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<br />Part II. TERMS AND CONDITIONS
<br />Sec. 1. (a) RENTAL RATE -Lessee shall pay lessor rental
<br />annually and in advance for each acre or fraction thereof during
<br />[he continuance of [he lease at the rate of $3.00 for each lease
<br />year.
<br />(b) RENTAL CREDITS -Rental shall not be credited
<br />against either production or advance royalties for any year.
<br />Sec. 2. (a) PRODUCTION ROYALTIES -The royalty shall
<br />be 8.0 percent of the value of the coal as set forth in the
<br />regulations. Royalties are due to Lessor [he final day of the
<br />month succeeding [he calendar month in which [he royalty
<br />obligation accrues.
<br />(b) ADVANCE ROYALTIES -Upon request by the
<br />Lessee, the authorized officer may accept, for a total of not more
<br />than 10 years, the payment of advance royalties in lieu of
<br />continued operation, consistent with the regulations. The
<br />advance royalty shall be based on a percent of the value of a
<br />minimum number of tons determined in the manner established
<br />by the advance royalty regulations in effect at the time the Lessee
<br />requests approval to pay advance royalties in lieu of continued
<br />operation.
<br />Sec. 3. BONDS -Lessee shall maintain in the proper office a
<br />lease bond in the amount of $5,000. The authorized officer may
<br />require an increase in this amount when additional coverage is
<br />determined appropriate.
<br />Sec. 4. DILIGENCE -This lease is subject to the conditions of
<br />diligent development andcontinued operation,exceptthatthese
<br />conditions are excused when operations under the lease are
<br />interrupted by svikes, the elements, or casualties not atvibutable
<br />to the Lessee. The lessor, in the public interest, may suspend the
<br />condition of continued operation upon payment of advance
<br />royalties in accordance with the regulations in existence at the
<br />time of the suspension. Lessee shall submit an amended
<br />operation and reclamation plan pursuant to Section 7 of the Act
<br />(30 U.S.C. 207(c) within 3 years of the date of modification or
<br />prior to approval to commence mining operations.
<br />Lessor reserves the power to assent to or order the suspension of
<br />the terms and conditions of this lease in accordance with, inter
<br />alia, Section 39 of the Mineral Leasing Act, 30 U.S.C. 209.
<br />Sec. 5. LOGICAL MINING UNIT (LMU) -The lands
<br />contained in the original lease are included in West Elk Mine
<br />LMU, serial number COC 57201 effective September 27, 1989.
<br />The stipulations established in an LMU approval in effect at the
<br />time of LMU approval or modification will supersede the
<br />relevant inconsistent terms of this lease so long as the lease
<br />remains committed to the LMU. If the LMU of which this lease
<br />is a part is dissolved, the lease shall then be subject [o [he lease
<br />terms which would have been applied if the lease had not been
<br />included in an LMU.
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<br />Sec. 6. DOCUMENTS,EVIDENCEANDINSP):CTION-[fit
<br />such times and in such form as Lessor may prescribe, LesseB-
<br />shall furnish detailed statements showing the amounts=and quality
<br />of all products removed and sold from [he lease, the^proceedts
<br />therefrom, and the amount used for production purposes or
<br />unavoidably lost. 's
<br />Lessee shall keep open at all reasonable times for the inspection
<br />of any duly authorized officer of Lessor, the leased premises and
<br />all surface and underground improvements, works, machinery,
<br />ore stockpiles, equipment, and all books, accounts, maps, and
<br />records relative to operations, surveys, or investigations on or
<br />under the leased lands.
<br />Lessee shall allow lessor access to and copying of documents
<br />reasonably necessazy to verify Lessee compliance with terms and
<br />conditions of the lease.
<br />While this ]ease remains in effect, information obtained under
<br />this section shall be closed [o inspection by the public in
<br />accordance with [he Freedom of Information Action (5 U.S.C.
<br />552).
<br />Sec. 7. DAMAGES TO PROPERTY AND CONDUCT OF
<br />OPERATIONS -Lessee shall comply at its own expense with
<br />all reasonable orders of the Secretary, respecting diligent
<br />operations, prevention of waste, and protection of other
<br />resources.
<br />Lessee shall not conduct exploration operations, other than
<br />casual use, without an approved exploration plan. All
<br />exploration plans prior to the commencement of mining
<br />operations within an approved mining permit area shall be
<br />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,
<br />having due regard for the prevention of injury to life, health, or
<br />property, and prevention of waste, damage or degradation any
<br />land, air, water, cultural, biological, visual, and other resources,
<br />including mineral deposits and formations of mineral deposits
<br />not leased hereunder, and to other land uses or users. Lessee
<br />shall take measures deemed necessary by lessor to accomplish
<br />the intent of this lease term. Such measures may include, but not
<br />limited to, modification [o proposed siting or design of facilities,
<br />timing of operations, and specifications of interim and final
<br />reclamation procedures. Lessor reserves to itself the right to
<br />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
<br />issuing leases for mineral deposits not covered hereunder and
<br />approving easements or rights-of-way. Lessor shall condition
<br />such uses to prevent unnecessary or um~easonable interference
<br />with rights of Lessee as may be consistent with concepts of
<br />multiple use and multiple mineral development.
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