|
reclamation procedures. Lessor reserves to itself the right to
<br />lease, sell. or othuwise dispose of the surface or other rninual
<br />deposits in thelends and the right m continue existing uses andto
<br />authoriu future uses upon or in the leased lands, including
<br />issuing leases for minval deposits not covered hueundu end
<br />approving easements or rights-of-way. Lessor shall condition
<br />such uses to prevent unnecessary or umeasanable interference
<br />with rights of Lessee es may be consistent with concepts of
<br />multiple use and multiple minual development.
<br />Sec. 8. PROTHCTION OF DIVERSE INTERESTS, AND
<br />EQUAL OPPORTUNITY -Lessee shag pay when due W]
<br />Imtes IegWly assessed and levied under the laws of the State a
<br />the United States; accord all employee complete freedom of
<br />purchase; pay all wagrs az (east twice wch month in lawful
<br />money ofthe United Smtrs; maintahra safewrorldngenvironment
<br />in accordance with standard indtutry practicrs; restriu du
<br />workday to not more than 8 hams in any one day for
<br />underground workers, except in emugences; and take measures
<br />necessary to protect the heWdr avd safety of the public. No
<br />person under the age of 16 years shall be employed in any mine
<br />below the aurfact. To the extent that laws of the Smm in which
<br />the !ands arc situated arc more restricUVe than [he provisions in
<br />this paragraph, then the Smte laws apply.
<br />Lessee will comply with all provisions of Executive Order No.
<br />11246 of September 24, 1965, as amend W, and the rules,
<br />regulations, and relevant orders of the Secretary of labor.
<br />Neither Lessee nor Lusce's subconvazmrs shall mainmin
<br />segregated facilities.
<br />Sa. 9. (a) TRANSFERS -This lease may be transfured in
<br />whole or in part To any puson, association or corporation
<br />qualified to hold such lease interest
<br />Transfers of record dtie, working ar royalty interest must be
<br />appmved.in ecrordance with the regulatient.
<br />(b) RELINQUISHMENTS -I-essee may relinquish in
<br />writing a! any time all rights Urdu this lease or any portion
<br />Thereof as provided in the regulations. Upon lessor's acceptance
<br />of the relinquishment, lessee shall be relieved of all future
<br />obligadons under dte lease or the relinquished portion tbereof,
<br />whichever is applicable.
<br />Sec 10. bEL[VERY OF PREM[SES, REMOVAL OF
<br />MACHINERY, EQUIPMENT, ETC. - At such times u all
<br />portions of this lease ue returned to lessor, lessee shall deliver
<br />up to lusor the land leased, unduground timbering, and such
<br />othu supports and structures accessary far the preservation of
<br />the mine workings on the leased premises or deposits aM place
<br />ill workings in condition for suspension or abandonment.
<br />Wittdn 180 days Werwf, lessce shall remove from the premises
<br />all othu structures, machinery, equipmenq tools, sod materials
<br />that it elects roar as required by the authorized officer. Any such
<br />^ - 3
<br />L
<br />swctmes, machipery, ee~Wpment, tools, and material remaining
<br />on the leased larl~{'%beyondil-$0 Uby¢7W~~provcd extension
<br />thereof, shell became the proputy of the lessor, but lessee shall
<br />eithu remove any or a!I such property or shall continue to be
<br />liable for the cost of removal and disposal in the amountactually
<br />incurred by Ne lessor. If the surfaze is owned by third panics,
<br />lessor shall waive the requirement for removal, provided Uw thvd
<br />patties do trot object to such waiver. I.esste shall, prior to lh<
<br />termination of bold 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 disturhed,dispose
<br />of ell debris or solid waste, repair the offsite and onsite damage
<br />caused by lessee's activity or activities irxidenml thereto, and
<br />rcelaim aceus made or trails.
<br />Sec ll. PROCF-F.DD~IGS IN CASEOF DEFAULT-If lessee
<br />fails Io comply with appfitable laws, existing regulations, or the
<br />terms, conditions and stipWadons of this tense, and the
<br />noncompliance continues for 30 days after wrinen notice theeof,
<br />this lease shall be subject [o cancellation by the lessor Doty by
<br />judicial proceedings. This provision shall not be consuued m
<br />prevent the exercise by lessor of any oNu legal end equitable
<br />remedy. including waiver of the defaWt Any such remedy or
<br />wvvu shall not prevent la[u cancellation for the same default
<br />oceurting et any othu time.
<br />Sec 12. HE1RS AND SUCCESSORS • IN-INTEREST-Each
<br />obligation of this lease shat l extend to and be binding upon, and
<br />every benefit hueaf shall insure m, the heirs, uecutors,
<br />adminisVaeors, successors, or assigns of Ne respective parties
<br />hereto.
<br />Sec. 1}, INDEMNIFICATION - I-essee shall indemnify and
<br />hold hmrNess [he United Smtes fmm any aM all claims arising
<br />out of the Lessu's activitiu and operaions undo this lease.
<br />Sec 14. SPECIAL STATOTFS -This lease is subject m dte
<br />Federal Water Pollmion Control A<t (33 U.S.C. 1151 - 1175);
<br />the Clean Air Ad (42 U.S.C. 1857 £ sue.), and m all othu
<br />applicable laws purairting to exploration aclivides, mining
<br />operations aM reclamation, including the Surtax Mining
<br />Canuol and Reclamation Act of 1977 (30 U.S.C. 1201 et sue.)
<br />Sec 15. SPECIAL STIPULATIONS (e) All stipulations
<br />concerning compliance with the requirements of the Surface
<br />Mining Control and Reclamation Ac[ will be iactuded in the
<br />document approving the mining plan
<br />(b) Lessee shall be required to mitigate for mWe deu,
<br />dk, antelope, and sharp-tail grouse habitat Loss where applicable
<br />and the rrsulfnn[ lass or displacement of these spuirs, as key
<br />indicator species, due to surface coal mining opuadons.
<br />CoxurrenBy, with the Rling of its mine plan, Icssce shill submit
<br />far approval to the BLM, a habitat ru;overy and replacement
<br />plan for protection or enhancement of mWe deer, elk, antelope,
<br />Exhibit 1, Item 1-6 Revision Date: 1/16/06
<br />Revision No.: MR-78
<br />
|