Bond Release Procedures Under SMCRA

The Federal Surface Mining Control and Reclamation Act (SMCRA) requires a surface mine operator to post a performance bond before a mining permit can be issued to that operator. Release of that bond is contingent upon the completion of all required reclamation, restoration, and abatement work on the permit area. This paper explores the requirements of each of the three phases of reclamation under SMCRA, as well as provisions of four exemplar state regulations of four states that have been granted "primacy" under SMCRA. Successful completion of these requirements is a condition pre cedent to the release of performance bond liability. Failure to secure a timely bond release will have an ad verse impact on an operator's other mine permitting activities throughout the United States.