|
~HN-IZ-uU wtU 12(10 Pit FAX N0. 3032393799 P. 05/07
<br />•
<br />Transfers oL record title, working or royalty
<br />interest m+~st be approved in accepdance with the
<br />regulations.
<br />(b) RELINQIIISHMENT9 - Tha Lessee may relinquish
<br />in writing at any time all rights under this
<br />lease or any portion thereof as provided in the
<br />requlatiats. Upon Lessor's acceptance of the
<br />relinquishment, Lessee shall be relieved of all
<br />future obligatior+s under the Lcasa or the
<br />relinquished portion thereof, whichever is
<br />applicable.
<br />Sec. 10. DELLVBRY OF PAEMISBS, AEplOVAI. OF
<br />IACHIItERY, EQUIPMENT, ETC. - AC such times as all
<br />portions aL this lease are returned to t•essor,
<br />Lessee shall deliver up to Lessor the land
<br />leased, undergxovnd timbering, and such ocher
<br />supports and structures necessary for the
<br />preservation of the mine workings on the leased
<br />premises or deposits and place all workings in
<br />condition toz suspension of abandonment. within
<br />1B0 days thereof, Lessee shall remove from the
<br />premises all other structures, machinery,
<br />equipment, tools, sad materials that it elects to
<br />or as required by the authorized officer. An
<br />such structures, machinery, equipment, tools, and
<br />materials remaining an the leased lends beyond
<br />180 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 he liable for the cost of
<br />removal and disposal in the amount actually
<br />incurred by the Lessor. If the Surlace is owned
<br />by third parties, Lessor shall waive t1+e
<br />requirement for removal, provided the third
<br />parties do riot obj act to Such waiver. Lessee
<br />shall, prior to the termination of bond liability
<br />or at any other time when regqvvfi red and in
<br />aecordanre with all applicable laws and
<br />re lotion„ reclaim all lands the surface of
<br />which hoe been disturbed, dispose of all debris
<br />or solid waste, repair the otisite and onsite
<br />damsga caused by Lessee's activity or activities
<br />incidental thereto, and reclaim access roads or
<br />trails.
<br />Seo. 11. PROCEEDIN09 ZH CASE OF DEFAIILT - If
<br />Lessee fails to comply with applicable laws,
<br />existing regulations, or the terms, conditions
<br />and stipulations of this lease, and [ho
<br />noncompliance continues for 30 daye after written
<br />notice thereof', this Lease shall he subjece to
<br />cancellation by [he 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 />shall not prevent later eonccllatioa for the some
<br />default occurring at any other time.
<br />See_ 12. BEIR9 AND SIICCE860RS - IN-INTEREST -
<br />Each obligation of this lease shall extend to and
<br />be binding upon, and every benefit hereof shall
<br />insure to, the heirs, executors, administrators,
<br />successors, or assigns of the respective parties
<br />hereto.
<br />Soc. 13. INtIFa4tIFIGTION - LeaSCC shall
<br />indemnity and (told harmless the United States
<br />from any and all claims arising out of the
<br />Lessee's activities and operations under this
<br />lease.
<br />Sae. 14. SPECIAL bTATUTEb - Tlt1.s lease is
<br />subject to the L'cderal Water Pollution Control
<br />ACt (33 U.S.C. 1151 - 1175)t the Clean Air Act
<br />(42 U.S.C, 1857 ~ se .), and to all other
<br />applicable laws pertaining to exploration
<br />activities, mining operations and reclamation,
<br />Secludingq the Surlace Mining Control and
<br />Aeelemation Act of 1977 (30 U.9.C. 1201 S se .)
<br />gee. 15. SPEC*iT. STIPIIIdTI0N9 - This lease is
<br />^ubject to sppacial stipulations la) Cultural
<br />Resources, Ib) Psleontologieal Resources, (cl
<br />Threatened and Endangered Species, (d) Wildlife,
<br />(e) Water, and (tl State Highway Right-of -Way
<br />which are incorporated into and made a part of
<br />rho terms and conditions for all lands included
<br />in modified coal lease COC 53510. These
<br />stipulations mey be waived or reduced in scope if
<br />circumstances change or Lf lessee can demonstrate
<br />that operations can be conducted without causing
<br />unacceptable impacts to the identiZied resource.
<br />(a) Cwlturel Ite.eurcea. (1) Before
<br />bcginninq any surface disturbing activities on
<br />the leased lands, lessee shall conduct an
<br />intensive (Class III) field ^urvey fez cultural
<br />resources on those portions of the mine plan and
<br />or exploration arcs of the lease that have not
<br />been previously inventoried. The inventory shall
<br />be eontlucted by a qualified professional cultural
<br />resource specialist fi.e., archaeologist or
<br />historian, as appropriate) aDDroved by the
<br />authorized officer o! the bureau of Land
<br />Management (Beat) and shall ba conducted in the
<br />manner that the authorized officer
<br />specifies.
<br />(21 Lessee shall submit an inventory report,
<br />including recommendations for proeecting any
<br />signifieanC cultural resources, to the Regional
<br />Director, western Regional Coordinating Canter,
<br />0£Pice of Surface Mining (OSM), and Che HLM
<br />authorized officer. Lessee shall not begin
<br />surface di.sturbinq activities until pessnission to
<br />proceed is given by the appropriate authorized
<br />officer.
<br />(3) Lessee shall protect all known cultural
<br />resource properties within the lease arcs from
<br />lease-related activities until cultural resources
<br />avoidance or mitigation measures can be
<br />implemented as pact of an approved exploration
<br />plan or an approved mining ono reclamation plop.
<br />(4) The ppCOSt of conducting the inventory,
<br />meaiurcagshnll rbe~bornc by rYe n= a ut mitigation
<br />(S) If cultural resources are discovered
<br />during operations under this lease, lessee shall
<br />immediatelyy notify the authorized officer of the
<br />BI•M or OSM. Lessee shall not disturb seen
<br />discovered resources exceppt as subsequently
<br />authorized. Within five (5) working days o!
<br />notification, the authorized officer will
<br />examine, or have examined, any cultural resources
<br />discovered and will determine if any ection may
<br />he required to protect of preserve such
<br />discoveries. Cost of data recovery foe cultural
<br />resources discovered during lease operations
<br />shall be borna by lessee.
<br />(61 All cultural resources discovered shall
<br />remain under the jurisdiction of the united
<br />States of America until the ownership is
<br />determined under applicable law.
<br />
|