Laserfiche WebLink
Sec. 6. DOCUMENTS, EVIDENCe AND INSPECTION - At such times and <br />to such form as lessor may Dreecri be, lessee shall furnish detailed <br />statements ehowtng the amounts and quality of all 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 at all reasonable times for the tnspect~on of any <br />d my authonzed officer of lessor, the leased premises and al] surface and <br />underground improvements, works, machinery, ore stockpiles, equip- <br />ment, and all books, accounts, maps, and records relative to operations, <br />surveys, or investigations on pr under the leased lends. <br />Lessee shall allow lessor access to end copying of documents reason- <br />ably necessary to verify lessee compliance with teens and conditions of <br />the lease. <br />While this lease remains in effect, information obtained under this <br />section shall be closed to inspection by the public in accordance with <br />the Freedom of Information Act (5 U.S.C. 5521. <br />Sec. 7. DAMAGES TO PROPERTY ANO CONDUCT OF OPEflATIONS - <br />Lesseeshal]comply atitsown expense with al] reasonable orders pf the <br />Secretary, respecting diligent operations, .prevention of waste, and <br />protection of other resoumes. <br />Lessee shall not conduct exploration operations, other than casual use, <br />without an appsoved 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 is the operating regulations, having <br />due regard for the pseventon of injury to life, health, oz property, and <br />prevention of waste, damage oz 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 uses or users. Leases shall take measures deemed <br />necessary by lessor to accomplish the intent of this lease term. Such <br />measures may include, but ate not limited to, modification to proposed <br />siting or design of facilities, timing pf operations, and specification of <br />interim and final reclamation procedures. Lessor reserves to itself the <br />right to leene, sell, or otherwise dispose of the surface or other mineral <br />deposits in the lands and. the right to continue esiating uses and to <br />authorize future uses upon or is the leased ]ands, including issuing <br />leases for mineral deposits not covered bereunde; and approving <br />easements or rightaof-way. Lessor shall condition such pees to pmvent <br />unnecessary oz unreasonable 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 DIVERSE INTERESTS, AND EQUAL OPPORTU- <br />NITY-Lessee shall: pay whendue all taxes legallyaeeeased and levied <br />under the laws of the State or the United Staten; acrord all employees <br />complete freedom of Durchase; Day all wages at lea et 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 B hours in any one day for underground <br />workers, except in emergencies; and take measures necessary to ProteM <br />the health and safety of the public. No person under the age of 16 years <br />shall be employed in any mine below the surface. To the extent that <br />laws of the State in which the lands are situated are more restrictive <br />than the provisions in this paragraph, then the State laws apply. <br />Lessee will comply with al! 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 {eases nor lessee's <br />subcontractors shall maintain segregated facilities. <br />Sec. 15. SPECIAL STIPULATIONS This lease <br />(b) Paleontological Resources, <br />Floor, (e) Road Right=of-Way), <br />(h) Deer and Elk Winter Range, <br />whsch are attached to and made <br />Sec 9. (a) TRANSFERS <br />^ This lease may be transferred in whole or in part to any person, <br />association or corporation quali5ed w bold such lease interest. <br />^ This lease may be transferred in whole or in part to another <br />public body or to a person who will mine thecaal on behalf of, end <br />for the use of, the public body or m a person who for the limited <br />purpose of creating a security interpt in favor of a lender agrees <br />Co be obligated to mine the coal on behalf of the public body. <br />^ Thie lease may only be tzanafetttd in whole or in part to another <br />small business qualified under 13 CFA 121. <br />Transfers of retard title, working ar royalty interest must be <br />approved in accordance with the regulations. <br />(b) RELINQUISHMENT -The lessee may ttlingviah in writing at any <br />time all rights under this lease or any portion thereof as provided in the <br />regulations. Upon lessor's acceptance of the relinquishment, lessee <br />shall be relieved of al] future obligations under the lease or the <br />relinquished portion thereof, whichever is applicable. <br />Sec. ]D. DELIVERY OF PREMISES, REMOVAL OF MACHINERY, EQUIP- <br />MENT, ETC. - At such time as al] 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 and structures necessary for the <br />preservation of Che mine workings on the leased preminea or deposits <br />and place all workings in condition for suepeneion or abandonment <br />Within 180 days thereof, lessee shall remove from the premises all other <br />structures, machinery, equipment, tools, and materials that it elects to <br />or az regtired by the authorized officer. Any such structures, me• <br />chfnery, equipment, tools, and materials remaining on the leased lands <br />beyond IRO days, or approved extension thereof, shall become 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 coat of removal and <br />disposal in the amount actually incurred by the lessor- It the surface is <br />owned by third parties, lessor shall waive the requirement for removal, <br />provided the thud parties do npt objets to each waiver. Lessee shall, <br />prior to the termination of bond liability or at any other time when <br />required and in accordance with all applicable laws and regulations, <br />reclaim all lends the surface of which has 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, sad reclaim access <br />toads os 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 />etipulationa of this lease, and the noncompliance rnatinues for 30 days <br />after written notice thereof, this lease shall be subject to cancellation by <br />the lessor only by judiclal 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 respective 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. 19. 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. 9274 et. seq.), <br />and to al] other applicable laws pertaining to exploration activities, <br />mining operations and reclamation, including the Surface Mining <br />Control and Reclamation Act of 1977 (3D U.S.C. 1201 et. seq.). <br />is subject to special stipulations (a) Cultural Resources, <br />(c) Resource Recovery and Protection, (d) Alluvial Valley <br />(f) Pipeline Rights-of-Way, (g) Perennial Streams Water Quality> <br />(i) Scenic and Natural Values, (j) Steep Slopes, and (k) Soils <br />a part of the lease. <br /> <br />