[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: 43CFR2812.6-2]



[Page 275-276]

 

                    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.  2812.6-2  Terms and conditions of permit.



    (a) As to all permits: Every permittee shall agree:

    (1) To comply with the applicable regulations in effect as of the 

time when the permit is issued and, as to the permittee's roads as to 

which the United States has received rights under Sec.  Sec.  2812.3-1 to 

2812.3-5 with such additional regulations as may be issued from time to 

time relating to the use of roads for the purpose of access by properly 

licensed hunters and fishermen and by other recreationalists to lands of 

the United States in the O. and C. area which are suitable for such 

recreational purposes, where such use will not unreasonably interfere 

with the use of the road by the permittee for the transportation of 

forest products or unduly enhance the risk of fire, collision, or other 

hazards on such road and on lands in the vicinity thereof. If, 

notwithstanding the request of the authorized officer that the permittee 

allow use of a road in conformity with such additional regulations the 

permittee shall unreasonably withhold his assent, the authorized officer 

shall refer the disagreement through the proper channels to the Director 

of the Bureau for his consideration, and, if the Director concurs in the 

conclusion of the authorized officer and if the matter is still in 

dispute, he shall refer the matter to the Secretary of the Interior for 

his consideration. In the event of the Secretary's concurrence in the 

conclusions of the authorized officer, and if the permittee nevertheless 

unreasonably withholds such assent, the United States may institute such 

judicial proceedings as may be appropriate to enforce said regulations.

    (2) Not to cut, remove, or destroy any timber not previously 

purchased on the right-of-way without having first obtained specific 

authority from the authorized officer and making payment therefor.

    (3) To take adequate precaution to prevent forest, brush, and grass 

fires; to endeavor with all available personnel to suppress any fire 

originating on or threatening the right-of-way on which a road is being 

used or constructed by the permittee or any fire caused by the 

permittee; to do no burning on or near the right-of-way without State 

permit during the seasons that permits are required and in no event to 

set fire on or near the right-of-way that will result in damage to any 

natural resource or improvement.

    (4) To submit to arbitration proceedings and to be bound by the 

resulting arbitral awards, pursuant to Sec.  Sec.  2812.4-1, 2812.4-3, 

and 2812.4-4.

    (5) In the event that the United States acquires by purchase or 

eminent domain the land or any interest therein, over which there passes 

a road which the United States has acquired the right to use under 

Sec.  Sec.  2812.3-1 to 2812.3-5 of this subpart to waive compensation 

for the value of the road, equivalent to the proportion that the amount 

the United States has contributed bears to the total actual cost of 

construction of the road. Such contribution shall include any investment 

in or amortization of the cost of such road, or both, as the case may 

be, made by the United States or a licensee either by way of direct 

expenditures upon such road, or by way of payment by the United States 

or a licensee to the permittee, or by way of allowance made by the 

United States to the permittee in any timber sales contract for such 

amortization or capital investment.

    (6) To construct all roads and other improvements as described in 

the application for the permit, except as the authorized officer may 

authorize modification or abandonment of any such proposed construction.

    (7) To use the permit and right-of-way afforded subject to all valid 

existing rights, to such additional rights-of-way as may be granted 

under this paragraph to a reservation of rights-of-way for ditches and 

canals constructed under authority of the United States.

    (8) Not to discriminate against any employee or applicant for 

employment because of race, creed, color, or national origin, and to 

require an identical provision to be included in all subcontracts.



[[Page 276]]



    (9) Except as the authorized officer may otherwise permit or direct 

to clean up and remove from the road and right-of-way within six months 

after the expiration or other termination of the permit, all debris, 

refuse, and waste material which may have resulted from his operations 

and use of said road; to repair all damage to said road resulting 

directly or indirectly from his use thereof; and to remove therefrom all 

structures, timbers, and other objects that may have been installed or 

placed thereon by him in connection with said operations or use; 

Provided, however, That the road and all usable road improvements shall 

be left in place.

    (10) Upon request of an authorized officer, to submit to the Bureau 

within 30 days with permission to publish, the detailed terms and 

conditions, including the fee which the permittee will ask as a 

condition of such licensee's use for the removal of forest products over 

any road or right-of-way which the United States and its licensees have 

acquired a right to use under Sec.  Sec.  2812.1-3 to 2812.1-5.

    (11) To grant to the United States, upon request of an authorized 

officer in lieu of the rights-of-way across legal subdivisions granted 

pursuant to Sec.  Sec.  2812.1-3 to 2812.1-5, such permanent easements on 

specifically described locations as may be necessary to permit the 

Bureau to construct roads on such legal subdivisions with appropriated 

funds: Provided, That at the time of the grant of such permanent 

easements the Bureau shall release, except for necessary connecting spur 

roads, the rights-of-way across such legal subdivisions previously 

granted: Provided further, That if the United States builds a road on 

such permanent easements it shall pay for any timber of the permittee 

which is cut, removed, or destroyed in accordance with Sec.  2812.4-2. 

The authorized officer shall waive the requirement under this paragraph, 

however, if the permittee makes a satisfactory showing to the authorized 

officer that he does not own a sufficient interest in the land to grant 

a permanent easement, and that he has negotiated therefor in good faith 

without success.

    (b) As to permits for the use of an existing road: In addition, 

every permittee to whom a permit is issued for the use of an existing 

road is required to agree:

    (1) To maintain such a road in an adequate and satisfactory 

condition or to arrange therefor with the other users of the road. In 

the absence of satisfactory performance, the authorized officer may have 

such maintenance work performed as may be necessary in his judgment, 

determine the proportionate share allocable to each user, and collect 

the cost thereof from the parties or the sureties on the bonds furnished 

by said parties.

    (2) Upon the expiration or other termination of his right to its 

use, to leave said road and right-of-way in at least as good a condition 

as existed prior to the commencement of his use.