Common use of Cultural Properties Clause in Contracts

Cultural Properties. Any archaeological sites, historical artifacts or other cultural resources, including but not limited to pottery, bone, modified stone and early historic remains, on or within the Property are the Commissioner's property. Lessee shall immediately stop mining or exploration operations, report the discovery of any such material to the State Land Office Field Operations Division Director, and shall consult with the State Land Office Field Operations Division Director to determine a course of action. A. Adequate fencing may be required to protect and preserve any significant sites as determined by the State Land Office Field Operations Division Director. B. Liability for damages to cultural resources, including restoration costs, is that of the Lessee. C. In the event that the presence of cultural resources materially and adversely affects the ability of the Lessee to use a portion or all of the Property, the Lessee may, with the approval of the State Land Office Field Operations Division Director, negotiate an effects mitigation plan for legal removal of the cultural resources, surrender the entire legal subdivision in which the archaeological sites or other cultural resources are located or surrender the entire parcel. D. Unless a class III Archaeological survey is conducted for the Property and a Letter of Clearance obtained, the following will apply: i. An on-site archaeologist will be required during any ground disturbing activities conducted under an Exploration permit issued to the Lessee for the Property under the New Mexico Mining Act. ii. A letter of clearance for the specific site to be disturbed from the State Historical Preservation Officer must be obtained by the Lessee under the New Mexico Mining Act for the Property prior to any ground disturbing activities initiated under a minimal impact mining permit.

Cultural Properties. Any archaeological sites, historical artifacts or other cultural resources, including but not limited to pottery, bone, modified stone and early historic remains, on or within the Property are the Commissioner's ’s property. Lessee shall immediately stop mining or exploration operations, report the discovery of any such material to the State Land Office Field Operations Division Director, and shall consult with the State Land Office Field Operations Division Director to determine a course of action. A. Adequate fencing may be required to protect and preserve any significant sites as determined by the State Land Office Field Operations Division Director. B. Liability for damages to cultural resources, including restoration costs, is that of the Lessee. C. In the event that the presence of cultural resources materially and adversely affects the ability of the Lessee to use a portion or all of the Property, the Lessee may, with the approval of the State Land Office Field Operations Division Director, negotiate an effects mitigation plan for legal removal of the cultural resources, surrender the entire legal subdivision in which the archaeological sites or other cultural resources are located or surrender the entire parcel. D. Unless a class III Archaeological survey is conducted for the Property and a Letter of Clearance obtained, the following will apply: i. An on-site archaeologist will be required during any ground disturbing activities conducted under an Exploration permit issued to the Lessee for the Property under the New Mexico Mining Act. ii. A letter of clearance for the specific site to be disturbed from the State Historical Preservation Officer must be obtained by the Lessee under the New Mexico Mining Act for the Property prior to any ground disturbing activities initiated under a minimal impact mining permit.

Cultural Properties. Any archaeological sites, historical artifacts or other cultural resources, including but not limited to pottery, bone, modified stone and early historic remains, on or within the Property are the Commissioner's property. Lessee shall immediately stop mining or exploration operations, . report the discovery of any such material to the State Land Office Field Operations Division Director, and shall consult with the State Land Office Field Operations Division Director to determine a course of action. A. Adequate fencing may be required to protect and preserve any significant sites as determined by the State Land Office Field Operations Division Director. B. Liability for damages to cultural resources, including restoration costs, is that of the Lessee. C. In the event that the presence of cultural resources materially and adversely affects the ability of the Lessee to use a portion or all of the Property, the Lessee may, with the approval of the State Land Office Field Operations Division Director, negotiate an effects mitigation plan for legal removal of the cultural resources, surrender the entire legal subdivision in which the archaeological sites or other cultural resources are located or surrender the entire parcel. D. Unless a class III Archaeological survey is conducted for the Property and a Letter of Clearance obtained, the following will apply: i. An on-site archaeologist will be required during any ground disturbing activities conducted under an Exploration permit issued to the Lessee for the Property under the New Mexico Mining Act. ii. A letter of clearance for the specific site to be disturbed from the State Historical Preservation Officer must be obtained by the Lessee under the New Mexico Mining Act for the Property prior to any ground disturbing activities initiated under a minimal impact mining permit.

Cultural Properties. Any archaeological sites, historical artifacts or other cultural resources, including but not limited to pottery, bone, modified stone and early historic remains, on or within the Property are the Commissioner's ’s property. Lessee shall immediately stop mining or exploration operations, . report the discovery of any such material to the State Land Office Field Operations Division Director, and shall consult with the State Land Office Field Operations Division Director to determine a course of action. A. Adequate fencing may be required to protect and preserve any significant sites as determined by the State Land Office Field Operations Division Director. B. Liability for damages to cultural resources, including restoration costs, is that of the Lessee. C. In the event that the presence of cultural resources materially and adversely affects the ability of the Lessee to use a portion or all of the Property, the Lessee may, with the approval of the State Land Office Field Operations Division Director, negotiate an effects mitigation plan for legal removal of the cultural resources, surrender the entire legal subdivision in which the archaeological sites or other cultural resources are located or surrender the entire parcel. D. Unless a class III Archaeological survey is conducted for the Property and a Letter of Clearance obtained, the following will apply: i. An on-site archaeologist will be required during any ground disturbing activities conducted under an Exploration permit issued to the Lessee for the Property under the New Mexico Mining Act. ii. A letter of clearance for the specific site to be disturbed from the State Historical Preservation Officer must be obtained by the Lessee under the New Mexico Mining Act for the Property prior to any ground disturbing activities initiated under a minimal impact mining permit.