[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: 43CFR2812.3-7]



[Page 270-271]

 

                    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.  2812.3-7  Permittee's agreement with United States respecting compensation and adjustment of road use.



    (a) Where the United States receives rights over any road, right-of-

way, or lands, controlled directly or indirectly by a permittee, the 

authorized officer will seek to arrive at an advance agreement with the 

permittee respecting any or all of such matters as the time, route, and 

specifications for the development of the road system in the area; the 

total volume of timber to be moved over such road system, and the 

proportion of such timber which belongs to the United States or is 

embraced in a cooperative agreement for coordinated management with 

timber of the United States managed by the Bureau; the consequent 

proportion of the capital costs of the road system to be borne by such 

timber of the United States or embraced in such cooperative agreement; 

the period of time over, or rate at which, the United States or its 

licensees shall be required to amortise such capital cost; provisions 

for road maintenance; the use in addition to the uses set forth in Sec.  

2812.3-5 which the United States and its licensees may make of the road 

system involved, a formula for determining the proportionate capacity of 

the road system or portions thereof which shall be available to the 

United States and its licensees for the transportation of forest 

products; the amount and type of insurance to be carried, and the type 

of security to be furnished by licensees of the United States who use 

such road; and such other similar matters as the authorized officer may 

deem appropriate. To the extent necessary to fulfill the obligations of 

the United States under any such advance agreement, subsequent contracts 

for the sale of timber managed by the Bureau and tapped by such road 

system, and subsequent cooperative agreements for the coordinated 

management of such timber with other timber, will contain such 

provisions as may be necessary or appropriate to require such licensees 

to comply with the terms of the advance agreement. Where such an advance 

agreement between the United States and the permittee includes 

provisions relating to the route and specifications



[[Page 271]]



for extensions of the road system involved, the authorized officer may 

agree that upon the filing of proper applications in the future the 

applicant or his successor in interest shall receive the necessary 

permits for such road extensions as may cross lands managed by the 

Bureau: Provided, however, That the applicant shall have substantially 

complied with the terms of such advance agreement and of the outstanding 

permits theretofore issued to him.

    (b) The provisions of Sec.  2812.4 shall not be applicable to any 

matters embraced in an agreement made pursuant to this section.