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premises all other structures, machinery,
<br />equipment, tools, and materials that it elects to
<br />or as required by the authorized officer. Any
<br />such structures, machinery, equipment, tools, and
<br />materials remaining on the leased lands beyond
<br />160 days, or approved extension thereof, shall
<br />become the property of the lessor, but lessee
<br />shall either remove any or all such property or
<br />shall continue to be liable for the cost of
<br />removal and disposal in the amount actually
<br />incurred by the lessor. If the surface is owned
<br />by third parties, lessor shall waive the
<br />requirement for removal, provided the third
<br />parties do not object to such waiver. Lessee
<br />shall prior to•the termination of bond liability
<br />or at any other time when required and in
<br />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 written
<br />notice thereof, this lease shall be subject to
<br />cancellation by the lessor only by judicial
<br />proceedings. This provision shall not be
<br />construed to prevent the exercise by lessor of
<br />any other legal and equitable remedy, including
<br />waiver of the default. Any such remedy or waiver
<br />for the same
<br />shall not curring at any cancellation
<br />other a time.
<br />default o
<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, the resadmin`iTset administrators,
<br />successors, or assigns of parties
<br />hereto.
<br />Sec. 13. INDEMNIFICATION - Lessee shall indemnify
<br />and hold harmless the United States from any and
<br />all claims arising out of the lessee's activities
<br />and operations under this lease.
<br />Sec. 14. SPECIAL STATUTES - This lease is subject
<br />to the Federal Water Pollution Control Act (33
<br />U.S.C. 1151-1175), the Clean Air Act (42 U.S.C.
<br />1957 at. seq.), and to'all other applicable laws
<br />pertaining to exploration activities, mining
<br />operations and reclamation, including the Surface
<br />Mining Control and Reclamation Act of 1977 (30
<br />U.S.C. 1201 at. seq.).
<br />Sec. 15. SPECIAL STIPULATIONS - (a) CULTURAL
<br />RESOURCES. (1) may any activities
<br />that
<br />lands,
<br />that may
<br />lessee shall conduct a cultural resource
<br />intensive field inventory in a manner specified
<br />by the Authorized Officer (AO) of the BLM or of
<br />the surface managing agency, if different, on
<br />portions of the mine plan area and adjacent
<br />areas, or exploration plan area that may be
<br />adversely affected by lease-related activities
<br />and which were not previously inventoried at such
<br />a level of intensity. The inventory shall be
<br />conducted by a qualified professional cultural
<br />resource specialist (i.e., archaeologist,
<br />appropriate) approved by historical AO architect,
<br />surface
<br />managing agency (BLM if the surface is privately
<br />owned), and a report of the inventory and
<br />recommendations for protecting any cultural
<br />resources identified shall be submitted to the
<br />Regional Director of the Office of Surface
<br />Mining, the BLM authorized officer if activities
<br />are associated with coal exploration outside an
<br />approved mining permit area, or the AO of the
<br />surface managing agency, if different. Lessee
<br />shall undertake measures in accordance with
<br />instructions from the Regional Director, or the
<br />AO of the BLM, to protect cultural resources on
<br />the leased lands. Lessee shall not commence the
<br />surface disturbing activities until permission to
<br />proceed is given by the Regional Director or the
<br />AO of the BLM.
<br />(2) Lessee shall protect all cultural
<br />resource properties within the lease area from
<br />lease-related activities until the cultural
<br />resource part of mitigation
<br />an s approved m a iring can implemented as reclamation
<br />plan or exploration plan.
<br />(3) The cost of conducting the mitigation
<br />preparing reports, and carrying out
<br />measures shall be borne by lessee.
<br />(4) If cultural resources are discovered
<br />during operations under this lease, lessee shall
<br />immediately notify the Regional Director or the
<br />AO of the BLM if activities are associated with
<br />coal exploration outside an approved mining
<br />permit area. Lessee shall note disturb subsequently
<br />resources except as may
<br />authorized by the Regional Director or the AO of
<br />the BLM. Within five (5) working days of
<br />notification, the AO shall examine or have
<br />examined any cultural resources discovered and
<br />will determine if any action may be required to
<br />protect or preserve such discoveries.
<br />(b) PALEONTOLOGICAL RESOURCES. (1) Lessee
<br />shall not knowingly disturb, alter, destroy or
<br />take any fossils of significant scientific
<br />interest, and shall protect all such fossils in
<br />conformance with the measures included in the
<br />approval of the mining and reclamation plan or
<br />exploration plan.
<br />(2) Lessee shall immediately notify the
<br />Regional Director or the AO of the BLM of any
<br />fossil(EF) discovered during operations.
<br />Operations may continue as long as the fossil
<br />specimen(s) would not be seriously damaged or
<br />destroyed by the activity. Within five (5)
<br />working days of notification, the AO shall
<br />evaluate and/or cause to be removed such may be negotiated
<br />if mutually agreeable to theelessee and the AO,
<br />(3) The cost of any required paleontologic
<br />surveys and recovery of any fossil(s) of
<br />scientific value discovered during operations
<br />shall be borne by the lessee.
<br />(c) RESOURCE RECOVERY AND PROTECTION. (1)
<br />Notwithstanding
<br />recoveryand protection plan (R2P2) by the resource
<br />lessor reserves the right to seek damages against
<br />the operator/lessee, in the event (i) the
<br />operator/lessee fails to achieve maximum economic
<br />recovery (MER) (as defined at 43 CPR 3490.0-5(21)
<br />of the recoverable coal reserves or (ii) the
<br />operator/lessee is determined to have caused a
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