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<br /> <br />2 <br />conditions for ongoing operations to warrant a rate of less than 8 percent for <br />coal removed from an underground mine, See Ark Land Co., 97 IBLA 241 (1987). <br />The value of the coal shall be determined in accordance with the regulations <br />at Title 30, Code of Federal Regulations (CFR), Subpart 206, as amended <br />effective March 1, 1989 (54 FR 1523, January 13, 1989). <br />All payments of rentals and royalties must be submitted to the Minerals <br />Management Service in accordance with that agency's regulations in Title 30, <br />Code of Federal Regulations. See the enclosed Notice. The Minerals Management <br />Service recently notified this office that there is currently X450 unpaid and <br />delinquent. FSDHBAL COAL LSASSS DO HOT AOTO~lATICALLY TSBMIHAi'E for failure <br />to pay rental or minimum royalty, and financial liability to the Onited States <br />Government continues to accrue until the lease is relinquished by the lessee. <br />Inquiries regarding outstanding rent and/ar minimum royalty payments should be <br />directed to 611ce Luts, Chief, Billing Section, Payor Accounting Branch, <br />Minerals Management Service, at P. 0. Box 25165, Denvet, Colorado 80225, or <br />telephone (303) 231-3124. <br />IIpon readjustment, this lease will be subject to the statutory requirements of <br />section 7 of the Mineral Leasing Act of 1920, as amended (30 O.S.C. 207), and <br />the regulations promulgated thereunder. See 43 CPR, Subpart 3480, for Bureau <br />of Land Management regulations governing lease operations. <br />The adequacy of the lease bond is reviewed periodicallq and adjusted when <br />necessary to reflect changed conditions. The existing inactive condition <br />of the leased lands requires a 15,000 bond for this lease, and the eaiating <br />bond is sufficient at this time. <br />This readjustment brings the terms and conditions of coal lease D-056724 into <br />conformity with current coal lease provisions, applicable regulations, and <br />correct administrative agencies. <br />In accordance with the regulation at 43 CFR 3451.2(b) (1989), this decision <br />constitutes the final action of the Bureau of Land Management on all the <br />provisions contained in the readjusted lease. The effective date of the <br />readjusted lease shall not be affected by the filing of any appeal of, or <br />subsequent civil suit regarding, any of the readjusted terms and conditions. <br />IInlese you appeal this decision within 30 days of its receipt, it becomes <br />final. You have the right to appeal to the Board of Land Appeals, Office of <br />the Secretary, in accordance with the regulations contained in 43 GFR, Part 4, <br />and the enclosed Farm 1842-1. If an appeal is taken, your Notice of Appeal <br />must be filed in this office so the case file caa be transmitted to the <br />Board. A copy of your Notice of Appeal and of any statement of reasons, <br />written arguments, or briefs must also be served on the Office of the <br />Solicitor ae shown on Form 1842-1. It is also requested that you send a copy <br />of any statement of reasons, written arguments, or briefs to the office <br />issuing the decision appealed. In taking an appeal, there must be strict <br />compliance with the regulations. The appellant has the burden of proving by <br />positive and substantial evidence that the decision appealed from is in <br />error. <br />