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<br />equipment, tools, and materials that it elects
<br />to or as required by the authorized officer.
<br />Any such structures, machinery, equipment,
<br />tools, and materials remaining on the leased
<br />lands beyond 180 days, or approved extension
<br />thereof, shall become the property of the
<br />lessor, but lessee shall either remove any or
<br />all such property or shall continue to be liable
<br />for the cost of removal and disposal in the
<br />amount actually incurred by the lessor. If the
<br />surface is owned by third parties, lessor shall
<br />waive the requirement for removal, provided the
<br />third parties do not object to such waiver.
<br />Lessee shall prior to the termination of bond
<br />liability or at any other time when required and
<br />in accordance with all applicable laws and
<br />regulations, reclaim all lands the surface of
<br />which has been disturbed, dispose of all debris
<br />or solid waste, repair the offsite and onsite
<br />damage caused by lessee's activity or activities
<br />incidental thereto, and reclaim access roads or
<br />trails.
<br />Sec.ll. PROCEEDINGS IN CASE OF DEFAULT - If
<br />lessee fails to comply with applicable laws,
<br />existing regulations, or the terms, conditions
<br />and stipulations of this lease, and the
<br />noncompliance continues for 30 days after
<br />written notice thereof, this lease shall be
<br />subject to cancellation by the lessor only by
<br />judicial proceedings. This provision shall not
<br />be construed to prevent the exercise by lessor
<br />of any other legal and equitable remedy,
<br />including waiver of the default. Any such
<br />remedy or waiver shall not prevent later
<br />cancellation for the same default occurring at
<br />any other time.
<br />Sec.12. HEIRS AND SUCCESSORS-IN-INTEREST - Each
<br />obligation of this lease shall extend to and be
<br />binding upon, and every benefit hereof shall
<br />inure to the heirs, executors, administrators,
<br />successors, or assigns of the respective parties
<br />hereto.
<br />Sec.13. INDEMNIFICATION - Lessee Shall indemnify
<br />and hold harmless the United States from any and
<br />all claims arising out of the lessee's
<br />activities and operations under this lease.
<br />Sec.14. SPECIAL STATUTES - This lease is subject
<br />to the Federal Water Pollution Control Act (33
<br />U.S.C. 1151-1175), the Clean Air Act (42 U.S.C.
<br />1857 et. seq.), and to all other applicable laws
<br />pertaining to exploration activities, mining
<br />operations and reclamation, including the
<br />Surface Mining Control and Reclamation Act of
<br />1977 (30 U.S.C. 1201 et. seq.).
<br />Sec.15. SPECIAL STIPULATIONS (a) All
<br />stipulations concerning compliance with the
<br />requirements of the Surface Mining Control and
<br />Reclamation Act will be included in the document
<br />approving the mining plan.
<br />(b) The lessee shall be required to
<br />mitigate for mule deer, elk, antelope, and
<br />sharp-tail grouse habitat loss where applicable
<br />and the resultant loss or displacement of these
<br />species, as key indicator species, due to
<br />surface coal mining operations. Concurrently
<br />with the filing of its mine plan, the lessee
<br />shall submit for approval to the BLM, a habitat
<br />recovery and replacement plan for protection or
<br />enhancement of mule deer, elk, antelope, and
<br />sage grouse populations affected by habitat loss
<br />or displacement from historic habitat.
<br />The habitat recovery and replacement plan shall
<br />be developed in consultation with the BLM and
<br />the Colorado Division of Wildlife (CDOW) based
<br />on estimates of lost and disturbed habitat as
<br />described in the Green River-Hams Fork Coal
<br />final Environmental Impact Statement (EIS). If
<br />the mine plan submitted by the lessee indicates
<br />figures different from those used in the EIS as
<br />to quality and quantity of habitat lost or
<br />disturbed, mitigation alternatives shall be
<br />recalculated based upon revised data contained
<br />in the mine plan.
<br />The final habitat recovery and replacement plan
<br />shall indicate the methods to be employed by the
<br />lessee which will insure that the carrying
<br />capacity of the recovered or replaced land has
<br />the capacity to support applicable indicator
<br />species as agreed upon by the BLM and the CDOW.
<br />Mitigation methods may require the lessee to
<br />employ techniques for wildlife range
<br />manipulation or intensive wildlife range
<br />management. Habitat recovery may not be
<br />completely feasible in the permit area;
<br />therefore, recovery or replacement may be
<br />accomplished on lands made available through the
<br />surface management agency, the State or the
<br />lessee outside the permit area in combination
<br />with recovery and replacement methods on
<br />suitable lands within the permit area.
<br />The habitat recovery and replacement plan shall
<br />include the following:
<br />(1) A habitat analysis of the permit area
<br />which: (i) identifies the above species which
<br />occupy the permit area, and (ii) includes an
<br />analysis of the quality carrying capacity of the
<br />habitat for those species.
<br />(2) A detailed description of the methods
<br />selected by the lessee to mitigate habitat loss,
<br />together with a comparative analysis of
<br />alternate methods which were considered and
<br />rejected by the lessee and the rationale for the
<br />decision to select the proposed methods.
<br />The methods utilized ty the lessee for recover}•
<br />and replacement may include, but are not limited
<br />to the following techniques: (i) increasing the
<br />quantity and quality of forage available to
<br />wildlife, (ii) the acquisition of critical
<br />wildlife habitats, (iii) mechanical manipulation
<br />of low quality wildlife habitat to increase its
<br />carrying capacity for selected wildlife species,
<br />and (ivl recovery, replacement or protection of
<br />important wildlife habitat by selected fencing.
<br />3. A timetable giving the periods of time
<br />which will be required to accomplish the habitat
<br />recovery or replacement plan and showing how
<br />this timetable relates to the overall mining
<br />plan.
<br />4. An evaluation of the final plan by the
<br />CDOW. The State shall comment on the methods
<br />selected and the techniques to be employed by
<br />the lessee and may recommend alternate recovery
<br />or replacement methods. If the State has
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