§ 800.11. Requirement to file a bond.
449 words·~2 min read·
/us/cfr/t30/s§ 800.11·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)After a permit application under subchapter G of this chapter has been approved, but before a permit is issued, the applicant shall file with the regulatory authority, on a form prescribed and furnished by the regulatory authority, a bond or bonds for performance made payable to the regulatory authority and conditioned upon the faithful performance of all the requirements of the Act, the regulatory program, the permit, and the reclamation plan. (b)(1) The bond or bonds shall cover the entire permit area, or an identified increment of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations during the initial term of the permit.
(2)As surface coal mining and reclamation operations on succeeding increments are initiated and conducted within the permit area, the permittee shall file with the regulatory authority an additional bond or bonds to cover such increments in accordance with this section.
(3)The operator shall identify the initial and successive areas or increments for bonding on the permit application map submitted for approval as provided in the application (under parts 780 and 784 of this chapter), and shall specify the bond amount to be provided for each area or increment.
(4)Independent increments shall be of sufficient size and configuration to provide for efficient reclamation operations should reclamation by the regulatory authority become necessary pursuant to § 800.50.
(c)An operator shall not disturb any surface areas, succeeding increments, or extend any underground shafts, tunnels or operations prior to acceptance by the regulatory authority of the required performance bond.
(d)The applicant shall file, with the approval of the regulatory authority, a bond or bonds under one of the following schemes to cover the bond amounts for the permit area as determined in accordance with § 800.14:
(1)A performance bond or bonds for the entire permit area;
(2)A cumulative bond schedule and the performance bond required for full reclamation of the initial area to be disturbed; or
(3)An incremental bond schedule and the performance bond required for the first increment in the schedule.
(e)OSM may approve, as part of a State or Federal program, an alternative bonding system, if it will achieve the following objectives and purposes of the bonding program:
(1)The alternative must assure that the regulatory authority will have available sufficient money to complete the reclamation plan for any areas which may be in default at any time; and
(2)The alternative must provide a substantial economic incentive for the permittee to comply with all reclamation provisions. \[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017\]
Connections226 cite this
Cited by 226 sections · top 45
register
- Rules and RegulationsInterim final rule with request for comments
- Rules and RegulationsFinal rule; approval of amendment with four exceptions
- Rules and RegulationsFinal rule; partial approval of amendment
- Rules and RegulationsFinal rule; approval of amendment with exceptions
- Rules and RegulationsFinal rule; approval of amendment in part, disapproval of amendment in part
- NoticesFinal rule; partial approval of amendment
- Proposed RulesProposed rule; reopening of public comment period
- NoticesFinal rule
- Rules and RegulationsFinal rule; non-approval of amendment
- NoticesFinal rule
- NoticesFinal rule; approval of amendment
- NoticesProposed rule; public comment period and opportunity for public hearing on proposed amendment
- Rules and RegulationsFinal rule; approval of amendment
- Rules and RegulationsFinal rule
- Proposed RulesFinal rule
- Rules and RegulationsFinal rule; approval of amendment
- Proposed RulesFinal rule; approval of amendment
- Rules and RegulationsFinal rule
- NoticesFinal rule; approval of amendment
- NoticesProposed rule with public comment period and opportunity for public hearing on proposed amendment
- NoticesFinal rule; approval of amendment with deferral
- Rules and RegulationsFinal rule; approval of amendment
- Rules and RegulationsFinal rule; approval of amendment
- NoticesNotice and request for comments
- Rules and RegulationsFinal rule; approval of amendment
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule; approval of amendments
- NoticesProposed rule
- NoticesNotice of proposed rulemaking (NPRM)
- Rules and RegulationsFinal rule
- NoticesFinal rule; approval of amendment
- NoticesFinal rule; approval of amendment
- NoticesFinal rule; partial approval of amendment with 12 approved provisions, 5 provisions receiving qualified approval, and 1 not approved provision
- Proposed RulesFinal rule; approval of amendment
- Rules and RegulationsFinal rule; approval of amendment with deferrals
- Proposed RulesFinal rule; approval of amendment
- Proposed RulesProposed rule; public comment period and opportunity for public hearing on a proposal to remove a required amendment
- Rules and RegulationsFinal rule
- UnknownFinal rule
- NoticesProposed rule; public comment period and opportunity for public hearing on revisions to the Tennessee Federal program
- Rules and RegulationsFinal rule; approval with exceptions
- UnknownFinal rule
- NoticesFinal rule
- Proposed RulesAdvance notice of proposed rulemaking
- UnknownFinal rule
Citation graph
cites case law
§ 800.11
Requirement to file a bond.
Fed. Reg.×226
Cites 0Cited by 226 across 1 source