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order to attain MER. Upon a final <br />administrative or judicial ruling upholding such <br />an ordered modification, any reserves left <br />unmined (wasted) under that plan will be subject <br />to damages as described in the first paragraph <br />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 />that the operator/lessee has demonstrated an <br />unwillingness to extract the coal. <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 />By: ~"' "~ ' ~ ~ <br />e ty State Director, Colorado <br />Date: ~~ /O <br />' v-yr:y.til <br />