30 CFR 800.15 - When must the regulatory authority adjust the performance bond amount and when may I request adjustment of the bond amount?

§ 800.15 When must the regulatory authority adjust the performance bond amount and when may I request adjustment of the bond amount?

(a) The regulatory authority must adjust the amount of performance bond required and, if needed, the terms of the acceptance when -

(1) The area requiring bond coverage increases or decreases.

(2) The unit cost or scope of future reclamation changes as a result of technological advances, revisions to the operation or reclamation plans in the permit, or external factors. The regulatory authority may specify periodic times or set a schedule for reevaluating and adjusting the bond amount to fulfill this requirement.

(b) The permittee may request at any time that the regulatory authority reduce the amount of the performance bond based upon submission of evidence that the permittee's method of operation or other circumstances will reduce the estimated unit costs for the regulatory authority to reclaim the bonded area.

(c) Bond reductions under paragraphs (a) and (b) of this section are not subject to the bond release requirements and procedures of §§ 800.40 through 800.44 of this part.

(d) The regulatory authority may not use the provisions of this section to reduce the amount of the performance bond to reflect changes in the cost of reclamation resulting from completion of activities required under the reclamation plan. Bond reduction for completed reclamation activities must comply with the bond release requirements and procedures of §§ 800.40 through 800.44 of this part.

(e) Before making a bond adjustment, the regulatory authority must -

(1) Notify the permittee, the surety, and any person with a property interest in collateral who has requested notification under § 800.21(f) of this part of any proposed adjustment to the bond amount; and

(2) Provide the permittee an opportunity for an informal conference on the adjustment.

(f) In the event that an approved permit is revised in accordance with subchapter G of this chapter, the regulatory authority must review the bond amount for adequacy and, if necessary, require adjustment of the bond amount to conform to the permit as revised. This provision may not be used to reduce bond amounts on the basis of completion of reclamation activities, in whole or in part.

(g) The regulatory authority must require that the permittee post a financial assurance, collateral bond, or surety bond in accordance with § 800.18 of this part whenever it identifies a discharge that will require long-term treatment.

(h) The regulatory authority may not reduce the bond amount when the permittee does not restore the approximate original contour as required or when the reclamation plan does not reflect the level of reclamation required under the regulatory program.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 30 - MINERAL LANDS AND MINING
Public Laws

Title 30 published on 2015-10-21

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 30 CFR Part 800 after this date.

  • 2016-12-20; vol. 81 # 244 - Tuesday, December 20, 2016
    1. 81 FR 93066 - Stream Protection Rule
      GPO FDSys XML | Text
      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