This rulemaking will update the office of Surface Mining Reclamation and enforcement (OSMRE) bonding regulations at 30 CFR part 800 to ensure there are sufficient funds to complete all of the required reclamation in the reclamation plan if the regulatory authority has to perform the work in the event of forfeiture.  This rule will particularly help state regulatory authorities make informed decisions about whether an applicant is financially stable enough to qualify for a self-bond or other bonding, and to continue to make that assessment throughout the life of the permit.  The rule will also consider incentives for mine operators to complete timely reclamation.

A revised rule is needed to address the uncertainty caused by the current market conditions, including that posed by companies that have filed for bankruptcy.  It will help ensure that companies are able to fulfill their reclamation responsibility and not pass the burden to states and taxpayers.