Form 3600-9 Contract for the Sale of Mineral Materials

Print
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT

Form 3600-9
(November 2008)

Office

CONTRACT FOR THE SALE OF MINERAL MATERIALS

Reset

FORM APPROVED
OMB NO. 1004-0103
Expires: September 30, 2011

Contract Number

The UNITED STATES OF AMERICA acting through the Bureau of Land Management (BLM), and ______________________________
___________________________ you, the purchaser, make this AGREEMENT, under the authority of the Act of July 31, 1947 (61 Stat.
681), as amended at 30 U.S.C. 601 through 604, and the regulations at 43 CFR, Group 3600.
We agree:
Sec. 1. Contract area - Under the terms and conditions of this contract, the United States sells to you and you buy the mineral materials
listed in Section 2 and contained in the following lands as shown on the map and mining plan attached to this contract:
COUNTY

STATE TOWNSHIP

RANGE

SECTION

ALIQUOT PARTS

MERIDIAN

ACREAGE

Pit Name (if any):
BLM will check this box if this contract is in a Community Pit. Community Pit serial number:
Sec. 2. Amount and price of materials - The United States determines the total purchase price by multiplying the total quantity of each kind
of mineral material designated by the unit price given below, or as changed through reappraisal.
QUANTITY
(Units Specified)

KIND OF MATERIALS

PRICE
PER UNIT

TOTAL PRICE

B

Reclamation Fee, if in a Community Pit:
TOTAL
BLM’s determination of the amount of materials that you have
taken under the contract is binding on you. You may appeal this
determination as provided in Section 19.
You are liable for the total purchase price, even if the quantity of
materials you ultimately extract is less than the amount shown
above. You may not mine more than the quantity of materials
shown in the contract.

Sec. 3. Payments, title, and reappraisals -You may not extract the
materials until you have paid in advance for them in full
$_______________________ , or paid the first installment of
$_______________________
(Continued on page 2)

If you pay in full in advance, BLM will check this box, and
Subsections 3(a) through 3(c) do not apply to your contract.
You must pay in full for all sales of $2,000 or less.
(a) If you pay in installments, you must pay the first
installment before BLM approves the contract.
(b) Once you start removing material, you must pay each
subsequent installment payment monthly in an amount equal to the
value of materials removed in the previous month. Payment must
be made by the 15th day following the end of the month for which
you are reporting. You must pay the total purchase price not later
than 60 days before the contract expires.

(c) The United States will retain the first installment as security for
your full and faithful performance and will apply it to the last
installment required to make the total payment equal to the total price
given in Section 2.

If you are late making an installment payment, you must not
remove any more material until you have paid. Removing material
you have not paid for is trespass, and for trespass you must pay at
triple the appraised unit price, or at triple the reappraised unit price
if BLM has made a reappraisal. To resume removal operations after
you were late making payments, you must obtain BLM’s written
approval.
(d) You receive title to the mineral materials only after you have
paid for them and extracted them.
Sec. 4. Risk of loss - You assume complete risk of loss for all
materials to which you have title. If material covered by this
contract is damaged or destroyed before title passes, you are liable
for all loss suffered if you or your agents are directly or indirectly
responsible for the damages. If you are not responsible for the
damage or destruction, you are liable only to the extent that the loss
was caused by your failure to remove the material under the terms
of this contract. You are still liable for breach of contract or any
wrongful or negligent act.
Sec. 5. Liability for damage to materials not sold to you - You are
liable for loss or damage to materials not sold to you if you or your
agents are directly or indirectly responsible for the damage or loss.
You are also liable if you fail to perform under the contract
according to BLM’s instructions and the United States incurs costs
resulting from your breach of any contract term or your failure to
use proper conservation practices. If the damage resulted from
willful or gross negligence, you are liable for triple the appraised
value of the damaged or destroyed materials. If the damage or
destruction did not result from willful or gross negligence, you are
liable for lesser charges, but not less than the appraised value of the
materials.
Sec. 6. Stipulations and reserved terms - Your rights are subject to the
regulations at 43 CFR Group 3600 now or hereafter in force and
to any stipulations and the mining plan attached to this contract.
BLM will check this box if there are stipulations attached to
this contract.
Sec. 7. Notice of operations - You must notify BLM immediately
when you begin and end operations under this contract. If BLM has
specified a time frame for notification, you must comply with that time
frame.
Sec. 8. Bonds - (a) You must furnish BLM with a bond in the amount
of $ ______________________ as a condition of issuing this contract.
(b) If you do not perform all terms of the contract, BLM will
deduct an amount equal to the damages from the face amount of the
bond. If the damages exceed the amount of the bond, you are liable for
the excess. BLM will cancel the bond or return the cash or U.S. bonds
you supplied when you have completed performance under this
contract.
(c) BLM will require a new bond when it finds any bond you
furnish under this contract to be unsatisfactory.
(Continued on page 3)

Sec. 9. Assignments - You may not assign this contract without
BLM’s written approval.
Sec. 10. Modification of the Approved Mining or Reclamation Plan You or BLM may initiate modification of these plans to adjust for
changed conditions, or to correct any oversight. The conditions for
BLM requiring you to modify these plans, or approving your request
for modification are found in the regulations at 43 CFR 3601.44.
Sec. 11. Expiration of contract - This contract will expire
_________ years, _________ months, _________ days from its
approval date, unless BLM extends the term or renews the contract.
BLM will check this box if this contract is a renewable
competitive contract.
Sec. 12. Renewal of renewable competitive contract - BLM will
renew your contract if you apply in writing no less than 90 days
before your renewable competitive contract expires and you meet the
conditions in the regulations at 43 CFR 3602.47.
Sec. 13. Violations and cancellations - (a) If you violate any terms
or provisions of this contract, BLM may cancel your contract
following the regulations at 43 CFR 3601.60 et seq., and recover all
damages suffered by the United States, including applying any
advance payments you made under this contract toward the payment
of the damages.
(b) If you extract any mineral materials sold under this contract
during the suspension period, or after the contract has expired or been
canceled, you have committed, and may be charged with, willful
trespass.
Sec. 14. Responsibility for damages suffered or costs incurred by the
United States - If you, your contractors, subcontractors or employees
breach this contract or commit any wrongful or negligent act, you are
liable for any resulting damages suffered or costs incurred by the
United States. You must pay the United States within 30 days after
receiving a written demand from BLM.
Sec. 15. Extensions of time - BLM may grant you an extension of
time in which to comply with contract provisions under the
regulations at 43 CFR 3602.27. For contracts with terms over 90 days,
you must apply in writing no less than 30 or more than 90 days before
your contract expires. For contracts with terms of 90 days or less you
must apply no later than 15 days before your contract expires.
Sec. 16. Time for removing personal property - You have
_________ days (not to exceed 90) from the date this contract expires
to remove your equipment, improvements, and other personal property
from United States lands or rights-of-way. You may leave in place
improvements such as roads, culverts, and bridges if BLM consents.
Any property remaining after this period ends, including extracted
materials, becomes the property of the United States. You will remain
liable for any costs of removing and disposing of the property and
restoring the site.
Sec. 17. Equal opportunity clause - The actions you take in hiring
must comply with the provisions of Executive Order No. 11246 of
Sept. 24, 1965, as amended, which describe the non-discrimination
clauses. You may get a copy of this order from BLM.

(Form 3600-9, page 2)

Sec. 18. Effective date - This contract becomes effective as indicated below.
If this contract becomes effective on the date BLM signs the contract, BLM will check this box.
If this contract becomes effective only after certain conditions are met, BLM will check this box, list the conditions below, and
indicate the effective date.

Sec. 19. Appeal - You may appeal any decision that BLM makes in regard to this contract under Parts 4 and 1840 of Title 43 of the Code of
Federal Regulations.
The following parties have executed this contract as of:
PURCHASER

THE UNITED STATES OF AMERICA

______________________________________________________
(Individual or Firm Name)

By _________________________________________________________

_____________________________________________________
(Address)

_________________________________________________________
(BLM)

_____________________________________________________
(Phone Number - include area code)

_________________________________________________________
(Title)

_____________________________________________________
(Signature)

_________________________________________________________
(Date)

_____________________________________________________
(Signature)
If you are a corporation, affix corporate seal here:
Title 18 U.S.C 1001, makes it a crime for any person knowingly or willfully to make to any department or agency of the United States any false, fictitious or fraudulent
statements or representations as to any matter within its jurisdiction, subject to a fine of up to $10,000 and imprisonment up to 5 years.

NOTICES

The Privacy Act of 1974 and the regulation in 43 CFR 2.48(d) provide that you be furnished the following information in connection with information
required by this application.
AUTHORITY: 30 U.S.C. 601 et seq.; 43 CFR 3600
PRINCIPAL PURPOSE: BLM uses this information to identify the parties entering into contracts for disposing of mineral materials.
ROUTINE USES: BLM will transfer information from the record or the record itself to appropriate Federal, State, local, or foreign agencies, when
relevant to criminal, civil, or regulatory investigations or prosecutions.
EFFECT OF NOT PROVIDING INFORMATION: If you do not provide this information to BLM, we will not be able to process your application for a
contract.
The Paperwork Reduction Act of 1995 requires us to inform you that:
The BLM is collecting this information to process your application and effect a binding contract.
The BLM will use this information to identify and communicate with applicants.
You must respond to this request to get a benefit.
The BLM would like you to know that you are not required to respond to, this or any other Federal agency-sponsored information collection which does
not have a currently valid OMB control number.

BURDEN HOURS STATEMENT: Public reporting burden for this form is estimated to average about 30 minutes per response, including the
time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments regarding the burden
estimate or any other aspect of this form to U.S. Department of the Interior, Bureau of Land Management (1004-0103), Bureau Information
Collection Clearance Officer (WO-630), 1849 C Street, N.W., Mail Stop 401 LS, Washington, D.C. 20240.
(Form 3600-9, page 3)