30 C.F.R. Subpart B—Bonding Requirements
Title 30 - Mineral Resources
(a) An MMS-specified surety instrument must be in a form specified in MMS instructions. MMS will give you written information and standard forms for MMS-specified surety instrument requirements. (b) MMS will use a bank-rating service to determine whether a financial institution has an acceptable rating to provide a surety instrument adequate to indemnify the lessor from loss or damage. (1) Administrative appeal bonds must be issued by a qualified surety company which the Department of the Treasury has approved. (2) Irrevocable letters of credit or certificates of deposit must be from a financial institution acceptable to MMS with a minimum 1-year period of coverage subject to automatic renewal up to 5 years. (a) The MMS bond-approving officer may approve your surety if he or she determines that the amount is adequate to guarantee payment. The amount of your surety may vary depending on the form of the surety and how long the surety is effective. (1) The amount of the MMS-specified surety instrument must include the principal amount owed under the order plus any accrued interest we determine is owed plus projected interest for a 1-year period. (2) Treasury book-entry bond or note amounts must be equal to at least 120 percent of the required surety amount. (b) If your appeal is not decided within 1 year from the filing date, you must increase the surety amount to cover additional estimated interest for another 1-year period. You must continue to do this annually on the date your appeal was filed. We will determine the additional estimated interest and notify you of the amount so you can amend your surety instrument. (c) You may submit a single surety instrument that covers multiple appeals. You may change the instrument to add new amounts under appeal or remove amounts that have been adjudicated in your favor or that you have paid if you: (1) Amend the single surety instrument annually on the date you filed your first appeal; and (2) Submit a separate surety instrument for new amounts under appeal until you amend the instrument to cover the new appeals.
Title 30: Mineral Resources
PART 243—SUSPENSIONS PENDING APPEAL AND BONDING—MINERALS REVENUE MANAGEMENT
Subpart B—Bonding Requirements
§ 243.100 What standards must my MMS-specified surety instrument meet?
§ 243.101 How will MMS determine the amount of my bond or other surety instrument?
