Sec. fi. pOGUMENTS, EVIDENCE AND INSPECTION - At such times and
<br />m such form as lessor may preecri be, lessee shall furnish detailed
<br />statements ahowtng the amounts end quality of all products removed
<br />and sold from the lease, the proceeds there{rom, and the amount used
<br />for production purposes or unavoidably lost.
<br />Lessee shall keep open at a Il reasonable times for the inspection of any
<br />dal y authorized officer of ksaor, the (eased premises and all 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 or under the leased lends.
<br />Lessee shall allow lessor access to and rnpying of documents reason-
<br />ably necessary [o verify lessee compliance with terms and conditions of
<br />the lease.
<br />While this lease remains in effect, information obtained under this
<br />section shall be cloned 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 />Lesseeshall comply at its own expense with all reaeanable orders of the
<br />Secretary, respecting diligent operations, .prevention of waste, and
<br />protection of other resources.
<br />Lessee shall not conduct 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 azea shall be aubmitte¢ 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 lead uses or users. Lessee shall take measures deemed
<br />necessary by lessor 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 speei£ication of
<br />interim and final reclamation procedures. Lessor reserves to itself the
<br />right to lease, sell, or otherwise dispose of the earface or other mineral
<br />deposits in the lands and. the right to continue ezieting uses and <o
<br />authorize future pees upon or in the Sassed lands, including issuing
<br />leases for mineral deposits sot covered hereunder and approving
<br />easements orrights-of-way.I,esaoz shall condition such aces to prevent
<br />unnecessary or unreasonable interference with rights of lessee as may
<br />be consistent with concepts of multiple use and multiple mineral
<br />developmept.
<br />Sec. 8. PflOTECTION OF DIVERSE INTERESTS, AND EQUAL OPPORTU-
<br />NLTY-l,eseee shall: pay whendue alltaxea legally aecesaed and levied
<br />under the laws of the State or the United States; actrord all employees
<br />complete freedom of purchase; pay all wages at least 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 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 oC Labor. Neither lessee nor lessee's
<br />subcontractors shall maintain segregated facilities.
<br />Sec. 15. SPECIAL STIPULATIONS T1115 lease
<br />(b) Paleontological Resources,
<br />Floor, (e) Road Right=of-Way),
<br />(h) Deer and Elk Winter Range,
<br />whlich are attached to and made
<br />Sec. 9. (al TRANSFERS
<br />^ This lease may be transferred in whole or in part to any parson,
<br />sasocianon or corporation qualified to hold such lease interest.
<br />^ Thie levee may be transferred in whole or in pare to another
<br />public body or to a person who will mine thecoal on behalf c£, and
<br />for the use oF, the public body or [o 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 />^ Thie lease may only be transferred in whole or in Dart 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 lessee may relinquish in writing at any
<br />time all rights under this ]ease ar any portion thereof ae provided in the
<br />regulations. Upon lessor's acceptance of the relinquishment, lessee
<br />shall be relieved of all future obligations under the lease or the
<br />relinquished portion thereof, whichever is applicable.
<br />Sec. 30. DELIVERY OF PREMISES, REMOVAL OF MACHINERY, EQUIP-
<br />MENT, ETC. - At such 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 and structures necessary for the
<br />preservation of the mine workings on the leased premises or deposits
<br />and place all workings in condition for suspension 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 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 become the
<br />property of the lessor, but lessee shall either remove any or al] 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. If the surface ie
<br />owned by third parties, lessor shall waive the requirement for removal,
<br />provided the third parties do not object to such waiver. Lessee sha14
<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 lands the surface o£ which has been disturbed, dispose of all
<br />debris or solid waste, repair the offsite 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 pEFAULT - Ifleeaee fails to comply
<br />with applicable laws, existing regulations, or the terms, conditions end
<br />atipulatione of this lease, end the noncompliance troatinues for 30 days
<br />after written notice thereof, this lease shall be subject to cancellation by
<br />the lessor only by judicial proceedings. This provision shall not be
<br />construed to prevent the exercise by lessor of any other legs] 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 ta, the heirs, executors, administrators, successors, or
<br />assigns of the respective parties hereto.
<br />Sec. 13. INDEMNIFICATION -Cesare 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 W star
<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. 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) Soi].s
<br />a part of the lease.
<br />.~ -
<br />
|