[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: 43CFR2812.4-2]



[Page 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.  2812.4-2  Compensation payable by United States to permittee for use of road.



    In the event the United States itself removes forest products over 

any road or right-of-way of the permittee or his successor in interest, 

the United States, if there has been no agreement under Sec.  2812.3-7 

covering the matter, shall pay to the permittee or his successor in 

interest reasonable compensation as determined by the State Director, 

who shall base his determination upon the same standards established by 

this paragraph for arbitrators in the determination of the compensation 

to be paid by a licensee to a permittee: Provided, however, That no bond 

or other security or liability insurance is to be required of the United 

States. When the United States constructs or improves a road on a 

permittee's land or right-of-way it shall pay to the permittee the full 

value at current stumpage prices of all timber of the permittee cut, 

removed, or destroyed in the construction or maintenance of such road or 

road improvements. Current stumpage prices shall be determined by the 

application of the standard appraisal formula, used in appraising O. and 

C. timber for sale, to the volume and grade of timber. Such volume and 

grade shall be determined by a cruise made by the permittee or, at his 

request, by the authorized officer. If either the permittee or the 

authorized officer does not accept the cruise made by the other, the 

volume and grade shall be determined by a person or persons acceptable 

both to the permittee and the State Director.