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Notes

36 C.F.R. §§ 9.140–9.144

5 sections in range

§9.140. Do I have to provide financial assurance to the NPS?

36 C.F.R. § 9.140

Yes. You must file financial assurance with us in a form acceptable to the Regional Director and payable upon demand. This financial assurance is in addition to any financial assurance required by any other regulatory authority.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 230a(a)(4), 459d-3, 460cc-2(i), 460ee(c)(4), 698c(b)(2), 698i(b)(2), and 698m-4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 9701; 54 U.S.C. 100101, 100751, and 103104.

Source

Source: 81 FR 77992, Nov. 4, 2016, unless otherwise noted.

§9.141. How does the NPS establish the amount of financial assurance?

36 C.F.R. § 9.141

We base the financial assurance amount upon the estimated cost for a third-party contractor to complete reclamation in accordance with this subpart. If the cost of reclamation exceeds the amount of your financial assurance, you remain liable for all costs of reclamation in excess of the financial assurance.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 230a(a)(4), 459d-3, 460cc-2(i), 460ee(c)(4), 698c(b)(2), 698i(b)(2), and 698m-4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 9701; 54 U.S.C. 100101, 100751, and 103104.

Source

Source: 81 FR 77992, Nov. 4, 2016, unless otherwise noted.

§9.142. Will the NPS adjust my financial assurance?

36 C.F.R. § 9.142

The Regional Director may require, or you may request, an adjustment to the financial assurance amount because of any circumstance that increases or decreases the estimated costs established under § 9.141.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 230a(a)(4), 459d-3, 460cc-2(i), 460ee(c)(4), 698c(b)(2), 698i(b)(2), and 698m-4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 9701; 54 U.S.C. 100101, 100751, and 103104.

Source

Source: 81 FR 77992, Nov. 4, 2016, unless otherwise noted.

§9.143. When will the NPS release my financial assurance?

36 C.F.R. § 9.143

We will release your financial assurance within 30 days after the Regional Director:
(a)
Determines that you have met all applicable reclamation operating standards and any additional reclamation requirements that may be included in your operations permit; or
(b)
Accepts a new operator's financial assurance under § 9.160(b) or (c).
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 230a(a)(4), 459d-3, 460cc-2(i), 460ee(c)(4), 698c(b)(2), 698i(b)(2), and 698m-4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 9701; 54 U.S.C. 100101, 100751, and 103104.

Source

Source: 81 FR 77992, Nov. 4, 2016, unless otherwise noted.

§9.144. Under what circumstances will the NPS retain my financial assurance?

36 C.F.R. § 9.144

(a)
We will retain all or part of your financial assurance if compliance with your reclamation responsibilities under the approved permit or any provisions of this subpart is incomplete.
(b)
In addition, we may also:
(1)
Prohibit you from removing all structures, equipment, or other materials from your area of operations;
(2)
Require you to secure the operations site and take any necessary actions to protect federally owned or administered lands, waters, or resources of System units, visitor uses or experiences, or visitor or employee health and safety; and
(3)
Suspend review of any permit applications you have submitted until the Regional Director determines that all violations of permit provisions or of any provision of this subpart are resolved.
(4)
Seek recovery as provided in § 9.141 for all costs of reclamation in excess of the posted financial assurance.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 230a(a)(4), 459d-3, 460cc-2(i), 460ee(c)(4), 698c(b)(2), 698i(b)(2), and 698m-4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 9701; 54 U.S.C. 100101, 100751, and 103104.

Source

Source: 81 FR 77992, Nov. 4, 2016, unless otherwise noted.