Including Stone, Sand and Gravel, Clay, and Other Materials

FromBLM-Administered

Federal Lands

MineralMaterials

How to Obtain

IntroductionThe Department of the Interior‘s Bureau of Land Man-agement (BLM) is a multiple-use land managementagency responsible for administering 262 million acresof public land located primarily in the western UnitedStates, including Alaska. The BLM manages many

resource programs, suchas minerals, forestry,wilderness, recreation,fisheries and wildlife,wild horses and burros,archaeology, and range-land. This brochure con-tains information aboutthe mineral materialsprogram. Mineral materi-als include common vari-eties of sand, stone,gravel, pumice, pumicite,clay, rock, and petrifiedwood. The major Federallaw governing mineralmaterials is the Materials

Act of 1947 (July 31, 1947), as amended (30 U.S. Code601 et seq.). This law authorizes the BLM to sell mineralmaterials at fair market value and to grant free-usepermits for mineral materials to Government agencies. Italso allows the BLM to issue free-use permits for a limitedamount of material to nonprofit organizations.

How Are Mineral MaterialsImportant to Our Society?

Mineral materials are among our most basic naturalresources. These materials are in everyday construction,agriculture, and decorative applications (Table 1). TheUnited States uses about 2 billion tons of crushed

Concrete and asphalt aggregate(crushed stone) used for airportrunways, highways, bridges, andhigh-rise buildings.

stone, dimension stone, and sand and gravel everyyear. Our highways, bridges, power plants, dams,high-rise buildings, railroad beds, and airport runways,along with their foundations and sidewalks, all use mineralmaterials of one type or another.

Separating naturally occurring mineral materials fromthe earth is neither easy nor inexpensive. The sheerweight of materials like stone makes their transporta-tion costs high. Therefore, adequate local supplies of thesebasic resources are vital to the economic life of every com-munity. It is the BLM’s policy to make these materialsavailable to the public and local governmental agencieswhenever possible and wherever it is environmentallyacceptable.

Mineral Materials

Sand, gravel, weatheredgranite, crushed rocks, boul-ders, dimension stone, light-weight aggregate, caliche,clay, riprap

Pumice, lava and other vol-canic stone, pebbles, cobbles,boulders, colored stone, mossrock, picture rock, bakedshale, marble, cut stone, andothers

Peat, humates, sand, crushedmarble

Gypsum, clay, limestone,and others

Uses

Used as fill and for the construc-tion of highways and roads,streets, urban and suburbandevelopments, canals, aqueducts,pond linings, and more

Used for decoration and land-scaping in flower and rock gar-dens, yards, veneers on walls andfireplaces, memorials, terrazzo,roofing stone, and more

Used in agriculture as soil conditioners

Used in industry for foundrywork, and as binders, sealants,chemical processes, filtration,and more

Table 1. Examples of materials and their uses.

Note: Although the BLM does not sell soil that is essential for growthof vegetation, it can sell surplus growth media where doing so will notcause unnecessary or undue degradation.

In Fiscal Year 2002, the BLM issued nearly 4,000 permitsand sales contracts that authorized the removal of about21 million cubic yards of mineral materials. Productionduring this annual period was about 14 million cubicyards. About 4% of the money derived from BLM salesin the western States and Alaska goes to the State inwhich the sales were made. The remaining revenuesfrom BLM sales in Alaska go to the General Treasury. Theremaining money from BLM sales in the western Statesis distributed according to percentages determined byCongress. Typically, 76% of the money derived from BLMsales is deposited in the Reclamation (trust) Fund, 20%goes to the General (Federal) Treasury, and 4% goes tothe government of the State from which the mineralswere produced.

Can I Perform Samplingand Exploration First?

Mineral materials can usually be found on or near thesurface of the public lands, or they may compose thesurface. It may be necessary to perform drilling or

trenching, how-ever, to deter-mine the qualityand quantity ofthe deposit—particularly whenmineral materialsare covered bysoil and vegeta-tion. The materi-als may need tobe sampled andtested to deter-mine if they aresuitable for someuses. Theseactivities must

Home exterior with gravel driveway,brick (clay exterior, roofing granules,stone wall, and rock garden.

be authorized in writing (letter of authorization) by theBLM. Bonding and reclamation requirements may beimposed on samplingand testing activities. Thefindings of sampling andtesting activities must besubmitted to the BLM. Ifthe findings contain con-fidential or privilegedinformation, this infor-mation must be identi-fied by the permittee sothat it may be excludedfrom public inspectionunder the Freedom ofInformation Act.

How Can I Get Minerals Commonly Used for

Construction?No specific application form is required for requestingthe removal of mineral materials from public lands. Personsinterested in buying mineral materials should contact thelocal BLM District or Resource Area office with jurisdic-tion over the area of need or where the desired materialis found on public land. Many people request only a fewtons or cubic yards. Others, such as construction contrac-tors or nurseries, may request thousands of tons or cubicyards. The BLM sells the materials at not less than fairmarket value, as determined by appraisal. Regulationsgoverning contracts and permits for mineral materialsare contained in Title 43, Code of Federal Regulations,Subparts 3601, 3602, 3603, and 3604.

Home Interior with stone fire-place and slate slab floor.

How Do I Purchase MaterialsFrom the BLM?

For sales of less than $2,000 fair market value, a small-salescontract can be obtained. Larger sales require a moredetailed contract and may have other requirements, depend-ing on the source of the materials. When small sales are madefrom an established community pit or common use area, con-tracts can be obtained “over-the-counter” from the BLM,usually on the same day.

Generally, community pits and common use areas are closeto communities and are easily accessible for the convenienceof the public. They are established by the BLM to serve the

needs of local com-munities while reduc-ing the amount ofsurface disturbancein areas known tohave a large publicdemand for mineralmaterials. Communitypits involve more con-centrated disturbancethan common areas.The BLM developsmining and reclama-tion plans for thecommunity pits andcoordinates dispos-als and operations.No one contractor

has exclusive rights to the mineral materials in a communitypit or common use area. Common use areas usually cover larg-er areas than community pits and typically involve less intensivesurface disturbance (e.g., collecting boulders from the sur-face without mining). Also, the designation of a common usearea does not establish a superior right to the use of the landagainst other claims or uses, as occurs with the designation of acommunity pit.

Community pit with mining equipment.

The BLM must also determine whether there is competitiveinterest for the mineral material being sought. If so, a com-petitive sale will be advertised by BLM. When the sale isheld, the interested persons may be required to submitsealed bids, oral bids, or a combination of both. The BLMmay require information that shows that you are able tomeet the obligations of a contract. The BLM will makeall sales on BLM standard contract forms and includeany additional provisions and stipulations needed toconform to the competitive sale notice and to addressenvironmental concerns or other site-specific issues.There is no volume or weight limit for competitive sales.The duration of a nonrenewable competitive sales con-tract can be no longer than 10 years. The duration of arenewable competitive sales contract is also 10 years,and the BLM may renew such contracts for as long as10 additional years, or for a shorter term if appropriate.There is no maximum to the number of times the BLM mayextend a renewable contract if BLM finds that renewalcontinues to be justified.

Can I Get Mineral Materials Free?

Free-use permits may be granted to governmental agen-cies and to nonprofit organizations and corporations. Thepermittee is not allowed to barter or sell the mineralmaterials acquiredunder the permit.The BLM may cancela permit if the per-mit holder fails, afteradequate notice, tofollow its terms andconditions. Federal,State, and local gov-ernmental agenciesmay be granted free-use permits for min-eral materials, in lieuof purchasing thematerial, if they canshow that a publicneed exists for thematerial. There is nolimitation on the number of permits that can be issued toany one governmental agency. Also, there is no volume,weight, or value limitation. The duration of a free-use per-mit to a governmental agency is no longer than 10 years,with a maximum possible extension of as long as 1 year.

Concrete and crushed stone used fordams and power plants; crushedstone used for railroad ballast.

Nonprofit organizations and corporations, such as churches,scouting organizations, and rifle clubs, may be authorizedto remove as much as 5,000 cubic yards (or weightequivalent). The duration of a free-use permit to a

nonprofit organiza-tion is no longerthan 1 year, with apossible extension ofas long as 1 year.

Petrified wood col-lected for commer-cial purposes mustbe appraised at fairmarket value andbought from theBLM under a salescontract.

Limited quantitiesof petrified woodmay be collectedwithout charge fornoncommercial

(hobby collecting) purposes. The maximum quantity ofpetrified wood that one person is allowed to removewithout charge in 1 day is 25 pounds plus one piece. Themaximum quantity one person is allowed to removewithout charge in 1 calendar year is 250 pounds. Regula-tions governing contracts and permits for petrified woodare contained in Title 43, Code of Federal Regulations, Sub-part 3620.

Free-use permits may be issued for collecting individualspecimens of petrified wood weighing more than 250pounds. However, the applicant must certify that the speci-men will be displayed to the public in a museum or simi-lar institution.

Gravel pit reclaimed as a lake andpark; asphalt and crushed stone usedfor bicycle path along shoreline;stone used for a drinking fountain;stone (rip rap) used for protecting theshoreline from erosion.

What Terms Are Included in Contracts and Free-Use

Permits?The terms of sale contracts and free-use permits arespecific and in writing. The terms include location ofthe land, value of the material per cubic yard or ton, apayment schedule, performance bonding requirements,duration of the permit or contract, measures to protectthe environment, and reclamation standards.

Purchasers and permittees must account for allremovals of mineral materials. The BLM may requireyou to measure the materials and may designate themethod you must use or allow you to choose themethod. In either situation, the BLM will verify yourresults. You must submit at least one production reportper contract year of the amount of mineral materials youhave mined or removed; the BLM may require more fre-quent reporting. The BLM may require you to conductpre-operation, annual, and post-operation volumetricsurveys of the mine site. The BLM may also require you tomaintain and preserve records, maps, surveys, andother information relating to production and valuationfor 6 years, including detailed records of quantity, types,and value of commodities you moved, processed, sold,delivered, or used.

Periodically, the BLM may reappraise the value ofmineral materials not yet removed and adjust yourcontract price accordingly. The BLM will not adjust theprice during the first 2 years of the contract and willnot adjust the contract price during the 2-year periodafter any adjustment. The BLM may, however, adjust theprice at the beginning of any contract renewal period.

For contracts of $2,000 or more, the BLM will requirea performance bond of an amount (at least $500) suf-ficient to meet the reclamation standards provided forin the contract. Instruments that can be used for aperformance bond may include corporate sureties,certificates of deposit, cash, irrevocable letters ofcredit, or negotiable Treasury bonds that meetBLM’s requirements. Where the surface of the landis in private ownership, the bonding requirements mayalso address compensation to the surface owner thatmay be required by law.

What Happens If IRemove Materials Without

Authorization From the BLM?

Persons who remove mineral materials from publiclands without a permit or contract are consideredunauthorized users and in trespass. In addition,unauthorized users may be fined as much as $100,000and sentenced up to 1 year in jail. This does not apply tothe hobby collection of stone or petrified wood wherereasonable amounts of these materials are taken with-out a permit for personal or nonprofit use, providedthat such collection does not cause unnecessary orundue degradation.

What Must I Do to Meet Environmental and

Reclamation Considerations?

Before issuing contracts or free-use permits, theBLM must conduct appropriate environmentalassessments. These include special studies or inven-tories of cultural values, threatened or endangeredplant and wildlife species, or other resources. Stipu-lations or conditions will be included in the terms of thecontract to ensure protection of the environment andreclamation of the land.

Reclamation is a requirement after any surface-disturbingactivity. The reclamation of disturbed sites is importantto be sure that the land can later be used produc-tively for other purposes. Reclamation includesremoving all surface debris, recontouring, reducingsteep slopes, and planting and growing vegetation. Allreclamation proposals must conform to State agencyrequirements and must be approved by the BLM.

Editing, layout, and design provided by the BLM NationalScience and Technology Center

BLM/WO/GI-92/002+4140+REV03

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U.S. DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT

State Offices

ALASKABureau of Land Management 222 W. 7th Avenue #13 Anchorage, AK 99513 907-271-5960

ARIZONABureau of Land Management222 N. Central AvenueP.O. Box 45155Phoenix, AZ 85004602-417-9528

CALIFORNIABureau of Land Management 2800 Cottage Way, Suite W-1834Sacramento, CA 95825 916-978-4400

COLORADOBureau of Land Management 2850 Youngfield Street Lakewood, CO 80215 303-239-3600

EASTERN STATES (includesStates bordering and east of theMississippi River)Bureau of Land Management7450 Boston BoulevardSpringfield, VA 22153703-440-1600

IDAHOBureau of Land Management1387 S. Vinnell WayBoise, ID 83709208-373-3889

MONTANA (includes NorthDakota and South Dakota)Bureau of Land Management5001 Southgate DriveP.O. Box 36800Billings, MT 59107406-896-5004

NEVADABureau of Land Management 1340 Financial Boulevard Reno, NV 89502

orP.O. Box 12000Reno, NV 89520775-861-6500

NEW MEXICO (includes Kansas,Oklahoma, and Texas)Bureau of Land Management1474 Rodeo RoadSanta Fe, NM 87505

orP.O. Box 27115Santa Fe, NM 87502505-438-7471

OREGON (includes Washington)Bureau of Land Management333 S.W. 1st AvenuePortland, OR 97204

orP.O. 2965Portland, OR 97208503-952-6001

UTAHBureau of Land Management324 S. State StreetP.O. Box 45155Salt Lake city, UT 84145 801-539-4001

Wyoming (includes Nebraska)Bureau of Land Management5353 Yellowstone Road P.O. Box 1828Cheyenne, WY 82003307-775-6256