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scientific interest, and shall protect all such fossils in <br />conCormante with the measures included in the approval o[ the <br />mining and reclamation plan or exploration plan. <br />(4) Lessee shall immediately bring any such fossils Ihsl <br />might be a)fered ordutroyed byhis mpemtian m [he edrn[ion of <br />the Regional Director or [he District Mining Supttvisoq as <br />appropriate. Opmadons may condnue as long as [he fossil <br />specimen(s) would not beserieusly damaged or deawyed by the <br />amivity. Within five (5) working days of rmtification, the <br />Regional Director or the District Mining Supervisor, as <br />appropriate, shall evaluate or have evaluated such discoveries <br />brought to his attention and shall notify the lessee what action <br />shall be taken with rupect m such discoveries <br />(5) These conditions apply [o all such fossils of <br />significant scientific interest discovered within the leased lands, <br />whether discovered in the overburden, interburden, or coal seam <br />or seams. <br />(6) All such fossils of significant scientific interest shall <br />remain under thejunsdictionof the United States anti! owrnrship <br />is determined under applicable law. Copies of all <br />paleonmlogical resource data generated as a result of the Ieaze <br />term requirements will be provided to the Regional Director or <br />the District Mining Supervisor, as appropriate. <br />(7) The cost of any required salvage of such fossils shall <br />be borne by the United States. <br />(i) RESOURCE RECOVERY AND PROTECTION. <br />(q Notwithstanding the approval of a resomce recovery and <br />protection plan (1iZP2) by the B[-M, lesor ruerves the right to <br />seek damages against the opmator/lessee in the event (i) the <br />operatorAesue 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 opmator/lessee is determined to have <br />causeda wasting ofrecevernble teal reserves. Damages shall be <br />measured on the basis of the royalty that would have been <br />payable on the wasted or umecovered coal. <br />(2) The parties raogniu that under an approved R2P2, <br />mnditions may requires modification by the opmamr/Iessee of <br />Iha[ plan. In th< event a walbed or portion thereof is not to be <br />mined or is mndered unmiveable by the operation, the <br />opcratorAessee shall submit appropriate justification to obtain <br />approval by the AO to leave such reserves unndried. Upon <br />approval by the AO, such coalbeds or portions thereof shall rmt <br />be subject m damages as described above. Fuller, nothing in <br />this section shall prevent the operalorflessee fiom txercising its <br />right m relinquish all or portion of the lean az authorized by <br />smmte evd regulation. <br />(3)1n the event the AO determines that the R2P2, as <br />approved, will not attain MER as the result of Changed <br />conditions, the AO will give proper notice to the operator/lessee <br />az required under applicable mgulations. The AO will order a <br />modification if rrecessary, identifying additional reserves m be <br />mined m order to attain MER. Upon a Cmal administrative or <br />judicial ruling upholding such an ordered modification, any <br />murves kfr unn»ned (wazted) under that plan will be subject m <br />damages az described in the first paragraph under this section. <br />(4) Subject m the right to appeal hereinafrer tit forth. <br />payment of the value ofthe royalty on such unmirrod recoverable <br />coal reserves shall become due and payable upon de[ermivntion <br />by the AO that the wal reserves have been rerdered unmineable <br />or a[ such time that the opwatorHessee has demonstrated an <br />unwillingness b extraU the coal. <br />(5) The HLM may enforce this provision either by <br />issuing a written decision rcquitingpaymenl of theMMS demand <br />for such royalties, or by issuing a notiu ofnon-compliance. A <br />decision or notice of non-compliance issued by the lessor that <br />payment isdue under this stipulation is appealable as allowed by <br />law. <br />3 C> <br />.~ <br />, <br />The United States of America <br />-- // /~ ~J <br />By /~ 8it~. 7, WaYo ~' <br />,', (~ , (/Stigning O~icerf)r r~ rI <br />-GA-Yr~f i~se..,~l? ~~~'c.,a..Y.~ <br />r ll'tlp) <br />(Date) <br />Title I B 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 <br />State any false ftditious or fraudulent statements or representations az to any mattm within its jurisdiction. <br />Exhibit 1, Item 1-9 Revision Date: 1/16/06 <br />Revision No.: MR-78 <br />IH-K{-TWS <br />(Date) <br />