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 . 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 . 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" .

2.

3.

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) .

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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 Reclamatirni and Enforcement

Date :

Utah State Historic Preservation Officer

Date :

! Executive Director, ACHP

Date :

Chairman, ACHP

Date :

STATE OF UTAH Approved as to form : J Assistant Attorney General G- z 5/- Y6 DATE :

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