---
kind: "section"
citation: "36 C.F.R. § 228.57"
title: "36"
number: "228.57"
heading: "Types of disposal."
url: "https://uscodex.org/cfr/36/228.57"
---

# §228.57. Types of disposal.


Except as provided in [§ 228.41(b)](/cfr/36/228.41.md?p=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)](/cfr/36/228.62.md?p=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.

## Notes

### Source

Source: 49 FR 29784, July 24, 1984, unless otherwise noted.

### Authority

Authority: 16 U.S.C. 478, 551; 30 U.S.C. 226, 352, 601, 611; 94 Stat. 2400.

### Source

Source: 39 FR 31317, Aug. 28, 1974, unless otherwise noted. Redesignated at 46 FR 36142, July 14, 1981.