Section R12-5-2006. Notice and Conduct of Competitive Sales

A.      Nature

1.        All sales of common mineral materials and natural prod- ucts, except to governmental agencies, shall be by public auction.

2.        Common mineral materials or natural products may be sold to governmental agencies without public auction on terms specified by the Commissioner, provided that the materials or products are sold at their true appraised value and that they are to be used for governmental purposes.

B.       Sales notice. Public notice of sale at public auction for com- mon mineral materials or natural products shall be published once each week for not less than ten successive weeks in a newspaper of general circulation published regularly at the state Capitol and in a newspaper of general circulation pub- lished regularly nearest the location of the interest to be sold and with the same formality as required for the sale of land.

C.      Conduct of sales. A representative of the Department shall conduct the public auction in a manner as consistent as possi- ble as that provided for sales of land. Specifically, bidding shall be conducted in the following manner:

1.        Bidding shall be by voice bid but no bid will be consid- ered or recorded which is not higher than the highest pre- ceding bid, except the initial bid may be for the unit royalty rate established in the notice of sale.

2.        No bid shall be accepted for less than the unit royalty rate established in the notice of sale and the Department reserves the right to reject any or all bids, if determined by it to be in the best interests of the state.

3.        Before a final bid at public auction is accepted, bidder must present to the auctioneer the amount of money that represents the minimum required in the notice of sale. The successful bidder shall have an additional 30 days from the date of sale in which to pay such additional sums, post such bonds and complete whatever other requirements may be required. Failing to do so will result in the abandonment of such sums already paid to the Department as liquidated damages and the freeing of the Department to reconsider such other bidders as the proper recipient of the sales agreement.

D.      Execution of agreement

1.        Upon approval by the Department of the successful bid for a common mineral materials or other natural products sale, the Department, by mail, will tender the sales agree- ment to the Buyer for its signature and simultaneously will notify it of the bond coverage required by the Depart- ment as a condition of issuing the sales agreement and will further state the execution fee required by law.

a.         When the executed sales agreement is filed with the Department by the Buyer and the Buyer has posted the bond or bonds required as a condition of issu- ance of the agreement, and the agreement has been signed by the Commissioner, the agreement will be in full force and effect.

b.        The date of commencement of the agreement will be the date of sale.

Historical Note

Adopted effective September 16, 1977 (Supp. 77-5). Sec- tion R12-5-2006 renumbered from Section R12-5-776 (Supp. 93-3).