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<br />Mr. Gerald Magnuson <br />' ;~- April 15, 1981 <br />:;~~aa- Page P. <br />..y: i <br />~y A <br />concerned that this contractual provision limits the rights of <br />the prospective lessee pursuant to 43 C.F.R. Section 3473.3- <br />2(d). The rights of a prospective lessee to seek royalty rate <br />reductions pursuant to 43 C.F.R. Section 3473.3-2(d) should <br />not be infringed through contractual provisions. To avoid the <br />inherent ambiguity between the lease provision and the rights <br />under 43 C.F.R. Section 3473.3-2(d), the above quoted <br />provision should be deleted. <br />Lease Provision - Section 31. SPECIAL STIPULATIONS: <br />"(a) All stipulations concerning compliance with <br />the requirements of the Surface Mining Control and <br />Reclamation Act will be included in the document <br />approving the mining plan." <br />OBJECTION: This provision is inconsistent with the internal <br />policy of the Office of Surface Mining Reclamation and <br />Enforcement ("OSM") to avoid, if possible, stipulations in <br />mine plan approvals. Moreover, Energy Fuels believes that it <br />is inappropriate for the BLM to require that the prospective <br />lessee assure that all stipulations concerning compliance with <br />the Surface Mining Control and Reclamation Act ("SbiCRA") be <br />included in the documents approving the mine plan. A decision <br />to include specific stipulations in the document approving the <br />mine plan should be made by OSM and the Colorado Mined Land <br />Reclamation Board ("NLRB"), not by the BLM in the form of a <br />lease stipulation. <br />"(b) The lessee shall be required to mitigate for <br />mule deer, elk, antelope, and sage grouse habitat <br />loss where applicable and the resultant loss or <br />displacement of these species, as key indicator <br />species, due to surface coal mining operations. <br />Concurrently with the filing of its mine plan, the <br />lessee shall submit for approval to the Bureau of <br />Land Management (BLM), a habitat recovery and <br />replacement plan for protection or enhancement of <br />mule deer, elk, antelope, and sage grouse popula- <br />tions affected by habitat loss or displacement from <br />historic habitat. <br />The habitat recovery and replacement plan shall be <br />developed in consultation with the BLi4 and the <br />Colorado Division of Wildlife based on estimates of <br />lost and disturbed habitat as described in the Green <br />River-Hams Fork Coal final Environmental Impact <br />Statement (EIS). If the mine plan submitted by the <br />