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4 <br />(4J Lessee shall immediately bring any <br />-such fossils that might be altered or-destroyed <br />-~by ,hisoperation to. the--attention of the Regional <br />-Director. Operations-may~cdntinue as long as the <br />fdss~sl specimen(s) would not be seriously damaged <br />or destroyed--by.the activity. Within five (5) <br />working-~=days-~: -.of' notification, the Regional <br />-Director.-..shall].-evaluate or have evaluated such <br />- discoveriesi and sha12 notify the lessee what <br />.action -sha-11 be taken with respect to such <br />-~--_ - discoveries.. - - - <br />-~ (5) These conditions apply to all such <br />fossils of significant scientific interest <br />discovered within the leased lands, -whether <br />discovered in the overburden, interburden,- or <br />coal seam or seams. <br />(6) All fossils of significant scientific <br />C.yspali remain under the jurisdiction of <br />t e_d,~StaCQS until ownership is determined <br />that would have been payable on the wasted or <br />unrecovered coal. <br />(2) The parties recognize that under an <br />approved R2 P2, conditions- may require a <br />modification by the operator/lessee of that plan. <br />In the event a coalbed or portion) thereof is not <br />to be mined or is rendered unmineable by the <br />operation, the operator/lessee) shall submit <br />appropriate justification to obtain approval by <br />the (AO) to leave such reserves Iunmined. Upon <br />approval by the AO, such coalbeds or portions <br />thereof shall not be subject Ito damages as <br />described above. Further, nothing in this <br />section shall prevent the operaf~or/lessee from <br />exercising its right to relinquish all or portion <br />of the lease as authorized by statute and <br />regulation. <br />(3) In the event the AO determines that <br />the R2 P2, as approved, will not attain MER as the <br />to the Regional Director <br />(7)~The cost of any required recovery of <br />such fossils shall be borne by the United States. <br />- -Y~ __-(c) RESOURCE RECOVERY AND PROTECTION. (1) <br />- -Notwi=bhstanding ~-the approval of a resource <br />recovery and protection plan (R2 P2) by the ELM, <br />lessor reserves the-right to'seek damages against <br />the operator/lessee- in. 'the event (i)-_ the <br />-operatorJlessee fails to achieve maximum economic <br />recovery'(MER) (as-def fined at 43 CFR 3480.0-5(21) <br />of :Clie recoverable coal reserves or (ii) the <br />operRtor/}egd'ee-°is determined to have caused a <br />- - ass Cng= of= recove~a~b3e- ddal reserves.. Damages <br />'_ shall-be measu"red-on the basis of the royalty <br />under applicable regulations. The AO will order <br />a modification if necessaryf identifying <br />additional reserves to be mined in order to <br />attain MER. Upon a final administrative or <br />judicial ruling upholding such an ordered <br />modification, any reserves left urimined (wasted) <br />under that plan will be subject I to damages as <br />described in the first paragraph under this <br />section. I <br />(4) Subject to the right to appeal <br />hereinafter set forth, payment o€ the value of <br />the royalty on such unmined recoverable doal <br />reserves shall become due and payable upon <br />determination by the AO that the coal reserves <br />have been rendered unmineable orb at such -time <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 />y°S <br />Date r/_ <br />, .P <br />