Permit No. Page 1 of 4 Bond No. _____________________

 

United States Department of the Interior

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

SURETY BOND FOR PARTNERSHIP

KNOW ALL PERSONS BY THESE PRESENTS, THAT THE UNDERSIGNED

___________________________________________________________________________________, (Partnership/Permittee)

 , a partnership, as 

(Street Address) (City) (State) (ZIP)

Principal, and ________________________________________________________________________,

(Name and Address of Surety Company)

organized and existing under the laws of the State of , and licensed to do business in 

the State of , as Surety, are held and firmly bound unto the United States Department 

of the Interior, Office of Surface Mining Reclamation and Enforcement (OSM) in the sum of __________

____________________________________________________________________________________

________________________ ________________________

($ ), for the payment of which sum we hereby jointly and severally bind 

ourselves, our successors, and assigns.

THE CONDITION OF THE ABOVE OBLIGATION is such, that:

Whereas, the above named Principal has submitted Permit Application No. ,

including a mining and reclamation plan, to conduct and reclaim surface coal mining operations, as 

defined pursuant to the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §1201 et seq., 

(the Act) and its attendant regulations; and

Whereas, the Principal has chosen to file this performance bond as a guarantee that the 

reclamation of the land disturbed during this surface mining operation will be completed as required by 

the Act and 30 CFR Chapter VII, and as specified in the Permit as issued;

Whereas, the Surety and its successors and assignees agree to guarantee the obligation and to 

indemnify, defend, and hold harmless OSM from any and all losses and expenses which OSM may 

sustain as a result of the Principal’s failure to comply with the condition of the obligation;

Whereas obligations guaranteed by this performance bond shall be in effect for the following 

described lands approved as the permit area or increment upon which initial or succeeding operations will 

be conducted: ________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

(If more space is needed use an attachment signed by the Surety)

Now, if the Principal faithfully completes all reclamation and abatement requirements set forth in the Act, 

in 30 CFR Chapter VII, and in its Permit, including the mining and reclamation plans, then this obligation 

shall be void; otherwise, it shall remain in full force and effect:
Permit No. Page 2 of 4 Bond No. _____________________

 

(a) beginning on the date of the approval and issuance of Permit No.__________ and extending 

until all reclamation, restoration, and abatement work pursuant to the Act, 30 CFR Chapter 

VII, and the permit has been completed to the satisfaction of OSM; and 

(b) until the bond is released pursuant to 30 CFR §800.40, replaced in accordance with 30 CFR 

§800.30, or until the permit has been sold, reassigned or otherwise transferred in accordance 

with 30 CFR §774.17; and

(c) for a minimum period of years, notwithstanding the requirements of sub-paragraphs 

(a) and (b) above, it being further understood that if the Principal performs any augmented 

seeding, fertilization or other supplemental reclamation work on the site prior to bond release, 

the period of liability under this bond shall begin again subject to the exception found in 30 

CFR §816.116(c)(4) or 30 CFR §817.116(c)(4).

The failure of the Principal to fulfill the obligations specified by the Act, 30 CFR Chapter VII, 

and its permit, shall result in a forfeiture of this performance bond according to the procedures described 

in 30 CFR §800.50.

The Surety shall not cancel this bond at any time for any reason, including non-payment of 

premium or bankruptcy of the Principal during the period of liability. The amount of the Surety’s liability 

may be adjusted by OSM pursuant to 30 CFR §800.15 for lands covered by this bond which have not 

been disturbed by the Principal, upon application by the Principal pursuant to 30 CFR §774.13 for 

revision of the Permit to delete such acreage, and approval by OSM of such revision.

The Surety will give prompt notice to the Principal and to OSM of any notice received or action 

filed alleging the insolvency or bankruptcy of the Surety, or alleging any violations of regulatory 

requirements which could result in suspension or revocation of the Surety’s license to do business.

In the event the Surety becomes unable to fulfill its obligation under the bond for any reason, 

notice shall be given immediately to the Principal and to OSM.

Upon the incapacity of the Surety by reason of bankruptcy, liquidation, insolvency, or suspension 

or revocation of its license, the Principal shall be deemed to be without bond coverage in violation of 30 

CFR §800.11 and shall be subject to the requirements described in 30 CFR §800.16(e)(2).

IN WITNESS THEREOF, the Principal and Surety have hereunto set their signatures and seals as 

of the dates set forth below. This bond shall be effective this _____ day of _____________, 20__.

PRINCIPAL

Date _______ ________________________________ (Partnership/Permittee)

Date _______________________ By: _______________________________ (Partner)
Permit No. Page 3 of 4 Bond No. _____________________

ACKNOWLEDGEMENT OF PERMITTEE

On this __ Day of ___________ , 20 , before me, a Notary Public in and 

for the County of_________________, in the State of____________________, appeared 

__________________ to me personally known, who being by me duly sworn, did say that he/she is a 

partner of ______________________, the partnership named in the foregoing instrument, and that he/she 

being authorized so to do, executed the forgoing instrument on behalf of said partnership. 

IN WITNESS WHEREOF, I have hereunto set my hand and official seal on the day, month, and 

year aforesaid.

My Commission Expires: _________________________________________ (Notary Public in aforesaid County and State) 

SURETY

Date ____________________________________ (Corporate Surety) 

(Affix Seal) By:_______________________________ 

Title:_____________________________ 

NOTE: Where one signs by virtue of Power of Attorney or Corporate Resolution for a Surety, or corporate 

Principal, a certified copy of that Power of Attorney or Corporate Resolution must be filed with this bond.

ACKNOWLEDGEMENT OF CORPORATE SURETY

On this ______ Day of ____________________, 20 , before me, a Notary Public in and for 

the County of____________________, in the State of _________________, appeared 

_________________________ to me personally known, who being by me duly sworn, did say that he/she 

________________________of , the corporate surety named in and 

which executed the within instrument, and that the seal affixed to said instrument is the corporate seal of 

said corporation, and that said instrument was signed, sealed and delivered in behalf of said corporation 

by authority of its Board of Directors, and he/she, as such officer, acknowledged said instrument to be the 

free act and deed of said corporation for the uses and purposes of said instrument as therein set forth. 

IN WITNESS WHEREOF, I have hereunto set my hand and official seal on the day, month, and 

year aforesaid.

My Commission Expires: ________________________________________ (Notary Public in aforesaid County and State) 

Paperwork Reduction Act Notice

We use the information required by this form to ensure that the requirements for a surety bond under 30 CFR 800.20 

have been met. You must provide the requested information to obtain a benefit (a surety bond). Under 30 CFR 

842.16, the information collected is a matter of public record.

The time needed to complete this form and related forms and submit the requested information to obtain a surety 

bond will vary depending on individual circumstances. We estimate that the average time will be 12 hours per 

response. This number includes the time spent reviewing instructions, learning about the regulations, gathering and

maintaining information, and completing and reviewing the forms. If you have comments concerning the accuracy 
Permit No. Page 4 of 4 Bond No. _____________________

of this estimate or suggestions for simplifying the forms or instructions, you may write to the Information 

Collection Clearance Officer, Office of Surface Mining Reclamation and Enforcement, 1849 C Street, NW, Room 

4559, Washington, DC 20240.

Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), you are not required to respond to, nor will 

you be subject to a penalty for a failure to comply with, a collection of information unless it displays a currently 

valid OMB control number.

OMB Control No. 1029-0043, expires 10/31/2021