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JAN-05-2007 FRI 03:19 PM BLM COLD STATE OFFICE FAX N0. 303 239 3799 P. 05
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<br />deposits in the lands and the right [o continuo existing uses and ro
<br />authorize fume uses upon or in the leased lands, including
<br />issuing leases for mineral deposits not covered hereunder and
<br />approving easements or rights-of--way. Lessor shall condition
<br />such uses to prevent unnecessary or nnrracnnable interference
<br />with rights of Lessee as tray be consistent with concepts of
<br />multiple use and multiple mitttaul development.
<br />Sec. 8. PROTECTION OF DIVERSE INTERESTS, AND
<br />EQUAL OPPORTUNITY -Lessee shall pay when due all
<br />taxes legally assessed and levied under rite Laws of the State or
<br />the United States; accord all employees complete freedom of
<br />purchase; pay all wages at least twice each month in lawful
<br />money of the United States; maintain a safe working emirottment
<br />in accordance with standard indushy practices; restrict the
<br />workday Yo not more titan 8 hours in any one day for
<br />underg'ou~ workers, except in emergences; and take measures
<br />necessary m protect the health and safety of the public. No
<br />pet'son under the age of 16 years shall be employed in any mine
<br />below the surface. To the extent that laws of the State in which
<br />the lands are situated are more restrictive than the provisions [n
<br />this paragraph, then the Slate laws apply.
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<br />either remove any or all such property or shell continue to be
<br />liable for the costofremoval and disposal in rite amount actually
<br />incurred by the lessor. U the surface is owned by thud parties,
<br />lessor shall waive We requirememforremoval,provided the third
<br />parries do not abject ro such waiver. Lessee shall, prior m the
<br />termination of bond liability or at any other time when required
<br />and in accordance with all applicable laws and regulations,
<br />reclaim all lands the surface of which has been disaubed, dispose
<br />of all debris or solid waste, tepau the offsite and onsite damage
<br />caused by lessee's activity or activities incidental thereto, and
<br />reclaim access roazls or trails.
<br />Sec. 11. PROCEY•:UYNGSINCASEOFDEEAULT-Iflessee
<br />faits to comply with applicable laws, existing regulations, or the
<br />terms, conditions and stipulations of this lease, and the
<br />noncompliance continues far 30 days after written notice thereof,
<br />this lease shall be subject m cancellation by the lessor only by
<br />judicial proceedings. This provision shall not be construed to
<br />prevent the exercise by lessor of any other legal and equitable
<br />remedy, including waives of the default. Any such remedy or
<br />waiver shall not provent later canccllatioa for the same default
<br />acctmfng at any other time.
<br />• Lessee will comply with all provisions of Executive OMer No.
<br />11246 of September 24, 1965, as emended, and the rules,
<br />regulations, and relevant orders of the Secretary of Labor.
<br />Neither Lessee nor Lessee's subcontractors shall .na~nrain
<br />segregated facilities.
<br />Sea 9. (a) TRANSFERS -This ]ease may be transferred to
<br />whole m in pate to any person, association or corporation
<br />qualified to hold such lease interest-
<br />Transfers of record title, working or royalty interest must be
<br />approved in accordance with the regulations.
<br />(h) RELINQUISIIIYIEN iTS -Lessee may relinquish in
<br />writing at any time alJ rights under this least: or any portion
<br />thereof as provided in the regulations. Upon lessor's acceptance
<br />of the telinquishmen[, lessee shall he relieved of all funuc
<br />obligations under the lease or rho relinquished portion thereof,
<br />whichever is applicable.
<br />Sec. 10. DL'LCVERY OF PREMISES, REMOVAL OF
<br />MACTYTNERY, EQUIPMENT, ETC. - At such times as all
<br />portions of this lease are returned to lessor, lessee shall deliver
<br />up t0 lessor the land leased, underground timbering, and such
<br />other supports and struehues necessary for the preservation of
<br />the mine workings on [hc leased premises or deposits and place
<br />all worJdngs in condition far suspension or abandomnem.
<br />Within 180 days thereof, lessee shall remove from the premises
<br />• all Other 6tructures, machinery, equiprent, tools, and materials
<br />that it elects to or as required by the authorized officer. Any such
<br />structures, machinery, equipment, moll, and materials m~++•+*+ng
<br />on the leased lands beyond 180 days, or approved extension
<br />thereof, shall become the property of the lessor, but lessee shall
<br />Sec. 12. FIRS AND SUCCESSORS-IN-llVTERES't'-Each
<br />obligation of this lease shall extend to and be binding upon, and
<br />every benefit hereof shall insure m, the heirs, executors,
<br />adminiskarots, successors, or assigns of the respxtlve parties
<br />hereto.
<br />Sea 13. INDE111NIFICATJON -Lessee shall indemnify and
<br />hold harmless the United States from arty and all claims arising
<br />out of the Lessee's activities and operations under this lease.
<br />3ec.14. SPECLIL STATUTES -This lease is subject m me
<br />Federal Water Pollution Control Act (33 U.S.C. 1151- 1175);
<br />the Clean Air Ad (42 U.S.C. 1857 et ~.), and m all other
<br />applicable laws pertaining to explomaion activities, mining
<br />operations and reclamtuion, including the Surface Mitring
<br />Control and Reclamation Act of 1977 (30 U.S.C. 1201 et sa .)
<br />Sec. 15. SPECIAL STIPULATIONS (a) Cultural
<br />12emuraes. (1) Before beginning any surface disturbing
<br />activities on the leased lands, lessee shall conduct a cultural
<br />resource intensive field inventory on those portions of the
<br />mine plan area and adjacent areas, or exploration plan area,
<br />which maybe adversely affected by lease-related activities and
<br />which were not previously inventoried at such a level of
<br />iatensiry. The inventory shall be conducted by a qualified
<br />professional cultural resource specifllist (i.e., amhaeologist or
<br />historian, as appropriate) approved by the auhorized officer of
<br />the Bureau of Land Management (BLM) and shall be
<br />conducted in the manner that the authorized offfeer specifies.
<br />(2) Lessee shall submit an inventory report, including
<br />recotnmeadatior>v for protecting any significant cultural
<br />resources, m the ltegronal Director, Western Regional
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