Form 3809-1 - Surface Management Surety Bond

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UNITED STATES
Form 3809-1
DEPARTMENT OF THE INTERIOR
(January 2017)
Print
BUREAU OF LAND MANAGEMENT
FORM APPROVED
OMB NO. 1004-0194
Clear
SURFACE MANAGEMENT SURETY BOND
Expires: January 31, 2020
Act of May 10, 1872, as amended (30 U.S.C. 22-54)
Act of December 29, 1916, as amended (39 Stat. 862)
Surety Bond Number
Act of October 21, 1976, as amended (43 U.S.C.1732-35, 1782)
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)
Individual
; or Statewide
; or Nationwide
(Enter “Yes,” if applicable)
(Enter BLM Serial No.)
(Enter Name of State, if applicable)
K
ALL B
T
P
T
NOW
Y
HESE
RESENTS,
HAT:
(name)
of
(address)
as principal; and
of
(name)
(address)
as surety; are 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, for the payment of
which sum the principal and surety bind themselves successors, and assigns, jointly and severally, by these presents.
The principal/surety will apply this bond 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 cited at CFR 3802 and 43 CFR 3809. In the case of any default in the performance of the conditions and
stipulations of such undertaking, it is agreed that the surety/principal will apply the bond or any portion thereof, to the satisfaction of any damages,
reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. W
the principal has an interest in a mining claim(s), mill site(s), or tunnel site(s) and/or responsibility for operations on those mining claim(s),
HEREAS,
mill site(s), 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, Bureau of Land Management (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. W
the principal has promised to deliver to the United States a bond substantially in the form hereof upon the approval and/or acceptance of
HEREAS,
the above referenced plan of operations and/or notice by the BLM to secure the performance of the terms and conditions contained in said plan of
operations/notice and/or associated reclamation plan.
4. W
the principal and surety agree that, with notice to the surety, the coverage of this bond, in addition to the present holdings of and/or
HEREAS,
authorization(s) granted to the principal, shall extend to and include:
a. Any transfer of operating rights under the plan of operations and/or notice hereafter entered into or acquired by the principal affecting mining
claim(s), mill site(s), tunnel site(s), or public lands; and
b. Any activity subsequent hereto of the principal as operator under a plan of operations and/or notice issued pursuant to the Acts cited in this bond;
Provided, that for Statewide and Nationwide bonds only, the surety may elect to terminate the additional coverage authorized under this paragraph.
Such termination will become effective 30 days after the BLM receives notice of the election to terminate. After the termination becomes effective,
the additional interests identified in this paragraph will not be covered by this bond; and
5. W
the principal and surety agree that with notice to the surety this bond shall remain in full force and effect notwithstanding: Any
HEREAS,
assignment(s) of an undivided interest in any part or all of the mining claim(s) mill site(s), tunnel site(s), or public lands covered by the plan of
operations/notice in which event the assignee(s) shall be considered to be coprincipal(s) on this bond as fully and to the same extent as though their
duly authenticated signatures appeared thereon; and
6. W
the principal/surety hereby waives any right to notice of, and agrees that this bond will remain in full force and effect notwithstanding:
HEREAS,
a. Any transfer(s) in whole or in part, of any or all of the land covered by the plan of operations and/or notice and further agrees to remain bound
under this bond as to the interests in the plan of operations and/or notice retained by the principal; and
b. Any modification of the plan of operations/notice or obligations thereunder as provided in paragraph 4 herein; and
7. W
the principal and surety hereby agree that notwithstanding the nullity, relinquishment, abandonment or forfeiture of any mining claim(s),
HEREAS,
mill site(s), or tunnel site(s) covered by this plan of operations and/or 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 and/or notice and obligations covered by this bond; and
(Continued on page 2)

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