Laserfiche WebLink
~aiver shall not prevent later cancellation for the same default <br />occurring at any other time. <br />Sec. 12. HEIRS AND SUCCESSORS - IlV-11VTEREST -Each <br />obligation of this lease shalt extend to and be binding upon, and <br />every benefit hereof shall insure to, the heirs, executors, <br />administrators, successors, or assigns of the respective parties <br />hereto. <br />Sec. 13. INDEMNIFICATION -Lessee shall indemnify and <br />hold harmless the United States from any and all claims arising <br />out of the Lessee's activities and operations under this lease. <br />Sec. 14. SPECIAL STATUTES -This lease is subject to the <br />Federal Water Pollution Control Act (33 U.S.C. 1151 - 1175); <br />the Clean Air Act (42 U.S.C. 1857 et seg.), and to all other <br />applicable laws pertaining to exploration activities, mining <br />operations and reclamation, including the Surface Mining <br />Control and Reclamation Act of 197'7 (30 U.S.C. 1201 et sec .) <br />Sec. 15. SPECIAL STIPULATIONS {a) Cultural <br />Resources. (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 />vhich maybe adversely affected by lease-related activities and <br />~hich were not previously inventoried at such a level of <br />tntensity. The inventory shall be conducted by a qualified <br />professional cultural resource specialist (i.e., archaeologist or <br />historian, as appropriate) approved by the authorized officer of <br />the Bureau of Land Management (BLM) and shall be <br />conducted in the manner that the authorized officer specifies. <br />(2) Lessee shall submit an inventory report, including <br />recommendations for protecting any signifcant cultural <br />resources, to the Regional Director, Western Regional <br />Coordinating Center, Offce of Surface Mining Reclamation & <br />Enforcement (OSMRE}, and the BLM authorized oflcer. <br />Lessee shall not begin swface disturbing activities until <br />permission to proceed is given by the appropriate authorized <br />oflcer. <br />(3) Lessee shall protect all lrnown cultwal resowce <br />properties within the lease area from lease-related activities <br />until cultural resources avoidance or mitigation measures can <br />be implemented as part of an approved exploration pIar~ or an <br />approved mining and exploration plan. <br />(4) The cost of conducting the inventory, preparing <br />reports, and carrying out mitigation measures shall be borne by <br />the lessee. <br />(S) If cultural resources are discovered during <br />operations under the lease, lessee shal} immediately notify the <br />authorized officer of the BLM or OSMRE. Lessee shall not <br />disturb such discovered resources except as subsequently <br />4 <br />authorized. Within two (2) working days of notification, the <br />authorized officer witI evaluate, or have evaluated, any cultural <br />resources discovered and will determine if any action may be <br />required to protect or preserve such discoveries. 'Cost of data <br />recovery for cultural resources discovered dwing lease <br />operations shall be borne by the surface managing agency <br />unless otherwise specified by the BLlv1 authorized ofEcer. <br />(6) All cultural resources discovered shall remain <br />under the jurisdiction of the United States until ownership is <br />determined under applicable law. <br />(7) If it becomes necessary to glace new facilities in <br />the area, particularly near any of the known resowces, a more <br />detailed examination of the placement of the facilities in <br />relation to the known resources shall be undertaken to evaluate <br />any anticipated impacts. <br />(b) Paleontological Resources. (1) Before <br />beginning surface disturbing activities on the leased lands, <br />lessee shall contact the BLM authorized officer to determine <br />whether lessee will be required to conduct a paleontological <br />appraisal of lease areas that may be adversely affected by <br />lease-related activities. Any paleontological appraisal required <br />shall be conducted by a qualified paleontologist approved by <br />the BLM authorized officer and in the manner the authorized <br />officer specifies. <br />(2) Lessee shall submit an appraisal report, including <br />recommendations for protecting any larger and more <br />conspicuous fossils of significant scientific interest identified <br />on the Ieased lands to the BLM authorized officer. <br />(3) If any such fossils are discovered during <br />operations under this lease, lessee shall immediately notify the <br />Regional Director, OSMRE. Operations may continue as long <br />as the fossil specimen(s) would not be seriously damaged or <br />destroyed by the activity. Within five (5} working days of <br />notification, the Regional Director, OSMRE, shall evaluate or <br />have evaluated such discoveries and shall notify the Iessee <br />what action shall be taken with respect to such discoveries. <br />(4) Lessee shall not knowingly disturb, alter, destroy, <br />or take any larger and more conspicuous fossils of significant <br />scientific interest and shall protect all such fossils in <br />conformance with the measwes included in the approved <br />mining and reclamation plan or exploration plan. <br />(5) These conditions apply to all such fossils of <br />significant scientific interest discovered within the leased <br />lands, whether discovered in the overburden, interburden, or <br />coal seam or seams. <br />(6) All fossils of significant scientific interest shall <br />remain under the jurisdiction of the United States until <br />ownership is determined under applicable la~v. <br />