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.~ <br />Should any or all of the three sites listed above be determined eligible ' <br />for Listing on the NRHP, the lessee will prepare a mitigative data <br />recovery plan to retrieve the scientific data contained in the sites. ' <br />Persons conducting mitigative field work must have a valid excavation <br />permit issued by BLH. The data recovery plan must be developed in <br />accordance with the Secretary of the Interior's guidelines for the <br />treatment of archaeological properties. All mitigative data recovery <br />plans are subject to review and approval by BLH and SHPO. Mitigation must <br />be completed before construction within the site boundaries begins. <br />2. If in its operations, the designated operator/lessee discovers any <br />cultural remains, monuments or sites, or any object of antiquity subject <br />to the Antiquities Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. Sec., <br />431-433}, the Archaeological Resources Protection Act of 1979 (Public Law <br />96-95), and 43 CFR, Part 3, the designated operator/lessee shall <br />immediately cease activity and report directly to the Area Manager. BLH <br />will then take necessary action to comply with the above Legislation. The <br />designated operator/lessee shall follow the mitigative requirements set <br />forth by the BLH concerning protection, preservation, or disposition of <br />any sites or material discovered. All known and identified sites will be <br />avoided by project design. If this is not prudent and feasible, <br />consultation with SHPO, as specified in 36 CFR 800, will be required. In <br />cases where mitigation is necessary, the cost of such mitigation shall be <br />borne by the designated operator/lessee, unless otherwise agreed upon. <br />3. The designated operator/lessee shall not knowingly disturb, alter, <br />destroy, or take any fossils of significant scientific interest, and shall <br />protect all such fossils in conformance with the measures included in the <br />approval of the mining plan. <br />4. The designated operator/lessee shall immediately report any such Fossils <br />that might be altered or destroyed by his operation to the attention of <br />the BLH authorized officer. Operations may continue as long as the fossil <br />specimen or specimens will not be seriously damaged or destroyed by the <br />activity. The BLH authorized officer shall evaluate or have evaluated <br />such discoveries brought to his attention and, within five working days, <br />shall notify the designated operator/lessee what action shall be taken <br />with respect to such discoveries. All such fossils of significant <br />scientific interest shall remain under the jurisdiction of the United <br />States until ownership is determined under applicable law. Copies of all <br />paleontological resource data generated as a result of the lease <br />operations will be provided to the BLH authorized officer. The cost of <br />any required salvage of such fossils shall be borne by the designated <br />operator/lessee. These conditions apply to all such fossils of <br />significant scientific interest discovered within the lease area. <br />ROADS AND PIPELINES <br />1. Access road upgrading shall be constructed and maintained in accordance <br />with BLH 9113 guidelines and Class C-Mountainous Rio Blanco County Road <br />standards. <br />l <br />16 <br />