Form
3440
-
1
UNITED STATES
(December 2019)
DEPARTMENT OF
THE
INTERIOR
BUREAU
OF
LAND
MANAGEMENT
APPLICATION
AND
LICENSE
TO
MINE
COAL
(FREE
USE)
FORM APPROVED
OMB
NO.
1004
-
0073
Expires: January 31, 2020
Office and Serial Number
No License may be awarded unless a completed Application form has been filed with the Bureau
of Land Management (BLM). Mineral Leasing Act, as amended (30 U.S.C. 181 et seq.)
SUBMIT
4
COPIES
APPLICATION
of
We,
of
of
of
hereby apply for a license to mine and remove coal from the following-described land:
acres, and in support of this application each states that he is a citizen of the United States and that the purpose for which the
coal mined hereunder is to be used is:
containing
for which approximately total of
tons is required annually.
Is the filing fee attached? Yes No (If "no," explain)
LICENSE
In consideration of the granting of the license applied for, the applicant(s) hereby
agree(s)
to the following express terms and conditions to wit:
Sec. 1.
That only so much of the land as may be necessary to conduct mining
operations hereunder will be used
or
occupied by said licensee(s).
The right is
reserved by the Bureau of Land Management (BLM) to dispose of any portion of said
land not already disposed of with reservation to the coal deposits, under any act
authorizing such disposition, such licensee(s) to observe in mining operations
hereunder all provisions of the laws under which any part of the land has been
or
may
hereafter be disposed of with reservation of the coal deposits therein and the right to
mine and remove the same.
Sec. 2a.
That all mining and removal of coal hereunder will be conducted in
accordance with approved methods and practices, as provided in the operating
regulations (43 CFR 3480 and
30
CFR
Chapter VII); that due provisions will be
made for prevention of fires in the mine
or
mines opened hereunder and for the safety
of miners
or
other workmen engaged therein, and reasonable diligence, skill, and care
will be exercised in all mining operations hereunder.
b.
Protection of surface, natural resources, and improvements.
The licensee(s)
agree(s)
to take such reasonable steps as may
be
needed to prevent operations on the
leased lands
from
unnecessarily;
(1)
causing or contributing to soil erosion
or
damaging crops, including forage, and timber growth thereon
or
on Federal
or
non
-
Federal lands in the vicinity;
(2)
polluting air and water; (3) damaging improvements
owned by the United States
or
other parties;
or
(4) destroying, damaging
or
removing fossils, historic or prehistoric ruins,
or
artifacts; and upon any partial
or
total relinquishment
or
the cancellation
or
expiration of this license,
or
at any other
time prior thereto when required and to the extent deemed necessary by the lessor to
fill any pits, ditches and other excavations, remove
or
cover all debris, and
so
far as
reasonably possible, restore the surface of the licensed land and access roads to their
former conditions, including the removal of structures as and if required. The lessor
may prescribe the steps to be taken and restoration to be made with respect to the
license lands and improvements thereon whether
or
not owned by the
United States.
c.
Cultural Resources.
If any items of historical, cultural,
or
archeological value
are discovered during performance of this license, licensee will immediately notify
the BLM and not disturb such items
or
features until the BLM issues instructions. If
licensee is ordered to take measures to protect any items
or
features of historical,
cultural,
or
archeological value discovered during performance on this license, cost
of the measures will be borne by licenser and such items and features will remain
under jurisdiction of the United States.
Sec. 3.
That the license
is
granted for a period of 2 years from the date hereof,
which may be extended upon application for such an extension and satisfactory
showing
as
to the mining of coal from the land, giving the amount of coal mined, the
disposition made thereof, and the condition of the mine.
Sec. 4.
That the right is reserved to cancel this license at any time, after a 30
-
day
notice of such purpose, for failure to mine and use the coal deposits in accordance
with the conditions and provisions of the act under which this license is issued, for
committing waste
or
other unnecessary damage to the land
or
the deposits therein,
for abandonment or nonuse,
or
for other violation of the terms of this license; that in
case
this
license is canceled prior to its expiration, or expires by limitation, all
mining machinery, tools, and appliances placed thereon by said licensee(s), except
underground supports
or
structures necessary for the preservation of the mine, will
be removed within 60 days from the date
of
expiration of notice of such cancellation;
otherwise said machinery, tools, and appliances will become the property of the
United States.
Sec. 5.
That the right
is
reserved to the Bureau
of
Land Management to permit,
upon such terms as may determine to be just, for joint
or
several uses, such
easements
or
rights
-
of
-
way, including easements in tunnels upon, through,
or
in said
lands,
as
may be necessary
or
appropriate to the working of the same
or of other
(Continued on page 2)
BURDEN HOURS STATEMENT:
Public reporting burden for this form
is
estimated to average 10 hours per response, including the time for reviewing instructions, gathering and maintaining data, and
completing and reviewing the form. Direct comments regarding the burden estimate
or
any other aspect of this form to
U.S.
Department of the Interior, Bureau of Land
Management, (1004-0073), Washington, D.C. 20240.
Bureau Information Collection Clearance Officer (WO-630), 1849 C Street, N.W., Mail Stop 401 LS,
set set
lands containing coal
or
other deposits described in said act, and the treatment and
shipment of the products thereof by
or
under authority
of
the United States, its lessees
or
permittees, and for other public purposes; also the right to dispose of any other
mineral deposits in the lands and the right to lease,
sell,
or
otherwise dispose of the
surface of the lands existing under law
or
laws hereafter enacted insofar as said
surface is not necessary for the use of the licensee(s) in his operations hereunder.
Sec. 6.
Equal
opportunity clause.
The licensee will comply with all provisions of
Executive Order
No.
11246 of September 24, 1965, and the rules, regulations, and
relevant orders of the Secretary of Labor. Neither licensee nor licensee's
subcontractor should maintain segregated facilities.
Sec. 9.
Special Stipulations
Sec. 7.
That the licensee(s) must submit operation and production reports in
accordance with the provisions of the operating regulations (43 CFR 3480 and 43
CFR
3440).
Sec. 8.
That operations under this license will be conducted in such a way as not to
interfere with the administration and use of the land to a greater extent than may be
determined by the Bureau of Land Management to be necessary for the most
beneficial use of the land in case any of land described herein is embraced in a forest,
reclamation, power or other withdrawal,
or
is
segregated for any particular purpose.
WE CERTIFY
That our purpose in obtaining this permit are consistent with purposes set
forth
in
43
CFR
3440.
(Date)
(Applicant's Signature)
(Date)
(Applicant's Signature)
(Date)
(Applicant's Signature)
(Date)
(Applicant's Signature)
Title 18 U.S.C. Section 1001 and Title 43 U.S.C. Section 1212, make it a crime for any person knowingly and willfully to make to any department or agency
of
the United
States any false, fictitious, or fraudulent statements
or
representations as to any matter within its jurisdiction.
LICENSE
APPROVED
Mineral Leasing Act
(30
U.S.C. 181), or Acquired Land Leasing Act
(30
U.S.C. 351),
and 43
CFR 3440, and is subject to all regulations now or hereafter in force when not inconsistent with any expressed and specific provisions herein, and to the terms and conditions
forth in this license.
A license for the lands, described above, is hereby issued under the
(Effective date
of
this license)
(Bureau
of
Land Management)
(Continued on page 3) (Form 3440-1, page 2)
____________________________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________________________
NOTICES
The Privacy Act and 43 CFR 2.48(d) require that you be furnished the following information in connection
with information required by this form.
AUTHORITY: 30 U.S.C. 208 permits collection of the information requested by this form.
PRINCIPAL PURPOSE: The BLM will use the information you provide to process your application, to record
adjudicative actions taken on your application and any subsequent license, to document administrative
actions taken, and to determine whether or not you are complying with the provisions of your license.
ROUTINE USES: The BLM will only disclose this information in accordance with the provisions at
43 CFR 2. 56(b) and (c).
EFFECT OF NOT PROVIDING INFORMATION: Submission of the requested information is necessary to obtain
a benefit. Failure to submit all the requested information or to complete this form may result in delay or preclude the
BLM's acceptance of your application for a coal lease.
The Paperwork Reduction Act requires us to inform you that:
BLM collects this information to determine whether or not you are qualified to hold a license to mine coal.
Submission of the requested information is necessary to obtain or retain a benefit.
You do not have to respond to this or any other Federal agency-sponsored information collection unless it displays a
currently valid OMB control number.
BXUGHQ+RXUV6WDWHPHQW: Public reporting burden for this form is estimated to average 21 hours per
response, including the time for reviewing instructions, gathering and maintaining data, and completing and
reviewing the form. You may submit comments regarding the burden estimate or any other aspect of this form to:
U.S. Department of the Interior, Bureau of Land Management (1004-0073), Bureau Information Collection Clearance
Officer (WO-630), 1849 C Street, N.W., Mail Stop 401 LS, Washington, D.C. 20240.
(Form 3440-1, page 3)