This section defines the terms and conditions under which BOEM will terminate the period of liability of a bond or cancel a bond. Terminating the period of liability of a bond ends the period during which obligations continue to accrue but does not relieve the surety of the responsibility for obligations that accrued during the period of liability. Canceling a bond relieves the surety of all liability. The liabilities that accrue during a period of liability include obligations that started to accrue prior to the beginning of the period of liability and had not been met and obligations that begin accruing during the period of liability.
(a) When the surety under your bond requests termination:
(1) The Regional Director will terminate the period of liability under your bond within 90 days after BOEM receives the request; and
(2) If you intend to continue operations, or have not met all end of lease obligations, you must provide a replacement bond of an equivalent amount.
(b) If you provide a replacement bond, the Regional Director will cancel your previous bond and the surety that provided your previous bond will not retain any liability, provided that:
(1) The new bond is equal to or greater than the bond that was terminated, or you provide an alternative form of security, and the Regional Director determines that the alternative form of security provides a level of security equal to or greater than that provided for by the bond that was terminated;
(2) For a base bond submitted under Sec. 556.52(a) or under Sec. 556.53(a) or (b), the surety issuing the new bond agrees to assume all outstanding liabilities that accrued during the period of liability that was terminated; and
(3) For supplemental bonds submitted under Sec. 556.53(d), the surety issuing the new supplemental bond agrees to assume that portion of the outstanding liabilities that accrued during the period of liability which was terminated and that the Regional Director determines may exceed the coverage of the base bond, and of which the Regional Director notifies the provider of the bond.
(c) This paragraph applies if the period of liability is terminated for a bond but the bond is not replaced by a bond of an equivalent amount. The surety that provided your terminated bond will continue to be responsible for accrued obligations:
(1) Until the obligations are satisfied; and
(2) For additional periods of time in accordance with paragraph (d) of this section.
(d) When your lease expires or is terminated, the surety that issued a bond will continue to be responsible, and the Regional Director will retain other forms of security as shown in the following table: ------------------------------------------------------------------------
For the following type of The period of Your bond will be
(1) Base bonds submitted When the Regional Seven years after
under Sec. 556.52(a), Director determines the termination of
Sec. 556.53(a), or (b), that you have met the lease, 6 years
all of your after completion of
obligations under all bonded
the lease, obligations, or at
the conclusion of
any appeals or
litigation related
to your bonded
obligation,
whichever is the
latest. The
Regional Director
will reduce the
amount of your bond
or return a portion
of your security if
the Regional
Director determines
that you need less
than the full
amount of the base
bond to meet any
possible future
problems.(2) Supplemental bonds When the Regional When you meet your
submitted under Sec. Director determines bonded obligations,
556.53(d), that you have met unless the Regional
all your Director:
obligations covered
by the supplemental
bond,
(i) Determines that
the future
potential liability
resulting from any
undetected problems
is greater than the
amount of the base
bond; and
(ii) Notifies the
provider of the
bond that the
Regional Director
will wait 7 years
before cancelling
all or a part of
the bond (or longer
period as necessary
to complete any
appeals or judicial
litigation related
to your bonding
obligation).------------------------------------------------------------------------
(e) For all bonds, the Regional Director may reinstate your bond as if no cancellation or release had occurred if:
(1) A person makes a payment under the lease and the payment is rescinded or must be repaid by the recipient because the person making the payment is insolvent, bankrupt, subject to reorganization, or placed in receivership; or
(2) The responsible party represents to BOEM that it has discharged its obligations under the lease, and the representation was materially false when the bond was canceled or released.