PERMFILE51510

• Permit No: C1981020A
• IBM Index Class Name: Permit File
• Doc Date: 5/13/2002
• Section_Exhibit Name: APPENDIX C Right of Entry and Operation Information
• Media Type: D
• Archive: Yes

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"•nrker , except in ~ •s of r ergency; ~ employ no
bpy under the age or sixtee,. .nd no girt or woman,
without regard to age, in any mine below the surface;
unless the laws of the State otherwise provide, in which
case the Slate laws control.
(m)~Taxes. To pay when due, ell taxes ]awfully
assessed and levied under the laws of the State or the
United States upon improvements, output of mines, or
other rights, property, or assets of the lessee.
(n) Overriding royalties. Not to create, by assign-
ment or otherwise, en overriding royalty interest in
excess of 50 percent o[ the rate of royalty first payable
to ]fie United States under this lease or an overriding
royalty interest which when added to any other out-
standing overriding royalty interest exceeds that per-
centage, excepting, that where an interest in the lease-
hold or in an operating agreement is assigned, the
assignor may retain an overriding royalty interest in
excess of the above limitation if he shows to the
satisfaction of the Bureau of Land Management, that he
has made substantial investments for improvements on
the land covered by the assignment.
(o) Delivery of premises in case of forfeiture. In
case of forfeiture of this lease, to deliver up to the
lessor in good order and condition the land leased, in-
cluding all buildings, and underground timbering and
such other supports and structures as are necessary [or
the preservation of the mine or deposit:
Sec. 3. The lessor expressly reserves:
(a) Rights reserved. The right to permit for joint
or several use such easements or rights-of-way, in-
cluding~easements in tunnels upon, through, or in the
lend leased, occupied, or used as may be necessary ar
appropriate to the waking of the same or other lands
containing the deposits described in the act, end the
treatment and shipmeht :of the products thereof by or
under authority of, the Government, its lessees or
permitlees, and for other public purposes.
(h) Disposition of surface. The right to lease,
sell, or otherwise dispose of the surface of the leased
lands under existing law or laws hereafter enacted, in-
sofar as said surface is not necessary for the use of the
lessee in the extraction and cemoval of the coal therein,
or to dispose of any resource in such lands which will
not unreasonably interfere with operations under this
lease.
(c) Monopoly and fair prices. Full power and
authority to promulgate and enforce all the provisions of
section 30 of the act to insure the sale of the production
of said leased lands to the United States end to the
public at reasonable prices, to prevent monopoly, and
to safeguard the public welfare.
(d) Readjustment of terms. The right reasonably
to readjust and fix royalties payable hereunder and other
terms and conditions at the end of 20 years from the
' date hereof and thereafter at the end of each succeeding
20-year period during the continuance of this lease
unless otherwise provided by law at the time of the ex-
piration of any such period, Unless the lessee files
objections to the proposed terms or a relinquishment of
the lease within 30 days after receipt of the notice of
proposed terms fore 20-year period, he will be deemed
~~ to have agreed to such terms.
(e) Waiver of conditions. The right to waive any
breach of the conditions contained herein, except the
breach of such conditions as are required by tfie act,
but any such waiver shall extend only to the particular
breach so waived and shall not limit the rights of the
lessor with rr act to en~ ue breach; nor shall the
waiver of a j, .icular cause of forfeiture prevent can-
cellation of this lease for any other cause, or [or the
same cause occurring at another time.
Sec. 4. Relinquishment of lease. Upon a satisfactory
showing that the public interest will not be impaired,
the lessee may surrender the entire lease or any legal
subdivision thereof. A relinquishment mus! be filed in
duplicate in the appropriate land o([ice. Upon its
acceptance it shall be effective as of the date it is
filed, subject to the continued obligation of the lessee
and his surety to make payment o[ all accrued rentals
and royalties and to provide for the preservation of any
mines or productive works or permanent improvements
on the leased lands in accordance with the regulations
and terms of the lease.
Sec. S. Protection of the surface, natural resources,
and improvements. The lessee agrees to take such rea-
sonable steps as may be needed to prevent operations,
including operation of operating plants on the leased
premises, from unnecessarily: (1) causing or contrib-
uting to soil erosion or damaging any forage and timber
growth on the leased lands or on Federal or non-Federal
lands in the vicinity; (2) polluting air and water; (3)
damaging crops, including forage, timber, or improve-
ments of a surface owner; (4) damaging improvements
whether owned by the United States or by its pennittees
or lessees; or (5) destroying, damaging, or removing fos-
sils, historic or prehistoric ruins, or artifacts; and upon
any partial oc total relinquishment or the cancellation
or expiration of this lease, or at any other. time prior
thereto when required and to the extent deemed neces-
sary by the lessor to fill any sump holes, ditches, and
other excavations, remove or cover all debris, and, so
far as reasonably possible, restore the surface oEthe
leased land and access roads to its former condition,
including the removal of structures as and if required.
The lessor may prescribe the steps to be taken and res-
toration to be made with respect to the leased lands
and improvements thereon, whether or not owned by the
United States.
Sec. 6. Removal of equipment, e[c., on termination of
lease. Upon termination of this lease, by surrender or
forfeiture, the lessee shall have the privilege at any
time within a period of 90 days thereafter of removing
from the premises all machinery, equipment, tools and
materials, except underground timbering placed by the
lessee in or on the leased lands, which are necessary
for the preservation of the mine. Any materials, tools,
appliances, machinery, structures, and equipment,
subject to removal as above provided, which are allowed
to remain on the leased. lands shall become the property
of the lessor on expiration of the 90-day period or such
extension thereof as may be wanted because of adverse
climatic conditions, ~but•ihe lessee shall remove any or
ell of such property where so duetted by the lessor.
Sec. 7. Proceedings in case o/ default. If the lessee
shall not comply with any of the provisions of the act
or the regulations thereunder or default in the perform- _ _
ante or observance o[ any of the provisions of this
lease, and such default shall continue for a period of
30 days after service of written notice thereof by the
lessor, the lessor may institute appropriate proceedings
in a court of competent jurisdiction for the forfeiture
and cancellation of this lease as provided in section 31
of the act If the lessee fails to take prompt and nec-
essary steps to prevent loss or damage to the mine,
property, or premises, or danger to the employees, the
lessor may enter on the premises and take such meas-
ures as may be deemed necessary to prevent such loss
or damage or to correct the dangerous or unsafe con-~
dition of the mine or works thereof, which shell be at
the expense of the lessee. However, the lessee shall