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.. ~ ~ C-3096~W <br /> ti <br />i <br />d t <br /> na <br />on <br />erm <br />k. That in the construction, operation, maintenance an <br /> of the facilities authorized by this right-of-way grant, the holder shall <br /> not discriminate against any employee or applicant for employment because <br /> of race, creed, color, sex or national origin. All subcontracts shall <br /> include an identical provision. <br /> 7o submit a non-returnable sum of $ 20.00 as reimbursement for <br />1 <br /> . <br />costs incurred by the United States in monitoring the construction, operation, <br /> maintenance and termination of the authorized facilities and for protection <br /> and rehabilitation of the lands involved, which amount has been paid and is <br /> hereby accepted. Following termination of the right-of-way grant, the holder <br /> will be required to pay additional amounts to the extent and in the event <br /> that actual costs incurred by the United States exceed the above-stated <br /> payment. <br /> m. To comply with all regulations at 43 CFR 2800 which are incorporated <br /> herein and made a part hereof. <br /> 3. STIPULATIONS -- the holder further agrees to comply with and be <br />Sec <br /> . <br />bound by the following stipulations, which are made a part hereof. For the <br /> purposes of these stipulations, the authorized officer shall be the Grand <br /> Junction Resource Area Manager, Bureau of Land Management. <br /> a. The holder sfiail immediately firing to the attention of the authorized <br /> officer any and all antiquities or other objects of historic or scientific <br /> fntemest tncluding~l but not t'ro'tted to; fiistorrc or prehistoric ruins, <br /> or artifacts discovered as a result of operations under this right-of-way <br /> grant. The holder shall immediately Suspend all activjties fn the <br /> area of the object and sfiail leave such discoveries intact until told <br /> to proceed by the authorized officer. Approval to proceed will be based <br /> - upon evaluation of the cultural significance of the object: F.vaiuation <br />• shall be by d qualified professional selected by the authorfzed officer <br /> from a Federal agency insofar as practicable, Nhen not practicable, the <br /> holder shall bear the cost of the services of a non-Federal professional. <br /> The holder shall follow the mitigation requirements set forth by the <br /> authorized officer concerning protection; preservation or disposition of <br /> any sites or material discovered. In those situations where the authorized <br /> officer determines that data recovery and/or salvage excavations are neces- <br /> sary; the holder shall bear the cost of such data recovery and/or salvage <br />~ <br /> opera tions <br />. <br /> b. The holder shall comply with the applicable Federal and state laws and <br /> regulations concern i.ng the use of pesticides (f;e., insecticides, herbicides, <br /> fungicides; rodenticides, and other similar substances) in all activities <br /> and/or operations under this right-of-way grant. The holder shall obtain <br /> from the authorized officer approval of a wrjtten plan prior to the use of <br /> such substances. The plan must provide for the type and nuantity of material <br /> to be used; the pest, i-nsect, fungus, etc.', to be controlled; the method of <br /> application; the location for storage and disposal of containers; and other <br /> pertinent information that the authorized officer may renufre. The plan should <br /> be submitted not later than December 1 of any calendar year that covers the <br /> proposed activities for the next fiscal year. Emergency use of pesticides <br /> may occur. The use of substances on or near the rfgfit~of-way area shall be in <br /> accordance with the approved pia n; A pesticide shall be used only in accordance <br /> with its registered uses and without other limitations if the Secretary of the <br /> Interior has not imposed restrictions, A pesticide shall not be used if the <br /> Secretary has prohibited its use. Pesticides shall not be permanently stored <br /> on public lands authorized for use under this ri9fit-of-way grant` <br /> r., Any upgradfing of tfie road facilities authorfzed herein (i,e„ widening, <br /> paving; etc.) shall be allowed only with prior- approval from the authorized <br /> officer. The authorized officer shall be notified at least two weeks prior <br /> to any major construction work: Major construction work does not include <br />• peniodic maintenance associated wf tfi normal use and operation of the road. <br />page 3 of 4 <br />