Laserfiche WebLink
measured on the basis of the royalty that would have been payable on the wasted or <br />unrecovered coal. <br />39. 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 coalbed or portion thereof <br />is not to be mined or is rendered unmineable by the operation, the operator /lessee shall <br />submit appropriate justification to obtain approval by the AO to leave such reserves <br />unmined. Upon approval by the AO, such coalbeds or portions thereof shall not be <br />subject to damages as described above. Further, nothing in this section shall prevent the <br />operator /lessee from exercising its right to relinquish all or portion of the lease as <br />authorized by statute and regulation. <br />40. In the event the AO determines that the R2P2, as approved, will not attain MER as the <br />result of changed conditions, the AO will give proper notice to the operator /lessee as <br />required under applicable regulations. The AO will order a modification, if necessary, <br />identifying additional reserves to be mined in order to attain MER. Upon a final <br />administrative or judicial ruling upholding such an ordered modification, any reserves left <br />unmined (wasted) under that plan will be subject to damages as described in the first <br />paragraph under this section. <br />41. Subject to the right to appeal hereinafter set forth, payment of the value of the royalty on <br />such unmined recoverable coal reserves shall become due and payable upon <br />determination by the AO that the coal reserves have been rendered unmineable or at such <br />time that the operator /lessee has demonstrated an unwillingness to extract the coal. <br />42. The BLM may enforce this provision either by issuing a written decision requiring <br />payment of the Minerals Revenue Management demand for such royalties, or by issuing a <br />notice of non - compliance. A decision or notice of non - compliance issued by the lessor <br />that payment is due under this stipulation is appealable as allowed by law. <br />7 <br />