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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 36 - Parks, Forests, and Public Property |
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Chapter II - Forest Service, Department of Agriculture |
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Part 228 - Minerals |
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Subpart C - Disposal of Mineral Materials |
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Types and Methods of Disposal |
§ 228.57 - Types of disposal.
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§ 228.57 Types of disposal.
Except as provided in § 228.41(b), disposal of mineral materials may be made by:
(a) Competitive sale to the highest qualified bidder after formal advertising and other appropriate public notice;
(b) Sale by negotiated contract.
(1) For removal of materials to be used in connection with a public works improvement program on behalf of a Federal, State, or local government agency if the public exigency will not permit delays incident to advertising, or
(2) For the removal of mineral materials for which it is impracticable to obtain competition;
(c) Preference right negotiated sale to the holder of a Forest Service-issued prospecting permit under which a suitable mineral material deposit has been demonstrated on acquired National Forest lands;
(d) Free use when a permit is issued to any nonprofit association, corporation, individual, or others listed in § 228.62(d), for other than commercial purposes, resale, or barter, or to any Federal, State, county, local unit, subdivision, municipality, or county road district for use in public projects; or
(e) Forest Service force account or by contract where the material is to be used to carry out various Forest Service programs involving construction and maintenance of physical improvements.