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S <br />However, an enforcement order for cessation of operations issued by BLM, MSHA, <br />or OSMRE/SRA to the lessee/operator for nonviolation conditions ~ be grounds <br />for a suspension of operations and production Lf: <br />1. The condition that prompted the cessation of operations order is <br />not directly attributable to lessee/operator actions or inactions; and <br />2. The suspension of operations and production application filed by <br />the lessee/operator meets all the other requirements for approval. <br />A lessee's failure to timely file a mine plan to sllox for processing time, <br />including NEPA documentation, is not sufficient grounds to qualify a lease/EMIT <br />for a suapensioa of operations and production because it does not meet the <br />criteria established above. <br />b. BEM-Directed Suspension. Section 39 of MLA provides the Secretary <br />with the authority to direct the suspension of a coal or solid mineral lease <br />in the interest of conservation, if necessary. <br />3. Effects of a Suspension of <br />Other Requirements. <br />aerations and Production an <br />The following actions may be conducted during a auapenaion of operations and <br />production xithout causing termination of the suspension due to beneficial <br />use: <br />1. The sale or disposal of coal or solid minerals that were <br />' ertracted prior to the effective date of the approved <br />suspension of operations and production; <br />2. Activities which are considered "casual use;" and <br />3. Mine maintenance activities. <br />Although a suspension of operations and production does not allox the lessee <br />beneficial use of the lease, situations map arise xhere activities on the <br />suspended lease are necessary to operate adjacent leases Chat are not <br />suspended. For such situations, the lessee may apply for a right-of-xay or <br />temporary use permit under the regulations at 43 CFR 2800. Aovever, a <br />right-of-xay or temporary use permit does not authorize the holder thereof the <br />right to mine coal or solid minerals on a lease that is under a auapenaion of <br />operations and production. <br />a. Specific Terms and Other Requirements Affected. <br />Terms and Conditions Suspended. The following lease terms and conditions <br />are suspended for all coal or solid mineral leases during the effective period <br />of an approved suapensioa of operations and production: <br />° Rental <br />° Hinimum production and minimum royalty <br />° Beneficial use of the lease/EMU. (Suspension of operations and <br />production applies to all the lands in an I?iU, whether Federal or <br />non-Federal.) <br />Attachment 1-8 <br />