MEMORANDUM OF AGREEMENT

WHEREAS, the Office of Surface Mining, the Utah Division of Oil, Gas and M ning,
and the Utah State Historic Preservation Office have determined that due to contractor
negligence, portions of the Abandoned Mine Reclamation Program Bullion Beck Project,
specifically the Bullion Beck headframe, were adversely impacted during reclamation
procedures ;

WHEREAS, the Bullion Beck headframe is listed in the National Register of Historic
Places ;

WHEREAS, the comments of the Advisory Council on Historic Preservation, pursuant

to Section 106 of the National Historic Preservation Act (16 U .S .C. 470) and its
implementing regulations, "Protection of Historic and Cultural Properties
(36 CFR Part 800)" are requested ;

NOW THEREFORE, the Office of Surface Mining (OSM), the Utah Division of Oil .
Gas and Mining (DOGM) the Utah State Historic Preservation Officer (SHPO), and the
Advisory Council on Historic Preservation (ACHP) agree that the procedures to mitigate
the damage to the cultural resources shall be implemented in accordance with the
following stipulations in order to take into account the effect of the undertaking on
historic properties .

The Division of Oil . Gas and Mining shall :

• 1. The agency official shall request the National Park Service (Historic American
Engineering Record (HAER), to determine what documentation shall be required
for each property specified in this Memorandum of Agreement for alteration .
The agency official shall ensure that unless otherwise agreed to by the National
Park Service, all documentation is completed and accepted by HAER prior to
the alteration, and that copies of this documentation are made available to the
SHPO and appropriate local archives designed by the SHPO .

2. The agency official shall ensure that all rehabilitation of historic properties
specified in this Memorandum of Agreement is carried out in accordance with
The Secretary of the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings, and that design and specifications are
developed in consultation with the SHPO and submitted to the SHPO for
approval .

3. Ensure that all historic, architectural, and/or archeological work pursuant to

this Memorandum of Agreement is carried out by or under the direct
supervision of a person or persons meeting, at a minimum, the appropriate
qualifications set forth in the Department of the Interior's "Professional
Qualifications" .

4. The agency official shall ensure that all final reports of activities carried out
pursuant to this Memorandum of Agreement are provided to the SHPO and,
upon request, to other interested parties .

5. Should the SHPO or ACHP object within 30 days to any stipulations provided
pursuant to this Memorandum of Agreement, DOGM shall consult with the
objecting party to resolve the objection . If DOGM determines that the
objection cannot be resolved, DOGM shall request further comments of the
ACHP pursuant to 36 CFR Section 800 .6(b) .


Execution of the Memorandum of Agreement evidences that the Office of Surface

Mining and the Utah Division of Oil, Gas & Mining have afforded the Council a reasonable
opportunity to comment on the mitigation plan for the Abandoned Mine Reclamation
Program Bullion Beck Project and its effects on historic properties, and that the Office of
Surface Mining and the Utah Division of Oil, Gas and Mining have taken into accounts the
effects of its undertaking on historic properties .

Office of Surface Mining Date :

Reclamatirni and Enforcement

Utah State Historic Preservation Officer Date :

! Executive Director, ACHP Date :

Chairman, ACHP Date :

STATE OF UTAH
Approved as to form :
J
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Assistant Attorney General DATE :