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Kevin T. Riordan <br /> Page 2 <br /> 6 . 2 . 5 . 1 . Sale of Property on Which <br /> Reclamation Has Not Been Completed. In the <br /> event that the Mine Site is sold prior to <br /> completion of reclamation, applicable <br /> regulatory authorities, specifically <br /> including the DMG [Division] , the MLRB [Mined <br /> Land Reclamation Board] , the OSM, and their <br /> respective agents and contractors, shall be <br /> authorized, for reclamation purposes, to <br /> enter onto any disturbed area within the Mine <br /> Site, or any undisturbed area necessary for <br /> access to a disturbed area. Prior to sale, <br /> the purchaser shall be advised of this <br /> requirement . <br /> 4 . 3 . 7 . Assumption of Reclamation by <br /> Purchaser. Nothing in the Plan shall <br /> preclude the sale of property within the Mine <br /> Site on terms requiring the assumption of <br /> reclamation obligations by the purchaser, <br /> which terms shall be subject to approval of <br /> the MLRB and the Creditor' s Trustee. In the <br /> event of such assumption, the amounts <br /> otherwise payable to the Class 5 claimants <br /> shall be reduced by the value of the <br /> obligations assumed, as determined by the <br /> MLRB and the Creditor' s Trustee. <br /> The proceeds from any sale of property are distributed by <br /> the trustee in accordance with the liquidation plan. The <br /> Division is to get 69% of net sale proceeds to be used for <br /> reclamation purposes . <br /> Thus, two results could occur under the plan if the mine <br /> site is sold prior to reclamation being completed: (1) The <br /> purchaser does not assume any reclamation obligation of <br /> Resources, in which case the amount Resources is obligated to pay <br /> under the plan is not reduced pursuant to section 4 . 3 . 7 . of the <br /> liquidation plan; or (2) The purchaser of the property assumes <br /> Resources' reclamation obligation, in which case the approval of <br /> the Board and Trustee would be required. In the latter scenario, <br /> if the purchaser assumes all or any part of Resources' <br /> reclamation obligation, then the amount Resources is to pay under <br /> the liquidation plan for reclamation would be proportionally <br /> reduced by the part assumed by the purchaser. <br /> You have mentioned that the Forest Service does not intend <br /> to assume any responsibility for reclamation of the site . If <br /> this is the case, it should be clearly stated in any land <br /> exchange deal with Resources that the Forest Service is not <br />