[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: 43CFR2812.5-2]



[Page 273-274]

 

                    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.  2812.5-2  Payment to the United States for road use.



    (a) A permittee shall pay a basic fee of $5 per year per mile or 

fraction thereof for the use of any existing road or of any road 

constructed by the permittee upon the right-of-way. If the term of the 

permit is for 5 years or less, the entire basic fee must be paid in 

advance of the issuance of the permit. If the term of the permit is 

longer than 5 years, the basic fee for each 5-year period or for the 

remainder of the last period, if less than 5 years, must be paid in 

advance at 5-year intervals: Provided, however, That in those cases 

where the permittee has executed under Sec.  Sec.  2812.3-1 to 2812.3-5 

an agreement respecting the use of roads, rights-of-way or lands, no 

such basic fee shall be paid: Provided further, This paragraph shall not 

apply where payment for road use is required under Sec.  2812.3-1(b).

    (b) Where the permittee receives a right to use a road constructed 

or acquired by the United States, which road is under the administrative 

jurisdiction of the Bureau of Land Management, the permittee will be 

required to pay to the United States a fee to be determined by the 

authorized officer who may also fix the rate at which payments shall be 

made by the permittee



[[Page 274]]



during his use of the road. The authorized officer shall base his 

determination upon the amortization of the replacement costs for a road 

of the type involved, together with a reasonable interest allowance on 

such costs plus costs of maintenance if furnished by the United States 

and any extraordinary costs peculiar to the construction or acquisition 

of the particular road. In the case of federally acquired or constructed 

access roads, an allowance representing a reasonable allocation for 

recreational or other authorized uses shall be deducted from the 

replacement costs of the road before the amortization item is computed. 

A similar allowance and deduction shall be made in cases involving roads 

constructed as a part of a timber sale contract when, and if, subsequent 

to completion of such contract any such road becomes subject to 

recreational or other authorized uses. In arriving at the amortization 

item, the authorized officer shall take into account the probable period 

of time, past and present, during which such road may be in existence, 

and the volume of timber which has been moved, and the volume of timber 

currently merchantable which probably will be moved from all sources 

over such road: Provided, however, That this subdivision shall not apply 

where the permittee transports forest products purchased from the United 

States through the Bureau of Land Management, or where payment for such 

road use to another permittee is required under this subpart 2812: 

Provided further, That where the United States is entitled to charge a 

fee for the use of a road, the authorized officer may waive such fee if 

the permittee grants to the United States and its licensees the right to 

use, without charge, permittee's roads of approximately equal value as 

determined under the methods provided in this subdivision and Sec.  

2812.4-1(b), as may be applicable.

    (c) If an application is filed to use a road built on O. and C. 

lands by the applicant or his predecessor in interest under a permit 

which has expired, the authorized officer may issue a new permit which 

provides that as to such road the applicant's road use payments shall be 

determined in accordance with paragraph (b) of this section except that 

he shall be required to pay a road use fee which is adequate to amortize 

only his proportionate share of any capital improvements which have been 

or may be placed on the road by the United States or its licensees 

together with a reasonable interest allowance thereon plus cost of 

maintenance if furnished by the United States: Provided, however, That 

if the application is for use of a road which has been built by a 

predecessor in interest the permit shall provide that the applicant may 

use the road only for the purpose of reaching the lands of the 

predecessor in interest that were served by the road. As a condition for 

the granting of such a permit, the applicant must comply with Sec.  Sec.  

2812.3-1 to 2812.3-5 to the extent that rights-of-way and road use 

rights are needed to manage lands of the United States or to remove 

timber therefrom.