[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: 43CFR2812.8-2]



[Page 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.  2812.8-2  Remedies for violations by licensee.



    (a) No licensee of the United States will be authorized to use the 

roads of a permittee except under the terms of a timber sale contract or 

a cooperative agreement with the United States which will require the 

licensee to comply with all the applicable provisions of this paragraph, 

and any agreements or awards made pursuant thereto. If a licensee fails 

to comply with the regulations, agreements, or awards, the authorized 

officer will take such action as may be appropriate under the provisions 

of the timber sale contract or cooperative agreement.

    (b) A permittee who believes that a licensee is violating the 

provisions of such a timber sale contract or cooperative agreement 

pertaining to use of the permittee's roads, rights-of-way, or lands, may 

petition the authorized officer, setting forth the grounds for his 

belief, to take such action against the licensee as may be appropriate 

under the contract or the cooperative agreement. In such event the 

permittee shall be bound by the decision of the authorized officer, 

subject, however, to a right of appeal pursuant to Sec.  2812.9 and 

subject, further, to the general provisions of law respecting review of 

administrative determinations. In the alternative, a permittee who 

believes that a licensee has violated the terms of the timber sale 

contract or cooperative agreement respecting the use of the permittee's 

roads may proceed against the licensee in any court of competent 

jurisdiction to obtain such relief as may be appropriate in the 

premises.