285.529—Can I use a lease- or grant-specific decommissioning account to meet the financial assurance requirements related to decommissioning?
(a)
In lieu of a surety bond, MMS may authorize you to establish a lease-, ROW grant-, or RUE grant-specific decommissioning account in a federally-insured institution. The funds may not be withdrawn from the account without our written approval.
(1)
The funds must be payable to MMS and pledged to meet your lease or grant decommissioning and site clearance obligations; and
(2)
You must fully fund the account within the time MMS prescribes to cover all costs of decommissioning including site clearance. The MMS will estimate the cost of decommissioning, including site clearance.
(b)
Any interest paid on the account will be treated as account funds unless we authorize in writing that any interest be paid to the depositor.
(c)
We may allow you to pledge Treasury securities, payable to MMS on demand, to satisfy your obligation to make payments into the account. Acceptable Treasury securities and their collateral value are determined in accordance with 31 CFR part 203, Collateral Margins Table (which can be found at http://www.treasurydirect.gov ).
(d)
We may require you to commit a specified stream of revenues as payment into the account so that the account will be fully funded, as prescribed in paragraph (a)(2) of this section. The commitment may include revenue from other operations.