§ 602. — Bidding; advertising and other notice; conditions for negotiation of contract.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC602]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 15--SURFACE RESOURCES
SUBCHAPTER I--DISPOSAL OF MATERIALS ON PUBLIC LANDS
Sec. 602. Bidding; advertising and other notice; conditions for
negotiation of contract
(a) The Secretary shall dispose of materials under this subchapter
to the highest responsible qualified bidder after formal advertising and
such other public notice as he deems appropriate: Provided, however,
That the Secretary may authorize negotiation of a contract for the
disposal of materials if--
(1) the contract is for the sale of less than two hundred fifty
thousand board-feet of timber; or, if
(2) the contract is for the disposal of materials to be used in
connection with a public works improvement program on behalf of a
Federal, State or local governmental agency and the public exigency
will not permit the delay incident to advertising; or, if
(3) the contract is for the disposal of property for which it is
impracticable to obtain competition.
(b) Repealed. Pub. L. 96-470, title I, Sec. 102(a), Oct. 19, 1980,
94 Stat. 2237.
(July 31, 1947, ch. 406, Sec. 2, 61 Stat. 681; Pub. L. 87-689, Sec. 1,
Sept. 25, 1962, 76 Stat. 587; Pub. L. 94-273, Sec. 20, Apr. 21, 1976, 90
Stat. 379; Pub. L. 96-470, title I, Sec. 102(a), Oct. 19, 1980, 94 Stat.
2237.)
Amendments
1980--Subsec. (b). Pub. L. 96-470 struck out subsec. (b) which
required a report to be made to Congress on Apr. 1 and Oct. 1 of each
year of the contracts made under subsec. (a)(2) and (3) during the
period since the date of the last report, which report was to name each
purchaser, furnish the appraised value of the material involved, state
the amount of each contract, and describe the circumstances leading to
the determination that the contract should be entered into by
negotiation instead of competitive bidding after formal advertising.
1976--Subsec. (b). Pub. L. 94-273 substituted ``April'' for
``January'' and ``October'' for ``July''.
1962--Pub. L. 87-689 designated existing provisions as subsec. (a),
substituted therein provisions requiring the Secretary to dispose of
materials after formal advertising and such other public notice as he
deems appropriate, and authorizing negotiation of a contract for the
sale of less than 250,000 board-feet of timber, or for materials to be
used in connection with public works improvement program for a Federal,
State, or local governmental agency where the public exigency will not
permit the delay of advertising, or for property for which it is
impracticable to obtain competition, for provisions requiring
publication of notice once a week for 4 consecutive weeks in a newspaper
of general circulation, and competitive bidding, in cases where the
value was in excess of $1,000, and permitting disposal upon such notice
and in such manner as he prescribed where the value was $1,000 or less,
and added subsec. (b).
Transfer of Functions
For transfer of certain enforcement functions of Secretary or other
appropriate officer or entity in Departments of Agriculture and the
Interior under this subchapter to Federal Inspector of Office of Federal
Inspector for Alaska Natural Gas Transportation System, and subsequent
transfer to Secretary of Energy, see note set out under section 601 of
this title.
