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r <br />-~--- UNITED STATES DEPARTMENT OF THE INTERIOR <br />OFFICE OF HEARINGS AND APPEALS <br />BOARD OF LAND APPEALS <br />Appeal of JIM AND ANN TATUM ) IBLA 96-91R <br />(ON RECONSIDERATION) ) <br />~.")" Date: March 6, 2000 <br />OSM'S RESPONSE TO APPELLANT'S "OPPOSITION TO TAE PETITION FOR <br />RECONSIDERATION AND REQUEST FOR STAY" <br />COMES NOW the Petitioner, Office of Surface Mining <br />Reclamation and Enforcement (OSM), and respectfully submits its <br />response to the Appellants' "Opposition to the Petition for <br />Reconsideration and Request for Stay" (Opposition). <br />I. INTRODUCTION <br />On January 26, 2000, OSM submitted a Petition for <br />Reconsideration and Request for Stay in this matter (Petition). <br />On February 16, 2000, the Appellants, through counsel, submitted <br />their "Opposition to the Petition for Reconsideration and Request <br />for Stay." In their Opposition, the Appellants, using several <br />arguments, urge the Interior Board of Land Appeals (IBLA or the <br />Board) to deny OSM's Petition. OSM urges the Board to consider <br />the Petition and to grant the relief requested therein. OSM will <br />address the Appellants' arguments below. <br />II. DISCUSSION <br />In their Opposition, the Appellants make two arguments in <br />