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interest on the leased lands, the lessee shall undertake the measures provided in the approval of <br />the mining and reclamation plan or exploration plan. <br />(3) 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. <br />(4) Lessee shall immediately bring any such fossils that might be altered or destroyed by <br />his operation to the attention of the Regional Director. Operations may continue as long as the <br />fossil specimen(s) would not be seriously damaged or destroyed by the activity. Within five <br />(5) working days of notification, the Regional Director shall evaluate or have evaluated <br />such discoveries and shall notify the lessee what action shall be taken with respect to such <br />discoveries. (5) These conditions apply to all such fossils of significant scientific interest <br />discovered within the leased lands, whether discovered in the overburden, interburden, or coal <br />seam or seams. <br />(6) All fossils of significant scientific interest shall remain under the jurisdiction of the <br />United States until ownership is determined under applicable law. Copies of all paleontological <br />resource data shall be provided to the Regional Director. <br />(7) The cost of any required recovery of such fossils shall be borne by the United States. <br />(c) Resource Recovery and Protection. (1) Notwithstanding the approval of a resource <br />recovery and protection plan (R2P2) by the BLM, lessor reserves the right to seek damages <br />against the'operator/lessee in the event (i) the operator/lessee fails to achieve maximum <br />economic recovery (MER) (as defined at 43 CFR 3480.0-5(21) of the recoverable coal reserves <br />or (ii) the operator/lessee is determined to have caused a wasting of recoverable coal reserves. <br />Damages shall be measured on the basis of the royalty that would have been payable on the <br />wasted or unrecovered coal. <br />(2) The parties recognize that under an approved RM, conditions may require a <br />modification by the operator/lessee of that plan. In the event a coalbed or portion thereof is not to <br />be mined or is rendered unmineable by the operation, the operator/lessee snail submit appropriate <br />justification to obtain approval by the (AO) to leave such reserves unmined. Upon approval by <br />the A0, such coalbeds or portions thereof shall not be subject to damages as described above. <br />Further, nothing in this section shall prevent the operator/lessee from exercising its right to <br />relinquish all or portion of the lease as authorized by statute and regulation. <br />(3) In the event the AO determines that the RM, as approved, will not attain MER as the <br />result of changed conditions, the AO will give proper notice to the operator/lessee as required <br />under applicable regulations. The AO will order a modification if necessary, identifying <br />additional reserves to be mined in order to attain MER. Upon a final administrative or judicial <br />ruling upholding such an ordered modification, any reserves left unmined (wasted) under that <br />plan will be subject to damages as described in the first paragraph under this section. <br />(4) Subject to the right to appeal hereinafter set forth, payment of the value of the royalty <br />on such unmined recoverable coal reserves shall become due and payable upon determination by <br />the AO that the coal reserves have been rendered unmineable or at such time that the <br />operator/lessee has demonstrated an unwillingness to extract the coal. <br />(5) The BLM may enforce this provision either by issuing a written decision requiring <br />payment of the Natural Resources Revenue (ONRR) demand for such royalties, or by issuing a <br />