[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: 43CFR2812.4-4]



[Page 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.  2812.4-4  Arbitration procedure.



    (a) Within 10 days after the delivery of a written request for 

arbitration under Sec.  2812.4-1 or Sec.  2812.4-3 of this subpart each 

of the parties to the disagreement shall appoint an arbitrator and the 

two arbitrators thus appointed shall select a third arbitrator. If 

either party fails to appoint an arbitrator as provided herein, the 

other party may apply to a court of record of the State of Oregon for 

the appointment of such an arbitrator, as provided by the laws of such 

State. If within ten days of the appointment of the second of them, the 

original two arbitrators are unable to agree upon a third arbitrator who 

will accept the appointment, either party may petition such a court of 

record of the State of Oregon for the appointment of a third arbitrator. 

Should any vacancy occur by reason of the resignation, death or 

inability of one or more of the arbitrators to serve, the vacancy shall 

be filled according to the procedures applicable to the appointment of 

the arbitrator whose death, disability, or other inability to serve, 

created the vacancy.

    (b) By mutual agreement, the parties may submit to a single 

arbitration proceeding controversies arising under both Sec.  Sec.  

2812.4-1 and 2812.4-3.

    (c) The arbitrators shall hear and determine the controversy and 

make, file, and serve their award in accordance with the substantive 

standards prescribed in Sec.  Sec.  2812.4-1 and 2812.4-3, for the type 

of controversy involved and in accordance with the procedures 

established by the laws of the State of Oregon pertaining to arbitration 

proceedings. A copy of the award shall also be served at the same time 

upon the authorized officer or the State Director, either personally or 

by registered mail.

    (d) Costs of the arbitration proceedings shall be assessed by the 

arbitrators against either or both of the parties, as may appear 

equitable to the arbitrators, taking into account the original 

contentions of the parties, the ultimate decision of the arbitrators and 

such other matter as may appear relevant to the arbitrators.



[35 FR 9638, June 13, 1970, as amended at 41 FR 21642, May 27, 1976]