§ 35-11-423 — Release of bonds

(a) No bond shall be finally released until the
reclamation program has been completed and approved by the
administrator. The director may retain a portion of the bond for
at least five (5) years as provided in W.S. 35-11-417, or for so
long thereafter as necessary to assure proper revegetation of
the reclaimed areas, as provided for in the operator's
reclamation plan.
(b) The retained portion of the bond may be returned to
the operator at an earlier date if a release signed by the
surface owner and approved by the administrator is obtained.
(c) When the operator has completed successfully all
surface mining and reclamation activities, he may request
release of the retained bond. Upon receipt of the notification
and request and within sixty (60) days, the administrator shall
inspect and evaluate the reclamation work and report his
findings to the director. If the director finds the reclamation
meets the requirements of this act, he shall notify the operator
and order the state treasurer to release that portion of the
final bond. The state treasurer shall then return the bond, cash
or securities constituting that portion of the bond so retained.
If the director does not approve of the reclamation performed by
the operator, he shall notify the operator by registered mail
within a reasonable time after the request is filed. The notice
shall state the reasons for denial and shall recommend
corrective actions. Upon correction of the noted deficiency, the
director shall order the state treasurer to release the bond,
cash or securities constituting that portion of the bond so
retained.
(d) The council shall promulgate rules and regulations
governing the release of bonds for surface coal mining
operations in compliance with P.L. 95-87 as that law is worded
on August 3, 1977, which shall be controlling notwithstanding
other provisions of W.S. 35-11-417 and 35-11-423 to the
contrary.