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is required to be consistent with the Federal law." Absent strict enforcement by MLRB of 30 CFR ~ 817.121 (c) .(5) it would appear-that Federal intervention would be required ~-Further, the mere'filing of an appeal at either the MLRB:or District:Court level -- -----cannot-in and of itself constitute a stay to any requirement found -- within DRMS's written decision. 6. Tatums include herein as Exhibit 2, page 16733 Federal Register Vol. 60 No. 62, Friday March 31, 1996, Exhibit 3, page 16734 Federal Register Vol. 60 No. 62, Friday March 31, 1996, Exhibit~4 page 16735 Federal Register Vol. 60 No. 62, Friday March 31, 1996, Exhibit 5, page 16736 Federal Register Vol. 60 No. 62, Friday March 31, 1996, Subsidence Control. ~ Basin/Westmoreland has introduced an "agreement" wherein they _ are attempting to state that such agreement waives Basin/Westmoreland from future subsidence claims by the Tatums. Tatums addressed this issue in their April 26, 2007 response. Tatums would further show the MLRB that: Exhibit 5, first column "One commenter asked that OSM make clear that any and all subsidence damage is subject to the requirements to repair and compensate indefinitely into the future, even if the permittee has previously repaired or settled with the affected property owner or pipeline. operator; and that OSM clarify that the obligation to repair is not dependent on active mining or an active permit or upon termination of jurisdiction by OSM. OSM agrees that once damage occurs, an underground mining operation has a statutory obligation to repair, which may not be negated by a prior agreement." Tatums disagree that the settlement Agreement in case O1 CV 38 bars the current NOV. Should the MLRB consider that the Settlement Agreement in O1 CV 38 has any impact on the current NOV, the Federal Rules preclude consideration of such an agreement and states that "an underground mining operation has a statutory obligation to repair, which may not be negated by a prior agreement." 7. Exhibits 2, 3 and 4 discuss the adoption of 30 CF §817.121 i3