Lessee will comply with all provisions of Executive Order
<br />No. 11246 of September 24,1965, as amended, and the rules,
<br />regulations, and relevant orders of the Secretary of Labor.
<br />Neither lessee nor lessee's subcontractors should maintain
<br />segregated facilities.
<br />Sec. 9. (a) TRANSFERS —
<br />O This lease may be transferred in whole or in part to any
<br />person, association or corporation qualified to hold such
<br />lease interest.
<br />❑ This lease may be transferred in whole or in part to
<br />another public body or to a person who will mine coal
<br />on behalf of, and for the use of, the public body or to a
<br />person who for the limited purpose of creating a security
<br />interest in favor of a lender agrees to be obligated to
<br />mine the coal on behalf of the public body.
<br />❑ This lease may only be transferred in whole or in part to
<br />another small business qualified under 13 CFR 121.
<br />Transfers of record title, working or royalty interest must be
<br />approved in accordance with the regulations.
<br />(b) RELINQUISHMENT - The lessee may relinquish in
<br />writing at any time all rights under this lease or any portion
<br />thereof as provided in the regulations. Upon lessor's
<br />acceptance of the relinquishment, lessee will be relieved of all
<br />future obligations under the lease or the relinquished portion
<br />thereof, whichever is applicable.
<br />Sec. 10. DELIVERY OF PREMISES, REMOVAL OF
<br />MACHINERY, EQUIPMENT, ETC. - At such time as all
<br />portions of this lease are returned to lessor, lessee must deliver
<br />up to lessor the land leased, underground timbering, and such
<br />other supports and structures necessary for the preservation of
<br />the mine workings on the leased premises or deposits and place
<br />all workings in condition for suspension or abandonment.
<br />Within 180 days thereof, lessee must remove from the
<br />premises all other structures, machinery, equipment, tools, and
<br />materials that it elects to or as required by the BLM. Any such
<br />structures, machinery, equipment, tools, and materials
<br />remaining on the leased lands beyond 180 days, or approved
<br />extension thereof, will become the property of the lessor, but
<br />lessee may either remove any or all such property or continue
<br />to be liable for the cost of removal and disposal in the amount
<br />actually incurred by the lessor. If the surface is owned by third
<br />parties, lessor will waive the requirement for removal,
<br />provided the third parties do not object to such waiver. Lessee
<br />must, prior to the termination of bond liability or at any other
<br />time when required and in accordance with all applicable laws
<br />and regulations, reclaim all lands the surface of which has been
<br />disturbed, dispose of all debris or solid waste, repair the offsite
<br />and onsite damage caused by lessee's activity or activities
<br />incidental thereto, and reclaim access roads or trails.
<br />Sec. 11. PROCEEDINGS IN CASE OF DF,FAULT - If lessee
<br />fails to comply with applicable laws, existing regulations, or
<br />the terms, conditions and stipulations of this lease, and the
<br />noncompliance continues for 30 days after written notice
<br />thereof, this lease will be subject to cancellation by the lessor
<br />only by judicial proceedings. This provision will not be
<br />construed to prevent the exercise by lessor of any other legal
<br />and equitable remedy, including waiver of the default. Any
<br />such remedy or waiver will not prevent later cancellation for
<br />the same default occurring at any other time.
<br />Sec. 12. HEIRS AND SUCCESSORS -IN -INTEREST - Each
<br />obligation of this lease will extend to and be binding upon, and
<br />every benefit hereof will inure to, the heirs, executors,
<br />administrators, successors, or assigns of the respective parties
<br />hereto.
<br />Sec. 13. INDEMNIFICATION - Lessee must indemnify and
<br />hold harmless the United States from any and all claims arising
<br />out of the lessee's activities and operations under this lease.
<br />Sec. 14. SPECIAL STATUTES - This lease is subject to the
<br />Clean Water Act (33 U.S.C. 1252 et seq.), the Clean Air Act
<br />(42 U.S.C. 4274 et seq.), and to all other applicable laws
<br />pertaining to exploration activities, mining operations and
<br />reclamation, including the Surface Mining Control and
<br />Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).
<br />Sec. 15. SPECIAL STIPULATIONS
<br />(a) All stipulations concerning compliance with the
<br />requirements of the Surface Mining Control and Reclamation
<br />Act will be included in the document approving the mining
<br />plan.
<br />(b) The lessee shall be required to mitigate for mule deer, elk,
<br />antelope, and sharp -tail grouse habitat loss where applicable
<br />and the resultant loss or displacement of these species, as key
<br />indicator species, due to surface coal mining operations.
<br />Concurrently with the filing of its mine plan, the lessee shall
<br />submit for approval to the BLM, a habitat recovery and
<br />replacement plan for protection or enhancement of mule deer,
<br />elk, antelope, and sage grouse populations affected by habitat
<br />loss or displacement from historic habitat.
<br />The habitat recovery and replacement plan shall be developed
<br />in consultation with the BLM and the Colorado Division of
<br />Wildlife (CDOW) based on estimates of lost and disturbed
<br />habitat as described in the Green River -Hams Fork Coal final
<br />Environmental Impact Statement (EIS). If the mine plan
<br />submitted by the lessee indicates figures different from those
<br />used in the EIS as to quality and quantity of habitat lost or
<br />
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