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Susan McCannon <br /> Page 2 <br /> April 15, 1998 <br /> Rule 3.04.2(4)(bond forfeiture) reads, <br /> "Said proceeds shall be used by the Division for reclamation of the area covered by the bond. <br /> Said reclamation shall include all costs and administrative expenses associated with the conduct <br /> of reclamation activities required to complete the applicable approved reclamation plan. <br /> Forfeited amounts received by the Division in excess of such costs and expenses shall be <br /> refunded to the permittee or to the surety, whichever is appropriate." <br /> Based on my reading of the Act and the rules, DMG should pursue recovery of administrative costs <br /> associated with reclamation. I could do further research into this. In particular, it might help to know <br /> what, if anything, the federal preamble says about this subject. It would also help to know if there <br /> have been any court rulings on this matter. Otherwise, if we tell OSM we can't pursue administrative <br /> costs, they may disagree <br /> I'd suggest we have the AG look into the court rulings and I read through some federal registers. <br /> On the other hand, if pursuing administrative costs is out of the question, I won't waste my time <br /> looking into this any further. Let me know what you think. <br /> 0 <br />