Fillable Form 3809-2 - Surface Management Personal Bond printable pdf download

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UNITED STATES

DEPARTMENT OF THE INTERIOR

Form 3809-2

BUREAU OF LAND MANAGEMENT

(January 2017)

SURFACE MANAGEMENT PERSONAL BOND

FORM APPROVED

Act of May 10, 1872, as amended (30 U.S.C. 22-54)

Act of December 29, 1916, as amended (39 Stat. 862)

OMB NO. 1004-0194

Act of October 21, 1976, as amended (43 U.S.C.1732-35, 1782)

Expires: January 31, 2020

Act of September, 13, 1982 (31 U.S.C. 9301 et seq.)

Act of September 27, 1988 (102 Stat. 1776)

Act of April 16, 1993 (43 U.S.C. 299)

; or Nationwide

; or Statewide

Individual

(Enter Bureau of Land Management (BLM) Serial No.)

(Enter Name of State, if applicable)

(“Yes”, if applicable)

KNOW ALL MEN BY THESE PRESENTS, THAT

(name)

(address)

as principal; is held firmly bound unto the United States of America in the sum of

U.S. dollars ($

lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond.

The principal, pursuant to the authority conferred by Section 1 of the Act of September 13, 1982 (31 U.S.C. 9303), does hereby constitute and

appoint the Secretary of the Interior to act as his attorney-in-fact for the purpose of negotiating the cash, letters of credit, savings accounts,

certificates of deposit, or securities. The interest accruing on the United States securities, cash, or other instruments given above, in the absence of

any default in the performance of any of the conditions, or stipulations set forth in this bond, the plan of operations/notice, must be paid to the

principal. The principal hereby, for any heirs, executors, administrators, successors, and assignees, jointly and severally, ratifies and confirms

whatever the Secretary will do by virtue of these presents.

The Secretary will transfer this deposit for the faithful performance of any and all of the conditions and stipulations as set forth in this bond, the plan

of operations/notice cited above, and the regulations at 43 CFR 3802 and 43 CFR 3809. In the case of any default in the performace of the

conditions and stipulations of such undertaking, it is agreed that the Secretary will have full power to assign, appropriate, apply, or transfer the

deposit, or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such

default.

BOND CONDTIONS

1. WHEREAS, the principal has an interest in a mining claim(s), mill site(s), or tunnel site(s) and/or responsibility for operations and/or reclamation

on the mining claim(s), mill site(s), or tunnel site(s) or public lands under the Acts cited in this bond; and

2. WHEREAS, the principal has filed an acceptable notice with the United States Department of the Interior, BLM and/or received approval from

the BLM of the plan of operations cited above and said plan of operations/notice contains certain stipulations and conditions; and

3. WHEREAS, the principal hereby waives any right to notice of, and agrees that this bond will remain in full force and effect notwithstanding:

a. Any transfer(s) in while or in part, of any or all of the land covered by the plan of operations/notice further agrees to remain bound under

this bond as to the interests in the plan of operations/notice retained by the principal; and

b. Any modification of the plan of operations/notice retained by the principal; and

4. WHEREAS, the principal hereby agrees that notwithstanding the cancellation or relinquishment of any mining claim(s), mill site(s), or tunnel

site(s) covered by this plan of operations/notice, whether by operation of law or otherwise, the bond will remain in full force and effect as to the

terms and conditions of the plan of operations/notice, and obligations covered by this bond; and

5. WHEREAS, the principal agrees that in the event of any default under the plan of operations/notice and/or reclamation plan the bond may be

forfeited and, the United States, through the BLM, may commence and prosecute any claim, suit, or other proceeding against the principal

without the neccessity of joining the owner(s) of the mining claim(s), mill site(s), or tunnel site(s) covered by the plan of operations/notice; and

6. WHEREAS, if the principal fails to comply with the provisions of 43 CFR 3802 and 43 CFR 3809, the principal will also be subject to the

applicable provisions and penalties of Sections 303 and 305 of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C.

1733 and 1735). This provision will not be construed to prevent the exercise by the United States of any other legal and equitable remedy,

including waiver of the default; and

7. WHEREAS, on the faith of the foregoing promises, representations, and appointments and in consideration of this bond, the United States has

accepted the notice or approved the plan of operations referenced herein.

8. NOW, THEREFORE, the condition of this obligation is such that if said principal(s), heirs, executors, administrators, successors, or assignees

will, in all respects, faithfully comply with all of the provisions of the plan of operations/notice referenced herein, and any amendments thereto,

and the regulations at 43 CFR 3802 or 43 CFR 3809, then this obligation will be null and void; otherwise it will remain in full force and effect.

(Continued on page 2)

Form 3809-2 - Surface Management Personal Bond

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