Sec. 6. DOCUMENTS. EVIDENCE AND INSPECTI• At such times and
<br />in such form as lessor may prescribe, lessee shall furnish detailed
<br />atatemenis showing the amounts and quality of ell products removed
<br />and sold from the lease, the proceeds therefrom, and the amount used
<br />for production purposes or unavoidably lost.
<br />Lessee shall keep open et all reasonable times for the inspection of any
<br />duly authorized officer of lessor, the leased premises and all surface and
<br />underground improvements, works, machinery, ore stockpiles, equip-
<br />ment,and al] books, accounts, maps, and records relativeto operations,
<br />surveys, or investigations on or under the leased lands.
<br />Lessee shall allow lessor access to end copying of documents reaeon-
<br />ably necessary toverify leescecompliancewith terms end conditions of
<br />the lease.
<br />While this lease remains in effect, information obtained under this
<br />section shell be closed to inspection by the public in accordance with
<br />the Freedom of Information Act (5 U.S.C: 552).
<br />Sec. 7. DAMAGES TO PROPERTY AND CONDUCT OF OPERATIONS -
<br />Leseeeshall comply stirs own expense with all reasonable orders of the
<br />Secretary, respecting diligent operations, prevention of waste, and
<br />protection of other resources.
<br />Lessee shall not conduM exploration operations, other than casual use,
<br />without an approved exploration plan. All exploration plans prior to
<br />the commencement of mining operations within an approved mining.
<br />permit area shall be submitted to the authorized officer.
<br />Lessee shall carry on all operations in accordance with approved
<br />methods and practices as provided in the operating regulations, having
<br />due regard for the prevention of injury to life, health, or property, and
<br />prevention of waste, damage or degradation to any land, air, water,
<br />cultural, biological, visual, and other resources, including mineral
<br />deposits and formations of mineral deposits not leased hereunder, and
<br />to other land vase or users. Leeace shall take measures deemed
<br />necessary by leaeor to accomplish the intent of this lease term. Such
<br />measures may include, but are not limited to, modification to proposed
<br />siting or design of facilities, timing of operations, and specification of
<br />interim and fmal reclamation procedures. Leaeor reserves to itself the
<br />right to lease, sell, or otherwise dispose of the surface or other mineral
<br />deposits in the lands and the right to continue existing uses and to
<br />authorize future uses upon or in the leased lands, including issuing
<br />leases for mineral deposits not covered hereunder and approving
<br />easements orrights-of-way. Lessor shall condition such uses to prevent
<br />unnecessary or unresaonable interference with rights of lessee as may
<br />be consistent with concepts of multiple use and multiple mineral
<br />development.
<br />Sec. 8. PROTECTION OF DNERSE INTERESTS, AND EQUAL OPPORTU-
<br />NITY -Lessee shall : pay when due all taxes legally assessed and levied
<br />under the laws of the State or the United States; accord all employees
<br />complete freedom of purchase; pay all wages at lease twice each month
<br />in lawful money of the United States; maintain a safe working
<br />environment in accordance with standard industry practices; restrict
<br />the workday to not more than 8 hours in any one day for underground
<br />workers, except in emergencies; and take measures necessary to protect
<br />the health and safety of the public. No person under the age of 16 years
<br />shall be employed ih any mine below the surface. To the extent that
<br />laws of the State in which the lands are situated are more restrictive
<br />Lhan the provisions in this paragraph, then the State laws apply.
<br />Lessee will comply with all provisions of Executive Order No. 11246 of
<br />September 24, 1965, as amended, and the rules, regulations, and
<br />relevant orders of the Secretary of Labor. Neither lessee nor lessee's
<br />subcontractors shall maintain segregated facilities.
<br />Sec. 9. (a) TRANSFER.
<br />l;$ Thie lease may be isanaferred in whole oz in part to any person,
<br />association or corporation qualified to hold such lease interest.
<br />^ Thie lease mel' be transferred in whole or in pert to another
<br />public body or to a person who will mine the coal on behalf of, and
<br />for the use of, the public body or to a person who for the limited
<br />purpose of creating a security interest in favor of a lender agrees
<br />to be obligated to mine the coal on behalf of the public body.
<br />^ This lease may only be transferred in whole or in part to another
<br />small business qualified under 13 CFR 121.
<br />Transfers of record title, working or royalty interest mast be
<br />approved in accordance with the regulations.
<br />(b) RELINQUISHMENT -The leasce may relinquish in writing at.any
<br />time all rights under this lease or any portion thereof ae provided in the
<br />regulations. Upon lessor's acceptance of the relinquishment, lessee
<br />shell be relieved of all Future obligations under the lease or the
<br />relinquished portion thereof, whichever is applicable.
<br />Sec. 10. DELIVERY OF PREMISES, REMOVAL OF MACHINERY, EQUIP-
<br />MENT, ETC. - AC each time as all portions of this lease are returned to
<br />lessor, lessee shall deliver up to lessor the land leased, underground
<br />timbering, and such other supports end structures necessary for the
<br />preservation of the mine workings on the leased premises or deposits
<br />and place al] workings in condition for suspension or abandonment.
<br />Within 180 days thereof, lessee shall remove from thepremiaea al] other
<br />structures, machinery, equipment, tools, and materials that it elects to
<br />or as required by the authorized officer. Any such structures, ma-
<br />chinery,equipment, tools, and materials remaining on the leased lands
<br />beyond 180 days, or approved extension thereof, shall bernme the
<br />property of the lessor, but lessee shall either remove any or all such
<br />property or shall continue to be liable for the rnat of removal and
<br />disposal in the amount actually incurred by the leaeor. If the surface is
<br />owned by third parties, leaeor shall waive the requirementfor removal,
<br />provided the third parties do not object to such waiver. Lessee shall,
<br />prior to the termination of bond liability or at any other time when
<br />required and in accordance with ell applicable laws end regulations,
<br />reclaim all lands the surface of which hoe been disturbed, dispose of all
<br />debris or solid waste, repair the affairs and onsite damage caused by
<br />lessee's activity or activities incidental thereto, and reclaim access
<br />roads or trails.
<br />Sec. 11. PROCEEDINGS IN CASE OF DEFAULT - If lessee fails to comply
<br />with applicable laws, existing regulations, or the terms, conditions and
<br />stipulations of this lease, and the noncompliance continues for 30 days
<br />after written notice thereof, this lease shall be subject to cancellation by
<br />the leaeor only by judicial proceedings. This provision shall not be
<br />construed to prevent the exercise by lessor of any other legal and
<br />equitable remedy, including waiver of the default. Any such remedy or
<br />waiver shall not prevent later cancellation for the same default
<br />occurring at any other time.
<br />Sec. 12. HEIRS AND SUCCESSORS-IN-INTEREST -Each obligation of
<br />this lease shall extend to and be binding upon,and every benefit hereof
<br />shall inure to, the heirs, executors, administrators, successors, or
<br />assigns of the respeMive parties hereto.
<br />Sec. 13. INDEMNIFICATION -Lessee shall indemnify and hold harmless
<br />the United States from any and all claims arising out of the lessee's
<br />activities and operations under this lease.
<br />Sec. 14. SPECIAL STATUTES -This lease is subject to the Clean Water
<br />Act (33 U.S.C.1252 et. seq.), the Clean Air Act (42 U.S.C. 4274 et. seq.),
<br />and to all other applicable laws pertaining to exploration activities,
<br />mining operations and reclamation, including the Surface Mining
<br />Control and Reclamation Act of 1977 (30 U.S.C. 120(„@j. seq.).
<br />~ n
<br />Sec. 15. SPECIAL STIPULATIONS- AS attached tO this tease.
<br />r= tJ~
<br />r~ ~ O
<br />w =-a ;-
<br />m ;~
<br />~~ ~~
<br />-.,=a
<br />~o --1
<br />.. ~~
<br />~ m
<br />vt
<br />
|