Back to top

MODIFIED COAL LEASE

Industrial Lease Agreement

MODIFIED COAL LEASE | Document Parties: CLOUD PEAK ENERGY INC. | Jacobs Ranch Coal Company You are currently viewing:
This Industrial Lease Agreement involves

CLOUD PEAK ENERGY INC. | Jacobs Ranch Coal Company

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: MODIFIED COAL LEASE
Date: 8/8/2008

MODIFIED COAL LEASE, Parties: cloud peak energy inc. , jacobs ranch coal company
50 of the Top 250 law firms use our Products every day


QuickLinks -- Click here to rapidly navigate through this document


Exhibit 10.11

FM, Casper w/cy of atch.

UNITED STATES
  
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
  
MODIFIED COAL LEASE

 

Serial Number
  
WYW146744  
May 1, 2002

PART I.

        THIS MODIFIED COAL LEASE is entered into on June 1, 2006, by and between the UNITED STATES OF AMERICA, hereinafter called the Lessor, through the Bureau of Land Management, and

Jacobs Ranch Coal Company
P.O. Box 3013
Gillette, Wyoming 82717-3013

hereinafter called Lessee.

This modified lease shall retain the effective date of May 1, 2002, of the original coal lease, and is effective for a period of 20 years therefrom, and for so long thereafter as coal is produced in commercial quantities from the leased lands, subject to readjustment of lease terms at the end of the 20th lease year, May 1, 2022, and each 10-year period thereafter. The first readjustment date for the lease, as modified, will be May 1, 2022.

Sec. 1. This lease is issued pursuant and subject to the terms and provisions of the:

         ý Mineral Lands Leasing Act of 1920, as amended, 41 Stat. 437, 30 U.S.C. 181-287, hereinafter referred to as the Act;

         o Mineral Leasing Act for Acquired Lands of 1947, 61 Stat. 913, 30 U.S.C. 351-359;

and to the regulations and formal orders of the Secretary of the Interior which are now or hereafter in force, when not inconsistent with the express and specific provisions herein.

         Sec. 2.    Lessee, as the holder of Coal Lease WYW146744, issued effective May 1, 2002, was granted the exclusive right and privilege to drill for, mine, extract, remove or otherwise process and

1


 

dispose of the coal deposits in, upon, or under the lands described below as being in Campbell County, Wyoming:

T. 44N., R.70W., 6 th  P.M.


 

 

Sec. 26: Lots 8-12;
Sec. 27: Lots 1-16;
Sec. 28: Lots 1-16;
Sec. 29: Lots 1-16;
Sec. 30: Lots 5-20;
Sec. 31: Lots 5-20;
Sec. 32: Lots 1-16;
Sec. 33: Lots 4, 5,12,13;
Sec. 35: Lot 1;

 

 

 

 

 

T. 44N., R. 71 W., 6 th  P.M.


 

 

Sec 25: Lots 1-16.

 

 


(Containing 4,982.24 acres, more or less.)

The Lessor in consideration of fair market value, rents and royalties to be paid, and the conditions and covenants to be observed as herein set forth, hereby grants and leases to Lessee the exclusive right and privilege to drill for, mine, extract, remove, or otherwise process and dispose of the coal deposits in, upon, or under the lands described below as being in Campbell County, Wyoming:

T. 44N..R. 70W.. 6 th  P.M.


 

 

Sec. 26: Lots 6 (S 1 / 2 ), 7 (S 1 / 2 ).

 

 


(Containing 40.355 acres, more or less.)

containing within the lease, as modified, 5,022.595 acres, more or less, together with the right to construct such works, buildings, plants, structures, equipment and appliances and the right to use such on-lease rights-of-way which may be necessary and convenient in the exercise of the rights and privileges granted, subject to the conditions herein provided.

Part II. TERMS AND CONDITIONS

Sec. 1. (a) RENTAL RATE - Lessee shall pay Lessor rental annually and in advance for each acre or fraction thereof during the continuance of the lease at the rate of $3.00 per acre for each lease year.

         (b)   RENTAL CREDITS - Rental shall not be credited against either production or advance royalties for any year.

Sec. 2. (a) PRODUCTION ROYALTIES - The royalty shall be 12 1 / 2  percent of the value of the coal produced by strip or augur methods and 8 percent of the value of coal produced by underground mining methods as set forth in the regulations. Royalties are due to Lessor the final day of the month succeeding the calendar month in which the royalty obligation accrues.

         (b)   ADVANCE ROYALTIES - Upon request by the Lessee, the authorized officer may accept, for a total of not more than 10 years, the payment of advance royalties in lieu of continued operation, consistent with the regulations. The advance royalty shall be based on a percent of the value of a minimum number of tons determined in the manner established by the advance royalty regulations in effect at the time the Lessee requests approval to pay advance royalties in lieu of continued operation.

Sec. 3. BONDS - Lessee shall maintain in the proper office a lease bond in the amount of $8,121,000. The authorized officer may require an increase in this amount when additional coverage is determined appropriate.

2


Sec. 4. DILIGENCE  - This lease is subject to the conditions of diligent development and continued operation, except that these conditions are excused when operations under the lease are interrupted by strikes, the elements, or casualties not attributable to the Lessee. The Lessor, in the public interest, may suspend the condition of continued operation upon payment of advance royalties in accordance with the regulations in existence at the time of the suspension. If not already submitted, the Lessee shall submit an amended operation and reclamation plan pursuant to Section 7 of the Act (30 U.S.C. 207(c) within 3 years of the date of modification or prior to approval to commence mining operations.

Sec. 5. LOGICAL MINING UNIT (LMU) - Either upon approval by the Lessor of the Lessee's application or at the direction of the Lessor, this lease shall become an LMU or part of an LMU, subject to the provisions set forth in the regulations.

The stipulations established in an LMU approval in effect at die time of LMU approval or modification will supersede the relevant inconsistent terms of this lease so long as the lease remains committed to the LMU. If the LMU of which this lease is a part is dissolved, the lease shall then be subject to the lease terms which would have been applied if the lease had not been included in an LMU.

Sec. 6. DOCUMENTS, EVIDENCE AND INSPECTION - At such times and in such form as Lessor may prescribe, Lessee shall furnish detailed statements showing the amounts and quality of all products removed and sold from the lease, the proceeds therefrom, and the amount used for production purposes or unavoidably lost.

Lessee shall keep open at all reasonable times for the inspection of any duly authorized officer of Lessor, the leased premises and all surface and underground improvements, works, machinery, ore stockpiles, equipment, and all books, accounts, maps, and records relative to operations, surveys, or investigations on or under the leased lands.

Lessee shall allow Lessor access to and copying of documents reasonably necessary to verify Lessee compliance with terms and conditions of the lease.

While this lease remains in effect, information obtained under this section shall be closed to inspection by the public in accordance with the Freedom of Information Action (5 U.S.C. 552).

Sec. 7. DAMAGES TO PROPERTY AND CONDUCT OF OPERATIONS  - Lessee shall comply at its own expense with all reasonable orders of the Secretary, respecting diligent operations, prevention of waste, and protection of other resources.

Lessee shall not conduct exploration operations, other than casual use, without an approved exploration plan. All exploration plans prior to the commencement of mining operations within an approved mining permit area shall be submitted to the authorized officer.

Lessee shall carry on all operations in accordance with approved methods and practices as provided in the operating regulations, having due regard for the prevention of injury to life, health, or property, and prevention of waste, damage or degradation to any land, air, water, cultural, biological, visual, and other resources, including mineral deposits and formations of mineral deposits not leased hereunder, and to other land uses or users. Lessee shall take measures deemed necessary by Lessor to accomplish the intent of this lease term. Such measures may include, but not limited to, modification to proposed siting or design of facilities, timing of operations, and specifications of interim and final reclamation procedures. Lessor reserves to itself the right to lease, sell, or otherwise dispose of the surface or other mineral deposits in the lands and the right to continue existing uses and to authorize future uses upon or in the leased lands, including issuing leases for .mineral deposits not covered hereunder and approving easements or rights-of-way. Lessor shall condition such uses to prevent unnecessary or unreasonable interference with rights of Lessee as may be consistent with concepts of multiple use and multiple mineral development.

3


Sec. 8. PROTECTION OF DIVERSE INTERESTS, AND EQUAL OPPORTUNITY  - Lessee shall: pay when due all taxes legally assessed and levied under the laws of the State or the United States; accord all employees complete freedom of purchase; pay all wages at least twice each month in lawful money of the United States; maintain a safe working environment in accordance with standard industry practices; restrict the workday to not more than 8 hours in any one day for underground workers, except in emergencies; and take measures necessary to protect the health and safety of the public. No person under the age of 16 years shall be employed in any mine below the surface. To the extent that laws of the State in which the lands are situated are more restrictive than the provisions in this paragraph, then the State laws apply.

Lessee will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and the rules, regulations, and relevant orders of the Secretary of Labor. Neither Lessee nor Lessee's subcontractors shall maintain segregated facilities.

Sec. 9. (a) TRANSFERS
(Check the appropriate space)

ý

This lease may be transferred in whole or in part to any person, association or corporation qualified to hold such lease interest.

o

This lease may be transferred in whole or in part to another public body, or to a person who will mine the coal on behalf of, and for the use of, the public body or to a person who for the limited purpose of creating a security interest in favor of a lender agrees to be obligated to mine the


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates
Email:
This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more