The penalty of the surety shall from time to time be increased or reduced by the Board of Minerals and Environment so that the bond covers the cost of reclamation which would accrue to the state, if the state were required to reclaim the affected areas within the permit or in accordance with the number of acres to which the bond is no longer operative because of the operator’s withdrawal of acreage or by reason of the operator’s performance of his or her obligations subsequent to the issuance of the permit.

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Source: SL 1982, ch 305, § 27; SL 2011, ch 165, § 201.