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30 U.S.C. § 1259 — Performance bonds
Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing with regulatory authority; scope; number and amount** After a surface coal mining and reclamation permit application has been approved but before such a permit is issued, the applicant shall file with the regulatory authority, on a form prescribed and furnished by the regulatory authority, a bond for performance payable, as appropriate, to the United States or to the State, and conditional upon faithful performance of all the requirements of this chapter and the permit. The bond shall cover that area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within the initial term of the permit. As succeeding increments of surface coal mining and reclamation operations are to be initiated and conducted within the permit area, the permittee shall file with the regulatory authority an additional bond or bonds to cover such increments in accordance with this section. The amount of the bond required for each bonded area shall depend upon the reclamation requirements of the approved permit; shall reflect the probable difficulty of reclamation giving consideration to such factors as topography, geology of the site, hydrology, and revegetation potential, and shall be determined by the regulatory authority. The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by the regulatory authority in the event of forfeiture and in no case shall the bond for the entire area under one permit be less than $10,000.
**(b) Liability period; execution** Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and for a period coincident with operator’s responsibility for revegetation requirements
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1259
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Stable record: federal_law:legal_authorities:record_usc_bca12b769cad3e3978b72683
Source file: Laws/federal/codes/united-states-code/title-30/section-1259-performance-bonds--333dad7ca6.md
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Source location: Title 30, Chapter 25, § 1259; chapter-025-surface-mining-control-and-reclamation.md
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**(a) Filing with regulatory authority; scope; number and amount** After a surface coal mining and reclamation permit application has been approved but before such a permit is issued, the applicant shall file with the regulatory authority, on a form prescribed and furnished by the regulatory authority, a bond for performance payable, as appropriate, to the United States or to the State, and conditional upon faithful performance of all the requirements of this chapter and the permit. The bond shall cover that area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within the initial term of the permit. As succeeding increments of surface coal mining and reclamation operations are to be initiated and conducted within the permit area, the permittee shall file with the regulatory authority an additional bond or bonds to cover such increments in accordance with this section. The amount of the bond required for each bonded area shall depend upon the reclamation requirements of the approved permit; shall reflect the probable difficulty of reclamation giving consideration to such factors as topography, geology of the site, hydrology, and revegetation potential, and shall be determined by the regulatory authority. The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by the regulatory authority in the event of forfeiture and in no case shall the bond for the entire area under one permit be less than $10,000.
**(b) Liability period; execution** Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and for a period coincident with operator’s responsibility for revegetation requirements in [section 1265 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1265&num=0&edition=prelim). The bond shall be executed by the operator and a corporate surety licensed to do business in the State where such operation is located, except that the operator may elect to deposit cash, negotiable bonds of the United States Government or such State, or negotiable certificates of deposit of any bank organized or transacting business in the United States. The cash deposit or market value of such securities shall be equal to or greater than the amount of the bond required for the bonded area.
**(c) Bond of applicant without separate surety; alternate system** The regulatory authority may accept the bond of the applicant itself without separate surety when the applicant demonstrates to the satisfaction of the regulatory authority the existence of a suitable agent to receive service of process and a history of financial solvency and continuous operation sufficient for authorization to self-insure or bond such amount or in 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 the objectives and purposes of the bonding program pursuant to this section.
**(d) Deposit of cash or securities** Cash or securities so deposited shall be deposited upon the same terms as the terms upon which surety bonds may be deposited. Such securities shall be security for the repayment of such negotiable certificate of deposit.
**(e) Adjustments** The amount of the bond or deposit required and the terms of each acceptance of the applicant’s bond shall be adjusted by the regulatory authority from time to time as affected land acreages are increased or decreased or where the cost of future reclamation changes.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Permit requirement** Any permit issued under any approved State or Federal program pursuant to this chapter to conduct surface coal mining operations shall require that such surface coal mining operations will meet all applicable performance standards of this chapter, and such other requirements as the regulatory authority shall promulgate.
**(b) General standards** General performance standards shall be applicable to all surface coal mining and reclamation operations and shall require the operation as a minimum to—
(1) conduct surface coal mining operations so as to maximize the utilization and conservation of the solid fuel resource being recovered so that reaffecting the land in the future through surface coal mining can be minimized;
(2) restore the land affected to a condition capable of supporting the uses which it was capable of supporting prior to any mining, or higher or better uses of which there is reasonable likelihood, so long as such use or uses do not present any actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or pollution, and the permit applicants’ declared proposed land use following reclamation is not deemed to be impractical or unreasonable, inconsistent with applicable land use policies and plans, involves unreasonable delay in implementation, or is violative of Federal, State, or local law;
(3) except as provided in subsection (c) with respect to all surface coal mining operations backfill, compact (where advisable to insure stability or to prevent leaching of toxic materials), and grade in order to restore the approximate original contour of the land with all highwalls, spoil piles, and depressions eliminated (unless small depressions are needed in order to retain moisture to
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1265
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; administration; State funds** There is created on the books of the Treasury of the United States a trust fund to be known as the Abandoned Mine Reclamation Fund (hereinafter referred to as the “fund”) which shall be administered by the Secretary of the Interior. State abandoned mine reclamation funds (State funds) generated by grants from this subchapter shall be established by each State pursuant to an approved State program.
**(b) Sources of deposits to fund** The fund shall consist of amounts deposited in the fund, from time to time derived from—
(1) the reclamation fees levied under [section 1232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232&num=0&edition=prelim);
(2) any user charge imposed on or for land reclaimed pursuant to this subchapter after expenditures for maintenance have been deducted;
(3) donations by persons, corporations, associations, and foundations for the purposes of this subchapter;
(4) recovered moneys as provided for in this subchapter; and
(5) interest credited to the fund under subsection (e).
**(c) Use of moneys** Moneys in the fund may be used for the following purposes:
(1) reclamation and restoration of land and water resources adversely affected by past coal mining, including but not limited to reclamation and restoration of abandoned surface mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; sealing and filling abandoned deep mine entries and voids; planting of land adversely affected by past coal mining to prevent erosion and sedimentation; prevention, abatement, treatment, and control of water pollution created by coal mine drainage including restoration of stream beds, and construction and operation of water treatment pl
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1231
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment; rate** All operators of coal mining operations subject to the provisions of this chapter shall pay to the Secretary of the Interior, for deposit in the fund, a reclamation fee of 22.4 cents per ton of coal produced by surface coal mining and 9.6 cents per ton of coal produced by underground mining or 10 per centum of the value of the coal at the mine, as determined by the Secretary, whichever is less, except that the reclamation fee for lignite coal shall be at a rate of 2 per centum of the value of the coal at the mine, or 6.4 cents per ton, whichever is less.
**(b) Due date** Such fee shall be paid no later than thirty days after the end of each calendar quarter beginning with the first calendar quarter occurring after August 3, 1977, and ending September 30, 2034.
**(c) Submission of statement** Together with such reclamation fee, all operators of coal mine operations shall submit a statement of the amount of coal produced during the calendar quarter, the method of coal removal and the type of coal, the accuracy of which shall be sworn to by the operator and notarized. Such statement shall include an identification of the permittee of the surface coal mining operation, any operator in addition to the permittee, the owner of the coal, the preparation plant, tripple,11 So in original. Probably should be “tipple,”. or loading point for the coal, and the person purchasing the coal from the operator. The report shall also specify the number of the permit required under [section 1256 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1256&num=0&edition=prelim) and the mine safety and health identification number. Each quarterly report shall contain a notification of any changes in the information required by this sub
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1232
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding any other provision of this chapter, the Secretary may, after opportunity for public comment, promulgate regulations that describe conditions under which amounts in the fund may be used to provide incentives to promote remining of eligible land under [section 1234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1234&num=0&edition=prelim) in a manner that leverages the use of amounts from the fund to achieve more reclamation with respect to the eligible land than would be achieved without the incentives.
**(b) Requirements** Any regulations promulgated under subsection (a) shall specify that the incentives shall apply only if the Secretary determines, with the concurrence of the State regulatory authority referred to in subchapter V, that, without the incentives, the eligible land would not be likely to be remined and reclaimed.
**(c) Incentives**
(1) **In general** — Incentives that may be considered for inclusion in the regulations promulgated under subsection (a) include, but are not limited to—
(A) a rebate or waiver of the reclamation fees required under [section 1232(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/a&num=0&edition=prelim); and
(B) the use of amounts in the fund to provide financial assurance for remining operations in lieu of all or a portion of the performance bonds required under [section 1259 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1259&num=0&edition=prelim).
(2) **Limitations**
(A) *Use* — A rebate or waiver under paragraph (1)(A) shall be used only for operations that—
(i) remove or reprocess abandoned coal mine waste; or
(ii) conduct remining a
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1244
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons engaged in surface coal mining within State; time limit; exception** No later than eight months from the date on which a State program is approved by the Secretary, pursuant to [section 1253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1253&num=0&edition=prelim), or no later than eight months from the date on which the Secretary has promulgated a Federal program for a State not having a State program pursuant to [section 1254 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1254&num=0&edition=prelim), no person shall engage in or carry out on lands within a State any surface coal mining operations unless such person has first obtained a permit issued by such State pursuant to an approved State program or by the Secretary pursuant to a Federal program; except a person conducting surface coal mining operations under a permit from the State regulatory authority, issued in accordance with the provisions of [section 1252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1252&num=0&edition=prelim), may conduct such operations beyond such period if an application for a permit has been filed in accordance with the provisions of this chapter, but the initial administrative decision has not been rendered.
**(b) Term** All permits issued pursuant to the requirements of this chapter shall be issued for a term not to exceed five years: Provided, That if the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation and if the application is full and complete for such specified longer term, the regulatory authority may grant a per
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1256
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) “alluvial valley floors” means the unconsolidated stream laid deposits holding streams where water availability is sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas which are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits by unconcentrated runoff or slope wash, together with talus, other mass movement accumulation and windblown deposits;
(2) “approximate original contour” means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated; water impoundments may be permitted where the regulatory authority determines that they are in compliance with [section 1265(b)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1265/b/8&num=0&edition=prelim);
(3) “commerce” means trade, traffic, commerce, transportation, transmission, or communication among the several States, or between a State and any other place outside thereof, or between points in the same State which directly or indirectly affect interstate commerce;
(4) “Federal lands” means any land, including mineral interests, owned by the United States without regard to how the United States acquired ownership of the land and without regard to the agency having responsibility for management thereof, except Indian lands: Provided, That for the purposes of this chapter lands or mineral interests east of the one hundredth meridian
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1291
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Federal law — U.S. Code and appendices · legal_authorities
Page 281
TITLE 30—MINERAL LANDS AND MINING
§ 1259
(4) a detailed description of how the pro-
posed postmining land use is to be achieved
and the necessary support activities which
may be needed to achieve the proposed land
use;
(5) the engineering techniques proposed to be
used in mining and reclamation and a descrip-
tion of the major equipment; a plan for the
control of surface water drainage and of water
accumulation; a plan, where appropriate, for
backfilling, soil stabilization, and compacting,
grading, and appropriate revegetation; a plan
for soil reconstruction, replacement, and sta-
bilization, pursuant to the performance stand-
ards in section 1265(b)(7)(A), (B), (C), and (D) of
this title, for those food, forage, and forest
lands identified in section 1265(b)(7) of this
title; an estimate of the cost per acre of the
reclamation, including a statement as to how
the permittee plans to comply with each of
the requirements set out in section 1265 of this
title;
(6) the consideration which has been given to
maximize the utilization and conservation of
the solid fuel resource being recovered so that
reaffecting the land in the future can be mini-
mized;
(7) a detailed estimated timetable for the ac-
complishment of each major step in the rec-
lamation plan;
(8) the consideration which has been given to
making the surface mining and reclamation
operations consistent with surface owner
plans, and applicable State and local land use
plans and programs;
(9) the steps to be taken to comply with ap-
plicable air and water quality laws and regula-
tions and any applicable health and safety
standards;
(10) the consideration which has been given
to developing the reclamation plan in a man-
ner consistent with local physical environ-
mental, and
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1259
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.