Laserfiche WebLink
Sec. 6. DOCUMENTS. EVIDENCE AND INSPECTION - At such times end <br />in such form u lessor may prescribe, lessee shall famish detailed <br />statemenu showing 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 loot <br />I<enee shall keep open at all reasonable times (or the inspection of any <br />duly authorized officer of lessor, the leased pretniees and all surface end <br />underground improvements, works, machinery, ore etockpilea, egmp- <br />mentandall books, accounts, maps, and retorda relative to operations, <br />surveys, or in vestigatione oa or under the leased lands. <br />Lessee shall allow leaeor accuse m and rnpying of documents reason- <br />ably netrseary toverify lessee compliance with terms and conditions of <br />the lease. <br />While this levee remains in effect, information obtained under this <br />section shell be closed 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 ANO CONDUCT OF OPERATIONS - <br />leseee shall cemply et itaown expenaewith ell reaeoneble ordere of the <br />Secretary. resf.cti;ig diligent o1+Eredw.s, Prevention of ,van:e, and <br />protection o(oUier reaourtts. <br />Lessee shall not cendum exploratiop operations. other than casual use, <br />without an approved exploration plan, All exploration plans prior to <br />the commenceme::t of mining operations within an approved mining. <br />permit area shall be submitted to the authorized officer. <br />I.eseee shall cam on ell operations in accordance with approved <br />methods and prectitrs as provided in the operating rag ulations, 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 />[o other land uses or users. I.eeaee shall take measures deemed <br />necessary by lessor to acrnmplish the intent of thin lease term. Such <br />measures may include- but ere sat limited to, modi5cation to proposed <br />siting or design of facilities. timing of operations. and epecifirstion of <br />interim and final reclamaaon procedures. Lessor reserves m itself the <br />right to lease, sell, or otherwise diepoae of the eurfatt or other mineral <br />deposits m the lands end the right to rnntinue existing uses and to <br />authorize future awes upon or in the leased lands, including Issuing <br />leases for mineral deposits not covered hereunder and approving <br />eeeemeata or rightnbf-way. l.eswr shall condition such uses to prevent <br />unneceeeary or unreasonable interference with rights of lessee u may <br />be mneiatent with toncepte of multiple use and multiple mineral <br />development <br />Sec. 8. PROTECTION OF DNERSE INTERESTS. AND EQUAL OPPORTU- <br />NITY-Lessee shall: pay when due all taxes legally assessed and levied <br />under the laws of the State or the United Sta4s: accord all emDioyees <br />rnmplete freedom n(purohnee: oay all wages at lease twice each month <br />in lawful money of the Umted States; maintain a sate working <br />environment is etxordance with standard industry Practices; restrict <br />the workday to pot more than B hours in any ttR~ay for underground <br />workers. ezceptin emergencies; and takemeae necessary toprotect <br />the health end safety of the public. N o person under the age of 16 yeare <br />shell be employed in any rnine below the surface. To the extent that <br />laws of the State in which the lands are situated ere more rea[rictive <br />than the proviaione in this paragraph, then the State laws apply. <br />Leases will comply with all provisions of Executive Order No. 11246 of <br />September 24, 1965, as amended, end the rules, regulations, and <br />relevant ordere of the Secretary of labor. Neither lessee nor lessee's <br />subcontracrors shall maintain segregated facilities. <br />Sec. 9. (a) TRANSFERS <br />~ This lease may 6e tranafemd in whole or in part m any person, <br />association or corporation qualified to hold such lease interest <br />^ Thie lease may be transferred in whale or in part to another <br />public body or m a person who will mine the coal on behaltaf, and <br />for the use of, the public body or m a person who for the limited <br />purpose of creating a security interest in favor o[ a lender agrees <br />to be obligated m mine the coal on behalf of the Dublic body. <br />^ Thieleese may only be transferred in whole or in part to another <br />small buainees qualified under 13 CFR 121. <br />Trenefere 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 righu under this lease or any portion thereotae provided in the <br />regulatiane. Upon leasor'e acttptaace of the relinquishment, lessee <br />shell be relieved of all future obligations under the lease or the <br />relinquished portion thereof, whichever is applicable. <br />Sec. 10. 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 lend leased, underground <br />timbering, and eurh other supports sad stmmuree necessary for the <br />preservation of the mine workings on the leaned premises or deposits <br />and place all workings in condition for suepenelon or abandonment. <br />Within 180 days thereof, lessee shell remove from the premises all other <br />structures. machinery, equipment, tools, and materials that It elects m <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 [he <br />property of the lessor. but lessee shell either remove any or all such <br />property or shall continue to be liable for [he cost of removal and <br />diapoeal in the amount actually incurred by the lessor. If the surface is <br />owned by third parties, lessor shell waive the req uirement for removal. <br />provided the third patties do not object to such weever. Lessee shell. <br />prior to the termination o! band liability or ac any other nme when <br />required end in ecmrdance with ell applicable laws and regulations. <br />reclaim el I lends the surface of which has been disturbed. dispose of all <br />debris or solid waste, repair the offsite and onaite damage caused by <br />leaece's emivity or activities inmdental thereto, and reclaim access <br />roads or trails. <br />. Sec. 11. PROCEEDINGS IN CASE OF DEFAULT - If leases fails to comply <br />with applicable lawn, existing regal etiona. or the terms. conditions and <br />stipulations of this lease. and the nonmmplience continues for 30 days <br />after written nonce thereof, this lease shall be subject to cancellauon by <br />[he lessor only by judicial proceedings. This provision shall not be <br />construed m prevent the exerrise by lessor of any other legal end <br />equitable remedy, including waiver o(lhe default. Any such remedy or <br />waiver shall not prevent later cancellation for rile same default <br />occumng at any other time. <br />Sec. 12. HEIRS AND SUCCESSORS-IN-INTEflEST - Eech obligation of <br />this lease shall eztend to and be binding upon, end every benefit hereof <br />shell inure w, the heirs. executors, administramrs, succeeaora, 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. 14. SPEGIALSTATUTES-Thie lease is sublect to the Federal Water <br />Pollution Control Act (33 U.S.C. 1151-I 1751, the Clean Air Act 142 <br />U.S.C. 1857 el. seq.), and m all other applicable laws pertatninR to <br />exploration activities, mining operations and reclamation, including <br />the Surface Mining Conroe and Reclamation Act of 1977 (30 U.S.C. <br />1201 et seq.). <br />Sec. 15. SPECIAL STIPULATIONS- Th1S lease is subject to special stipulations (a) Cultural Re SOU ices, <br />(b) Paleontological Resources, and (c) Water which are attached to and made a part of this <br />lease. <br />r <br />