|
Forrtv~40&13-.
<br />(November 1998) UNITED STATES
<br />DEPARTMENT OF THE INTERIOR
<br />BUREAU OF LAND MANAGEMENT
<br />FORM APPROVED
<br />OMB NO. 1004-0073
<br />Expires: Oe[ober 31,2000
<br />Serial Number
<br />COAL LEASE ~ COC 66514
<br />PART I. LEASE RIGHTS GRANTED
<br />This lanes, entered into by and between the I)NITED STATe50F' AMea[CA. hereinafter called lessor, through the Bureau of Land Management,
<br />CAM Holdings LLC
<br />Wexford Plaza
<br />411 West Putnam Avenue
<br />~trtGppreenwich, Connecticut 06830
<br />hereinafter called lessee, is effective DEC - I Ltltly , for a period of 20 years and for eo long thereafter as coal is produced in comma
<br />quantities from the leased lands, subject to readjustment of lease terms at the end of the 20th lease year and each 10-year period thereafter.
<br />Sec. ~ 1. Thin lease is issued pursuant and subject to the terms and provisions of the:
<br />^ Mineral Lando Leasing Ad of 1920, Act of February 25, 1920, ae amended, 41 Stat 437, 30 U.S.C. 181-287, hereinafter referred to as the A
<br />^ Mineral Leaning Ad for Acquued Lando, Act of August 7, 1947, 61 Stat 913, 30 US.C. 351-359;
<br />and to the regulations and formal orders of the Secretary of the Inferior which are now or hereafter in force, when not inroneistedt with the exl
<br />and specific proviaioae herein. .. .
<br />Sec. 2. Lessor, in roaeidemtiaa of any bonuses, rents, end royalties to be paid, and the crondiGOns and covenants to be observed u herein set f
<br />hereby greats and leases to lessee the azcluaive right and privilege to drill for, mine, extract, remove, or otherwise process and dispose of the
<br />deposits in, upon, or under the following deeeribed lands:
<br />T. 7 5~., A. 102 W., 6th P.M.
<br />sec. 3, lots 22, 24, & Tr. 45, lots 21, & 23;
<br />sec. 4, lots 9, 11, 13 & Tr. 45, lots 10, 12, & 14, SrhtgEj:,
<br />SEtkNW'k, SW'/., and N4YJ.SE'k; ^~
<br />sec. 5, SE'lSEr,9; - I'~
<br />sec. 8, E'hE'fi; ~~5 ``: "-'
<br />sec. 9, lots 2; 4, 5, 7, 10, 12, 13, 16, 17, 19, 22, & Tr. 4-5,,.`j
<br />lots 1, 3, 9, & 11, Tr. 37, lots 6, 8, 14, 15, 18, 20
<br />21, N'hNW54, SW'~ff1W'h, NW'/.SYF/a, and Eth.SE+k; --'
<br />sec. 10, lot 1, & Tr. 45, lot 2, SW'bNW'b, and W'hSFP1.. ~ _ - _
<br />:=i _
<br />C-
<br />it I
<br />O
<br />rontaining 7 5 20 ~~a tree, mon or less, together with the right to ronatrud such works, buildings, plants, atzucturas, equipment and applit
<br />and the righEtb use ebch'on-lease rightsof--way which may be necessary and convenient in the exercise of the rights and privileges granted, eubj
<br />the ronditiona herein provided -
<br />PART 11. TERMS AND CONDITIONS
<br />Sec. 1. (a) RENTAL RATE -Lessee shall pay lessor rental annually and
<br />in advance for each acre or fraction thereof during the continuance of
<br />the [ease at the rate of $ 3.00 far each lease year.
<br />(b) RENTAL CREDITS -Rental shall not be credited against either
<br />production or advance royalties for any year.
<br />Sec. 2. (a) PRODUCTION ROYALTIES -The royalty shall be $-~ per-
<br />cent ofthe value of the coal as set forth in the regulations. Royalties are
<br />due to lessor the final day of the month succeeding the calendar month
<br />in which the royalty obligation accrues.
<br />(bl ADVANCE ROYALTIES - Upan request by the lessee, the authorized
<br />officer may accept, for a total of not more than 10 years, the payment of
<br />advance royeltiea in lieu of continued operation, consistent with the
<br />regulations. The advance royalty shall be based on a percent of the
<br />value of a minimum number of tone determined in the manner
<br />eetebliahed by the advance royalty regulations in effect at the time the
<br />lessee requeata approval to pay advance royeltiea in lieu of continued
<br />operation.
<br />Sec. 3. BONDS-Lessee shall maintain in the proper officeelease band
<br />in the amount of $1 , 6 S ] , 000 . The authorized officer may req airs an
<br />increase in this amount when additional coverage is determined
<br />aPPropriate.
<br />Sec. 9. DILIGENCE -This lease ie subject to the ronditione of dili
<br />development and continued operation, except that these condition
<br />excused when operations under the leans are interrupted by atrikei
<br />elements, or casualties not attributable to the lessee. The lessor, is
<br />public interest, may suspend the condition of continued operation
<br />payment of advance royalties in accordance with the regulatim
<br />existence at the time of the suspension. Lessee's failure to produce
<br />in commercial quantities at the end of 30 years shall terminal
<br />lease. Lessee shall submit an operation and reclamation plan pars
<br />to SeMion 7 of Che Act not later than 3 years after lease iaeuance.
<br />The leaeaz reserves the power to assent to or order the suspension <
<br />terms and conditions of this lease in accordance with, inter
<br />Secrdon 39 of the Mineral Leasing Act, 30 U.S.C. 209.
<br />Sec. 5. LOGICAL MINING UNIT (LMU) -Either upon approval b~
<br />lessor of the leasee'a applica6an ar at the direction of the lessor.
<br />lease shall become an LMU orpartof an LMU, subject to the provii
<br />set forth in the regulations.
<br />The stipulations established in an LMU approval in effect at the to
<br />LMU approval will supersede the relevant inconeietent terms of
<br />lease so long as the lease remains commuted to theLMU. If the L.~
<br />which this lease ie a part is dissolved, the lease shall then beeubj~
<br />the lease terms which would have been applied if the lease had not
<br />included in an LMU.
<br />
|