Laserfiche WebLink
where appropriate, field appraisal for determining the possible existence of larger and more <br />conspicuous fossils ofselcnlific significance. A report of the appraisal and recommendations for <br />protecting any larger and more conspicuous fossils ol'signiticant scientific interest on the leased <br />lands so identified shall be submitted to the authorized officer of the surface managing agency <br />(BLM if the surface is privately owned). When necessary to protect and collect the larger and <br />more conspicuous fossils of significant scientific interest on the leased lands the lessee shall <br />undertake lie measures provided in the approval of the mining and reclamation plan or <br />exploration plan. <br />A. The lessee shall not knowingly disturb, alter, destroy, or take any larger and more <br />conspicuous fossils of significant scientific interest, and shall protect all such fossils in <br />conformance with the measures included in the approval of the mining and reclamation plan or <br />exploration plan. <br />B. The lessee shall immediately bring any such fossils that might be altered or destroyed <br />by his operation to the attention of the Regional director or the District Mining Supervisor, as <br />appropriate. Operations may continue as long as the fossil specimen or specimens would not be <br />seriously damaged or destroyed by the activity. The Regional Director or the District Mining <br />Supervisor, as appropriate, shall evaluate or have evaluated such discoveries brought to his <br />attention and, within five (5) working days, shall notify the lessee what action shall be taken with <br />respect to such discoveries. <br />C. All such fossils of significant scientific interest shall remain under the jurisdiction of <br />the United States until ownership is determined under applicable law. Copies of all <br />paleontological resource data generated as a result of the lease tern requirements will be <br />provided to the Regional Director or the District Mining Supervisor, as appropriate. <br />D. The cost of any required salvage of such fossils shall be borne by the United States. <br />E. These conditions apply to all such fossils of significant scientific interest discovered <br />within the lease area whether discovered in the overburden, interburden, or coal seam or seams. <br />Resource Recovery and Protection <br />A. Notwithstanding the approval of a resource recovery and protection plan (R2P2) by <br />the BLM, lessor reserves the right to seek damages against the operator /lessee in the event <br />1. The operator/lessee fails to achieve maximum economic recovery (MER) (as <br />defined at 43 CFR 4380.4 -5 (2 1)) of the recoverable coal reserves or <br />2. The operator/lessee is determined to have caused a wasting of recoverable coal <br />reserves. Damages shall be measured on the basis of the royalty that would have been payable on <br />the wasted or unrecovered coal. <br />B. The parties recognize that under an approved R2P2, conditions may require a <br />modification by the operator/lessee of that plan. In the event a coal bed or portion thereof is not <br />to be mined or is rendered unmineable by the operation, the operator /lessee shall submit o <br />appropriate justification to obtain approval by the authorized officer (AO), such coalbeds or F <br />c') C . <br />portions thereof shall not be subject to damages as described above. Further, nothing in this c <br /><J <br />section shall prevent the operator /lessee from exercising its right to relinquish all or a portion &_� <br />_7 y <br />the lease from exercising its right to relinquish all or portion of the lease as authorized by statnte <br />�. �, <br />and regulation. <br />C. In the event the AO determines that the R2P2, as approved, will not attain MER as tie <br />r c <br />T <br />result of changed conditions, the AO will give proper notice to the operator /lessee as required � <br />T <br />under applicable regulations. The AO will order a modification if necessary, identifying 01 <br />additional reserves to be mined in order to attain MER. Upon a final administrative or judicial <br />9 <br />