What records must I maintain and how long must I keep them? (43 CFR 3602.28)

§ 3602.24

43 CFR Ch. II (10–1–07 Edition)

(c) BLM may credit to future production on the same contract, but not refund, payments that you make in lieu
of production under § 3602.21(a)(3). However, if, upon expiration of the contract, the total value of payments you
have made exceeds the total value of
mineral materials included in your
contract, BLM will refund the difference in accordance with paragraphs
(a) and (b) of this section.
§ 3602.24 When may I assign my materials sales contract?
(a) You may not assign the contract
or any interest therein unless BLM approves the transfer in writing.
(b) BLM will not approve your proposed assignment of contract, unless—
(1) Your assignee—
(i) Furnishes a financial guarantee as
required by § 3602.14; or
(ii) Obtains a written commitment
from the previous surety that it will be
bound by the assignment when BLM
approves it; and
(2) The assignment contains all the
terms and conditions in your contract.
§ 3602.25 What rights and responsibilities does my assignee assume?
When BLM approves your assignment, your assignee is entitled to all
the rights and is subject to all the obligations under the contract.

rfrederick on PROD1PC67 with CFR

§ 3602.26 If I assign my contract, when
do my obligations under the contract end?
When BLM approves your assignment, you are released from any further liability under the contract for actions the assignee may take after the
effective date of the assignment. You
continue to be responsible for obligations that accrued before the approval
date, whether or not you knew of them
at the time of the transfer.
§ 3602.27 When will BLM extend the
term of a contract?
BLM may grant a one-time extension
of the contract not to exceed 1 year, if:
(a) (1) For contracts with terms over
90 days, BLM receives your written request between 30 and 90 days before the
contract expires; or
(2) For contracts with terms of 90
days or less, BLM receives your writ-

ten request not later than 15 days before the contract expires; and
(b) You show in writing that the
delay in removing the mineral materials was due to causes beyond your
control and was not due to your fault
or negligence.
§ 3602.28 What records must I maintain and how long must I keep
them?
(a) BLM may require you to maintain
and preserve for 6 years records, maps,
and surveys relating to production
verification and valuation. These include, but are not limited to, detailed
records of quantity, types, and value of
commodities you moved, processed,
sold, delivered, or used.
(b) You must make such records
available to BLM to allow us to determine whether you have complied with
statutes, regulations, and the terms of
the contract.
§ 3602.29 How will BLM verify my production?
(a) You must submit at least one report per contract year of the amount of
mineral materials you have mined or
removed under your sales contract so
BLM can verify that you have made
the required payments. BLM will specify the timing of the reports in your
contract or permit.
(b) BLM may require more frequent
reporting if we find it necessary.
(c) BLM may require you to conduct
pre-operation, annual, and post-operation volumetric surveys of the mine
site.
NONCOMPETITIVE SALES
§ 3602.30 Noncompetitive sales.
In addition to the following sections,
§§ 3602.31 through 3602.35, the provisions
of §§ 3602.11 through 3602.29 also apply
to noncompetitive sales.
§ 3602.31 What volume limitations and
fees generally apply to noncompetitive mineral materials sales?
(a) BLM may sell, at not less than
fair market value, and without advertising or calling for bids, mineral materials not greater than 200,000 cubic
yards (or weight equivalent) in any individual sale, when BLM determines it
to be:

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