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§ 29.142 50 CFR Ch.

I (10–1–17 Edition)

(2) Fees under this section will not be lamation exceeds the amount of your
charged for access within the scope of financial assurance, you will remain
your oil and gas right or access to your liable for all costs of reclamation in ex-
right that is otherwise provided for by cess of the financial assurance.
law. (b) The Service will reduce the re-
(b) If access to your oil and gas right quired amount of your financial assur-
is across an existing refuge road, we ance during the pendency of operations
may charge a fee according to a posted by the amount we determine is rep-
fee schedule. resented by in-kind reclamation you
complete during your operations.
§ 29.142 Will I be charged a fee for
emergency access to my operations?
§ 29.152 Will the Service adjust the
No. amount required for my financial
(a) The Service will not charge a fee assurance?
for access across Service-administered The Service may require, or you may
lands or waters beyond the scope of request, an adjustment to the financial
your oil and gas right as necessary to assurance amount because of any cir-
respond to an emergency situation at cumstances that increase or decrease
your area of operations if we determine
the estimated costs established under
after the fact that the circumstances
§ 29.151.
required an immediate response to ei-
ther: § 29.153 When will the Service release
(1) Prevent or minimize injury to ref- my financial assurance?
uge resources; or
(2) Ensure public health and safety. (a) Your responsibility under the fi-
(b) You will remain liable for any nancial assurance will continue until
damage caused to refuge resources as a either:
result of such emergency access. (1) The Service determines that you
have met all applicable reclamation
FINANCIAL ASSURANCE operating standards and any additional
reclamation requirements that may be
§ 29.150 When do I have to provide fi- included in your operations permit; or
nancial assurance to the Service?
(2) A new operator assumes your op-
You will need to provide financial as- erations, as provided in § 29.170(b).
surance as a condition of approval for (b) You will be notified by the Serv-
your operations permit when you sub- ice within 30 calendar days of our de-
mit your application. You must file fi- termination that your financial assur-
nancial assurance with us in a form ac- ance has been released.
ceptable to the Service and payable
upon demand. This financial assurance § 29.154 Under what circumstances
is in addition to any financial assur- will I forfeit my financial assur-
ance required by any other Federal or ance?
State regulatory authority.
(a) You may forfeit all or part of
§ 29.151 How does the Service estab- your financial assurance if we cannot
lish the amount of financial assur- secure your compliance with the provi-
ance? sions of your operations permit or a
(a) You are responsible for com- provision of this subpart. The part of
pleting reclamation of your disturb- your financial assurance forfeited is
ances, whether within or outside your based on costs to the Service to remedy
permit area, in accordance with this your noncompliance.
subpart and the terms of your permit. (b) In addition to forfeited financial
If you fail to properly complete rec- assurance, we may temporarily:
lamation, you will be liable for the full (1) Prohibit you from removing all
costs of completing the reclamation. structures, equipment, or other mate-
We will base the financial assurance rials from your area of operations;
amount upon the estimated cost that a (2) Require you to secure the oper-
jstallworth on DSKBBY8HB2PROD with CFR

third-party contractor would charge to ations site and take any necessary ac-
complete reclamation in accordance tions to protect Service-administered
with this subpart. If the cost of rec- lands and waters, and resources of the

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