A deposit shall be made with each proposal for the purchase of Indian forest products. Such deposits shall be at least:

Ten (10) percent if the appraised stumpage value is less than $100,000 and in any event not less than $1,000 or full value whichever is less;

Five (5) percent if the appraised stumpage value is $100,000 to $250,000 but in any event not less than $10,000; and

Three (3) percent if the appraised stumpage value exceeds $250,000 but in any event not less than $12,500.

Deposits shall be in the form of either a certified check, cashier's check, bank draft, postal money order, or irrevocable letter-of-credit, drawn payable as specified in the advertisement, or in cash.

The deposit of the apparent high bidder, and of others who submit a written request to have their bids considered for acceptance will be retained pending acceptance or rejection of the bids. All other deposits will be returned following the opening and posting of bids.

The deposit of the successful bidder will be forfeited and distributed as damages to the beneficial owners if the bidder does not:

Furnish the performance bond required by § 163.21 of this part within the time stipulated in the advertisement for sale of forest products;

Execute the contract; or

Perform the contract.

Forfeiture of a deposit does not limit or waive any further claims for damages available under applicable law or terms of the contract.

In the event of an administrative appeal under 25 CFR part 2, the Secretary may hold such bid deposits in an escrow account pending resolution of the appeal.