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= iii iiiiiiiiiiiu iii <br />UNITED STATES 999 <br />DEPARTMENT OF THE INTERIOR Senelnames C-038199 <br />BUREAU OF LAND MANAGEMENT <br />Lease Oara July 1. 1963 <br />COAL LEASE RE~D.IUSTMEM <br />PART I. LEASE RIGHTS GiiANTED <br />This laau, entered into by and between the UtvtTao SiATE9 of ANEatCA. hereinafter called lessoe, through the Bureau of Land Management, aad <br />Peabody Coal Company <br />1300 South Yale <br />Flagstaff, Arizona 86001 <br />hereinafter called lessee, is readjttned~etfeetive July 1 , 1993 , for a period of 10 yeah and for so long thereafter es coal i9 <br />produced in rnmmeSCial quantities from the leased lands, subject m reedjuetment of lame terms at the end of each 14year lease period. <br />See. 1. This lease u issued pursuant and subject m the terms and provsions of the: <br />~ Mineral Lando Leasing Act of 1920, Att of February 25. 1920, as amended. 4I StaL 437, 30 U.S.C. 181-287, heretnaftei referred m ae the Act: <br />^ Minaret Leasing Act for Acquired fends, Act of August 7, 194 7, 61 Stat 913, 30 U.S.C. 351-3:.9, <br />and to the regulations end [ormsl orders of the Secretary of the Interior which are now or hereafter ih force, when not inconsistent with the expreae <br />and spedfic provisions herein. <br />Sec. 2 Lessor- in consideration of any renu. and royalties m be Deid, and the tonditons and covsnaau to bs observed sa herein sat forth. hereby <br />grants to lessee the ezcluaive nght and privilege to dnll for, mina, eztntt, remove, or otherwise protects and dispose of the coal depoeit+ ia, upon. <br />or under the following described lands: <br />T. 6 N., R. 87 [d., 6th P.M. <br />sec. 21, E`~NWZ and SW 4; <br />sec. 22, E'~E'~; <br />sec. 27, W!~E'gNEZ, N4ISLNEty, W'~NW'~, and SE'~SE`~; <br />sec. 28, E`~NEZ, SW'a,NEt-L, W!~, and W~SE`~; <br />sec. 32, E~NEZ; <br />sec. 33, N~, E~SWZ, and SEk; <br />sec. 34, NE1,NE%, NWt1,NW~, S~NW34, SW;G, and W!~SE'~; <br />sec. 35, NE1tNW% and W~NW~, <br />containing 2280 acres, more or leas, mgether with the right m construct such works, buildings, plants, structures, equipment and appliances <br />and the right to use such on•lease rights-of way w hick may be neceaeary and convenient in the ezerciee of the righu and privileges granted, subject to <br />the conditions herein provided. <br />PART II. TERMS AND CONDITIONS <br />Sec. 1. fel RENTAL RATE -Lessee shell DaY lessor rental annually and <br />in advance for each acre or fraction [hereof during the continuance of <br />the lease at the rate of s 3 .00 --- for each lease year. <br />1,61 RENTAL CREDITS -Rental shall not be credited against either <br />production or advance royalties for any year. <br />Sec. 2. (al PRODUCTION ROYALTIES -The royalty shall be (surfal <br />12.5 percent and (underground) 8.0 per- <br />cent of thavalue ofthe coal ea set forth in the regulations. Royalties are <br />due to lessor the final day of the more th succeeeing the calendar more th <br />in which the royalty obligation accrues. <br />tbl ADVANCE ROYALTIES -Upon tequeet by the lessee, the authorized <br />officer may accept, for a total of not more than 10 yea: a, the payment of <br />advance royalties in lieu of continued operation, consistent with the <br />regulations. The advance royalty shell be based on a percent of the <br />value of a minimum number of tone determined in the manner <br />eetnbiiahed by the advance royalty regulations in effect at the time the <br />leaeee requesw approval to pay advance royalties N lieu of continued <br />operation. <br />Sec. 3. BONDS-Lessee shall maintain in the proper officeslease bond <br />in the amount ofE 6,800.00. The authorized officer may require an <br />increase in this amount when additional coverage ie determined <br />appropriate. <br />Sec. 4. DILIGENCE -This lease is subject to the condiciona of diligent <br />development and continued operation, except that these conditions ere <br />excused when operations under the lease are in terrupted by strikes. the <br />elements, or c;isualties not at[nbutable to the lessee. The lessor. in the <br />public interest, may suspend the condision of con timed operation upon <br />payment of advance royaities in accordance with the regulations in <br />existence at the time of [he suspension. <br />ssfttattetet ~ C~ <br />d <br />Theleesor reserves the power to accent to or order the suspension of the <br />terms and conditions of this lease in accordance with, inter alia, <br />Section 39 of the Mineral Leasing Act. 30 U.S.C. 209. <br />Sec. 5. LOGICAL MINING UNIT (LMUI Either upon approval by the <br />lessor of the lessee's application or at the direction of the lessor, this <br />lease shall become an LMU or part of an LMU, subject m the provisions <br />set forth in the regulations. <br />The stipulations eetabluhed in an LMU approval in effect at the time of <br />LMU approval will supersede the relevant inconsistent terms of this <br />lease so long ae the lease remains committed to the L.AtU. If the L\1lI of <br />which this lease is a pan is dissolved, the lease shall then be subject to <br />the lease terms which would have been applied if the lease had not been <br />included in an L\1U. <br />