proved. Upon approval of an assignment by the authorized officer, the assignee shall be entitled to all the rights and subject to all the obligations under the contract, and the assignor shall be released from any further liability under the contract.

§ 3610.7 Extension of time.

If the purchaser shows that his delay in removal was due to causes beyond his control and without his fault or negligence, the authorized officer may grant an extension of time, not to exceed one year, upon written request of the purchaser. Such written request must be received not later than 30 days prior to the expiration date of the time for removal but not earlier than 90 days prior thereto. Additional extensions may be granted if the purchaser submits the same type of written request not later than 30 days prior to the expiration date of an extension but not earlier than 90 days prior thereto. No extension may be granted without reappraisal as provided in § 3610.8.

§ 3610.8 Reappraisals.

If an extension is granted as provided in § 3610.7 mineral materials remaining on the contract area, title to which has not passed to the purchaser, shall be reappraised by the authorized officer. Such reappraised prices shall become the new unit prices for the purpose of computing the reappraised total purchase price except that the new unit prices shall not be less than the unit prices that were in effect during the original time for removal or previous extension.

§ 3610.9 Time for removal.

Time for removing materials sold, except that sold under a duration of production contract or contract for the sale of all material within a specified area, shall not exceed a period of 2 years except that such time for removal may be extended as provided in § 3610.7.

Subpart 3611-Noncompetitive (Negotiated) Sales

SOURCE: 35 FR 9729, June 13, 1970, unless otherwise noted.

§ 3611.1 Limitations in value.

When it is determined by the authorized officer to be in the public interest and where the sale is of property for which it is impracticable to obtain competition, he may sell at not less than the appraised value, without advertising or calling for bids, mineral materials not exceeding $5,000 in value. Where it is impracticable to obtain competition and the materials are to be used in connection with the development of Federal lands under a mineral lease or leases issued by the United States, sales under this paragraph may be made in a sum not exceeding $10,000.

§ 3611.2 Need in government program.

The authorized officer may sell, at not less than the appraised value, without advertising or calling for bids, mineral materials not exceeding $10,000 in value when it is in the public interest and the contract is for materials to be used in connection with a public works improvement program on behalf of a Federal, State, or local governmental agency and the public exigency will not permit the delay incident to advertising.

§ 3611.3 Limitation in total sales.

The total aggregate of negotiated sales which may be made in any one State to or for the benefit of any one person, partnership, association or corporation in any period of twelve consecutive months shall not exceed $10,000.

§ 3611.4 Exceptions.

The dollar limitations in § 3611.1 and § 3611.3 shall not apply to sales in the State of Alaska of mineral materials which the authorized officer determines are needed for construction, operation, maintenance or termination of the Trans-Alaska Pipeline System or the Alaska Natural Gas Transportation System.

[45 FR 77438, Nov. 24, 1980]

Subpart 3612-Competitive Sales

SOURCE: 35 FR 9729, June 13, 1970, unless otherwise noted.

§ 3612.1 Competitive sales; general.

All sales other than those specified in Subpart 3611 shall be made after inviting competitive bids through publication and posting in conformance with this subpart. Sales shall not be held sooner than one week after the last advertisement. No competitive sales shall be offered by the authorized officer unless there is access to the sale area which is available to anyone who is qualified to bid.

§ 3612.2 Advertising.

(a) Material sales offered by competitive bidding shall be advertised in a newspaper of general circulation in the area where the material is located and notice of the sale shall be posted in a conspicuous place in the office where bids are to be submitted. Such advertisement shall be published on the same day once a week for two consecutive weeks except that notice of sales amounting to $5,000 or less need be published only once.

(b) The advertisement of sale shall state the location by legal description of the tract or tracts on which the material is being offered, the kind of material, estimated quantities, the unit of measurement, appraised prices, time and place for receiving and opening of bids, minimum deposit required, the access situation, the method of bidding, the office where additional information may be obtained, and such additional information as the authorized officer may deem necessary.

(c) Advertisement of materials appraised at $1,000 or less may be published or posted at the discretion of the authorized officer.

then be determined by lot. Except for the first bid, no oral bid will be considered or recorded which is not higher than the highest preceding bid. In oral auction sales the high bidder must confirm his bid in writing immediately upon being declared the high bidder.

(b) At the request of the authorized officer, or the officer conducting the sale, bidders must furnish evidence of qualification or if such evidence has already been furnished, make appropriate reference to the record containing it.

(c) When it is in the interest of the Government to do so the authorized officer may reject any or all bids and may waive minor deficiences in the bids or the mineral material sale advertisement.

§ 3612.4 Bid deposits.

(a) For cash sales a bid deposit of not less than 10 percent of the appraised value of the mineral materials offered is required. The authorized officer may, at his discretion, require larger deposits.

(b) For installment .sales, the bid deposit shall be not less than the amount of the first installment required under § 3610.4 and specified in the advertisement of the sale.

(c) Sealed bids must be accompanied by the deposit. For mineral materials offered at oral auction, bidders must make the deposit prior to the opening of the bidding.

(d) Deposits may be in the form of cash, money orders, bank drafts, cashier's or certified checks made payable to the Bureau of Land Management, or bid bonds of a corporate surety shown on the approved list of the U.S. Treasury Department. Upon conclusion of the bidding, the bid deposits of all bidders, except the high bidder, shall be returned. The deposit of the successful bidder will be applied on the purchase price at the time the contract is signed by the authorized officer. If the contract is not awarded

to the high bidder his deposit will be returned, and the next successive high bidder will be called upon for a remittance of the full amount of the first installment.

Subpart 3613-Contracts

§ 3613.1 Award of contracts.

(a) The authorized officer may require the high bidder to furnish such information as is necessary to determine the ability of the bidder to perform the obligations of the contract. The contract shall be awarded to the high bidder, unless he is not qualified or responsible or unless all bids are rejected. If the high bidder is not qualified or responsible or fails to sign and return the contract together with the required performance bond, the contract may be offered and awarded for the amount of the high bid to the highest of the bidders who is qualified, responsible, and willing to accept the contract.

(b) Within 30 days after receipt of the contract the successful bidder shall sign and return the contract, together with any required performance bond: Provided, That the authorized officer may, in his discretion, extend such period an additional 30 days if the extension is applied for in writing and granted in writing within the first 30-day period. If the successful bidder fails to comply within the first 30-day period, his bid deposit shall be forfeited as liquidated damages.

[35 FR 9730, June 13, 1970]

§ 3613.2 Contract forms.

All sales shall be made on contract forms approved by the Director. The authorized officer may include additional provisions in the contract to cover conditions peculiar to the sale area, such as road construction, protection of improvements, and watersheds and recreational values. Such additional provisions shall be made available for inspection by prospective bidders during the advertising period. [35 FR 9730, June 13, 1970]

(a) Applications. An application for permit, in duplicate, must be made on Bureau approved forms and filed in any office or with any employee of the Bureau of Land Management authorized to issue a permit.

(b) Term. Permits shall be granted for periods not to exceed one year and shall terminate on the expiration dates shown therein unless extended by the authorized officer, such extension not to exceed one year. However, the authorized officer may grant permits to any Federal, State, or Territorial agency, unit, or subdivision including municipalities, for such periods as he may deem appropriate, not to exceed 10 years. The permittee must notify the officer in charge upon completion of removal.

(c) Assignment. A free-use permit issued under this section may not be assigned.

(d) Conditions. A free-use permit, on a form approved by the Director, shall incorporate the provisions, if any, governing the selection, removal, and use of the mineral materials. Free-use permits shall not be issued where the applicant owns or controls an adequate supply of the mineral materials to meet his needs. The material applied for must be for the applicant's own use and may not be bartered or sold. No mineral materials shall be removed until the permit is issued.

(e) Bond. A bond satisfactory to the authorized officer may be required as a guarantee of faithful performance of the provisions of the permit and applicable regulations.

(f) Cancellation. The authorized officer may cancel a permit if the permittee fails to observe its terms and conditions, or if the permit has been issued erroneously.

§ 3621.2 Permits to governmental units.

A free-use permit may be issued to any Federal or State agency, unit, or subdivision, including municipalities, 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 applicant makes a satisfactory showing to the authorized officer that such materials will be used for a public project. Such permits will constitute a superior right to remove the materials and will continue in full force and effect, in accordance with its terms and provisions, as against any subsequent claim to or entry of the lands.

§ 3621.3 Permits to non-profit organizations.

A free-use permit issued to a nonprofit association or corporation may not provide for the disposition of mineral materials having an in-place value in excess of $100 during any one calendar year. Such permittee is granted a right to remove materials while the permit remains in force and, in accordance with the provisions of the permit, as against a subsequent applicant who may wish to obtain the same mineral material by purchase. However, the

mineral materials may not be removed by the permittee after the land has been included in a valid claim by reason of settlement, entry, mining location or similar rights obtained under the public land laws.

§ 3621.4 Removal of materials and improvements.

(a) Conservation practices. All mineral materials disposed of under freeuse shall be extracted or removed in accordance with approved conservation practices so as to preserve to the maximum extent feasible all scenic, recreational, watershed, and other

values of the land and resources.

(b) Removal by agent. A free-use permittee may procure the mineral materials by agent. Such agent shall not, however, be paid more than fair compensation for the time, labor, and money expended in procuring the material and processing it, and no charge shall be made for the material itself. No part of the material may be used in payment for services in obtaining or processing it.

(c) Removal of improvements. Upon expiration of the permit period the permittee will be given 90 days to remove equipment, personal property, and any improvements he has placed on the land, except roads, culverts, and bridges which are to be left in place and in good condition, and which will become the property of the United States upon expiration of the 90-day removal period.

Subpart 3622-Free Use of Petrified Wood

SOURCE: 35 FR 9730, June 13, 1970, unless otherwise noted.

§ 3622.0-3 Authority; Free use of petrified wood by individuals.

Section 2 of the Act of September 28, 1962 (76 Stat. 652) requires that the Secretary of the Interior shall provide by regulation that limited quantities of petrified wood may be removed without charge from those public lands which he shall specify. Section 2 of said Act applies to the same public lands as the Act of July 31, 1947, as amended (61 Stat. 681). Specifically

To implement the policy of Congress, these regulations have been issued, authorizing the collection for noncommercial purposes of limited quantities of petrified wood by amateur collectors and by scientists, under terms and conditions which will be consistent with preservation of significant deposits as a public recreational resource for the enjoyment of the general public, maintenance of a source of materials for private and public collections, maintenance for the general public of areas for the pleasure of hunting for petrified wood specimens, and protection of other resources and projects on the lands. Subpart 3610 provides for purchase of petrified wood for commercial purposes.

§ 3622.3 Designation of areas.

(a) All public lands administered by the Bureaus of Land Management and Reclamation, except those public lands at constructed Reclamation reservoirs, within the Department of the Interior are open for free use removal of petrified wood with the exception of specific areas which may be closed to such collections by public notice or are otherwise closed to public entry. Free use areas under the jurisdiction of said Bureaus may be modified or canceled by notices published in the FEDERAL REGISTER.

(b) The heads of other Bureaus in the Department of the Interior, or their delegates, may publish in the FEDERAL REGISTER designations, modi

fications, or cancellations of free use areas on lands under their jurisdiction.

(c) The Secretary of the Interior, or his delegate, may designate, modify, or cancel free use areas on public lands which are under the jurisdiction of other Federal departments or agencies other than the Department of Agriculture with the consent of the head of such other Federal department or agency concerned, upon publication of notice in the FEDERAL REGISTER.

(d) This section does not apply to lands under the jurisdiction of the Secretary of Agriculture.

§ 3622.4 Collection rules.

(a) General. The following rules shall govern the removal without charge of specimens from public lands administered by the Department of the Interior:

(1) The maximum quantity of petrified wood that any one person is allowed to remove without charge per day is 25 pounds in weight plus one piece, provided that the maximum total amount that one person may remove in one calendar year shall not exceed 250 pounds. Pooling of quotas to obtain pieces larger than 250 pounds is not allowed.

(2) Except for the removal of museum pieces under permit issued pursuant to Subpart 3621, no explosives and no power equipment, including but not limited to tractors, bulldozers, plows, powershovels, trucks or semi-trailers, may be used for the excavation or removal of petrified wood obtained under the free use privilege. However, light trucks, up to one ton capacity, used in connection with campers or trailers or as a principal means of transportation, may be used for hauling purposes.

(3) Petrified wood obtained under this section must be for personal use and may not be bartered or sold to commercial dealers.

(4) Collection of specimens under the authority of this act must be accomplished in a manner that avoids unnecessary soil erosion or needless damage to the land or resources.

(b) Additional rules. The head of the Bureau having jurisdiction over a free use area, or his delegate, may establish

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