PERMFILE52088

• Permit No: C1981019A
• IBM Index Class Name: Permit File
• Doc Date: 10/11/2005
• Section_Exhibit Name: Exhibit 1 Documents and Leases
• Media Type: D
• Archive: Yes

I•

•
scientific interest, and shall protect all such fossils in
conformance with the measures included in the approval of [he
mining and reclamation plan or exploration plan.
(4) Lessee shall immediately bring any such fossils [ha[
might be altered or destroyed by his operation to the attention of
the Regional Director or the District Mining Supervisor, as
appropriate. Operations may continue as long as the fossil
specimen(s) would not be seriously damaged or destroyed by the
activity. Within five (5) working days of notification, the
Regional Director or [he District Mining Supervisor, as
appropriate, shall evaluate or have evaluated such discoveries
brought to his attention and shall notify the lessee what action
shall be taken with respect to such discoveries.
(5) These conditions apply [o all such fossils of
significant scientific interest discovered within the leased lands,
whether discovered in the overburden, interburden, or coal seam
or seams.
(6) All such fossils of significant scientific interest shall
remain under thejurisdiction of the United States until ownership
is determined under applicable law. Copies of all
paleontological resource data generated as a result of [he lease
term requirements will be provided to the Regional Director or
[he District Mining Supervisor, as appropriate.
(7) The cost of any required salvage of such fossils shall
be borne by the United States.
(i) RESOURCE RECOVERY AND PROTECTION.
(1) Notwithstanding the approval of a resource recovery and
protection plan (R2P2) by the BLM, lessor reserves the right to
seek damages against the operator/lessee in the event (i) the
operator/lessee fails to achieve maximum economic recovery
(MER) (as defined at 43 CFR 3480.0-5(21) of the recoverable
coal reserves or (ii) the operator lessee is determined to have
caused a wasting ofrecoverable coal reserves. Damages shall be
measured on the basis of the royalty that would have been
payable on the wasted or unrecovered coal.
(2) The parties recognize that under an approved R2P2,
conditions may require a modification by the operator/lessee of
that plan. In the event a coalbed or portion thereof is not to be
mined or is rendered unmineable by the operation, [he
operator/lessee shall submit appropriate justification to obtain
approval by the AO to leave such reserves unmined. Upon
approval by the AO, such coalbeds or portions thereof shall not
be subject to damages as described above. Further, nothing in
[his section shall prevent the operatorAessee Crom exercising its
right to relinquish all or portion of the lease as authorized by
statute and regulation.
(3) In the event the AO determines that the R2P2, as
approved, will not attain MER as the result of changed
conditions, the AO will give proper notice to the operator/lessee
as required under applicable regulations. The AO will order a
modification if necessary, identifying additional reserves to be
mined in order to attain MER. Upon a final administrative or
judicial ruling upholding such an ordered modification, any
reserves left unmined (wasted) under that plan will be subject to
damages as described in the first paragraph under this section.
(4) Subject to the right to appeal hereinafter set forth,
payment of the value of the royalty on such unmined recoverable
coal reserves shall become due and payable upon determination
by the AO that the coal reserves have been rendered unmineable
or a[ such time that the operatorAessee has demonstrated an
unwillingness to extract [he coal.
(5) The BLM may enforce this provision either by
issuing a written decision requiring payment of the MMS demand
for such royalties, or by issuing a notice of non-compliance. A
decision of notice of non-compliance issued by the lessor that
payment is due under this stipulation is appealable as allowed by
law.
3 r)
_.~ --.
.y
The United States of America ~'~ ~ -
Colowyo Coal Gomyar~, ~.~
(Company o ssee Name)
By
(Signature of Lessee)
V.P. 0~ CaDWVD ~0(J7!'FtDIIS
M~~.~~ (Title)
V'1 (Date)
~ _._~
.. ~)
dim'. ~'
Ry Lr¢.~ ~h ~. a r l
(Signing O~icer) ~~
~~ ,~ ~e~ ~ ti1.•.,,~.49~.
g~~'~
(Date)
Title 18 U.S.C. Section 1001, makes it a crime for any person knowingly and willfully to make to any department or agency of the United
States any false, fictitious or fraudulent statements or representations as to any matter within its jurisdiction.