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~- <YEN Oe ~'aP yF9 a ~' ~ ~ $ Ay,~~s9 rv aEnx NFrexro. United Staties Department of the Interior BURIEAU OF LAND MANAGEMENT Colorado State Office 2850 Youngfield Street Latkewood, Colorado 80215-7093 MAR 1 5 2D02 RECEIVED Certified Mail MAR 2 5 2~JC2 www.co.blm.gov CO-933(ICM) 3451 D-056298 Coal Decision Division al Minerals and Geology RAG Empire Corporation P.O. Box 68 Craig, Colorado 81626 Lease Terms and Conditions Readjusted Coal lease D-056298 was issued effective December 1, 1949, and readjusted effective December 1, 1969. Empire Energy, was granted a section 39 suspension for a period of 2 years and 203 days effective October 7, 1987. The suspension terminated on April 27, 1990, and the term of the lease was extended by adding the suspension period. The lease was last readjusted effective June 21, 1992. It next becomes subject to readjustment of its terms and conditions on June 21, 2002. Notice of intent to readjust coal lease D-056298 was sent to the lessee, RAG Empire Corporation, on August ] 1, 2000. This action has been reviewed for conformance with the Bweau of Land Management's public land health standards adopted February 12, 1997. The readjustment will not adversely affect achievement of the public land health standards. As provided in the Mineral Leasing Act of 1920, as amended (41 Stat. 437, 30 U.S.C. 181 et seq.), and the regulations at 43 CFR 3451, we aze hereby readjusting the terms and conditions of the lease. A copy of the ]ease is enclosed. The readjusted terms and conditions shall become effective June 21, 2002. The annual rental remains at $3 per acre or fraction thereof as provided in the currant lease. The royalty rate shall remain at 8.0 percent of the value of the coal removed from an underground mine as described in the readjusted lease. The value of the coal shall be determined in accordance with the regulations. The adequacy of the lease bond is reviewed periodically and adjusted when necessary to reflect changed conditions. The required bond amount remains at $5,000. Payments of rentals and royalties must be submitted to the Minerals Management Service in accordance with that agency's regulations in Title 30, Code of Federal Regulations. In accordance with the regulations at 43 CFR 3451.2(6) and (e), this decision constitutes the final action of the Bureau of Land Management on all the provisions contained in the readjusted lease. The effective date of the readjusted lease shall not be affected by the filing of any appeal of, or subsequent civil suit regarding, any of the readjusted terms and conditions. Within 30 days of receipt of this decision, you have the right of appeal to the Board of Land Appeals, Office of the Secretary, in accordance with the regulations at 43 CFR 4.400. If an appeal is taken, the