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(6) All fossils of significant scientific interest shall remain under the jurisdiction of the United States until <br />• ownership is determined under applicable law, <br />(7) The cost of any required recovery of such fossils shall be borne by the United Stales. Copies of all <br />paleontological resource data shall be provided to the Regional Duector, OSMRE. <br />(c) Resource Recovery and Protection, (1) Notwithstanding the approval of a resource recovery and <br />protection plan (R2P2) by the BLM, lessor reserves the right to seek damages against the operator/lessee in the <br />event (i) the operator/lessee fails to achieve maximum economic recovery (MER) (as detined at 43 CFR 3480.0- <br />5(21) of the recoverable coal reserves or (ii) the operator/lessee is determined to have caused a wasting of <br />recoverable coal reserves. Damages shall be measured on the basis of the royalty that would have been payable on <br />the wasted or unrecovered coal. <br />{2) The parties recognize that under an approved R2P2, conditions may require a modification by the <br />operator/lessee of that plan. In the event a coalbed or portion thereof is not to be mined or is rendered unmineable <br />by the operation, the operator/lessee shaltsubmit appropriatejustificafion to obtain approval by the (AO)~to leave <br />such reserves unmined. Upon approval by the AO, such coalbeds or porfions thereof shall not be subiect to <br />damages as described above. Further, nothing in this section shall prevent the operator/lessee from exercising its <br />right to relinquish all or portion of the lease as authorized by statute and regulaflon. <br />(3) In the event the AO determines that the R2P2, as approved, will not attain MER as the result of <br />changed conditions, the AO will give proper notice to the operator/lessee as required under applicable regulations. <br />The AO will order a modification if necessary, identifying addifional reserves to be mined in order to attain MER <br />Upon a final administrative or judicial ruling upholding such an ordered modification, any reserves left unmined <br />(wasted) under that plan wIll be subject to damages as described in the fast paragraph under this section. <br />~ ~ (4) Subject to the right to appeal hereinafter set forth, payment of dre value of the royalty on such unmined <br />recoverable coal reserves shall become due and payable upon determination by the AO that the coal reserves have <br />been rendered unmineable or a[ such tithe that the operator4essee has demonstrated an unwillingness to extracC[he <br />coal. <br />(5) The $LM may enforce this provision either by issuing a written decision requiring payment of the <br />MMS demand for such royalties, or by issuing a notice of non-compliance. A decision or notice ofnon-compliance <br />issued by the lessor that payment is due under this stipulation is appealable as allowed by law. <br />NOTICE <br />The Privacy Act and the regulation at 43 CFR 2.48(d) provide that you be furnished with the following information in connection with the <br />information required by~this lease. - <br />AUTHORTI'Y: 30 U.S:C. 181 et seq., 30 U.S.C. 351-359 <br />PRINCIPAL PURPOSE: The information required by this lease is used to allow the BLM to gather data relevant to the extent and quality <br />of public coal resources and to manage the leasing and development of coal in the public interest. <br />ROUTINE USES: (1) Report the amount of coal leased, entities to whom ]eased, and, in aggregate, production from leases for revenue <br />and other purposes. (2) Subject to restrictions and conditions stated in the lease, authorize the site-specific exVaction of public coal <br />resources. <br />EFFECT OF NOT PROVIDING INFORMATION: Report and disclosure of the information is mandatory for all lessees. <br />The Paperwork Reduction Act of 1980 {44 U.S.C. 3501, et seq.) requires us to inform you that: <br />This information is being collected [o authorize and evaluate proposed and ongoing mining operations on federal coal leases and to <br />compute revenues owed to lessor. ' <br />Response to this request is mandatory for the types of activities specified in 43 CFR Group 3400. <br />BURDEN HOURS STATEMENT <br />Public reporting burden for this form is estimated to range from ?S minutes for reviewing the instructions and completing and signing ttte <br />lease form to 500 burden hours foi complying with the information requirements connected with resource recovery and exploration plans <br />and mining plans. Direct comments regarding the burden estimate or any other aspect of this form to: U.S. Department of the Interior, <br />Bureau of Land Management, (Alternate) Bureau Clearance Officer, 1849 C St., N.W., Washington, D.C. 20240, and the Office of <br />Mona ;ement and Budget, Paperwork Reduction Project (1004-0073), Washington, D, C. 20503 <br />