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material as subsoil on 20 acres of the Morgan property. Opening Brief at pp. 24- <br />25. <br />Plaintiffs ignore the binding authority that prevents consideration of OSM <br />documents and offer no contrary legal basis for the Court to consider them. <br />Because none of OSM's determinations were made, let alone available to the <br />Board by the time that MLRB made its decision on PR -6, the Court must disregard <br />OSM documents, disregard plaintiffs' statements regarding them, and disregard <br />arguments based upon them. <br />B. The Board's Exclusion of the `Midnight Letters' from NRCS Was <br />Proper. <br />Plaintiffs complain that the Board should have admitted two letters written <br />by NRCS personnel, which they claim supported their views as to the future <br />productivity of the Morgan property. Plaintiffs' Brief at 25. However, these <br />letters were properly not considered by the Board because they were not provided <br />to DRMS until the night before the hearing (after business hours) and were never <br />provided to Western Fuels - Colorado. Rather, counsel for Western Fuels- Colorado <br />obtained a copy of the letters from DRMS at the lunch break of the hearing, after <br />hours of testimony had already elapsed. In these circumstances, exclusion of the <br />letters was proper. <br />100145923 2 1 15 <br />