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notification, the Regional Director, OSMRE, shall evaluate or have evaluated such discoveries <br />and shall notify the lessee what action shall be taken with respect to such discoveries. <br />(4) Lessee shall not knowingly disturb, alter, destroy, or take any larger and more conspicuous <br />fossils of significant scientific interest and shall protect all such fossils in conformance with the <br />measures included in the approved mining and reclamation plan or exploration plan. <br />(5) These conditions apply to all such fossils of significant scientific interest discovered within <br />the leased lands, whether discovered in the overburden, interburden, or coal seam or seams. <br />(6) All fossils of significant scientific interest shall remain under the jurisdiction of the United <br />States until ownership is determined under applicable law. <br />(7) The cost of any required recovery of such fossils shall be borne by the United States. Copies <br />of all paleontological resource data shall be provided to the Regional Director, OSMRE. <br />C. Resource Recovery and Protection. <br />(1) Notwithstanding the approval of a resource recovery and protection plan (R2P2) by the BLM, <br />lessor reserves the right to seek damages against the operator /lessee in the event (i) the <br />operator /lessee fails to achieve maximum economic recovery (MER) (as defined at 43 CFR <br />3480.0 -5(21) of the recoverable coal reserves or (ii) the operator /lessee is determined to have <br />caused a wasting of recoverable coal reserves. Damages shall be measured on the basis of the <br />royalty that would have been payable on the wasted or unrecovered coal. <br />(2) The parties recognize that under an approved R2P2, conditions may require a modification by <br />the operator /lessee of that plan. In the event a coalbed or portion thereof is not to be mined or is <br />rendered unmineable by the operation, the operator /lessee shall submit appropriate justification to <br />obtain approval by the AO to leave such reserves unmined. Upon approval by the AO, such <br />coalbeds or portions thereof shall not be subject to damages as described above. Further, nothing <br />in this section shall prevent the operator /lessee from exercising its right to relinquish all or <br />portion of the lease as authorized by statute and regulation. <br />(3) In the event the AO determines that the R2P2, as approved, will not attain MER as the result <br />of changed conditions, the AO will give proper notice to the operator /lessee as required under <br />applicable regulations. The AO will order a modification, if necessary, identifying additional <br />reserves to be mined in order to attain MER. Upon a final administrative or judicial ruling <br />upholding such an ordered modification, any reserves left unmined (wasted) under that plan will <br />be subject to damages as described in the first paragraph under this section. <br />(4) Subject to the right to appeal hereinafter set forth, payment of the value of the royalty on such <br />unmined recoverable coal reserves shall become due and payable upon determination by the AO <br />that the coal reserves have been rendered unmineable or at such time that the operator /lessee has <br />demonstrated an unwillingness to extract the coal. <br />(5) The BLM may enforce this provision either by issuing a written decision requiring payment of <br />the Minerals Revenue Management demand for such royalties, or by issuing a notice of non- <br />compliance. A decision or notice of non - compliance issued by the lessor that payment is due <br />under this stipulation is appealable as allo xed by law. <br />