Mineral Materials Disposal 43 CFR 3600 (3600-3620)

Bureau of Land Management, Interior

Pt. 3600

Treasury as the ‘‘Treasury Current
Value of Funds Rate.’’
(d) This rate is available in the
Treasury Fiscal Requirements Manual
Bulletins that are published prior to
the first day of each calendar quarter
for application to overdue payments or
underpayments in that new calendar
quarter. The rate is also published in
the Notices section of the FEDERAL
REGISTER and indexed under ‘‘Fiscal
Service/Notices/Funds Rate; Treasury
Current Value.’’
(e) Late payment charges apply to all
underpayments and payments received
after the date due. These charges include rentals; production, minimum, or
advance royalties; assessments for liquidated damages; administrative fees
and payments by purchaser of royalty
taken-in-kind or any other payments,
fees, or assessments that a lessee/operator/permittee/payor/or purchaser of
royalty taken-in-kind is required to
pay by a specified date. The failure to
pay past due amounts, including late
payment charges, will result in the initiation of other enforcement proceedings.
[47 FR 22528, May 25, 1982. Redesignated at 48
FR 36588, Aug. 12, 1983. Redesignated at 51 FR
15212, Apr. 22, 1986]

Group 3600—Mineral Materials
Disposal
NOTE: The information collection requirements contained in parts 3600, 3610 and 3620
have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq.
and assigned clearance number 1004–0103. The
information is being collected to allow the
authorized officer to determine if the applicant is qualified to purchase or have free use
of mineral materials on the public lands. The
obligation to respond is required to obtain a
benefit.

PART 3600—MINERAL MATERIALS
DISPOSAL

3601.8
3601.9

Public availability of information.
Information collection.

LIMITATIONS ON DISPOSAL OF MINERAL
MATERIALS
3601.10 Limitations on BLM’s discretion to
dispose of mineral materials.
3601.11 When will environmental considerations prevent BLM from disposing of
mineral materials?
3601.12 What areas does BLM exclude from
disposal of mineral materials?
3601.13 How can I obtain mineral materials
from Federal lands that have been withdrawn to aid a function of another Federal agency or of a State or local government agency?
3601.14 When can BLM dispose of mineral
materials
from
unpatented
mining
claims?
RIGHTS OF PURCHASERS AND PERMITTEES
3601.20 Rights of parties.
3601.21 What rights does a person have
under a materials sales contract or use
permit?
3601.22 What rights remain with the United
States when BLM sells or issues a permit
for mineral materials?
PRE-APPLICATION SAMPLING AND TESTING
3601.30 Pre-application activities—how and
when may I sample and test mineral materials?
MINING AND RECLAMATION PLANS
3601.40 Mining and reclamation plans.
3601.41 What information must I include in
my mining plan?
3601.42 What information must I include in
my reclamation plan?
3601.43 What is the process for BLM to approve my mining and reclamation plans?
3601.44 How and when may my mining or
reclamation plan be modified?
CONTRACT AND PERMIT ADMINISTRATION
3601.50 Administration of sales contracts
and free use permits.
3601.51 How will BLM inspect my operation?
3601.52 After I finish my operations, when
must I remove improvements and equipment?
CONTRACT AND PERMIT CANCELLATION
3601.60 Cancellation.
3601.61 When may BLM cancel my contract
or permit?
3601.62 Cancellation procedure.

Subpart 3601—Mineral Materials Disposal;
General Provisions

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FUNDAMENTAL PROVISIONS
UNAUTHORIZED USE

Sec.
3601.1 Purpose.
3601.3 Authority.
3601.5 Definitions.
3601.6 Policy.

3601.70 Unauthorized use.
3601.71 What constitutes unauthorized use?
3601.72 What are the consequences of unauthorized use?

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43 CFR Ch. II (10–1–07 Edition)
APPEALS

3601.80 How do I appeal a final decision by
BLM?

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?
3602.12 How does the mineral materials
sales process affect other users of the
same public lands?
3602.13 How does BLM measure and establish the price of mineral materials?
3602.14 What kind of financial security does
BLM require?
3602.15 What will happen to my bond if I
transferred all of my interests or operations to another bonded party?
ADMINISTRATION OF SALES
3602.20 Administration of mineral materials
sales.
3602.21 What payment terms apply to my
mineral materials sales contract?
3602.22 When will a contract terminate?
3602.23 When will BLM make refunds or
allow credits?
3602.24 When may I assign my materials
sales contract?
3602.25 What rights and responsibilities does
my assignee assume?
3602.26 If I assign my contract, when do my
obligations under the contract end?
3602.27 When will BLM extend the term of a
contract?
3602.28 What records must I maintain and
how long must I keep them?
3602.29 How will BLM verify my production?

Subpart 3603—Community Pits and
Common Use Areas
DISPOSAL OF MATERIALS—COMMUNITY PITS
AND COMMON USE AREAS
3603.10 Disposal of mineral materials from
community pits and common use areas.
3603.11 What rights pertain to users of community pits?
3603.12 What rights pertain to users of common use areas?
3603.13 What price does BLM charge under
materials sales contracts for mineral
materials from community pits and common use areas?
3603.14 What plans do I need to prepare to
mine or remove mineral materials from a
community pit or common use area?
RECLAMATION
3603.20 Reclamation.
3603.21 What reclamation requirements pertain to community pits and common use
areas?
3603.22 What fees must I pay to cover the
cost of reclamation of community pits
and common use areas?

Subpart 3604—Free Use of Mineral
Materials

NONCOMPETITIVE SALES

OBTAINING FREE USE PERMITS

3602.30 Noncompetitive sales.
3602.31 What volume limitations and fees
generally apply to noncompetitive mineral materials sales?
3602.32 What volume and other limitations
pertain to noncompetitive sales associated with public works projects?
3602.33 How will BLM dispose of mineral
materials for use in developing Federal
mineral leases?
3602.34 What is the term of a noncompetitive contract?

3604.10 Permits for free use of mineral materials.
3604.11 How do I apply for a free use permit?
3604.12 Who may obtain a free use permit?
3604.13 When will BLM decline to issue a
free use permit to a qualified applicant?

COMPETITIVE SALES

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3602.45 What final steps will BLM take before issuing me a contract?
3602.46 What is the term of a competitive
contract?
3602.47 When and how may I renew my competitive contract and what is the fee?
3602.48 What may BLM require when renewing my contract?
3602.49 When will BLM issue a non-renewable contract?

3602.40 Competitive sales.
3602.41 When will BLM sell mineral materials on a competitive basis?
3602.42 How does BLM publicize competitive
mineral materials sales?
3602.43 How does BLM conduct competitive
mineral materials sales?
3602.44 How do I make a bid deposit?

ADMINISTRATION OF FREE USE
3604.20 Administration of free use permits.
3604.21 What is the term of a free use permit?
3604.22 What conditions and restrictions
pertain to my free use permit?
3604.23 When and how may I assign my free
use permit?
3604.24 Who may remove materials on my
behalf?
3604.25 What bond requirements pertain to
free use permits?
3604.26 When will BLM cancel my permit?
3604.27 What rights does a free use permit
give me against other users of the land?

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Bureau of Land Management, Interior

§ 3601.6

AUTHORITY: 30 U.S.C. 601 et seq.; 43 U.S.C.
1201, 1701 et seq.; Sec. 2, Act of September 28,
1962 (Pub. L. 87–713, 76 Stat. 652).
SOURCE: 66 FR 58901, Nov. 23, 2001, unless
otherwise noted.

Subpart 3601—3601–Mineral Materials Disposal; General Provisions
FUNDAMENTAL PROVISIONS
§ 3601.1

Purpose.

The regulations in this part establish
procedures for the exploration, development, and disposal of mineral material resources on the public lands, and
for the protection of the resources and
the environment. The regulations
apply to permits for free use and contracts for sale of mineral materials.
§ 3601.3

Authority.

(a) BLM’s authority to dispose of
sand, gravel, and other mineral and
vegetative materials that are not subject to mineral leasing or location
under the mining laws is the Act of
July 31, 1947, as amended (30 U.S.C. 601
et seq.), commonly referred to as the
Materials Act. This authority applies
to sale and free use of these materials.
BLM’s authority to allow removal of
limited quantities of petrified wood
from public lands without charge is
section 2 of the Act of September 28,
1962 (Pub. L. 87–713, 76 Stat. 652).
(b) Section 302 of the Federal Land
Policy and Management Act of 1976
(FLPMA) (43 U.S.C. 1732) provides the
general authority for BLM to manage
the use, occupancy, and development of
the public lands under the principles of
multiple use and sustained yield in accordance with the land use plans that
BLM develops under FLPMA.
(c) Section 304 of FLPMA (43 U.S.C.
1734) and the Independent Offices Appropriation Act of 1952 (31 U.S.C. 9701)
authorize the U.S. Government to collect fees and to require reimbursement
of its costs.

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§ 3601.5

Definitions.

As used in this part the term:
Act means the Materials Act of July
31, 1947, as amended (30 U.S.C. 601, et
seq.).

BLM means the Bureau of Land Management.
Common use area means a generally
broad geographic area from which BLM
can make disposals of mineral materials to many persons, with only negligible surface disturbance. The use is
dispersed throughout the area.
Community pit means a relatively
small, defined area from which BLM
can make disposals of mineral materials to many persons. The surface disturbance is usually extensive in the
confined area.
Mineral materials means, but is not
limited to, petrified wood and common
varieties of sand, stone, gravel, pumice,
pumicite, cinders, and clay.
Performance bond means a bond to ensure compliance with the terms of the
contract and reclamation of the site as
BLM requires.
Permittee means any Federal, State,
or territorial agency, unit, or subdivision, including municipalities, or any
non-profit organization, to which BLM
issued a free use permit for the removal of mineral materials from the
public lands.
Public lands means any lands and interest in lands owned by the United
States and administered by the Secretary of the Interior through BLM
without regard to how the United
States acquired ownership, except
lands held for the benefit of Indians,
Aleuts, and Eskimos.
Purchaser means any person, including a business or government entity,
buying or holding a contract to purchase mineral materials on the public
lands.
§ 3601.6

Policy.

It is BLM’s policy:
(a) To make mineral materials available unless it is detrimental to the
public interest to do so;
(b) To sell mineral material resources at not less than fair market
value;
(c) To permit Federal, State, Territorial, and local government entities
and non-profit organizations free use of
these materials for qualified purposes;
(d) To protect public land resources
and the environment and minimize
damage to public health and safety

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§ 3601.8

43 CFR Ch. II (10–1–07 Edition)

during the exploration for and the removal of such minerals;
(e) To prevent unauthorized removal
of mineral materials; and
(f) To require purchasers and permittees to account for all removals of mineral materials.

gate damage to public lands and resources would exceed the public benefits that BLM expects from the proposed disposition.

§ 3601.8 Public availability of information.

(a) BLM will not dispose of mineral
materials from wilderness areas or
other areas where it is expressly prohibited by law. This includes national
parks and monuments.
(b) BLM will not dispose of mineral
materials from Indian lands and lands
set aside or held for the use or benefit
of Indians.
(c) BLM will not dispose of mineral
materials from areas identified in land
use plans as not appropriate for mineral materials disposal.

(a) All data and information concerning Federal and Indian minerals
that you submit under this part are
subject to part 2 of this title. Part 2 of
this title includes the regulations of
the Department of the Interior covering the public disclosure of data and
information contained in Department
of the Interior records. BLM may make
available for inspection certain mineral information not protected from
disclosure under part 2 of this title
without a Freedom of Information Act
(FOIA) (5 U.S.C. 552) request.
(b) When you submit data and information under this part that you believe to be exempt from public disclosure, and that you wish BLM to withhold from such disclosure, you must
clearly mark each page that you believe includes confidential information.
BLM will keep all data and information confidential to the extent allowed
by § 2.13(c) of this title.
§ 3601.9

Information collection.

The Office of Management and Budget has approved the information collection requirements in part 3600 under 44
U.S.C. 3501 et seq. and assigned clearance number 1004–0103. BLM is collecting the information to allow us to
determine if you are qualified to purchase or have free use of mineral materials on the public lands. You must respond to obtain a benefit.
LIMITATIONS ON DISPOSAL OF MINERAL
MATERIALS
§ 3601.10 Limitations on BLM’s discretion to dispose of mineral materials.

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§ 3601.11 When
will
environmental
considerations prevent BLM from
disposing of mineral materials?
BLM will not dispose of mineral materials if we determine that the aggre-

§ 3601.12 What areas does BLM exclude from disposal of mineral materials?

§ 3601.13 How can I obtain mineral
materials from Federal lands that
have been withdrawn to aid a function of another Federal agency or of
a State or local government agency?
If you wish to obtain mineral materials from lands withdrawn to aid a
function of another Federal agency or
of a State or local government agency,
you may apply to BLM. BLM will dispose of the mineral materials only with
the consent of that agency.
§ 3601.14 When can BLM dispose of
mineral materials from unpatented
mining claims?
(a) BLM may dispose of mineral materials from unpatented mining claims
if disposal does not endanger or materially interfere with prospecting, mining,
or processing operations, or uses reasonably incident thereto.
(b) BLM will ask a mining claimant
for a waiver before disposing of mineral
materials from a claim. If the mining
claimant refuses to sign a waiver, BLM
will make sure that disposal of the
mineral materials will not be detrimental to the public interest. We also
will consult with the Solicitor’s Office,
if necessary, before proceeding with the
disposal.

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Bureau of Land Management, Interior

§ 3601.42

RIGHTS OF PURCHASERS AND
PERMITTEES
§ 3601.20

Rights of parties.

§ 3601.21 What rights does a person
have under a materials sales contract or use permit?
(a) Unless otherwise provided, if you
are a purchaser under a sales contract
or a free use permittee, you have the
right to:
(1) Extract, remove, process, and
stockpile the material until the contract or permit terminates, regardless
of any rights others acquire later under
the provisions of the general land laws;
and
(2) Use and occupy the described
lands to the extent necessary for fulfillment of the contract or permit.
(b) Users of the lands covered by your
materials sales contract or free use
permit who acquire their rights later
than the date BLM designated the
tract for mineral materials disposal
will be subject to your existing use authorization, as provided in § 3602.12.
This applies to uses due to any later
settlement, location, lease, sale, or
other appropriation under the general
land laws, including the mineral leasing and mining laws.
§ 3601.22 What rights remain with the
United States when BLM sells or
issues a permit for mineral materials?
Your sale contract or use permit is
subject to the continuing right of the
United States to issue leases, permits,
and licenses for the use and occupancy
of the lands, if such use would not endanger or materially interfere with the
production or removal of materials
under contract or permit.

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PRE-APPLICATION SAMPLING AND
TESTING
§ 3601.30 Pre-application
activities—
how and when may I sample and
test mineral materials?
(a) BLM may authorize you in writing to sample and test mineral materials. The authorization letter expires
after 90 days, but BLM may extend it
for an additional 90 days if you show us
that an extension is necessary. BLM
may authorize these activities before

issuing a sales contract or free use permit.
(b) You must submit your sampling
and testing findings to BLM. All information you submit under this section
is subject to part 2 of this title. That
part sets forth the rules of the Department of the Interior relating to public
availability of information contained
in Departmental records. (See § 3601.8.)
(c) A letter from BLM authorizing
you to sample and test mineral materials does not give you a preference
right to a sales contract or free use
permit.
(d) BLM may impose bonding and
reclamation requirements on sampling
and testing that you conduct under an
authorization letter.
MINING AND RECLAMATION PLANS
§ 3601.40 Mining
plans.

and

reclamation

BLM may require you to submit mining and reclamation plans before we
begin any environmental review or
issue a contract or permit. You may
combine these plans in one document.
§ 3601.41 What information must I include in my mining plan?
If BLM requires you to submit a mining plan, it must include:
(a) A map, sketch, or aerial photograph identifying the area for which
you are applying, the area and depth
you plan to disturb, existing and proposed access, and the names and locations of major topographic and known
cultural features;
(b) A description of your proposed
methods of operation and the periods
during which you will operate;
(c) A description of measures you will
take to prevent hazards to public
health and safety and to minimize and
mitigate environmental damage; and
(d) Such other information as BLM
may require.
§ 3601.42 What information must I include in my reclamation plan?
If BLM requires you to submit a reclamation plan, it must include:
(a) A statement of the proposed manner and time in which you will complete reclamation of the areas disturbed by your operations;

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43 CFR Ch. II (10–1–07 Edition)

(b) A map or sketch which delineates
the area you will reclaim; and
(c) Such other information as BLM
may require.
§ 3601.43 What is the process for BLM
to approve my mining and reclamation plans?
(a) After reviewing your mining and
reclamation plans, BLM will notify you
of any deficiencies in the plans and recommend the changes necessary. BLM
will notify you in writing when we approve your plan. You must follow BLMapproved mining and reclamation
plans, which become part of the contract or permit.
(b) Your operation must not deviate
from the plan BLM approves, unless it
is modified under § 3601.44.
§ 3601.44 How and when may my mining or reclamation plan be modified?
(a) Either you or BLM may initiate a
modification of an approved mining or
reclamation plan to adjust for changed
conditions or to correct any oversight.
BLM will consult with you before requiring a modification.
(b) If BLM notifies you that you
must modify your plan, you must prepare the modification, or explain why
you need more time, within 30 days. If
you fail to modify your plan to BLM’s
satisfaction, BLM may order you to
stop operations under your contract or
permit.
(c) When you ask to change an approved mining or reclamation plan for
one of the reasons in paragraph (a) of
this section, BLM will notify you in
writing within 30 days whether we approve the modification, deny it, or require any changes in it.
CONTRACT AND PERMIT ADMINISTRATION
§ 3601.50 Administration of sales contracts and free use permits.

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§ 3601.51 How will BLM inspect my operation?
You must allow BLM access at any
reasonable time:
(a) To inspect or investigate the mine
condition;
(b) To conduct surveys;

(c) To estimate the volume, types,
and composition of commodities that
you mine or remove;
(d) To examine weight tickets, truck
logs, and other records that BLM finds
necessary to verify production; or
(e) To determine whether you comply
with contract, permit, statutory, or
regulatory requirements.
[66 FR 58901, Nov. 23, 2001; 67 FR 68778, Nov.
13, 2002]

§ 3601.52 After I finish my operations,
when must I remove improvements
and equipment?
After your contract or permit period
expires, or after cancellation of your
permit or contract, BLM will allow you
up to 90 days, excluding periods of inclement weather, to remove the equipment, personal property, and any other
improvements that you placed on the
public lands. You may leave in place
improvements such as roads, culverts,
and bridges if BLM consents. If you fail
to remove equipment, personal property, or any other improvement, it becomes the property of the United
States. However, you remain liable for
the cost of its removal and for restoration of the site.
CONTRACT AND PERMIT CANCELLATION
§ 3601.60

Cancellation.

§ 3601.61 When may BLM cancel my
contract or permit?
BLM may cancel your contract or
free use permit if you:
(a) Fail to comply with the provisions of the Materials Act of 1947, as
amended (30 U.S.C. 601 et seq.);
(b) Fail to comply with any applicable regulations; or
(c) Default in the performance of any
material term, covenant, or stipulation
in the contract.
§ 3601.62

Cancellation procedure.

(a) BLM will give you written notice
of any defaults, breach, or cause of forfeiture, either in person or by certified
mail. You have 30 days after receiving
the notice:
(1) To correct all defaults;
(2) To request an extension of time in
which to correct the defaults; or

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§ 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

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§ 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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§ 3602.13

43 CFR Ch. II (10–1–07 Edition)

(c) This right does not prevent other
uses or segregate the land from the operation of the public land laws, including the mining and mineral leasing
laws. However, such subsequent uses
must not interfere with the extraction
of mineral materials.
[66 FR 58901, Nov. 23, 2001; 67 FR 68778, Nov.
13, 2002]

§ 3602.13 How does BLM measure and
establish the price of mineral materials?
(a) BLM will not sell mineral materials at less than fair market value.
BLM determines fair market value by
appraisal.
(b) BLM may periodically reappraise
the value of mineral materials not yet
removed, and adjust your contract
price accordingly. BLM will not adjust
the price during the first 2 years of the
contract. BLM also will not adjust the
contract price during the 2–year period
following any adjustment. However,
BLM may adjust the price at the beginning of any contract renewal period.
(c) BLM measures mineral materials
by in-place volume or weight equivalent. When BLM requires you to measure materials, we may either designate
the method you must use or allow you
to choose either method. We will verify
your results.
§ 3602.14 What kind of financial security does BLM require?

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(a) For contracts of $2,000 or more,
BLM will require a performance bond
of an amount sufficient to meet the
reclamation standards provided for in
the contract, but at least $500. If you
have a sales contract from a community pit or common use area and you
pay a reclamation fee, BLM will not require you to post a performance bond.
(b) BLM may require a performance
bond for contracts of less than $2,000.
We will not require a bond amount
greater than 20 percent of the total
contract value.
(c) A performance bond may be a—
(1) Bond of a corporate surety shown
on the approved list (Circular 570)

issued by the U.S. Treasury Department, including surety bonds arranged
or paid for by third parties;
(2) Certificate of deposit that:
(i) Is issued by a financial institution
whose deposits are Federally insured;
(ii) Does not exceed the maximum insurable amount set by the Federal Deposit Insurance Corporation;
(iii) Is made payable or assigned to
the United States;
(iv) Grants BLM authority to demand
immediate payment if you fail to meet
the terms and conditions of the contract;
(v) States that no party may redeem
it before BLM approves its redemption;
and
(vi) Otherwise conforms to BLM’s instructions as found in the contract
terms;
(3) Cash bond, with a power of attorney to BLM to convert it upon your
failure to meet the terms and conditions of the contract;
(4) Irrevocable letter of credit from a
bank or financial institution organized
or authorized to transact business in
the United States, with a power of attorney to BLM to redeem it upon your
failure to meet the terms and conditions of the contract; or
(5) Negotiable Treasury bond of the
United States of a par value equal to
the amount of the required bond, together with a power of attorney to
BLM to sell it upon your failure to
meet the terms and conditions of the
contract.
§ 3602.15 What will happen to my bond
if I transferred all of my interests
or operations to another bonded
party?
BLM will cancel your bond obligations following approval of the transfer
of your interests or operations if the
transferee provides a bond that assumes all of your existing liabilities as
required in § 3602.24. However, under
§ 3602.26, you remain liable for any reclamation or other obligation that accrued during the time you held your interest.

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§ 3602.23

ADMINISTRATION OF SALES

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§ 3602.20 Administration
materials sales.

of

mineral

§ 3602.21 What payment terms apply to
my mineral materials sales contract?
(a) Under a sales contract for mineral
materials—
(1) For sales of $2,000 or less, you
must pay the full amount before BLM
will sign the contract.
(2) When the sale exceeds $2,000, you
may make installment payments. The
first installment payment must be the
greater of $500 or 5 percent of the total
purchase price. If you elect to make installment payments—
(i) For non-competitive sales, you
must pay the first installment at or before the time BLM awards the contract;
(ii) For competitive sales, you must
pay the first installment as a deposit
at the time you submit the bid; and
(iii) For noncompetitive and competitive sales—
(A) Once you have removed materials, you must make each subsequent
installment payment monthly in an
amount equal to the value of the minerals you remove each month. You
must make the payment by the 15th
day following the end of the month for
which you are reporting. However, you
must pay the balance of the purchase
price not later than 60 days before the
expiration date of the contract. BLM
will credit your first installment payment to you at the time of your final
payment unless we cancel your contract under § 3601.61; or
(B) You may make advance payment
for your annual production based on
the previous year’s production or your
projection of the current year’s production, so long as you resume paying on
a monthly basis as required in paragraph (a)(2)(iii)(A) of this section if
your annual payment does not cover
your actual production for the current
year. You must resume monthly payments no later than the 15th day following the end of the month in which
production exceeds the projected production on which payments were based.
(3) You must annually (as provided in
your contract) produce an amount sufficient to pay to the United States a

sum of money equal to the first installment determined under paragraph
(a)(2) of this section. In lieu of such
production, you may make an annual
payment in the amount of the first installment. If in any contract year you
make production payments that are
less than the first installment, you
must pay the difference between the
production payments and the amount
of the first installment. These annual
payments are due on or before each anniversary date of the contract.
(b) If you fail to comply with the
terms and conditions of the contract
and BLM cancels your contract under
§ 3601.61, you will forfeit all moneys
that you paid.
§ 3602.22 When will a contract terminate?
(a) Your contract terminates when—
(1) Its term expires;
(2) You have completed production
under your contract or permit and any
renewal, and completed required reclamation; or
(3) BLM cancels your contract under
§ 3601.60 et seq. of this part.
(b) You and BLM may, by agreement,
terminate the sales contract at any
time.
§ 3602.23 When will BLM make refunds
or allow credits?
(a) BLM may make refunds or allow
credits if—
(1) When your contract expires, your
total payments exceed the total value
of mineral materials included in the
contract;
(2) BLM determines that insufficient
mineral materials existed in the sales
area to fulfill the terms of the contract; or
(3) Materials you paid for are unavailable as a result of terminating
your contract by mutual agreement
under § 3602.22(b).
(b) If your refund or credit is a result
of terminating your contract by mutual agreement under § 3602.22(b), BLM
will reduce the amount of the refund or
credit by the amount of the administrative cost of processing the disposal
action. If these administrative costs
exceed your total payments, BLM will
not make a refund or allow a credit.

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§ 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.

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§ 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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Bureau of Land Management, Interior

§ 3602.42

(1) In the public interest; and
(2) Impracticable to obtain competition.
(b) BLM will charge the purchaser a
processing fee on a case-by-case basis
as described in § 3000.11 of this chapter.
(c) BLM will not approve multiple
noncompetitive sales that exceed a
total of 300,000 cubic yards (or weight
equivalent) made in any one State for
the benefit of any one purchaser,
whether an individual, partnership,
corporation, or other entity, in any period of 12 consecutive months.
(d) The volume limitations in paragraphs (a) and (b) of this section do not
apply to sales in the State of Alaska
that BLM determines are needed for
construction, operation, maintenance,
or termination of the Trans-Alaska
Pipeline System or the Alaska Natural
Gas Transportation System.
(e) The volume limitations in paragraphs (a) and (b) of this section do not
apply if:
(1)
BLM
determines
that
circumstances make it impossible to obtain competition; or
(2) There is insufficient time to invite competitive bids, because of an
emergency situation affecting public
property, health, or safety.
[66 FR 58901, Nov. 23, 2001, as amended at 70
FR 58878, Oct. 7, 2005]

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§ 3602.32 What volume and other limitations pertain to noncompetitive
sales associated with public works
projects?
BLM may sell mineral materials not
exceeding 400,000 cubic yards (or weight
equivalent), at not less than fair market value, without advertising or calling for bids if:
(a) BLM determines the sale to be in
the public interest; and
(b) The materials will be used in connection with an urgent public works
improvement program on behalf of a
Federal, State, or local governmental
agency, and time does not permit advertising for a competitive sale.
§ 3602.33 How will BLM dispose of
mineral materials for use in developing Federal mineral leases?
(a) If you propose to use mineral materials in connection with developing a
mineral lease issued by BLM, we may,

without calling for competitive bids,
sell you at fair market value a volume
of mineral materials not exceeding a
total of 200,000 cubic yards (or weight
equivalent) in one State in any period
of 12 consecutive months.
(b) If the materials remain within the
boundaries of the lease, BLM will not
charge for mineral materials that you
must move in order to extract minerals
under a Federal lease, whether or not
you use them for lease development.
§ 3602.34 What is the term of a noncompetitive contract?
BLM will not issue a noncompetitive
contract for the sale of mineral materials for a term exceeding 5 years, excluding any contract extension under
§ 3602.27 and any period that BLM may
allow for removal of equipment and improvements under § 3601.52.
COMPETITIVE SALES
§ 3602.40

Competitive sales.

In addition to the following sections,
§§ 3602.41 through 3602.49, the provisions
of §§ 3602.11 through 3602.29 also apply
to competitive sales.
§ 3602.41 When will BLM sell mineral
materials on a competitive basis?
Except for sales from community pits
and common use areas under subpart
3603 of this part, and noncompetitive
sales under § 3602.30 et seq., BLM will
make sales only after inviting competitive bids through publication and posting under § 3602.42.
§ 3602.42 How does BLM
competitive
mineral
sales?

publicize
materials

(a) When offering mineral materials
for sale by competitive bidding, BLM:
(1) Will advertise the sale by publishing a sale notice in a newspaper of
general circulation in the area where
the material is located, on the same
day once a week for 2 consecutive
weeks; and
(2) Will post a sale notice in a conspicuous place in the office where you
will submit bids.
(b) In the sale notice, BLM will state:
(1) By legal description, the location
of the tract or tracts on which we are
offering the materials;

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§ 3602.43

43 CFR Ch. II (10–1–07 Edition)

(2) The kind of materials we are offering;
(3) The estimated quantities of materials we are offering;
(4) The unit of measurement;
(5) The appraised prices;
(6) The time and place for receiving
and opening of bids;
(7) The minimum deposit we require;
(8) If the sale is by request, the total
cost recovery fee paid to BLM by the
applicant up to 21 days before the sale;
(9) The site access that will be available to the purchaser;
(10) The method of bidding;
(11) If applicable, that the purchaser
must file mining or reclamation plans;
(12) The bonding requirement;
(13) The location for inspection of
contract terms and proposed stipulations;
(14) The address and telephone number of the office where you may obtain
additional information;
(15) Whether BLM will renew the contract; and
(16) Any additional information that
BLM deems necessary.
(c) BLM may, in its discretion, extend the period of time for advertising;
(d) BLM will not hold sales sooner
than 1 week after the last advertisement.

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[66 FR 58901, Nov. 23, 2001, as amended at 70
FR 58878, Oct. 7, 2005]

§ 3602.43 How does BLM conduct competitive mineral materials sales?
(a) The applicant requesting a mineral materials sale must pay a processing fee on a case-by-case basis as described in § 3000.11 of this chapter as
modified by the provisions in this section and in § 3602.42(b)(8). The cost recovery process for a competitive mineral materials sale follows:
(1) The applicant requesting the sale
must pay the cost recovery fee amount
before BLM will publish a sale notice.
(2) Before the contract is issued:
(i) The successful bidder, if someone
other than the applicant, must pay to
BLM the cost recovery amount specified in the sale notice; and
(ii) The successful bidder must pay
all processing costs BLM incurs after
the date of the sale notice.
(3) If the successful bidder is someone
other than the applicant, BLM will re-

fund to the applicant the amount paid
under paragraph (a)(1) of this section.
(b) In conducting a competitive sale,
BLM may require submission of sealed
written bids, oral bids, or a combination of both. The sale notice will state
how you must submit your bid. If 2 or
more persons make identical high
sealed bids, BLM will determine the
highest bid by holding an oral auction
among the persons making the identical high bids. If no oral bid is made
higher than the sealed bids, BLM will
pick the successful bidder by lot. After
BLM announces the high bid at an oral
auction, if you are the high bidder you
must confirm that bid in writing at
least by the close of business on the
date of the sale, or by such time as
BLM may specify in the sale notice.
(c) When BLM determines that it is
in the public interest to do so, we may
reject any or all bids, or may waive
minor deficiencies in the bids that
would not ordinarily affect the outcome of the bidding.
[66 FR 58901, Nov. 23, 2001, as amended at 70
FR 58878, Oct. 7, 2005]

§ 3602.44

How do I make a bid deposit?

(a) If you wish to make a bid to purchase mineral materials, you must submit a deposit in advance of the sale.
(1) Your sealed bids must contain a
deposit.
(2) At an oral auction, you must
make your deposit before the opening
of the bidding.
(b) Your deposit must be the greater
of $500 or 5 percent of the appraised
value as we specify in the sale notice.
(c) Your deposit may be in the form
of cash, a money order, a bank draft, or
a cashier’s or certified check made
payable to the Bureau of Land Management.
(d) If you are not the successful bidder, BLM will return your bid deposit
when the bidding concludes.
(e) If you are the successful bidder,
BLM will apply your deposit to the
purchase price.
(f) BLM will charge the successful
bidder a processing fee on a case-bycase basis as described in § 3000.11 of
this chapter and § 3602.43.
[66 FR 58901, Nov. 23, 2001, as amended at 70
FR 58878, Oct. 7, 2005]

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Bureau of Land Management, Interior

§ 3602.48

§ 3602.45 What final steps will BLM
take before issuing me a contract?
(a) Ability to perform. BLM may require you to furnish information we
find necessary to determine whether
you are able to meet the obligations of
the contract.
(b) Reasons for denying a contract. We
will deny you the contract, even if you
made the highest bid, if—
(1) We determine that you are unable
to meet the obligations of the contract,
(2) You are unwilling to accept the
terms of the contract, or
(3) BLM rejects all bids.
(c) Refund of deposit. If BLM denies
you a contract under paragraph (b)(1)
or (b)(3) of this section, we will refund
your deposit.
(d) Awarding a contract. BLM will notify you of your contract award by presenting you with or sending you the
contract.
(e) Accepting a contract. If BLM
awards you the contract, you must,
within 60 days after receiving it, sign
and return the contract, together with
a performance bond and mining and
reclamation plan when BLM requires
them. BLM may extend this period an
additional 30 days if you request it in
writing within the first 60-day period.
If you fail to sign and return the contract within the first 60-day period, or
an approved 30-day extension period,
you will forfeit the bid deposit.
(f) Awarding the contract to the secondhighest bidder. If BLM determines that
you are unable to meet the obligations
of the contract, or if you fail to sign
and return the contract within the
time period specified, BLM may offer
and award the contract for the amount
of the high bid to the person making
the next highest complete bid. That
person must be qualified and willing to
accept the contract, and must redeposit the amount required under
§ 3602.44(b).
(g) Contract form. BLM will make all
sales on BLM standard contract forms
approved by the Director, Bureau of
Land Management. We will include as
necessary additional provisions and
stipulations in the contract to conform
to the provisions of the competitive
sale notice and to address environmental concerns or other site-specific
issues.

§ 3602.46 What is the term of a competitive contract?
The term of the contract will be in
the sales notice. BLM will not issue a
competitive contract for the sale of
mineral materials for a term exceeding
10 years. However, the 10-year period
does not include any contract extension under § 3602.27, any contract renewal under § 3602.47, and any periods
for removal of equipment and improvements under § 3601.52 of this part.
§ 3602.47 When and how may I renew
my competitive contract and what
is the fee?
(a) Applying for competitive contract renewal. When you have paid the United
States the full contract price for the
mineral materials you purchased under
a competitive contract, you may apply
for renewal of the contract without
further competitive bidding in order to
purchase and extract additional material that may be available at the contract site. You must submit your request for renewal of the contract at
least 90 days before it expires. You do
not need to use a specific form.
(b) BLM’s response to the application.
BLM will renew your contract if—
(1) You meet all the requirements of
this section;
(2) Your contract is not limited under
§ 3602.49; and
(3) BLM determines that you are able
to fulfill the obligations of a new contract.
(c) Renewal term. BLM will renew
your contract for a maximum term of
10 additional years. The renewal may
be for less than 10 years if you do not
request that much time, or if BLM
finds that the quantity of material involved does not justify a 10-year term.
(d) Number of times BLM may renew a
contract. There is no maximum number
of times BLM may renew a contract.
(e) Fee. BLM will charge a processing
fee on a case-by-case basis as described
in § 3000.11 of this chapter.
[66 FR 58901, Nov. 23, 2001, as amended at 70
FR 58878, Oct. 7, 2005]

§ 3602.48 What may BLM require when
renewing my contract?
(a) Reappraisal. BLM will not grant a
renewal without requiring a reappraisal under § 3602.13.

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§ 3602.49

43 CFR Ch. II (10–1–07 Edition)

(b) Bond amount and terms. Before renewing your contract, BLM may require you to increase, or allow you to
decrease, the amount of the performance bond you posted under § 3602.14.
BLM may also require other bond
modifications to ensure coverage for
the renewed contract.
(c) Environmental protection requirements. Before renewing your contract,
BLM will perform additional environmental analysis as required, and may
require you to adopt additional measures to prevent hazards to public
health and safety, and to minimize and
mitigate environmental damage.
(d) Other requirements. BLM may require additions or changes to other
terms or conditions of your contract.
§ 3602.49 When will BLM issue a nonrenewable contract?

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(a) BLM may offer you a contract restricted to a single term or otherwise
limited in its duration. We will base
this restriction on a finding that—
(1) The land should be used for another, possibly conflicting, purpose
after mineral materials are removed;
(2) The deposit of mineral materials
may be appropriate for future use by
multiple operators or by the local community; or
(3) Other circumstances make renewal inappropriate.
(b) If BLM limits a contract under
this section, the sale notice under
§ 3602.42 will include this information.
(c) If your contract is in existence on
December 24, 2001, BLM will decide
whether you may request renewal of
that contract. You must ask BLM for
this decision at least 90 days before the
contract expires. If fewer than 120 days
remain on your existing contract on
December 24, 2001, BLM may approve a
renewal request that you submit less
than 90 days before the contract expires if we decide the contract qualifies
for renewal and we have sufficient time
to process your request before your
contract is due to expire.

Subpart 3603—Community Pits
and Common Use Areas
DISPOSAL OF MATERIALS—COMMUNITY
PITS AND COMMON USE AREAS
§ 3603.10 Disposal of mineral materials
from community pits and common
use areas.
(a) BLM may make mineral material
sales and allow free use under permit
from the same deposit within areas
that we designate for this purpose.
These kinds of disposals must be consistent with other provisions of this
part. These designated community pit
sites or common use areas may be any
size.
(b) This subpart applies to both sales
and free use from community pits and
common use areas unless otherwise
stated. Refer to subpart 3604 of this
part for additional regulations applicable to the free use of mineral materials.
§ 3603.11 What rights pertain to users
of community pits?
BLM’s designation of a community
pit site, when noted on the appropriate
BLM records or posted on the ground,
establishes a right to remove the materials superior to any subsequent claim
or entry of the lands.
§ 3603.12 What rights pertain to users
of common use areas?
(a) BLM’s designation of a common
use area does not establish a right to
remove the materials superior to any
subsequent claim or entry of the lands.
(b) Once you have a permit or a sales
contract to remove mineral materials
from a common use area, your rights
under that permit or contract are superior to any subsequent claim or entry
on the lands.
§ 3603.13 What price does BLM charge
under materials sales contracts for
mineral materials from community
pits and common use areas?
BLM will sell mineral materials from
community pits or common use areas
under materials sales contracts for not
less than fair market value.

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§ 3604.13

§ 3603.14 What plans do I need to prepare to mine or remove mineral materials from a community pit or
common use area?
BLM generally will not require a
mining or reclamation plan before you
mine or remove mineral materials
from a community pit or common use
area. We may require such a plan if we
find that circumstances warrant it. In
all cases, you must comply with the
terms of the contract or permit to protect health, safety, and the environment.
RECLAMATION
§ 3603.20

OBTAINING FREE USE PERMITS
§ 3604.10 Permits for free use of mineral materials.
§ 3604.11 How do I apply for a free use
permit?
If you wish to apply for free use of
mineral materials, you may file a letter of request or a BLM standard application form approved by the Office of
Management and Budget.
§ 3604.12 Who may obtain a free use
permit?

Reclamation.

§ 3603.21 What reclamation requirements pertain to community pits
and common use areas?
Generally, you do not need to perform reclamation after extracting mineral materials from community pits or
common use areas. However, you must
pay a reclamation fee as provided in
§ 3603.22.
§ 3603.22 What fees must I pay to cover
the cost of reclamation of community pits and common use areas?
(a) You must pay a reclamation fee
based on the amount of mineral materials you extract from the community
pit or common use area, unless you
make an alternative arrangement
under paragraph (b) of this section. The
reclamation fee you pay is a proportionate share of the total estimated
cost of reclamation, determined by
using the ratio of the material that
you extract under your permit or contract to the total volume of the material BLM estimates will be extracted
from the site.
(b) BLM may, at our discretion, allow
purchasers and permittees to perform
interim or final reclamation, where
needed, in lieu of paying reclamation
charges. If BLM allows you to perform
reclamation in lieu of paying a fee, we
may also require you to post a bond
under § 3602.14.

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Subpart 3604—Free Use of Mineral
Materials

Any Federal, State, or territorial
agency, unit, or subdivision, including
municipalities, or any non-profit organization, may apply for a free use permit to extract and use mineral materials.
(a) BLM may issue free use permits
to a government entity without limitation as to the number of permits or as
to the value of the mineral materials
to be extracted or removed, provided
that the government entity shows that
it will not use these materials for commercial or industrial purposes.
(b) BLM may issue free use permits
to a non-profit organization for not
more than 5,000 cubic yards (or weight
equivalent) in any period of 12 consecutive months, provided that the organization shows that it will not use these
materials for commercial or industrial
purposes.
§ 3604.13 When will BLM decline to
issue a free use permit to a qualified applicant?
BLM will not issue a free use permit
if we determine that you own or control an adequate supply of suitable
mineral materials that:
(a) Are readily available, and
(b) You can mine in a manner that is
economically and environmentally acceptable.

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§ 3604.20

43 CFR Ch. II (10–1–07 Edition)

ADMINISTRATION OF FREE USE
§ 3604.20 Administration of free use
permits.
§ 3604.21 What is the term of a free use
permit?
(a) BLM will determine the appropriate length of your free use permit
term.
(1) BLM will not grant free use permits to government entities for terms
exceeding 10 years.
(2) BLM will not grant free use permits to non-profit organizations for
terms exceeding one year.
(b) BLM may extend any free use permit term for a single additional period
not to exceed one year.
§ 3604.22 What conditions and restrictions pertain to my free use permit?
(a) You must not barter or sell mineral materials that you obtain under a
free use permit.
(b) You must not remove mineral materials before BLM issues you a permit
or after your permit expires.
(c) BLM may incorporate other conditions and restrictions into your free
use permit.
§ 3604.23 When and how may I assign
my free use permit?
You may assign or transfer your free
use permit to entities qualified under
§ 3604.12. You must first obtain BLM’s
written approval.

rfrederick on PROD1PC67 with CFR

§ 3604.24 Who may remove materials
on my behalf?
(a) You may allow your agent to extract mineral materials under your
free use permit.
(b) Your agent may charge you only
for extraction services and must not—
(1) Charge you for the materials extracted, processed, or removed; or
(2) Take mineral materials from the
permit area as payment for services
rendered to you, or as a donation or
gift.
§ 3604.25 What bond requirements pertain to free use permits?
BLM may require a bond or other security as a guarantee of your faithful
compliance with the provisions of your
permit and applicable regulations, including reclamation. The type of secu-

rity must be one of those provided for
in § 3602.14(c) of this part.
§ 3604.26 When will BLM cancel my
permit?
BLM may cancel your permit if you
fail, after adequate notice, to follow its
terms and conditions.
§ 3604.27 What rights does a free use
permit give me against other users
of the land?
Permits that BLM issues under this
subpart constitute a superior right to
remove the materials in accordance
with the permit terms and provisions,
as against any claim to or entry of the
lands made after the date BLM designated the tract for mineral materials
disposal. See § 3602.12.

PART 3620—FREE USE OF PETRIFIED
WOOD
Sec.

Subpart 3622—Free Use of Petrified Wood
3622.1
3622.2
3622.3
3622.4

Program: General.
Procedures; permits.
Designation of areas.
Collection rules.

AUTHORITY: 30 U.S.C. 601 et seq.; 43 U.S.C.
1201, 1732, 1733, 1740; Sec. 2, Act of September
28, 1962 (Pub. L. 87–713, 76 Stat. 652).
SOURCE: 48 FR 27015, June 10, 1983, unless
otherwise noted.

Subpart 3622—Free Use of
Petrified Wood
§ 3622.1 Program: General.
(a) Persons may collect limited quantities of petrified wood for noncommercial purposes under terms and conditions consistent with the preservation
of significant deposits as a public recreational resource.
(b) The purchase of petrified wood for
commercial purposes is provided for in
§ 3602.10 et seq. of this chapter.
[48 FR 27015, June 10, 1983, as amended at 66
FR 58909, Nov. 23, 2001]

§ 3622.2 Procedures; permits.
No application or permit for free use
is required except for specimens over
250 pounds in weight. The authorized
officer may issue permits, using the

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