[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR3800]



[Page 752-753]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 3800_MINING CLAIMS UNDER THE GENERAL MINING LAWS--Table of Contents

 

     Subpart 3802_Exploration and Mining, Wilderness Review Program

 

Sec.  3802.2  Bond requirements.



    (a) Any operator who conducts mining operations under an approved 

plan of operations shall, if required to do so by the authorized 

officer, furnish a bond in an amount determined by the



[[Page 753]]



authorized officer. The authorized officer may determine not to require 

a bond where mining operations would cause nominal environmental damage, 

or the operator has an excellent past record for reclamation. In 

determining the amount of the bond, the authorized officer shall 

consider the estimated cost of stabilizing and reclaiming all areas 

disturbed by the operations consistent with Sec.  3802.3-2(h) of this 

title.

    (b) In lieu of a bond, the operator may deposit and maintain in a 

Federal depository account of the United States Treasury, as directed by 

the authorized officer, cash in an amount equal to the required dollar 

amount of the bond or negotiable securities of the United States having 

a face and market value at the time of deposit of not less than the 

required dollar amount of the bond.

    (c) In place of the individual bond on each separate operation, a 

blanket bond covering hardrock mining operations may be furnished, at 

the option of the operator, if the terms and conditions as determined by 

the authorized officer are sufficient to comply with these regulations.

    (d) In the event that an approved plan of operations is modified in 

accordance with Sec.  3802.1-5 of this title, the authorized officer 

shall review the initial bond for adequacy and, if necessary, shall 

require that the amount of bond be adjusted to conform to the plan of 

operations, as modified.

    (e) When a mining claim is patented, except for the California 

Desert Conservation Area, the authorized officer shall release the 

operator from that portion of the performance bond and plan of 

operations which applies to operations within the boundaries of the 

patented land. The authorized officer shall release the operator from 

the remainder of the performance bond and plan of operations (covering 

approved means of access outside the boundaries of the mining claim) 

when the operator has either completed reclamation in accordance with 

paragraph (f) of this section or those requirements are waived by the 

authorized officer.

    (f) When all or any portion of the reclamation has been completed in 

accordance with paragraph (h) of Sec.  3802.3-2 of this title, the 

operator shall notify the authorized officer who shall promptly make a 

joint inspection with the operator. The authorized officer shall then 

notify the operator whether the performance under the plan of operations 

is accepted. When the authorized officer has accepted as completed any 

portion of the reclamation, he shall reduce proportionally the amount of 

bond with respect to the remaining reclamation.