Applying for a mineral materials sales contract (43 CFR 3602.10)

Bureau of Land Management, Interior

§ 3602.12

(3) To submit evidence showing to
BLM’s satisfaction why we should not
cancel your contract or free use permit.
(b) If you fail to respond to the notice
under paragraph (a) of this section, or
if delivery of the notice is refused, or
not completed as described in § 1810.2 of
this chapter, BLM may cancel the contract or permit.
UNAUTHORIZED USE
§ 3601.70

Unauthorized use.

§ 3601.71 What constitutes unauthorized use?
(a) Except as provided in paragraph
(b) of this section, you must not extract, sever, or remove mineral materials from public lands under the jurisdiction of the Department of the Interior, unless BLM or another Federal
agency with jurisdiction authorizes the
removal by sale or permit. Violation of
this prohibition constitutes unauthorized use.
(b) If you own the surface estate of
lands with reserved Federal minerals,
you may use mineral materials within
the boundaries of your surface estate
without a sales contract or permit only
in the following circumstances:
(1) You use a minimal amount of
mineral materials for your own personal use;
(2) You have statutory authority to
use the mineral materials; or
(3) You have other express authority
to use the mineral materials.
§ 3601.72 What are the consequences of
unauthorized use?
Unauthorized users are liable for
damages to the United States, and are
subject to prosecution for such unlawful acts (see subpart 9239 of this chapter).
APPEALS

rfrederick on PROD1PC67 with CFR

§ 3601.80 How do I appeal a final decision by BLM?
If a BLM decision adversely affects
you, you may appeal the decision in accordance with parts 4 and 1840 of this
title.

Subpart 3602—Mineral Materials
Sales
APPLICATIONS
§ 3602.10 Applying for a mineral materials sales contract.
§ 3602.11 How do I request a sale of
mineral materials?
(a) You may submit a written request
for sale of mineral materials to the
BLM office with jurisdiction over the
site containing the materials. No particular form is required for this request.
(b) BLM also may initiate a sale
without a request under paragraph (a)
of this section.
(c) You must pay a processing fee as
provided in §§ 3602.31(b) and 3602.44(f). If
the request is for mineral materials
that are from a community pit or common use area this requirement does not
apply.
[66 FR 58901, Nov. 23, 2001, as amended at 70
FR 58878, Oct. 7, 2005; 72 FR 50888, Sept. 5,
2007]

§ 3602.12 How does the mineral materials sales process affect other users
of the same public lands?
(a) When BLM designates tracts for
competitive or noncompetitive sale of
mineral materials, and notes the designation in the public land records, it
creates a right to remove the materials
superior to any subsequent claim,
entry, or other conflicting use of the
land, including subsequent mining
claim locations.
(b) The superior right under paragraph (a) of this section is part of all
contracts and permits BLM authorizes
within 2 years after the date we designate the tract. BLM may extend this
2–year period for one additional year
for good cause. The right continues for
the entire term of the contract or permit and any renewal term. The superior right under paragraph (a) of this
section also applies to any subsequent
contracts or permits that BLM authorizes within 2 years after the previous
contract or permit expires or terminates.

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