PERMFILE59467

• Permit No: C1981026
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Doc Name: FEDERAL COAL LEASE
• Section_Exhibit Name: APPENDIX K
• Media Type: D
• Archive: No

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~b) If the lessee Eiles objections to the proposed readjusted conditions, the
eristing conditions shall remain in effect until t}iere has been an agreement between
the lessor and the lessee on the new conditions to be incorporated in the lease,
or until the lessee has exhausted his rights of appeal under Section 31 of [his
lease, or until the lease is relinquished, except that the authorized officer may
provide in the notice of readjusted lease terms that the readjustment or any part
thereof is effective pending the outcome of the appeal. If the readjusted royalty
provisions are subsequently rescinded or amended, the lessee shall be permitted
to credit any excess royalty pa}'ments against royalties subsequently due to [he
lessor.
Sec. 24. DELIVERY OF PRII~fISES - Upon termination of this lease for any reason or
relinquishment of a part of this lease, the lessee shall deliver to the lessor in good
order and condition all or the appropriate part of leased lands. Delivery of the
leased lands shall include underground timbering and such other supports and structures
as are necessary for the preservation of the mine or deposit, and shall be in accordance
with all other applicable provisions of the regulations including 30 CFR 211 and Chapter VII,
for the completion of operations and abandonment.
Sec. 25. PROPRIETARY INFORMATION - Geological and geophysical data and information,
including maps, trade secrets, and commercial and financial information which the lessor
obtains from the lessee shall be treated in accordance with 43 CFR Part 2, 30 CFR 211.6
and other applicable regulations. Total lease reserve figures davelopad :,-;.w :.his
information will not be confidential.
•Sec. 26. LESSEE'S LIABILITY TO LESSOR - (a) The lessee shall be liable to the United
States for any damage suffered by the United States in any way arising from or connected
with the lessee's activities and operations under this lease, except where damage is
paused by employees of the United States acting within the scope of their authority.
(b) The lessee shall indemnify and hold harmless the United States from an}• and all claims
arising from or connected with the lessee's activities and operations under this lease.
(c) In any case where liabilit}• without fault is imposed on the lessee pursuant to ti~is
section, and the damages involved were caused by the action of a third party, the rules
of subrogation shall apply in accordance with the law of Che jurisdiction where the
damages occurred.
Sec. 27. INSPECTIONS AND INVESTIGATIONS - (a) All books and records maintained b}'
the lessee showing information required by this lease or regulations must be kept
current and in such manner that the books and records can be readily checked at the
mine, upon request, by the Regional Director or District Mining Supervisor or their
representative.
(b) The lessee shall permit any duly authorized officer or representative of the
lessor at any reasonable time (1) to inspect or investigate the leased lands, the
exploration and mining and reclamation operations, and all surface and underground
improvements, works, machinery, and equipment, and all books and records pertaining
to the lessee's obligations to the lessor under this lease and regulations; and (2)
to copy, and make extracts from any such books and records.
~ec. 28. UNLAWFUL INTEREST - No member of, or Delegate to, Congress, or Resident
Commissioner, after his election or appointment, either before or after he has
qualified and during his continuance in office, and no officer or employee of the
Depar~ent of the Interior, except ns provided in 43 CFR 7.4(a)(3), shall hold any
share or part in this lease or derive any benefit therefrom. The provisions of
Section 3741 of the Revised Statutes, as amended, 41 U.S.C. Section 22, and the Act
of June 25, 1948, 62 Stat. 702, as amended. 18 U.S.C. Sections 431-433, relating to
contracts, enter into and form a part of this lease insofar as they may be applicable.
Sec. 29. APPALS - The lessee shall have the right to appeal (a) under 43 CFR 3000.4
from an action or decision of any official of the Bureau of Land Ptanagemen[, (b)
under 30 CFR 290 from an action, order, or decision of any official of the United
Slates Geological Survey, of (c) under applicable regulations from an}• action or
decision of any ocher official of the Department of [he Incerlor arising in connection
with this lease, including any action or decision pursuant to Section 23 of ti~is
lease with respect [o [he readjustment of conditions.
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