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. ,. , Scc. 2q. DFIIJERY OF PRFJNSES - U , etion d Ibis kex fa any reason. or rcllnqulshmenldepert dtMS leas . ekastx shall delhtrb tlx lessor In good edv end torditlon ail a the appropriate pert d the leased lends. Deliveryd the leased lends shall include underground timber Ing eta such other supports end tftfucturt! es arc rxttsseryfe the preserva- tion of the mine or deposit end shell be In eccorderttt whh ell other eppliceble provisbn d the regubtiana hrcluding 30 CFR 211 end Chaply VLL fa the compfedan d operations and ehardonmera. Sec. 25. PROPRIETARY MFORMATIOfi -Geological end glropfrysiml date end Information. Including mein, trade secrets, and commercial end frt+encial Information whirh the lessor ofzlein from the lessee shall be treated in accordance with 43 CFR Part 2. 30 CFR 211.6 end other appli~ cable regulations. Total leex rexrve figuro developed from this idormo- lion will not be cord'dentieL Sec 26 LESSEES IJABIIITV TO lF-SSOR - (e) The lessee shall be liable to the Untied States for any damage wRered by the United Steles In eery way easing imm or connected wlih the lessee's ecivities end operation under this knse, egecepl where damage is caused by employees d the Untied Stales acting within [Fx xope d tlxir eulhoriy. (b) The Ityxe shell indemnifyend had harmless the United Steles from arty and all claims arising from a connected with the lessee's ecivHies end operations undo this lease (c) In arty case where Iiebiliy without feuh is imposed on the lessee pun suent to this section, end the damages invdved were caused by the action d e third party, the roles of subrogation shell apply In accedence with the law d the jurisdiction where the damages occurred. Sec. 27 IfiSPECTlOfiS AfiD RNESfIGATIOI'IS - (a) All boots end nee orris meintnined by the lessee showing infomretion required by this ksse a regulation must be kept cvrted and in such menrrer that the books end records can be readily checked et the minx, upon request by tlx Reg'arol Director a Disbic Mining Suptvisor or their rcprexntative (b) The lessee shell pennh cry duly authorized oR'rrn or representative d the lessor m any reasonable Hme (1) Io inspect or investigate the kaxd lends, the explorction end mining end reclamation operations, end ell scar lace end underground Improvements, works, ma[ltinery, end equipmerll, end e11 books and records perinir»ng tothe kssee'sobligetionsbthe lessor under this leax end regulations end (2) tocopy, end nake extracts fran ery wch books and records Sec 28 UNLAWFUL gYiERFST - No member d, a Delegate b, Corr grass, or Reaiderrt Commissiorxr, afty his election a appdntmvrt lHhv bdorc a after he ties qualified and dudrg his corttinuartce in dl'rce end m dficer, a employee d the Departrrem d the Interior, except az provided in 43 CFR 7.4(eN3), shall had eery share or pert in this kex or demo eryberne• fd therefrom The provisions of Section 3741 of the Revised Slntrztes, es emended 41 U.S.C. Section 22, end the Act dJune 25, 1948, 62 Stet 70z m emended. 18 U.$.C Sections 431-033, rekting b contracts ertty, irao end form a pan d this kax Insdar es th-y may be eppliceWe Sec 29. APPFJtI-5 -The lessee shell have the right d appeal (e) under 43 CFR 3000.4 f nom an action or decision d arty oflicinl d the Bureau d Land Management (b) undo 30 CFR Part 290 from an action, ordv. a decision or arty oRicial of the United States Gedogical Sunny, or (c) undvapplicabk regulation from arty action or derision d anyothv dficiel d the Departrrxrrt d the Interior arising in connection with this lease, including any action a decision purwam b Section 23 d this lease with respect b tlx readjust men d conditions Sec. 30 SPECIAL STIPULATIOfiS - (a) Cultiiral Resources ~ (1) Before can denaking any activites that may disturb the surface d the leased lends, the lessee shall conduct a cvl[ural resource intensive fxld inventory in a mannv specihed by the authorized oF~cer d the BlM ar o[ the surface managing agency (if different) on portions d the mine plan area end adjacent areas, or exploration plan Brea, that may be rrdverxly afleced by leaze-related actia• ties and which were nd previously inventoried et wch a level d inknity. The inventory shag be conducted by a quagfied pmfessionel cultures R source speciagsl (i.e, archeologist, historian orhis[oricaf architect as eppro prime), approved by the authrized oRrcer of the surface rronaging agency (Bll~1 if the surface is privately owned), and a report d the irrvenbry end rec ommendations for protecting arty cullurnl resources identified shall be wb mined to the Regional Director d the Qflite ml Surface Mining (or the District Mining SupeMsor H activities arc associated with coal exploration outside en approved mining permit area) and the auhorized officer d the Bll4 or the surface managing agency (il diflerem). The lessee shall undennke meal cares, in accordance whh instructions from the Regional Director (or the Dir trio Mining SupeMSa H activities ere associmed wlih coal ezyloretion eh side en approved mining permit area), b pnNect ahurnl resources on the leased land. The lessee shell not rnmmence the surface dsturbing activhks until pennissron b proceed is gnen by the Regional DireAOr (or the District Mining Supervisor H activities arc azsoaaled with coal exploration outside en approved mining penrJt area). (2) The lessee shag proect all cultural resource properties within the leax area Iron lease-relaled activities until the cultural resource mitigation meat cares can be implemented as part d en approved mining and reclamation plan a exploration plan 13) The cost d conducting the irnenbry, preparing report. end cenyirg out mitigation measures shall be borne by the lessee I4) H sutural resources are dixwered during operations under this lease, the lessee shell immediaely bring Hrem Io the e[lention d the Regional Director (e the District Mining SupeMsor H activities ere associated whh coal uploretion o~n approved mining permh area), a the euNori:ed offittr d the sudace enraging agency If the Regbnel DIrMa, or DisWc Mining SupeMsor, as appropriate, Is not eveilable The lessee shell not dis loth stxh rnources except es may be subsequently euUonzed by the Rr gional Director (or the 13istric Mining SupeMsa H ectivitks ere essodmed with coal o~lorction outside en approved mining penal area). V7dhin two (2) working days of rgtifitbllon the Regional Direcbr (a the Distric Mining SupeMsor H activities arc associated wlih coal v¢loratbn outside en approved mining permit Brea) will evalume or have evelumed arryculazrel rc sources dixovved and will determine H arty action may be required to pro test or preserve such discoveries. The cost of date recovery for cultural resources discovered during kex operations shall be home by the surface managing agency unless otherwix specified by the authorized oFicv of the BLM or d the surface rroroging agency (H diflercra). (5) All cultural resources shall remain under the Jurisdiction d the United Stores until ownership Is delermlrxd under appikable kw. (b) Pekorrtologfcel Resources ~ (1) Before undenekirg arty activities that may disturb the wrfece d tfx kesr;d lends. the lessee sftag contact the Bureau of land Marogemenl b dvcrnine whether the eutha¢ed Offrcv will require the lessee b conduct a paleontological epprnisel d the mine plan end adjattm areas, or exploration plan ereaz, that rney be edvvxly aReced 65' lease-related activities If the authorized olfrceJ detemtino that one Is necessary, the paleontological appraisal shall be conduced by e qualified paleontologist approved by the authorized officer of the wrfett managing agency (BLM H the surface is privately owned), using the pub gshed literature end, where eppropdme, field epprcixls fa delerninlrg the possible existence d krger and ngre conspicuous fossils of scientific signF Gcance A report d the appraisal end recommerdelions ter protecting ery larger acrd more conspicuous fossils of significant scentific interest on the leased lends so identified shell be submitled b the ethhorized officer d the surface managing agency (Bll4 H the ~surfett Is privately owned). When necessary to protec end collect the large and more conspicuous fossils d significant xieraifit Interest on the lensed lends, the lessee shall undertake the meawrcs provided in the approval of the mining and reclamation plan or explorction plan (2) The lessee shell nd knowingly disturb, shat, destroy or take cry large end more conspicuous fossils of significant scientific IntetesL end shell protect ell such fossils in mn(ormerxe with the measures included in the approval d.the mining end reclamation plan or explotatgn plan (3) The lessee shall immediately bring arty such fossils that might be altered or destroyed by his operation b the attention d the Reg'xxal Dinsttor a the DisiriclNining SupeMSOr, as appmpriete Operation may continue az kxtg es Ure fossil specimen a spedmens would not be seriwsly damaged a destroyed by the activity. The Regiorol Director or the DLstrictMining Supv~ visor, os eppnzpriate, sFrag evahute a have evaluated war dismverks brought b his ettentimn erx1, within fne (5) worldrg days, stag rwlHy the lessee what action shall be taken whh respect b such discoeries (4) All wch fossils d sign~wnt xkntific Interest sMll remain carder the jurisdiction d the United Steles until ownership Is delermirxd carder eppfr cable law. Copies d ail palronblogicel resource dote gerxreted es a rewh d the kex tens requirements will be provided to the Regionl Director a the Distric Mining SupeMsor, as appropriate (5) The cost d any required sahage d such fossils shag be home by the Untied StmeS (6) These condition apply b all such fossils d significam xkrttific trnueY discovered within the lease Brea whethvducovved b tlx ovvbrudu4 irnlc burdvt a coal seam a seams (c) The lessee will abide by an approved mine plan for Lease development, operation, and abandonment. THE UNITED STATES OF AMERICA ~Chie~fr7, Mineral Leasing Section FEB 7 1985 Date: