6. DOCUMENTS. EVIDENCE AND INSPECTION - At such times and
<br />such Corm as lessor may prescnbe, lessee shall furnish detailed
<br />cements showing the amounts and quality of all products removed
<br />and sold from the lease, the proceeds therefrom, and the amount used
<br />for production purposes ar unavoidably lost.
<br />Lessee shall keep open at all reasonable times for the inspection of any
<br />duly authorized officer of lessor, the leased pram ises and all surface and
<br />underground improvements. works, machinery, ore stockpiles, equip-
<br />ment,and all books, accounts, maps, and records relative to operations,
<br />surveys, or investigations an or under the leased lands.
<br />Lessee shall allow lessor access to and copying of documents reason-
<br />ably necessary to verify lessee compliance with terms and conditions of
<br />the lease.
<br />While this lease remains in effect, information obtained under this
<br />section shall be closed to inspection by the public in accordance with
<br />the Freedom of Information Act IS U.S.C. ai21.
<br />Sec. 7. DAMAGES TO PROPERTY AND CONDUCT OF OPERATIONS -
<br />Lesseeshall comply at its own expense with all reasonable orders of the
<br />Secretary, respecting diligent operations, prevention oC waste, and
<br />protection of other resources.
<br />Lessee shall not conduct ex ploration operations, other then casual use,
<br />without en approved exploration plan. All exploration plans prior to
<br />the commencement of mining operations within an aDProved mining
<br />permit area shall be submitted to the authorized officer.
<br />Lessee shall carry on all operations in accordance with approved
<br />methods and practices as provided in the operating regulations, having
<br />due regard for the prevention of injury to life, health, or property, and
<br />prevention of waste, damage or degradation to any lend, air, water,
<br />cultural, biological, visual, and other resources, including mineral
<br />osits and formations of mineral deposits not leased hereunder, and
<br />char lend uses or users. Lessee shall take measures deemed
<br />cessary by lessor to accomplish the intent of this lease term. Such
<br />measures may include, but are not limited ro, modification to proposed
<br />siting or design of facilities, timing oCoperations. and specification of
<br />interim and final reclamation Drocedures. Lessor reserves to itself the
<br />right to lease, sell, or otherwise dispose of the surface or other mineral
<br />deposits in the lends and the right to continue existing uses and to
<br />authorize future uses upon or in the leased lands, including issuing
<br />leases for mineral deposits not towered hereunder and approving
<br />easements or rights-at-way. Lessor shall condition such uses to prevent
<br />unnecessary or unreasonable interference with rights of lessee es may
<br />be consistent with concepts of multiple use and multiple mineral
<br />development.
<br />Sec. 8. PROTECTION OF DIVERSE INTERESTS. AND EQUAL OPPORTU-
<br />NITY -Lessee shall : pay when due all taxes legally assessed and levied
<br />under the laws of the State ar the United States; accord all employees
<br />complete freedom of purchase; pay all wages at lease twice each month
<br />in lawful money of the United States; maintain a safe working
<br />environment in accordance with standard industry practices; restrict
<br />the workday to not more than 8 hours in any one day for underground
<br />workers. except in emergencies: and take measures necessary to protect
<br />the health and safety of the public. No person under the age of I6 years
<br />shall be employed in any mine below the surface. To the extent that
<br />laws of the State in which the lands are situated are more restrictive
<br />than the provisions in this paragraph, then the State laws apply.
<br />Lessee will comply with all provisions of Executive Order No. 11246 of
<br />September 24. 1965. as amended, and the rules. regulations, and
<br />relevant orders of the Secretary of Labor. Neither lessee nor lessee's
<br />subcontractors shall maintain segregated facilities.
<br />Sec. 9. (a) TRANSFERS
<br />$R This lease may be vanaCerred in whole or in part to any person,
<br />association or corporation qualified to hold such lease interest
<br />^ This lease may be transferred in whole or in part to another
<br />public body or to a person who will mine the troal on behalf o[, and
<br />for the use of. the public body or to a person who for the limited
<br />purpose of creating a security interest in favor of a lender agrees
<br />to be obligated to mine the coal an behalf of the public body.
<br />^ This lease may only be transferred in whole or in part to another
<br />small business qualified under 13 CFR 121.
<br />Transfers of record title, working ar royalty interest must be
<br />approved in accordance with the regulations.
<br />(b) RELINQUISHMENT -The lessee may relinquish in writing at any
<br />time all rights under this lease or any portion thereof as provided in the
<br />regulations. Upon lessor's acceptance of the relinquishment, lessee
<br />shall be relieved of all future obligations under the lease or the
<br />relinquished portion thereof, whichever is applicable.
<br />Sec. l0. DELIVERY OF PREMISES. REMOVAL OF MACHINERY, EQUIP-
<br />MENT, ETC. - At such time as all portions of this lease are returned to
<br />lessor, lessee shall deliver up to lessor the land leased, underground
<br />timbering, and such other supports and structures necessary for the
<br />preservation of the mine workings on the leased premises or deposits
<br />and place all workings in condition for suspension or abandonment.
<br />Within 180 days thereof, lessee shall remove from the premises ell other
<br />structures, machinery, equipment, tools, and materials that it elects to
<br />or as required by the authorized officer. Any such structures, ma-
<br />chinery, equipment, tools, and materials remaining on the leased lands
<br />beyond 180 days, or approved extension thereof, shall become the
<br />property of the lessor, but lessee shall either remove any or all such
<br />property or shall continue to be liable for the cost of removal and
<br />disposal in the amount actually incurred by the lessor. If the surface is
<br />owned by third parties, lessor shall waive the requirement for removal,
<br />provided the third parties do not object to such waiver. Lessee shall,
<br />prior to the termination of bond liability or at any other time when
<br />required and in accordance with all applicable laws and regulations,
<br />reclaim all lands the surface of which has been disturbed, dispose of all
<br />debris or solid waste, repair the offsite and onsite damage caused by
<br />lessee's activity or activities incidental thereto, and reclaim access
<br />roads or trails.
<br />Sec. l 1. PROCEEDINGS IN CASE OF DEFAULT - If lessee fails co comply
<br />with applicable laws, existi ng regulations. or the terms, conditions and
<br />stipulations oCthis lease, and the noncom Dliance continues Cor 30 days
<br />after written notice thereof, this lease shall be subject to cancellation by
<br />the lessor only by judicial proceedings. This provision shall not be
<br />construed to prevent the exercise by lessor of any other legal and
<br />equitable remedy, including waiver of the default. Any such remedy or
<br />waiver shall not prevent later cancellation for the same default
<br />occurring at any other time.
<br />Sec. I'2. HEIRS AND SUCCESSORS-IN-INTEREST • Each obligation of
<br />this lease shall extend to and be binding upon. and every benefit hereof
<br />shall inure to, the heirs. executors, administrators, successors. or
<br />assigns of the respective parties hereto.
<br />Sec. l3. INDEMNIFICATION -Lessee shall indemnify and hold harmless
<br />the [; niced States from any and all claims arising out of the lessee's
<br />activities and operations under this lease.
<br />Sec. l4. SPECIAL STATUTES-This lease is subject to the Federal Water
<br />Pollution Control Act (33 U.S.C. 1131-11 i5j, the Clean Air Act (42
<br />U.S.C. L857 et. seq.l, and co ell other applicable laws pertaining to
<br />exploration activities, mining operations and reclamation, including
<br />the Surface Mining Control and Reclamation Act of 1977130 U.S.C.
<br />1201 et. seq.l.
<br />~tS. SPECIAL STIPULATIONS- Special stipulations (a) Cultural Resources, (b) Wildlife, and
<br />Endangered Species Act are attached to and made apart of coal lease COC 51551.
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