---
kind: "section"
citation: "43 C.F.R. § 3809.591"
title: "43"
number: "3809.591"
heading: "What are the limitations on the amount by which BLM may reduce my financial guarantee?"
url: "https://uscodex.org/cfr/43/3809.591"
---

# §3809.591. What are the limitations on the amount by which BLM may reduce my financial guarantee?

- (a) This section applies to your financial guarantee, but not to any funding mechanism established under [§ 3809.552(c)](/cfr/43/3809.552.md?p=c) to pay for long-term treatment of effluent or site maintenance. Calculation of bond percentages in paragraphs [(b)](#b) and [(c)](#c) of this section does not include any funds held in that kind of funding mechanism.
- (b) BLM may release up to 60 percent of your financial guarantee for a portion of your project area when BLM determines that you have successfully completed backfilling; regrading; establishment of drainage control; and stabilization and detoxification of leaching solutions, heaps, tailings, and similar facilities on that portion of the project area.
- (c) BLM may release the remainder of your financial guarantee for the same portion of the project area when—
  - (1) BLM determines that you have successfully completed reclamation, including revegetating the area disturbed by operations; and
  - (2) Any effluent discharged from the area has met applicable effluent limitations and water quality standards for one year without needing additional treatment, or you have established a funding mechanism under [§ 3809.552(c)](/cfr/43/3809.552.md?p=c) to pay for long-term treatment, and any effluent discharged from the area has met applicable effluent limitations and water quality standards water for one year with or without treatment.

## Notes

### Authority

Authority: 16 U.S.C. 1280; 30 U.S.C. 22; 30 U.S.C. 612; 43 U.S.C. 1201; and 43 U.S.C. 1732, 1733, 1740, 1781, and 1782.

### Source

Source: 65 FR 70112, Nov. 21, 2000, unless otherwise noted.

### Authority

Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 22-42, 181 et seq., 301-306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. No. 97-35, 95 Stat. 357.

### Source

Source: 45 FR 13974, Mar. 3, 1980, unless otherwise noted.