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United States Department of the Interior BUREAU OF LAND MANAGEMENT Colorado State Office 2850 Youngfield Street Lakewood, Colorado 80215-7076 IN REPLY REFER TO: DCT - 5 2~,,:; www.co.blm.gov RECEIVED Certified Mail BTIJ Empire Corporation 701 Market Street, Ste. 700 SL Louis, Missouri 63101-1826 Decision QCT ~ ~ 2UOJ co-921(xz) 3451 c-o126aso Coal Division of Minerals and Geology Lease Terms and Conditions Readiusted Coal lease C-0126480 was issued effective January 1, 1966, and was last readjusted effective ]anuary L 1996. It becomes subject to readjustment of its terms and conditions on January 1, 2006. Notice of intent to readjust coal lease C-0126480 was sent to the lessee on January 2, 2004. As provided in the Mineral Leasing Act of 1920, as amended (41 Stat. 437, 30 U.S.C. 181 et sea.), and the regulations at 43 CFR 3451, we aze hereby readjusting the terms and conditions of the lease. A copy of the lease is enclosed. The readjusted terms and conditions become effective January 1, 2006. This action has been reviewed for conformance with the Bureau of Land Management's public land health standards adopted Febmary 12, 1997. The readjustment will not adversely affect achievement of the public land health standards. The annual rental remains at $3 per acre or fraction thereof as provided in the current lease. The royalty rates established by law and by regulation at 43 CFR 3473.3-2 remain at 12Ya percent of the value of the coal removed from a surface mine and at 8 percent for coal removed from an underground mine. The value of the coal shall be determined in accordance with [he regulations at 30 CFR 206, as amended. The adequacy of the lease band is reviewed periodically and adjusted when necessary [o reflect changed conditions. The Little Snake Field Office staff has determined that the bond amount may be reduced to $45,000. Payments of rentals and royalties must be submitted [o the Minerals Management Service in accordance with that agency's regulations in Title 30, Code of Federal Reculations. In accordance with the regulations at 43 CFR 34SL2(b) 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 [erns 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, [he procedures outlined in the enclosed form CSO 1842- 1, Information on Taking Appeals to the Board of Land Appeals, must be strictly followed. The appellant has the burden of showing that the decision appealed from is in error. /,~~Cl Deputy State Director) Division of Energy, Lands and Minerals Enclosures Readjusted Lease Appeal Sheet (Form 1842-1) cc: FOM, Little Snake FO w/lse MMS w/Ise OSMRE w/Ise /CDMG w/Ise DOJ wQse Governor