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>c1' <br />Coordinating Center. Office of Surface 'Mining Reclamation & <br />Fnforcement (OSMRE). and the BLM authorized officer. <br />Lessee shall not begin surface disturbing activities until <br />permission to proceed is given by the appropriate authorized <br />off iccr. <br />(3) Lessee ,hall protect all known Cultural resource <br />properties within the lease area front lease-related activities <br />until cultural resources avoidance or mitigation measures can <br />be implemented as part of an approved exploration plan or an <br />approved mining and exploration plan. <br />(4) The cost of conducting the inventory, preparing <br />reports, and carrying out mitigation measures shall be borne by <br />the lessee. <br />(5) If cultural resources are discovered during <br />operations under the lease, lessee shall immediately notify the <br />authorized officer of the BLM or OSMRE. Lessee shall not <br />disturb such discovered resources except as subsequently <br />authorized. Within two (2) working days of notification, the <br />authorized officer will evaluate, or have evaluated, any cultural <br />resources discovered and will determine if any action may be <br />required to protect or preserve such discoveries. Cost of data <br />recovery for cultural resources discovered during lease <br />operations shall be borne by the surface managing agency <br />unless otherwise specified by the BLM authorized officer. <br />(6) All cultural resources discovered shall remain <br />under the jurisdiction of the United States until ownership is <br />determined under applicable law. <br />(7) If it becomes necessary to place new facilities in <br />the area, particularly near any of the known resources, a more <br />detailed examination of the placement of the facilities in <br />relation to the known resources shall be undertaken to evaluate <br />any anticipated impacts. <br />(b) Paleontological Resources. (1) Before <br />beginning surface disturbing activities on the leased lands, <br />lessee shall contact the BLM authorized officer to determine <br />whether lessee will be required to conduct a paleontological <br />appraisal of lease areas that may be adversely affected by <br />lease-related activities. Any paleontological appraisal required <br />shall be conducted by a qualified paleontologist approved by <br />the BLM authorized officer and in the manner the authorized <br />ot3icer specifies. <br />(2) Lessee Shall submit an appraisal report. including <br />reconnnendations Gar protecting ally lar-er and more <br />Coll.;picuuus fussily of ,ignilicant ;cicntilic interest identified <br />on the leased lands to the MAI Authorized officer. <br />(_) If any ;tICh f()ssil; :.tie kliscu? CrCd Lluring <br />cr:.ui.nts undt:r this Ic;t;e. le;src shall immediXCI% rrOtik the <br />as the fossil specimen(s) would not be seriously damaged or <br />destroyed by the activity. Within live (5) working days of' <br />notification, the Regional Director, OSMRE, shall evaluate or <br />have evaluated such discoveries and shall notify the lessee <br />what action shall be taken with respect to such discoveries. <br />(4) Lessee shall not knowingly disturb, alter, destroy, <br />or take any larger and more conspicuous fossils of significant <br />scientific interest and shall protect all such fossils in <br />conformance with the measures included in the approved <br />mining and reclamation plan or exploration plan. <br />(5) These conditions apply to all such fossils of <br />significant scientific interest discovered within the leased <br />lands,,whether discovered in the overburden, interburden, or <br />coal seam or scams. <br />(6) All fossils of significant scientific interest shall <br />remain under the jurisdiction of the United States until <br />ownership is determined under applicable law. <br />(7) The cost of any required recovery of such fossils <br />shall be borne by the United States. Copies of all <br />paleontological resource data shall be provided to the Regional <br />Director, OSMRE. <br />(8) Individual actions such as road construction, . <br />power line pole placement or ventilator shafts will need to be <br />examined on a case-by-case basis to determine what impacts if <br />any will occur to fossil resources. <br />(c) Resource Recovery and Protection. (1) <br />Notwithstanding the approval of a resource recovery and <br />protection plan (R2P2) by the BLM, lessor reserves the right <br />to seek damages against the operator/lessee in the event (i) the <br />operator/lessee fails to achieve maximum economic recovery <br />(MER) (as defined at 43 CFR 3480.0-5(21) of the recoverable <br />coal reserves or (ii) the operator/lessee is determined to have <br />caused a wasting of recoverable coal reserves. Damages shall <br />be measured on the basis of the royalty that would have been <br />payable on the wasted or unrecovered coal. <br />(2) The parties recognize that under an approved <br />R2P2, conditions may require a modification by the <br />operator/lessee of that plan. In the event a coalbed or portion <br />thereof is not to be mined or is rendered unmineable by the <br />operation, the operator/lessee shall submit appropriate <br />justification to obtain approval by the AO to leave such <br />reserves unmined. Upon approval by the AO, such coalbeds <br />or portions thereof shall not be subject to damages as <br />described above. Purther, nothing in this section shall prevent <br />the operator/lessee from exercising its right to relinquish Lill or <br />portion of the lase as authorized by statute and regulation. <br />tat In the c,--nt (lue .;O detennine.s that the !Z_)112. as <br />t?prc?c?i.:?ill not ;_ttiLtin Ml_R Lt; the rc,ult .>f? i.-.tn ie?l