[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: 43CFR2812.4-3]



[Page 272-273]

 

                    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.  2812.4-3  Agreements and arbitration between permittee and licensee respecting adjustment of road use.



    (a) When the United States exercises the right received under this 

paragraph to use or to license any person to use a road of a permittee, 

the permittee or his successor in interest shall not unreasonably 

obstruct the United States or such licensee in such use. If there has 

been no agreement under Sec.  2812.3-7 covering such matters, the 

permittee shall have the right to prescribe reasonable operating 

regulations, to apply uniformly as between the permittee and such 

licensee, covering the use of such road for such matters as speed and 

load limits, scheduling of hauls during period of use by more than one 

timber operator, coordination of peak periods of use, and such other 

matters as are reasonably related to safe operations and protection of 

the road; if the capacity of such road should be inadequate to 

accommodate the use thereof which such licensee and permittee desire to 

make concurrently, they shall endeavor to adjust their respective uses 

by agreement.

    (b) If the permittee and such licensee are unable to agree as to the 

reasonableness of such operating regulations or on the adjustment of 

their respective uses where the capacity of the road is inadequate to 

accommodate their concurrent use, then upon the written request of 

either party delivered to the other party, the matter shall be referred 

to and finally determined by arbitration in accordance with the 

procedures established by Sec.  2812.4-4.

    (c) The arbitrators may make such disposition of a dispute involving 

the reasonableness of such operating regulations as appears equitable to 

them, taking into account the capacity and the construction of the road 

and the volume of use to which it will be subjected. In the 

determination of a dispute arising out of the inadequacy of the capacity 

of a road to accommodate the concurrent use by a permittee and a 

licensee, the arbitrators may make such disposition thereof as appears 

equitable to them, taking into account, among other pertinent facts, the 

commitments of the permittee and the licensee with respect to the 

cutting and removal of the timber involved and the disposition of the 

products derived therefrom; the extent to which each of the parties may 

practicably satisfy any of the aforesaid commitments from



[[Page 273]]



other timber currently controlled by him; the past normal use of such 

road by the permittee; the extent to which federal timber has 

contributed to the amortization of the capital costs of such road; and 

the extent to which the United States or its licensees have enlarged the 

road capacity.