Federal lands. Upon a sale conducted pursuant to this Section 3 of all or any portion of the Mortgaged Properties consisting of interests (the “Federal Interests”) in leases, easements, rights-of-way, agreements or other documents and instruments covering, affecting or otherwise relating to federal or tribal lands (including, without limitation, leases, easements and rights-of-way issued by the Bureau of Land Management), Mortgagor agrees to take all action and execute all instruments necessary or advisable to transfer the Federal Interests to the purchaser at such sale, including, without limitation, to execute, acknowledge and deliver assignments of the Federal Interests on officially approved forms in sufficient counterparts to satisfy applicable statutory and regulatory requirements, to seek and request approval thereof and to take all other action necessary or advisable in connection therewith. Mortgagor hereby irrevocably appoints Mortgagee as Mortgagor’s attorney-in-fact and proxy, with full power and authority in the place and stead of Mortgagor, in the name of Mortgagor or otherwise, to take any such action and to execute any such instruments on behalf of Mortgagor that Mortgagee may deem necessary or advisable to so transfer the Federal Interests, including, without limitation, the power and authority to execute, acknowledge and deliver such assignments, to seek and request approval thereof and to take all other action deemed necessary or advisable by Mortgagee in connection therewith; and Mortgagor hereby adopts, ratifies and confirms all such actions and instruments. Such power of attorney and proxy is coupled with an interest, shall survive the dissolution, termination, reorganization or other incapacity of Mortgagor and shall be irrevocable. No such action by Mortgagee shall constitute acknowledgment of, or assumption of liabilities relating to, the Federal and Tribal Interests, and neither Mortgagor nor any other party may claim that Mortgagee is bound, directly or indirectly, by any such action.
Federal lands. If Federal lands pro- posed for exchange are occupied under xxxxx, permit, easement, or non-min- eral lease by a third party who is not a party to the exchange, the third party holder of such authorization and the non-Federal party to the exchange may reach agreement as to the disposition of the existing use(s) authorized under the terms of the grant, permit, ease- ment, or lease. The non-Federal ex- change party shall submit documented proof of such agreement prior to issuance of a decision to approve the land exchange, as instructed by the au- thorized officer. If an agreement can- not be reached, the authorized officer shall consider other alternatives to ac- commodate the authorized use or shall determine whether the public interest will be best served by terminating such use in accordance with the terms and provisions of the instrument author- izing the use.
Federal lands. NRC shall ensure that curation of all records and other archaeological items resulting from identification and data recovery efforts is completed in accordance with 36 CFR Part 79, and the provisions of 43 CFR Part 10 (NAGPRA). NRC shall ensure that documentation of the curation of these materials is prepared and provided to the appropriate Signatories to this Agreement within 10 days of receiving it. All archaeological materials recovered from Federal lands shall be curated in accordance with the appropriate agency’s policies and regulations.
