PERMFILE136784

• Permit No: C1980004A
• IBM Index Class Name: Permit File
• Doc Date: 8/22/2006
• Section_Exhibit Name: Appendix C Right of Entry and Operation Information
• Media Type: D
• Archive: Yes

' workers, except in r •s of r ~gerr( employ no
' boy under the age o. sixteen ,d no su, or women,
without regard to age, in any mine below the eurlace;
unless the laws of the Stale otherwise provide~in wfiich
~ ~ case the Slate laws control. ~~ ^` '
ix .,
(m)'Ta:es. To pay when due, all lexes'IeNfully
assessed and levied under the laws~of the State or the
United Slates upon improvements, output oC mines, or
other rights, properly, or assets of the lessee. " "' '
`~.+~
(n) Overriding royalties. Not to create, by'dssigo-
menl w otherwise, en overriding royalty inlercat is
excess of 50 percent o[ the rele'of royalty first payable
to the United States under this lease of an overiding
royalty interest which when added to any oilier out-
standing overriding royalty interest extteds tfiet per•
tentage, excepting, that where an interest in Yhq leaso-
hold w in an operating agreement is assigned, the
assignor may retain an overriding royalty interest is
excess o! the above limitetlon If he shows to the
satisfaction o[ the Burceu of land Menegemerd, that he
has made eubstanlial investments for Improvements o0
the land covered by the assignment.
(o) Delivery o/ premises in case o/ forfeiture. [n
case of forfeiture of this lease, to deliver up to the
lessor in good order end condition the lend leased, io-
chiding ell buildings, end underground timbering end
such other supports and structures as are necessary Ew
the preservation of the mine m deposit.
$ec. ~. The lessor expressly reserves:
(a) Rigbls reserved. The right to permit for joint
or several use such easements or rightsrof-way, in-
cluding easements is tunnels upon, through, w in the
land lessed, occupied, w used es may 6e necessary or
appropriate to the working o[ the same w other lands
containing the deposits described in the wet, and the
treatment end shipment ;oE the products thereof by w
under euthwity o[ the GovemmenQ Its lessees w
permittees, and [or other public purposes.
(b) Disposition of sv/ac<. The right to lease,
sell, w otherwise dispose of the swface of the leased
lands under existing law w laws hereafter enacted, io-
solar ss said aw(ece is no[ necessary [or the use of the
lessee in the extraction and removal of the coal therein,
w to dispose of any resawtt in each lands whie6 will
not unreasonably interfere wIW operations under this
lease.
(c) Monopoly and /air prices. Furl power and
~~. euthwity to promulgate and~en[orce all the provisions of
section 30 0(lhe act to insure the sale o[ the production
o[ said leased tends to the United States end to the
pu6lie at reasonable prices, to prevent monopoly, end
to eafeguerd the pu6lie welfare.
,I 1I
u
(d) Readjustment o/ terms. The tight reasonably
to readjust and fix royalties payable hereunder and other
terms and conditions at the end o[ 20 years from the
date hereof and t:~ereafcer at the end o[ each succeeding
20.yeat period during the continuance of this lease
unleea otherwise provided by law at the time o[ the ex-
piation of any such period. Unless the lessee files
objetlions to the proposed terms or a relinquishment of
the lease within 30 days after receipt of the notice of
proposed terms fore 20.year period, ha will be deemed
to Mve agreed to such Iwms.
(r) Waiver of conditions. The right to waive any
breach of the conditions contained herein, ezcept the
breach of such conditions as are required by the wet,
but any such waiver shall extend only to the particular
breach so waived end shell not Limit the rights of the
lessor with re- `ct to rre breach; nor shall the
waiver o[ a p .tutor 'twat o! forfeiture prevent can-
cellation of this lease for any other reuse, w !or the
same cause occussing nt erwlher time.
Sec. 4. Relinquishment o/ lease. Upon a satisfactory
showing that the public interest will not be impaired,
the lessee may surrender the entire lease or any legal
subdivision thereof. A relinquishment must 6e Bled in
duplicate N the appropriate land olBee. Upon its
acceptance it shall he e[[ective as of the date it is
filed, subject to the continued obligation o[ the lessee
end his swety to make payment o[ all attrued rentals
and royalties end to provide [w the peeservation o[ any
mines or productive works w permanent improvements
on the leased lands in accordance with the regulations
erd terms of the lease.
$ec. 5. Protection o/ the sur/ace, natural resources,
and improvemmts. The lessee egrets to take such rea-
sonable steps es may 6e needed to prevent aperelions,
including operation of operating plants on the leased
premises, from unnecesaedly: (1) causing or contrib-
uting to soil erosion w damaging any forage and limber
growN on the leased lends or on Federal or non-Federal
lands in the vicinity; (2) polluting air end water, (3)
damaging crops, including forage, Umber, or improve-
ments of a surface owner, (4) damaging improvements
whether owned by the United States or by its permrlleea
or lessees; or (5) destroying, damaging, or removing (as-
sils, historic or prehtstaric ruins, or erU[ects; end upon
any partial or total rclingnishmmt or U+e enncetletion
or expiration of this lease, or at any other Ume prior
(hereto when required and to the extent deemed neces-
sary by the lessor to fill any sump holes, ditches, and
other excavations, iemove or cover atI debde, and, so
far es reasonably possible, restore the sudate o(the
leased land end access roads to its former condition,
including the removal of structures as end i[ required.
The lessor may prcseribe the steps to be taken and res-
toration ro 6e made with respect to the leased lands
and improvements thereon, whether or not owned by the
United States..
$ec. 6. Removal o/ equipment, eta, on iermiwtion o/
!ease. Upon termination of this lease, by surrender w
forfeiture, the lessee shall have the privilege at .any
Ume within a period of 90 days therca[ter of removing
from the prcmisea all machinery, equipment, tools and
materials, ezcepe underground timbering placed by the
lessee in or on the leased lands, which ere necessary
for the preservation of the mine. Any materials, tools,
appliances, machinery, structures, aid equipment,
subject to emowl es above provided, which ere allowed
fo remain on the leased lands shell become the property
of the lessor on expiration of the 90.day period ar such
extession thereof ss may be granted because of adverse
climatic conditions, but the lessee shell remove any or
ell of such property where so dircded by the lessor.
Sec. 7. Proceedings in case o/ de/wale. 1[ the lessee
shall not comply with any o[ the provis[ons of the act
o[ the_regulatiorw„thetiundeyorsdefaultcin-thrperform"~~
ante or observance of any of the provisions o[ this
lease, end such default shall continue for a period o[
30 days after service o[ written notice thereof by the
Iessw, the lessor may institute appropriate proceedings
in • court o[ competent jurisdiction for the forfeiture
and eancelletion of this lease ss Provided in section 31
of the act I[ the lessee [ails to take prompt and nec-
essary traps to prevent Loss or damage to the mine,
property, or premises, or danger to the employees, the
Iessw may enter on the premises and take such meas-
ures es may be deemed necessary to prevent such loss
w damage or to corrcet the dangerous or unsafe con-
dition o[ the mine w works thereat, which shall 6e at
the expenst of the lessen However, the lessee shall.