PERMFILE62981

• Permit No: C1981020A
• IBM Index Class Name: Permit File
• Doc Date: 11/17/2004
• Section_Exhibit Name: Appendix C Right of Entry and Operation Information
• Media Type: D
• Archive: Yes

wakers, except in r •s of r rger,( employ na
boy under the age o. cixleen .d no sr., or women,
w ilhoul 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, all lexea'lewfully
assessed end levied under the laws o[ the State w the
United States upon improvements, output of mines, or
other rights, property, m assets of the lessee.
(n) Overriding roya!(ier. Not to create, by~dssign-
men( m otherwise, en overriding royalty interest in
excess of SO pertenl of the rate'of royalty first payable
to the United Slates under this lease or an overriding
royalty interest which when added to any other out-
standing overriding royalty interest extteds (fiat per-
. tentage, excepting, that where an interest in the lease-
hold m in an operating agreement is assigned, the
assignor may retain as overriding royalty interest in
excess of the above limitalloa A he shows to the
' satisfaction of the Bureau of land Management, that he
has made substantial investments fat improvements on
the lend covered 6y the assignment.
(o) Delivery o/ premises in case o/ forlailae. Ia
case of (mfeiturc of this lease, to deliver up to the
lessor in good order end conditiao the land leased, to-
cluding all buildings, end underground timbering end
such other supports amt structures ea are necessary for
the preservation o[ the mine or deposit.
$ec. 3. The lessor expressly reserves:
(a) Rigbts reserved. The right to permit for joint
or aeverai use such easements or rights-of-way, in-
cluding easements In tunnels upon, through, w in the
lard leased, occupied, w used as may bra necessary a
appropriate to the waking of the same or other lards
containing the deposits described in the act, and the
treatment end shipment 'of the products thereat by w
undm authority of the Government, Its lessees or
permittees, erd [a other public purposes.
(b) Disposition of sv/ace. The rigfit to lease,
i sell, or otherwise dispose o[ the awfett of the leased
lands under existing law mlaws hereafter enacted, lo-
• sofas as said surface fs not accessary for the use of the
Iecsee in the extraction end remove( of the coal therein,
a to dispose of any resowce in such (ands which will
not unreasonably Interfere wlt4 operations under this
leue.
' (c) Monopoly and fair pacer. Full power end
authority to promulgate and~enfmce ell the provisions of
section 30 of the eM to insure the sale o[ the produclioa
of said leased lends to the United Steles and to the
~, public et masonahle prices, to prevent monopoly, and
to safeguard the public welfare.
(d) Readjastmeat of terms. The right reasonably
la readjust and (ix royalties payable hereunder end other
terms and conditions a( the end of 20 years from the
dale hereof end t:ereafter al the end of each succeeding
20-year period dining the continuance of this lease
unless otherwise provided 6y law K the time of the ex-
piration of any such period. Unless the lessee files
objections to the proposed tttms w a relinquishment of
the lease within 30 days after rceeipt o[ the notlee of
proposed terms for a 26year period, he will 6e deemed
to Imve agreed to such terms.
(e) Waiver of conditions. The right to waive any
breach o[ the conditions contained herein, ercepl the
breach of such conditions es are required by the act,
but any such waiver shall extend only to the perticuler
breech so waived end shell not limit the rights of the
lessor with re• pct to rre breach; nor shall the
waiver o(e p tutor 'cause of forfeiture prevent can-
cellation of this lease (or any other cause, or for the
same cause occurring el another lime.
Sec. 4. Re[inquitbmenl o/ lease. Upon a satisfactory
showing that the public interest will not 6e impaired,
the lessee may swrcnder the entire lease or any legal
subdivision thereof. A relinquishment must 6e !fled in
duplicate in the appropriate land o[Gce. Upon its
acceptance It shell be effective es of the date it is
tiled, subject to the continued abligatioa o[ the lessee
and his surety to make payment of all accrued rentals
and royalties end to provide for the preservation of any
mines or productive works or permanent improvements
on the leased lands in accordance with the regulations
end terms of the lease.
Sec. S. Protection o/ the surface, natural resources,
and improvements. The lessee agrees to take such rea-
sonable steps es may be needed to prevent operations,
including operation of operating plants on the leased
premises, from unnecessarily: (I) causing or contrib-
uting to sail erosion or damaging any forage and timber
growth on the leased lands or on Federal or non-Federal
]ands in (fie vitiaity; (2) polluting air end water, (3)
' damaging crops, including forage, timber, or improve-
ments of a sudatt owner, (4) damaging improvements
whether owned by the United States or by its permittees
or lessees; or (5) destroying, damaging, or removing fos-
sils, historic or prehistoric ruins, or artifacts; and upon
any partial or total rclinquishmen[ or the cancellation
or expiration of this lease, or at any other Ume prior
thereto when required end 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 es reasonably passible, restore the surface o[lhe
leased land and access roads to its former condition,
including the removal of structures as end if required.
The lessor may prescribe the steps to be taken and res-
toration to 6e made with respect to the leased lends
and improvements thereon, whether or not owned by the
United States. .
Sac. 6. Ramous! of equipment, etc., on termimtion o/
(ease. Upon termination of this lease, 6y surtender m
forfeiture, the lessee shell have the privilege at .any
lime within a period of 90 days thereafter of removing
from the premises all machinery, equipment, tools end
materials, except underground timbering placed by the
lessee in or on the leased lands, which arc necessary
fa the preservation of the mine. Any materiels, tools,
appliances, machinery, structures, erd equipment,
subject to removal as above provided, which ere allowed
to remain on the leased lards shall become the property
a( the lessor on expiration of the 90-0ay period w such
extension thereof as may 6e granted because of adverse
climatic conditions, but the lessee shell remove any or
all of such property where co duetted by the lessor.
Sec. 7. Proceedings in case o/ de/aul(. I[ the lessee
shall not comply with any of the provisions o[ the act
or the_regulatio_n„thf[iunder~r,default-In-th•_-parform~---
ence or observance of any of the provisions of This
lease, end such default chell continue for a period of
30 days after service o[ written notice thereof by the
Iessm, the lessor may institute appropriate proceedings
in • court o[ competent jurisdiction for the [odeiture
amt cancellation of this lease es provided In section 31
of the act. 1[ the lessee fails to take prompt end nec-
essary steps to prevent loss or damage to the mine,
property, or premises, or Aenger to the employees, the
lessor may enter on the premises end take such meas-
ures es may be deemed necessary to prevent such loss
or damage or to correct the dangerous or unsafe con-
dition of the mine a works thereof, which shell be at
the expense o[ the lessee. However, the lessee shall.