires; to endeavor with all available personnel to suppress any fire 
originating on or threatening the right-of-way on which a road is being 
used or constructed by the permittee or any fire caused by the 
permittee; to do no burning on or near the right-of-way without State 
permit during the seasons that permits are required and in no event to 
set fire on or near the right-of-way that will result in damage to any 
natural resource or improvement.
    (4) To submit to arbitration proceedings and to be bound by the 
resulting arbitral awards, pursuant to Sec. Sec. 2812.4-1, 2812.4-3, 
and 2812.4-4.
    (5) In the event that the United States acquires by purchase or 
eminent domain the land or any interest therein, over which there passes 
a road which the United States has acquired the right to use under 
Sec. Sec. 2812.3-1 to 2812.3-5 of this subpart to waive compensation 
for the value of the road, equivalent to the proportion that the amount 
the United States has contributed bears to the total actual cost of 
construction of the road. Such contribution shall include any investment 
in or amortization of the cost of such road, or both, as the case may 
be, made by the United States or a licensee either by way of direct 
expenditures upon such road, or by way of payment by the United States 
or a licensee to the permittee, or by way of allowance made by the 
United States to the permittee in any timber sales contract for such 
amortization or capital investment.
    (6) To construct all roads and other improvements as described in 
the application for the permit, except as the authorized officer may 
authorize modification or abandonment of any such proposed construction.
    (7) To use the permit and right-of-way afforded subject to all valid 
existing rights, to such additional rights-of-way as may be granted 
under this paragraph to a reservation of rights-of-way for ditches and 
canals constructed under authority of the United States.
    (8) Not to discriminate against any employee or applicant for 
employment because of race, creed, color, or national origin, and to 
require an identical provision to be included in all subcontracts.

[[Page 272]]

    (9) Except as the authorized officer may otherwise permit or direct 
to clean up and remove from the road and right-of-way within six months 
after the expiration or other termination of the permit, all debris, 
refuse, and waste material which may have resulted from his operations 
and use of said road; to repair all damage to said road resulting 
directly or indirectly from his use thereof; and to remove therefrom all 
structures, timbers, and other objects that may have been installed or 
placed thereon by him in connection with said operations or use; 
Provided, however, That the road and all usable road improvements shall 
be left in place.
    (10) Upon request of an authorized officer, to submit to the Bureau 
within 30 days with permission to publish, the detailed terms and 
conditions, including the fee which the permittee will ask as a 
condition of such licensee's use for the removal of forest products over 
any road or right-of-way which the United States and its licensees have 
acquired a right to use under Sec. Sec. 2812.1-3 to 2812.1-5.
    (11) To grant to the United States, upon request of an authorized 
officer in lieu of the rights-of-way across legal subdivisions granted 
pursuant to Sec. Sec. 2812.1-3 to 2812.1-5, such permanent easements on 
specifically described locations as may be necessary to permit the 
Bureau to construct roads on such legal subdivisions with appropriated 
funds: Provided, That at the time of the grant of such permanent 
easements the Bureau shall release, except for necessary connecting spur 
roads, the rights-of-way across such legal subdivisions previously 
granted: Provided further, That if the United States builds a road on 
such permanent easements it shall pay for any timber of the permittee 
which is cut, removed, or destroyed in accordance with Sec. 2812.4-2. 
The authorized officer shall waive the requirement under this paragraph, 
however, if the permittee makes a satisfactory showing to the authorized 
officer that he does not own a sufficient interest in the land to grant 
a permanent easement, and that he has negotiated therefor in good faith 
without success.
    (b) As to permits for the use of an existing road: In addition, 
every permittee to whom a permit is issued for the use of an existing 
road is required to agree:
    (1) To maintain such a road in an adequate and satisfactory 
condition or to arrange therefor with the other users of the road. In 
the absence of satisfactory performance, the authorized officer may have 
such maintenance work performed as may be necessary in his judgment, 
determine the proportionate share allocable to each user, and collect 
the cost thereof from the parties or the sureties on the bonds furnished 
by said parties.
    (2) Upon the expiration or other termination of his right to its 
use, to leave said road and right-of-way in at least as good a condition 
as existed prior to the commencement of his use.