|
3
<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. 11. 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
<br />indemnify and hold harmless the United States
<br />from any and all claims arising out of the
<br />lessee's activities and operations under this
<br />lease.
<br />inventory shall be conducted by a qualified
<br />professional cultural resource specialist (i.e.,
<br />archaeologist, historian, or historical
<br />architect, as appropriate) approved by the AO of
<br />the surface managing agency (BLM if the surface
<br />is privately owned), and a report of the
<br />inventory and recommendations for protecting any
<br />cultural resources identified shall be submitted
<br />to the Regional Director of the Office of
<br />Surface Mining, the BLM authorized officer, if
<br />activities are associated with coal exploration
<br />outside an approved mining permit area, and the
<br />AO of the surface managing agency, if different.
<br />Lessee shall undertake measures in accordance
<br />with instructions from the Regional Director, or
<br />AO, to protect cultural resources on the leased
<br />lands. Lessee shall not coimnence the surface
<br />disturbing activities until permission to
<br />proceed is given by the Regional Director or the
<br />AO.
<br />(2) Lessee shall protect all known
<br />cultural resource properties within the lease
<br />area from lease-related activities until the
<br />cultural resource mitigation measures can be
<br />implemented as part of an approved mining and
<br />reclamation plan or exploration plan.
<br />13) The cost of conducting the inventory,
<br />preparing reports, and carrying out mitigation
<br />measures shall be borne by lessee.
<br />(4) If cultural resources are discovered
<br />during operations under this lease, lessee shall
<br />invnediately bring them to the attention of the
<br />Regional Director or the AO of the surface
<br />managing agency, if the Regional Director is not
<br />available. Lessee shall not disturb such
<br />resources except as may be subsequently
<br />authorized by the Regional Director or the AO.
<br />Within two (2) working days of notification, the
<br />Regional Director or the AO will evaluate or
<br />have evaluated any cultural resources discovered
<br />and will determine if any action may be required
<br />to protect or preserve such discoveries. Cost
<br />of data recovery for cultural resources
<br />discovered during lease operations shall be
<br />borne by the surface managing agency unless
<br />otherwise specified by the AO of the BLM or of
<br />the surface managing agency, if different.
<br />Sec. 14. SPECIAL STATUTES - This lease is
<br />subject to the Federal Water Pollution Control
<br />Act (33 U.S.C. 1151-1175), the Clean Air Act (42
<br />U.S.C. 1857 et. seq.), and to all other
<br />applicable laws pertaining to exploration
<br />activities, mining operations and reclamation,
<br />including the Surface Mining Control and
<br />Reclamation Act of 1977 (30 U.S.C. 1201 et.
<br />seq.).
<br />Sec. 15. SPECIAL STIPULATIONS - Sec. 15. (a)
<br />CULTURAL RESOURCES. (1) Before undertaking any
<br />activities that may disturb the surface of the
<br />leased lands, lessee shall conduct a cultural
<br />resource intensive field inventory in a manner
<br />specified by the Authorized Officer (AO) of the
<br />BLM or of the surface managing agency, if
<br />different, on portions of the mine plan area and
<br />adjacent areas, or exploration plan area that
<br />may be adversely affected by lease-related
<br />activities and which were not previously
<br />inventoried at such a level of intensity. The
<br />(5) All cultural resources shall remain
<br />under the jurisdiction of the United States
<br />until ownership is determined under applicable
<br />law.
<br />(b) PALEONTOLOGICAL RESOURCES. (1)
<br />Before undertaking any activities that may
<br />disturb the surface of the leased lands, lessee
<br />shall contact the BLM AO to determine whether
<br />lessee will be required to conduct a
<br />paleontological appraisal of the mine plan and
<br />adjacent areas, or exploration plan areas that
<br />may be adversely affected by lease-related
<br />activities. If the AO determines that one is
<br />necessary, the paleontological appraisal shall
<br />be conducted by a qualified paleontologist
<br />approved by the AO of the surface managing
<br />agency (HLM if the surface is privately owned),
<br />and in the manner the AO specifies.
<br />(2) Lessee shall submit an appraisal
<br />
|