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Notes

50 C.F.R. §§ 29.150–29.154

5 sections in range

§29.150. When do I have to provide financial assurance to the Service?

50 C.F.R. § 29.150

You will need to provide financial assurance as a condition of approval for your operations permit when you submit your application. You must file financial assurance with us in a form acceptable to the Service and payable upon demand. This financial assurance is in addition to any financial assurance required by any other Federal or State regulatory authority.
Notes, amendments, and revision history

Source

Source: 81 FR 79971, Nov. 14, 2016, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 685, 690d, 715i, 725, 3161; 30 U.S.C. 185; 31 U.S.C. 3711, 9701; 40 U.S.C. 319; 43 U.S.C. 315a; 113 Stat. 1501A-140.

Source

Source: 31 FR 16026, Dec. 15, 1966, unless otherwise noted.

§29.151. How does the Service establish the amount of financial assurance?

50 C.F.R. § 29.151

(a)
You are responsible for completing reclamation of your disturbances, whether within or outside your permit area, in accordance with this subpart and the terms of your permit. If you fail to properly complete reclamation, you will be liable for the full costs of completing the reclamation. We will base the financial assurance amount upon the estimated cost that a third-party contractor would charge to complete reclamation in accordance with this subpart. If the cost of reclamation exceeds the amount of your financial assurance, you will remain liable for all costs of reclamation in excess of the financial assurance.
(b)
The Service will reduce the required amount of your financial assurance during the pendency of operations by the amount we determine is represented by in-kind reclamation you complete during your operations.
Notes, amendments, and revision history

Source

Source: 81 FR 79971, Nov. 14, 2016, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 685, 690d, 715i, 725, 3161; 30 U.S.C. 185; 31 U.S.C. 3711, 9701; 40 U.S.C. 319; 43 U.S.C. 315a; 113 Stat. 1501A-140.

Source

Source: 31 FR 16026, Dec. 15, 1966, unless otherwise noted.

§29.152. Will the Service adjust the amount required for my financial assurance?

50 C.F.R. § 29.152

The Service may require, or you may request, an adjustment to the financial assurance amount because of any circumstances that increase or decrease the estimated costs established under § 29.151.
Notes, amendments, and revision history

Source

Source: 81 FR 79971, Nov. 14, 2016, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 685, 690d, 715i, 725, 3161; 30 U.S.C. 185; 31 U.S.C. 3711, 9701; 40 U.S.C. 319; 43 U.S.C. 315a; 113 Stat. 1501A-140.

Source

Source: 31 FR 16026, Dec. 15, 1966, unless otherwise noted.

§29.153. When will the Service release my financial assurance?

50 C.F.R. § 29.153

(a)
Your responsibility under the financial assurance will continue until either:
(1)
The Service determines that you have met all applicable reclamation operating standards and any additional reclamation requirements that may be included in your operations permit; or
(2)
A new operator assumes your operations, as provided in § 29.170(b).
(b)
You will be notified by the Service within 30 calendar days of our determination that your financial assurance has been released.
Notes, amendments, and revision history

Source

Source: 81 FR 79971, Nov. 14, 2016, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 685, 690d, 715i, 725, 3161; 30 U.S.C. 185; 31 U.S.C. 3711, 9701; 40 U.S.C. 319; 43 U.S.C. 315a; 113 Stat. 1501A-140.

Source

Source: 31 FR 16026, Dec. 15, 1966, unless otherwise noted.

§29.154. Under what circumstances will I forfeit my financial assurance?

50 C.F.R. § 29.154

(a)
You may forfeit all or part of your financial assurance if we cannot secure your compliance with the provisions of your operations permit or a provision of this subpart. The part of your financial assurance forfeited is based on costs to the Service to remedy your noncompliance.
(b)
In addition to forfeited financial assurance, we may temporarily:
(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 Service-administered lands and waters, and resources of the refuge; visitor uses; and visitor or employee health and safety; and
(3)
Suspend review of any permit applications you have submitted until we determine that all violations of permit provisions or of any provision of this subpart are resolved.
(4)
Seek recovery as provided in § 29.151 for all costs of reclamation in excess of the posted financial assurance.
Notes, amendments, and revision history

Source

Source: 81 FR 79971, Nov. 14, 2016, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 685, 690d, 715i, 725, 3161; 30 U.S.C. 185; 31 U.S.C. 3711, 9701; 40 U.S.C. 319; 43 U.S.C. 315a; 113 Stat. 1501A-140.

Source

Source: 31 FR 16026, Dec. 15, 1966, unless otherwise noted.