North 26th Street, Billings, Montana, when bids will be opened and read. Oral auction bids from those persons present will be received thereafter.

1. The lands, in Unit No. 1 are located in Oliver County approximately twelve miles south and east of the town of Hazen, North Dakota; in Unit No. 2 are located in Mercer County with the town of Stanton, North Dakota located about four miles to the northwest, and are offered as follows: Unit No. 1-M 15811 (ND): T. 143 N., R. 84 W., 5th Principal Meridian, North Dakota, Sec. 6: Lots 4, 5, SWNE, SE4NW, SE4, containing 311.34 acres. Unit No. 2-M 16257 (ND): T. 144 N., R. 84 W., 5th Principal Meridian, North Dakota, Sec. 20: SWNE, W1⁄2SE; Sec. 28: NSW4; Sec. 30: N1⁄2NE; Sec. 32: N1⁄2N1⁄2, containing 440.00 acres.

2. Sealed bids may be submitted to the Chief, Division of Technical Services, State Office, Bureau of Land Management, 316 North 26th Street, Billings, Montana 59101, on or before 1:00 p.m., M.D.T., October 27, 1971, which is the place, time and date of sale. Sealed bids received after that time and date will not be considered. Bids must be made on each unit separately, but no objection will be made to the award of each unit to the same successful bidder. Each envelope used for a sealed bid must be plainly marked that it is not to be opened before that hour and date, and must identify the unit and serial number. Sealed bids may not be modified or withdrawn unless the modifications or withdrawals are received before the date, time, and place set for the opening of such bids. 3. Bidders are warned against violation of Sec. 1860, Title 18 U.S.C. prohibiting unlawful combination or intimidation of bidders. No special form of sealed bid is required, but all bids must show the total amount bid, the amount bid per acre, the amount submitted with the bid, and be signed by the applicant or a person authorized to act for the applicant.

4. At 1:00 p.m., M.D.T., in Room 1033, Federal Building, 316 North 26th Street, Billings, Montana, on October 27, 1971, the authorized officer will open and read all of the sealed bids, if any, by unit. After all the sealed bids have been read and recorded, he will receive oral auction bids from those persons present. The amounts submitted by sealed bid by low bidders will be returned to them after the high bids are determined for each unit.

5. Each sealed bid must be accompanied by, and the highest qualified oral bidder on the day of the sale must submit the following: One fifth (%) of the amount bid in cash or by cashier's check, certified check, bank draft, or money order payable to the order of the Bureau of Land Management; a statement over the bidder's own signature with respect to citizenship and interests held similar to that prescribed in 43 CFR, Subpart 3502; and as to sole party of interest as specified in 3502.7. A completed and signed Form 1140-1, Equal Opportunity Compliance Report Certification, as required by 41 CFR 60-1.6 (b) and Executive Order No. 11246 of September 24, 1965, as amended. Failure to submit the executed Form 1140-1 may be cause for rejection of his bid as nonresponsive. Form 1140-3, Equal Opportunity in Employment Certification of Non-segregated Facilities in accordance with 41 CFR 60, as amended, and Executive Order No. 11246, as amended, will be made a part of any lease issued. Identical certifications must be obtained from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause. A statement in accordance with 43 CFR 7 as to whether he is an employee, the spouse of an employee, or agent of an employee of the Department of the Interior is required.

6. A lease, or leases, will be offered to the qualified bidder submitting the highest acceptable bid per acre, or fraction thereof. The Government reserves the right to reject any and all bids whether sealed or oral.

7. Leases issued as a result of this offering will provide for the payment of the following rents for each acre, or fraction thereof: $1.00 for each of the first five years, and $3.00 for the sixth and each succeeding lease year of the first 20-year period. Rental for any year shall be credited against the royalties as they accrue for that year. The royalty rate will be five percent (5%) of the gross value of the coal mined for each lease at the point of shipment to market, such point of shipment to be the mine or preparation plant as the case may be, but in no event will the royalty be less than fifteen (15) cents on every ton of 2,000 pounds of coal mined for the first ten (10) years and not less than seventeen and one-half (17%) cents on every ton of 2,000 pounds of coal mined for the remainder of the first 20-year period of the lease. The lessee agrees that the Secretary of the Interior, for the purpose of determining the royalties due thereunder, may establish reasonable minimum values for the minerals mined,

due consideration being given to the highest price paid for a part or a majority of the production of coal of like quality produced from the same general area, the price received by the lessee, posted prices, and other relevant matters.

8. Prior to the issuance of leases, the successful bidders must submit the following:

A. The balance of the bonus bid, the first year's rental and his share of the advertising costs of this offering. The successful bidder's share of publication costs shall be that proportion of the total publication costs that the number of units awarded to him bears to the number for which high bidders are declared. B. A compliance bond for each lease unit in the amount of $3,000 pursuant to the regulations in 43 CFR 3504.2-1(b). If the successful bidder has an approved full nationwide coal bond in the amount of $75,000 (43 CFR 3504.5-1), or an approved statewide coal bond in the amount of $25.000 (43 CFR 3504.6–1), for coal leases and permits on lands in the State of North Dakota, issued under 43 CFR Subpart 3510 and 3520 pursuant to the Mineral Leasing Act of February 25, 1920 (41 Stat. 437), as amended, it will operate for these liabilities.

C. A signed agreement to perform surface reclamation according to the general requirements and standard stipulations as listed in this offering. These accepted requirements and stipulations are in addition to and supplement Sec. 5 of coal lease Form 3130-1, which requires protection of the surface, natural resources and improvements on all lands, including privately-owned surface.

9. Sec. 2 of coal lease Form 3130-1 will be modified to include the following: Diligent development. The lessee agrees to begin operations under this lease with reasonable diligence and to begin production in commercial quantities at the beginning of the 6th year of the effective date of the lease, unless commencement of production is interrupted by strikes, the elements, or casualties not attributable to the lessee. The lessor may grant reasonable extensions of time for the commencement of production in accordance with regulations 43 CFR 3503.3–2 for reasonable periods of time in the interest of conservation or for other reasons when such action does not adversely affect the interest of the United States.

10. The following general requirements and stipulations are for the preservation, protection and reclamation of the environment (land, air and water) and other resources on lands included in this lease (offer) which may be disturbed or damaged as a result of exploration or mining activities of the operator.

A. GENERAL REQUIREMENTS

1. The lesee will be required to take all reasonable steps for the protection and restoration of the non-mineral resources which might be disturbed as a result of strip-mining operations. Foremost among these are livestock forage, wildlife habitat, watershed and aesthetic values.

2. The lessee will be required to take all reasonable steps to restrict the use of wheeled vehicles to established roads. He will be prohibited from taking water from any stock water pond without first obtaining proper authority. He will be required to contact the District Manager, where public survey corners are on mined land areas, for instructions on how to preserve the location of the corner so that it can be re-established.

3. The lessee will be required to take all reasonable steps to rehabilitate the mined area to a useful and productive condition consistent with land uses in the area. Rehabilitation may take, but is not limited to, the following form: Leveling, backfilling and revegetation of spoil banks and pit areas consistent with the latest practices of sound restoration methods.

4. In order to control conditions causing or contributing to water pollution, soil erosion, hazards to health, safety and property damage, and for the conservation of the resources and preservation of natural beauty, the lessee will design and perform all operations with a view to feasible rehabilitation and to the prevention of pollution and erosion.

5. The lessee will be required to comply with all State laws and regulations concerning coal mining including such laws and regulations pertaining to the protection and reclamation of surface resources and the protection of the land, air and water environment.

The office of the District Maager, Bureau of Land Management is in the Industrial Site, one-half mile west of Miles City, Montana. His phone number is: Area Code 406-232-4331.

These general requirements are the basis for the Standard Stipulations which follow.

B. STANDARD STIPULATIONS

1. Surface reclamation control

All spoil banks, coal slack and other wastes shall be disposed of and the area of and affected reclaimed in accordance with the following requirements:

(a) Soil Material.-In those areas to be strip-mined and identified by the District Manager, soil material will be removed and stockpiled. Following flattening and grading of the spoil banks and to the extent possible, the oil material will be spread over the reclaimed spoil banks prior to the revegetation work required in (c) below.

Soil Materials are those horizons containing topsoil and soils leached free of soluble salts and capable of sustaining plant growth and recognized as such by standard authorities.

(b) Spoil Banks.-All spoils within 660 feet of any public road, public building, or cemetery must be graded to a rolling topography traversable by farm machinery with slopes no greater than 4:1 unless the original grade in the area exceeds that.

On all affected land which is to be seeded to pasture the operator shall strike off all peaks or ridges to a minimum width of thirtyfive feet at the top.

On all affected land which is to be used for crops including hay, the operator shall grade peaks and ridges to a slope of not more than 4:1 and fill valleys in such manner that the area can be traversed with farm machinery reasonably necessary for such use.

Spoil banks on all other lands shall be flattened on the top to a width of not less than 25 feet and have side slopes no greater than 2:1, unless otherwise specified; they shall be so deposited that they do not block the flow of water nor produce sediment in drainages. Final grading of backfilled and other unconsolidated materials shall be performed so as to present a surface suitable for revegetation. To the degree practicable backfilling and final grading shall be completed within one (1) year after the completion or termination of the particular operation.

(c) Revegetation.-(1) Except for rock fences, bench fences, and excavations used for water impoundments, each surface area of the leased premises which will be disturbed by operations conducted by the lessee and identified by the District Manager shall be revegetated when its use for extractive purposes is no longer required.

(2) Seeding and planting shall be done in a manner to achieve a reasonable vegetative cover for wildlife, livestock and retardation of erosion as specified by the District Manager.

(3) All seed will be drilled except that aerial or ground broadcasting will be allowed in areas too steep or rocky for drilling.

(4) In the event that the first seeding is not successful, the operator will make a second attempt. Such attempt will generally not be sooner than two years after the first. No more than two seeding attempts will be required of the operator if he meets the requirements of the mining plan as it relates to seeding and planting.

(5) Following emplacement of soil material and to the degree practicable, revegetation shall be initiated within one (1) year after the completion or termination of the particular operation.

(d) Excavations.—(1) All slacked coal and other wastes shall be returned to the excavation and covered to a depth of not less than two (2) feet. When the District Manager determines that it would be desirable to use an excavation for the permanent impoundment of water or for other beneficial uses, the slack and wastes shall be transported to an alternate area identified by the District Manager and there covered to a depth of not less than two (2) feet.

(2) Where an excavation is to be left for permanent water impoundment. access should be provided at suitable intervals for persons, wildlife and livestock. (3) Surface coal mining operations that remove and do not replace the lateral support, unless mutually agreed upon by the operator and the adjacent property owner, shall not approach property lines, established right-of-way lines of any public roads, street, or highways closer than a distance of one and one-half (1%) times the depth of the excavation except where consolidated material or materials of sufficient hardness or ability to resist weathering and to inhibit erosion or sloughing exists.

2. Pollution control

(a) To prevent or abate environmental pollution any excessive amounts of pollutants will be prevented from reaching the air, water or land resources in

cluding surface watercourses and groundwater aquifers. "Excessive amounts" of pollutants means any amount which exceeds the maximum amount permitted by the Federal Water Pollution Control Administration or by the appropriate agency of the State of North Dakota.

(b) All access, haul and other support roads shall be located, constructed and maintained in such a manner as to control and minimize sloughing, channeling and other erosion.

3. Fire and safety control

(a) All operations shall be conducted so as to avoid range and forest fires and spontaneous combustion. Open burning of carbonaceous materials shall be in accordance with suitable practices for fire prevention and control. The operator shall take immediate steps to extinguish any fires in piles of coal wastes, slack or in any exposed face of in-place coal.

(b) The active mining areas shall be posted and fenced or otherwise protected where necessary to minimize injury to persons, livestock and wildlife. (c) Drill holes shall be temporarily protected at all times so as to prevent injury to persons, livestock and wildlife; they shall be permanently sealed when the need for the drill hole no longer exists.

4. Surface improvement control

(a) All existing improvements including but not limited to: gates, cattleguards, roads, trails, pipelines, bridges, public land survey monmuments and water development and control structures shall be replaced, restored or appropriately compensated for as soon as practicable in the event they are damaged or destroyed by company operations.

(b) Surface buildings, supporting facilities and other structures that have served their purpose shall be removed and the area graded and revegetated.

NOTICE OF COMPETITIVE COAL LEASE OFFERING BY BID AND ORAL AUCTION

COLORADO 3506

U.S. Department of the Interior, Bureau of Land Management, Colorado State Office, Denver, Colorado. Notice is hereby given that the lands hereinafter described, located in Moffat County, Colorado, approximately 6 to 9 miles south of Craig, Colorado, will be offered for competitive coal lease as one leasing unit by sealed bids, followed by oral auction, on the terms hereinafter specified to the qualified bidder of the highest cash amount per acre or fraction thereof as a bonus for the privilege of leasing the lands in accordance wtih the provisions of the Mineral Leasing Act of 1920 (30 U.S.C. sec. 181, et seq.) as amended, and the regulations in 43 CFR 3521.2–2(c) (1) and 3521.2-3. Submission of a sealed bid is not necessary for a bidder to be qualified to participate in the oral auction bidding.

Sealed bids may be submitted to the Bureau of Land Management, Room 700, Colorado State Bank Building, Denver, Colorado 80202, on or before 2 p.m., M.D.T., October 27, 1971. Sealed bids received after that time will not be considered. The envelope used by the bidder must be plainly marked that it is not to be opened before that hour and date, and must show that the bid is for coal lease Colorado 3506. Bids may not be modified or withdrawn unless the modifications or withdrawals are received prior to the time fixed for the bid opening. Each sealed bid must be accompanied by, and the highest oral bidder on the day of the sale must submit the following: One-fifth of the amount of the bid in cash or by cashier's check, certified check, bank draft, or money order payable to the order of the Bureau of Land Management, and a statement over the bidder's own signature with respect to citizenship and qualifications, interests held, and sole party in interest statement, as specified in 43 CFR 3502.

The lease will be offered to the qualified bidder submitting the highest acceptable cash amount per acre or fraction thereof as a bonus for the privilege of leasing the lands. The Government reserves the right to reject any and all bids whether sealed or oral.

At 2 p.m., M.D.T. on October 27, 1971, in Room 600-A, Colorado State Bank Building, sealed bids, if any, will be opened and read. After the sealed bids have been opened and read, oral auction bids will be received from those persons present. The amounts submitted by unsuccessful bidders will be returned to them. The successful bidder, as a condition of lease award, will be required to sign

a certificate to the effect that the bid was arrived at by the bidder or offeror independently, and was tendered without collusion with any other bidder or offeror. Independent Price Determination Certificate, Form 1140-6, will be used for this certification.

The following must be submitted with sealed bids, and if the successful bidder is an oral bidder, these items must be submitted prior to issuance of the lease: A. Form 1140-1, Equal Employment Opportunity Compliance Report Certification, required by Title 41 CFR 60-1.6(b). Form 1140-3, Certification of Nonsegregated Facilities, will be made a part of any lease issued and compliance with its provisions will be required effective upon execution of the lease. Identical certifications must be obtained from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause.

B. A statement in accordance with 43 CFR 7 as to whether he is an employee, the spouse of an employee, or agent of an employee of the Department of the Interior.

C. Form 1140-6, Independent Price Determination Certificate.

The lands offered are described as follows:

Township 5 North, Range 90 West, 6th P.M.

Sec. 7: Lots 5 through 20 (all); Sec. 8: Lots 1 through 16 (all); Sec. 17: Lots 2, 3, 4, 5, and 6; Sec. 18: Lots 5, 6, 7, and 12.

Township 5 North, Range 91 West, 6th P.M.

Sec. 1: Lots 17, 18, 19, and 20; Sec. 9: Lots 5 through 12; Sec. 10: Lots 5 through 16; Sec. 11: Lots 1 through 16 (all); Sec. 12: Lots 1 through 16 (all); Sec. 13: Lots 3 and 4; Sec. 14: Lots 1 through 8; Sec. 15: Lots 3, 4, 5, and 6. Containing 4780.38 Acres.

A lease, as a result of this offer, will provide for the payment of the following rentals for each acre or fraction thereof covered thereby: $1.00 for each of the first five years, and thereafter $9.50 per acre or fraction thereof per year for the remainder of the first twenty-year period of the lease. Rental for any year shall be credited against the royalties as they accrue for that year. The royalty rate for coal mined by strip or auger mining methods will be 5 percent of the value of the coal produced but not less than 172 cents per ton of 2,000 pounds for the first 10-year period of the lease and 20 cents per ton of 2,000 pounds for the second 10-year period of the lease. The royalty rate for coal mined by underground mining methods will be 4 percent of the value of the coal produced but not less than 15 cents per ton of 2,000 pounds for the first 10-year period of the lease and 172 cents per ton of 2,000 pounds for the second 10-year period of the lease.

A lease, as a result of this offer, will contain the following requirement for diligent development: "The lessee agrees to begin operations under this lease with reasonable diligence and to begin production in commercial quantities at the beginning of the 6th year of the effective date of the lease, unless commencement of production is interrupted by strikes, the elements, or casualties not attributable to the lessee. The lessor may grant reasonable extensions of time for the commencement of production in accordance with regulations 43 CFR 3503.3-2 for reasonable periods of time in the interest of conservation or for other reasons when such action does not adversely affect the interest of the United States."

A $10,000 lease bond is required pursuant to the regulations in 43 CFR 3504.2– 1(b).

The lessee will be required to submit a performance bond payable to the Secretary of the Interior in the amount of $5,000 to insure protection and reclamation of all lands in this lease. This bond is in addition to the bond required by the Mineral Leasing Act and 43 CFR 3504.2-1(b), but is not required to be filed until the lessee enters upon the lands described in the lease.

If the successful bidder has an approved full nationwide coal bond in the amount of $75,000 (43 CFR 3504.5–1), or an approved statewide bond in the amount of $25,000 (43 CFR 3504.6-1) for coal leases and permits on lands in the State of Colorado, issued under 43 CFR Subparts 3510 and 3520 pursuant to the Mineral Leasing Act of February 25, 1920 (41 Stat. 437), as amended, no additional bond will be required.

Prior to issuance of the lease, the high bidder must execute and file the lease form, in quintuplicate, and a satisfactory bond in the amount specified herein.