2009-06-18_PERMIT FILE - C1981018A (8)

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Page 4 of 4 Form 373P1 (July 1984) The lessee or permittee hereby agrees: UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT POWERSITE STIPULATION (a) If any of the land covered by this lease or permit was, on the date the lease or permit application or offer was filed, within a powersite classification, powersite re- serve, waterpower designation, or project on which an application for a license or preliminary permit is pending before the Federal Energy Regulatory Commission or on which an effective license or preliminary permit had been issued by the Federal Energy Regulatory Commission under the Federal Power Act, or on which an authorized power project (other than one owned of operated by the Federal Government) had been constructed, the United States, its permittees or licensees shall have the prior right to use such land for purposes ofpowerdevelopment so applied for, licensed, permitted, or authorized and no compensation shall accrue to the mineral lessee or mittee for loss of prospective profits or for damages to ~irovements or workings, or for any additional ea- pensecaused the mineral lessee as a result of the taking of said land for power development purposes. It is agreed, however, that where the mineral lessee or permittee can make adjustments of hia improvements to avoid undue interference with power development, he will be per- milted to do so at his own expense. Furthermore, oc- cupancy and use of the land by the mineral lessee or permittee shall be subject to such reasonable conditions with respect to the use of the land as may be prescribed by the Federal Energy Regulatory Commission for the protection of any improvements and workings construc- ted thereon for power development. (b) If any of the land covered by this lease or permit is on the date of the lease or permit within a powersite classification, powersite reserve, or waterpower designa- tion which is not governed by the preceding paragraph, the lease or permit is subject to the express condition that operations under it shall be so conducted as not to interfere with the administration and use of the land for powersite purposes to a greater extent than may be determined by the Secretary of the Interior to be neces- saryforthe most beneficial use of the land. In any case, it is agreed that where the mineral lessee or permittee can make adjustments to avoid undue interference with power development, he will be permitted to do so at his own expense.