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under this section. <br />(4) Subject to the right to appeal <br />hereinafter set forth, payment of the value of <br />the royalty on such unmined recoverable coal <br />reserves shall become due and payable upon <br />determination by the AO that the coal reserves <br />have been rendered unmineable or at such time <br />that the operator/lessee has demonstrated an <br />unwillingness to extract the coal. <br />~_ ..`Y. <br />(5) The BLM may enforce this provision <br />either by issuing a written decision requiring <br />payment of the MMS demand for such royalties, or <br />by issuing a notice of non-compliance. A <br />decision or notice of non-compliance issued by <br />the lessor that payment is due under this <br />stipulation is appealable as allowed by law. <br />THE UNITED STATES OF AMERICA <br />