REV98716 - Laserfiche WebLink

Home Browse Search

Sec 6. DOCUMENTS. EVIDENCE AND INSPEC~-Atsuch times and in such form es lessor may prescribe, lessee shall furnish detailed statements showing the amounts end quality oC all products removed end sold from the lease, the proceeds therefrom, and the amount used for production purposes or unavoidably lost. Lessee shall keep open at a!I reasonable times for the inspectron of any duly authorized officer of lessor, the leased premises and all surface end underground improvements, works, machinery, ore stockpiles, equip menl, and all books, accounts, maps, and records relative to operations, su rvcys, or investigations tin or under the leased lands. Lessee shall allow lessor access to and copying of documents reason- ably necessary tb verity lessee compliance with terms end conditions of [he lease. While this lease remains in effect, information obtained under this section shall be Closed to inspection by the public in accordance with the Freedom o(Information At[ I5 U.S.C. 552). Sec 7. DAMAGES TO PROPERTY AND CONDUCT OF OPERATIONS - Lesseeshall comply el its own expense with all reasonable orders of the Secretary. respecting diligent operations, prevention of waste. and protection o[ other resuartes. Lessee shall not conductexploretion operations, other then casual use, without an approved ezp{uratian plan. All exploration plans prior to the commencement of mining operations within an approved mining permit area shell be submitted to the authorized officer. Lessee shell carry on ell operations in accordance with approved methods and practices as provided to the operating regulations. having due regard for the prevention of injury to life, health. or property. end prevention of waste, damage or degradation to any land, air, water, cultural. biological, visual, end other resources, including mineral depuslu and formations o(minerel deposits not leased hereunder, and to other land uses or users. Lessee shall take measures deemed necessary by lessor to accomplish the intent of thin lease term. Such measures may include, but are not limited to. modification to proposed slung or design of facilities, timing of operations, end specification oC mtenm and final reclamation procedures. Lessor reserves to itself the right to lease. sell, or otherwise dispose of the surface or other mineral dep,~si rs In the lands and the right to continue existing uses and to authorize future uses upon or in [he leased lands, including issuing leases for mineral deposits not covered hereunder and approving easements or rights-of-way. Lessor shall condition each uses to prevent unnecessary or unreasonable interference with rights of Vessee as may be consistent with concepts of multiple use and multiple mineral development. Sec. A. PROTECTION OF DIVERSE INTERESTS. AND EQUAL OPPORTU- Nliv -fusee shall : pay when due all taxes legally assessed and levied under the laws of the State or the United States: accord ell employees complete freedom of purchase; pay all wages atlases twice each month in lawful money of the United States: maintain a sate working environment in accordance with standard industry practices; restrict the workday to not more than 8 hours in any one day for underground workers, except in emergencies; and to ke measures necessary to protect the health end safety of the public. No peraon under the age of l6 yearn shall be employed in any mine below lfie surface. To the extent that laws of the State in which the lands ere situated ere more restrictive then the provisions in this paragraph, then the Slate laws apply. Lessee will comply with ell provisions of Executive Order No. 11246 of September 24, 1965, u amended. and the rules, regulations, end relevant orders of the Secretary of I~bor. Neither lessee nor lessee's subcontractors shell msintain segregated facilities. Sec. 9. le) TRANSFERS ® Thie lease me)• be transferred in whole or in part to any person, association or corporation qualified to hold such lease interest. ^ This lease may be transferred in whole or in part to another public body or to a person who will minethe coal on behelfof, end for the use af, the public body or to a person who for the limited purpose of creating a security interest in favor oCa lender agrees to be obligated to mine the coal on behel(o[ the public body. ^ Thie lease may only betransferred in whole ar in pert to another small business qualified under 13 CFR 12I. Transfers of recocd title, working or royalty interest must br approved in accordance with the regulations. (b) RELINQUISHMENT -The lessee may relinquish in writing at any time all rights under this lease or any portion thereof as provided in the regulations. Upon lessor's acceptance of the relinquishment, lessee shall be relieved of all future obligations under the lases or the relinquished portion thereat, whichever is applicable. Sec. I0. DELIVERY OF PREMISES. REMOVAL OF MACHINERY. EOUIP- MEN7, ETC. -Atsuch time as all portions of this lease are returned to {essor, lessee shall deliver up to lessor the land leased, underground timbering, end ouch other supports end structures necessary for the preservation of [he mine workings on the leased premises or deposits and plate all workings in condition for suspension or abandonment. Within I BO days thereof, lessee shall remove from [h a premises all other structures, machinery, equipment, tools, and materials that it elects to or as required by the authorized officer. Any such e[ructuree, me- thinery, eq uipmenL tools. and materials remaining on the leased Iande beyond 180 days, or approved extension thereof, shall become the property of the lessor, but lessee shall either remove any or all such property or shall continue t.o be liable for the cost of removal and disposal in the amount actually incurred by the lessor. If the surface is owned by third parties, lessor shell waive the requirement for removal, provided the third Darties do not object to such waiver. Lessee shall, prior to the termination of bond liability or at an)• other time when required and in accordance with all applicable laws and regulations, reclaim ell lands the surface o(which has been disturbed, dispose of ell debris or solid waste. repair [he offsite and onsite damage caused by lessee's activity or activities incidental thereto, and reclaim access roads or trails Sec. 11. PROCEEDINGS IN CASE OF DEFAULT - If lessee Earls to Comply with epplitehle laws. existing regulations, or the terms, conditions and stipulations of this lease, and the noncompliance continues for 30 days after written notice [hereof, this lease shall be subject to Cancellation by the lessor only by judicial proceedings. Thls provision shell not be conserved to prevent the exercise by lessor of any other legal end equitable remedy, including waiver of the default. Any such remedy or waiver shell not prevent later cancellation for the same default occurring et any other time. Sec. 12. HEIRS AND SUCCESSORS-IN-INTEREST -Each obligation of this lease shall extend to and be binding upon, and every benefit hereof shall Inure to, the heirs, executors, administrators, successors, or assigns of the respective parties hereto. Sec. l3. INDEMNIFICATION -Lessee shall indemnify end hold harmless the United States from any and ell claims arising out of the lessee's activities end operations under this lease. Sec. l4. SPECIAL STATUTES-Thie lease is subject to the Federal Water Pollution Control Act (33 U.S.C. ll5l-IS75), the Clean Air Act (42 U.S.C. 1857 et. seq.), and to all other applicable laws pertaining to exploration activities, mining operations end reclamation, including the Sur(ete Mining Control and Retlemation Att of 1977 (30 U.S.C. 1201 eL seq.). Sec. 15. SPECIAL STIPULATIONS- This lease is subject to special stipulations (a) Cultural Resources, (b) Paleontological Resources, (c) Threatened and Endangered Species, (d) Wildlife, (e) Water, and (f) Slate Highway Right-of-Way which are attached to and made apart of this lease.