43 CFR §3602.14
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)For contracts of $2,000 or more, BLM will require a performance bond of an amount sufficient to meet the reclamation standards provided for in the contract, but at least $500. If you have a sales contract from a community pit or common use area and you pay a reclamation fee, BLM will not require you to post a performance bond.
- (b)BLM may require a performance bond for contracts of less than $2,000. We will not require a bond amount greater than 20 percent of the total contract value.
- (c)A performance bond may be a—
- (1)Bond of a corporate surety shown on the approved list (Circular 570) issued by the U.S. Treasury Department, including surety bonds arranged or paid for by third parties;
- (2)Certificate of deposit that:
- (i)Is issued by a financial institution whose deposits are Federally insured;
- (ii)Does not exceed the maximum insurable amount set by the Federal Deposit Insurance Corporation;
- (iii)Is made payable or assigned to the United States;
- (iv)Grants BLM authority to demand immediate payment if you fail to meet the terms and conditions of the contract;
- (v)States that no party may redeem it before BLM approves its redemption; and
- (vi)Otherwise conforms to BLM's instructions as found in the contract terms;
- (3)Cash bond, with a power of attorney to BLM to convert it upon your failure to meet the terms and conditions of the contract;
- (4)Irrevocable letter of credit from a bank or financial institution organized or authorized to transact business in the United States, with a power of attorney to BLM to redeem it upon your failure to meet the terms and conditions of the contract; or
- (5)Negotiable Treasury bond of the United States of a par value equal to the amount of the required bond, together with a power of attorney to BLM to sell it upon your failure to meet the terms and conditions of the contract.