|
11/04/2003 10:15 FAX 870 240 5367 BLIt/USFS @1003
<br />
<br />
<br />this section shall be closed to inspection by the public in
<br />accordance with the Freedom of Information Action (S U.S.C.
<br />552),
<br />Sea 7. DAIVIACrES TO PROPERTY AND CONDUCT OF
<br />OPERATIONS -Lessee shall comply at its oav expense wild
<br />all reasonable orders of the Secretary, respecting diligent
<br />operari~s. prevention of waste, and pmtecrion of other
<br />resources.
<br />Lessee shall not conduct exploration operations, other man
<br />casual use, without an approved exploration plan. All
<br />exploration .plans prior to the commencement of mining
<br />operations within an approved mining permit area shall be
<br />submitted to tbt suWorized officer.
<br />Lessee shall txtry on all operarions in accordance with approved
<br />methods and practices as provided in the operating regulations.
<br />having due regard for the preventiat of injury to ]iib, health, or
<br />praperry, and prevention of waste; datnage or degradation any
<br />land, air, water, cultural, biological, visual, and other t:esources,
<br />including mineral deposits and formations of mineral deposits
<br />not leased hereunder, and to outer land uses or users. Lessee
<br />steal l take measures deemed necessary by Lessor to accomplish
<br />thein[entofthisleaseterhr. Such measnresmayinclude,butnot
<br />limited to, modification toproposed siting or design offacilides,
<br />timing of operations, and specifications of interim and &nal
<br />reclamation prtx~dnres. Lessor restaves w itself the right [o
<br />lease, sell, or otherwise dispose of the surface cr other mineral
<br />deposits in We lands and rheright to continue existing uses and
<br />to authorize future uses upon or in the leased lands, including
<br />issuing leases for mineral deposits not covered hereunder and
<br />approving easements arights-of--way. Lessor shall condition
<br />such aces to prevent unnecessary m unreasonable interference
<br />with rights of Lessee as may be consistent with concepts of
<br />multiple use and multiple mintial development.
<br />Sec. 8. PROTECTION OF DIVERSE TN7'F,RESTS, AND
<br />EQUAL OPPORTIlN1TX - Lessee shall: pay when due all
<br />taxes legally assessed and levied under the laws of the State or
<br />the United Stares; accord all employees complete frttdom of
<br />purchase; pay all wages az least twice each month in lawful
<br />money of the United States; maintain a safe working
<br />environment in arrordance with standard industry practices;
<br />restrict the workday m not more than 8 hours itt anyone day far
<br />undagroundworkers, exceptin etnergences; andtakemeasures
<br />necessary to protect dre health and safety of the public. No
<br />person wader We age of 14 years shall be employed in any mine
<br />btlow the surface. To the extent that laws of the State in which
<br />the lands are situated are mare resttictive than theprovisions in
<br />Uris paragraph, rhea the State laws apply.
<br />Lessee will comply with all provisions of Executive Order No.
<br />11246 of September. ~, 1985, as amended, and me rules,
<br />regulations, and relevant orders of the Secretary of Labor.
<br />Neither Ixssee nor Lessee's subcontractors shalt maintain
<br />segregazed facilities.
<br />Sec. 9. (a) TRANSFERS • This lease may be transferred in
<br />whole or in pan to any person, assodation or corporation
<br />qualified m hold such lease inteaeati.
<br />Transfers of record ride, working err royalty interest must be
<br />approved in accordance with the regulations.
<br />(b) RELINQU15SD4ENT6 -The Lessee luny
<br />relinquish in writing az anytime all rights under this lease arany
<br />portion thereof as provided in the regulations. Upon Lessor's
<br />acceptance of the relingaisbmtnt, Lessee shall tie relieved of all
<br />futtue obligations under the least: of the relinquished portion
<br />[hereof; whichever is applicable.
<br />Sec. 10. DELIVERY OF PREIVII5ES, REMOVAL OF
<br />MACIDNERY, EQUIPMENT, ETC. - At snt~ times as aA
<br />portions of this lease ateretnrned to Lessor, Lessee shall deliver
<br />W to Lessor the land leased, tmderground tiatbermg, and such
<br />other supports and structures necessary for the preservation of
<br />the mine workings on the leasedptenrises or deposits and place
<br />all workings in condition for suspension or abandonment.
<br />Within 1g0 days thereof Lessee shall remove 8om [hepremises
<br />all other structures. machinery, equipment, tools. and tna[erials
<br />drat it elects m err as required by the au[hariud officer. Any
<br />such structures, machinery, egaipmtnt, tools, and materials
<br />remaining on the leased lands beyond 180 days, or approved
<br />extension rhcreof, shall become the property oP We Lessor, but
<br />Lessee shall either remove any or all such property or shall
<br />continue [o be Liable for the cost ofremoval and disposal in the
<br />amomrt actually incaxred by the Lessor. If the surface is owned
<br />by tirird panics, Lessor shall waive therequirement for removal,
<br />provided the third parties do not object to such waiver. Lessee
<br />shall, prior w [he termination of bond liability or at any other
<br />time when required and in accordance with all applicable laws
<br />and regtilatiws, reclaim all lands the saciace of which has been
<br />disnrrbed, dispose of all debris or solid waste, repair the offsite
<br />and onsite damage caused by'I.essee's activity or activities
<br />iacidwta! thereto, and reclaim at:cess rceds or trails. '
<br />Sea 11. PROCEEDINGS IN CASE OF DEFAULT - Tf
<br />Lesseefails wcamplywidr applicablelaws, existingregttlations,
<br />or the terms, conditions and stipulations of this lease, and the
<br />nonwmpliance continues for 30 days after written notice
<br />Wereofti this lease shall be subject to cancellation by the Lessor
<br />only by jaditaal proceedings. This provision shall not be
<br />construed m prevent the exerase by Lessor of any other legal
<br />andegnitableremedy,inclttdingwaiverofthedefaul[. Anysucb
<br />remedy m waives shall not prevent later cancellation fat the
<br />same default txxauring at any older time.
<br />Sec. 12. FIRS AND SUCCESSORS - IN-INTEREST -
<br />Fach obligation of this lease shall extend to and be binding
<br />
|