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1987 Interior Dec. (IBLA) 107 (1987)

handle is hein.amindian/ibla1987 and id is 1 raw text is: T. BROWN CONSTRUCTORS, INC. IBLA 85-830 Decided January 6, 1987 Appeal from a decision of the Area Manager, Farmington Resource Area, New Mexico, Bureau of Land Management, denying request for reinstatement of mineral material sales contract MS 30-010-(F)77-1. Set aside and remanded. 1. Bureau of Land Management -- Materials Act -- Regulations: Generally -- Rules of Practice: Appeals: Generally When subsequent to execution of a mineral material sales contract, the Department has amended the regulation providing for automatic termination of such a contract for failure to submit an in lieu of minimum annual production payment on or before the anniversary date by giving the authorized officer discretionary authority to terminate, the Board will set aside a BLM decision holding the contract to have automatically terminated and remand the case to BLM to allow the exercise of its discretion. APPEARANCES: Ted F. Brown, President, T. Brown Constructors, Inc., Albuquerque, New Mexico, for appellant. OPINION BY ADMINISTRATIVE JUDGE MULLEN T. Brown Constructors, Inc., has appealed from a decision of the Area Manager, Farmington Resource Area, New Mexico, Bureau of Land Management (BLM), dated July 24, 1985, denying its request for reinstatement of a mineral material sales contract, MS 30-010-(F)77-1. Appellant was the successful bidder for a mineral material sales contract, authorizing the removal of sand and gravel for the duration of production from 55 acres of land situated in portions of lots 1 through 3, sec. 8, T. 28 N., R. 11 W., and the SE 1/4 SE 1/4 sec. 31, T. 29 N., R. 11 W., New Mexico Principal Meridian, San Juan County, New Mexico, at a February 16, 1977, competitive sale. By letter dated March 22, 1977, BLM required appellant to, within 30 days of receipt of the letter, sign and return copies of the sales contract, an initial installment of $ 1,000, payment of the advertising costs of the sale, and a performance bond in the amount of $ 20,000. On April 21, 1977, appellant submitted the signed contract, together with the appropriate payment and performance bond. 95 IBLA 107

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