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UNTTED STATES <br />DEPARTMENT OF THE INTERIOR <br />BUREAU OF LAND MANAGEh1ENT <br />COAL LEASE REAQIUSTME7IT <br />SerW IYunear D-04147R <br />Lease Dsy Ma~• fi- 19't (; <br />PART I. LEASE RIGHTS GRANTED <br />This lease, enured into by and between the Urttre:n STATES or Aweal[A. hereinafter called lessor, through the Bureau of Land Management, and <br />Chevron U.S.A. Inc. <br />c/o The Pittsbur,q 5 }Iidtany Coal 'lining Co. <br />6vOC South Fiddler's Greer. Circle <br />Englewood, Colorado SC 111-4991 <br />herciaafur called lessee. is readjusted effective flay 6, 1990 , for a period of 10 yesn and for so long thereafrer as coal is <br />orodueed in commercial quantum from the leased (ends, subject m readjustment oC lease arms et the end of each 14year lease Penna. <br />Sec. 1. This lease u issued punudnt and subject to the arms and provtatons of the: <br />® Mineral Lands Leasing Act of 1920, Act of February 25. 1920, u emended, 41 StaL 437, 30 U.S.C. 191-267, hereinafter reiemd to as the Act; <br />^ Mineral Leasing Act for Acquired Lands, Act of August i. 1947, 61 Stat. 913, 30 U.S.C. 351-,i59; <br />and u the regulations and formal orders of the Secretary of the Inurior which are now or hereafter in torn, when no[ inconeiatent with the ezpresa <br />and spedfic provisions herein. <br />See. 2. Lessor. in consideration of any reran, and royalties to be paid. and the conditions and covenants to ba observed v herein set forth. hereby <br />graau to lessee the ezcluaive right and privilege to drill for, mine, extract, remove, or otherwise process and dispose of the coal deposits in, upon. <br />or under the following described lands: <br />T. 4 N., R. SS 4;.,.6th P.?:. <br />sec. 18, lot 2. <br />T. 4 ~., R. 86 ld., 6th P.P1. <br />sec. 13, SE'~NEz <br />containing 80.06 art's, more or less, mgether with the right u construct such works, buildings, plants, structures. equipment sad appliances <br />sad the right to use such on-lease rights-of•way which may be neteseary and Convenient is the ezerciee of the rights and privileges gianud, sublact [o <br />the conditions herein provided <br />PART 11. TERMS AND CONDITIONS <br />See. 1. la) RENTAL RATE • Lessee shall pay lessor rental annually and <br />in advance for each acre oc fraction thereof during the trontinuanre of <br />the lease ar the nu off 3.00-----tor each lease year. <br />Ibl RENTAL CREDITS -Rental shall not be credited against either <br />production or advance royaltin for any year. <br />See. 2 lal PRODUCTION ROYALTIES • The royalty shall be (Surf a <br />12.5 percent and (underground) 8.0 par. <br />ant of the value otthe roal u set forth in the regulatiom. Roysltiee are <br />due to lessor the final day of the month succeeding the calendar month <br />in whirb the royalty obligation arxruea. <br />(b) ADVANCE ROYALTIES - Upoo requnt by the lessee, the authorized <br />officer may acrept, for a tool of not more than 10 yea: e, the payment of <br />advance royalties in lieu of continued operation, mmisunt with the <br />rcgulatioas. The advanre royalty shall be based on a perrent of the <br />value of a minimum Dumber of tore deuxmined W the manner <br />eatabiiahed by the advance royalty regulations in effect at the time the <br />lessee requnu approval to pay sdvanre royalties in lieu of continued <br />operation <br />See. 3. BONDS -Lessee scull maintain is the Draper office a lease bond <br />io the amouatoft5, 000.00. •Theautborized officer tray regmre an <br />increase W this amount when additional ooversge is deurmined <br />appropriate. <br />Sae. 4. DILIGENCE • This lease is subject m the trondiuom of diligent <br />development and continued operation, exrept that these Conditions are <br />ezeused when operacione under the lease are interrupted by strikes, the <br />elements, or cusualtia not attributable to the insee. The lessor. in the <br />public inureaL may suspend the condition of continued operation upon <br />payment of advance royaltin in accordance with the regulations in <br />ezisunce at the time of the euspenstoa. Lessee's failure u produce coal <br />in commarrial quantities at the end of 10 yeah shall terminate the <br />lease. Lessee shall submit an operation and reclamation plan punuent <br />m Settiop 7 of the Aet sot Isar than 3 yesn after the efleNte date of <br />Otis tmu readjumrtnit. <br />The lessor resrrves the power m assent to or order the suspension of the <br />arms end mndiuone of thu lease in aecordanre with, inter alias, <br />Section 39 of ~~te Mineral Leasing Act, 30 U.S.C. 209. <br />Sec. 5. LOGICAL MINING UNR (LMU) -Either upon approval by the <br />lessor of the lessee's application or at the direction of the lessor, Chu <br />lease shall become an LMU or pen of an LMU, subject to the provisions <br />set forth is the regulations. <br />Thestipulations ntabluhed N an IMU approval W effect ac the dmeof <br />LML' approval will supersede the relevant intronsiaunt urine of this <br />lease so long ss the lease remains committed m the LAtU. If the L.A7[I of <br />which this taste is a part u dissolved, the lease shall then he subject to <br />the lease terms which would have been applied if the lease had not been <br />included in an LMU. <br />