[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2812.0-5]



[Page 263-264]

 

                    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.  2812.0-5  Definitions.



    Except as the context may otherwise indicate, as the terms are used 

in this paragraph:

    (a) Bureau means Bureau of Land Management.

    (b) Timber of the United States or federal timber means timber owned 

by the United States or managed by any agency thereof, including timber 

on allotted and tribal Indian lands in the O. and C. area.

    (c) State Director means the State Director, Bureau of Land 

Management, or his authorized representative.

    (d) Authorized Officer means an employee of the Bureau of Land 

Management to whom has been delegated the authority to take action.

    (e) O. and C. lands means the Revested Oregon and California 

Railroad and Reconveyed Coos Bay Wagon Road Grant Lands, other lands 

administered by the Bureau under the provisions of the act approved 

August 28, 1937, and the public lands administered by the Bureau of Land 

Management which are in Oregon and in and west of Range 8 E., Willamette 

Meridian, Oregon.



[[Page 264]]



    (f) Tramroads include tramways, and wagon or motor-truck roads to be 

used in connection with logging, and the manufacturing of lumber; it 

also includes railroads to be used principally for the transportation, 

in connection with such activities, of the property of the owner of such 

railroad.

    (g) Management means police protection, fire presuppression and 

suppression, inspection, cruising, reforesting, thinning, stand 

improvement, inventorying, surveying, construction and maintenance of 

improvements, disposal of land, the eradication of forest insects, pests 

and disease, and other activities of a similar nature.

    (h) Licensee of the United States is, with respect to any road or 

right-of-way, any person who is authorized to remove timber or forest 

products from lands of the United States, or to remove timber or forest 

products from other lands committed by a cooperative agreement to 

coordinated administration with the timber of the United States over 

such road or right-of-way while it is covered by an outstanding permit, 

or while a former permittee is entitled to receive compensation for such 

use under the provisions of these regulations. A licensee is not an 

agent of the United States.

    (i) Direct control of a road, right-of-way, or land, by an applicant 

for a permit hereunder means that such applicant has authority to permit 

the United States and its licensees to use such road, right-of-way of 

land in accordance with this paragraph.

    (j) Indirect control of a road, right-of-way, or land, by an 

applicant hereunder means that such road, right-of-way, or land, is not 

directly controlled by him but is subject to use by him or by:

    (1) A principal, disclosed or undisclosed, of the applicant; or

    (2) A beneficiary of any trust or estate administered or established 

by the applicant; or

    (3) Any person having or exercising the right to designate the 

immediate destination of the timber to be transported over the right-of-

way for which application is made; or

    (4) Any person who at any time has owned, or controlled the 

disposition of the timber to be transported over the right-of-way 

applied for, and during the 24 months preceding the filing of the 

application has disposed of such ownership or control to the applicant 

or his predecessor, under an agreement reserving or conferring upon the 

grantor the right to share directly or indirectly in the proceeds 

realized upon the grantee's disposal to third persons of the timber or 

products derived therefrom or the right to reacquire ownership or 

control of all or any part of the timber prior to the time when it 

undergoes its first mechanical alteration from the form of logs; or

    (5) Any person who stands in such relation to the applicant that 

there is liable to be absence of arm's length bargaining in transactions 

between them relating to such road, rights-of-way, or lands.