[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: 43CFR3600]



[Page 712]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 3600_MINERAL MATERIALS DISPOSAL--Table of Contents

 

                  Subpart 3602_Mineral Materials Sales

 

Sec.  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:

    (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 Sec.  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]