C.F.R. » Title 30 » CHAPTER VII—OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER J—PERFORMANCE BOND, FINANCIAL ASSURANCE, AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › PART 800—BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS UNDER REGULATORY PROGRAMS

30 C.F.R. § 800.14

Determination of bond amount

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(a) The amount of the bond required for each bonded area shall:

(1) Be determined by the regulatory authority;

(2) Depend upon the requirements of the approved permit and reclamation plan;

(3) Reflect the probable difficulty of reclamation, giving consideration to such factors as topography, geology, hydrology, and revegetation potential; and

(4) Be based on, but not limited to, the estimated cost submitted by the permit applicant.

(b) The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work has to be performed by the regulatory authority in the event of forfeiture, and in no case shall the total bond initially posted for the entire area under one permit be less than $10,000.

(c) An operator's financial responsibility under § 817.121(c) of this chapter for repairing material damage resulting from subsidence may be satisfied by the liability insurance policy required under § 800.60.

[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]
Notes of Decisions
Cited in 4 cases, 1988–2003 · leading case: Nat'l Wildlife Fed'n v. Donald P. Hodel, Sec'y of the Interior, 839 F.2d 694 (D.C. Cir. 1988).
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Nat'l Wildlife Fed'n v. Donald P. Hodel, Sec'y of the Interior, 839 F.2d 694 (D.C. Cir. 1988). · cites it 3× “But so long as the bond is calculated (as 30 C.F.R. § 800.14 (b) requires) at the full cost of reclaiming that particular increment of land, and the size and configuration of the increment (as 30 C.”
Cat Run Coal Co. v. Babbitt, 932 F. Supp. 772 (S.D.W. Va 1996). “§ 1259 (c); 30 C.F.R. § 800.14 . Second, OSM must determine the alternative bonding system “provide[s] a substantial economic incentive .”
West Virginia Highlands Conservancy v. Norton, 238 F. Supp. 2d 761 (S.D.W. Va 2003). · cites it 5× “§ 1259 (a); 30 C.F.R. § 800.14 (b). The statute allows an Alternative Bonding System (ABS): “[I]n lieu of the establishment of a bonding program, as set forth in this section, the Secretary may approve as part of a State or Federal program an alternative system that will achieve…”
Fincastle Mining, Inc. v. Babbit, 842 F. Supp. 204 (W.D. Va. 1993). “§ 1259 (a); 30 C.F.R. § 800.14 (b). Virginia has a similar statutory requirement, but the minimum amount of the bond is $40,000.”
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