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N AHEREAS, as part of the application for such permit . Principal has <br /> agreed with the State and the United States/OSMRE to complete a specified plan <br /> ( "the Plan") for reclamation, as required by law, of the lands disturbed by <br /> reason of such mining operations. The Plan may be amended from time to time <br /> with the approval of the State , acting through the Department of Natural <br /> Resources and, as appropriate, the Mined Land Reclamation Division <br /> ("the Division") or the Mined Land Reclamation Board ( "the Board") and the <br /> United States of America, acting through the Department of the Interior, <br /> Office -of Surface Mining Reclamation and Enforcement ( "the OSMRE") . <br /> The phrase "Board or Division" in this bond means that organ of State <br /> government which has the authority to act to the circumstance referred to, and <br /> recognizes that the Mined Land Reclamation Act (34-32-101 et seq. ) and the <br /> Colorado Surface Coal Mining Reclamation Act (34-33-101 et seq. ) confer <br /> distinctive and sometimes different responsibilities upon the Board and the <br /> Division. <br /> NOW THEREFORE, the conditions of this obligation are such that, if the <br /> above-bonded Principal shall , in conducting such mining and reclamation <br /> operations , faithfully perform the requirements of the Plan , as amended from <br /> time to time, and comply with the conditions of the Permit and with all <br /> applicable laws and regulations of the State, and if the Board or the Division <br /> shall make a finding that the lands upon which such operations have been <br /> conducted have been satisfactorily reclaimed, end if the OSMRE shall concur <br /> with this finding, then the Board or the Division shall , upon receipt of a <br /> request for bond release on such lands or a request for partial release as to <br /> • any portion thereof, and upon the completion of applicable procedures of law <br /> and regulation governing release of bond, release the Principal and the surety <br /> to the extent that it determines such reclamation to have been accomplished. <br /> ADDITIONAL PROVISIONS <br /> ( 1 ) The amount of this bond is based upon estimates as to the cost of <br /> reclamation, and does not operate to liquidate, limit, enlarge , or restrict <br /> the Principal ' s obligations to complete the reclamation pian and to compiy in <br /> all respects with the Permit and with applicable laws and regulations <br /> governing reclamation, even though the actual cost thereof may substantially <br /> exceed the amount of this bond. <br /> (2) The surety shall not be liable under this bond for an amount <br /> greater than the sum designated in the first paragraph hereof, unless <br /> increased by a later amendment to this bond . This bond shall be reviewed by_ <br /> the Board or the Division from time to time , and with the knowledge of the <br /> OSMRE, the Board or the Division may require an increase in the principal sum <br /> of this bond (and a corresponding increase in the surety amount) to cover <br /> increases in the estimated costs of reclamation, but no such Increase shall <br /> bind the surety unless and until It shall have consented thereto in writing by <br /> the issuance of an aacitional surety bond or by an endorsement to this bond. <br />