[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: 43CFR2812.8-1]



[Page 276-277]

 

                    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.  2812.8-1  Notice of termination.



    (a) The authorized officer in his discretion may elect upon 30 days' 

notice to terminate any permit or right-of-way issued under this 

paragraph if:

    (1) In connection with the application made therefor, the applicant 

represented any material fact knowing the same to be false or made such 

representation in reckless disregard of the truth; or

    (2) A permittee, subsequent to the issuance of a permit or right-of-

way to him, represents any material fact to



[[Page 277]]



the Bureau, in accordance with any requirement of such permit or this 

paragraph, knowing such representation to be false, or makes such 

representation in reckless disregard of the truth.

    (b) The authorized officer in his discretion may elect to terminate 

any permit or right-of-way issued under this paragraph, if the permittee 

shall fail to comply with any of the provisions of such regulations or 

make defaults in the performance or obligation of any of the conditions 

of the permit, and such failure or default shall continue for 60 days 

after service of written notice thereof by the authorized officer.

    (c) Notice of such termination shall be served personally or by 

registered mail upon the permittee, shall specify the misrepresentation, 

failure or default involved, and shall be final, subject, however, to 

the permittee's right of appeal.

    (d) Termination of the permit and of the right-of-way under this 

section shall not operate to terminate any right granted to the United 

States pursuant to this paragraph, nor shall it affect the right of the 

permittee, after the termination of his permit and right-of-way to 

receive compensation and to establish road operating rules with respect 

to roads controlled by him which the United States has the right to use 

and to permit its licensees to use; nor shall it relieve the permittee 

of his duty under this paragraph, to submit to and be bound by 

arbitration pursuant to Sec.  Sec.  2812.4-1, 2812.4-3, and 2812.4-4.