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~ • s <br />3 <br />The Grand Junction Resource Area Manager, Grand Junction District, recommends that the <br />reclamation portion of the bond be released. <br />Based on the record before this agency, it is hereby determined that: <br />1. No valid transfer of federal coal lease D-037766 from Thompson Creek Coal and Coke <br />Corp. to North American Resources Corporation was ever effected because the transfer was not <br />filed for approval as required by law and regulations. <br />2. Coal lease D-037766 was part of the assets of Thompson Creek Coal and Coke Corp. on <br />December 17, 1970, when the corporation dissolved. <br />3. Albert M. Keenan, as President and main stockholder, is presumed to have rweivrd coal <br />lease D-037766 in the distribution of the assets of the corporation. <br />4. The death of Albert M. Keenan on March 4, 1482, resulted in the constructive <br />relinquishment of D-037766 and extinguished any remaining rights in the lease as of that date. <br />THEREFORE, coal lease D-037766 is relinquished in its entirety effective March 4, 1982. The <br />Colorado State Office decision of Apri121, 1988, readjusting the lease, is hereby vacated as <br />moot. The lease bond in the amount of $2,000, currently being held as a cash bond, is released <br />and will be resumed to the Keenan Family Trust under separate cover. <br />Also, I hereby authorize, to the full extent allowed by law, refund of payments made after March <br />4, 1982, to the lease account for coal lease D-037766. Such refunds for overpayment are to be <br />made to the Keenan Family Trust. You must specifically request refund of the overpayments <br />from the Minerals Management Service (MIvIS), P.O. Box 5760 (M.S. 3220), Denver, Colorado <br />80217. Ms. Katherine Martinez, Lessee Contact Branch, MMS, telephone (303) 231-3307, can <br />provide you with information on how to request the refund. We suggest enclosing a copy of this <br />decision with your refund request. <br />~~w <br />H. Robert Moore -- <br />State Director `.._ - - <br />~: <br />Mary Jahnke, Jefferson Bank & Trust <br />DM, Grand Junction <br />Forest Supervisor, USDA-FS <br />MMS, Ref Data Br-Sec <br />OSMRE <br />