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<br />shall either remove any or all such property or
<br />shall Continue to be liable for the cost of
<br />removal and disposal in the amount actually
<br />incurred by the lessor. If the surface is owned
<br />by third parties, lessor shall waive the
<br />requirement for removal, provided the third
<br />parties do not object to such waiver, Lessee
<br />shall prior to the termination of bond liability
<br />or at any other time when required and in
<br />accordance with all applicable laws and
<br />regulations, reclaim all lands the surface of
<br />which has been disturbed, dispose of all debris
<br />or solid waste, repair the offsite and onsite
<br />damage caused by lessee's activity or activities
<br />incidental thereto, and reclaim access roads or
<br />trails.
<br />Sec. 11. PROCEEDINGS IN CASE OF DEFAULT - If
<br />lessee fails to comply with applicable laws,
<br />existing regulations, or the terms, conditions
<br />and stipulations of this lease, and the
<br />noncompliance continues for 30 days after written
<br />notice thereof, this lease shall be subject to
<br />cancellation by the lessor only by judicial
<br />proceedings. This provision shall not be
<br />construed to prevent the exercise by lessor of
<br />any other legal and equitable remedy, including
<br />waiver of the default. Any such remedy or waiver
<br />shall not prevent later cancellation for the same
<br />default occurring at any other time.
<br />Sec. 12. HEIRS AND SUCCESSORS-IN-INTEREST - Each
<br />obligation of this lease shall extend to and be
<br />binding upon, and every benefit hereof shall
<br />inure to Che heirs, executors, administrators,
<br />successors, or assigns of the respective parties
<br />hereto,
<br />Sec. 13. INDEMNIFICATION - Lessee shall indemnify
<br />and hold harmless the United States from any and
<br />all claims arising out of the lessee's activities
<br />and operations under this lease.
<br />Sec. 14. SPECIAL STATUTES - This lease is aubj ect
<br />to the Federal Water Pollution Control Act (33
<br />U.S.C. 1151-1175), the Clean Air Act (42 U.S.C.
<br />1857 et. seq.), and to all other applicable laws
<br />pertaining to exploration activities, mining
<br />operations and reclamation, including the Surface
<br />Mining Control and Reclamation Act of 1977 (30
<br />U.S.C. 1201 et, seq.).
<br />Sec. 15. SPECIAL STIPULATIONS - (a) CULTURAL
<br />RESOURCES. (1) Before undertaking any actiVitieB
<br />that may disturb the surface of the leased lands,
<br />lessee shall conduct a cultural resource
<br />intensive field inventory in a manner specified
<br />by the Authorized Officer (AO) of the BLM or of
<br />the surface managing agency, if different, on
<br />portions of the mine plan area and adjacent
<br />areas, or exploration plan area that may be
<br />adversely affected by lease-related activities
<br />and which were not previously inventoried at such
<br />a level of intensity. The inventory shall be
<br />conducted by a qualified professional cultural
<br />resource specialist (i.e., archaeologist,
<br />historian, or historical architect, as
<br />appropriate) approved by the AO of the surface
<br />managing agency (ELM if the surface is privately
<br />owned), and a report of the inventory and
<br />recommendations for protecting any cultural
<br />resources identified shall be submitted to the
<br />Regional Director of the Office of Surface
<br />Mining, the BLM authorized officer, if activities
<br />are associated with coal exploration outside an
<br />approved mining permit area, and the AO of the
<br />surface managing agency, if different. Lessee
<br />shall undertake measures in accordance with
<br />instructions from the Regional Director, or AO,
<br />to protect cultural resources on the leased
<br />lands. Lessee shall not commence the surface
<br />disturbing activities until permission to proceed
<br />is given by the Regional Director or the AO.
<br />(2) Lessee shall protect all known
<br />cultural resource properties within the lease
<br />area from lease-related activities until the
<br />cultural resource mitigation measures can be
<br />implemented as part of an approved mining and
<br />reclamation plan or exploration plan.
<br />(3) The cost of conducting the inventory,
<br />preparing reports, and carrying out mitigation
<br />measures shall be borne by lessee.
<br />(4) If cultural resources are discovered
<br />during operations under this lease, lessee shall
<br />immediately bring them to the attention of the
<br />Regional Director or the AO of the surface
<br />managing agency, if the Regional Director is not
<br />available. Lessee shall not disturb such
<br />resources except as may be subsequently
<br />authorized by the Regional Director or the AO.
<br />Within two (2) working days of notification, the
<br />Regional Director or the AO will evaluate or have
<br />evaluated any cultural resources discovered and
<br />will determine if any action may be required to
<br />protect or preserve such discoveries. Cost of
<br />data recovery for cultural resources discovered
<br />during lease operations shall be borne by the
<br />surface managing agency unless otherwise
<br />specified by the AO of the BLM or of the surface
<br />managing agency, if different.
<br />(5) All cultural resources shall remain
<br />under the jurisdiction of the United States until
<br />ownership is determined under applicable law.
<br />(b) PALEONTOLOGICAL RESOURCES. (1) Before
<br />undertaking any activities that may disturb the
<br />surface of the leased lands, lessee shall contact
<br />the BLM AO to determine whether lessee will be
<br />required to conduct a paleontological appraisal
<br />of the mine plan and adjacent areas, or
<br />exploration plan areas that may be adversely
<br />affected by lease-related activities. If the AO
<br />determines that one is necessary, the
<br />paleontological appraisal shall be conducted by
<br />a qualified paleontologist approved by the AO of
<br />the surface managing agency (BLM if the surface
<br />is privately owned) , and in the manner the AO
<br />specifies.
<br />(2) Lessee shall submit an appraisal
<br />report, including recommendations for protecting
<br />any larger and more conspicuous fossils of
<br />significant scientific interest identified on the
<br />leased lands to the AO of the surface managing
<br />agency (BLM if the surface is privately owned).
<br />When necessary to protect and collect the larger
<br />and more conspicuous fossils of significant
<br />scientific interest on the leased lands, the
<br />lessee shall undertake the measures provided in
<br />the approval of the mining and reclamation plan
<br />or exploration plan.
<br />(3) Lessee shall not knowingly disturb,
<br />alter, destroy or take any larger and more
<br />conspicuous fossils of significant scientific
<br />interest, and shall protect all such fossils in
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