[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: 43CFR2812.8-2]

[Page 273]
 
                    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. 2812.8-2  Remedies for violations by licensee.

    (a) No licensee of the United States will be authorized to use the 
roads of a permittee except under the terms of a timber sale contract or 
a cooperative agreement with the United States which will require the 
licensee to comply with all the applicable provisions of this paragraph, 
and any agreements or awards made pursuant thereto. If a licensee fails 
to comply with the regulations, agreements, or awards, the authorized 
officer will take such action as may be appropriate under the provisions 
of the timber sale contract or cooperative agreement.
    (b) A permittee who believes that a licensee is violating the 
provisions of such a timber sale contract or cooperative agreement 
pertaining to use of the permittee's roads, rights-of-way, or lands, may 
petition the authorized officer, setting forth the grounds for his 
belief, to take such action against the licensee as may be appropriate 
under the contract or the cooperative agreement. In such event the 
permittee shall be bound by the decision of the authorized officer, 
subject, however, to a right of appeal pursuant to Sec. 2812.9 and 
subject, further, to the general provisions of law respecting review of 
administrative determinations. In the alternative, a permittee who 
believes that a licensee has violated the terms of the timber sale 
contract or cooperative agreement respecting the use of the permittee's 
roads may proceed against the licensee in any court of competent 
jurisdiction to obtain such relief as may be appropriate in the 
premises.