30 CFR 800.13 - Period of liability.
(a)
(1) Performance bond liability shall be for the duration of the surface coal mining and reclamation operation and for a period which is coincident with the operator's period of extended responsibility for successful revegetation provided in § 816.116 or § 817.116 of this chapter or until achievement of the reclamation requirements of the Act, regulatory programs, and permit, whichever is later.
(2) With the approval of regulatory authority, a bond may be posted and approved to guarantee specific phases of reclamation within the permit area provided the sum of phase bonds posted equals or exceeds the total amount required under §§ 800.14 and 800.15. The scope of work to be guaranteed and the liability assumed under each phase bond shall be specified in detail.
(b) Isolated and clearly defined portions of the permit area requiring extended liability may be separated from the original area and bonded separately with the approval of the regulatory authority. Such areas shall be limited in extent and not constitute a scattered, intermittent, or checkerboard pattern of failure. Access to the separated areas for remedial work may be included in the area under extended liability if deemed necessary by the regulatory authority.
(c) If the regulatory authority approves a long-term, intensive agricultural postmining land use, in accordance with § 816.133 or § 817.133 of this chapter, the applicable 5 or 10 year period of liability shall commence at the date of initial planting for such long-term agricultural use.
(d)
(1) The bond liability of the permittee shall include only those actions which he or she is obligated to take under the permit, including completion of the reclamation plan, so that the land will be capable of supporting the postmining land use approved under § 816.133 or § 817.133 of this chapter.
(2) Implementation of an alternative postmining land use approved under §§ 816.133(c) and 817.133(c) which is beyond the control of the permittee, need not be covered by the bond. Bond liability for prime farmland shall be as specified in § 800.40(c)(2).
Title 30 published on 20-Dec-2017 04:15
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 30 CFR Part 800 after this date.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-24307 RIN 1029-AC63 Docket No. ID: OSM-2010-0018 S1D1S SS08011000 SX064A000 178S180110 S2D2S SS08011000 SX064A000 17X501520 DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement Final rule; CRA Revocation. This rule is effective on November 17, 2017. The incorporation by reference of material listed in the rule was previously approved by the Director of the Federal Register. 30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 816, 817, 824, and 827 By operation of the Congressional Review Act, the Stream Protection Rule shall be treated as if it had never taken effect. The Office of Surface Mining Reclamation and Enforcement issues this document to effect the removal of any amendments, deletions or other modifications made by the nullified rule, and the reversion to the text of the regulations in effect immediately prior to the effective date of the Stream Protection Rule.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-29958 RIN 1029-AC63 Docket No. ID: OSM-2010-0018 S1D1S SS08011000 SX064A000 178S180110 S2D2S SS08011000 SX064A000 17X501520 DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement Final rule. This rule is effective January 19, 2017. 30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 816, 817, 824, and 827 We, the Office of Surface Mining Reclamation and Enforcement (OSMRE or OSM), are revising our regulations, based on, among other things, advances in science, to improve the balance between environmental protection and the Nation's need for coal as a source of energy. This final rule will better protect water supplies, surface water and groundwater quality, streams, fish, wildlife, and related environmental values from the adverse impacts of surface coal mining operations and provide mine operators with a regulatory framework to avoid water pollution and the long-term costs associated with water treatment. We have revised our regulations to define “material damage to the hydrologic balance outside the permit area” and require that each permit specify the point at which adverse mining-related impacts on groundwater and surface water would reach that level of damage; collect adequate premining data about the site of the proposed mining operation and adjacent areas to establish an adequate baseline for evaluation of the impacts of mining and the effectiveness of reclamation; adjust monitoring requirements to enable timely detection and correction of any adverse trends in the quality or quantity of surface water and groundwater or the biological condition of streams; ensure protection or restoration of perennial and intermittent streams and related resources; ensure that permittees and regulatory authorities make use of advances in science and technology; ensure that land disturbed by mining operations is restored to a condition capable of supporting the uses that it was capable of supporting before mining; and update and codify the requirements and procedures for protection of threatened or endangered species and designated critical habitat. Approximately thirty percent of the final rule consists of editorial revisions and organizational changes intended to improve consistency, clarity, accuracy, and ease of use.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-27655 RIN Docket No. ID: OSM-2010-0021 S1D1S SS08011000 SX064A000 178S180110 S2D2S SS08011000 SX064A000 17XS501520 DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement Notice of availability; final environmental impact statement. The final EIS is available on November 16, 2016. 30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 816, 817, 824, and 827 We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), announce the availability of the Final Environmental Impact Statement (FEIS) for the Stream Protection Rule developed pursuant to the National Environmental Policy Act (NEPA).
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-21440 RIN S1D1S SS08011000 SX064A000 167S180110 S2D2S SS08011000 SX064A000 16XS501520 Docket No. ID: OSM-2016-0006 DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement Decision on petition for rulemaking. September 7, 2016. 30 CFR Part 800 We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing our final decision on a petition for rulemaking that was submitted by WildEarth Guardians. The petition requested that we revise our current regulations to better ensure that self-bonded companies provide sufficient information to guarantee that reclamation obligations are adequately met and that the self-bonded entity is financially solvent. The Director has decided to grant the petition, although we do not intend to propose the specific rule changes requested in the petition. We will initiate a rulemaking to address this issue as discussed more fully below.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-14525 RIN S1D1S SS08011000 SX064A000 167S180110 S2D2S SS08011000 SX064A000 16XS501520 Docket No. ID: OSM-2016-0006 DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement Notice; extension of comment period. The comment period for the proposed rule published May 20, 2016 (81 FR 31880) is extended. Electronic or written comments: We will accept written comments on the petition that are received on or before July 20, 2016. 30 CFR Part 800 We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing a 30-day extension of the comment period on a petition, submitted pursuant to the Surface Mining Control and Reclamation Act, (SMCRA or the Act), requesting that we amend our self-bonding regulations to ensure that companies with a history of financial insolvency, and their subsidiary companies, are not allowed to self-bond coal mining operations. We are requesting comments on the merits of the petition and the rule changes suggested in the petition. Comments received will assist the Director of OSMRE in making the decision whether to grant or deny the petition.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-11755 RIN S1D1S SS08011000 SX064A000 167S180110 S2D2S SS08011000 SX064A000 16XS501520 Docket No. ID: OSM-2016-0006 DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement Notice of availability of petition to initiate rulemaking and request for comments on the petition. Electronic or written comments: We will accept written comments on the petition on or before June 20, 2016. 30 CFR Part 800 We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), seek comments concerning a petition, submitted pursuant to the Surface Mining Control and Reclamation Act (SMCRA or the Act), requesting that we amend our self-bonding regulations to ensure that companies with a history of financial insolvency, and their subsidiary companies, are not allowed to self-bond coal mining operations. We are requesting comments on the merits of the petition and the rule changes suggested in the petition. Comments received will assist the Director of OSMRE in making the decision whether to grant or deny the petition.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-21412 RIN 1029-AC63 Docket No. ID: OSM-2010-0018 S2D2SS08011000SX064A00015X501520 OSM-2010-0021 OSM-2015-0002 S1D1 SS08011000SX064A000156S180110 DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement Notice of public hearings. We will be holding public hearings on the proposed rule and DEIS on September 1, 3, 10, 15, and 17, 2015 at the locations listed in the SUPPLEMENTARY INFORMATION section of this notice. 30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 816, 817, 824, and 827 We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing the schedule for public hearings on the proposed Stream Protection Rule and the accompanying Draft Environmental Impact Statement (DEIS).
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-17308 RIN 1029-AC63 S1D1S SS08011000 SX064A000 156S180110 Docket No. ID: OSM-2010-0018 S2D2S SS08011000 SX064A000 15X501520 DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement Proposed rule. Electronic or written comments: We will accept electronic or written comments on the proposed rule, the draft environmental impact statement, and the draft regulatory impact analysis on or before September 25, 2015. 30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 816, 817, 824, and 827 We, the Office of Surface Mining Reclamation and Enforcement (OSMRE or OSM), are proposing to revise our regulations, based on, among other things, advances in science, to improve the balance between environmental protection and the Nation's need for coal as a source of energy. This proposed rule would better protect streams, fish, wildlife, and related environmental values from the adverse impacts of surface coal mining operations and provide mine operators with a regulatory framework to avoid water pollution and the long-term costs associated with water treatment. We propose to revise our regulations to clearly define “material damage to the hydrologic balance outside the permit area” and require that each permit specify the point at which adverse mining-related impacts on groundwater and surface water would reach that level of damage; collect adequate premining data about the site of the proposed mining operation and adjacent areas to establish an adequate baseline for evaluation of the impacts of mining and the effectiveness of reclamation; adjust monitoring requirements to enable timely detection and correction of any adverse trends in the quality or quantity of surface water and groundwater or the biological condition of streams; ensure protection or restoration of perennial and intermittent streams and related resources; ensure that permittees and regulatory authorities make use of advances in science and technology; ensure that land disturbed by mining operations is restored to a condition capable of supporting the uses that it was capable of supporting before mining; and update and codify the requirements and procedures for protection of threatened or endangered species and designated critical habitat. The proposed changes would apply to both surface mines and the surface effects of underground mines. The majority of the proposed revisions update our regulations to incorporate or reflect the best available science and experience gained over the last 30 years. Approximately thirty percent of the proposed rule consists of editorial revisions and organizational changes intended to improve consistency, clarity, accuracy, and ease of use.