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scientific interest, and shall protect all such fossds in conformance with the measures included in [hc approval of the mining and reclamation plan or exploration plan. (4) Lessee shall immediately bring any such fossils that might be altered or destroyed by his operation to the attention of the Regional Director or the District Mining Supervisor, as appropriate. Operations may continue as long as the fossil specimen(s) would not be seriously damaged or destroyed by the activity. Within five (5) working days of notification, the Regional Director or [he District Mining Supervisor, as appropriate, shall evaluate or have evaluated such discoveries brought to his attention and shall notify [he lessee what action shall be taken with respect to such discoveries. (5) These conditions apply to all such fossils of significant scientific interest discovered within the leased lands, whether discovered in the overburden, interburden, or coal seam or seams. (6) All such fossils of significant scientific interes[shall remain under [hejurisdiction ofthe United States until owntership is determined under applicable law. Copies of all paleontological resource data generated as a result of the lease term requirements will be provided to the Regional Director or the District Mining Supervisor, as appropriate. (7) The cost of any required salvage of such fossils shall be home by the United States. (i) RESOURCE RECOVERY AND PROTECTION. (1) Notwithstanding the approval of a resource recovery and protection plan (R2P2) by the BLM, lessor reserves the right to seek damages against the operator/lessee in the event (i) the operator/lessee fails to achieve maximum economic recovery (MER) (as defined at 43 CIR 3480.0-5(21) of the recoverable coal reserves or (ii) the operator/lessee is determined to have caused a wasting of recoverable coal reserves. Damages shall be measured on the basis of the royalty that would have been olowvo Coal Co (Company o ssee Name) (Signature of Lessee) V.P. ~' Cdowyo (~eta~hons IJY~~Q~~~ (Title) IJY '1 (Date) payable on the wasted or umecovered coal. (2) The pazties recognize that under an approved R2P2, conditions may require a modification by the operator/lessee of that plan. In [he event a coalbed or portion thereof is not to be mined or is rendered unmineable by the operation, the operator/lessee shall submit appropriate justification to obtain approval by the AO to leave such reserves unmined. Upon approval by [he AO, such coalbeds or portions [hereof shall no[ be subject to damages as described above. Further, nothing in this section shall prevent the operatorflessee from exercising its right to relinquish all or portion of the lease as authorized by statute and regulation. (3) In the event the AO determines that the R2P2, as approved, will not attain MER as the result of changed conditions, the AO will give proper notice to the operator/lessee as required under applicable regulations. The AO will order a modification if necessazy, identifying additional reserves to be mined in order ro attain MER. Upon a final administrative or judicial ruling upholding such an ordered modification, any reserves left unmined (wasted) under that plan will be subject to damages as described in [he first paragraph under this section. (4) Subject to the right [o appeal hereinafter set forth, payment of the value of the royalty on such unmined recoverable coal reserves shall become due and payable upon determination by the AO that the coal reserves have been rendered unmineable or at such time that the operator/lessee has demonstrated an unwillingness to extract the coal. (5) The BLM may enforce this provision either by issuing a written decision requiring payment of the IvIIviS demand for such royalties, or by issuing a notice of non-compliance. A decision or notice of non-compliance issued by dte lessor that payment is due under this stipulation is appealable as allowed by law. ~~ r~ ~ _ r The United States of America ~~ J _ , ;_ ~/ (l'1 By ' /~~Sa..~. ~J7 G~~ e ~z. t~ (Signing O~t tcer) e¢~:<.P , ~-~-:.~,~~ ,gam-F-~@ ~~9,~..o-,~SL- ritl ) ~/.~~~ ~ (Date) Title 18 U.S.C. Section 1001, makes it a crime For any person knowingly and willfully to make to any department or agency of the United States any false, fictitious or fraudulent statements or representations as to any matter within itsjurisdiction.