[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: 43CFR2812.1-2]



[Page 267-268]

 

                    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.  2812.1-2  Contents.



    (a) An individual applicant and each member of any unincorporated 

association which is an applicant must state in the application whether 

he is a native born or a naturalized citizen of the United States. 

Naturalized citizens will be required to furnish evidence of 

naturalization pursuant to the provisions of Sec.  2802.1-4.

    (b) An application by a private corporation must be accompanied by 

two copies of its articles of incorporation, one of which must be 

certified by the proper official of the company under its corporate 

seal, or by the secretary of the State where organized. A corporation 

organized in a State other than Oregon must submit a certificate issued 

by the State of Oregon attesting that the corporation is authorized to 

transact business within that State. The requirements of this paragraph 

shall be deemed satisfied if the corporation, having once filed the 

required documents, makes specific reference to the date and case number 

of such previous applications, states what changes, if any, have been 

made since the prior filings, and includes a statement that the right of 

the company to do business in the State of Oregon has not lapsed or 

terminated.

    (c) Where the application is for a right-of-way on any portion of 

which the applicant proposes to construct a road, it must be accompanied 

by two copies of a map prepared on a scale of 4 inches or 8 inches to 

the mile. Showing the survey of the right-of-way so that it may be 

accurately located on the ground. The map should comply with the 

following requirements, except as the authorized officer may waive in 

any particular instance all or any of such requirements:



    Courses and distances of the center line of the right-of-way should 

be given; the courses referred to the true meridian and the distance in 

feet and decimals thereof. The initial and terminal points of the survey 

must be accurately connected by course and distance to the nearest 

readily identifiable corner of the public land surveys, or, if there be 

no such corner within two miles, then connected to two permanent and 

prominent monuments or natural objects. All subdivisions of the public 

lands surveys, any part of which is within the limits of the survey, 

should be shown in their entirety, based upon the official subsisting 

plat with subdivisions, section, township, and range clearly marked. The 

width of the right-of-way should be given; and if not of uniform width, 

the locations and amount of change must be definitely shown. There shall 

also be a statement on the face of or appended to the map indicating the 

grade and usable width of the road to be constructed, the type of 

material which will be used for the surface, the type and extent of the 

drainage facilities, and the type of construction and estimated capacity 

of any bridges. The map should bear upon its face the statement of the 

person who made the survey, if any, and the certificate of the 

applicant; such statement and certificate should be as set out in Forms 

as approved by the Director.



    (d) Where the application is for the use of an existing road, a map 

adequate to show the location thereof will be required, together with a 

statement of the specific nature and location of any proposed 

improvements to such road. A blank map suitable for most cases may be 

procured from the appropriate district forester.

    (e) Every application for a right-of-way must also be accompanied by 

a diagram indicating the roads and rights-of-way which form an integral 

part of the road system with which the requested right-of-way will 

connect,



[[Page 268]]



the portions of such road system which the applicant directly controls 

within the meaning of Sec.  2812.0-5(i), the portions thereof which the 

applicant indirectly controls within the meaning of Sec.  2812.0-5(j), 

and the portions thereof as to which the applicant has no control within 

the meaning of such sections. As to the portions over which the 

applicant has no control, he must furnish a statement showing for the 

two years preceding the date of the filing of the application, all 

periods of time that he had direct or indirect control thereof, and the 

date and nature of any changes in such control. The diagram shall also 

contain the name of the person whom the applicant believes directly 

controls any portion of such road system which the applicant does not 

directly control. Where a right-of-way for a railroad is involved, the 

applicant must indicate which portions of the right-of-way will be 

available for use as truck roads upon the removal of the rails and ties 

and the probable date of such removal. Blank diagram forms, suitable for 

most cases, may be obtained from the appropriate district forester.