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<br />tools, and materials remaining on the leased lands beyond
<br />180 days, or approved extension thereof, shall become the
<br />property of the Lessor, but Lessee shall either remove any
<br />or all such property or shall continue to be liable for
<br />the cost of removal and disposal in the amount actually
<br />incurred by the Lessor. If the surface is owned by third
<br />parties, Lessor shall waive the requirement for removal,
<br />provitled the third parties do not object to such waiver.
<br />Lessee shall, prior to the termination of bond liability
<br />or at any other time when required and in accordance with
<br />all applicable laws and tegulations, reclaim all lands the
<br />surface of which has been distu r6ed, dispose of all debris
<br />or solid waste, repair [he otfsite and onsite damage
<br />caused by Lessee's activity or activities incidental
<br />thereto, and reclaim access roads or trails.
<br />Sec. 11. PROCEEDINGS IN GSE OF DEFAULT - If Lessee fails
<br />to comply wrth applicable laws, existing regulations, or
<br />the terms, conditions and stipulations of this lease, and
<br />the noncompliance continues for 30 days after written
<br />notice thereof, thrs lease shall De subject to
<br />cancellation by the Lessor only by judicial proceedings.
<br />This provision shall not be construed to prevent the
<br />exercise by Lessor of any other legal and equitable
<br />remedy, including waiver of the default. Any such remedy
<br />or waiver shall not prevent later cancellation for the
<br />same default occurring at any other time.
<br />(3) Lessee shall protect all known cultural
<br />resource properties within the lease area from lease-
<br />related activities until cultural resources avoidance of
<br />mitigation measures can De implemented as part of an
<br />approved exploration plan or an approved mining and
<br />exploration plan.
<br />(4) The cost of conducting the inventory,
<br />preparing reports, and carrying out mitiga lion measures
<br />shall be borne by lessee.
<br />~5) If cultural resources are discovered during
<br />operations under this lease, lessee shall immediately
<br />notify the authorizetl officer of the BLH or OSM. Lessee
<br />shall not disturb such discovered resources except as
<br />subsequently authorized. witRin two (2) working tlays of
<br />notification, the authorized officer will evaluate, or
<br />have evaluated, any cultural resources discovered and will
<br />determine if any action may be required to protect or
<br />preserve such discoveries. Cost of data recovery for
<br />cultural resources discovered during lease operations
<br />shall be borne by the surface managing agency unless
<br />otherwise specified by Che BLM authorized officer.
<br />(6) All cultural resources discovered shall remain
<br />under the jurisdiction of the United States until
<br />ownership is determined under applicable law.
<br />Sae. 12. HEIRS AND SUCCESSORS - IN-INTEREST - Each
<br />obligation of this lease shall extend to and be binding
<br />upon, and every benefit hereof shall insure to, the heirs,
<br />executors, administrators, successors, or assigns of the
<br />respective parties hereto.
<br />Sec. 13. INDElpII FICTION - Lessee shall indemnify and
<br />hold harmless the United States from any and all claims
<br />arising out of the Lessee's activities and operations
<br />under this lease.
<br />SeC. ld. SPECIAL STATUTES - This lease is Subject t0 the
<br />Federal wacer Pollution Control Act (37 U.S.C. 1151 -
<br />1175): the Clean Air ACC (42 U.S.C. 1857 et seq.), and t0
<br />all other applicable laws pertaining to exploration
<br />activities, mining operations and reclamation, including
<br />the Surface Mining Control and Reclamation Act of 1977 (30
<br />U.S.C. 1201 et seg.)
<br />Sac. 15. SPECIAL STIPULATIONS - This lease is subject to
<br />special stipulations ~a) Cultural Resources, Ib)
<br />Pa leon[ological Resources, and (c) Subsidence which are
<br />incorporated into and made a part of the terms antl
<br />conditions Eor all lands included in modified coal lease
<br />COC 60991.
<br />(a) Cultural Resources. (1) Before beginning
<br />any surface disturbing activities on the leased lands,
<br />lessee shall conduct a cultural resource Intensive fieltl
<br />inventory on [hose portions of the mine plan area and
<br />adjacent areas, or exploration plan area, which may be
<br />adversely affected by lease-related activities and which
<br />were not previously inventoried at such a level of
<br />intensity. The inventory shall be conducted by a
<br />qualified professional cultural resource specialist (i.e.,
<br />archaeologist or historian, as appropriate) approvetl by
<br />the authorized officer of the Bureau of Land Management
<br />(BLM) and shall be conducted in [he manner that the
<br />authorizetl officer specifies,
<br />(2) Lessee shall submit an inventory report,
<br />including reco~mnenda lions for protecting any significant
<br />cultural resources, [o Che Reglonal Dl rector, Western
<br />Regional Coordinating Center, Office of Surface Mining
<br />(OSM), and the BLM authorized officer. Lessee shall not
<br />begrn surface disturbing activities until permission to
<br />proceed is given by the approp gate authorized officer.
<br />(b) Pelson tologicel Rasourcas. (1) Before
<br />beginning surface disturbing activities on the leased
<br />lands, lessee shall contact the BLM authorized officer to
<br />determine whether lessee will be required to conduct a
<br />paleontological appraisal of lease areas that may be
<br />adve csely affected by lease-related activities. Any
<br />paleontological appraisal required shall be conducted by
<br />a qualified paleontologist approved by the BLM authorized
<br />officer and in the manner the authorized officer
<br />specrfies.
<br />(2) Lessee shall submit an appraisal report,
<br />including recommendations for protecting any larger and
<br />more conspicuous fossils of significant scientific
<br />interest identified on the leased lands to the BLM
<br />authorized officer.
<br />(3~ If any such fossils are discovered during
<br />operations under this lease, lessee shall invnediately
<br />notify the authorized officer of the BLM or OSH.
<br />Operations may continue as long as the fossil specimen(s)
<br />would not be seriously damaged or destroyed by the
<br />activity. within five (6) working days of no [ification,
<br />the authorized officer of the eLM or OSM shall evaluate or
<br />have evaluated such discoveries and shall notify Che
<br />lessee what action shall be taken with respect to such
<br />discoveries.
<br />(4) Lessee shall not knowingly disturb, alter,
<br />destroy, or take any larger and more conspicuous fossils
<br />of significant scienti Eic interest and shall protect all
<br />such fossils in conformance with the measures included in
<br />the approved mining and reclamation plan or exploration
<br />plan.
<br />(5) These conditions apply to all such fossils of
<br />significant scientific interest discoveretl within the
<br />leased lands, whether discovered in the overburden,
<br />interburde n, or coal seam or seams.
<br />(6) All fossils of significant scientific interest
<br />shall remain under the jurisdiction of the United States
<br />until ownership is determined under applicable law.
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