Created Total Messages in abe :97 (20 conversations) Created: 08-07-2018 at 11:51 AM Conversation Contents Attachments: Twin 2003.05.14 Lehmann Exploration to Superior Nat'l Fores supvr re a us of ACNC lease extensions Twin - ?5.1 2003.05.14 Itr Lehmann Exploration to Superior 5 supvr re a us of ACNC lease extensions ?7.1 2003.05.14 Itr Lehmann Exploration to Superior 5 supvr re a us of ACNC lease extensions Nat'l Fore Twin - Nat'l Fore Twin - 8.1 image001.png Twin - 9.1 image001.png Twin - 10.1 RF's No Objection to 2004 Twin - 10.2 RF's Consent to 1989 Lease Twin - 11.1 image001.png Twin - 11.2 lncoBLMR02004.pdf Twin - 12.1 image001.png Twin - 12.2 Milwaukee canner l6. Twin - 12.3 Milwaukee canner Twin - 13.1 image001.png Twin - 14.1 image001.png Twin - 15.1 image001.png "Haugrud, Kevin" From: "Haugrud, Kevin" Sent: Tue Nov 07 2017 16:50:17 GMT-0700 (MST) To: Briana Collier Richard McNeer Karen CC: Hawbecker Gary Lawkowski Subject: Twin - BHana: Do we have anvthinq from the "Hawbecker, Karen" From: Sent "Hawbecker, Karen" Tue Nov 07 2017 17:47:57 GMT-0700 (MST) To: Briana Collier Subject: Fwd: Twin Briana. Let's chat about this on Wednesday. Jack and I have discussed the draft opinion a bit. Thanks. --Karen FonNarded message From: Haugrud, Kevin Date: Tue, Nov 7, 2017 at 6:50 PM Subject: Twin - More Evidence? To: Briana Collier Cc: Richard McNeer Karen Hawbecker Gary Lawkowski Briana: Do we have anvthing from the "Collier, Briana" From: "Collier, Briana" Sent: Wed Nov 08 2017 07:50:52 GMT-0700 (MST) To: "Hawbecker, Karen" Subject: Re: Twin Hi Karen. Sounds good. The immediate answer to Jack's question is -m Please feel free oca me oc a en you are avala e. a - . an you. -Briana Briana Collier Attorney-Adviser. Division of Mineral Resources US. Department of the Interior. Office of the Solicitor 505 Marquette Ave.. NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged. con?dential. or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient. you are hereby noti?ed that any dissemination. distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in error. please notify the sender immediately and destroy all copies. On Tue, Nov 7, 2017 at 5:47 PM, Hawbecker, Karen wrote: Briana, Let?s chat about this on Wednesday. Jack and I have discussed the draft opinion a bit. Thanks. ?Karen Forwarded message From: Haugrud, Kevin Date: Tue, Nov 7. 2017 at 6:50 PM Subject: Twin -H To: Briana Collier rianaco Ier?soldoioov> Cc: Richard McNeer Karen Hawbecker Gary Lawkowski Briana: Do we have anvthind from the "Collier, Briana" From: "Collier, Briana" Sent: Wed Nov 08 2017 10:25:42 GMT-0700 (MST) To: "Hawbecker, Karen" Subject: Re: Twin - 2003.05.14 Lehmann Exploration to Superior Nat'l Forest Attachments: supvr re status of ACNC lease extensions (1980- 2000.000460).pdf I found Briana Collier Attorney-Adviser. Division of Mineral Resources US. Department of the Interior. Office of the Solicitor 505 Marquette Ave.. NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged. con?dential. or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery ofthis email to the intended recipient. you are hereby noti?ed that any dissemination. distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in error. please notify the sender immediately and destroy all copies. On Wed, Nov 8, 2017 at 7:50 AM, Collier, Briana wrote: Hi Karen. Sounds good. The immediate answer to Jack's question is Please feel free 0 ca me a en you are avai you. -Briana Briana Collier Attorney-Adviser. Division of Mineral Resources US. Department of the Interior. Of?ce of the Solicitor 505 Marquette Ave. NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use ofthe individual or entity to which it is addressed. It may contain information that is privileged. confidential. or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient. you are hereby noti?ed that any dissemination. distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in error. please notify the sender immediately and destroy all copies. On Tue, Nov 7, 2017 at 5:47 PM, Hawbecker, Karen wrote: Briana. Let's chat about this on Wednesday. Jack and I have discussed the draft opinion a bit. Thanks. --Karen - Forwarded message From: Haugrud, Kevin Date: Tue, Nov 7, 2017 at 6:50 PM Subject: Twin - More Evidence? To: Briana Collier Cc: Richard McNeer Briana: Do we have anvthinq from the "Collier, Briana" From: Sent To: CC: Subject: Attachments: Hi Jack, "Collier, Briana" Wed Nov 08 2017 13:32:54 GMT-0700 (MST) "Haugrud, Kevin" Richard McNeer Karen Hawbecker Gary Lawkowski Re: Twin - 2003.05.14 Lehmann Exploration to Superior Nat'l Forest supvr re status of ACNC lease extensions (1980- 2000.000460).pdf helpful. Also. Karen and I discussed how Please let me know if this raises other questions for you. Briana Collier Attorney-Adviser. Division of Mineral Resources US. Department of the Interior. Office of the Solicitor 505 Marquette Ave.. NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged. con?dential. or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery ofthis email to the intended recipient. you are hereby noti?ed that any dissemination. distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in error. please notify the sender immediately and destroy all copies. On Tue, Nov 7, 2017 at 4:50 PM, Haugrud, Kevin wrote: Briana: Do we have anything from the 1999-2004 era that would more conclusively show that BLM intended to incorporate the 1966 lease terms into the 2004 leases. The two 1999 and 2003 docs that we currently cite are ambiguous themselves on what is meant - the 1999 BLM one just seems to unambiguously say no one objects to renewal, not that they intend to include all terms of the 1966 leases, and the 2003 F8 one doesn't describe what "terms, conditions,and stipulations" it is referring to. Is there anything else out there that helps us? "Haugrud, Kevin" From: "Haugrud, Kevin" Sent: Wed Nov 08 2017 13:43:17 GMT-0700 (MST) To: "Collier, Briana" Richard McNeer Karen CC: Hawbecker Gary Lawkowski Subject: Re: Twin - Thanks Briana. I think it would be helpful to check with USDA and con?rm whether they have anything useful. On Wed, Nov 8, 2017 at 3:32 PM, Collier, Briana wrote: Hi Jack, Also. Karen and I discussed how Please let me know if this raises other questions for you. Briana Collier Attorney-Adviser. Division of Mineral Resources US. Department of the Interior. Of?ce of the Solicitor 505 Marquette Ave.. NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged. confidential. or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient. you are hereby noti?ed that any dissemination. distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in error. please notify the sender immediately and destroy all copies. On Tue, Nov 7, 2017 at 4:50 PM, Haugrud, Kevin wrote: Briana: Do we have anvthino from the "Collier, Briana" From: "Collier, Briana" Sent: Wed Nov 08 2017 15:37:17 GMT-0700 (MST) PAMELA P. - "Vukelich, Vincent - To: "Franklin, Jessica - "Vandlik, John - Subject: Fwd: Twin 2003.05.14 Lehmann Exploration to Superior Nat'l Forest Attachments: supvr re status of ACNC lease extensions (1980- 2000.000460).pdf Hi all, I'm not sure who of vou at USDA OGC Thanks very much for your assistance, B?ana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior. Office of the Solicitor 505 Marquette Ave.. NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination. distribution, copying. or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Vandlik, John - From: "Vandlik, John - Sent: Thu Nov 09 2017 09:11:08 GMT-0700 (MST) "Collier, Briana" PAMELA P. - "Vukelich, Vincent - "Franklin, Jessica - Subject: RE: Twin Attachments: image001.png To: Hi Briana, I will forward your info request to F8 mineral folks here in MKE and ask that they look in their ?les and engage Forest on it too. USD, John M. Vandlik Emai Senior Counsel m- Milwaukee Office Office of the General Counsel U.S. Department of Agriculture 626 E. Wisconsin Avenue, Suite 601 Milwaukee, WI 53202 8 414-297-3276 (Voice) 0: 414-335-4417 (Mobile) From: Collier, Briana Sent: Wednesday, November 08, 2017 4:37 PM To: HENDERSON, PAMELA P. - OGC Vukelich, Vincent - OGC Franklin, Jessica - OGC Vandlik, John - OGC Subject: Fwd: Twin - Hi all. I'm not sure who of you at USDA Thanks very much for your assistance. Briana Briana Collier Division of Mineral Resources US. Department of the Interior. Of?ce of the Solicitor 505 Marquette Ave. NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the indiyidual or entity to which it is addressed. It may contain infonnation that is privileged. con?dential. or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient. you are hereby noti?ed that any dissemination. distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in arm. please notify the sender immediately and destroy all copies. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. "Collier, Briana" From: "Collier, Briana" Sent: Thu Nov 09 2017 09:23:44 GMT-0700 (MST) To: "Vandlik, John - PAMELA P. - CC: "Vukelich, Vincent - "Franklin, Jessica - Subject: Re: Twin Attachments: image001.png Great. Thank you John. Briana Collier Attorney-Adviser. Division of Mineral Resources US. Department of the Interior. Office of the Solicitor 505 Marquette Ave.. NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged. con?dential. or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery ofthis email to the intended recipient. you are hereby noti?ed that any dissemination. distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in error. please notify the sender immediately and destroy all copies. On Thu, Nov 9, 2017 at 9:11 AM, Vandlik, John - OGC wrote: Hi Briana, I will forward your info request to F8 mineral folks here in MKE and ask that they look in their ?les and engage Forest on it too. USD John M. Vandlik Emai Senior Counsel Milwaukee Office Office of the General Counsel US. Department of Agriculture 626 E. Wisconsin Avenue. Suite 601 Milwaukee WI 53202 8 414-297-3276 (Voice) 0: 414-335-4417 (Mobile) John.Vandlik@oqc.usda.qov From: Collier, Briana Sent: Wednesday, November 08, 2017 4:37 PM To: HENDERSON, PAMELA P. - OGC Vukelich, Vincent - OGC Franklin, Jessica - OGC Vandlik, John - OGC Subject: Fwd: Twin - Hi all. I?m not sm?e who of V011 at USDA OGC Thanks veiy much for yom? assistance. Bn'ana Briana Collier Division ofMineral Resources US. Department of the Interior. Of?ce of the Solicitor 505 Marquette Aye. Albuquerque. NM 8 7 102 Phone: (202) 208-48 53 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged. con?dential. or othemise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient. you are hereby noti?ed that any dissemination. distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in error. please notify the sender immediately and destroy all copies. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. PAMELA P. - From' PAMELA P. - I Sent: Thu Nov 09 2017 09:27:01 GMT-0700 (MST) "Collier, Briana" "Vukelich, Vincent - "Franklin, Jessica - TO: "Vandlik, John - CC: "Mulach, Ronald - Subject: RE: Twin - RF's No Objection to 2004 RF's Consent to 1989 Attachments: Lease The most comprehensive set of records about these lease resides either in the F95 Region 9 of?ce in Milwaukee or in the office of either the Forest Supervisor or the District Ranger in Minnesota. But in anv case. thin Pamela Henderson Senior Counsel Natural Resources and Environment Division Of?ce of the General Counsel US. Department of Agriculture 1400 Independence Ave S.W. Room 3338-8 Washington, DC 20250-1400 23 202-720-2515 (Voice) 844-354-1119 (Fax) Pamela.Henderson?oqc.usda.qov From: Collier, Briana Sent: Wednesday, November 8, 2017 5:37 PM To: HENDERSON, PAMELA P. - OGC Vukelich, Vincent - OGC Franklin, Jessica - OGC Vandlik, John OGC Subject: Fwd: Twin - Hi all. I'm not sure who of you at USDA OGC Thanks very much for your assistance. Briana Briana Collier Attorney-Adviser. Division of Mineral Resources US. Department of the Interior. Of?ce of the Solicitor 505 Marquette Ave. NW Ste. 1800 Albuquerque. NM 87101 Phone: (102) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged. con?dential. or othenvise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient. you are hereby noti?ed that any dissemination. distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in error. please notify the sender immediately and destroy all copies. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. "Vandlik, John - From: "Vandlik, John - Sent: Thu Nov 09 2017 09:56:20 GMT-0700 (MST) PAMELA P. - "Collier, Briana" T03 "Vukelich, Vincent - "Franklin, Jessica - CC: "Mulach, Ronald - Subject: RE: Twin - Attachments: image001.png IncoBLMR02004.pdf FS will be searching for?, and it sounds like MKE of?ce may have docstoo. USD, John M. Vandlik Emai Senior Counsel Milwaukee Office Office of the General Counsel US. Department of Agriculture 626 E. Wisconsin Avenue, Suite 601 Milwaukee. WI 53202 8 414-297-3276 (Voice) 0: 414-335-4417 (Mobile) John.Vandlik@ogc.usda.gov From: HENDERSON, PAMELA P. - OGC Sent: Thursday, November 09, 2017 10:27 AM To: Collier, Briana Vukelich, Vincent - OGC Franklin, Jessica - OGC Vandlik, John - OGC Cc: Mulach, Ronald - OGC Subject: RE: Twin - The most comprehensive set of records about these lease resides either in the F85 Region 9 of?ce in Milwaukee or in the office of either the Forest Supervisor or the District Ranger in Minnesota. But in any case. I think Pamela Henderson Senior Counsel Natural Resources and Environment Division Of?ce of the General Counsel US. Department of Agriculture 1400 Independence Ave SW. Room 3338-8 Washington. DC 20250-1400 ?55 202-720-2515 (Voice) 844-354-1119 (Fax) WW From: Collier, Briana Sent: Wednesday, November 8, 2017 5:37 PM To: HENDERSON, PAMELA P. - OGC Vukelich, Vincent OGC Franklin, Jessica - OGC Vandlik, John - OGC Subject: Fwd: Twin - Hi all. I'm not sure who of you at USDA OGC Thanks very much for yoru' assistance. Briana Briana Collier Division of Mineral Resources US. Depaitment of the Interior. Of?ce of the Solicitor 505 Marquette Ave. NW Ste.1800 Albuquerque. NM 8? 102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain infomiation that is privileged. con?dential. or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient. you are hereby noti?ed that any dissemination. distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in elror. please notify the sender immediately and destroy all copies. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. "Vandlik, John - From: "Vandlik, John - Sent: Wed Nov 15 2017 12:39:30 GMT-0700 (MST) "Collier, Briana" To: PAMELA P. - "Vukelich, Vincent - "Franklin, Jessica - Subject: RE: Twin image001.png AttaChmemSi HiBnanna, In an ironic twist. when I asked F8 for USD, John M. Vandlik Emai Senior Counsel N- Milwaukee Office Office ofthe General Counsel US. Department of Agriculture 626 E. Wisconsin Avenue, Suite 601 Milwaukee. WI 53202 9 414-297-3276 (Voice) 0_ 414-335-4417 (Mobile) From: Vandlik, John - OGC Sent: Thursday, November 09, 2017 10:10 AM To: 'Collier, Briana' HENDERSON, PAMELA P. - OGC Vukelich, Vincent - OGC Franklin, Jessica - OGC Subject: RE: Twin - Hi Briana, I will forward your info request to F8 mineral folks here in MKE and ask that they look in their ?les and engage Forest on it too. USD, John M. Vandlik Emai Senior Counsel Milwaukee Office Office ofthe General Counsel US. Department of Agriculture 626 E. Wisconsin Avenue, Suite 601 Milwaukee. WI 53202 93 414-297-3276 (Voice) 0- *1 John.Vandlik@ogc.usda.gov From: Collier, Briana Sent: Wednesday, November 08, 2017 4:37 PM To: HENDERSON, PAMELA P. - OGC Vukelich, Vincent - OGC Franklin, Jessica - OGC Vandlik, John - OGC Subject: Fwd: Twin - More Evidence? Hi all. I'm not sure who of you at USDA OGC Thanks very much for yoru' assistance. Briana Briana Collier Division of Mineral Resources US. Department of the Interior. Of?ce of the Solicitor 505 Marquette Ave. NW Ste. 1800 Albuquerque NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain infonnation that is privileged. con?dential. or othenvise protected by applicable lavv. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient. you are hereby noti?ed that any dissemination. distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in en?or. please notify the sender and destroy all copies. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. "Collier, Briana" From: "Collier, Briana" Sent: Wed Nov 15 2017 15:08:38 GMT-0700 (MST) To: "Vandlik, John - PAMELA P. - CC: "Vukelich, Vincent - "Franklin, Jessica - Subject: Re: Twin - Attachments: image001.png Sounds good. Thank you John! Briana Collier Attorney-Adviser. Division of Mineral Resources US. Department of the Interior. Office of the Solicitor 505 Marquette Ave.. NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged. con?dential. or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient. you are hereby noti?ed that any dissemination. distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in error. please notify the sender immediately and destroy all copies. On Wed, NOV 15, 2017 at 12:39 PM, Vandlik, John - OGC wrote: Hi Brianna, In an ironic twist, when I asked F8 for USD John M. Vandlik Emai Senior Counsel Milwaukee Office Office of the General Counsel US. Department of Agriculture 626 E. Wisconsin Avenue. Suite 601 Milwaukee. WI 53202 8 414-297-3276 (Voice) 0: 414-335-4417 (Mobile) John.Vandlik@oqc.usda.qov From: Vandlik, John - OGC Sent: Thursday, November 09, 2017 10:10 AM To: 'Collier, Briana' HENDERSON, PAMELA P. - OGC Vukelich, Vincent - OGC Franklin, Jessica - OGC Subject: RE: Twin - Hi Briana, I will forward your info request to F8 mineral folks here in MKE and ask that they look in their ?les and engage Forest on it too. USD John M. Vandlik Ema] Senior Counsel Milwaukee Office Office of the General Counsel US. Department of Agriculture 626 E. Wisconsin Avenue. Suite 601 Milwaukee, WI 53202 8 414-297-3276 (Voice) 0: 414-335-4417 (Mobile) From: Collier, Briana Sent: Wednesday, November 08, 2017 4:37 PM To: HENDERSON, PAMELA P. OGC Vukelich, Vincent - OGC Franklin, Jessica - OGC : Vandlik, John OGC Subject: Fwd: Twin - Hi all. I?m not am who of V011 at USDA Thanks very much for your assistance. Briana Briana Collier Division ofMineral Resources Department of the Interior. Of?ce of the Solicitor 505 Marquette Ave. Ste. 1800 Albuquerque. NM 8 '7 102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain infonnation that is privileged. con?dential. or othem'ise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient. you are hereby noti?ed that any dissemination. distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in error. please notify the sender immediately and destroy all copies. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. "Vandlik, John - From: "Vandlik, John - Sent: Tue Nov 28 2017 13:52:02 GMT-0700 (MST) To: "Collier, Briana" PAMELA P. - CC- "Vukelich, Vincent - "Franklin, Jessica - Subject: RE: Twin Attachments: image001.png Hi Briana. Just wanted to follow up on couldn?t ?nd anything it its ?les that was related to . USD, John M. Vandlik Emai Senior Counsel Milwaukee Office Of?ce of the General Counsel U.S. Department of Agriculture 626 E. Wisconsin Avenue, Suite 601 Milwaukee, WI 53202 8 414-297-3276 (Voice) 0: 414-335-4417 (Mobile) From: Collier, Briana Sent: Wednesday, November 15, 2017 4:09 PM To: Vandlik, John - OGC Cc: HENDERSON, PAMELA P. - OGC Vukelich, Vincent - OGC Franklin, Jessica - OGC Subject: Re: Twin - Sounds good. Thank you John! Briana Collier Attorney-Adviser. Division of Mineral Resources U.S. Department of the Interior. O?'ice of the Solicitor 505 Marquette Ave. NW Ste. 1800 Albuquerque. NM 87 02 Phone: (202) 208-4853 This email (including any attaclmlents) is intended for the use of the individual or entity to which it is addressed. It may contain infonnation that is privileged. con?dential. or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient. you are hereby noti?ed that any dissemination. distribution. copying. or use of this email or its contents is stn'ctly prohibited. If you received this email in error. please notify the sender inm1ediately and destroy all copies. On Wed. Nov 15. 2017 at 12:39 PM. Vandlik. John - OGC wrote: HiBnanna, In an ironic twist, when I asked F8 for USD, John M. Vandlik Emai Senior Counsel Milwaukee Office Office of the General Counsel US. Department of Agriculture 626 E. Wisconsin Avenue. Suite 601 Milwaukee. WI 53202 8 414-297-3276 (Voice) 0_ John.Vandlik@ogc.usda.gov From: Vandlik, John OGC Sent: Thursday, November 09, 2017 10:10 AM To: 'Collier, Briana' HENDERSON, PAMELA P. - OGC Vukelich, Vincent - OGC Franklin, Jessica - OGC Subject: RE: Twin - Hi Briana, I will fon/vard your info request to F8 mineral folks here in MKE and ask that they look in their ?les and engage Forest on it too. USD, John M. Vandlik Emai Senior Counsel Milwaukee Office Office of the General Counsel US. Department of Agriculture 626 E. Wisconsin Avenue. Suite 601 Milwaukee. WI 53202 955 414-297-3276 (Voice) 0_ John.Vandlik@ogc.usda.gov From: Collier, Briana Sent: Wednesday, November 08, 2017 4:37 PM To: HENDERSON, PAMELA P. OGC Vukelich, Vincent - OGC Franklin, Jessica - OGC John - OGC Subject: Fwd: Twin - Hi all. I'm not sure who of you at USDA Thanks very much for your assistance. Briana Briana Collier Attorney-Adviser. Division ofMineral Resources US. Department of the Interior. Of?ce of the Solicitor 505 Marquette Ave. NW Ste.1800 Albuquerque. NM 87 102 Phone: (202) This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged. con?dential. or? otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient. you are hereby noti?ed that any dissemination. distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in error. please notify the sender irmnediately and destroy all copies. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosru?e of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error. please notify the sender and delete the email immediately. "Collier, Briana" From: "Collier, Briana" Sent: Tue Nov 28 2017 13:56:14 GMT-0700 (MST) To: "Vandlik, John - PAMELA P. - "Vukelich, Vincent - "Franklin, Jessica - Subject: Re: Twin Attachments: image001.png CC: Okay, great. Thanks so much for running that down, John. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Tue, Nov 28, 2017 at 1:52 PM, Vandlik, John - OGC c.usda. ov> wrote: Hi Briana, Just wanted to follow up on couldn?t ?nd anything it its ?les that was related to USD John M. Vandlik Emai Senior Counsel Milwaukee Of?ce Of?ce of the General Counsel U.S. Department of Agriculture 626 E. Wisconsin Avenue Suite 601 Milwaukee WI 53202 8 414-297-3276 (Voice) 0! 414-335-4417 (Mobile) John.Vandlik c.usda. ov From: Collier, Briana [mailtozbrianacollier sol.doi. ov Sent: Wednesday, November 15, 2017 4:09 PM To: Vandlik, John - OGC Cc: HENDERSON, PAMELA P. - OGC Vukelich, Vincent - OGC Franklin, Jessica - OGC Subject: Re: Twin - Sormds good. Thank you John! Briana Collier Attorney-Adviser. Division of Mineral Resources U.S. Department of the Interior. Of?ce of the Solicitor 505 Marquette Ave. NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain infonnation that is privileged. con?dential. or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient. you are hereby noti?ed that any dissemination. distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in error. please notify the sender immediately and destroy all copies. On Wed. Nov 15, 2017 at 12:39 PM, Vandlik. John - OGC <1 wrote: HiBnanna, In an ironic twist, when I asked F8 for John M. Vandlik Emaj Senior Counsel Milwaukee Office Office of the General Counsel US. Department of Agriculture Milwaukee WI 53202 8 414-297-3276 (Voice) o_ 414-3354417 (Mobile) From: Vandlik, John - OGC Sent: Thursday, November 09, 2017 10:10 AM To: 'Collier, Briana? HENDERSON, PAMELA P. - OGC Vukelich. Vincent - OGC Franklin, Jessica - OGC Subject: RE: Twin - Hi Briana, I will forward your info request to F8 mineral folks here in MKE and ask that they look in their ?les and engage Forest on it too. John M. Vandlik Emai Senior Counsel Milwaukee Office Office of the General Counsel US. Department of Agriculture 626 E. Wisconsin Avenue. Suite 601 414-297-3276 (Voice) 0: ?i From: Collier, Briana Sent: Wednesday, November 08, 2017 4:37 PM To: HENDERSON, PAMELA P. - OGC Vukelich, Vincent - OGC Franklin, Jessica - OGC : Vandlik, John - OGC Subject: Fwd: Twin - Hi all. Thanks very much for yom? assistance. Briana Briana Collier Attorney-Adviser. Division ofMineral Resources Department of the Interior. Office of the Solicitor \Iar'cruette Ave Ste 1800 .?\lbuquerque. NM 8' 102 Phone: (202) 208-4855 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged. con?dential. or othenvise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient. you are hereby notified that any dissemination. distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in error. please notify the sender inunediately and destroy all copies. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosru?e of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error. please notify the sender and delete the email immediately. Lehmann Exploration Management Inc. Suite 622 Plymuuth Building Geologists 12 Silk 6th Street Minneapolis, MN 55402 Tel. 612-338-5584 Cellular 612-859-4159 Fax 612-338-567 email geoming?agwo?dnetattnet website 20aneoleases?05?l4-03 May 14, 2003 Mr. James Sanders, Superintendent Superior National Forest US Forest Service 8901 Grand Avenue Place Duluth, MN 55808 Dear Mr. Sanders: Thanks you for agreeing to meet with me at 10:30 AM May 276' at your o?ces in Duluth. By way of background for the meeting, as you know, Beaver Bay Joint Venture, has been exploring and delineating a deposit of platinum group metals and copper and nickel at Birch Lake. Iehmarm Exploration Management is the operator of the joint venture. We are currently engaged in discussions with American Capper Nickel Company (ACNC), a wholly owned subsidiary of INCO Ltd, regarding possibly mutually bene?cial relationships between our two groups. In trying to explore possible relationships, one of the items at issue is the status of the ACNC leases in Lake County with the federal government. These leases provide for an extension, on request, every ten years. The last request for extension was timely ?led in 1999. BLM advises that that extension has still not been approved sometbur years later. We would like to discuss and clarify this situation with you. I took the liberty of advising o?ice in Rolla of the meeting and I believe that they intend to have a representative present. I hope that is acceptable to you. I look forward to our discussion. Sincerely yours, a?e??Ef?m Ernest K. Lehmann cc: Philip Rush John Romito Walter G. Lehmann Joy Moseley L. F. Hill Lehmann Exploration Management Inc. Suite 622 Plymuuth Building Geologists 12 Silk 6th Street Minneapolis, MN 55402 Tel. 612-338-5584 Cellular 612-859-4159 Fax 612-338-567 email geoming?agwo?dnetattnet website 20aneoleases?05?l4-03 May 14, 2003 Mr. James Sanders, Superintendent Superior National Forest US Forest Service 8901 Grand Avenue Place Duluth, MN 55808 Dear Mr. Sanders: Thanks you for agreeing to meet with me at 10:30 AM May 276' at your o?ces in Duluth. By way of background for the meeting, as you know, Beaver Bay Joint Venture, has been exploring and delineating a deposit of platinum group metals and copper and nickel at Birch Lake. Iehmarm Exploration Management is the operator of the joint venture. We are currently engaged in discussions with American Capper Nickel Company (ACNC), a wholly owned subsidiary of INCO Ltd, regarding possibly mutually bene?cial relationships between our two groups. In trying to explore possible relationships, one of the items at issue is the status of the ACNC leases in Lake County with the federal government. These leases provide for an extension, on request, every ten years. The last request for extension was timely ?led in 1999. BLM advises that that extension has still not been approved sometbur years later. We would like to discuss and clarify this situation with you. I took the liberty of advising o?ice in Rolla of the meeting and I believe that they intend to have a representative present. I hope that is acceptable to you. I look forward to our discussion. Sincerely yours, a?e??Ef?m Ernest K. Lehmann cc: Philip Rush John Romito Walter G. Lehmann Joy Moseley L. F. Hill Lehmann Exploration Management Inc. Suite 622 Plymuuth Building Geologists 12 Silk 6th Street Minneapolis, MN 55402 Tel. 612-338-5584 Cellular 612-859-4159 Fax 612-338-567 email geoming?agwo?dnetattnet website 20aneoleases?05?l4-03 May 14, 2003 Mr. James Sanders, Superintendent Superior National Forest US Forest Service 8901 Grand Avenue Place Duluth, MN 55808 Dear Mr. Sanders: Thanks you for agreeing to meet with me at 10:30 AM May 276' at your o?ces in Duluth. By way of background for the meeting, as you know, Beaver Bay Joint Venture, has been exploring and delineating a deposit of platinum group metals and copper and nickel at Birch Lake. Iehmarm Exploration Management is the operator of the joint venture. We are currently engaged in discussions with American Capper Nickel Company (ACNC), a wholly owned subsidiary of INCO Ltd, regarding possibly mutually bene?cial relationships between our two groups. In trying to explore possible relationships, one of the items at issue is the status of the ACNC leases in Lake County with the federal government. These leases provide for an extension, on request, every ten years. The last request for extension was timely ?led in 1999. BLM advises that that extension has still not been approved sometbur years later. We would like to discuss and clarify this situation with you. I took the liberty of advising o?ice in Rolla of the meeting and I believe that they intend to have a representative present. I hope that is acceptable to you. I look forward to our discussion. Sincerely yours, a?e??Ef?m Ernest K. Lehmann cc: Philip Rush John Romito Walter G. Lehmann Joy Moseley L. F. Hill l'l [Hih'd 3 . . r. mum. l? l.l'.HL n_r. 1. . . l? RHIJII \Him.z.Ilahvl I 'a?ll;l mllUnited State: Forest Eastern 310 West Wisconsin Avenue Department of Service Be; on Milwaukee, wisconsin 53203 Agriculture 4 Re; to; 2820 Date: I VI Vf/ Susject: ELM Preference Right Leases, ES 01352 and This decision is supported by the Superior National Forest Plan and Environmental Impact Statement, dated June 6, 1986, a copy of which is on file at your office. No further analysis is necessary. The lands are not located within any areas identified in the Department of the Interior and Related Agencies Appropriation Act for FY 87? POL. 99-500 (10/18/86)- FLOYD J. mam Regional Forester CC: Superior NF b?E District Office Alloys International, Inc. - FOR YOUR INFORMATION ONLY CWilliams United Staten Forest R-9 Department of Service Agriculture Caring for Land ado?Serving the People Reply to: 2620 Date: regarding termination o. 2 tinnesota Superior We recounend against termination of bonjs for 01352 and ES @1353. neejs for these leases include permanent closure of a sun; n: 10'x18'x1000', and re:tcratjcn of about ten acre sociated w;th the shaft and a surface rock We can recommend for bond termination only after reclamation is cocplete, cu'tva needed work is covered urder a different bond. Q4. I (1/3 7? (?vl Av A.) i 62% United States Forest Eastern Region 310 \Vest Wisconsin Ave. Department Service Suite 580 L1 of Agriculture Milwaukee, WI 53203 File Code: 2820 Date: April 12. 1999 Route To: Subject: Preference Rinht Leases - MNES 1352 and MNES 1353 additional stipulations if necessary. [3 Md BARBARA BIENIEWSKI Natural Resources Team Enclosure CCI Cleo Ashworth Stu Behling Caring for the Land and Serving People meed on Recycled Pas?! 0' Dalila 0! may United States Department of the Interior OF LAND MANAGEMENT Eastern States 745!) Boston Boulexard . Mr. Floyd J. Marita Regional Forester USDA Forest Service Eastern Regional Office 310 West Wisconsin Avenue Milwaukee, Wisconsin 53203 Dear Mr. Marita: This office received applications from the American Copper Nickel Company requesting the renewal of the subject preference right leases. Please provide this office with your recommendation regarding the renewal request and additional stipulations if necessary. The leas (D are due for renewal July 1, 1999. Sincerely, T. Darnell Best Land Law Examiner, Minerals Adjudication Branch of Use Authorizations Division of Resources Planning, Use and Protection enclosure v! . 1g mm a gram? . m: \gymL pp?. - LN - 1mm Rn 170$ . - =75: .19" ms: Joy K. Moseley RE: Lease Renewals M89-001352 and M89-001353 Dear Mr. Best, American Copper Nickel Company Inc hereby makes application for renew: II of Federal Leases 001352 and 001353 with an effective date of July 1 1999. As required by 43 CFR Ch 11 88 35661 a check in the amount of $48 660 00 IS enclosed as the payment due under the leases July 1, 1999. Also enclosed is another check in the amount of $50 00 (S25. 00 for each lease) as filing fee for the two leases Surety Continuation Certificates #2250 19 048766, #2250 42 048766 and #2250 41 048766 are enclosed for your records. Please call me at the phone number listed below if you have any questions or _oncems Sincerely have not addressed. ?i American Copper 8 Nickel Company, Inc. K. (>011? ?1151*?? 1.. Joy Moseley Attach 2 checks/3 Certificates CC: P. Rush Wallbridge Mining Co. AMERICAN COPPER 8. NICKEL COMPANY, INC. 922 19th Street - Golden, CO 80401-2307 Phone: (303)215-0151 Fax: (303)2150157 Ltirz Beaver Bay Joint Venture I-lardrock c/o Lehmann Expln. Mgmt. Inc. Preference Right Leases 12 South St. Suite 622 - Minneapolis, Minnesota 55402 Assignment of Record Title Approved On April 7, 2004, this of?ce received assignments conveying l00% record title interest from American Copper and Nickel Company Inc. to Beaver Bay Joint Venture for Preference Right Leases MNES 1352 and MNES 1353. Statewide Bond Number ESB000070 in the amount of $25,000 is on file, and is in compliance with 43 CPR 3504, which adequately covers reclamation costs for the leases. All requirements as set forth in 43 CFR 3512 have been met. The assignments are approved effective April 1, 2005 and are subject to the existing terms and conditions of the leases. 5%1/6 629/547 0 Steve Gobat Deputy State Director, Division of Natural Resources cc: ES RF: MFO 930 Rl" Lelummn Exploration Management Inc. Suite 622 Plymouth Building Geologists 12 6th Street Minneapolis, MN 55402 Tel. 612-338-5584 . ames an ers, uperm en ent Superior National Forest US. Forest Service 8901 Grand Avenue Place Duluth, MN 55808 Dear Mr. Sanders: Thanks you for agreeing to meet with me at 10:30 AM May at your of?ces in Duluth. By way of background for the meeting, as you know, Beaver Bay Joint Venture, has been exploring and delineating a deposit of platinum group metals and copper and nickel at Birch Lake. Lehmann Exploration Management is the operator of the joint venture. We are currently engaged in discussions with American Copper Nickel Company (ACNC), a wholly owned subsidiary of IN CO Ltd., regarding possibly mutually bene?cial relationships between our two groups. In trying to explore possible relationships, one of the items at issue is the status of the ACNC leases in Lake County with the federal government. These leases provide for an extension, on request, every ten years. The last request for extension was timely ?led in 1999. BLM advises that that extension has still not been approved some ?our years later. We would like to discuss and clarify this situation with you. I took the liberty of advising o?ice in Rolla of the meeting and I believe that they intend to have a representative present. I hope that is acceptable to you. I look forward to our discussion. Sincerely yours, Ernest K. Lehmann cc: Philip Rush John Ramiro Walter G. Lehmann Joy Moseley L. F. Hill 11" Created Total Messages in labelz97 (20 conversations) Created: 08-07-2018 at 11:52 AM Conversation Contents Twin Metals - Draft M-Opinion Attachments: /7. Twin Metals - Draft M-Opinion/1.1 Twin Metals -- Draft 11 24 17.docx "Haugrud, Kevin" From: Sent: To: CC: Subject: Attachments: "Haugrud, Kevin" Mon Nov 27 2017 09:39:33 GMT-0700 (MST) "Lisa Russell (ENRD)" , "Bosshardt, Stacey (ENRD)" , "Boronow, Clare (ENRD)" , "Piropato, Marissa (ENRD)" , Sean.C.Duffy@usdoj.gov Briana Collier , Richard McNeer , Karen Hawbecker Twin Metals - Draft M-Opinion Twin Metals -- Draft 11 24 17.docx Attached is a draft of a M-Opinion that would reverse M-37036 and conclude that Twin Metals does have a non-discretionary right to a third renewal. The Acting Solicitor would like to issue the M-Opinion this week, so we would appreciate any comments on the M-Opinion as soon as reasonably possible this week. I recognize we also need to discuss next steps once the opinion is issued. I can have Marigrace set up a time to discuss if you would like. "Bosshardt, Stacey (ENRD)" From: Sent: To: CC: Subject: "Bosshardt, Stacey (ENRD)" Tue Nov 28 2017 11:35:46 GMT-0700 (MST) "Haugrud, Kevin" , "Russell, Lisa (ENRD)" , "Boronow, Clare (ENRD)" , "Piropato, Marissa (ENRD)" , "Duffy, Sean C. (ENRD)" Briana Collier , Richard McNeer , Karen Hawbecker RE: Twin Metals - Draft M-Opinion Thanks, Jack. We reached out to Karen but she is out of the office until Thursday –would you prefer to set up a time before then to get our thoughts on the draft, or wait until she returns? Stacey Stacey Bosshardt Assistant Section Chief Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice P.O. Box 7611 Washington, D.C.20044-7611 Stacey.Bosshardt@usdoj.gov 202-514-2912 (telephone) 202-305-0506 (fax) From: Haugrud, Kevin [mailto:jack.haugrud@sol.doi.gov] Sent: Monday, November 27, 2017 11:40 AM To: Russell, Lisa (ENRD) ; Bosshardt, Stacey (ENRD) ; Boronow, Clare (ENRD) ; Piropato, Marissa (ENRD) ; Duffy, Sean C. (ENRD) Cc: Briana Collier ; Richard McNeer ; Karen Hawbecker Subject: Twin Metals - Draft M-Opinion Attached is a draft of a M-Opinion that would reverse M-37036 and conclude that Twin Metals does have a non-discretionary right to a third renewal. The Acting Solicitor would like to issue the M-Opinion this week, so we would appreciate any comments on the M-Opinion as soon as reasonably possible this week. I recognize we also need to discuss next steps once the opinion is issued. I can have Marigrace set up a time to discuss if you would like. "Haugrud, Kevin" From: Sent: To: CC: Subject: "Haugrud, Kevin" Tue Nov 28 2017 11:40:24 GMT-0700 (MST) "Bosshardt, Stacey (ENRD)" "Russell, Lisa (ENRD)" , "Boronow, Clare (ENRD)" , "Piropato, Marissa (ENRD)" , "Duffy, Sean C. (ENRD)" , Briana Collier , Richard McNeer , Karen Hawbecker , Mariagrazia Caminiti Re: Twin Metals - Draft M-Opinion Before then is fine. We can have Richard, Briana and me. I'm copying Marigrace so she can find a time that works. On Tue, Nov 28, 2017 at 1:35 PM, Bosshardt, Stacey (ENRD) wrote: Thanks, Jack. We reached out to Karen but she is out of the office until Thursday –would you prefer to set up a time before then to get our thoughts on the draft, or wait until she returns? Stacey Stacey Bosshardt Assistant Section Chief Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice P.O. Box 7611 Washington, D.C.20044-7611 Stacey.Bosshardt@usdoj.gov 202-514-2912 (telephone) 202-305-0506 (fax) From: Haugrud, Kevin [mailto:jack.haugrud@sol.doi.gov] Sent: Monday, November 27, 2017 11:40 AM To: Russell, Lisa (ENRD) ; Bosshardt, Stacey (ENRD) ; Boronow, Clare (ENRD) ; Piropato, Marissa (ENRD) ; Duffy, Sean C. (ENRD) Cc: Briana Collier ; Richard McNeer ; Karen Hawbecker Subject: Twin Metals - Draft M-Opinion Attached is a draft of a M-Opinion that would reverse M-37036 and conclude that Twin Metals does have a non-discretionary right to a third renewal. The Acting Solicitor would like to issue the MOpinion this week, so we would appreciate any comments on the M-Opinion as soon as reasonably possible this week. I recognize we also need to discuss next steps once the opinion is issued. I can have Marigrace set up a time to discuss if you would like. "Collier, Briana" From: Sent: To: Subject: "Collier, Briana" Tue Nov 28 2017 11:46:43 GMT-0700 (MST) Ryan Sklar Fwd: Twin Metals - Draft M-Opinion Ryan, FYI. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. ---------- Forwarded message ---------From: Haugrud, Kevin Date: Tue, Nov 28, 2017 at 11:40 AM Subject: Re: Twin Metals - Draft M-Opinion To: "Bosshardt, Stacey (ENRD)" Cc: "Russell, Lisa (ENRD)" , "Boronow, Clare (ENRD)" , "Piropato, Marissa (ENRD)" , "Duffy, Sean C. (ENRD)" , Briana Collier , Richard McNeer , Karen Hawbecker , Mariagrazia Caminiti Before then is fine. We can have Richard, Briana and me. I'm copying Marigrace so she can find a time that works. On Tue, Nov 28, 2017 at 1:35 PM, Bosshardt, Stacey (ENRD) wrote: Thanks, Jack. We reached out to Karen but she is out of the office until Thursday –would you prefer to set up a time before then to get our thoughts on the draft, or wait until she returns? Stacey Stacey Bosshardt Assistant Section Chief Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice P.O. Box 7611 Washington, D.C.20044-7611 Stacey.Bosshardt@usdoj.gov 202-514-2912 (telephone) 202-305-0506 (fax) From: Haugrud, Kevin [mailto:jack.haugrud@sol.doi.gov] Sent: Monday, November 27, 2017 11:40 AM To: Russell, Lisa (ENRD) ; Bosshardt, Stacey (ENRD) ; Boronow, Clare (ENRD) ; Piropato, Marissa (ENRD) ; Duffy, Sean C. (ENRD) Cc: Briana Collier ; Richard McNeer ; Karen Hawbecker Subject: Twin Metals - Draft M-Opinion Attached is a draft of a M-Opinion that would reverse M-37036 and conclude that Twin Metals does have a non-discretionary right to a third renewal. The Acting Solicitor would like to issue the MOpinion this week, so we would appreciate any comments on the M-Opinion as soon as reasonably possible this week. I recognize we also need to discuss next steps once the opinion is issued. I can have Marigrace set up a time to discuss if you would like. "Caminiti, Mariagrazia" From: Sent: To: "Caminiti, Mariagrazia" Tue Nov 28 2017 11:46:25 GMT-0700 (MST) "Haugrud, Kevin" "Bosshardt, Stacey (ENRD)" , "Russell, Lisa (ENRD)" , "Boronow, CC: Subject: Clare (ENRD)" , "Piropato, Marissa (ENRD)" , "Duffy, Sean C. (ENRD)" , Briana Collier , Richard McNeer , Karen Hawbecker Re: Twin Metals - Draft M-Opinion Looking at calendars for Richard and Briana, and Jack, we could do: Today - 4:00 pm 11/29 - 3:00 pm to cob Do you have a preference? mg On Tue, Nov 28, 2017 at 1:40 PM, Haugrud, Kevin wrote: Before then is fine. We can have Richard, Briana and me. I'm copying Marigrace so she can find a time that works. On Tue, Nov 28, 2017 at 1:35 PM, Bosshardt, Stacey (ENRD) wrote: Thanks, Jack. We reached out to Karen but she is out of the office until Thursday –would you prefer to set up a time before then to get our thoughts on the draft, or wait until she returns? Stacey Stacey Bosshardt Assistant Section Chief Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice P.O. Box 7611 Washington, D.C.20044-7611 Stacey.Bosshardt@usdoj.gov 202-514-2912 (telephone) 202-305-0506 (fax) From: Haugrud, Kevin [mailto:jack.haugrud@sol.doi.gov] Sent: Monday, November 27, 2017 11:40 AM To: Russell, Lisa (ENRD) ; Bosshardt, Stacey (ENRD) ; Boronow, Clare (ENRD) ; Piropato, Marissa (ENRD) ; Duffy, Sean C. (ENRD) Cc: Briana Collier ; Richard McNeer ; Karen Hawbecker Subject: Twin Metals - Draft M-Opinion Attached is a draft of a M-Opinion that would reverse M-37036 and conclude that Twin Metals does have a non-discretionary right to a third renewal. The Acting Solicitor would like to issue the MOpinion this week, so we would appreciate any comments on the M-Opinion as soon as reasonably possible this week. I recognize we also need to discuss next steps once the opinion is issued. I can have Marigrace set up a time to discuss if you would like. -- Marigrace Caminiti Executive Assistant to the Solicitor US Department of the Interior 1849 C Street, NW, Rm. 6352 Washington, DC 20240 202-208-4423 - main number 202-208-3111 - direct 202-208-5584 - fax 202-528-0486 or 202-359-2949 -cell/wcell ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you receive this Message in error, please notify the sender immediately and destroy all copies. "McNeer, Richard" From: Sent: To: CC: Subject: "McNeer, Richard" Tue Nov 28 2017 12:09:35 GMT-0700 (MST) "Caminiti, Mariagrazia" "Collier, Briana" Re: Twin Metals - Draft M-Opinion Marigrace: No preference. Richard On Tue, Nov 28, 2017 at 1:46 PM, Caminiti, Mariagrazia wrote: Looking at calendars for Richard and Briana, and Jack, we could do: Today - 4:00 pm 11/29 - 3:00 pm to cob Do you have a preference? mg On Tue, Nov 28, 2017 at 1:40 PM, Haugrud, Kevin wrote: Before then is fine. We can have Richard, Briana and me. I'm copying Marigrace so she can find a time that works. On Tue, Nov 28, 2017 at 1:35 PM, Bosshardt, Stacey (ENRD) wrote: Thanks, Jack. We reached out to Karen but she is out of the office until Thursday –would you prefer to set up a time before then to get our thoughts on the draft, or wait until she returns? Stacey Stacey Bosshardt Assistant Section Chief Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice P.O. Box 7611 Washington, D.C.20044-7611 Stacey.Bosshardt@usdoj.gov 202-514-2912 (telephone) 202-305-0506 (fax) From: Haugrud, Kevin [mailto:jack.haugrud@sol.doi.gov] Sent: Monday, November 27, 2017 11:40 AM To: Russell, Lisa (ENRD) ; Bosshardt, Stacey (ENRD) ; Boronow, Clare (ENRD) ; Piropato, Marissa (ENRD) ; Duffy, Sean C. (ENRD) Cc: Briana Collier ; Richard McNeer ; Karen Hawbecker Subject: Twin Metals - Draft M-Opinion Attached is a draft of a M-Opinion that would reverse M-37036 and conclude that Twin Metals does have a non-discretionary right to a third renewal. The Acting Solicitor would like to issue the M-Opinion this week, so we would appreciate any comments on the M-Opinion as soon as reasonably possible this week. I recognize we also need to discuss next steps once the opinion is issued. I can have Marigrace set up a time to discuss if you would like. -- Marigrace Caminiti Executive Assistant to the Solicitor US Department of the Interior 1849 C Street, NW, Rm. 6352 Washington, DC 20240 202-208-4423 - main number 202-208-3111 - direct 202-208-5584 - fax 202-528-0486 or 202-359-2949 -cell/wcell ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you receive this Message in error, please notify the sender immediately and destroy all copies. "Collier, Briana" From: "Collier, Briana" Sent: To: CC: Subject: Tue Nov 28 2017 12:10:53 GMT-0700 (MST) "McNeer, Richard" "Caminiti, Mariagrazia" Re: Twin Metals - Draft M-Opinion I'm fine with either as well. Thanks! Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Tue, Nov 28, 2017 at 12:09 PM, McNeer, Richard wrote: Marigrace: No preference. Richard On Tue, Nov 28, 2017 at 1:46 PM, Caminiti, Mariagrazia wrote: Looking at calendars for Richard and Briana, and Jack, we could do: Today - 4:00 pm 11/29 - 3:00 pm to cob Do you have a preference? mg On Tue, Nov 28, 2017 at 1:40 PM, Haugrud, Kevin wrote: Before then is fine. We can have Richard, Briana and me. I'm copying Marigrace so she can find a time that works. On Tue, Nov 28, 2017 at 1:35 PM, Bosshardt, Stacey (ENRD) wrote: Thanks, Jack. We reached out to Karen but she is out of the office until Thursday –would you prefer to set up a time before then to get our thoughts on the draft, or wait until she returns? Stacey Stacey Bosshardt Assistant Section Chief Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice P.O. Box 7611 Washington, D.C.20044-7611 Stacey.Bosshardt@usdoj.gov 202-514-2912 (telephone) 202-305-0506 (fax) From: Haugrud, Kevin [mailto:jack.haugrud@sol.doi.gov] Sent: Monday, November 27, 2017 11:40 AM To: Russell, Lisa (ENRD) ; Bosshardt, Stacey (ENRD) ; Boronow, Clare (ENRD) ; Piropato, Marissa (ENRD) ; Duffy, Sean C. (ENRD) Cc: Briana Collier ; Richard McNeer ; Karen Hawbecker Subject: Twin Metals - Draft M-Opinion Attached is a draft of a M-Opinion that would reverse M-37036 and conclude that Twin Metals does have a non-discretionary right to a third renewal. The Acting Solicitor would like to issue the M-Opinion this week, so we would appreciate any comments on the M-Opinion as soon as reasonably possible this week. I recognize we also need to discuss next steps once the opinion is issued. I can have Marigrace set up a time to discuss if you would like. -- Marigrace Caminiti Executive Assistant to the Solicitor US Department of the Interior 1849 C Street, NW, Rm. 6352 Washington, DC 20240 202-208-4423 - main number 202-208-3111 - direct 202-208-5584 - fax 202-528-0486 or 202-359-2949 -cell/wcell ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you receive this Message in error, please notify the sender immediately and destroy all copies. "Bosshardt, Stacey (ENRD)" From: Sent: To: CC: "Bosshardt, Stacey (ENRD)" Tue Nov 28 2017 12:15:09 GMT-0700 (MST) "Caminiti, Mariagrazia" , "Haugrud, Kevin" "Russell, Lisa (ENRD)" , "Boronow, Clare (ENRD)" , "Piropato, Marissa (ENRD)" , "Duffy, Sean C. (ENRD)" , Briana Collier , Richard McNeer Subject: , Karen Hawbecker RE: Twin Metals - Draft M-Opinion Sean and I are available at 3:00 p.m. tomorrow. Marissa and Clare are on travel and I’m not sure of their availability, so we will try to collect their thoughts before then. From: Caminiti, Mariagrazia [mailto:marigrace.caminiti@sol.doi.gov] Sent: Tuesday, November 28, 2017 1:46 PM To: Haugrud, Kevin Cc: Bosshardt, Stacey (ENRD) ; Russell, Lisa (ENRD) ; Boronow, Clare (ENRD) ; Piropato, Marissa (ENRD) ; Duffy, Sean C. (ENRD) ; Briana Collier ; Richard McNeer ; Karen Hawbecker Subject: Re: Twin Metals - Draft M-Opinion Looking at calendars for Richard and Briana, and Jack, we could do: Today - 4:00 pm 11/29 - 3:00 pm to cob Do you have a preference? mg On Tue, Nov 28, 2017 at 1:40 PM, Haugrud, Kevin wrote: Before then is fine. We can have Richard, Briana and me. I'm copying Marigrace so she can find a time that works. On Tue, Nov 28, 2017 at 1:35 PM, Bosshardt, Stacey (ENRD) wrote: Thanks, Jack. We reached out to Karen but she is out of the office until Thursday –would you prefer to set up a time before then to get our thoughts on the draft, or wait until she returns? Stacey Stacey Bosshardt Assistant Section Chief Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice P.O. Box 7611 Washington, D.C.20044-7611 Stacey.Bosshardt@usdoj.gov 202-514-2912 (telephone) 202-305-0506 (fax) From: Haugrud, Kevin [mailto:jack.haugrud@sol.doi.gov] Sent: Monday, November 27, 2017 11:40 AM To: Russell, Lisa (ENRD) ; Bosshardt, Stacey (ENRD) ; Boronow, Clare (ENRD) ; Piropato, Marissa (ENRD) ; Duffy, Sean C. (ENRD) Cc: Briana Collier ; Richard McNeer ; Karen Hawbecker Subject: Twin Metals - Draft M-Opinion Attached is a draft of a M-Opinion that would reverse M-37036 and conclude that Twin Metals does have a non-discretionary right to a third renewal. The Acting Solicitor would like to issue the MOpinion this week, so we would appreciate any comments on the M-Opinion as soon as reasonably possible this week. I recognize we also need to discuss next steps once the opinion is issued. I can have Marigrace set up a time to discuss if you would like. -- Marigrace Caminiti Executive Assistant to the Solicitor US Department of the Interior 1849 C Street, NW, Rm. 6352 Washington, DC 20240 202-208-4423 - main number 202-208-3111 - direct 202-208-5584 - fax 202-528-0486 or 202-359-2949 -cell/wcell ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you receive this Message in error, please notify the sender immediately and destroy all copies. "Sklar, Ryan" From: Sent: To: Subject: "Sklar, Ryan" Tue Nov 28 2017 12:19:51 GMT-0700 (MST) "Collier, Briana" Re: Twin Metals - Draft M-Opinion Thanks for the heads up! On Tue, Nov 28, 2017 at 1:46 PM, Collier, Briana wrote: Ryan, FYI. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. ---------- Forwarded message ---------From: Haugrud, Kevin Date: Tue, Nov 28, 2017 at 11:40 AM Subject: Re: Twin Metals - Draft M-Opinion To: "Bosshardt, Stacey (ENRD)" Cc: "Russell, Lisa (ENRD)" , "Boronow, Clare (ENRD)" , "Piropato, Marissa (ENRD)" , "Duffy, Sean C. (ENRD)" , Briana Collier , Richard McNeer , Karen Hawbecker , Mariagrazia Caminiti Before then is fine. We can have Richard, Briana and me. I'm copying Marigrace so she can find a time that works. On Tue, Nov 28, 2017 at 1:35 PM, Bosshardt, Stacey (ENRD) wrote: Thanks, Jack. We reached out to Karen but she is out of the office until Thursday –would you prefer to set up a time before then to get our thoughts on the draft, or wait until she returns? Stacey Stacey Bosshardt Assistant Section Chief Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice P.O. Box 7611 Washington, D.C.20044-7611 Stacey.Bosshardt@usdoj.gov 202-514-2912 (telephone) 202-305-0506 (fax) From: Haugrud, Kevin [mailto:jack.haugrud@sol.doi.gov] Sent: Monday, November 27, 2017 11:40 AM To: Russell, Lisa (ENRD) ; Bosshardt, Stacey (ENRD) ; Boronow, Clare (ENRD) ; Piropato, Marissa (ENRD) ; Duffy, Sean C. (ENRD) Cc: Briana Collier ; Richard McNeer ; Karen Hawbecker Subject: Twin Metals - Draft M-Opinion Attached is a draft of a M-Opinion that would reverse M-37036 and conclude that Twin Metals does have a non-discretionary right to a third renewal. The Acting Solicitor would like to issue the MOpinion this week, so we would appreciate any comments on the M-Opinion as soon as reasonably possible this week. I recognize we also need to discuss next steps once the opinion is issued. I can have Marigrace set up a time to discuss if you would like. -Ryan Sklar Attorney-Advisor Office of the Solicitor U.S. Department of the Interior 202-208-3039 NOTICE: This e-mail (including attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this e-mail or its contents is strictly prohibited. If you receive this e-mail in error, please notify the sender immediately and destroy all copies. "Caminiti, Mariagrazia" From: Sent: To: CC: Subject: "Caminiti, Mariagrazia" Tue Nov 28 2017 12:41:50 GMT-0700 (MST) "Bosshardt, Stacey (ENRD)" "Haugrud, Kevin" , "Russell, Lisa (ENRD)" , "Boronow, Clare (ENRD)" , "Piropato, Marissa (ENRD)" , "Duffy, Sean C. (ENRD)" , Briana Collier , Richard McNeer , Karen Hawbecker Re: Twin Metals - Draft M-Opinion I'll send out a meeting invitation. thanks.mg On Tue, Nov 28, 2017 at 2:15 PM, Bosshardt, Stacey (ENRD) wrote: Sean and I are available at 3:00 p.m. tomorrow. Marissa and Clare are on travel and I’m not sure of their availability, so we will try to collect their thoughts before then. From: Caminiti, Mariagrazia [mailto:marigrace.caminiti@sol.doi.gov] Sent: Tuesday, November 28, 2017 1:46 PM To: Haugrud, Kevin Cc: Bosshardt, Stacey (ENRD) ; Russell, Lisa (ENRD) ; Boronow, Clare (ENRD) ; Piropato, Marissa (ENRD) ; Duffy, Sean C. (ENRD) ; Briana Collier ; Richard McNeer ; Karen Hawbecker Subject: Re: Twin Metals - Draft M-Opinion Looking at calendars for Richard and Briana, and Jack, we could do: Today - 4:00 pm 11/29 - 3:00 pm to cob Do you have a preference? mg On Tue, Nov 28, 2017 at 1:40 PM, Haugrud, Kevin wrote: Before then is fine. We can have Richard, Briana and me. I'm copying Marigrace so she can find a time that works. On Tue, Nov 28, 2017 at 1:35 PM, Bosshardt, Stacey (ENRD) wrote: Thanks, Jack. We reached out to Karen but she is out of the office until Thursday –would you prefer to set up a time before then to get our thoughts on the draft, or wait until she returns? Stacey Stacey Bosshardt Assistant Section Chief Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice P.O. Box 7611 Washington, D.C.20044-7611 Stacey.Bosshardt@usdoj.gov 202-514-2912 (telephone) 202-305-0506 (fax) From: Haugrud, Kevin [mailto:jack.haugrud@sol.doi.gov] Sent: Monday, November 27, 2017 11:40 AM To: Russell, Lisa (ENRD) ; Bosshardt, Stacey (ENRD) ; Boronow, Clare (ENRD) ; Piropato, Marissa (ENRD) ; Duffy, Sean C. (ENRD) Cc: Briana Collier ; Richard McNeer ; Karen Hawbecker Subject: Twin Metals - Draft M-Opinion Attached is a draft of a M-Opinion that would reverse M-37036 and conclude that Twin Metals does have a non-discretionary right to a third renewal. The Acting Solicitor would like to issue the M-Opinion this week, so we would appreciate any comments on the M-Opinion as soon as reasonably possible this week. I recognize we also need to discuss next steps once the opinion is issued. I can have Marigrace set up a time to discuss if you would like. -- Marigrace Caminiti Executive Assistant to the Solicitor US Department of the Interior 1849 C Street, NW, Rm. 6352 Washington, DC 20240 202-208-4423 - main number 202-208-3111 - direct 202-208-5584 - fax 202-528-0486 or 202-359-2949 -cell/wcell ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you receive this Message in error, please notify the sender immediately and destroy all copies. -- Marigrace Caminiti Executive Assistant to the Solicitor US Department of the Interior 1849 C Street, NW, Rm. 6352 Washington, DC 20240 202-208-4423 - main number 202-208-3111 - direct 202-208-5584 - fax 202-528-0486 or 202-359-2949 -cell/wcell ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you receive this Message in error, please notify the sender immediately and destroy all copies. DRAFT Privileged and Con?dential November 24. 2017 M- Memorandum To: Directon Bureau of Land Management From: Solicitor Subject: Reversal of M-37036, ?Twin Metals Minnesota Application to Renew Preference Right Leases and DRAFT Privileged and Con?dential November 24. 2017 DRAFT Privileged and Con?dential November 24, 2017 DRAFT Privileged and Con?dential November 24, 2017 DRAFT Privileged and Con?dential November 24, 2017 DRAFT Privileged and Con?dential November 24, 2017 DRAFT Privileged and Con?dential November 24, 2017 DRAFT Privileged and Con?dential November 24, 2017 DRAFT Privileged and Con?dential November 24, 2017 DRAFT Privileged and Con?dential November 24, 2017 DRAFT Privileged and Con?dential November 24, 2017 DRAFT Privileged and Con?dential November 24, 2017 DRAFT Privileged and Con?dential November 24, 2017 DRAFT Privileged and Con?dential November 24, 2017 DRAFT Privileged and Con?dential November 24, 2017 DRAFT Privileged and Con?dential November 24, 2017 DRAFT Privileged and Con?dential November 24, 2017 DRAFT Privileged and Con?dential November 24, 2017 DRAFT Privileged and Con?dential November 24. 2017 19 Created Total Messages in abe :97 (2O conversations) Created: 08-07-2018 at 11:52 AM Conversation Contents Twin Metals draft Kevin Haugrud From: Sent: To: CC: Subject: Kevin Haugrud Wed Nov 22 2017 15:23:38 GMT-0700 (MST) Briana Collier Twin Metals draft Created Total Messages in abe :97 (20 conversations) Created: 08-07-2018 at 11:52 AM Conversation Contents Draft Twin Metals Opinion Attachments: /9. Draft Twin Metals Opinion/1.1 Twin Metals -- Draft 11 22 17.docx /9. Draft Twin Metals Opinion/2.1 Twin Metals -- Draft 11 22 17.docx "Haugrud, Kevin" From: Sent: To: Subject: Attachments: "Haugrud, Kevin" Wed Nov 22 2017 08:35:05 GMT-0700 (MST) Briana Collier , Karen Hawbecker , Richard McNeer , Gary Lawkowski Draft Twin Metals Opinion Twin Metals -- Draft 11 22 17.docx At long last, attached is a revised version of the draft M-Opinion for your review. I have not proofread it, and certain citations need to be fixed (e.g., references to the old M-Opinion are often written as "M37" for shorthand). If you think putting it on google docs for shared editing would make more sense, feel free to do so. "Collier, Briana" From: Sent: To: CC: Subject: Attachments: "Collier, Briana" Wed Nov 22 2017 08:40:39 GMT-0700 (MST) Steve Harris Karen Hawbecker , Richard McNeer Fwd: Draft Twin Metals Opinion Twin Metals -- Draft 11 22 17.docx Fwd-ing to Steve. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. ---------- Forwarded message ---------From: Haugrud, Kevin Date: Wed, Nov 22, 2017 at 8:35 AM Subject: Draft Twin Metals Opinion To: Briana Collier , Karen Hawbecker , Richard McNeer , Gary Lawkowski At long last, attached is a revised version of the draft M-Opinion for your review. I have not proofread it, and certain citations need to be fixed (e.g., references to the old M-Opinion are often written as "M37" for shorthand). If you think putting it on google docs for shared editing would make more sense, feel free to do so. Karen Hawbecker From: Sent: To: CC: Subject: Karen Hawbecker Wed Nov 22 2017 08:46:52 GMT-0700 (MST) "Collier, Briana" Steve Harris , Richard McNeer Re: Draft Twin Metals Opinion Thanks, Briana. Should we put it on Google Docs? What do you think? Do you have access to set it up there? Does everyone else have a means of accessing Google docs? —Karen Sent from my iPad On Nov 22, 2017, at 9:41 AM, Collier, Briana wrote: Fwd-ing to Steve. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. ---------- Forwarded message ---------From: Haugrud, Kevin Date: Wed, Nov 22, 2017 at 8:35 AM Subject: Draft Twin Metals Opinion To: Briana Collier , Karen Hawbecker , Richard McNeer , Gary Lawkowski At long last, attached is a revised version of the draft M-Opinion for your review. I have not proofread it, and certain citations need to be fixed (e.g., references to the old M-Opinion are often written as "M37" for shorthand). If you think putting it on google docs for shared editing would make more sense, feel free to do so. "Harris, Steve" From: Sent: To: CC: Subject: "Harris, Steve" Wed Nov 22 2017 08:47:25 GMT-0700 (MST) "Collier, Briana" Karen Hawbecker , Richard McNeer Re: Draft Twin Metals Opinion Got it. Thank you. On Wed, Nov 22, 2017 at 10:40 AM, Collier, Briana wrote: Fwd-ing to Steve. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. ---------- Forwarded message ---------From: Haugrud, Kevin Date: Wed, Nov 22, 2017 at 8:35 AM Subject: Draft Twin Metals Opinion To: Briana Collier , Karen Hawbecker , Richard McNeer , Gary Lawkowski At long last, attached is a revised version of the draft M-Opinion for your review. I have not proofread it, and certain citations need to be fixed (e.g., references to the old M-Opinion are often written as "M37" for shorthand). If you think putting it on google docs for shared editing would make more sense, feel free to do so. ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. Karen Hawbecker From: Sent: To: CC: Subject: Karen Hawbecker Wed Nov 22 2017 08:48:31 GMT-0700 (MST) "Haugrud, Kevin" Briana Collier , Richard McNeer , Gary Lawkowski , Steve Harris Re: Draft Twin Metals Opinion Thanks for all of your work on this, Jack. We may drop it into Google docs. I’m making sure everyone who will look at it has access to google drive. —Karen Sent from my iPad On Nov 22, 2017, at 9:35 AM, Haugrud, Kevin wrote: At long last, attached is a revised version of the draft M-Opinion for your review. I have not proofread it, and certain citations need to be ?xed references to the old M-Opinion are often written as for shorthand). If you think putting it on google docs for shared editing would make more sense, feel free to do so. "Haugrud, Kevin" From: "Haugrud, Kevin" Sent: Wed Nov 22 2017 08:54:39 GMT-0700 (MST) To: Karen Hawbecker Briana Collier Richard McNeer CC: Gary Lawkowski Steve Harris Subject: Re: Draft Twin Metals Opinion Thanks Karen. I should address one item vou will see in the revision - I refused to discuss the On Wed, Nov 22, 2017 at 10:48 AM, Karen Hawbecker wrote: Thanks for all of your work on this, Jack. We may drop it into Google docs. I?m making sure everyone who will look at it has access to google drive. ?Karen Sent from my iPad On Nov 22, 2017, at 9:35 AM, Haugrud, Kevin wrote: At long last, attached is a revised version of the draft M-Opinion for your review. I have not proofread it, and certain citations need to be ?xed references to the old M-Opinion are often written as for shorthand). If you think putting it on google docs for shared editing would make more sense, feel free to do so. "Collier, Briana" From: "Collier, Briana" Sent: Wed Nov 22 2017 08:55:39 GMT-0700 (MST) To: Karen Hawbecker CC: Steve Harris Richard McNeer Subject: Re: Draft Twin Metals Opinion I have access to google drive and can load the draft, save it as a google doc, and share the link. I just started editing the word version, but can transfer my comments. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Wed, Nov 22, 2017 at 8:46 AM, Karen Hawbecker wrote: Thanks, Briana. Should we put it on Google Docs? What do you think? Do you have access to set it up there? Does everyone else have a means of accessing Google docs? —Karen Sent from my iPad On Nov 22, 2017, at 9:41 AM, Collier, Briana wrote: Fwd-ing to Steve. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. ---------- Forwarded message ---------From: Haugrud, Kevin Date: Wed, Nov 22, 2017 at 8:35 AM Subject: Draft Twin Metals Opinion To: Briana Collier , Karen Hawbecker , Richard McNeer , Gary Lawkowski At long last, attached is a revised version of the draft M-Opinion for your review. I have not proofread it, and certain citations need to be fixed (e.g., references to the old M-Opinion are often written as "M37" for shorthand). If you think putting it on google docs for shared editing would make more sense, feel free to do so. Karen Hawbecker From: Sent: To: Karen Hawbecker Wed Nov 22 2017 09:06:04 GMT-0700 (MST) "Collier, Briana" Steve Harris , Richard McNeer Re: Draft Twin Metals Opinion CC: Subject: Okay. Please load it on google drive. Invite Steve, Richard, Jack, Gary and me. Thanks, Briana. Sent from my iPad On Nov 22, 2017, at 9:56 AM, Collier, Briana wrote: I have access to google drive and can load the draft, save it as a google doc, and share the link. I just started editing the word version, but can transfer my comments. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Wed, Nov 22, 2017 at 8:46 AM, Karen Hawbecker wrote: Thanks, Briana. Should we put it on Google Docs? What do you think? Do you have access to set it up there? Does everyone else have a means of accessing Google docs? —Karen Sent from my iPad On Nov 22, 2017, at 9:41 AM, Collier, Briana wrote: Fwd-ing to Steve. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or othenNise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. Fon/varded message From: Haugrud, Kevin Date: Wed, Nov 22, 2017 at 8:35 AM Subject: Draft Twin Metals Opinion To: Briana Collier Karen Hawbecker Richard McNeer Gary Lawkowski At long last, attached is a revised version of the draft M-Opinion for your review. I have not proofread it, and certain citations need to be ?xed references to the old M-Opinion are often written as for shorthand). If you think putting it on google docs for shared editing would make more sense, feel free to do so. Karen Hawbecker From: Sent To: CC: Subject: Karen Hawbecker Wed Nov 22 2017 09:07:55 GMT-0700 (MST) "Haugrud, Kevin" Briana Collier Richard McNeer Gary Lawkowski Steve Harris Re: Draft Twin Metals Opinion Thanks, Jack. I think that?s a good approach. Briana will load it on Google Drive and give us all access. I need to leave to pick- up at the airport shortly, but then plan to begin my review. ?Karen Sent from my iPad On Nov 22, 2017, at 9:54 AM, Haugrud, Kevin wrote: Thanks Karen. I should address one item you will see in the revision - I refused to discuss On Wed, Nov 22, 2017 at 10:48 AM, Karen Hawbecker wrote: Thanks for all of your work on this, Jack. We may drop it into Google docs. I?m making sure everyone who will look at it has access to google drive. ?Karen Sent from my iPad On Nov 22, 2017, at 9:35 AM, Haugrud, Kevin wrote: At long last, attached is a revised version of the draft M-Opinion for your review. I have not proofread it, and certain citations need to be ?xed references to the old M-Opinion are often written as for shorthand). If you think putting it on google docs for shared editing would make more sense, feel free to do so. DRAFT Privileged and Con?dential November 22. 2017 M- Memorandum To: Director: Bureau of Land Management From: Solicitor Subject: Reversal of M-3 703 6, ?Twin Metals Mimiesota Application to Renew Preference Right Leases and p?n DRAFT Privileged and Con?dential November 22. 2017 DRAFT Privileged and Con?dential November 22. 2017 U.) DRAFT Privileged and Con?dential November 22. 2017 DRAFT Privileged and Con?dential November 22. 2017 DRAFT Privileged and Con?dential November 22. 2017 DRAFT Privileged and Con?dential November 22. 2017 DRAFT Privileged and Con?dential November 22. 2017 DRAFT Privileged and Con?dential November 22. 2017 DRAFT Privileged and Con?dential November 22. 2017 1 DRAFT Privileged and Con?dential November 22. 2017 p?A p?n DRAFT Privileged and Con?dential November 22. 2017 DRAFT Privileged and Con?dential November 22. 2017 DRAFT Privileged and Con?dential November 22. 2017 1 DRAFT Privileged and Con?dential November 22. 2017 p?i u: DRAFT Privileged and Con?dential November 22. 2017 DRAFT Privileged and Con?dential November 22. 2017 17 DRAFT Privileged and Con?dential November 22. 2017 1 00 DRAFT Privileged and Con?dential November 22. 2017 M- Memorandum To: Director: Bureau of Land Management From: Solicitor Subject: Reversal of M-3 703 6, ?Twin Metals Mimiesota Application to Renew Preference Right Leases and p?n DRAFT Privileged and Con?dential November 22. 2017 DRAFT Privileged and Con?dential DRAFT Privileged and Con?dential DRAFT Privileged and Con?dential DRAFT Privileged and Con?dential DRAFT Privileged and Con?dential DRAFT Privileged and Con?dential DRAFT Privileged and Con?dential DRAFT Privileged and Con?dential DRAFT Privileged and Con?dential DRAFT Privileged and Con?dential DRAFT Privileged and Con?dential DRAFT Privileged and Con?dential DRAFT Privileged and Con?dential DRAFT Privileged and Con?dential DRAFT Privileged and Con?dential November 22. 2017 17 DRAFT Privileged and Con?dential November 22. 2017 1 00 Created Total Messages in abe :97 (20 conversations) Created: 08-07-2018 at 11:52 AM Conversation Contents Fwd: Twin Metals Attachments: /10. Fwd: Twin Metals/1.1 Twin Metals -- Alternative Draft with KJH.docx Karen Hawbecker From: Karen Hawbecker Sent: Wed Nov 22 2017 07:13:26 GMT-0700 (MST) Richard McNeer To: Steve Harris Subject: Fwd: Twin Metals Attachments: Twin Metals -- Alternative Draft with KJH.docx Jack sent this draft to me last night, which I didn?t see until after 10 pm. Just as was about to begin looking at it, he sent an email at 10:25 pm telling me to ignore his earlier email and saying that he had sent the wrong version and that he had modified the last few pages in another version at the of?ce that he didn?t have access to at home. asked if the early parts of the memo were going to change, but then I fell asleep before getting an answer. He sent a later email saying that he was focusing on the end of the memo now. You can see in this email that he said he is still working on it and that he thought it was still pretty rough. Nevertheless, I think we should start looking at the ?rst fifteen or so pages. Keep in mind that the last pages are still in ?ux. I will look at this too. Becoming familiar with it now will help the review process on a later version too, I think. ?Karen Sent from my iPad Begin forwarded message: From: "Haugrud, Kevin" Date: November 21, 2017 at 5:46:03 PM CST To: Karen Hawbecker Subject: Twin Metals Karen: In case you have time, and hopefully for your sake you do not, I'm attaching my revised version of the M-Opinion. It's pretty rough, and I will continue to work on it tonight, but wanted to get your feedback on the overall structure and arguments. Right now. the main argument that is completely missing is Karen Hawbecker From: Karen Hawbecker Sent: Wed Nov 22 2017 07:23:13 GMT-0700 (MST) Richard McNeer To: "briana.collier@sol.doi.gov" Steve Harris Subject: Re: Twin Metals I emailed Jack to tell him I was going to ask you to begin review of this draft. He said not to do that and that he would send a new version in the next hour. Please hold off on this version. Sent from my iPad On Nov 22, 2017, at 8:13 AM, Karen Hawbecker wrote: Jack sent this draft to me last night, which I didn?t see until after 10 pm. Just as was about to begin looking at it, he sent an email at 10:25 pm telling me to ignore his earlier email and saying that he had sent the wrong version and that he had modi?ed the last few pages in another version at the office that he didn?t have access to at home. asked if the early parts of the memo were going to change, but then I fell asleep before getting an answer. He sent a later email saying that he was focusing on the end of the memo now. You can see in this email that he said he is still working on it and that he thought it was still pretty rough. Nevertheless, I think we should start looking at the ?rst fifteen or so pages. Keep in mind that the last pages are still in ?ux. I will look at this too. Becoming familiar with it now will help the review process on a later version too, I think. ?Karen Sent from my iPad Begin forwarded message: From: "Haugrud, Kevin" Date: November 21, 2017 at 5:46:03 PM CST To: Karen Hawbecker Subject: Twin Metals Karen: In case you have time, and hopefully for your sake you do not, I'm attaching my revised version of the M-Opinion. It's pretty rough, and I will continue to work on it tonight, but wanted to get your feedback on the overall structure and arguments. Right now. the main argument that is completely missing is "Harris, Steve" From: "Harris, Steve" Sent: Wed Nov 22 2017 07:46:44 GMT-0700 (MST) To: Karen Hawbecker CC: Richard McNeer . Subject: Re: Twin Metals I can probably work through some of this while waiting. If he's citing to the same stuff (footnotes, memos, etc.), I can check those and then compare. On Wed, Nov 22, 2017 at 9:23 AM, Karen Hawbecker wrote: I emailed Jack to tell him I was going to ask you to begin review of this draft. He said not to do that and that he would send a new version in the next hour. Please hold off on this version. Sent from my iPad On Nov 22, 2017, at 8:13 AM, Karen Hawbecker wrote: Jack sent this draft to me last night, which I didn?t see until after 10 pm. Just as was about to begin looking at it, he sent an email at 10:25 pm telling me to ignore his earlier email and saying that he had sent the wrong version and that he had modi?ed the last few pages in another version at the of?ce that he didn?t have access to at home. asked if the early parts of the memo were going to change, but then I fell asleep before getting an answer. He sent a later email saying that he was focusing on the end of the memo now. You can see in this email that he said he is still working on it and that he thought it was still pretty rough. Nevertheless, I think we should start looking at the ?rst ?fteen or so pages. Keep in mind that the last pages are still in ?ux. I will look at this too. Becoming familiar with it now will help the review process on a later version too, I think. ?Karen Sent from my iPad Begin forwarded message: From: "Haugrud, Kevin" Date: November 21, 2017 at 5:46:03 PM CST To: Karen Hawbecker Subject: Twin Metals Karen: In case you have time, and hopefully for your sake you do not, I'm attaching my revised version of the M-Opinion. It's pretty rough, and I will continue to work on it tonight, but wanted to get your feedback on the overall structure and arguments. Right now. the main argument that is completelv missing is Steve Harris Paralegal Specialist Division of Mineral Resources Of?ce of the Solicitor US. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. DRAFT Privileged and Con?dential M- Memorandum To: Director: Bureau of Land Management From: Solicitor Subject: Reversal of M-3 703 6, ?Twin Metals Mimiesota Application to Renew Preference Right Leases and p?n Created Total Messages in abe :97 (20 conversations) Created: 08-07-2018 at 11:53 AM Conversation Contents Twin Metals Question Attachments: I11. Twin Metals Question/4.1 1989 Renewals 2.pdf I11. Twin Metals Question/4.2 2004 Renewals 2.pdf "Haugrud, Kevin" From: "Haugrud, Kevin" Sent: Tue Nov 21 2017 08:35:03 GMT-0700 (MST) To: Briana Collier Subject: Twin Metals Question Briana: In the draft opinion. "Haugrud, Kevin" From: "Haugrud, Kevin" Sent: Tue Nov 21 2017 08:39:02 GMT-0700 (MST) To: Briana Collier Subject: Re: Twin Metals Question I should have clarified my question below. Were the asterisks next to section 2(a) and 2(b) in the original leases or the standard forms. The copies of the standard forms I have don't show any asterisks. On Tue, Nov 21, 2017 at 10:35 AM, Hauqrud, Kevin wrote: Briana: In the draft opinion, original lease agreement.? 1989 lease renewal fonns, at "Collier, Briana" From: "Collier, Briana" Sent: Tue Nov 21 2017 08:40:40 GMT-0700 (MST) To: "Haugrud, Kevin" Subject: Re: Twin Metals Question Hi Jack, Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Tue, Nov 21, 2017 at 8:35 AM. Hauqrud. Kevin wrote: Briana: In the draft opinion "Collier, Briana" From: "Collier, Briana" Sent: Tue NOV 21 2017 08:54:27 GMT-0700 (MST) To: "Haugrud, Kevin" Subject: Re: Twin Metals Question Attachments: 1989 Renewals 2.pdf 2004 Renewals 2.pdf Also, FYI, IT is still working on getting me a phone line in Albuquerque, and thev made me unforvvard my DC number, so right now only have my personal cell line. It is? if you need to reach me by phone. Let me know if you have other questions I can WI . Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Office of the Solicitor 505 Marquette Ave, NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Tue, Nov 21, 2017 at 8:40 AM, Collier, Briana wrote: Hi Jack, Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave, NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208?4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Tue, Nov 21, 2017 at 8:35 AM. Hauqrud, Kevin wrote: Briana: In the draft opinion. CASE 0:16-cv-03042-SRN-LIB Document 72-2 Filed 02/21/17 Page 1 of 9 Supplemental and Amended Complaint EXHIBIT 2 CASE Document 72-2 Filed 02/21/17 Page 2 of 9 . wyf?L?w??) UNITED STATES ?rm Number A 1+ 37 DEPARTMENT OF THE INTERIOR BUREAU 0? LAND MANAGEMENT If 6 Renewal Preference Right: LEASE MNES 1352 PART I. LEASE RIGHTS GRANTED. 9.. This [3 Lease xii] Lease Renewal entered into by and between the UNITED STATES OF AMERICA, through the 62% Bureau of Land Management, hereinafter called lessor, and (Name and Address) INCQ-i?Alloys International, Inc . One New York Plaza New York, New York 10004 hereinafter called lessee, is effective (date) JUL 0 1 1989 . for a period of ten years, Sodium, Sulphur, Hardrock -- . with preferential right in the lessee to renew for successive periods of ten years under such terms and conditions as may be prescribed by the Secretary of the Interior, unless otherwise provided by law at the expiration of any period. Potassium, Phosphate, Gifsom'te - and for so long thereafter as lessee complies with the terms and conditions of this lease which are subject to at the end of each year period, unless otherwise provided by law. Sec. 1. This lease is issued pursuant and subject to the terms and provisions of the: Mineral Leasing Act of 1920. as amended, and supplemented, 41 Stat. 437. 30 u.s.c; 181-287, hereinafter referred to as the Act; Mineral Leasing Act for Acquired Lands. Act of August 7, 1947, 61 Stat. 913, 30 U.S.C. 351?359; Reorganization Plan No. 3 of 1946, 60 Stat. 1099 and 43 1201; . (Other) and to the regulations and general mining orders of the Secretary of the interior in force on the date this lease issued. Sec. 2. Lessor, in consideration of any'bonuses; rents, and royalties to be paid, and the conditions and covenants to be ob- served as herein set forth, hereby grants and leases to lessee the exclusive right and privilege to explore for, drill for, 'mine, extract,rremove, beneficiate, concentrate, or otherwise process and dispose of the copper deposits ,?ickel and associated minerals hereinafter referred to as ?leased deposits,? in, upon, or under the following described lands: see attached containing . 2, 610.07 acres, more or less, together with the right to construct such works,'buildings, plants, structures,~equipment and appliances and the right to use such on-lease rights-of-way which may be necessary and convenient in the exercise of the rightsand privileges granted,-subject to the conditions herein provided. Phosphate . In accordance with Section 11 of the Act (30 U.S.C. 213), lessee may use deposits of silica, limestone, or other rock in the processing or refining of the phosphates, phosphate rock, and associated or? related minerals mined from the leased lands or other lands upon payments of royalty as set forth on the attachment to this lease. leases only.) Form 3520?7 (December 1984) CASE Document 72-2 Filed 02/21/17 Page 3 of 9 PART II. TERMS AND CONDITIONS Sec. 1. RENTAL RATE?Lessee shall pay lessor rental annually and in advance for each acre or fraction, thereof during the continuance of the lease at the rate indicated below: Sulphur, Gilsonite 50 cents for the first lease year and each succeeding lease year; Hardrock - Lj $1 for the first lease year and $1 for each succeeding "ease year; Phosphate - 53 25 cents for the first lease year, 50 cents for the second and third lease years, and $1 for 'each and every lease year thereafter; Potassium, Sodium I: 25 cents for the first calendar year or fraction thereof, 50 cents for the second, third, fourth, and fifth calendar years respectively, and $1 for the sixth and each suc? ceeding calendar year; or Sodium, Sulphur, Asphalt, and Hardrock Renewal Leases - l. 00 for each lease year; RENTAL CREDITS The rental for any year will be credited against the first royalties as they accrue under the lease during the year for which rental was paid. Sec. 2. PRODUCTION ROYALTIES Lessee shall pay lessor a production royalty in accordance with the attached schedule. such production royalty is due the last day of the month next following the month in which the minerals are sold or removed from the leased lands. MINIMUM ANNUAL PRODUCTION AND MINIMUM ROY- ALTY - (1) Lessee shall produce it" f? annual basis a minimum amount of copp 5? n1? 9, except when production is interruptc?i b??9filte?llfh?blementm or casu? alties not attributable to the lessee. Lessor may permit suspension of operations under the lease when marketing conditions are such that the lease cannot be operated ex- cept at a loss. (2) At the request of the lessee, made prior to initiation of the lease year, the authorized officer may allow in writing the payment of a $3.00 per acre or fraction thereof minimum royalty in lieu of production for any particular lease year. Minimum royalty payments shall be credited to production royalties for that year. Sec. 3. REDUCTION AND SUSPENSION -In accordance with Section 39 of the Mineral Leasing Act, 30 U.S.C. 209, the lessor reserves the authority to waive, suspend 0r re? duce rental or minimum royalty, or to reduce royalty, and reserves the authority to assent to or order the suspension of this lease. \ec. 4. BONDS Lessee shall maintain in the proper office lease bond in the amount of 5.0 . - or in lieu'thereof, an acceptable statewide or nationwide bend. The authorized officer may require an increase in this a- mount when additional coverage is determined appropriate. ?r Sec. 5. DOCUMENTS, EVIDENCE AND INSPECTION At such times and in such form as lessor may prescribe, lessee . shall furnish detailed statements? showing the amounts and quality of all products removed and sold from thelease, the proceeds therefrom, and the amount used for production purposes or unavoidably lost. Lessee shall keep open at all reasonable times for the inspection of any duly authorized officer of lessor, the leased premises and all surface and underground improve- ments, work, machinery, ore stockpiles, equipment, and all books, accounts, maps, and records relative to operations, surveys, or investigations on or under the leased lands. Lessee shall either submit or provide lessor access to and copying of documents reasonably necessary to verify lessee compliance with terms and conditions of the lease. _While this lease remains in effect, information obtained under this section shall be closed to ins?pectiOn by the public in accordance with the Freedom of Information Act (5 U.S.C. 552). Sec. 6. DAMAGES T0 PROPERTY AND CONDUCT OF OPERATIONS - Lessee shall exercise reasonable dili- gence, skill, and care in the operation of the property, and carry on all operations in accordance with approved methods and practices as provided in the operating regulations, hav- ing due regard for the prevention of injury to life, health or property, and of waste or damage to any water or mineral deposits. Lessee shall not conduct exploration or operations, other than casual use, prior to receipt of necessary permits or approval of plans of operations by lessor. Lessee shall Carry on all operations in acc0rdance with approved methods and practices as provided in'the operating regulations, and the approved mining plans in a manner that minimizes adverse impacts to the land, air, and water, to cultural, biological, visual, minerals, and other resources, and to other land uses or users. Lessee shalltake measures deemed necessary by lessor to accomplish the intent of this lease term. Such measures may include, but are not limited to, modification to proposed siting or design of facilities, timing of operations, and specificatiou of interim and final reclamation procedures. Lessor reserves to itself the right to lease, sell, or other- wise dispose of the surface or other mineral deposits in the lands and the right to continue existing uses and to author- ize future uses upon or in the leased lands, including issu- ing leases for mineral deposits not covered hereunder or the approval of easements or rights -of-way. Lessor shall condi- tion such uses to prevent unnecessary or unreasonable inter- ference with rights of lessee as may be consistent with con- cepts of multiple use and multiple mineral development. Sec. 7. PROTECTION OF DIVERSE INTERESTS, AND EQUAL Lessee shall: pay when due all taxes legally assessed and levied under the laws of the State or the United States; accord all employees complete freedom of purchase; pay all wages at least twice each month in lawful money of the United States; maintain a_ safe working environment in accordance with standard industry practices; restrict the workday to not more than,8 hours in any one day for underground workers, except in emergencies; and take measures necessary to protect the health and safety of the public. No person under the age of 16 years shall be employed in any mine belowthe surface. To the extent that laws of the State in which the lands are CASE Document 72-2 Filed 02/21/17 Page 4 of 9 required by the authorized officer. Sec. 14. situated are more restrictive than the provisions in this paragraph, then the State laws apply. Lessee will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and the rules, regulations, and relevant orders of the Secretary of Labor. Neither lessee nor lessee's subcontractors shall maintain segregated facilities. Sec, 8. TRANSFERS - This lease may be transferred in whole or in part to any person, association or corpora- tion qualified to hold such lease interest: RELINQUISHMENT The lessee may relinquish in writing at any time all rights under this lease or any portion thereof as provided in the regulations. acceptance of the relinquishment, lessee shall be relieved of all future obligations under the lease or the relinquished portion thereof, whichever is applicable. Sec. 9. DELIVERY OF PREMISES, REMOVAL OF MA- CHINERY, EQUIPMENT, ETC. At such time as all or portions of this lease are returned to lessor, lessee shall deliver up to lessor the [and leased, underground timbering, and such other supports and structures necessary for the preserVation of the mine workings on the leased premises or deposits and place all wells in condition for suspension .or abandonment. Within 180 days thereof, leasee shall remove from-the premises all other structures, machinery, equipment tools, and materials that it elects to or ?as Any such structures, machinery, equipment, tools, and materials remaining on the leased lands beyond 180 days, or approved extension thereof, shall become the property of the lessm, but lessee shall either remove any or all such property or shall continue to be liable for the cost of removal and disposal in the amount actually incurred by the lessor. If the surface is canned by third parties, lessor shall waive the requirement. {or removal, provided the third parties do not object to such. SPECIAL STIPULATIONS - Upon lessor's - VIC-?wiwgwaiver. Lessee shall, prior to the termination of bond liability or at any other time when required and in accord- ance with all applicable laws and regulations, reclaim all lands the surface of which has been disturbed.'dispose of all debris or solid waste, repair the _offsite and onsite damage caused by lessee?s activity 0r activities on the leased lands, and reclaim access roads or trails. Sec. 10. PROCEEDINGS IN CASE OF ll lessee fails to comply with applicable laws, now existing" regula- tions, Or the terms, conditions and stipulations of this lease, and the noncompliance continues for 30 days after written notice thereof, this lease shall be subject to cancellation by the lessor only by indicial proceedings. ?This provision shall not be construed to prevent the exercise by lessor of any other legal and equitable remedy, including waiver of the default Any such remedy or waiver shall not prevent later cancellation for the same default occuring at any' other time. _Sec. 11. HEIRS AND Each obligation of this lease shall extend to and be binding upon, and every benefit hereof shall inure to, the heirs, executors, administrators, successors, or assigns of the reSpective parties hereto. Sec. 12. INDEMNIFICATION Lessee shall indemnify and hold harmless the United States from any and all claims arising out of the lessee?s activitiesa?nd operations under this lease. 13. SPECIAL STATUTES This lease is subject to the Federal Water Pollution Control Act (33 U.S.C. 1151? 1175), the Clean Air Act (42 U. S. C. 1857 et. seq. and to all other applicable laws pertaining to exploration activ- ities'. mining operations and reclamation. The terms and conditions of the production royalties remains as stated in the attached original lease agreement. The minimum annual production and minimum royalty is $10.00 per acre or a fraction thereof as stated in the attached original lease agreement. (Section 14 continued on reverse) CASE Document 72-2 Filed 02/21/17 Sec. 14. SPECIAL STIPULATIONS - (Cont.) Page 5 of 9 [Mfg We 75 ram/mama WC Company or Lessee Name 1 (Signature 0] Lessee) THE Um'rzo STATES OF AMERICA By 7/611an (Signing Ol/i car) 0' 8. gm .Deputy State Director for Mineral Resources (Title) (Tille) [1,003 (937? Mil?l, (Dale) (Dale) Title 18 U.S.C. Section 1001. makes it a crime for any person knowingly and willfully to make to any department or agency of the United States any false, fictitious or fraudulent statements ?representations as to any matter within its jurisdiction. NOTICE . The Privacy Act of 1974 and the regulations -in 43 CFR 2.480!) provides that you bc'futinshed the following information inconnec- tion with information required under the terms of this lease. AUTHORITY: 30 use. 131 et seq.; 43 CFR 3500. PRINCIPAL PURPOSE: The information will be used to~ verify your compliance with the lease terms and in calculating royalty payments. ROUTINE USES: - (1) Evaluation of the effects of theoperations on the environment. (2) Statistical reports to Congress. and (5) Information from the record and/or the record may be released or transferred to appropriate Federal, State or local - agencies in allocating mineral revenue, for investigations of energy programs; and when relevant to civil, criminal or regu- latory investigations or prosecutions, 'as well as routine regu- latory responsibility. EFFECT OF NOT INFORMATION: Disclosure of this information is mandatory only if the lessee elects to mine, extract, remove and/or dispose of the leased deposits. The Paperwork Reduction Act of 1980 (44 S. C. 3501 et seq.) requires us to inform you that: This information is being collected for use in calculating royalty payments and in verification of compliance with lease terms. "Response to this request is mandatory only if the lessee elects to mine, extract, remove and/or dispose of the leased deposits. 4N Government mum office: ins-erasures"! CASE Document 72-2 Filed 02/21/17 Page 6 of 9 -- 0 UNITED STATES 3"?1 "Mb? DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT Renewal Preference Right LEASE MNES 1353 PART I. LEASE This F3 Lease Lease Renewal entered into by and between the UNITED STATES OF AIERICA, through the Bureau of Land Management, hereinafter called lessor, and (Name and Address) INCO Alloys International, Inc. One New York Plaza New York, New York 10004 hereinafter called lessee, is effective (date) JUL 0 1 1989 for a period of ten years, Sodium, Sulphur, Hardrock - @with preferential right in the lessee to renew for successive periods of ten years under such terms and conditions as may be prescribed by the Secretary of the interior, unless otherwise provided by law at the expiration of any period. Potassium, Phosphate, Gilsonite - and for so long thereafter as lessee complies with the terms and conditions of this lease which are subject to readjustment at the end of each year period, unless otherwise provided by law. Sec. 1. This lease is issued pursuant and subject to the terms and provisions of the: Mineral Leasing Act of 1920, as amended, and supplemented, 41 Stat. 437, 30 U.S.C. 181-287, hereinafter referred to as the Act; Mineral Leasing Act for Acquired Lands, Act of August 7, 1947, 61 Stat. 913, 30 U.S.C. 351-359; Reorganization Plan No.3 of1946, 60 Stat. 1099 and 43 U.S.C. 1201; [3 (Other) and to the regulations and general mining orders of the Secretary of the Interior in force on the date this lease issued. Sec. 2. Lessor, in consideration of any'bonuses, rents, and royalties to be paid, and the conditions and covenants to be ob- served as herein set forth, hereby grants and leases to lessee the exclusive right and privilege to explore for, drill for, mine, extract, remove, beneficiate, concentrate, or otherwise process and dispose of the copper deposits nickel and associated minerals hereinafter referred to as ?leased deposits," in, upon, or under the following described lands: see attached containing 2? 254 71 acres, more or less, together with the right to construct such works, buildings, plants, structures, equipment and appliances and the right to use such on-lease rights-of-way which may be necessary and convenient in the exercise of the rights and privileges granted, subject to the conditions herein provided. Phosphate In accordance with Section 11 of the Act (30 U.S.C. 213). lessee may use deposits of silica. limestone. or other lock in the processing or refining of the phosphates, phosphate rock, and associated or? related minerals mined from the leased lands or other lands upon payments of royalty as set forth on the attachment to this lease. (Pbospbate leases only.) Form 3520?7 (December 1984) a a I CASE Document 72-2 Filed 02/21/17 Page 7 0f 9 PART II. TERMS AND CONDITIONS Sec. 1. RENTAL RATE -Lessee shall pay lessor rental annually and in advance for each acre or fraction thereof during the continuance of the lease at the rate indicated below: Sulphur, Gilsonite - 50 cents for the first lease year and each succeeding lease year; Hardroclr $1 for the first lease year and $1 for each succeeding lease year; Phosphate - 25 cents for the first lease year, 50 cents for the second and third lease years, and $1 for each and every lease year thereafter; Potassium, Sodium - l: 25 cents for the first calendar year or fraction thereof, 50 cents for the second, third, fourth, and fifth calendar years respectively, and $1 for the sixth and each suc- needing calendar year; or Sodium, Sulphur, Asphalt, and Hardrock Renewal Leases - :18 1, 00 for each lease year; RENTAL CREDITS The rental for any year will be credited against the first royalties as they accrue under the lease during the year for which rental was paid. Sec. 2. PRODUCTION Lessee shall pay lessor a production royalty in accordance with the attached schedule. Such production royalty is due the last day of the month next following the month in which the minerals are sold or removed from the leased lands. MINIMUM ANNUAL PRODUCTION AND MINIMUM ROY- ALTY (1) Lessee shall roduce 11 annual basis a minimum amount of nig?ei except when duction is interru ted basgt??lrESmfh1351 - pro ens, or casu alties not attributable to the lessee. Lessor may permit suspension of operations under the lease when marketing conditions are such that the lease cannot be operated ex- cept at a loss. (2) At the request of the lessee, made priOr to initiation of the lease year, the authOrized officer may allow in writing the payment of a $3.00 per acre or fraction thereof minimum royalty in lieu of production for any particular lease year. Minimum royalty payments shall be credited to production royalties for that year Sec. 3. REDUCTION AND SUSPENSION ?In acc0rdance with Section 39 of the Mineral Leasing Act, 30 U.S.C. 209, the lessor reserves the authority to waive, suspend or re- duce rental or minimum royalty, or to reduce royalty, and reserves the authority to assent to or order the suspension of this lease. we 4. BONDS Lessee shall maintain in the proper office a lease bond in the amount of 5.0 or in lieu thereof, an acceptable statewide or nationwide bond. The authorized officer may require an increase in this a- mount when additional coverage is determined appr0priate. Sec. 5. DOCUMENTS, EVIDENCE AND INSPECTION - At such times and in such form as lessor may prescribe, lessee A shall furnish detailed statements showing the amounts and quality of all products removed and sold from the, lease, the proceeds therefrom, and the amount used for production purposes or unavoidably lost. Lessee shall keep open at all reasonable times for the inspection of any duly authorized officer of lessor, the leased premises and all surface and underground improve- ments, work, machinery, ore stockpiles, equipment, and all books, accounts, maps, and records relative to operations, surveys, or investigations on or under the leased lands. Lessee shall either submit or provide lessor access to and copying of documents reasonably necessary to verify lessee compliance with terms and canditions of the lease. While this lease remains in effect, information obtained under this section shall be closed to inspection by the public in accordance with the Freedom of Information Act 5 U.S.C. 552). Sec. 6. DAMAGES TO PROPERTY AND CONDUCT OF OPERATIONS - Lessee shall exercise reasonable dili- gence, skill, and care in the operation of the property, and carry on all operations in accordance with approved methods and practices as provided in the operating regulations, hav- ing due regard for the prevention of injury to life, health or property, and of waste or damage to any water or mineral deposits. Lessee shall not conduct exploration or operations, other than casual use, prior to receipt of necessary permits or approval of plans of operations by lessor. Lessee shall carry on all operations in accordance with approved methods and practices as provided in the operating regulations, and the approved mining plans in a manner that minimizes adverse impacts to the land, air, and water, to cultural, biological, visual, minerals, and other resources, and to other land uses or users. Lessee shall take measures deemed necessary by lessor to accomplish the intent of this lease term. Such measures may include, but are not limited to, modification to proposed siting or design of facilities, timing of operations, and specification of interim and final reclamation procedures. Lessor reserves to itself the right to lease, sell, or other- wise dispose of the surface or other mineral deposits in the lands and the right to continue existing uses and to author- ize future uses upon or in the leased lands, including issu- ing leases for mineral deposits not covered hereunder or the approval of easements or rights of-way. Lessor shall condi- tion such uses to prevent unnecessary or unreasonable inter- ference with rights of lessee as may be consistent with con- cepts of multiple use and multiple mineral development. See. 7. PROTECTION OF DIVERSE INTERESTS, AND EQUAL OPPORTUNITY - Lessee shall: pay when due all taxes legally assessed and levied under the laws of the State or the United States; accord all employees complete freedom of purchase; pay all wages at least twice each month in lawful money of the United States; maintain a safe working environment in accordance with standard industry practices; restrict the workday to not more than_8 hours in any one day for underground workers, except in emergencies; and take measures necessary to protect the health and safety of the public. No person under the age of 16 years shall be employed in any mine below the surface. To the extent that laws of the State in which the lands are 0 situated are more restrictive than the provisions in this paragraph, then the State laws apply. Lessee will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and the rules, regulations, and relevant orders of the Secretary of Labor. Neither lessee nor lessee?s subcontractors shall maintain segregated facilities. Sec 8. TRANSFERS This lease may be transferred in whole or in part to any person, association or corpora- tion qualified to hold such lease interest. RELINQUISHMENT - The lessee may relinquish in writing at any time all rights under this lease or any portion thereof as provided in the regulations. Upon lessor?s acceptanco of the relinquishment, lessee shall be relieved of all future obligations under the lease or the relinquished portion thereof, whichever is applicable. Sec. 9. DELIVERY OF PREMISES, REMOVAL OF MA- CHINERY, EQUIPMENT, ETC. - At such time as all or portions of this lease are returned to lessor, lessee shall deliver up to lessor the land leased, underground timbering, and such other supports and structures necessary for the preservation of the mine workings on the leased premises or deposits and place all wells in condition for suspension or abandonment. Within 180 days thereof, lessee shall remove from the premises all other structures, machinery, equipment, tools, and materials that it elects to or as required by the authorized officer. Any such structures, machinery, equipment, tools, and materials remaining on the leased lands beyond 180 days, or approved extension thereof, shall become the property of the lessor, but lessee shall either remove any or all such property or shall continue to be liable for the cost of removal and disposal in the amount actually incurred by the lessor. If the surface is owned by third parties, lessor shall waive the requirement For removal, provided the third parties do not object to such Sec. 14. SPECIAL STIPULATIONS CASE Document 72-2 Filed 02/21/17 Page 8 of 9 .. m? - waiver. Lessee shall, prior to the termination of bond liability or at any other time when required and in accord- ance with all applicable laws and regulations, reclaim all lands the surface of which has been disturbed, dispose of all debris or solid waste, repair the offsite and onsite damage caused by lessee?s activity or activities on the leased lands, and reclaim access roads or trails. Sec. 10. PROCEEDINGS IN CASE OF DEFAULT ?If lessee fails to comply with applicable laws, now existing regula- tions, or the terms, conditions and stipulations of this lease. and the noncompliance continues for 30 days after written notice thereof, this lease shall be subject to cancellation by the lessor only by judicial proceedings. This provision shall not be construed to prevent the exercise by lessor of any other legal and equitable remedy, including waiver of the default. Any such remedy or waiver'shall not prevent later cancellation for the same default occuring at any other time. Sec. 11. HEIRS AND - Each obligation of this lease. shall extend to and be binding upon, and every benefit hereof shall inure to, the heirs, executors, administrators, successors, or assigns of the respective parties hereto. Sec. 12. INDEMNIFICATION - Lessee shall indemnify and hold harmless the United States from any and all claims arising out of the lessee?s activities and operations under this lease. Sec. 13. SPECIAL STATUTES - This lease is subject to the Federal Water Pollution Control Act (33 U.S.C. 1151? 1175), the Clean Air Act (42 U.S.C. 1857 et. seq.), and to all other applicable laws pertaining to exploration activ- ities, mining operations and reclamation. The terms and conditions of the production royalties remains as stated in the attached original lease agreement. The minimum annual production and minimum royalty is $10.00 per acre or a fraction thereof as stated in the attached original lease agreement. (Section 14 continued on reverse) CKSE 0:161- cv- 03042- SRN- LIB Document 72- 2 Filed 02/21/17 Page 9 of 9 Sec. 14. SPECIAL STIPULATIONS (Cont.) fit/C0 #44015 Company or Lessee Name fag/W? If (Signature 0/ Lessee) MAW 51M 3 9W (Title) ?35141 7 (Dale) THE UNITED STATES or AMERICA By (Signing O/Iicer) Deputy State Director for Mineral Resources {Title} 7.1th 2 7 19? (Date) Title 18 U.S.C. Section 1001. makes it a crime for any person knowingly and willfully to make to any department or agency of the United States any false, fictitious or fraudulent statements or representations as to any matter within its jurisdiction. NOTICE The Privacy Act of 1974 and the regulations in 43 CFR 2.48(d) provides that you be furinshed the following information inconnec- tion with information required under the terms of this lease. AUTHORITY: 30 U.S.C. 181 et seq.; 43 CFR 3500. DRINCIPAL PURPOSE: The information will be used to verify your compliance with the lease terms and in calculating royalty payments. ROUTINE USES. (1) Evaluation of the effects of the operations on the environment. (2) Statistical reports to Congress. (3X4) and (5) Information from the record and/or the record may be released or transferred to appropriate Federal, State or local agencies in allocating mineral revenue, for investigations of energy programs; and when relevant to civil, criminal or regu- latory investigations or prosecutions, as well as routine regu- . latory responsibility. EFFECT OF NOT PROVIDING INFORMATION: Disclosure of this information is mandatory only if the lessee elects to mine, extract, remove and/or dispose of the leased deposits. 'me Paperwork Reduction Act of 1980 (44 S. C. 3501 et seq.) requires us to inform you that: This information is being collected for use in calculating royalty payments and in verification of compliance with lease terms. Response to this request is mandatory only if the lessee elects to mine, extract, remove and/or dispose of the leased deposits. (3 em Mame oeu- nee-evacuees? CASE 0:16-cv-03042-SRN-LIB Document 72-3 Filed 02/21/17 Page 1 of 12 Supplemental and Amended Complaint EXHIBIT 3 CASE Document 72-3 Filed 02/21/17 Page 2 of 12 Humor MAW nurses Io mm UNITED STATES DEC 1 200 sum Number common as THE BUREAU or? LAND MANAGEMENT WW I PREFERENCE RIGHT LEASE RENEWAL 141.133 1352 PART I. LEASE RIGHTS GRANTED. This [3 Lease Lease Renewal entered into by and between the UNITED STATES OF through the Bureau of Land Management, hereinafter called lessor, and {Name and Address)- Amer?iean Copper E- Nickel Company 922 19th Street Golden Colorado S?uul JAN 1 2904 . 1 hereinafter called lessee, is effective (date) . . for a period of 0 years, Sodium, Sulphur, Hurdrocl: 12E with preferential right in the lessee to renew for successive periods of 10 years under such terms and conditions as may be prescribed by the Secretary of the Interior, unless otherwise provided by law at the expiration of any period. Potassium, Phosphate, Gilsom'le - CI and for so long thereafter as lessee complies with the terms-and conditions of this lease which are subject to readjustment at the end of each year period. unless Otherwise provided by law. See. 1. This lease is issued pursuant and subject to the terms and provisions of the: Mineral Leasing Act of 1920, as amended, and supplemented, 41 Stat. 43?, 3t} U.S.C. 181?237, hereinafter referrer! to as the Act; Mineral Leasing Act for Asquired Lands, Act of August 194?. 61 Stat. 913, 30 U.S.C. 351?359; 33 Reorganization Plan No. 3 of 1945, 60 Stat. 1099 and 43 U.S.C. 12m; (Other) rand to the regulations and general mining orders of the Secretary of the Interior in force on the date this less-e issued. Sec. 2.. Lessor. in consideration of any'bonuses, rents, and royalties to he paid, and the conditions and envenonts to be ob- served as herein set forth, hereby grants and leases to lessee the exclusive right and privilege to explore for, drill for, mine, extract, remove, beneficiate, concentrate, or otherwise process and dispose of the copper deposits nickel 6 associated minerals hereinafter referred to as "leased deposits,? in, upon. or under the toliowing described lands: SEE ATTACHED Containing 2,510 .07 acres, more or less, together with the right to construct such works, buildings, plants, structures, equipment and appliances and the right to use such err-lease rights-chive}! which may be necessary and convenient in the exercise of the rights and privileges granted,? subject to the conditions herein provided. Phosphate In accordance with Section 11 of the Act (30 U.S.C. 213), leesee may use deposits of silica, limestone. or other rock in the processing or refining of the phosphates, phosphate rock, and associated or related minerals mined from the leased lands or other lands upon payments of royalty as set forth on the-attachment to this lease. {Phosphate leases only.) E?s-rm 3313?? (December 1934} CASE Document 72-3 Filed 02/21/17 Page 3 of 12 C- In Lake County: Townthip 51 North, Range 11 West of the Fourth Principal Meri?ian: Section 3, Lot 2 sw?l/h of sud/1+ S;l/2 Section 5, Lots 1 and 2 3-1/2 of HE?l/h Lot 6 Let 7 it. ?NE-l/li of sud/1L 3-1/2 of sw?l/h of SE~l/h Section 6 Lots 13, 22, 23 and 21 Section 7, Lots ?S-ection 8, Lots 2 and 6 Section 9 All except Hal/2 of Section 16, Lots 2, 7, 9, 12,13, 14,15, 16,17, 13 19 and 20 .Section 19, Lots 2, 3, ?and 8 Towns?ip 62 North, Range 11 West of the. Fourth Principal Meridian: Section 27, SE-l/n Of Section 32, Lot Section 33, Lots 6 and 7 Section In St. Louis County: Township 61 North, Range 12 West of the Fourth Principa1 Meridian: - Section 25, Lot 2 sw-ix? of sw-l/u rd.- CASE Document 72-3 Filed 02/21/17 Page 4 of 12 PART II. TERMS AND CONDITIONS Sec- 1, RENTAL RATE ?Lessee shall pay lessor rental annually and in advance for each acre' or fraction thereof during the continuance of the lease at the rate indicated below: Sulphur, Gilsoniie Cl 50 cents for the first lease year and each succeeding lease year; Hordroclr . CI $1 for the first lease year and $1 for each succeeding 'lease year; Phosphate :1 25 cents for the first lease year, 50 cents for the second I I and third lease years, and $1 for 'each and every lease year thereafter; Potassium, Sodium l: 25 cents for the first calendar year or fraction thereof, 50 cents for the second, third, fourth, and fifth calendar years respectively, and $1 for the sixth and each suc? ceeding calendar year; or Sodium Sulphur, Asphalt, and Hordrocfr Renewal Lenses -- 3 1.00 for each lease year", RENTAL. CREDITS - The rental for any year will be credited against the first royalties as they accrue under the lease during the year for which rental was paid. Sec. 2. PRODUCTION Lessee shall pay lessor a production royalty in accordance with the attached schedule. Such produotlon royalty is due the last day of the month next following the month in which the minerals are sold or removed from the leased lands. MINIMUM ANNUAL AND MINIMUM Rov- ALTY (1) Lessee shall produce annual basis a minimum amount of copp except when production is or casu- alties not attributable to the lessee. Lessor may permit suspension of operations under the lease when marketing conditions are such that the lease cannot he operated ex- cept at a loss. At the request of the lessee, made prior to initiation of the lease year, the authorized officer may allow in Writing~ the payment of a $3.00 per acre or fraction thereof minimum royalty in lieu of production for any particular lease year. Minimum royalty payments shall be credited to production royaltiEs for that year. See. 3. REDUCTION AND SUSPENSION In accordance with Section 39 of the Mineral Leasing Act, 30 U.S.C. 209, the lessor reserves the authority to waive, suspend or re- duce rental or minimum royalty. or to reduce royalty, and reserves the authority to assent to or order the suspension of this lease. are 4 Homes - shall maintain in the proper office .- [case bond in the amount of 5 5,000+ - or in lieu thereof, an ?CCepi-"thlf! statewide or nationwide bond- The authorized officer may require an increase in this a- tount when additional coverage is determined appropriate. Sec. 5. DOCUMENTS, EVIDENCE AND INSPECTION - At such timer-3 and in such form as lessor may prescribe, lessee shall furnish detailed statements? showing the amounts and quality of all products removed and sold from the. lease, the proceeds therefrom. and_the amount used for production purposes or unavoidably lost. Lessee shall keep open at all reasonable times for the inspection of any duly authorized officer of lessor, the leased premises and all surface and underground improve- ments, work, machinery, ore stockpiles, equipment, and all books, accounts, maps, and records relative to operations, surveys, or investigations on or_ under the leased lands. Lessee shall either submit or provide lessor access to and copying of documents reasonably necessary to verify lessee compliance with terms and conditions of the lease. While this lease- remains in effect, information obtained under this section shall be closed to inspection by the public in accordance with the Freedom of Information Act (5- U.s.c. 552). - Soc. 6. DAMAGES TD PROPERTY AND CONDUCT OF OPERATIONS .. Lessee shall exercise reasonable dill- gence, skill, and care in the operation of the property. and carry on all operations in accordance- with approved methods and practices as provided in the operating regulations, hav- ing due regard for the prevention of injury to life, health . or property, and of waste or damage to any water or mineral deposits. Lessee shall not conduct exploration or operations, other than casual use, prior to receipt of necessary permits or approval of plans of operations by lessrir. Lessee shall carry on all operations in accordance with approved methods and practices as provided in?the operating regulations, and the approved mining plans in a manner that minimizes adverse impacts to the land, air, and water, to cultural, biological, visual, minerals, and other resources, and to other land uses or users. Lessee shalltalte measures deemed necessary by lessor to accomplish the intent of this lease term. Such measures may include, but are not limited to, modification to proposed siting or design of facilities, timing of operations, and specification of interim and final reclamation procedures. Lessor reserves to itself the right to lease, sell, or other- wise dispose of the surface or other mineral deposits in the lands and the right to continue existing uses and to author? future uses upon or in the leased lands, including issu- ing leases for mineral deposits not covered hereunder or the approval of easements or rights ofavay. Lessor shall condir tion such uses to prevent unnecessary or unreasonable inter- ference with rights of lessee as may be consistent with con- cepts of multiple use and multiple mineral development. Sec. T. PROTECTION OF DIVERSE INTERESTS, AND EQUAL OPPORTUNITY Lessee shall: pay when due all taxes legally assessed and levied under the laws of the State or the United States; accord all employees complete freedom of purchase; pay all wages at least twice each month in lawful money of the United States; maintain a safe working environment in accordance with standard industry practices; restrict the workday to not more thanrll hours in any one day for underground workers, except in emergencies; and take measures neuessary to protect the health and safety of the public. No person under the age of 16 years shall he mnployed in any mine below the surface. Tn'lhe extent that laws of the State in which the lands are 1' CASE Document 72-3 Filed 02/21/17 Page situated are more restrictive than the provisions in this paragraph, then the State laws apply. Lessee will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and the rules, regulations, and relevant orders of the Secretary of Labor. Neither lessee nor lessee?s subcontractors shall maintain sogregated facilities. Sec 3. TRANSFERS This lease may be transferred in whole or in part to any parson, association or corpora- tion qualified to hold such lease interest. RELINQUISHMENT The lessee mapr relinquish in writing at any time all rights under this lease or an}.I portion thereof as provided in the regulations. Upon lessar?s acceptance of the relinquishment, lessee shall be relieved of all future obligations under the lease or the relinquished portion thereof, whichever is applicable. Sec. 9. DELIVERY OF PREMISES, REMOVAL OF MA- Cl-ltNEl??t?r?, EQUIPMENT, ETC. At such time as all or portions of this lease are returned to lesser. lessee shall deliver up to lessor the land leased, underground timhering, and Such other supports and structures necessary for the preservation of the mine workings on the leased premises or deposits and place all wells in condition for suspension or abandonment. Within 180 days thereof. lessee shall remove from the premises all other structures, machinery, equipment, tools, and materials that it elects to or as required by the authorized officer. Any such structures, machinery, equipment, tools, and materials remaining on the leased lands beyond 130 days, or approved extension thereof, shall become the property of the lessor. but lessee shall either remove any or all such property or shall continue to be liable for the cost of removal and disposal in the amount actually incurred by the lessor. It the surface is by third parties, lessor shall waive the requirement . tor mmoval, provided the third parties do not object to such Sec. 14. l?h. I. v. waiver. Lessee shall, prior to the termination of honL' liability or at any other time when required and in accord- ance with all applicable laws and regulations, reclaim all lands the surface of which has been disturbed, dispose of all debris or solid waste, repair the _offsite and onsite damage caused by lessee's activity or activities on the leased lands, and reclaim access roads or trails. Sec. PROCEEDINGS 1N CASE OF DEFAULT ?If lessee fails to comply with applicable talus, now existing__regula- tions, or the tenns,conditions and stipulations of this lease, and the noncompliance continues for 30 days after written notice thereof, this lease shall be subject to cancellation by the lessor only by judicial proceedings. This provision shall not be construed to prevent the exercise by lessor of any other legal and equitable remedy, including waiver of the default. Any stich Ismedy or waiver'shall not prevent later cancellation for the same default occuring at any other time. _Sec. II. HEIRS AND SUCCESSORS-IN-INTEREET ?Each obligation of this lease.shall extend to and be binding upon, and everyr benefit hereof shall inure to, the heirs, executors, administrators. successors. or assigns of the respective parties heteto.? Sec. 12. Lessee shall indemnify and hold harmless the United States from any and all claims arising onto]? the lessee-?5 activities and operations under this lease. Seo. 13. SPECIAL STATUTES This lease is subjEct t' the Federal Water Pollution Control Act (33 usc. 1151?7 1175), the Clean Air Act (42 U.S.C. 135? et. seq.}, and to all other applicable laws pertaining to exploration activ? ities; mining operations and reclamation. The terms and conditions of the production royalties remains as stated in the attached original lease agreement. The minimum annual production and minimum royalty is $10.00 per acre or: a fraction thereof as stated in the attached original lease agreement. (Section 14 continued on reverse) CASE Document 72-3 Filed 02/21/17 Page 6 of 12 0 Sec. 14. SPECIAL STJPULATIDNS - (CI-mt.) 1 24M (mi! a! M?Cf??e (EMMY ?g Company or Name . 270qu (Signature of Lessee} UNITED STATES OF AMERICA Br QXML {Sign ing Officer) - ?gural-r Officer; (Title) (Title) 2.6. (1003, DEC 052003 fDateJ (Date) Title 13 U.S.C. IOU-I, makEE- il a Efim? [or any [IE-rag? and to make to any department or agency of United States any false, fictitious er fraudulent Hamster-is ar- IEpresentatiuns as to any matter within its jurisdiction. NOTICE 'The Privacy Act of 191?! and the regulations in 43 CFR 2.43m) provides that you be furinshed the following information in (rennet- tion with information required under the terms of this lease. .w-rwonarv: 30 use. 131 et 35cm. PURPOSE: The information will be used tor-?verify your compliance with the lease terms and in calculating royalty payments. ROUTINE USES: Evaluation of the effects or theuperetions on the environment. (2) Statistical reports to Congress. and Information From the reanrd andfm the record may he released or transferred to apprupriate Federal, State or focal agencies in allocating mineral revenue, fur investigations of energy progremS; and when relevant to civil. criminal or Hagu- latory investigations or prOSECthiOnS' as well as routine flu-gun [alory EFFECT OF- NOT PROVIDING INFORMATION: Disalusure of this is mandatory only if the lessee elects to mine, extract, remove sniffer dispose of the leased deposits. The Paperwork Reduction Act of 1930 [44 U.S.C. 3501 et seq.) requires us to inform you that: This information is being collected for use in calculating royally paymenfs. and In verification of compliance with lease tel-mg. 'Response to this request is mandatory 0:111ny the lessee elects in mine, extract, iamnve and/or dispose of the leased deposits. ?rm-s. ?our-"mull! Minn-a Dl'llu: CASE Document 72-3 Filed 02/21/17 Page 7 of 12 CASE Document 72-3 Filed 02/21/17 Page IJl?eTtl ?1 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT Bert a: Number PREFERENCE RIGHT LEASE RENEWAL HNES 1353 PART I. LEASE RIGHTS GRANTED. This Lease Lease Renewal entered into by and between Bureau of Land Management, hereinafter called lessor, and (Name and Address} the UNITED STATES oF AMERICA, through the American Crapper- E. Hicks-J. Company 922 19th Street' 'e Col'r'ado 801101 hereinafter ggl?etillesseefls effective {date}. JAN for a period of 10 years, Sodium, Sufphur, Hordrock . with preferential right in the lessee to renew for successive periods of as may be presuribed by the Secretaryr of the Interior, unless otherwise provided by law at the expiration of any period. 10 years under such terms and conditions Potassium, Phosphate, Gifsonife CI and for so long thereafter as lessee complies with the terms and conditions of this lease which are subject to readjustment at the end of each year period, unless otherwise provided by law. See. I. This lease is issued pursuant and subject to the terms and provisions of the: [3 Mineral Leasing Act of 1920, as amended and supplemented 41 Stat. 43?, 30 U. S. 181 hereinafter referred to as the Act, Mineral Leasing Act for Acquired Lands, Act of August 194?. 61 Stat. 913, 3D 11.3.13. 351?359; Reorganization Plan No. 3 of 1946, 150 Stat. 1099 and 43 U.S.C. 1201; If] (Other) the'regulations and general mining orders of the Secretary of the Interior in force on the date this lease issued. and Sec. 2. Lessor, in consideration of any?honuses, rents, and royalties to he paid, and the conditions and covenants to be oh" served as herein set forth, hereby grants and leases to lessee the exclusive right and privilege to explore for, drill for, ruins. extract, remove, heneficiate, concentrate, or otherwise process and dispose of the copper1 deposits nl?kf?l 5 associated minerals hereinafter referred to as ?leased deposits,? in, upon, or under the following described lands: SEE A TTACHE 13 containing 2, 251}, 71 acres, more or together with the right to construct such works, buildings, plants, structures, equipment and appliances and the right to use such on?lease rights?of-way which may be necessary and convenient the exercise-of the rights and privileges granted,.suhject to the Conditions herein provided. Ff. are . In accordance with Section 11 of the Act (30 U.S.C. 213), lessee may use deposits of silica, limestone, or other melt in the processing or refining of the phosphates, phosphate rock, and associated or' related minerals mined from the leased lands or otherlands upon payments of royalty.r as set forth on the attachment to this lease. (Phosphate lenses nutty.) Form 3520?? (Decernber 1934] CASE Document 72-3 Filed 02/21/17 Page Lake- County: ?fe. Towoehip 62 North, Range 10 West of the Fourth Prinejgxal $55 Mer1.dian: yet, Section 19: All Section 20, 3w;1/4 3 Section 29, N- 1/2 Section 30, 1/9 Lot 3 (NE- 1/1; of SW- 1/11) Town:3hip 62 North, Range 11_ West of the Fourth Prin.oi$n1l Meridian: . Section 2M, Lot .SE- 1/1 of sw.1/h 1/2 of 1/11 Section 25, 1/2 111?1/2 of SN 1/11 [undivided one 111111 1nte'reet ml/? of l/H seetiee.26 5-m1/2 of 1/h - 1/11 of 311? 1/11 - 1/2 of SE- one? half interest CASE Document 72-3 Filed 02/21/17 Page 10 of 12 PART II. TERMS AND CONDITIONS 1. RENTAL. RATE Lessee shall pay lessor .ental annually and in advance for each acre or fraction thereof during the continuance of the leaselat the rate indicated below: Sulphur, Gilsonite - D50 cents for the first lease year and each succeeding lease year; Hordroclc I3 $1 for the first lease year and $1 for each succeeding lease year; Phosphate El 25 cents for the first lease year, 50 cents for the second and third lease years, and $1 for 'each and every lease year thereafter; Potassium, Sodium El 25 cents for the first calendar year or fraction thereof, 50 cents for the second, third, fourth, and fifth calendar years respectively, and $1 for the sixth and each suc- ceeding calendar year; or Sodium, 5ulphur, Asphalt, and Hordroclc Renewal LeoSeS I3 3 . 00 for each lease year; RENTAL CREDFTS The rental for any year will be credited against the first royalties as they accrue under the lease during the year for which rental was paid. Rec. 2. PRODUCTION Lessree shall lessor a production royalty in accordance" with the . sol-red schedule. Such production royalty is due the last day of the month next following the month in which the minerals are sold or removed from the leased lands. MENIMUM ANNUAL AND MINIMUM ROY- ALTY - Lessee Shelli} ?pduprj-g?ein annual basis a minimum amount of . exce when production is interruptedI [in casu- alties not attributable to the lessee. Lossor may permit suspension of operations under the lease-when marketing conditions are such that the lease cannot be Operated ex- cept at a loss. (2) At the request of the lessee, made prior to initiation of the lease year, the authorized officer may allow in writing the payment of a $3.90 per acre or fraction thereof minimum royalty in lieu of production for- any particular lease year. Minimum royalty payments shall be credited to production royalties for that year. Sec. 3. REDUCTION AND SUSPENSION In acourdance with Section 39 of the Mineral Leasing Act, 30 U.S.C. 209, the lessor reserves the authority to Waive, suspend or re- duce rental or minimum royalty, Dr to reduce royalty, and reserves the authority to assent to or order the suspension of this lease. Sec. 4. BONDS Lessee shall maintain in the proper office a lease bond in the amount of 5,000 I. Dr in lieu'thereof, an acceptable statewide or nationwide bond. The authorized officer may require an increase in this 3* "when additional coverage is determined appropriate. . Sec. 5. DOCUMENTS, EVIDENCE AND INSPECTION All such times and in such form as lessor may prescribe, lessee shall furnish detailed statements showing the amounts and quality of all products removed and sold from the lease, the proceeds therefrom, and the amount usedlfor production purposes or unavoidably lost. Lessee shall keep open at all reasonable times for the inapection of any dulylauthorized officer of lessor, the leased premises and all surface and underground improve- ments, work, machinery, ore stockpiles, equipment, and all books, accounts, maps, and records relative to operations, surveys, or investigations on or under the leased lands. Lessee shall either submit or provide lessor accesa to and copying of documents reasonably necessary to verify lessee compliance with terms and conditions of the lease. While this lease remains in effect, information obtained under this section shall be closed to inspection by the public in accordance with the Freedom of Information Act [5 U.S.C. 552). Sec. 5. DAMAGES T0 PROPERTY AND CONDUCT OF OPERATIONS Lessee shall exercise reasonable dili- gence, skill, and care in the operation of the property, and carry on all operations in accordance with approved methods and practices as provided in the operating regulations, hav- ing due regard for the prevention of injury to life, health or property, and of waste or damage to any water or minteral deposits. Lessoe shall not conduct exploration or operations, other than casual use, prior to receipt of necessary permits or approval of plans of Operations by lesser. Lessee shall carry on all operations in accordance with approved methods and practices as provided in'the operating regulations, and the approved mining plans in a manner that . minimizes adverse impacts to the land, air, and water, to cultural, biological, visual, minerals, and other resources,- and to dther land uses or users. Lessee shalltake measures deemed necessary by lessor to accomplish the intent of this lease term. Such measures may include, but are not limited to, modification to proposed siting or design of facilities, timing of operations, and specification of interim and final, reclamation procedures. Lessor reserves to itself the right to lease, sell, or other- wise dispose of the surface or other mineral deposits in the lands and the right to continue existing uses and to author- ize future uses upon or in the leased lands, including issu- ing leases for mineral deposits not covered hereunder or the approval of easements 0r rights-ot-way. Lessor shall condi- tion such uses to prevent unnecessary or unreasonable inter- famous with rights of lessee as maybe consistent with con- cepts of multiple use and multiple mineral development. Sec. T. 0F DIVERSE FENC- EQUAL OPPORTUNITY Lessee shall: pay when due all taxes legally assessed and levied under the laws of the State or the United States; accord all employees cowplete freedom of purchase; pay all wanes at least twice each month in lawful money of the United States; maintain a safe working environment in accordance with standard industry practices; restrict the workday to not more than 8 hours in any one day for underground workers, except in emergencies; and take measures necessary to protect the health and safety of the public. No person under the age of 16 years shall be employed in any mine below the surface. To the extent that laws of the State in which the lands are CASE I situated are more restrictive than the provisions in this paragraph, then the State laws apply. Lessee will comply with all provisions of Executive Order No. 11246 of September 24, 1965. as amended, and the rules, regulations, and relevant orders of the Secretary of Labor. Neither lessee nor lessee?s subcontractors shall maintain segregated facilities. Sec, 8. TRANSFERS This lease may be transferred in whole or in part to any person, association or Corpora- tion qualified to hold such lease interest. RELINQUJSHMENT The lessee may relinquish in writing at any time all rights under this lease or any portion thereof as provided in the regulations. 'Upon lessor?s acceptance of the relinquishment, lessee shall be relieved of all future obligations under the lease or the relinquished portion is applicable. 33:. 9. DELIVERY OF PREMISES, REMOVAL OF CHINERY, EQUIPMENT, ETC. ?At such time as all 'or portions of this lease are returned to lessor, lessee shall deliver up to lessor the land leased, underground timbering, and such other supports and structures necessary for the preservation of the mine workings on the leased premises or deposits and place all viells in condition for suspension or abandonment. Within 130 days thereof, lessee shall remove from the premises all other structures, machinery, equipment, tools, and materials that it elects to or as required by the authorized officer. Any such structures, machinery, equipment, tools, and materials remaining on the leased lands beyond 180 days, or approved extension thereof, shall become the property of the lessor, but lessee shall tither remove any or all such property or shall continue to be. liable for the cost of removal and disposal in the amount actually incurred by the lessor. If the surface is mvned by third parties, lessor shall waive the requirernent for removal, provided the third parties do not object to such Sec. 14. SPECIAL STIPULATIONS .. Document 72-3 Filed 02/21/17 Page 11 of 12 waiver. Lessee shall, prior to the termination of bond liability or at any other time when required and in ance with all applicable laws and regulations, reclaim . lands the surface of which has been disturbed, dispose of all debris or solid waste, repair the off-site and onsite damage caused by lessee?s activity or activities on the leased lands, and, reclaim access roads or trails. SEC. 10. PROCEEDINGS IN CASE OF DEFAULT -If lessee fails to comply with applicable laws, now existing regula- tions, or the terius,conditions and stipulations of this lease, and the noncompliance continues for 30 days after written notice thereof, this lease shall be subject to cancellation by the lessor only by judicial proceedings. This provision shall not be construed to prevent the exercise by lessor of any other legal and equitable remedy, including waiver of the default. Any such remedy or waiver?shall not'prevent later cancellation for the same default occuring at any other time. sec. 11. HEIRS nun Each obligation of this leaseshall extend to and be. binding upon, and every benefit hereof shall inure to, the heirs, executors,'administrators, successors, or assigns of the respective parties hereto. Sec. 12. INDEMNIFICATION - Lessee shall indemnify and hold harmless the United States from any and all claims arising out of the lessee?s activities and operations under this lease. . Sec. 13. SPECIAL STATUTES This lease is subject t" the Federal. Water Pollution Control Act {33 U.S.C. 1152 11?5), the Clean Air Act (42 U.S.C. 1857 et. seq.), and to all other applicable laws pertaining to exploration activ- ities', mining operations and reclamation. it The terms and conditions of the production royalties remains as stated in the attached original lease agreement. in" The minimum annual production and minimum ro?alty is $10.00 per acre. or a fraction thereof as stated in the latter: ed original lease agreement. (Section 14 continued on reverse) CASE Document 72-3 Filed 02/21/17 Page 12 of 12 w\ - Sec. 14. SPECIAL - (Calm) i. 1 Amos rm gs" ?racer; Cameo/v Company or Lessee Name 2902M {Eigenva- of LerseeJ - ?aws?? (Title) 242? 2003 {Dale} THE UNITED STATES on AMERICA {Signing Of?cer) . Kathi-ma of?cer. (Title) BEC 0 52003 (Date) Title 18 U.S.C. Section 11301, makes it a Crime for any person knowingly and to make to any department or ngeney of the United States any false. fictitious or fraudulent statements of rcpreseritations as to any matter within its jurisdiction. NOTICE "The Privacy Act of 1974 and the regulations in 43 CFR 2.48M) provides that you be {urinshed the following information in connec- tion with information required under the terms of this lease. AUTHORITY: 30 131 et seq.; 43 CFR 350D. PRINCIPAL PURPOSE: The information will be used to-Yerify your compliance wilh the lease terms and in calculating royalty payments. ROUTINE USES: - Evaluation of the effects of thE'opBrEtlons on the environment. Statistical renorts to CongreSS. {33(4) and (5) Information from the record andfor the record ma].r be ?sed or transferred to appropriate FederalJ State or local ates in allocating mineral ravenue, for incestigations of L. Lg}! programs; and when r?levant to civil, criminal or regu- latory inv?stigations or prosecutions, as well as routine regu- latory responsibility. EFFECT OF NOT INFORMATION: Disclosure of this is mandatory only if the lemme elects to mine. extract, remove andfor dispose of the leased daposits. The Paperwork Reduction Act of 1930 (44 U.S.C. 3501 et seq.) requires us to inform you that: This information is being collected for use in calculating royaltyIr payments and in verification of compliance with lease terms. Response to this request is mandatory onlyif the lessee elects- to mine, extract, remove andfor dispose of the 'IeaSEd deposits. no.3. omn. Created Total Messages in abe :97 (20 conversations) Created: 08-07-2018 at 11:53 AM Conversation Contents M-Op draft Attachments: /12. M-Op draft/1.1 2017.11.17 draft M-Op reversal rework_clean.docx /12. M-Op draft/1.2 2017.11.17 draft M-Op reversal rework.docx "Collier, Briana" From: Sent: To: Subject: Attachments: "Collier, Briana" Fri Nov 17 2017 19:50:42 GMT-0700 (MST) Briana Collier M-Op draft 2017.11.17 draft M-Op reversal rework_clean.docx 2017.11.17 draft M-Op reversal rework.docx Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. M- Memorandum To: Director. Bureau of Land Management From: Solicitor Subject: Reversal of M-37036. "Twin Metals Minnesota Application to Renew Preference Right Leases (WES-01352 and Commented [cew1]:? commented mar? Commented 1 Commented [305]: 4 Commented [cawslz U1 \1 10 Commented [csws]: 13 5 4' Commented 00 Commented [cew1olz 19 M- Memorandum To: Director. Bureau of Land Management From: Solicitor Subject: Reversal of M-37036. "Twin Metals Minnesota Application to Renew Preference Right Leases (WES-01352 and Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Commented See below. commented rem:? Fonnatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman commented mar? Commented Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Commented [305]: Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman A tenu. which would be in line with its regulations and not unfair or recedent-settme Commented Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman U1 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman \1 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: Italic Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: Italic Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman 10 commented Icem? Fonnatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Commented [caws] Formatted: JUS i?ed, Indent: Le?i Right: 0.5" Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman 1 Formatted: Font: Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Commented Commented Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Commented Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman 19 Commented Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Commented [c3w13]: Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Created Total Messages in abe :97 (20 conversations) Created: 08-07-2018 at 11:55 AM Conversation Contents Twin Metals leases Attachments: /13. Twin Metals leases/1.1 MNES-01352 1966 Lease.pdf /13. Twin Metals leases/1.2 MNES_01353 1966 Lease.pdf /13. Twin Metals leases/1.3 1989 TMM Lease Renewals.pdf /13. Twin Metals leases/1.4 2004 TMM Lease Renewals.pdf "Collier, Briana" From: Sent: To: Subject: Attachments: "Collier, Briana" Tue Nov 07 2017 13:40:37 GMT-0700 (MST) Gary Lawkowski Twin Metals leases MNES-01352 1966 Lease.pdf MNES_01353 1966 Lease.pdf 1989 TMM Lease Renewals.pdf 2004 TMM Lease Renewals.pdf Hi Gary, Here are the leases. Please let me know if you would like copies of the historical documents or the regulations cited in the opinion. Thanks, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Lawkowski, Gary" From: Sent: To: Subject: "Lawkowski, Gary" Tue Nov 07 2017 13:42:42 GMT-0700 (MST) "Collier, Briana" Re: Twin Metals leases Thanks! On Tue, Nov 7, 2017 at 3:40 PM, Collier, Briana wrote: Hi Gary, Here are the leases. Please let me know if you would like copies of the historical documents or the regulations cited in the opinion. Thanks, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. -Gary Lawkowski Counselor to the Solicitor Department of the Interior Gary.Lawkowski@sol.doi.gov 202-208-7340 i - I - EASTERN 511133 {j'l 6:5523 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT MINERAL LEASE This lease entered into on the J?t day of'June,l966 between the United States of America, as Lessor, through the Bureau of Land Management, and The International Nickel Company, Inc., a Delaware corporation with offices at 67 Wall Street, New York, New York, as Lessee, pursuant to the authority set out in, and subject to, Section 402 of the President's Reor- ganization Plan No. 3 of 1946, 60 Stat. 1099, and the Act of June 30, 1950, 64 Stat. 311, and to all regulations of the Secretary of the Interior now in force when not inconsistent With any of the provisions herein. WITNESSETH: Sec. 1. Rights of Lessee. In consideration of the rents and royalties to?be paid and conditions and covenants to be observed as herein set forth the Lessor grants to the Lessee, subject to all privileges and uses heretofore duly authorized and prior valid claims, the exclusive right to mine, remove, and dispose of all the copper and/or nickel minerals and associated minerals and, with the exception of oil, gas, oil shale, coal, phosphate, potassium, sodium, or sulphur, any other minerals in, upon, or under the following described lands in the United States, in the State of Minnesota: In Lake County: Township 61 North, Range 11 West of the Fourth Principal Meridian: Section 3, Lot 2 sw-1/4 of sw?1/4 3-1/2 of Section 5, Lots 1 and 2 5-1/2 of 6 Lot 7 of sw-1/4 - 3-1/2 of sw-1/4 - N-l/2 of ,Section 6, Lots 13, 22, 23 and 24 .Section 7, Lots lSection 8, Lots 2 and 6 Section 9 All except of Section 18, Lots .Section 19, Lots Township 62 North, Range 11 West of the Fourth Principal Merldian: . . _Section 27, of Section 32, Lot 4 Section 33, Lots 6 and 7 Section 34, In St. Louis County: Township 61 North, Range 12 West of the Fourth Principal Meridian: Section 25, Lot 2 sw?l/u of A o?containing'8156918? acres,more or less, together with the right gas/0.07 . .155; Abra/Story . to construct and maintain thereon such structures and other facili- ties as may be necessary or convenient for the mining, preparation, and removal of said minerals, for a period of twenty (20) years with a right in the Lessee to renew the same for successive Eeriods of ten 10) years each in accordance with regulation 3 CFR 3221.h f) and the provisions of this lease. Authorized Agency Representative. The United States agency having administrative control over the surface use of the land is the Department of Agriculture and its authorized agency representative, hereinafter called the "Authorized Officer," to whom inquiries should be addressed is the Supervisor, Superior National Forest at Duluth, Minnesota. Sec. 2. In consideration of the foregoing, the Lessee agrees: Rentals. To pay to the Lessor annually in advance, beginning with the date of this lease, rental of one dollar for each acre or fraction thereof for each lease year until production commences, the rental payment for the year in which production commences to be credited on royalties that accrue 'during that lease year. RoyaltE. To pay the Lessor within 30 days after the end of each per 0 prescribed in subsection e) of this sec- tion a royalty at the rate of h% during the irst ten years of the primary term and (ii) at the rate of 4-1/2% during the second 10 years of the primary term, of the gross value of the minerals mined hereunder which are shipped to the concentrating mill during each such period. Said value for the purposes of this Agreement shall be taken to be one-third of the market prices of a quantity of fully-refined copper and of a quantity of fully- refined nickel equal to the respective quantities of unrefined copper and unrefined nickel contained in said minerals so shipped to the concentrating mill. Minimum royalty. Beginning after the tenth year of the lease, except with reSpect to any periods during which operations are interrupted by strikes, the elements or casual- ties not attributable to the Lessee, to mine each year from the area covered by the lease a quantity of the leased minerals such that the royalties payable for said year under subsections and hereof will during the primary term of the lease be at least equal to $5 per annum per acre included in the leased premises at the beginning of such year, and during each renewal period of the lease be at least equal to $10 per annum per acre included in the leased premises at the beginning of such year; or in lieu thereof to pay the Lessor as royalty within 30 days . after the end of such year that amount which, when added to the royalties, if any, payable for said year under subsections and hereof, will equal the minimum royalty for that year herein provided. Lessor may in its discretion, waive, reduce, or suspend the minimum royalty payment for reasonable periods of time in the interest of conservation or when such action does not adversely affect the interest of the United States of America in accordance with the regulation 43 CFR 3222.6?2. Additional royalty. (1) In order to provide a royalty in respect of any associated products (as hereinafter defined), to pay the Lessor within 30 days after the end of each period prescribed in subsection of this section an addi- tional royalty of 0.3% of the gross value of the minerals mined under this lease (determined on the basis of their copper and nickel content as provided in subsection (b of this sec-_ tion) which are shipped to the concentrating mi 1 during such -3- period. During the first ten years of the lease such addi- tional royalty shall not be payable if the Lessee demonstrates that no associated products are being recovered from the minerals mined under this lease, but beginning after the tenth year of the lease, such additional royalty shall be payable rwhether or not associated products are recovered from the minerals mined under this lease. The Lessee will also pay the Lessor within 90 days after the end of each lease year a further additional royalty of 1% of the amount, if any, by which the gross value of associated products exceeds 20% of the aggregate market price as fully- refined metals of the quantity of copper and nickel contained in the minerals mined under this lease which are shipped to the concentrating mill during such lease year. At the request of either party following any lease year for which said 1% royalty has been payable and the gross value of associated products ex- ceeds 30% of the said aggregate market price, representatives of the Lessor and the Lessee shall meet at a mutually agreeable time to consider and decide whether additional royalty for as? sociated products shall continue to be payable as provided in this subsection or shall (in lieu thereof) be payable on such basis as may be negotiated. In connection with such meet? ing the Lessee will make a reasonable investigation to ascertain insofar as practicable the volume of associated products which . appear to be currently recovered from the minerals mined under this lease,_and will provide the Lessor with the results of this investigation. (3) For purposes of this agreement, the term ?associated products?' shall mean fully-refined chemical elements (other than copper and nickel) not further processed and (ii) and products containing such elements produced by the Lessee (prior to full refining) for their value as such (other than products valuable chiefly by reason of their copper and/or nickel con- tent), which are, in either case, recovered by the Lessee from minerals mined under this lease and sold or used by the Lessee during the lease year for which additional royalty, if any, is due; and the gross value of such products shall be taken to be the aggregate of the market prices of the respective quantities of associated products so sold or used by the Lessee. Statement. To furnish for each month or such longer period as may 5e prescribed by the Regional Mining Supervisor cf the Geological Survey, statements in detail in such form as may be prescribed by him, of the amount and value under subsection of this section 0f the minerals mined here- under which are shipped to the concentrating mill during such period, for use in determining royalties, such statements to be furnished within 30 days from the close of such period. Falsi- fication of such sta ements shall be grounds for cancellation of the lease. Market prices. For the purposes of this section the "market price of fully-refined copper? per pound shall be the average of the average prices per pound for Domestic Refinery Electrolytic Copper in carload lots, f.o.b. Atlantic Seaboard refineries, published in E. M. J. Metal and Mineral Markets for the period for which the royalty is being computed, and the ?market price offully-refined nickel" per pound shall be the average of the average prices per pOund for nickel electrolytic nickel cathodes) in carload lots, f.o.b. Port Colborne, Ontario, Canada, United States import duty (if any) included, published in E. M. J. Metal and Mineral Markets for the period for which royalty is being computed; and the respectiVe ?market prices of associated products? per unit shall be the average of the average prices per unit for such respective products in their usual and customary shipping quantities, f. o. b. their usual and customary place of disposal, published in E. M. J. Metal and Mineral Markets for the period for which additional royalty, if any, is being computed. 8g) Bond. To furnish and maintain a bond in the sum of 10,0'3 00? conditioned upon compliance with the terms and conditions of this lease, and to increase the amount thereof ore furnish such other bond as may be required. Inspection. To permit at all reasonable times: (1) inspection any authorized officer of the leased premises and all surface and underground improvements, works, machinery, equipment, and all books and records pertaining to operations and surveys or investigations under this lease; and (2) the Lessor to make copies of and extracts from any or all books and records pertaining to operations under this lease. (1) Maps-?Reports. To furnish, in duplicate, to the Regional Mining Supervisor, at such times as he may require, a plat in the manner and form prescribed by him showing prospect? ing and development work and improvements on the leased land and other related information, with a report as to all buildings, structures, and other works or equipment, situated elsewhere and owned or operated in conjunction with, or as a part of the operations conducted hereunder. To comply with all regulations of the Secretary of the Interior and the Secretary of Agriculture applicable to the leased premises which are under his Jurisdiction; and to conduct operations in an orderly manner and in accordance with regulations in 30 CFR, Part 225033'and the applicable Federal x, and State laws; and to exercise reasonable diligence, skill, Cf?t? and care in the operation of the property; and to carry on all 22 operations in accordance with approved methods and practices, ?9 having due regard for the prevention of damage to mineral de- 4{ posits, water horizons and property, injury to life and health, Ag and ecOnomic waste. 5 gaxes. To pay when due all taxes lawfully assessed and levied under the laws of the State or the United States upon improvements, output of mines, and other rights, property, and assets of the Lessee. Deliver Premises. To deliver up to the Least? in good order and condition and subject to the provisions of Section 9 hereof on the termination of this lease as a result of forfeiture thereof the lands covered thereby, including all underground timbering and such other supports and structures as are necessary for the preservation of the mine. Assi nment. Not to assign this lease, or any interest therein, whether by direct assignment, operating agreement, working or royalty interest, or otherwise,_nor sub- let any portion of the leased premises, except with the approval in writing of the Lessor. All such assignments or subleases must be submitted in tri licate within 90 days from the date of execution and must contain all of the terms and conditions agreed upon by the parties thereto. Not to create overriding royalgies in excess of those authorized by regulation 43 CFR 322 An assignment of all or part of the record title to a portion of the acreage in the lease shall separate the lease into separate leaseholds and the terms hereof shall apply separately to the segregated portions. Advance annual rental payments, if previously terminated, shall be resumed as to an undeveloped segregated portion on the next anniversary date of the lease; the minimum royalty payment herein specified shall apply separately to the segregated portions and the time allowed within which to commence operations on an undeveloped segregated portion shall be such reasonable period as shall be prescribed by the Lessor at the time the assignment is approved. Nondiscrimination Clauses. In connection with the performance of work under this contract, the Lessee agrees as follows: - (1) (The Lessee will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Lessee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the authorized contracting officer setting forth the provisions of this nondiscrimination clause. (2) The Lessee will, in all solicitations or advertise? ments for employees placed by or on behalf of the Lessee state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The Lessee will send to each labor union or representative of workers with which he has a collective bargaining-agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the said labor union or workers' representative of the Lessee?s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Lessee will comply with all provisions of Executive Order No. 10925 of March 6, 1961, as amended, and of the rules, regulations, and relevant orders of the President's Committee on Equal Employment Opportunity created thereby. (5) The Lessee will furnish all information and reports . required by Executive Order No. 10925 of March 6, 1961, as amended, and by the rules, regulations, and orders of the said Committee, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Committee for purposes of investigation to ascertain compli- ance with such rules, regulations, and orders. (6) In the event of the Lessee's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Lessee may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 10925 of March 6, 1961, as amended, and such other sanc- tions may be impoSed and remedies invoked as provided in the said Executive Order or by rule, regulation, or order of the President's Committee on Equal Employment Opportunity, or as otherwise provided by law. ,The Lessee will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the President's Committee on Equal Employment Opportunity issued pursuant to section 303 of Executive Order No. 10925 of March 6, 1961, as amended, so that such provisions will be binding upon each sub- contractor or vendor. The Lessee will take such action with respect to any subcontract or purchase order as the contract? ing agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Lessee becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Lessee may re- quest the United States to enter into such litigation to pro- tect the interests of the United States. (0) Pa ents. Rentals under this lease shall be paid to the Manager of the.proper Land Office, except that when this lease becomes productive the rentals an royalties shall be paid to the Regional Mining Supervisor of the United States Geological Survey, with whom all reports con? cerning operations under the lease shall be filed. All remit? tances to.the Bureau of Land Management shall be made payable to the Bureau of Land Management, those to the Geological Survey shall be made payable to the United States Geological Survey. Sec. 3. Lessee further agrees; Protection of Property. To conduct all operations hereunder with due regard for good land management, not to cut or destroy timber without previous permission from the Authorized Officer and to pay for such timber at rates prescribed by him; to avoid damage to improvements, timber, crops, or other cover; unless otherwise authorized by the Authorized Officer, not drill any well, carry on operations, make excavations, construct tunnels, drill, or otherwise disturb the surface of the lands within 200 feet of any building thereon and whenever required in writing by the Authorized Officer, and upon any partial or total relinquish- ment, cancellation or termination of this lease as to that portion of the land to which his rights have terminated, to-? fence or fill all sump holes, ditches and other excavatiOns, remove or cover all debris, and so far as reasonably possible, reseed or otherwise restore the surface of the lands to their former condition, or to a productive or other condition satisfactory to the Authorized Officer, including the removal of structures as and if required, and when required by such Officer to bury all pipelines below plow depth. Fire precautions. To do all in his power to prevent and suppress fires on the land and vicinity, and to require his employees, contractors, and subcontractors to do likewise. ?Unless prevented by circumstances over which he has no control, to place his employees, contractors, and sub- contractors at the disposal of the Authorized Officer for the purpose of fighting fires on or originating on the land or on adjacent areas or caused by the negligence of the Lessee or his employees, contractors, and subcontractors, with the understanding that payment for such services shall be made at rates to be determined by such Authorized Officer but not less than the current rates of pay prevailing in the vicinity for services of a similar character: Provided, that if the -7- Lessee, his employees, contractors, or subcontractors, or employees of any of them, caused or could have prevented the origin or spread of said fire or fires, no payment shall be made for services so rendered. During periods of Serious fire danger, as may be specified by the Authorized Officer, the Lessee shall prohibit smoking and the building of camp and lunch fires by his employees, contractors, and subcontractors, within the leased area except at established camps,and shall enforce this prohibition by all means within his power:' Provided, that the Authorized Officer may designate safe places where, after all inflammable material has been-cleared away, campfires may be built for the purpose of heating lunches and where, at the option of the Lessee, smoking may be permitted. The Lessee will not burn rubbish, trash, or other inflammable materials exce with the consent of the Authorized Officer. The Lessee shall build or construct such fire lines or do such clearing on the land as the Authorized Officer decides is essential for forest, brush, and grass fire prevention which is or may be necessitated by the exercise of the privileges authorized by this lease, and shall maintain such fire tools at his headquarters or at the appropriate location on the land as are deemed necessary by such Officer. (0) Approval of Construction. Not to clear or use the land for;development or for construction purposes of any kind until a plan of construction and deVelopment therefor has been approved by the Authorized Officer and that in the location, design, construction and maintenance of all authorized works, camps, buildings, plants, waterways, roads, telegraph or tele- phone lines, pipelines, reservoirs, tanks, pumping stations, or other structures or clearance, Lessee shall do all things reasonably necessary to prevent or reduce scarring and erosion of the land, pollution of the water resources and any damage to the watershed. Damage to Property. To pay the Lessor or its tenant, as the case may be, for any and all damage to or destruction of property caused by the Lessee's operations here- under; to save and hold the Lessor or the surface owner or their tenants harmless from all damage or claims for damage to persons or property resulting from the Lessee's operations under this lease; and where the surface of the leased land is owned by other than the Lessor, to pay such owner, or his tenant, as the case may be, for damage or injury to livestock, crops,. trees, pipelines, buildings, and other improvements of the leased lands. That where construction, operation, or maintenance of any of the facilities on or connected with this lease causes damage to the watershed or pollution of the water resources, to repair such damage and to take such corrective measures as are required by the Authorized Officer, including the reseeding or other restoration of the vegetative cover. Protection of Livestock; Access to Leased Lands. To install and maintain cattle guards to prevent the passage of livestock in any openings made in fences by the Lessee or his contractors to provide access to the lands covered by this lease for automotive and other equipment. . Authorized Officer. All inquiries relating to this section should be addressed to the Authorized Officer named in Section this lease. Sec. 4. Lessee-?Agent. Prior to the beginning of opera? tions the Lessee shall appoint and maintain at all times during the term of this lease a local agent upon whom may be served written orders or notices respecting matters contained in this lease, and shall inform the Authorized Officer and the Regional Mining Supervisor of the Geological Survey, in writing, of the name and address of such agent. If a substitute agent is ap? pointed, the Lessee shall immediately so inform the said Officers. Sec. Renewal Terms. The Lessor shall have the right to reasonably readjust and fix royalties payable hereunder at the end of the primary term of this lease and thereafter at the end of each successive renewal thereof unless otherwise pro- vided by law at the time of the expiration of any such period, and to readjust other terms and conditions of the lease, in- cluding the revision of or imposition of stipulations for the protection of the surface of the land as may be required by the agency having Jurisdiction thereover; provided, however, that the Lessee shall have the right to three successive ten- year renewals of this lease with any readjustment in the royal- 'ties payable hereunder limited to that hereinafter provided and with no readjustment of any of the other terms and conditions of .this lease unless at the end of the primary term of this lease the Lessee shall not have begun production, either hereunder or under the cOmpanion lease granted to the Lessee this day. The Secretary of the Interior may grant extensions of time for commencement of production in the interest of conservation or upon a satisfactory showing by the Lessee that the lease can- not be successfully operated at a profit or for other reasons, and the Lessee shall be entitled to renewal as herein provided without readjustment except of royalties payable hereunder if at the end of the primary or renewal period such an extension shall be in effect, but the Lessee shall not be entitled to subsequent Such renewals unless it shall have begun production within the extended time. If the Lessee shall be entitled to renewal without readjustment except of royalties payable here? under, the Secretary of the Interior may in his discretion in? crease the royalty rate prescribed in subsection of Section 2 up to, but not exceeding (1) 5% during the first ten-year renewal period, (ii) 6% during the second ten-year renewal period, and 7% during the third ten?year renewal period. The extent of readjustment of royalty, if any, to be made under this section shall be determined prior to the commence- ment of the'renewal period. Sec. 6. The Lessor expressly reserves: Rights Reserved. The right to permit for joint or several use easements or rights-of-way, including easements in tunnels upon, through, or in the land leased, occupied, or used as may be necessary or appropriate to the working of the same or other lands, and the preparation and shipment of the products thereof by or under authority Of the Government, its Lessees or Permittees, and for other public purposes. Waiver of Conditions. The right to waive any breach of the covenants and conditions contained herein, but any such waiver shall extend only to the particular breach so waived and shall not limit the rights of the Lessor with re- spect to any future breach; nor shall the waiver of a particular cause of forfeiture prevent cancellation of this lease for any other cause, or for the same cause occurring at another time. Sec. 7. It is mutually agreed: Mining Methods. That this lease does not author- ize the mining or removal of the mineral deposits by stripping, rim cutting, or open pit methods without the prior written -9- approval of the Authorized Officer and on such conditions as he may prescribe. Reduction or Smelting of Ores. That the reduc- tion or smelting ofrores on the leased land'is expressly pro? hibited in the absence of an agreement between the Lessee and the Authorized Officer authorizing such use of the surface of the land and providing for the necessary protection of life and property. Such agreement shall contain all of the terms and conditions under which the reduction or smelting of ores may be carried on and any violation of that agreement shall be con- sidered a violation of the terms of this lease for the purpose of Section 10. Uses and Disposition of Surface. That the leased land shall be subJect at all times to any other lawful uses or sale by the United States, its Lessees, Permittees, Licensees, and Assigns; provided that such uses or sale shall not prevent, obstruct, or unduly interfere with any privilege granted under this lease; Provided, that the Lessee shall recognize existing uses and commitments in the form of grazing, timber cutting, and special use permits, water developments, ditch, road, trail, pipeline, telephone and telegraph lines, fence, rights-of-way, and other similar improvements, and to conduct his operations so as to interfere as little as possible with the rights and privileges granted by these permits or with other existing uses. id) Granting Leases for Other Minerals. That the granting of this lease will not preclude the issuance of other leases of the same land for the purpose of mining and extract~ ing oil, gas, oil shale, coal, phosphate, potassium, sodium, and sulphur. Sec. 8. Relinquishment of Lease. The Lessee may surrender this lease or any one or more legal subdivisions included in the leased premises. If the lands are not described by legal subdivision, a partial relinquishment must describe definitely the lands surrendered and give the exact area thereof. A relinquishment must be filed in tri licate in the proper Land Office. Upon its acceptance, it wi?l Be effective as of the date it is filed, subject to the continued obligation of ther Lessee and his surety to make payment of all accrued rentals.and royalties,?and to provide for the preservation of any mines or productive works or permanent improvements on the lands in accordance with the regulations and terms of the lease, and for the faithful compliance of all the terms of the lease. Sec. 9. Removal of Equipment, etc., on Termination of Lease. On termination of this lease, by surrender, forfeiture, or otherWise, the Lessee shall have the privilege at any time within a period of one year thereafter of removing from the premises all machinery, equipment, tools, and materials, other than underground timbering placed by the Lessee in or on the leased lands, which are not necessary for the preservation of the mine. Any materials, tools, applicances, machinery, struc- tures, and equipment, subject to removal as above provided, which are allowed to remain on the leased land shall become the property of the Lessor on expiration of the one?year period or such extension thereof as may be granted by the Lessor, but the Lessee shall remove any or all of such property when so directed by the Lessor. -10- Sec. 0. Proceedings in Case of Default. If the Lessee does not comply with the applicable regulations made a part hereof or the terms of this lease and such default continues for a period of 30 days, or such longer period as the Lessor determines may be reasonably required to correct the default, after service of written notice thereof by the Lessor, the Lessor may insti- tute appropriate proceedings in a court of competent jurisdiction for the forfeiture and cancellation of this lease or seek such other administrative, legal or equitable remedies as may be ap- propriate. Furthermore, if the Lessee fails to take prompt and necessary steps to prevent loss or damage to the mine, property, or premises, or danger to the employees, the Lessor may enter on the premises and take such measures as may be deemed necessary to prevent such loss or damage, or to correct the dangerous or unsafe condition of the mine or works thereof, which shall be at the expense of the Lessee, but the Lessee shall not be held re- sponsible for delays Or casualties occasioned by causes beyond the Lessee's control. Sec. ll. Heirs and Successors-in-Interest. Each obliga- tion hereunder shall extend to and be binding upon, and every benefit hereof shall inure to, the heirs, executors, administra- .tors, successors, or assigns of the respective parties hereto. Sec. 12. Unlawful Interest. It is also further agreed that no Member of, or Delegate to, Congress, or Resident Commissioner, after his election or appointment, or either before or after he has qualified and during his continuance in office, and that no officer, agent, or employee of the De artment of the Interior, except as provided in #3 CFR shall be admitted to any are or part in this lease or derive any benefit that may arise therefrom; and the provisions of Section 3741 of the Revised Statutes of the United States, as amended (41 U.S.C., Sec. 22), and sections 431, 432, and #33, Title 18 U.S.C., relating to con- tracts, enter into and form a part of this lease so far as the same may be applicable. Sec. 13. Special Stipulations. In conformity with the principles of the Ship?s stead-Newton?Nolan Act of July 10, 1930 (16 U.S.C. 577), no oc- cupancy or use of the surface within 400 feet of the shoreline of any lake or stream is authorized without the written approval of the AuthoriZed Officer. Any and all operations authorized by this lease shall be done in accordance with a plan which must be submitted in triplicate and approved in writing by the Authorized Officarbe? fore such operations are begun. The operating plan will contain all such provisions as the Authorized Officer may reasonably determine are needed to maintain prOper administration of the lands and surface resources. Where appropriate, depending upon the location and type of operation, the Authorized Officer may require the plan to contain provisions concerning the following matters: 1. The location and extent of areas to be occupied during opera- ions. 2 The methods to be used in the operations. 2. The size and type of equipment to be used in the operations. . The capacity, character, standards of construction and size of all structures and facilities to be built.. 5. The location and size of areas upon which vegetation will be destroyed or soil will be laid bare. -11- 6. The steps which will be taken to prevent and control soil erosion. 7. The steps which will be taken to prevent water pollution. 8. The character, amount, and time of use of explosives or fire, including safety precautions which will be taken during their use. 9. The program proposed for rehabilitation and revegetation of disturbed lands. If later operations require departure from or additions to the approved plan, revisions or amendments will be submitted in tripli- cate, with statements of the reasons for changes or additions, to the Authorized Officer for approval. Any and all operations con? ducted in advance of approval of an original, revised, or amended operating plan, or which are not in accord with an approved plan, constitute violations of the terms of this lease. If minerals from the leased premises be shipped outside the United States for treatment, Lessee shall, upon the call of the Lessor, and provided that there be no imposition of tariff, cause to be returned for sale or for use in the operations of the Lessee or of its affiliates in the United States quantities of copper equal to the quantities recovered from the minerals so shipped during the time of the call. The copper so returned shall be priced on no different basis than would then_be appli- cable under circumstances prevailing had it been produced entirely within the United States and sold by-a domestic producer, so that the prices will be competitive with those of domestic producers. Within 12 months after approval by the Authorized Officer Lessee will carry out a program in respect of this lease and the companion lease issued this day of drilling to ascertain the facts which will be essential to instituting production, and also will ship to the pilot plants of its parent company in Ontario, Canada, not less than 1,000 tons of ore to seek appropri? ate extractive metallurgical procedures therefor. The anticipated cost of the drilling program, to cover from 10,000 to 20,000 feet of drilling at an average cost of $10 per foot is $200,000. ?Ihe estimated cost of preparing, transporting and treating the ore sample is $125,000 to $200,000; in addition revisions in and additions to the pilot plants in connection therewith are estimated to cost about $250,000. Sec. l4._ Royalty Adjustment. If the Lessee shall have sunk a shaft for underground exploration or development or shall have otherwise commenced commercial development of the premises leased under this_lease (or the companion lease issued to Lessee this day) within five years after the Regional Mining Supervisor shall have determined that the Federal and State governments have granted all necessary rights and authorizations for the construction, operation and maintenance of the leased premises, the rate of royalty payable under Section 2(b) with respect to the second ten -years of the primary lease term shall be 4% in lieu of 4-1/2% as provided therein and the rates of royalty set forth in Section 5 shall not exceed (1) 4?1/2% during the first ten-year renewal -12- period, (ii) 5-1/2% during the second ten-year renewal period, and 6% during the third ten-year renewal period. SIGNATURE OF THE UNITED STATES OF AMERICA THE INTERNATIONAL NICKEL ti COMPANY, INC. By 626~e-~ ?1 (Signing officer) Land Office Manager . Eastern (Title) JUN 1_4 1966? (Date) If this leaSe is executed by a corporation, it must bear the corporate seal. EQUAL OPPORTUNITY The andiscrimination Clause, regarding "Equal Opportunity," in the attached mineral permit or lease, is amended by deleting references to the President's Committee on Equal Employment Opportunity, Executive Order No. 10925 of March 6, 1961, as amended, and section 303 of Executive Order No. 10925 of March 6, 1961, as amended; and substituting therefor the Secretary of Labor, Executive Order No. 112h6 of September 2M, 1965, and section 20h of Executive Order No. 112h6 of September 2M, 1965, respectively. In accordance with regulations of the Secretary of Labor, the rules, regulations, orders, instructions, designations, and other directives referred to in section h03(b) of Executive Order No. 112h6, remain in effect and, where applicable, shall be observed in the performance of this contract until revoked or superseded by appropriate authority. EASEEN smums *4 01353 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT MINERAL LEASE This lease entered into on the lab day of June,l966, between the United States of America, as Lessor, through the Bureau of Land Management, and The International Nickel Company, Inc., a Delaware corporation with offices at 67 Wall Street, New York, New York, as Lessee, pursuant to the authority set out in, and subject to, Section 402 of the President's Reor- ganization Plan No. 3 of l9h6, 60 Stat. 1099, and the Act of June-30, 1950, 64 Stat. 311, and to all regulations of the Secretary of the Interior now in force when not inconsistent with any of the provisions herein. WITNESSETH: Sec. 1. Rights of Lessee. In consideration of the rents and royalties to be paid and conditions and covenants to be observed as herein set forth the Lessor grants to the Lessee, subject to all privileges and uses heretofore duly authorized and prior valid claims, the exclusive right to mine, remove, and dispose of all the copper and/or nickel minerals and associated minerals and, with the exception of oil, gas, oil shale, coal, phosphate, potassium, sodium, or sulphur, any other minerals in, upon, or under the following described lands in the United States, in the State of Minnesota: In Lake County: Township 62 North, Range 10 West of the Fourth Principal Meridian: . Section 19, All Section 20, . Section 29, N-l/2 Section 30, N-l/2 Lot 3 of SW-l/u) - Township 62 North, Range 11 West of the Fourth Principal Meridian: Section 24, Lot 7 SE?l/h of 3-1/2 of SE-l/u Section 25, N-l/2 W-l/2 of [undivided one-half interest] NE-l/h of Section 26, 3-1/2 of NE-l/u NE?l/h of sw-l/n E~l/2 of SE-l/u [undivided one?half interest] containingn27326SAQ acres, more or less, together with the right 4,33%w 9:7. 7/ 7? (SEE - . '3 -2- to construCt and maintain thereon such structures and other facili? ties as may be necessary or convenient for the mining, preparation, and removal of said minerals, for a period of twenty (20) years with a right in the Lessee to renew the same for successive Eeriods of ten -10) years each in accordance with regulation 3 CFR 3221.4 f) and the provisions of this lease. Authorized Agency Representative. The United States agency having administrative control over the surface use of the land is the Department of Agriculture and its authorized agency representative, hereinafter called the "Authorized Officer," to whom inquiries should be addressed is the Supervisor, Superior National Forest at Duluth, Minnesota. Sec. 2. In consideration of the foregoing, the Lessee agrees: Rentals. To pay to the Lessor annually in advance, beginning with the date of this lease, rental of one dollar for each acre or fraction thereof for each lease year until production commences, the rental payment for the year in which production commences to be credited on royalties that accrue during that lease year. Ro alt . To pay the Lessor within 30 days after the end of each periog prescribed in subsection e)_of this sec? tion a royalty at the rate of 4% during the irst ten years of the primary term and (ii) at the rate of 4?1/2% during the second 10 years of the primary term, of the gross value of the minerals mined hereunder which are shipped to the concentrating mill during each such period. Said value for the purposes of this Agreement shall be taken to be one-third of the market prices of a quantity of fully-refined copper and of a quantity of fully? refined nickel equal to the respective quantities of unrefined copper and unrefined nickel contained in said minerals so shipped to the concentrating mill. Minimum royalty. Beginning after the tenth year of the lease, except with respect to any periods during which operations are interrupted by strikes, the elements or casual- ties not attributable to the Lessee, to mine each year from the area covered by the lease a quantity of the leased minerals such that the royalties payable for said year under subsections and hereof will during the primary term of the lease be at least equal to $5 per annum per acre included in the leased premises at the beginning of such year, and during each renewal period of the lease be at least equal to $10 per annum per acre included in the leased premises at the beginning of such year; -or in lieu thereof to pay the Lessor as royalty within 30 days after the end of such year that amount which, when added to the royalties, if any, payable for said year under subsections and hereof, will equal the minimum royalty for that year herein provided. Lessor may in its discretion, waive, reduce, or suspend the minimum royalty payment for reasonable periods of time in the interest of conservation or when such action does not adversely affect the interest of the United States of America in accordance with the regulation 43 CFR 3222.6-2. Additional royalty. (1) In order to provide a royalty in respect of any associated products (as hereinafter defined), to pay the Lessor within 30 days after the end of each period prescribed in subsection of this section an addi- tional royalty of 0.3% of the gross value of the minerals mined under this lease (determined on the basis of their copper and nickel content as provided in subsection of this sec-, tion) which are shipped to the concentrating mill during such f3 \4 . .KJ -3- . period. During the first ten years of the lease such addi- tional royalty shall not be payable if the Lessee demonstrates that no associated products are being recovered from the minerals mined under this lease, but beginning after the tenth year of the lease, such additional royalty shall be payable whether or not associated products are recovered from the minerals mined under this lease. (2) The Lessee will also pay the Lessor within 90 days after the end of each lease year a further additional royalty of 1% of the amount, if any, by which the gross value of associated products exceeds 20% of the aggregate market price as fully? refined metals of the quantity of copper and nickel contained in the minerals mined under this lease which are shipped to the concentrating mill during such lease year. At the request of either party following any lease, year for which said 1% royalty has been payable and the gross value of associated products ex- ceeds 30% of the said aggregate market price, representatives of the Lessor and the Lessee shall meet at a mutually agreeable time to consider and decide whether additional royalty for as? sociated products shall continue to be payable as provided in this subsection or shall (in lieu thereof) be payable on such basis as may be negotiated. In connection with such meet? ing the Lessee will make a reasonable investigation to ascertain insofar as practicable the volume of associated products which appear to be currently recovered from the minerals mined under this lease, and will provide the Lessor with the results of this investigation. (3) For purposes of this agreement, the term ?associated products? shall mean fully-refined chemical elements (other than copper and nickel) not further processed and (ii) end products containing such elements produced by the Lessee (prior to full refining) for their value as such (other than products valuable chiefly by reason of their copper and/or nickel con- tent), which are, in either case, recovered by the Lessee from minerals mined under this lease and sold or used by the Lessee during the lease year for which additional royalty, if any, is due; and the gross value of such products shall be taken to be the aggregate of the market prices of the respective quantities of associated products so sold or used by the Lessee. Statement. To furnish for each month or such longer period as may 5e prescribed by the Regional Mining . Supervisor of the Geological Survey, statements in detail in such form as may be prescribed by him, of the amount and value under subsection of this section of the minerals mined here? under which are shipped to the concentrating mill during such period, for use in determining royalties, such statements to be furnished within 30 days from the close of such period. Falsi? fication of such statements shall be grounds for cancellation of the lease. Market prices. For the purposes of this section the "market price of fully-refined copper" per pound shall be the average of the average prices per pOund for Domestic Refinery Electrolytic Copper in carload lots, f.o.b. Atlantic Seaboard refineries, published in E. M. J. Metal and Mineral Markets for the period for which the royalty is being computed, and the "market price offully-refined nickel? per pound shall be the average of the average prices per.pound for nickel electrolytic nickel cathodes) in carload lots, f.o.b. Port Colborne, Ontario, Canada, United States import duty (if any) included, published in E. M. J. Metal and Mineral Markets for the period for which royalty is being computed; and the respective "market prices of associated products" per unit -4- shall be the average of the average prices per unit for such respective products in their usual and customary shipping quantities, f.o.b. their usual and customary place of disposal, published in E. M. J. Metal and Mineral Markets for the period for which additional royalty, if any, is being computed. 8g) Bond. To furnish and maintain a bond in the sum of 10,00 .00 . conditioned upon compliance with the terms and conditions of this lease, and to increase the amount thereof or furnish such other bond as may be required. . Inspection. To permit at all reasonable times: (1) inspection any authorized officer of the leased premises and all surface and underground improvements, works, machinery, equipment, and all books and records pertaining to operations and surveys or investigations under this lease; and (2) the Lessor to make copies of and extracts from any or all books and records pertaining to operations under this lease. Maps--Reports. To furnish, in duplicate, to the Regional Mining Supervisor, at such times as he may require, a plat in the manner and form prescribed by him showing prospect~ ing and development work and improvements on the leased land and other related information, with a report as to all buildings, rstructures, and other works or equipment, situated elsewhere and owned or operated in conjunction with, or as a part of the operations conducted hereunder. (J) To comply with all regulations of-the Secretary of the Interior and the Secretary of Agriculture applicable to the leased premises which are under his Jurisdiction; and to conduct operations in an orderly regulations in 30 CFR, Part ease?ehna the applicable Federal and State laws; and to exercise reasonable diligence, skill, and care in the operation of the property; and to carry on all?uf operations in accordance with approved methods and practices, having due regard for the prevention of damage to mineral de- (314) posits, water horizons and property, injury to life and health, 1- and economic waste. TaXes. To pay when due all taxes lawfully assessed and levied under the laws of the State or the United States upon improvements, output of mines, and other rights, property, and assets of the Lessee. (1) Deliver Premises. To deliver up to the Lessor in good order and condition and subject to the provisions of Section 9 hereof on the termination of this lease as a result of forfeiture thereof the lands covered thereby, including all underground timbering and such other supports and structures as are necessary for the preservation of the mine. Assi nment. Not to assign this lease, or any interest therein, whe her by direct assignment, operating agreement, working or royalty interest, or otherwise, nor sub- let any portion of the leaSed premises, except with the approval in writing of the Lessor. All such assignments or subleases must be submitted in triplicate within 90 days from the date of execution and must con a all of the terms and conditions agreed upon by the parties thereto. Not to create overriding royalgies in excess of those authorized by regulation 43 CFR 322 .1. An assignment of all or part of the record title to a portion of the-acreage in the lease shall separate the lease into separate leaseholds and the terms hereof shall apply otherwise provided by law. (7) The Lessee will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the President's Committee on Equal Employment Opportunity-issued pursuant to section 303 of Executive Order No. 10925 of March 6, 1961, as amended, so that such provisions will be binding upon each sub- contractor or vendor. The Lessee will take such action with respect to any subcontract or purchase order as the contract- ing agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Lessee becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Lessee may re? quest the United States to enter into such litigation to pro- tect the interests of the United States. (0) Payments. Rentals under this lease shall be paid to the Manager 0 the proper Land Office, except that when this lease becomes productive the rentals an royalties shall be paid to the Regional Mining Supervisor of the United States Geological Survey, with whom all reports con? cerning operations under the lease shall be filed. All remit- tances to the Bureau of Land Management shall be made payable to the Bureau of Land Management, those to the Geological Survey shall be made payable to the United States Geological Survey. Sec. 3. Lessee further agrees: Protection of Property. To conduct all operations hereunder with due regard?for good land management, not to cut or destroy timber without previous permission_from the Authorized Officer and to pay for such timber at rates prescribed by him; to avoid damage to improvements, timber, crops, or other cover; unless otherwise authorized by the Authorized Officer, not drill any well, carry on operations, make excavations, construct tunnels, drill, or otherwise disturb the surface of the lands within 200 feet of any building thereon and whenever required in writing by the Authorized Officer, and upon any partial or total relinquish- ment, cancellation or termination of this lease as to that portion of the land to which his rights have terminated, to fence or fill all sump holes, ditches and other excavations, remove or cover all debris, and so far as reasonably possible, reseed or otherwise restore the surface of the lands to their former condition, or to a productive or other condition satisfactory to the Authorized Officer, including the removal of structures as and if required, and when required by such Officer to bury all pipelines below plow depth. Fire precautions. To do all in his power to prevent and suppress?Tires on the land and vicinity; and to require his employees, contractors, and subcontractors to do likewise. Unless prevented by circumstances over which he has no control, to place his employees, contractors, and sub- contractors at the disposal of the Authorized Officer for the purpose of fighting fires on or originating on the land or on adjacent areas or caused by the negligence of the Lessee or his employees, contractors, and subcontractors, with the understanding that payment for such services shall be made at rates to be determined by such Authorized Officer but not less than the current rates of pay prevailing in the vicinity for services of a similar character: Provided, that if the -5- separately to the segregated portions. Advance annual rental payments, if previously terminated, shall be resumed as to an undeveloped segregated portion on the next anniversary date of the lease; the minimum royalty payment herein specified shall apply separately to the segregated portions and the time allowed within which to commence operations on an undeveloped segregated portion shall be such reasonable period as shall be prescribed by the Lessor at the time the assignment is approved. Nondiscrimination Clauses. In connection with the performance of work under this contract, the Lessee agrees as follows: . The Lessee will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Lessee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the authorized contracting officer setting forth the provisions of this nondiscrimination clause. (2) The Lessee will, in all solicitations or advertise- ments for employees placed by or on behalf of the Lessee state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The Lessee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the said labor union or workers? representative of the Lessee's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Lessee will comply with all provisions of Executive Order No. 10925 of March 6, 1961, as amended, and of the rules, regulations, and relevant orders of the President's Committee on Equal Employment Opportunity created thereby. (5) The Lessee will furnish all information and reports required by Executive Order No. 10925 of March 6, 1961, as amended, and by the rules, regulations,-and orders of the said Committee, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Committee for purposes of investigation to ascertain compli? ance with such rules, regulations, and orders. (6) In the event of the Lessee's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Lessee may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 10925 of March 6, 1961, as amended, and such other sanc- tions may be imposed and remedies invoked as provided in the said Executive Order or by rule, regulation, or order of the President's Committee on Equal Employment Opportunity, or as Vw . -7- Lessee, his employees, contractors, or subcontractors, or employees of any of them, caused or could have prevented the origin or spread of said fire or fires, no payment shall be made for services so rendered. During periods of serious fire danger, as may be specified by the Authorized Officer, the Lessee shall prohibit smoking and the building of camp and lunch fires by his employees, contractors, and subcontractors, within the leased area except at established camps,and shall enforce this prohibition by all means within his power: Provided, that the Authorized Officer may designate safe places where, after all inflammable material has been cleared away, campfires may be built for the purpose of heating lunches and where, at the option of the Lessee, smoking may be permitted. The Lessee will not burn rubbish, trash, or other inflammable materials except with the consent of the Authorized Officer. The Lessee shall build or construct such fire lines or do such clearing on the land as the Authorized Officer decides is essential for forest, brush, and grass fire prevention which is or may be necessitated by the exercise of the privileges authorized by this lease, and shall maintain such fire tools at his headquarters or at the appropriate location on the land as are deemed necessary by such Officer. Approval of Construction. Not to clear or use the land for development or for construction purposes of any kind until a plan of construction and development therefor has been approved by the Authorized Officer and that in the location, design, construction and maintenance of all authorized works, camps, buildings, plants, waterways, roads, telegraph or tele- phone lines, pipelines, reservoirs, tanks, pumping stations, or other structures or clearance, Lessee shall do all things reasonably necessary to prevent or reduce scarring and erosion of the land, pollution of the water resources and any damage to the watershed. Damage to Property. To pay the Lessor or its tenant, as the case may be, for any and all damage to or destruction of property caused by the Lessee's operations here- under; to save and hold the Lessor or the surface owner or their tenants harmless from all damage or claims for damage to persons or property resulting from the Lessee's operations under this lease; and where the surface of the leased land is owned by other than the Lessor, to pay such owner, or his tenant, as the case may be, for damage or injury to livestock, crops, trees, pipelines, buildings, and other improvements of the - leased lands. That where construction, operation, or maintenance of any of the facilities on or connected with this lease causes damage to the watershed or pollution of the water resources, to repair such damage and to take such corrective measures as are required by the Authorized Officer, including the reseeding or other restoration of the vegetative cover. Protection of Livestock; Access to Leased Lands. -To install and maintain cattle guards to prevent the passage of livestock in any openings made in fences by the Lessee or his contractors to provide access to the lands covered by this lease for automotive and other equipment. Authorized Officer. All inquiries relating to this section should be addressed to the Authorized Officer ,named in Section l(b) of this lease. Sec. Lessee-?Agent. Prior to the beginning of opera- tions the Lessee shall appoint and maintain at all times during the term of this lease a local agent upon whom may be served ?written orders or notices respecting matters contained in this lease, and shall inform the Authorized Officer and the Regional -8- Mining Supervisor of the Geological Survey, in writing, of the name and address of such agent. If a substitute agent is ap? pointed, the Lessee shall immediately so inform the said Officers. Sec. 5. Renewal Terms. The Lessor shall have the right to reasonably readjust and fix royalties payable hereunder at the end of the primary term of this lease and thereafter at the end of each successive renewal thereof unless otherwise pro? vided by law at the time of the expiration of any such period, and to readjust other terms and conditions of the lease, in- cluding the revision of or imposition of stipulations for the protection of the surface of the land as may be required by the agency having Jurisdiction thereover; provided, however, that the Lessee shall have the right to three successive ten- year renewals of this lease with any readjustment in the royal- ties payable hereunder limited to that hereinafter provided and with no readjustment of any of the other terms and conditions of this lease unless at the end of the primary term of this lease the Lessee shall not have begun production, either hereunder or under the companion lease granted to the Lessee this day. The Secretary of the Interior may grant extensions of time for commencement of production in the interest of conservation or upon a satisfactory showing by the Lessee that the lease can? not be successfully operated at a profit or for other reasons, and the Lessee shall be entitled to renewal as herein provided without readjustment except of royalties payable hereunder if at the end of the primary or renewal period such an extension shall be in effect, but the Lessee shall not be entitled to subsequent such renewals unless it shall have begun production within the extended time. If the Lessee shall be entitled to renewal without readjustment except of royalties payable here- under, the Secretary of the Interior may in his discretion in? crease the royalty rate prescribed in subsection of Section 2 up to, but not exceeding (1) 5% during the first ten-year renewal period, (ii) 6% during the second ten-year renewal period, and 7% during the third ten?year renewal period. The extent of readjustment of royalty, if any, to be made under this section shall be determined prior to the commence- ment of the renewal period. Sec. 6. The Lessor expressly reserves: Rights Reserved. The right to permit for joint or several use easements or rights-of-way, including easements in tunnels upon, through, or in the land leased, occupied, or used as may be necessary or appropriate to the working of the same or other lands, and the preparation and shipment of the products thereof by or under authority Of the'Government, its Lessees or Permittees, and for other public purposesr Waiver of Conditions. The right to waive any breach of the covenants and conditions contained herein, but any such waiver shall extend only to the particular breach so waived and shall not limit the rights of the Lessor with re- spect to any future breach; nor shall the waiver of a particular cause of forfeiture prevent cancellation of this lease for any other cause, or for the same cause occurring at another time. Sec. 7. Hit is mutually agreed: . Mining Methods. That this lease does not author- . ize the mining or removal of the mineral deposits by stripping, rim cutting, or open pit methods without the prior written approval of the Authorized Officer and on such conditions as he may prescribe. Reduction or Smelting of Ores. That the reduc- tion or smelting of ores on the leased land is expressly pro- hibited in the absence of an agreement between the Lessee and the Authorized Officer authorizing such use of the surface of the land and providing for the necessary protection of life and property. Such agreement shall contain all of the terms and conditions under which the reduction or smelting of ores may be carried on and any violation of that agreement shall be con~ sidered a violation of the terms of this lease for the purpose of Section 10. Uses and Disposition of Surface. That the leased land shall be subject at all times to any other lawful uses or sale by the United States, its Lessees, Permittees, Licensees, and Assigns; provided that such uses or sale shall not prevent, obstruct, or unduly interfere with any privilege granted under this lease; Provided, that the Lessee shall recognize existing uses and commitments in the form of grazing, timber cutting, and special use permits, water developments, ditch, road, trail, pipeline, telephone and telegraph lines, fence, rights-of-way, and other similar improvements, and to conduct his operations so as to interfere as little as possible with the rights and privileges granted by these permits or with other existing uses. Granting Leases for Other Minerals. That the granting of this lease will not preclude the issuance of other leases of the same land for the purpose of mining and extract- ing oil, gas, oil shale, coal, phosphate, potassium, sodium, and sulphur. Sec. 8. Relinquishment of Lease. The Lessee may surrender this lease or any one or more legal subdivisions included in the leased premises. If the lands are not described by legal subdivision, a partial relinquishment must describe definitely the lands surrendered and give the exact area thereof. A relinquishment must be filed in tri licatg in the proper Land Office. Upon its acceptance, it wi?l Be effective as of the date it is filed, subject to the continued obligation of the Lessee and his surety to make payment of all accrued rentals and royalties, and to provide for the preservation of any mines or productive works or permanent improvements on the lands in accordance with the regulations and terms of the lease, and for the faithful compliance of all the terms of the lease. Sec. 9. Removal of Equipment, etc., on Termination of Lease. On termination of this lease, by surrender, forfeiture, or otherwise, the Lessee shall have the privilege at any time within a period of one year thereafter of removing from the premises all machinery, equipment, tools, and materials, other than underground timbering placed by the Lessee in or on the leased lands, which are not necessary for the preservation of the mine. ?Any materials, tools, applicances, machinery, struc? tures, and equipment, subject to removal as above provided, which are allowed to remain on the leased land shall become the property of the Lessor on expiration of the one-year period or such extension thereof as may be granted by the Lessor, but the Lessee shall remove any or all of such property when so directed by the Lessor. . . :-10- Sec. 10. Proceedings in Case of Default. If the Lessee does not comply with the applicable regulations made a part hereof or the terms of this lease and such default continues for a period of 30 days, or such longer period as the Lessor determines may be reasonably required to correct the default, after service of written notice thereof by the Lessor, the Lessor may insti~ tute appropriate proceedings in a court of competent jurisdiction for the forfeiture and cancellation of this lease or seek such other administrative, legal or equitable remedies as may be ap- propriate. Furthermore, if the Lessee fails to take prompt and necessary steps to prevent loss or damage to the mine, property, or premises, or danger to the employees, the Lessor may enter on the premises and take such measures as may be deemed necessary to prevent such loss or damage, or to correct the dangerous or unsafe condition of the mine or works thereof, which shall be at the expense of the Lessee, but the Lessee shall not be held re- sponsible for delays or casualties occasioned by causes beyond the Lessee's control. Sec. ll. Heirs and Successors-in-Interest. Each obliga~ tion hereunder Shall extend to and be binding upon, and every benefit hereof shall inure to, the heirs, executors, administra- '_tors, successors, or assigns of the respective parties hereto. Sec. 12. Unlawful Interest. It is also further agreed that no Member of, or Delegate to, Congress, or Resident Commissioner, after his election or appointment, or either before or after he has qualified and during his continuance in office, and that no officer, agent, or employee of the Department of the Interior, except as provided in 43 CFR shall be admitted to any are or part in this lease or derive any benefit that may arise therefrom; and the provisions of Section 37?l of the Revised Statutes of the United States, as amended (Al U.S.C., Sec. 22), and sections #31, #32, and 433, Title 18 U.S.C., relating to con? tracts, enter into and form a part of this lease so far as the same may be applicable. Sec. 13. Special Stipulations. In conformity with the principles of the Ship; stead-Newton-Nolan Act of July 10, 1930 (16 U.S.C. 577), no oc- cupancy or use of the surface within #00 feet of the shoreline of any lake or stream is authorized without the written approval of the Authorized Officer. Any and all operations authorized by this lease shall be done in accordance with a plan which must be submitted in triplicate and approved in writing by the Authorized Officarbe? fore such operations are begun. The operating plan will contain all such provisions as the Authorized Officer may reasonably determine are needed to maintain proper administration of the lands and surface resources. Where appropriate, depending upon the location and type of operation, the Authorized Officer may require the plan to contain provisions concerning the following matters: 1. The location and extent of areas to be occupied during opera- - tions. 2. The methods to be used in the operations. a. The size and type of equipment to be used in the operations. . The capacity, character, standards of construction and size of all structures and facilities to be built.. 5 The location and size of areas upon which vegetation will be destrOyed or soil will be laid bare. 3? i r- -11- 6. The steps which will be taken to prevent and control soil erosion. . The steps which will be taken to prevent water pollution. The character, amount, and time of use of explosives or fire, including safety precautions which will be taken during their use. 9. The program proposed for rehabilitation and revegetation of disturbed lands. 03"] If later operations require departure from or additions to the approved plan, revisions or amendments will be submitted in tripli~ cate, with statements of the reasons for changes or additions, to the Authorized Officer for approval. Any and all operations con? ducted in advance of approval of an original, revised, or amended operating plan, or which are not in accord with an approved plan, constitute violations of the terms of this lease. If minerals from the leased premises be shipped outside the United States for treatment, Lessee shall, upon the call of the Lessor, and provided that there be no imposition of tariff, cause to be returned for sale or for use in the operations ~of the Lessee or of its affiliates in the United States quantities of copper equal to the quantities recovered from the minerals so shipped during the time of the call. The copper so returned shall be priced on no different basis than would then be appli- cable under circumstances prevailing had it been produced entirely within the United States and sold by a domestic producer, so that the prices will be competitive with those of domestic producers. Within 12 months after approval by the Authorized Officer Lessee will carry out a program in respect of this lease and the companion lease issued this day of drilling to ascertain the facts which will be essential to instituting production, and also will ship to the pilot plants of its parent company in Ontario, Canada, not less than 1,000 tons of ore to seek appropri- ate extractive metallurgical procedures therefor. The anticipated cost of the drilling program, to cover from 10,000 to 20,000 feet of drilling at an average cost of $10 per foot is $200,000. J'he estimated cost of preparing, transporting and treating the ore sample is $125,000 to $200,000; in addition revisions in and additions to the pilot plants in connection therewith are estimated to cost about $250,000. Sec. Royalty Adjustment. If the Lessee shall have a shaft for underground exploration or development or shall have otherwise commenced commercial development of the premises leased under this lease (or the companion lease issued to Lessee this - day) within five years after the Regional Mining Supervisor shall -have determined that the Federal and State governments have granted . all necessary rights and authorizations for the construction, operation and maintenance of the leased premises, the rate of royalty payable under Section 2(b) with respect to the second ten ?years of the primary lease term shall be 4% in lieu of u-1/2% as provided therein and the rates of royalty set forth in Section 5 shall not_exceed h-l/2% during the first ten?year renewal . \l i i" .E -12- period, (11) 5-1/2% during the second ten-year renewal period, and 6% during the third ten-year renewal period. SIGNATURE OF THE UNITED STATES OF AMERICA INTERNATIONAL NICKEL E: . COMPANY, INC. By Maw?u 4 (Signing Officer) Land Office Manager th?nn / From: Sent: To: CC: Subject: "Haugrud, Kevin" Mon Nov 06 2017 09:06:31 GMT-0700 (MST) Briana Collier Karen Hawbecker , Richard McNeer Standard Lease Form in 1966 Briana: In one of the comments in the draft m-opinion, you mention that you have standard form 3220-1 (Dec. 1966). I would like to see it if you have an electronic copy. "Collier, Briana" From: Sent: To: CC: Subject: Attachments: "Collier, Briana" Mon Nov 06 2017 09:23:15 GMT-0700 (MST) "Haugrud, Kevin" Karen Hawbecker , Richard McNeer Re: Standard Lease Form in 1966 Doe Run lease on Form 3220-1 (Dec 1966).pdf Hi Jack, BLM Eastern States Office provided the below Doe Run lead lease as an example of a lease on the standard form 3220-1 (Dec. 1966), contemporaneous to the original Twin Metals leases, for the development of non-coal or oil shale solid minerals on acquired lands. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 6, 2017 at 9:06 AM, Haugrud, Kevin wrote: Briana: In one of the comments in the draft m-opinion, you mention that you have standard form 3220-1 (Dec. 1966). I would like to see it if you have an electronic copy. "Haugrud, Kevin" From: "Haugrud, Kevin" Sent: Mon Nov 06 2017 09:37:21 GMT-0700 (MST) To: "Collier, Briana" CC: Karen Hawbecker Richard McNeer Subject: Re: Standard Lease Form in 1966 Thanks much. On Mon, Nov 6, 2017 at 11:23 AM, Collier, Briana wrote: Hi Jack, BLM Eastern States Of?ce provided the below Doe Run lead lease as an example of a lease on the standard form 3220-1 (Dec. 1966), contemporaneous to the original Twin Metals leases, for the development of non-coal or oil shale solid minerals on acquired lands. Briana Collier Attomey-Adviser, Division of Mineral Resources US Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 6, 2017 at 9:06 AM, Haugrud, Kevin wrote: Briana: In one of the comments in the draft m-opinion, you mention that you have standard form 3220-1 (Dec. 1966). I would like to see it if you have an electronic copy. "Collier, Briana" From: "Collier, Briana" Sent: Mon Nov 06 2017 09:51 :30 GMT-0700 (MST) To: "Haugrud, Kevin" CC: Karen Hawbecker Richard McNeer Subject: Re: Standard Lease Form in 1966 can I you e. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Office of the Solicitor 505 Marquette Ave, NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 6, 2017 at 9:37 AM. Hauqrud, Kevin wrote: Thanks much. On Mon, Nov 6, 2017 at 11:23 AM, Collier, Briana wrote: Hi Jack, BLM Eastern States Of?ce provided the below Doe Run lead lease as an example of a lease on the standard form 3220-1 (Dec. 1966), contemporaneous to the original Twin Metals leases, for the development of non-coal or oil shale solid minerals on acquired lands. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave.. NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208?4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 6, 2017 at 9:06 AM, Haugrud, Kevin wrote: Briana: In one of the comments in the draft m-opinion, you mention that you have standard form 3220-1 (Dec. 1966). I would like to see it if you have an electronic copy. "Haugrud, Kevin" From: "Haugrud, Kevin" Sent: Mon Nov 06 2017 10:12:00 GMT-0700 (MST) To: "Collier, Briana" Karen Hawbecker Richard CC. . . McNeer Subject: Re: Standard Lease Form in 1966 On Mon. Nov 6. 2017 at 11:51 AM. Collier. Briana wrote: like. can I Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave.. NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged. con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 6, 2017 at 9:37 AM, Hauqrud, Kevin wrote: Thanks much. On Mon, Nov 6, 2017 at 11:23 AM, Collier, Briana wrote: Hi Jack, BLM Eastern States Of?ce provided the below Doe Run lead lease as an example of a lease on the standard form 3220-1 (Dec. 1966), contemporaneous to the original Twin Metals leases, for the development of non-coal or oil shale solid minerals on acqu?edlands. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Office of the Solicitor 505 Marquette Ave.. NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 6, 2017 at 9:06 AM, Haugrud, Kevin wrote: Briana: In one of the comments in the draft m-opinion, you mention that you have standard form 3220-1 (Dec. 1966). I would like to see it if you have an electronic copy. Form 3220?1 (December 1966) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RENEWAL - This lease entered into on February 1, 1969 ACQUIRED LANDS MINERAL LEASE FORM APPROVED BUDGET BUREAU NO. Land Office Serial Number BLM-A-O41128 State Missouri between the United States of America, as lessor, through the Bureau of Land Management, and St. Joseph Lead Company 250 Park Avenue . New York, New York 10017 as lessee, pursuant to the authority set out in, and subject to, the regulations 43 CFR 3220?3227, and to all regulations of the Secretary of the Interior now or hereafter in force when not inconsistent with any provisions herein. - WITNESSETHZ Sec. 1. Rights 0/ lessee. In consideration of the rents and royalties to be paid and conditions and covenants to be observed as herein set forth the lessor grants to the lessee, Subject to all privileges and uses heretofore duly au- thorized and prior valid claims, the exclusive right to mine, remove, and dispose of all the galena sphalerite and associated minerals and any other minerals except oil, gas, oil shale, coal, phosphate, potassium, sodium, or sulphur in, upon, or under the following-described acquired lands in the United States; Mime All of east of Crawford County Line; SEEM T. 35 N., R. 2 W.,15th P. M., Missouri, Sec. 13: 560. 23: Sec. 24: Sec. 25: Sec. 26: containing 592 .00 acres, more or less, together with the right to construct and maintain thereon such structures and other facilities as may be necessary for the mining, preparation, and removal of said minerals for a period of 10 years with a right in the lessee to renew the same for successive periods of like duration in accordance with regulation 43 CFR Authorized Agency Representative. The United States agency having administrative control over the surface use of the land is the Forest Service, Department of Agriculture and its authorized agency representative to whom inquiries should be addressed is Forest Supervisor, U. Forest Serivce of Rolla, Missouri 65401. Sec. 2. agrees: Operation and production. To carry on opera- tions under this lease with reasonable diligence and to begin Operations within - months and to continue production thereafter unless operations are interrupted by strikes, the elements, or casualties not attributable to the lessee. The lessor may grant reasonable exten- sions of time for the cemmencement of production and may authorize suspensions of operations and production in accordance with regulation 43 CFR 3222.6?2 for reasonable periods of time in the interest of conserva- tion or when the lease cannot be successfully operated at a profit, or for other reasons when such action does not adversely affect the interest of the United States. Royalty. To pay the lessor within 30 days after the end of each period prescribed in subsection of this section a royalty of percent of the gross value of the minerals mined hereunder at the point of shipment to market, such point of shipment to be the mine or preparation plant, as the case may be. The lessee agrees that the Secretary of the Interior, for the purpose of determining the royalties due hereunder, may establish reasonable minimum values for the minerals mined, due consideration being given to the highest price paid for a part or a majority of the production of minerals of like quality produced from the same general area, the price rece'ved by the lessee, posted prices, and other relevant matters. A royalty rate will be established for each mineral or group of minerals following discovery and prior to mining. Rentals. To pay to the lessor annually in ad- vancecj beginning with the date of this lease, rental of for each acre, or fraction thereof, See attached royalty stipulation mp?n.ro. In consideration of the foregoing, the lessee ml, ol?) for each lease year until production commences, the rental payment for the year in which production com- mences to be credited on royalties that accrue during that lease year. Minimum royalty. If there is no production or if royalties under subsection of this section total less than $592 .00 in any lease year, to pay the lessor a sum equal to the difference between such royalties and 592.00 such minimum royalty obligation to become effective the first lease year commencing after production begins, and to be pay- able within 30 days following the end of the lease year for which due. Lessor may, in its discretion, suspend the minimum royalty requirement when production is in- terrupted or suspended as provided in subsection in accordance with regulation 43 CFR 3222.6-2. Bond. To furnish and maintain a bond in the sum of 5000 _00 conditioned upon compliance with the terms and conditions of this lease, and to in- crease the amount thereof or furnish such other bond as may be required. (0 Statement. To furnish for each month or such other period as may be designated by the Regional Mining Supervisor of the Geological Survey state- ments in detail, in such form as may be prescribed by him, of the amount and value of output from the leasehold during such period for use in determining royalties, such statements to be furnished within 30 days from the close of the month or period so designated. Falsification of such statements shall be grounds for cancellation of the lease. Inspection. To permit at all reasonable times: (1) inspection by any authorized officer of the leased premises and all surface and underground improvements, 94/7/10- 62? works, machinery, equipment, and all books and records pertaining to operations and surveys or investigations under this lease; and (2) the lessor to make copies of and extracts from any or all books and records per- taining to operations under this lease. Maps??Reports. To furnish, in duplicate, to the Regional Mining Supervisor, at such times as he may require, a plat in the manner and form prescribed by him showing prospecting and development work and improvements on the lease land and other related in- formation, with a report as to all buildings, structures and other works or equipment, situated elsewhere and owned or operated in conjunction with, or as a part of the operations conducted hereunder. To comply with all regulations of the Secretary of the Interior or the Secretary of Agriculture as to the laan herein described which are under his jurisdiction; and to conduct operations in an orderly manner and in accordance with regulations 30 CFR, Part 231 and the applicable Federal and State laws; and to exercise reasonable diligence, skill, and care in the operation of the property; and to carry on all operations in ac- cordance with approved methods and practices, having due regard for the prevention of damage to mineral deposits, water horizons and property, injury to life and health, and economic waste. Taxes. To pay when due all taxes lawfully assessed and levied under the laws of the State or the United States upon improvements, output of mines, and other rights, property, and assets of the lessee. Deliver premises. To deliver up to the lessor in good order and condition and subject to the pro- visions in Section 9 hereof on the termination of this lease as a result of forfeiture thereof the lands covered thereby, including all underground timbering and such other supports and structures as are necessary for the preservation of the mine. (1) Assignment. Not to assign this lease, or any interest therein, whether by direct assignment, Operating agreement, working or royalty interest, or otherwise, nor sublet any portion of the leased premises, except with the approval, in writing, of the lessor. All such assignments or subleases must be submitted in trip- licate within 90 days from the?date of execution and must contain allof the terms and conditions agreed upon by the parties thereto. Not to create overriding royal- ties in excess of those authorized by regulation 43 CFR 3226.]. An assignment of all or part 'of the record title to a portion of the acreage in the lease shall separate the lease into separate leaseholds and the terms hereof shall apply separately to the segregated portions. Ad- vance annual rental payments, if previously terminated, shall be resumed as to an undeveloped segregated portion on the next anniversary date of the lease; the minimum royalty payment herein specified shall apply separately to the segregated portions and the time allowed within which to commence Operations on an undeveloped segregated portion shall be such reason- able period as shall be prescribed by the lessor at the time the assignment is approved. Equal Opportunity clause. During the perform- ance of this contract the lessee agrees as follows: (1) The lessee will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The lessee will take affirmative action to ensure that applicants are employed, and that employees are treated during em- ployment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following; employment, upgrading, demo- tion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The lessee agrees to post in con- spicuous places, available to employees and applicants for employment, notices to be provided by the contract- ing officer setting forth the provisions of this nondis- crimination clause. (2) The lessee will, in all solicitations or advertisements for employees placed by or on behalf of the lessee, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The lessee will send to each labor union or representative of workers with which he has a col- lective bargaining agreement or other contract or under- standing, a notice, to be provided by the agency contracting officer, advising the labor union or workers? representative of the lessee?s commitments under Section 202 of Executive Order No. 11246 of Septem- ber 24, 1965, and shall post copies of the notice in conspicuous places available to employees and ap- plicants for employment. (4) The lessee will camply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The lessee will furnish all information and reports required by Executive Order No. 11246 of Sep- tember 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the lessee?s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this con- tract may be cancelled, terminated or suSpended in whole or in part and the lessee may be declared in- eligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The lessee will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Septem- ber 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The lessee will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanc- tions for noncompliance: Provided. however, That in the event the lessee becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the lessee may request the United States to enter into such litigation to protect the interests of the United States. Payments. Rentals under this lease shall be paid to the Manager of the prOper Land Office, except that when this lease becomes productive the rentals and royalties shall be paid to the Regional Mining Supervisor of the Geological Survey, with whom all reports concerning operations under the lease shall be filed. All remittances to the Bureau of Land Manage- ment shall be made payable to the Bureau of Land Management, those to the Geological Survey shall be made payableto the United States Geological Survey. . The failure to pay rental on or before the anniversary date shall automatically terminate the lease. However, if the time for payment falls on aday in which the proper office to receive payment is closed, payment shall be deemed timely if made on the next official working day. Sec. 3. Lessee further agrees: Protection 0/ property. To conduct all opera- tions hereunder with due regard for good land manage- ment, not to cut or destroy timber without previous permission from the authorized officer and to pay for such timber at rates prescribed by him; to avoid damage to improvements, timber, cr0ps; or other cover; unless otherwise authorized by the authorized officer, not drill any well, carry on operations, make excavations, con- struct tunnels. drill, or otherwise disturb the surface of the lands within 200 feet of any building thereon and whenever required, in writing, by the authorized officer, and upon any partial or total relinquishment, cancella- tion, or termination of this lease as to that portion of the land to which his rights have terminated, to fence or fill all sump holes, ditches and other excavations, remove or cover all debris, and so far as reasonably possible, reseed or otherwise restore the surface of the lands to their former condition, or to a productive or other condition satisfactory to the authorized officer, including the removal of structures as and if required, and when required by such officer to bury all pipelines below plow depth. 03) Fire precautions. To do all in his power to prevent and suppress fires on the land and vicinity, and to require his employees, contractors, and subcon- tractors to do likewise. Unless prevented by circum- stances over which he has no control, to place his employees, contractors, and subcontractors at the diSposal of the authorized officer for the purpose of fighting fires on or originating on the land or on adjacent areas or caused by the negligence of the lessee or his employees, contractors, and subcontractors, with the understanding that payment for such services shall be made at rates to be determined by such authorized officer but not less than the current rates of pay pre- vailing in the vicinity for services of a similar char- acter: Provided. that if the lessee, his employees, contractors, or subcontractors, or employees of any of them, caused or could have prevented the origin or Spread of said fire or ?res, no payment shall be made for services so rendered. During periods of serious fire danger, as may be specified by the authorized officer, the lessee shall prohibit smoking and the building of camp and lunch fires by his employees, contractors, and subcontractors, within the leased area except at established camps, and shall enforce this prohibition by all means within his power: Provided, that the au- thorized officer may designate safe places where, after all inflammable material has been cleared away, camp- fires may be built for the purpose of heating lunches and where, at the option of the lessee, smoking may be permitted; Provided /urtber, that when in the judgment of the authorized officer the fire danger is of such serious nature that fires may result from the operation, the lessee will close down operations upon request of such officer for the period of such emergency. The lessee will not burn rubbish, trash, or other inflammable materials except with the consent of the authorized officer and shall not use explosives during the fire season except as authorized to do so or on areas ap- proved by such officer. The lessee shall build or construct such fire lines or do such clearing on the land as the authorized officer decides is essential for forest, brush, and grass fire prevention which is or may be necessitated by the exercise of the privileges author- ized by this lease, and shall maintain such fire tools at his headquarters or at the appropriate location on the land as are deemed necessary by such officer. Approval of construction. Not to clear or use the land for development or for construction purposes of any kind until a plan of construction and development therefor has been approved by the authorized officer and that in the location, design, construction, and mainte- nance of all authorized works, camps, buildings,'plants, waterways, roads, telegraph or telephone lines, pipe- lines, reservoirs, tanks, pumping stations, or other structures or clearances, lessee shall do all things reasonably necessary to prevent or reduce scarring and erosion of the land, pollution of the water resources and any damage to the watershed. Damage to property. To pay the lessor or its tenant, as the case may be, for any and all damage to or destruction of property caused by the opera- tions hereunder; to save and hold the lessor or the surface owner or their tenants harmless from all damage or claims for damage to persons or property resulting from the lessee?s operations under this lease; and where the surface of the leased land is owned by other than the lessor, to pay such owner, or his tenants, as the case may be, for damage or injury to livestock, crops, trees, pipelines, buildings, and other improvements on the leased lands. That where construction, operation, or maintenance of any of the facilities on or connected with this lease causes damage to the watershed or pollution of the water resources, to repair such damage and take such corrective measures as are required by the authorized officer, including the reseeding or other restoration of the vegetative cover. Protection of livestock; access to leased lands. To install and maintain cattle guards to prevent the passage of livestock in any openings made in fences by the lessee, his contractors, or subcontractors to provide access to the lands covered by this lease for automotive and other equipment. (0 Authorized Officer. All inquiries relating to this section should be addressed to the authorized officer named in Section 1(b) of this lease. Sec. 4. Lessee??agent. Prior to the beginning of op- erations, the lessee shall appoint and maintain at all times during the term of this lease a local agent upon whom may be served written orders or notices respect- ing matters contained in this lease, and shall inform the authorized officer and the Regional Mining Super- visor of the United States Geological Survey, in writing, of the name and address of such agent. If a substitute agent is appointed, the lessee shall immediately so inform the said officers. Sec. 5. The lessor expressly reserves: Rights reserved. The right to permit for joint or several use easements or rights-of-way, including easements in tunnels upon, through, or in the land leased, occupied, or used as may be necessary or appro- priate to the working of the same or other lands, and the preparation and shipment of the products thereof by or under authority of the Government, its lessees or permittees, and for other public purposes. Monopoly and fair prices. Full power and au- thority to promulgate and enforce all orders necessary to insure the sale of the production of the leased lands to the United States and to the public at reasonable prices, to protect the interest of the United States, to prevent monOpoly, and to safeguard the public welfare. Renewal terms. The right to reasonably re- adjust and fix royalties payable hereunder at the end of the primary term of this lease and thereafter at the end of each successive renewal thereof unless otherwise provided by law at the time of the expiration of any such period, and to readjust other terms and conditions of the lease, including the revision of or imposition of stipula- tions for the protection of the surface of the land as may be required by the agency having jurisdiction thereover. Waiver of conditions. The right to waive any breach of the covenants and conditions contained here- in, but any such waiver shall extend only to the particu- lar breach so waived and shall not limit the rights of the lessor with respect to any future breach; nor shall the waiver of a particular cause of forfeiture prevent cancellation of this lease fOr any other cause, or for the same cause occurring at another time. Sec. 6. It is mutually agreed: Mining methods. That this lease does not authorize the mining or removal of the mineral deposits by stripping, rim cutting, or open pit methods without the prior written approval of the authorized officer and on such conditions as he may prescribe. Reduction or smelting o/ ores. That the reduc- tion or smelting of ores on the leased land is expressly prohibited in the absence of an agreement between the lessee and the authorized officer authorizing such use of the surface of the land and providing for the neces- sary protection of life and property. Such agreement shall contain all of the terms and conditions under which the reduction or smelting of ores may be carried on and any violation of that agreement shall be con- sidered a violation of the terms of this lease for the purpose of Section 9. (C) Uses and disposition of sur/ace. That the leased land shall be subject at all times to any other lawful uses or sale by the United States, its lessees, permittees, licensees, and assigns; provided tbat such uses or sale shall not prevent, obstruct, or unduly interfere with any privilege granted under this lease: Provided, that the lessee shall recognize existing uses and commitments in the form of grazing, timber cutting, and special use permits, water developments, ditch, road, trail, pipeline, telephone and telegraph lines, fences, rights-of-way, and other similar improvements, and to conduct his operations so as to interfere as little as possible with the rights and privileges granted by these permits or with other existing uses. Granting leases for other minerals. That the granting of this lease will not preclude the issuance of other leases of the same land for the purpose of mining and extracting oil, gas, oil shale, coal, phosphate, potassium, sodium, and sulphur. Sec. 7. Relinquisbment of lease. The lessee may sur- render this lease or any legal subdivision thereof. If the lands are not described by legal subdivision, a partial relinquishment must describe definitely the lands sur- rendered and give the exact area thereof. A relinquish- ment must be filed in triplicate in the proper Land Office. Upon its acceptance, it will be effective as of the date it filed, subject to the continued obligation of the lessee and his surety to make payment of all accrued rentals and royalties, and to provide for the preservation of any mines or productive works or perma- nent improvements on the lands in accordance with the regulations and terms of the lease, and for the faithful compliance of all the terms of the lease. Sec. 8. Removal of equipment, etc., on termination of lease. On termination of this leasefby surrender, for- feiture, or otherwise, the lessee shall have the privilege Sec. 12. Special stipulations. (Attached) OF ST. JOSEPH LEAD COMPANY Vice President and Secretary at any time within a period of 90 days thereafter of removing from the premises all machinery, equipment, tools, and materials, other than underground timbering placed by the lessee in or on the leased lands, which are not necessary for the preservation of the mine. Any materials, tools, appliances, machinery, structures, and equipment, subject to removal as above provided, which are allowed to remain on the leased land shall become the property of the lessor on expiration of the 90-day period or such extension thereof as may be granted by the lessor, but the lessee shall remove any or all of such prOperty when so directed by the lessor. Sec. 9. Proceedings in case of default. If the lessee does not comply with the applicable regulations made a part hereof or the terms of this lease and such default continues for a period of 30 days after service of written notice thereof by the lessor, the lease may be cancelled by the Bureau of Land Management. Furthermore, if the lessee fails to take prompt and necessary steps to prevent loss or damage to the mine, property, or prem- ises, or danger to the emploYees, the lessor may enter on the premises and take such measures as may be deemed necessary to prevent such loss or damage, or to correct the dangerous or unsafe condition of the mine or works thereof, which shall be at the eXpense of the lessee, but the lessee shall not be held responsible for delays or casualties occasioned by causes beyond the lessee?s control. Sec. 10. Heirs and successorsdn-interest. Each obli- gation hereunder shall extend to and be binding upon, and every benefit hereof shall inure to, the heirs, ex- ecutors, administrators, successors, or assigns of the respective parties hereto. Sec. 11. Unlawful interest. It is also further agreed that no Member of, or Delegate to, Congress, or Res- ident Commissioner, after his election or appointment, or either before or after he has qualified and during his continuance in office, and that no officer, agent, or employee of the Department of the Interior, except as provided in 43 CFR shall be admitted to any share or part in this lease or derive any benefit that may arise therefrom; and the provisions of Sec- tion 3741 of the Revised Statutes of the United States, (41 U.S.C., Sec 11) as amended, and Sections 431, 432, and 433, Title 18 U.S.C., relating to contracts, enter into and form a part of this lease so far as the same may be applicable. THE UNITED STATES OF AMERICA a, 1 By . (Signing Offie/er) Assistant Manager (Title) 1/ (bis lease is executed by a corporation. must bear (be corporate seal I (Date) GPO ear- 033 39-2820-2 (Rev. 11/1/66) U. s, Forest Service Serial lie. Clark #?atioml Pores-t Applicant St. Joseph Lead Company 53 SPECIAL The (lessee) is notified and agrees: C.) That any and all operations authorized by this (32356) {?rmmiif shall be gone iu accordance udth a plan.which must be submittac in triplicate arc c:proveafin 3: writing by the District Ranger atZPotosi i;v_ em. Missouri ac; 55569 bcfore such operations are begun. The operating plan will conroih inch gro- ?visions as the District Booger may reasonably determine are needcc intain proper administration of the lands and surface resources. Where Late, depending upon the location and type of operation,~thu District Ranger may require the plan to contain provisions concerning the following matters: 1. The location and extent of arena to bc occupied during operations. 2. The methods to be used in the operations. 3. The size and type of equipment to be used in the operations. h. The capacity, character, standards of construction and size of all structures and facilities to be built. 5. The location and size of areas upon which vegezaiioc will be destroyed or soul will be laid bare. 6. 'le steps which will be taken to prevent and conrzco ail crooion. 7. no steps which will be taken to preucnt water pol-cwlon. Le character, amount, and time of ucc of explosives or fir including zfe?* precautions which will be taken during their use. :8 grogiam proposed for rehabilitation and revegctation of disturbed zoos. operations require departures from or additions to tho c; 1 plug, - or amendments will be submitted in triplicate, with stat c- .5 or or changes or additions, to the Discrict Banger for approval. An; conducted in advance of approval of an original, revised, or c. coca opercting plan, or which are not in accord with an approved plan, cc - cute violations of the terms of this (lease) Crocurri. The 135586 clould be notified of powerlines in the Section 13, and 3f- ?ak soc Section 25, TSSN, 22m, which are under special use permits and improvements: The lessee agrees to take such reasonable steps as may be needed to prevent operations from unnecessarily: (1) causing or contributing to soil erosion or damaging any forage and timber growth thereon, or on Federal and non- Fedcral lands in the vicinity; (2) polluting water; (3) damaging crops, including forage, timber, or improvements of a surface owner; or (4) damaging improvements whether owned by the United States or by its permittees or lessees; and upon any partial or total relinquishment or the cancellation or expiration of this lease, or at any other time prior thereto when required and to the extent deemed necessary by the lessor, to fill any stump holes, ditches, and other excavations, remove or cover all debris, and, so far as reasonably possible, restore the surface of the leased land and access roads to their former condition, including the removal of structures as and if required. The lessor may prescribe the steps to be taken and restoration to be made, with respect to lands of the United States and improvements thereon. Created Total Messages in abe :97 (20 conversations) Created: 08-07-2018 at 11:56 AM Conversation Contents Twin Metals M-Opinion reversal draft Attachments: /15. Twin Metals M-Opinion reversal draft/1.1 2017.10.27 draft M-Op reversal.docx /15. Twin Metals M-Opinion reversal draft/2.1 2017.10.27 draft M-Op reversal rhm.docx /15. Twin Metals M-Opinion reversal draft/3.1 2017.10.27 draft M-Op reversal rhm+bwc.docx "Collier, Briana" From: Sent: To: CC: Subject: Attachments: "Collier, Briana" Fri Oct 27 2017 16:29:41 GMT-0600 (MDT) Karen Hawbecker , Richard McNeer Roy Fuller , Ryan Sklar Twin Metals M-Opinion reversal draft 2017.10.27 draft M-Op reversal.docx Karen, Richard: Attached below is a first draft of the reversal of M-37036. As a reminder, Jack wanted to try to get this ready in 4-6 weeks from when we met with Twin Metals on October 12th. Also as a reminder, oral arguments on the motion to dismiss are scheduled for Nov. 14th, and DOJ wants to do a moot on Nov. 6th or 7th. Please let us know how you would like to proceed with review and revision given the limited timeframe we have available to get this memo into final shape. We should also discuss how we want to handle the moot when we meet next week. Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "McNeer, Richard" From: Sent: To: CC: Subject: Attachments: "McNeer, Richard" Mon Oct 30 2017 13:26:54 GMT-0600 (MDT) "Collier, Briana" Karen Hawbecker , Roy Fuller , Ryan Sklar Re: Twin Metals M-Opinion reversal draft 2017.10.27 draft M-Op reversal rhm.docx Briana: Here are some suggested edits and responses to some of your comments. Good job with it. Richard On Fri, Oct 27, 2017 at 6:29 PM, Collier, Briana wrote: Karen, Richard: Attached below is a first draft of the reversal of M-37036. As a reminder, Jack wanted to try to get this ready in 4-6 weeks from when we met with Twin Metals on October 12th. Also as a reminder, oral arguments on the motion to dismiss are scheduled for Nov. 14th, and DOJ wants to do a moot on Nov. 6th or 7th. Please let us know how you would like to proceed with review and revision given the limited timeframe we have available to get this memo into final shape. We should also discuss how we want to handle the moot when we meet next week. Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Collier, Briana" From: Sent: To: "Collier, Briana" Mon Oct 30 2017 14:30:56 GMT-0600 (MDT) "McNeer, Richard" CC: Subject: Attachments: Karen Hawbecker , Roy Fuller , Ryan Sklar Re: Twin Metals M-Opinion reversal draft 2017.10.27 draft M-Op reversal rhm+bwc.docx Thanks for your review, Richard. I made a few additional edits according to your comments in the version below. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Oct 30, 2017 at 1:26 PM, McNeer, Richard wrote: Briana: Here are some suggested edits and responses to some of your comments. Good job with it. Richard On Fri, Oct 27, 2017 at 6:29 PM, Collier, Briana wrote: Karen, Richard: Attached below is a first draft of the reversal of M-37036. As a reminder, Jack wanted to try to get this ready in 4-6 weeks from when we met with Twin Metals on October 12th. Also as a reminder, oral arguments on the motion to dismiss are scheduled for Nov. 14th, and DOJ wants to do a moot on Nov. 6th or 7th. Please let us know how you would like to proceed with review and revision given the limited timeframe we have available to get this memo into final shape. We should also discuss how we want to handle the moot when we meet next week. Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Hawbecker, Karen" From: Sent: To: CC: Subject: "Hawbecker, Karen" Mon Oct 30 2017 15:14:54 GMT-0600 (MDT) "Collier, Briana" "McNeer, Richard" , Roy Fuller , Ryan Sklar Re: Twin Metals M-Opinion reversal draft I'll start my review now, so I ask everyone else to hold off on any additional changes until I send my edits. Thanks. -Karen On Mon, Oct 30, 2017 at 4:30 PM, Collier, Briana wrote: Thanks for your review, Richard. I made a few additional edits according to your comments in the version below. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Oct 30, 2017 at 1:26 PM, McNeer, Richard wrote: Briana: Here are some suggested edits and responses to some of your comments. Good job with it. Richard On Fri, Oct 27, 2017 at 6:29 PM, Collier, Briana wrote: Karen, Richard: Attached below is a first draft of the reversal of M-37036. As a reminder, Jack wanted to try to get this ready in 4-6 weeks from when we met with Twin Metals on October 12th. Also as a reminder, oral arguments on the motion to dismiss are scheduled for Nov. 14th, and DOJ wants to do a moot on Nov. 6th or 7th. Please let us know how you would like to proceed with review and revision given the limited timeframe we have available to get this memo into final shape. We should also discuss how we want to handle the moot when we meet next week. Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. M- Memorandum To: From: Subject: Director. Bureau of Land Management Solicitor Reversal of M-37036. "Twin Metals Minnesota Application to Renew Preference Right Leases (WES-01352 and Commented [cew112? I Commented [Bc4]: rates tlan INCO was W1 mg to agree to pay. Memoran um trom USGS net. onservatlon Commented 5 - 00 I Commented [csw7]: 18 M- Memorandum To: From: Subject: Director. Bureau of Land Management Solicitor Reversal of M-37036. "Twin Metals Minnesota Application to Renew Preference Right Leases (WES-01352 and Commented commented teem: Commented Commented Optional 1 Commented [865]: Commented [csws] 5 - 00 commemed rcewn? 15 Commented [caws]: 17 18 M- Memorandum To: From: Subject: Director. Bureau of Land Management Solicitor Reversal of M-37036. "Twin Metals Minnesota Application to Renew Preference Right Leases (WES-01352 and Commented Optional. See below. commented tom:? Commented Commented Optional Commented [865]: Commented Ln k0 commented [cm? 15 Commented 16 18 Created Total Messages in abe :97 (20 conversations) Created: 08-07-2018 at 11:56 AM Conversation Contents research "Collier, Briana" From: "Collier, Briana" Sent: Fri Oct 27 2017 08:16:30 GMT-0600 (MDT) To: Briana Collier Subject: research Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Office of the Solicitor 505 Marquette Ave, NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. Created Total Messages in abe :97 (20 conversations) Created: 08-07-2018 at 11:56 AM Conversation Contents M-op rev. 10/22 version Attachments: /17. M-op rev. 10/22 version/1.1 2017.10.22 draft M-Op reversal.docx "Collier, Briana" From: Sent: To: Subject: Attachments: "Collier, Briana" Sun Oct 22 2017 22:33:17 GMT-0600 (MDT) Briana Collier M-op rev. 10/22 version 2017.10.22 draft M-Op reversal.docx Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. [cew1] To: Director. Bureau of Land Management From: Solicitor Subject: Reversal of M-37036. "Twin Metals Minnesota Application to Renew Preference Right Leases (WES-01352 and Commented [Bcz]: [303]: I Commented 5 Created Total Messages in abe :97 (20 conversations) Created: 08-07-2018 at 11:57 AM Conversation Contents Twin Metals M-Opinion outline Attachments: /18. Twin Metals M-Opinion outline/1.1 TwinMetals-DraftrevisedMOpargumentoutline.docx /18. Twin Metals M-Opinion outline/3.1 2017.09.18Twin Metals-Draft revised M-Op argument outline.docx "Hawbecker, Karen" From: Sent: To: CC: Subject: Attachments: "Hawbecker, Karen" Wed Oct 04 2017 15:46:59 GMT-0600 (MDT) Jack Haugrud Briana Collier , Roy Fuller , Richard McNeer Twin Metals M-Opinion outline TwinMetals-DraftrevisedM-Opargumentoutline.docx Jack, This is the outline for a new draft opinion that Briana prepared in May. She has updated her first comment in a version that she'll send in response to this email. Let us know if you see this approach as a good game plan for beginning work on a first draft. Also, (b) (5) . --Karen ---------- Forwarded message ---------From: McNeer, Richard Date: Wed, May 17, 2017 at 10:17 AM Subject: Twin Metals To: Jack Haugrud Cc: "Collier, Briana" , "Hawbecker, Karen" Jack: FYI. Here is Briana's draft outline of an explanation for reversal of the M-Opinion. Please let us know if you have any comments. Richard "Haugrud, Kevin" From: Sent: "Haugrud, Kevin" Wed Oct 04 2017 15:56:40 GMT-0600 (MDT) To: "Hawbecker, Karen" Briana Collier Roy Fuller CC: Richard McNeer Subject: Re: Twin Metals M-Opinion outline I've quicklv reviewed and think this is a good start. On Wed, Oct 4, 2017 at 5:46 PM, Hawbecker, Karen wrote: Jack, This is the outline for a new draft opinion that Briana prepared in May. She has updated her ?rst comment in a version that she'll send in response to this email. Let us know if you see this approach as a good game plan for beginning work on a ?rst draft. Also,?. ?Karen Forwarded message From: McNeer, Richard Date: Wed, May 17, 2017 at 10:17 AM Subject: Twin Metals To: Jack Haugrud Cc: "Collier, Briana" "Hawbecker, Karen" Jack: FYI. Here is Briana's draft outline of an explanation for reversal of the M-Opinion. Please let us know if you have any comments. Richard "Collier, Briana" From: "Collier, Briana" Sent: Wed Oct 04 2017 15:57:02 GMT-0600 (MDT) To: "Hawbecker, Karen" Jack Haugrud Roy Fuller CC: Richard McNeer Subject: Re: Twin Metals M-Opinion outline Attachments: 2017.09.18Twin Metals-Draft revised argument outline.docx Jack, Here is the updated version of the outline. Please let me know if you would like me to send along the historic lease ?le documents referenced. Thank you, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Wed, Oct 4, 2017 at 3:46 PM, Hawbecker, Karen wrote: Jack, This is the outline for a new draft opinion that Briana prepared in May. She has updated her first comment in a version that she'll send in response to this email. Let us know if you see this approach as a good game plan for beginning work on a first draft. Also, (b) (5) . --Karen ---------- Forwarded message ---------From: McNeer, Richard Date: Wed, May 17, 2017 at 10:17 AM Subject: Twin Metals To: Jack Haugrud Cc: "Collier, Briana" , "Hawbecker, Karen" Jack: FYI. Here is Briana's draft outline of an explanation for reversal of the M-Opinion. Please let us know if you have any comments. Richard M-Opinion reversal arguments Commented I A M-Opinion reversal arguments Commented _Ctd Created Total Messages in abe :97 (20 conversations) Created: 08-07-2018 at 11:57 AM Conversation Contents Twin Metals leases and M-37036 Attachments: /19. Twin Metals leases and M-37036/1.1 MNES-01352 1966 Lease.pdf /19. Twin Metals leases and M-37036/1.2 MNES_01353 1966 Lease.pdf /19. Twin Metals leases and M-37036/1.3 2004 TMM Lease Renewals.pdf /19. Twin Metals leases and M-37036/1.4 M37036 Twin Metals Minnesota Application to Renew Preference Right Leases (MNES-01352 and MNES-0135).pdf /19. Twin Metals leases and M-37036/3.1 MNES-01352 1966 Lease.pdf /19. Twin Metals leases and M-37036/3.2 MNES_01353 1966 Lease.pdf /19. Twin Metals leases and M-37036/3.3 2004 TMM Lease Renewals.pdf /19. Twin Metals leases and M-37036/3.4 M37036 Twin Metals Minnesota Application to Renew Preference Right Leases (MNES-01352 and MNES-0135).pdf "Collier, Briana" From: Sent: To: Subject: Attachments: "Collier, Briana" Wed Oct 04 2017 11:26:51 GMT-0600 (MDT) Karen Hawbecker Twin Metals leases and M-37036 MNES-01352 1966 Lease.pdf MNES_01353 1966 Lease.pdf 2004 TMM Lease Renewals.pdf M37036 Twin Metals Minnesota Application to Renew Preference Right Leases (MNES-01352 and MNES-0135).pdf Hi Karen, Here are the Twin Metals 1966 and 2004 leases, and the M-Opinion for David. Thank you, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Hawbecker, Karen" From: Sent: "Hawbecker, Karen" Wed Oct 04 2017 11:35:36 GMT-0600 (MDT) To: Subject: "Collier, Briana" Re: Twin Metals leases and M-37036 Thanks, Briana! On Wed, Oct 4, 2017 at 1:26 PM, Collier, Briana wrote: Hi Karen, Here are the Twin Metals 1966 and 2004 leases, and the M-Opinion for David. Thank you, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Hawbecker, Karen" From: Sent: To: CC: Subject: Attachments: "Hawbecker, Karen" Wed Oct 04 2017 11:54:32 GMT-0600 (MDT) David Bernhardt <(b) (6) @ios.doi.gov> Daniel Jorjani , Jack Haugrud , Briana Collier , Gareth Rees Twin Metals leases and M-37036 MNES-01352 1966 Lease.pdf MNES_01353 1966 Lease.pdf 2004 TMM Lease Renewals.pdf M37036 Twin Metals Minnesota Application to Renew Preference Right Leases (MNES-01352 and MNES-0135).pdf David, Here are the Twin Metals 1966 leases, the 2004 lease renewals, and the M-Opinion. The renewal terms in the 1966 leases are in Section 5 on page 8. --Karen i - I - EASTERN 511133 {j'l 6:5523 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT MINERAL LEASE This lease entered into on the J?t day of'June,l966 between the United States of America, as Lessor, through the Bureau of Land Management, and The International Nickel Company, Inc., a Delaware corporation with offices at 67 Wall Street, New York, New York, as Lessee, pursuant to the authority set out in, and subject to, Section 402 of the President's Reor- ganization Plan No. 3 of 1946, 60 Stat. 1099, and the Act of June 30, 1950, 64 Stat. 311, and to all regulations of the Secretary of the Interior now in force when not inconsistent With any of the provisions herein. WITNESSETH: Sec. 1. Rights of Lessee. In consideration of the rents and royalties to?be paid and conditions and covenants to be observed as herein set forth the Lessor grants to the Lessee, subject to all privileges and uses heretofore duly authorized and prior valid claims, the exclusive right to mine, remove, and dispose of all the copper and/or nickel minerals and associated minerals and, with the exception of oil, gas, oil shale, coal, phosphate, potassium, sodium, or sulphur, any other minerals in, upon, or under the following described lands in the United States, in the State of Minnesota: In Lake County: Township 61 North, Range 11 West of the Fourth Principal Meridian: Section 3, Lot 2 sw-1/4 of sw?1/4 3-1/2 of Section 5, Lots 1 and 2 5-1/2 of 6 Lot 7 of sw-1/4 - 3-1/2 of sw-1/4 - N-l/2 of ,Section 6, Lots 13, 22, 23 and 24 .Section 7, Lots lSection 8, Lots 2 and 6 Section 9 All except of Section 18, Lots .Section 19, Lots Township 62 North, Range 11 West of the Fourth Principal Merldian: . . _Section 27, of Section 32, Lot 4 Section 33, Lots 6 and 7 Section 34, In St. Louis County: Township 61 North, Range 12 West of the Fourth Principal Meridian: Section 25, Lot 2 sw?l/u of A o?containing'8156918? acres,more or less, together with the right gas/0.07 . .155; Abra/Story . to construct and maintain thereon such structures and other facili- ties as may be necessary or convenient for the mining, preparation, and removal of said minerals, for a period of twenty (20) years with a right in the Lessee to renew the same for successive Eeriods of ten 10) years each in accordance with regulation 3 CFR 3221.h f) and the provisions of this lease. Authorized Agency Representative. The United States agency having administrative control over the surface use of the land is the Department of Agriculture and its authorized agency representative, hereinafter called the "Authorized Officer," to whom inquiries should be addressed is the Supervisor, Superior National Forest at Duluth, Minnesota. Sec. 2. In consideration of the foregoing, the Lessee agrees: Rentals. To pay to the Lessor annually in advance, beginning with the date of this lease, rental of one dollar for each acre or fraction thereof for each lease year until production commences, the rental payment for the year in which production commences to be credited on royalties that accrue 'during that lease year. RoyaltE. To pay the Lessor within 30 days after the end of each per 0 prescribed in subsection e) of this sec- tion a royalty at the rate of h% during the irst ten years of the primary term and (ii) at the rate of 4-1/2% during the second 10 years of the primary term, of the gross value of the minerals mined hereunder which are shipped to the concentrating mill during each such period. Said value for the purposes of this Agreement shall be taken to be one-third of the market prices of a quantity of fully-refined copper and of a quantity of fully- refined nickel equal to the respective quantities of unrefined copper and unrefined nickel contained in said minerals so shipped to the concentrating mill. Minimum royalty. Beginning after the tenth year of the lease, except with reSpect to any periods during which operations are interrupted by strikes, the elements or casual- ties not attributable to the Lessee, to mine each year from the area covered by the lease a quantity of the leased minerals such that the royalties payable for said year under subsections and hereof will during the primary term of the lease be at least equal to $5 per annum per acre included in the leased premises at the beginning of such year, and during each renewal period of the lease be at least equal to $10 per annum per acre included in the leased premises at the beginning of such year; or in lieu thereof to pay the Lessor as royalty within 30 days . after the end of such year that amount which, when added to the royalties, if any, payable for said year under subsections and hereof, will equal the minimum royalty for that year herein provided. Lessor may in its discretion, waive, reduce, or suspend the minimum royalty payment for reasonable periods of time in the interest of conservation or when such action does not adversely affect the interest of the United States of America in accordance with the regulation 43 CFR 3222.6?2. Additional royalty. (1) In order to provide a royalty in respect of any associated products (as hereinafter defined), to pay the Lessor within 30 days after the end of each period prescribed in subsection of this section an addi- tional royalty of 0.3% of the gross value of the minerals mined under this lease (determined on the basis of their copper and nickel content as provided in subsection (b of this sec-_ tion) which are shipped to the concentrating mi 1 during such -3- period. During the first ten years of the lease such addi- tional royalty shall not be payable if the Lessee demonstrates that no associated products are being recovered from the minerals mined under this lease, but beginning after the tenth year of the lease, such additional royalty shall be payable rwhether or not associated products are recovered from the minerals mined under this lease. The Lessee will also pay the Lessor within 90 days after the end of each lease year a further additional royalty of 1% of the amount, if any, by which the gross value of associated products exceeds 20% of the aggregate market price as fully- refined metals of the quantity of copper and nickel contained in the minerals mined under this lease which are shipped to the concentrating mill during such lease year. At the request of either party following any lease year for which said 1% royalty has been payable and the gross value of associated products ex- ceeds 30% of the said aggregate market price, representatives of the Lessor and the Lessee shall meet at a mutually agreeable time to consider and decide whether additional royalty for as? sociated products shall continue to be payable as provided in this subsection or shall (in lieu thereof) be payable on such basis as may be negotiated. In connection with such meet? ing the Lessee will make a reasonable investigation to ascertain insofar as practicable the volume of associated products which . appear to be currently recovered from the minerals mined under this lease,_and will provide the Lessor with the results of this investigation. (3) For purposes of this agreement, the term ?associated products?' shall mean fully-refined chemical elements (other than copper and nickel) not further processed and (ii) and products containing such elements produced by the Lessee (prior to full refining) for their value as such (other than products valuable chiefly by reason of their copper and/or nickel con- tent), which are, in either case, recovered by the Lessee from minerals mined under this lease and sold or used by the Lessee during the lease year for which additional royalty, if any, is due; and the gross value of such products shall be taken to be the aggregate of the market prices of the respective quantities of associated products so sold or used by the Lessee. Statement. To furnish for each month or such longer period as may 5e prescribed by the Regional Mining Supervisor cf the Geological Survey, statements in detail in such form as may be prescribed by him, of the amount and value under subsection of this section 0f the minerals mined here- under which are shipped to the concentrating mill during such period, for use in determining royalties, such statements to be furnished within 30 days from the close of such period. Falsi- fication of such sta ements shall be grounds for cancellation of the lease. Market prices. For the purposes of this section the "market price of fully-refined copper? per pound shall be the average of the average prices per pound for Domestic Refinery Electrolytic Copper in carload lots, f.o.b. Atlantic Seaboard refineries, published in E. M. J. Metal and Mineral Markets for the period for which the royalty is being computed, and the ?market price offully-refined nickel" per pound shall be the average of the average prices per pOund for nickel electrolytic nickel cathodes) in carload lots, f.o.b. Port Colborne, Ontario, Canada, United States import duty (if any) included, published in E. M. J. Metal and Mineral Markets for the period for which royalty is being computed; and the respectiVe ?market prices of associated products? per unit shall be the average of the average prices per unit for such respective products in their usual and customary shipping quantities, f. o. b. their usual and customary place of disposal, published in E. M. J. Metal and Mineral Markets for the period for which additional royalty, if any, is being computed. 8g) Bond. To furnish and maintain a bond in the sum of 10,0'3 00? conditioned upon compliance with the terms and conditions of this lease, and to increase the amount thereof ore furnish such other bond as may be required. Inspection. To permit at all reasonable times: (1) inspection any authorized officer of the leased premises and all surface and underground improvements, works, machinery, equipment, and all books and records pertaining to operations and surveys or investigations under this lease; and (2) the Lessor to make copies of and extracts from any or all books and records pertaining to operations under this lease. (1) Maps-?Reports. To furnish, in duplicate, to the Regional Mining Supervisor, at such times as he may require, a plat in the manner and form prescribed by him showing prospect? ing and development work and improvements on the leased land and other related information, with a report as to all buildings, structures, and other works or equipment, situated elsewhere and owned or operated in conjunction with, or as a part of the operations conducted hereunder. To comply with all regulations of the Secretary of the Interior and the Secretary of Agriculture applicable to the leased premises which are under his Jurisdiction; and to conduct operations in an orderly manner and in accordance with regulations in 30 CFR, Part 225033'and the applicable Federal x, and State laws; and to exercise reasonable diligence, skill, Cf?t? and care in the operation of the property; and to carry on all 22 operations in accordance with approved methods and practices, ?9 having due regard for the prevention of damage to mineral de- 4{ posits, water horizons and property, injury to life and health, Ag and ecOnomic waste. 5 gaxes. To pay when due all taxes lawfully assessed and levied under the laws of the State or the United States upon improvements, output of mines, and other rights, property, and assets of the Lessee. Deliver Premises. To deliver up to the Least? in good order and condition and subject to the provisions of Section 9 hereof on the termination of this lease as a result of forfeiture thereof the lands covered thereby, including all underground timbering and such other supports and structures as are necessary for the preservation of the mine. Assi nment. Not to assign this lease, or any interest therein, whether by direct assignment, operating agreement, working or royalty interest, or otherwise,_nor sub- let any portion of the leased premises, except with the approval in writing of the Lessor. All such assignments or subleases must be submitted in tri licate within 90 days from the date of execution and must contain all of the terms and conditions agreed upon by the parties thereto. Not to create overriding royalgies in excess of those authorized by regulation 43 CFR 322 An assignment of all or part of the record title to a portion of the acreage in the lease shall separate the lease into separate leaseholds and the terms hereof shall apply separately to the segregated portions. Advance annual rental payments, if previously terminated, shall be resumed as to an undeveloped segregated portion on the next anniversary date of the lease; the minimum royalty payment herein specified shall apply separately to the segregated portions and the time allowed within which to commence operations on an undeveloped segregated portion shall be such reasonable period as shall be prescribed by the Lessor at the time the assignment is approved. Nondiscrimination Clauses. In connection with the performance of work under this contract, the Lessee agrees as follows: - (1) (The Lessee will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Lessee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the authorized contracting officer setting forth the provisions of this nondiscrimination clause. (2) The Lessee will, in all solicitations or advertise? ments for employees placed by or on behalf of the Lessee state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The Lessee will send to each labor union or representative of workers with which he has a collective bargaining-agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the said labor union or workers' representative of the Lessee?s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Lessee will comply with all provisions of Executive Order No. 10925 of March 6, 1961, as amended, and of the rules, regulations, and relevant orders of the President's Committee on Equal Employment Opportunity created thereby. (5) The Lessee will furnish all information and reports . required by Executive Order No. 10925 of March 6, 1961, as amended, and by the rules, regulations, and orders of the said Committee, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Committee for purposes of investigation to ascertain compli- ance with such rules, regulations, and orders. (6) In the event of the Lessee's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Lessee may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 10925 of March 6, 1961, as amended, and such other sanc- tions may be impoSed and remedies invoked as provided in the said Executive Order or by rule, regulation, or order of the President's Committee on Equal Employment Opportunity, or as otherwise provided by law. ,The Lessee will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the President's Committee on Equal Employment Opportunity issued pursuant to section 303 of Executive Order No. 10925 of March 6, 1961, as amended, so that such provisions will be binding upon each sub- contractor or vendor. The Lessee will take such action with respect to any subcontract or purchase order as the contract? ing agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Lessee becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Lessee may re- quest the United States to enter into such litigation to pro- tect the interests of the United States. (0) Pa ents. Rentals under this lease shall be paid to the Manager of the.proper Land Office, except that when this lease becomes productive the rentals an royalties shall be paid to the Regional Mining Supervisor of the United States Geological Survey, with whom all reports con? cerning operations under the lease shall be filed. All remit? tances to.the Bureau of Land Management shall be made payable to the Bureau of Land Management, those to the Geological Survey shall be made payable to the United States Geological Survey. Sec. 3. Lessee further agrees; Protection of Property. To conduct all operations hereunder with due regard for good land management, not to cut or destroy timber without previous permission from the Authorized Officer and to pay for such timber at rates prescribed by him; to avoid damage to improvements, timber, crops, or other cover; unless otherwise authorized by the Authorized Officer, not drill any well, carry on operations, make excavations, construct tunnels, drill, or otherwise disturb the surface of the lands within 200 feet of any building thereon and whenever required in writing by the Authorized Officer, and upon any partial or total relinquish- ment, cancellation or termination of this lease as to that portion of the land to which his rights have terminated, to-? fence or fill all sump holes, ditches and other excavatiOns, remove or cover all debris, and so far as reasonably possible, reseed or otherwise restore the surface of the lands to their former condition, or to a productive or other condition satisfactory to the Authorized Officer, including the removal of structures as and if required, and when required by such Officer to bury all pipelines below plow depth. Fire precautions. To do all in his power to prevent and suppress fires on the land and vicinity, and to require his employees, contractors, and subcontractors to do likewise. ?Unless prevented by circumstances over which he has no control, to place his employees, contractors, and sub- contractors at the disposal of the Authorized Officer for the purpose of fighting fires on or originating on the land or on adjacent areas or caused by the negligence of the Lessee or his employees, contractors, and subcontractors, with the understanding that payment for such services shall be made at rates to be determined by such Authorized Officer but not less than the current rates of pay prevailing in the vicinity for services of a similar character: Provided, that if the -7- Lessee, his employees, contractors, or subcontractors, or employees of any of them, caused or could have prevented the origin or spread of said fire or fires, no payment shall be made for services so rendered. During periods of Serious fire danger, as may be specified by the Authorized Officer, the Lessee shall prohibit smoking and the building of camp and lunch fires by his employees, contractors, and subcontractors, within the leased area except at established camps,and shall enforce this prohibition by all means within his power:' Provided, that the Authorized Officer may designate safe places where, after all inflammable material has been-cleared away, campfires may be built for the purpose of heating lunches and where, at the option of the Lessee, smoking may be permitted. The Lessee will not burn rubbish, trash, or other inflammable materials exce with the consent of the Authorized Officer. The Lessee shall build or construct such fire lines or do such clearing on the land as the Authorized Officer decides is essential for forest, brush, and grass fire prevention which is or may be necessitated by the exercise of the privileges authorized by this lease, and shall maintain such fire tools at his headquarters or at the appropriate location on the land as are deemed necessary by such Officer. (0) Approval of Construction. Not to clear or use the land for;development or for construction purposes of any kind until a plan of construction and deVelopment therefor has been approved by the Authorized Officer and that in the location, design, construction and maintenance of all authorized works, camps, buildings, plants, waterways, roads, telegraph or tele- phone lines, pipelines, reservoirs, tanks, pumping stations, or other structures or clearance, Lessee shall do all things reasonably necessary to prevent or reduce scarring and erosion of the land, pollution of the water resources and any damage to the watershed. Damage to Property. To pay the Lessor or its tenant, as the case may be, for any and all damage to or destruction of property caused by the Lessee's operations here- under; to save and hold the Lessor or the surface owner or their tenants harmless from all damage or claims for damage to persons or property resulting from the Lessee's operations under this lease; and where the surface of the leased land is owned by other than the Lessor, to pay such owner, or his tenant, as the case may be, for damage or injury to livestock, crops,. trees, pipelines, buildings, and other improvements of the leased lands. That where construction, operation, or maintenance of any of the facilities on or connected with this lease causes damage to the watershed or pollution of the water resources, to repair such damage and to take such corrective measures as are required by the Authorized Officer, including the reseeding or other restoration of the vegetative cover. Protection of Livestock; Access to Leased Lands. To install and maintain cattle guards to prevent the passage of livestock in any openings made in fences by the Lessee or his contractors to provide access to the lands covered by this lease for automotive and other equipment. . Authorized Officer. All inquiries relating to this section should be addressed to the Authorized Officer named in Section this lease. Sec. 4. Lessee-?Agent. Prior to the beginning of opera? tions the Lessee shall appoint and maintain at all times during the term of this lease a local agent upon whom may be served written orders or notices respecting matters contained in this lease, and shall inform the Authorized Officer and the Regional Mining Supervisor of the Geological Survey, in writing, of the name and address of such agent. If a substitute agent is ap? pointed, the Lessee shall immediately so inform the said Officers. Sec. Renewal Terms. The Lessor shall have the right to reasonably readjust and fix royalties payable hereunder at the end of the primary term of this lease and thereafter at the end of each successive renewal thereof unless otherwise pro- vided by law at the time of the expiration of any such period, and to readjust other terms and conditions of the lease, in- cluding the revision of or imposition of stipulations for the protection of the surface of the land as may be required by the agency having Jurisdiction thereover; provided, however, that the Lessee shall have the right to three successive ten- year renewals of this lease with any readjustment in the royal- 'ties payable hereunder limited to that hereinafter provided and with no readjustment of any of the other terms and conditions of .this lease unless at the end of the primary term of this lease the Lessee shall not have begun production, either hereunder or under the cOmpanion lease granted to the Lessee this day. The Secretary of the Interior may grant extensions of time for commencement of production in the interest of conservation or upon a satisfactory showing by the Lessee that the lease can- not be successfully operated at a profit or for other reasons, and the Lessee shall be entitled to renewal as herein provided without readjustment except of royalties payable hereunder if at the end of the primary or renewal period such an extension shall be in effect, but the Lessee shall not be entitled to subsequent Such renewals unless it shall have begun production within the extended time. If the Lessee shall be entitled to renewal without readjustment except of royalties payable here? under, the Secretary of the Interior may in his discretion in? crease the royalty rate prescribed in subsection of Section 2 up to, but not exceeding (1) 5% during the first ten-year renewal period, (ii) 6% during the second ten-year renewal period, and 7% during the third ten?year renewal period. The extent of readjustment of royalty, if any, to be made under this section shall be determined prior to the commence- ment of the'renewal period. Sec. 6. The Lessor expressly reserves: Rights Reserved. The right to permit for joint or several use easements or rights-of-way, including easements in tunnels upon, through, or in the land leased, occupied, or used as may be necessary or appropriate to the working of the same or other lands, and the preparation and shipment of the products thereof by or under authority Of the Government, its Lessees or Permittees, and for other public purposes. Waiver of Conditions. The right to waive any breach of the covenants and conditions contained herein, but any such waiver shall extend only to the particular breach so waived and shall not limit the rights of the Lessor with re- spect to any future breach; nor shall the waiver of a particular cause of forfeiture prevent cancellation of this lease for any other cause, or for the same cause occurring at another time. Sec. 7. It is mutually agreed: Mining Methods. That this lease does not author- ize the mining or removal of the mineral deposits by stripping, rim cutting, or open pit methods without the prior written -9- approval of the Authorized Officer and on such conditions as he may prescribe. Reduction or Smelting of Ores. That the reduc- tion or smelting ofrores on the leased land'is expressly pro? hibited in the absence of an agreement between the Lessee and the Authorized Officer authorizing such use of the surface of the land and providing for the necessary protection of life and property. Such agreement shall contain all of the terms and conditions under which the reduction or smelting of ores may be carried on and any violation of that agreement shall be con- sidered a violation of the terms of this lease for the purpose of Section 10. Uses and Disposition of Surface. That the leased land shall be subJect at all times to any other lawful uses or sale by the United States, its Lessees, Permittees, Licensees, and Assigns; provided that such uses or sale shall not prevent, obstruct, or unduly interfere with any privilege granted under this lease; Provided, that the Lessee shall recognize existing uses and commitments in the form of grazing, timber cutting, and special use permits, water developments, ditch, road, trail, pipeline, telephone and telegraph lines, fence, rights-of-way, and other similar improvements, and to conduct his operations so as to interfere as little as possible with the rights and privileges granted by these permits or with other existing uses. id) Granting Leases for Other Minerals. That the granting of this lease will not preclude the issuance of other leases of the same land for the purpose of mining and extract~ ing oil, gas, oil shale, coal, phosphate, potassium, sodium, and sulphur. Sec. 8. Relinquishment of Lease. The Lessee may surrender this lease or any one or more legal subdivisions included in the leased premises. If the lands are not described by legal subdivision, a partial relinquishment must describe definitely the lands surrendered and give the exact area thereof. A relinquishment must be filed in tri licate in the proper Land Office. Upon its acceptance, it wi?l Be effective as of the date it is filed, subject to the continued obligation of ther Lessee and his surety to make payment of all accrued rentals.and royalties,?and to provide for the preservation of any mines or productive works or permanent improvements on the lands in accordance with the regulations and terms of the lease, and for the faithful compliance of all the terms of the lease. Sec. 9. Removal of Equipment, etc., on Termination of Lease. On termination of this lease, by surrender, forfeiture, or otherWise, the Lessee shall have the privilege at any time within a period of one year thereafter of removing from the premises all machinery, equipment, tools, and materials, other than underground timbering placed by the Lessee in or on the leased lands, which are not necessary for the preservation of the mine. Any materials, tools, applicances, machinery, struc- tures, and equipment, subject to removal as above provided, which are allowed to remain on the leased land shall become the property of the Lessor on expiration of the one?year period or such extension thereof as may be granted by the Lessor, but the Lessee shall remove any or all of such property when so directed by the Lessor. -10- Sec. 0. Proceedings in Case of Default. If the Lessee does not comply with the applicable regulations made a part hereof or the terms of this lease and such default continues for a period of 30 days, or such longer period as the Lessor determines may be reasonably required to correct the default, after service of written notice thereof by the Lessor, the Lessor may insti- tute appropriate proceedings in a court of competent jurisdiction for the forfeiture and cancellation of this lease or seek such other administrative, legal or equitable remedies as may be ap- propriate. Furthermore, if the Lessee fails to take prompt and necessary steps to prevent loss or damage to the mine, property, or premises, or danger to the employees, the Lessor may enter on the premises and take such measures as may be deemed necessary to prevent such loss or damage, or to correct the dangerous or unsafe condition of the mine or works thereof, which shall be at the expense of the Lessee, but the Lessee shall not be held re- sponsible for delays Or casualties occasioned by causes beyond the Lessee's control. Sec. ll. Heirs and Successors-in-Interest. Each obliga- tion hereunder shall extend to and be binding upon, and every benefit hereof shall inure to, the heirs, executors, administra- .tors, successors, or assigns of the respective parties hereto. Sec. 12. Unlawful Interest. It is also further agreed that no Member of, or Delegate to, Congress, or Resident Commissioner, after his election or appointment, or either before or after he has qualified and during his continuance in office, and that no officer, agent, or employee of the De artment of the Interior, except as provided in #3 CFR shall be admitted to any are or part in this lease or derive any benefit that may arise therefrom; and the provisions of Section 3741 of the Revised Statutes of the United States, as amended (41 U.S.C., Sec. 22), and sections 431, 432, and #33, Title 18 U.S.C., relating to con- tracts, enter into and form a part of this lease so far as the same may be applicable. Sec. 13. Special Stipulations. In conformity with the principles of the Ship?s stead-Newton?Nolan Act of July 10, 1930 (16 U.S.C. 577), no oc- cupancy or use of the surface within 400 feet of the shoreline of any lake or stream is authorized without the written approval of the AuthoriZed Officer. Any and all operations authorized by this lease shall be done in accordance with a plan which must be submitted in triplicate and approved in writing by the Authorized Officarbe? fore such operations are begun. The operating plan will contain all such provisions as the Authorized Officer may reasonably determine are needed to maintain prOper administration of the lands and surface resources. Where appropriate, depending upon the location and type of operation, the Authorized Officer may require the plan to contain provisions concerning the following matters: 1. The location and extent of areas to be occupied during opera- ions. 2 The methods to be used in the operations. 2. The size and type of equipment to be used in the operations. . The capacity, character, standards of construction and size of all structures and facilities to be built.. 5. The location and size of areas upon which vegetation will be destroyed or soil will be laid bare. -11- 6. The steps which will be taken to prevent and control soil erosion. 7. The steps which will be taken to prevent water pollution. 8. The character, amount, and time of use of explosives or fire, including safety precautions which will be taken during their use. 9. The program proposed for rehabilitation and revegetation of disturbed lands. If later operations require departure from or additions to the approved plan, revisions or amendments will be submitted in tripli- cate, with statements of the reasons for changes or additions, to the Authorized Officer for approval. Any and all operations con? ducted in advance of approval of an original, revised, or amended operating plan, or which are not in accord with an approved plan, constitute violations of the terms of this lease. If minerals from the leased premises be shipped outside the United States for treatment, Lessee shall, upon the call of the Lessor, and provided that there be no imposition of tariff, cause to be returned for sale or for use in the operations of the Lessee or of its affiliates in the United States quantities of copper equal to the quantities recovered from the minerals so shipped during the time of the call. The copper so returned shall be priced on no different basis than would then_be appli- cable under circumstances prevailing had it been produced entirely within the United States and sold by-a domestic producer, so that the prices will be competitive with those of domestic producers. Within 12 months after approval by the Authorized Officer Lessee will carry out a program in respect of this lease and the companion lease issued this day of drilling to ascertain the facts which will be essential to instituting production, and also will ship to the pilot plants of its parent company in Ontario, Canada, not less than 1,000 tons of ore to seek appropri? ate extractive metallurgical procedures therefor. The anticipated cost of the drilling program, to cover from 10,000 to 20,000 feet of drilling at an average cost of $10 per foot is $200,000. ?Ihe estimated cost of preparing, transporting and treating the ore sample is $125,000 to $200,000; in addition revisions in and additions to the pilot plants in connection therewith are estimated to cost about $250,000. Sec. l4._ Royalty Adjustment. If the Lessee shall have sunk a shaft for underground exploration or development or shall have otherwise commenced commercial development of the premises leased under this_lease (or the companion lease issued to Lessee this day) within five years after the Regional Mining Supervisor shall have determined that the Federal and State governments have granted all necessary rights and authorizations for the construction, operation and maintenance of the leased premises, the rate of royalty payable under Section 2(b) with respect to the second ten -years of the primary lease term shall be 4% in lieu of 4-1/2% as provided therein and the rates of royalty set forth in Section 5 shall not exceed (1) 4?1/2% during the first ten-year renewal -12- period, (ii) 5-1/2% during the second ten-year renewal period, and 6% during the third ten-year renewal period. SIGNATURE OF THE UNITED STATES OF AMERICA THE INTERNATIONAL NICKEL ti COMPANY, INC. By 626~e-~ ?1 (Signing officer) Land Office Manager . Eastern (Title) JUN 1_4 1966? (Date) If this leaSe is executed by a corporation, it must bear the corporate seal. EQUAL OPPORTUNITY The andiscrimination Clause, regarding "Equal Opportunity," in the attached mineral permit or lease, is amended by deleting references to the President's Committee on Equal Employment Opportunity, Executive Order No. 10925 of March 6, 1961, as amended, and section 303 of Executive Order No. 10925 of March 6, 1961, as amended; and substituting therefor the Secretary of Labor, Executive Order No. 112h6 of September 2M, 1965, and section 20h of Executive Order No. 112h6 of September 2M, 1965, respectively. In accordance with regulations of the Secretary of Labor, the rules, regulations, orders, instructions, designations, and other directives referred to in section h03(b) of Executive Order No. 112h6, remain in effect and, where applicable, shall be observed in the performance of this contract until revoked or superseded by appropriate authority. EASEEN smums *4 01353 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT MINERAL LEASE This lease entered into on the lab day of June,l966, between the United States of America, as Lessor, through the Bureau of Land Management, and The International Nickel Company, Inc., a Delaware corporation with offices at 67 Wall Street, New York, New York, as Lessee, pursuant to the authority set out in, and subject to, Section 402 of the President's Reor- ganization Plan No. 3 of l9h6, 60 Stat. 1099, and the Act of June-30, 1950, 64 Stat. 311, and to all regulations of the Secretary of the Interior now in force when not inconsistent with any of the provisions herein. WITNESSETH: Sec. 1. Rights of Lessee. In consideration of the rents and royalties to be paid and conditions and covenants to be observed as herein set forth the Lessor grants to the Lessee, subject to all privileges and uses heretofore duly authorized and prior valid claims, the exclusive right to mine, remove, and dispose of all the copper and/or nickel minerals and associated minerals and, with the exception of oil, gas, oil shale, coal, phosphate, potassium, sodium, or sulphur, any other minerals in, upon, or under the following described lands in the United States, in the State of Minnesota: In Lake County: Township 62 North, Range 10 West of the Fourth Principal Meridian: . Section 19, All Section 20, . Section 29, N-l/2 Section 30, N-l/2 Lot 3 of SW-l/u) - Township 62 North, Range 11 West of the Fourth Principal Meridian: Section 24, Lot 7 SE?l/h of 3-1/2 of SE-l/u Section 25, N-l/2 W-l/2 of [undivided one-half interest] NE-l/h of Section 26, 3-1/2 of NE-l/u NE?l/h of sw-l/n E~l/2 of SE-l/u [undivided one?half interest] containingn27326SAQ acres, more or less, together with the right 4,33%w 9:7. 7/ 7? (SEE - . '3 -2- to construCt and maintain thereon such structures and other facili? ties as may be necessary or convenient for the mining, preparation, and removal of said minerals, for a period of twenty (20) years with a right in the Lessee to renew the same for successive Eeriods of ten -10) years each in accordance with regulation 3 CFR 3221.4 f) and the provisions of this lease. Authorized Agency Representative. The United States agency having administrative control over the surface use of the land is the Department of Agriculture and its authorized agency representative, hereinafter called the "Authorized Officer," to whom inquiries should be addressed is the Supervisor, Superior National Forest at Duluth, Minnesota. Sec. 2. In consideration of the foregoing, the Lessee agrees: Rentals. To pay to the Lessor annually in advance, beginning with the date of this lease, rental of one dollar for each acre or fraction thereof for each lease year until production commences, the rental payment for the year in which production commences to be credited on royalties that accrue during that lease year. Ro alt . To pay the Lessor within 30 days after the end of each periog prescribed in subsection e)_of this sec? tion a royalty at the rate of 4% during the irst ten years of the primary term and (ii) at the rate of 4?1/2% during the second 10 years of the primary term, of the gross value of the minerals mined hereunder which are shipped to the concentrating mill during each such period. Said value for the purposes of this Agreement shall be taken to be one-third of the market prices of a quantity of fully-refined copper and of a quantity of fully? refined nickel equal to the respective quantities of unrefined copper and unrefined nickel contained in said minerals so shipped to the concentrating mill. Minimum royalty. Beginning after the tenth year of the lease, except with respect to any periods during which operations are interrupted by strikes, the elements or casual- ties not attributable to the Lessee, to mine each year from the area covered by the lease a quantity of the leased minerals such that the royalties payable for said year under subsections and hereof will during the primary term of the lease be at least equal to $5 per annum per acre included in the leased premises at the beginning of such year, and during each renewal period of the lease be at least equal to $10 per annum per acre included in the leased premises at the beginning of such year; -or in lieu thereof to pay the Lessor as royalty within 30 days after the end of such year that amount which, when added to the royalties, if any, payable for said year under subsections and hereof, will equal the minimum royalty for that year herein provided. Lessor may in its discretion, waive, reduce, or suspend the minimum royalty payment for reasonable periods of time in the interest of conservation or when such action does not adversely affect the interest of the United States of America in accordance with the regulation 43 CFR 3222.6-2. Additional royalty. (1) In order to provide a royalty in respect of any associated products (as hereinafter defined), to pay the Lessor within 30 days after the end of each period prescribed in subsection of this section an addi- tional royalty of 0.3% of the gross value of the minerals mined under this lease (determined on the basis of their copper and nickel content as provided in subsection of this sec-, tion) which are shipped to the concentrating mill during such f3 \4 . .KJ -3- . period. During the first ten years of the lease such addi- tional royalty shall not be payable if the Lessee demonstrates that no associated products are being recovered from the minerals mined under this lease, but beginning after the tenth year of the lease, such additional royalty shall be payable whether or not associated products are recovered from the minerals mined under this lease. (2) The Lessee will also pay the Lessor within 90 days after the end of each lease year a further additional royalty of 1% of the amount, if any, by which the gross value of associated products exceeds 20% of the aggregate market price as fully? refined metals of the quantity of copper and nickel contained in the minerals mined under this lease which are shipped to the concentrating mill during such lease year. At the request of either party following any lease, year for which said 1% royalty has been payable and the gross value of associated products ex- ceeds 30% of the said aggregate market price, representatives of the Lessor and the Lessee shall meet at a mutually agreeable time to consider and decide whether additional royalty for as? sociated products shall continue to be payable as provided in this subsection or shall (in lieu thereof) be payable on such basis as may be negotiated. In connection with such meet? ing the Lessee will make a reasonable investigation to ascertain insofar as practicable the volume of associated products which appear to be currently recovered from the minerals mined under this lease, and will provide the Lessor with the results of this investigation. (3) For purposes of this agreement, the term ?associated products? shall mean fully-refined chemical elements (other than copper and nickel) not further processed and (ii) end products containing such elements produced by the Lessee (prior to full refining) for their value as such (other than products valuable chiefly by reason of their copper and/or nickel con- tent), which are, in either case, recovered by the Lessee from minerals mined under this lease and sold or used by the Lessee during the lease year for which additional royalty, if any, is due; and the gross value of such products shall be taken to be the aggregate of the market prices of the respective quantities of associated products so sold or used by the Lessee. Statement. To furnish for each month or such longer period as may 5e prescribed by the Regional Mining . Supervisor of the Geological Survey, statements in detail in such form as may be prescribed by him, of the amount and value under subsection of this section of the minerals mined here? under which are shipped to the concentrating mill during such period, for use in determining royalties, such statements to be furnished within 30 days from the close of such period. Falsi? fication of such statements shall be grounds for cancellation of the lease. Market prices. For the purposes of this section the "market price of fully-refined copper" per pound shall be the average of the average prices per pOund for Domestic Refinery Electrolytic Copper in carload lots, f.o.b. Atlantic Seaboard refineries, published in E. M. J. Metal and Mineral Markets for the period for which the royalty is being computed, and the "market price offully-refined nickel? per pound shall be the average of the average prices per.pound for nickel electrolytic nickel cathodes) in carload lots, f.o.b. Port Colborne, Ontario, Canada, United States import duty (if any) included, published in E. M. J. Metal and Mineral Markets for the period for which royalty is being computed; and the respective "market prices of associated products" per unit -4- shall be the average of the average prices per unit for such respective products in their usual and customary shipping quantities, f.o.b. their usual and customary place of disposal, published in E. M. J. Metal and Mineral Markets for the period for which additional royalty, if any, is being computed. 8g) Bond. To furnish and maintain a bond in the sum of 10,00 .00 . conditioned upon compliance with the terms and conditions of this lease, and to increase the amount thereof or furnish such other bond as may be required. . Inspection. To permit at all reasonable times: (1) inspection any authorized officer of the leased premises and all surface and underground improvements, works, machinery, equipment, and all books and records pertaining to operations and surveys or investigations under this lease; and (2) the Lessor to make copies of and extracts from any or all books and records pertaining to operations under this lease. Maps--Reports. To furnish, in duplicate, to the Regional Mining Supervisor, at such times as he may require, a plat in the manner and form prescribed by him showing prospect~ ing and development work and improvements on the leased land and other related information, with a report as to all buildings, rstructures, and other works or equipment, situated elsewhere and owned or operated in conjunction with, or as a part of the operations conducted hereunder. (J) To comply with all regulations of-the Secretary of the Interior and the Secretary of Agriculture applicable to the leased premises which are under his Jurisdiction; and to conduct operations in an orderly regulations in 30 CFR, Part ease?ehna the applicable Federal and State laws; and to exercise reasonable diligence, skill, and care in the operation of the property; and to carry on all?uf operations in accordance with approved methods and practices, having due regard for the prevention of damage to mineral de- (314) posits, water horizons and property, injury to life and health, 1- and economic waste. TaXes. To pay when due all taxes lawfully assessed and levied under the laws of the State or the United States upon improvements, output of mines, and other rights, property, and assets of the Lessee. (1) Deliver Premises. To deliver up to the Lessor in good order and condition and subject to the provisions of Section 9 hereof on the termination of this lease as a result of forfeiture thereof the lands covered thereby, including all underground timbering and such other supports and structures as are necessary for the preservation of the mine. Assi nment. Not to assign this lease, or any interest therein, whe her by direct assignment, operating agreement, working or royalty interest, or otherwise, nor sub- let any portion of the leaSed premises, except with the approval in writing of the Lessor. All such assignments or subleases must be submitted in triplicate within 90 days from the date of execution and must con a all of the terms and conditions agreed upon by the parties thereto. Not to create overriding royalgies in excess of those authorized by regulation 43 CFR 322 .1. An assignment of all or part of the record title to a portion of the-acreage in the lease shall separate the lease into separate leaseholds and the terms hereof shall apply otherwise provided by law. (7) The Lessee will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the President's Committee on Equal Employment Opportunity-issued pursuant to section 303 of Executive Order No. 10925 of March 6, 1961, as amended, so that such provisions will be binding upon each sub- contractor or vendor. The Lessee will take such action with respect to any subcontract or purchase order as the contract- ing agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Lessee becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Lessee may re? quest the United States to enter into such litigation to pro- tect the interests of the United States. (0) Payments. Rentals under this lease shall be paid to the Manager 0 the proper Land Office, except that when this lease becomes productive the rentals an royalties shall be paid to the Regional Mining Supervisor of the United States Geological Survey, with whom all reports con? cerning operations under the lease shall be filed. All remit- tances to the Bureau of Land Management shall be made payable to the Bureau of Land Management, those to the Geological Survey shall be made payable to the United States Geological Survey. Sec. 3. Lessee further agrees: Protection of Property. To conduct all operations hereunder with due regard?for good land management, not to cut or destroy timber without previous permission_from the Authorized Officer and to pay for such timber at rates prescribed by him; to avoid damage to improvements, timber, crops, or other cover; unless otherwise authorized by the Authorized Officer, not drill any well, carry on operations, make excavations, construct tunnels, drill, or otherwise disturb the surface of the lands within 200 feet of any building thereon and whenever required in writing by the Authorized Officer, and upon any partial or total relinquish- ment, cancellation or termination of this lease as to that portion of the land to which his rights have terminated, to fence or fill all sump holes, ditches and other excavations, remove or cover all debris, and so far as reasonably possible, reseed or otherwise restore the surface of the lands to their former condition, or to a productive or other condition satisfactory to the Authorized Officer, including the removal of structures as and if required, and when required by such Officer to bury all pipelines below plow depth. Fire precautions. To do all in his power to prevent and suppress?Tires on the land and vicinity; and to require his employees, contractors, and subcontractors to do likewise. Unless prevented by circumstances over which he has no control, to place his employees, contractors, and sub- contractors at the disposal of the Authorized Officer for the purpose of fighting fires on or originating on the land or on adjacent areas or caused by the negligence of the Lessee or his employees, contractors, and subcontractors, with the understanding that payment for such services shall be made at rates to be determined by such Authorized Officer but not less than the current rates of pay prevailing in the vicinity for services of a similar character: Provided, that if the -5- separately to the segregated portions. Advance annual rental payments, if previously terminated, shall be resumed as to an undeveloped segregated portion on the next anniversary date of the lease; the minimum royalty payment herein specified shall apply separately to the segregated portions and the time allowed within which to commence operations on an undeveloped segregated portion shall be such reasonable period as shall be prescribed by the Lessor at the time the assignment is approved. Nondiscrimination Clauses. In connection with the performance of work under this contract, the Lessee agrees as follows: . The Lessee will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Lessee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the authorized contracting officer setting forth the provisions of this nondiscrimination clause. (2) The Lessee will, in all solicitations or advertise- ments for employees placed by or on behalf of the Lessee state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The Lessee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the said labor union or workers? representative of the Lessee's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Lessee will comply with all provisions of Executive Order No. 10925 of March 6, 1961, as amended, and of the rules, regulations, and relevant orders of the President's Committee on Equal Employment Opportunity created thereby. (5) The Lessee will furnish all information and reports required by Executive Order No. 10925 of March 6, 1961, as amended, and by the rules, regulations,-and orders of the said Committee, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Committee for purposes of investigation to ascertain compli? ance with such rules, regulations, and orders. (6) In the event of the Lessee's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Lessee may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 10925 of March 6, 1961, as amended, and such other sanc- tions may be imposed and remedies invoked as provided in the said Executive Order or by rule, regulation, or order of the President's Committee on Equal Employment Opportunity, or as Vw . -7- Lessee, his employees, contractors, or subcontractors, or employees of any of them, caused or could have prevented the origin or spread of said fire or fires, no payment shall be made for services so rendered. During periods of serious fire danger, as may be specified by the Authorized Officer, the Lessee shall prohibit smoking and the building of camp and lunch fires by his employees, contractors, and subcontractors, within the leased area except at established camps,and shall enforce this prohibition by all means within his power: Provided, that the Authorized Officer may designate safe places where, after all inflammable material has been cleared away, campfires may be built for the purpose of heating lunches and where, at the option of the Lessee, smoking may be permitted. The Lessee will not burn rubbish, trash, or other inflammable materials except with the consent of the Authorized Officer. The Lessee shall build or construct such fire lines or do such clearing on the land as the Authorized Officer decides is essential for forest, brush, and grass fire prevention which is or may be necessitated by the exercise of the privileges authorized by this lease, and shall maintain such fire tools at his headquarters or at the appropriate location on the land as are deemed necessary by such Officer. Approval of Construction. Not to clear or use the land for development or for construction purposes of any kind until a plan of construction and development therefor has been approved by the Authorized Officer and that in the location, design, construction and maintenance of all authorized works, camps, buildings, plants, waterways, roads, telegraph or tele- phone lines, pipelines, reservoirs, tanks, pumping stations, or other structures or clearance, Lessee shall do all things reasonably necessary to prevent or reduce scarring and erosion of the land, pollution of the water resources and any damage to the watershed. Damage to Property. To pay the Lessor or its tenant, as the case may be, for any and all damage to or destruction of property caused by the Lessee's operations here- under; to save and hold the Lessor or the surface owner or their tenants harmless from all damage or claims for damage to persons or property resulting from the Lessee's operations under this lease; and where the surface of the leased land is owned by other than the Lessor, to pay such owner, or his tenant, as the case may be, for damage or injury to livestock, crops, trees, pipelines, buildings, and other improvements of the - leased lands. That where construction, operation, or maintenance of any of the facilities on or connected with this lease causes damage to the watershed or pollution of the water resources, to repair such damage and to take such corrective measures as are required by the Authorized Officer, including the reseeding or other restoration of the vegetative cover. Protection of Livestock; Access to Leased Lands. -To install and maintain cattle guards to prevent the passage of livestock in any openings made in fences by the Lessee or his contractors to provide access to the lands covered by this lease for automotive and other equipment. Authorized Officer. All inquiries relating to this section should be addressed to the Authorized Officer ,named in Section l(b) of this lease. Sec. Lessee-?Agent. Prior to the beginning of opera- tions the Lessee shall appoint and maintain at all times during the term of this lease a local agent upon whom may be served ?written orders or notices respecting matters contained in this lease, and shall inform the Authorized Officer and the Regional -8- Mining Supervisor of the Geological Survey, in writing, of the name and address of such agent. If a substitute agent is ap? pointed, the Lessee shall immediately so inform the said Officers. Sec. 5. Renewal Terms. The Lessor shall have the right to reasonably readjust and fix royalties payable hereunder at the end of the primary term of this lease and thereafter at the end of each successive renewal thereof unless otherwise pro? vided by law at the time of the expiration of any such period, and to readjust other terms and conditions of the lease, in- cluding the revision of or imposition of stipulations for the protection of the surface of the land as may be required by the agency having Jurisdiction thereover; provided, however, that the Lessee shall have the right to three successive ten- year renewals of this lease with any readjustment in the royal- ties payable hereunder limited to that hereinafter provided and with no readjustment of any of the other terms and conditions of this lease unless at the end of the primary term of this lease the Lessee shall not have begun production, either hereunder or under the companion lease granted to the Lessee this day. The Secretary of the Interior may grant extensions of time for commencement of production in the interest of conservation or upon a satisfactory showing by the Lessee that the lease can? not be successfully operated at a profit or for other reasons, and the Lessee shall be entitled to renewal as herein provided without readjustment except of royalties payable hereunder if at the end of the primary or renewal period such an extension shall be in effect, but the Lessee shall not be entitled to subsequent such renewals unless it shall have begun production within the extended time. If the Lessee shall be entitled to renewal without readjustment except of royalties payable here- under, the Secretary of the Interior may in his discretion in? crease the royalty rate prescribed in subsection of Section 2 up to, but not exceeding (1) 5% during the first ten-year renewal period, (ii) 6% during the second ten-year renewal period, and 7% during the third ten?year renewal period. The extent of readjustment of royalty, if any, to be made under this section shall be determined prior to the commence- ment of the renewal period. Sec. 6. The Lessor expressly reserves: Rights Reserved. The right to permit for joint or several use easements or rights-of-way, including easements in tunnels upon, through, or in the land leased, occupied, or used as may be necessary or appropriate to the working of the same or other lands, and the preparation and shipment of the products thereof by or under authority Of the'Government, its Lessees or Permittees, and for other public purposesr Waiver of Conditions. The right to waive any breach of the covenants and conditions contained herein, but any such waiver shall extend only to the particular breach so waived and shall not limit the rights of the Lessor with re- spect to any future breach; nor shall the waiver of a particular cause of forfeiture prevent cancellation of this lease for any other cause, or for the same cause occurring at another time. Sec. 7. Hit is mutually agreed: . Mining Methods. That this lease does not author- . ize the mining or removal of the mineral deposits by stripping, rim cutting, or open pit methods without the prior written approval of the Authorized Officer and on such conditions as he may prescribe. Reduction or Smelting of Ores. That the reduc- tion or smelting of ores on the leased land is expressly pro- hibited in the absence of an agreement between the Lessee and the Authorized Officer authorizing such use of the surface of the land and providing for the necessary protection of life and property. Such agreement shall contain all of the terms and conditions under which the reduction or smelting of ores may be carried on and any violation of that agreement shall be con~ sidered a violation of the terms of this lease for the purpose of Section 10. Uses and Disposition of Surface. That the leased land shall be subject at all times to any other lawful uses or sale by the United States, its Lessees, Permittees, Licensees, and Assigns; provided that such uses or sale shall not prevent, obstruct, or unduly interfere with any privilege granted under this lease; Provided, that the Lessee shall recognize existing uses and commitments in the form of grazing, timber cutting, and special use permits, water developments, ditch, road, trail, pipeline, telephone and telegraph lines, fence, rights-of-way, and other similar improvements, and to conduct his operations so as to interfere as little as possible with the rights and privileges granted by these permits or with other existing uses. Granting Leases for Other Minerals. That the granting of this lease will not preclude the issuance of other leases of the same land for the purpose of mining and extract- ing oil, gas, oil shale, coal, phosphate, potassium, sodium, and sulphur. Sec. 8. Relinquishment of Lease. The Lessee may surrender this lease or any one or more legal subdivisions included in the leased premises. If the lands are not described by legal subdivision, a partial relinquishment must describe definitely the lands surrendered and give the exact area thereof. A relinquishment must be filed in tri licatg in the proper Land Office. Upon its acceptance, it wi?l Be effective as of the date it is filed, subject to the continued obligation of the Lessee and his surety to make payment of all accrued rentals and royalties, and to provide for the preservation of any mines or productive works or permanent improvements on the lands in accordance with the regulations and terms of the lease, and for the faithful compliance of all the terms of the lease. Sec. 9. Removal of Equipment, etc., on Termination of Lease. On termination of this lease, by surrender, forfeiture, or otherwise, the Lessee shall have the privilege at any time within a period of one year thereafter of removing from the premises all machinery, equipment, tools, and materials, other than underground timbering placed by the Lessee in or on the leased lands, which are not necessary for the preservation of the mine. ?Any materials, tools, applicances, machinery, struc? tures, and equipment, subject to removal as above provided, which are allowed to remain on the leased land shall become the property of the Lessor on expiration of the one-year period or such extension thereof as may be granted by the Lessor, but the Lessee shall remove any or all of such property when so directed by the Lessor. . . :-10- Sec. 10. Proceedings in Case of Default. If the Lessee does not comply with the applicable regulations made a part hereof or the terms of this lease and such default continues for a period of 30 days, or such longer period as the Lessor determines may be reasonably required to correct the default, after service of written notice thereof by the Lessor, the Lessor may insti~ tute appropriate proceedings in a court of competent jurisdiction for the forfeiture and cancellation of this lease or seek such other administrative, legal or equitable remedies as may be ap- propriate. Furthermore, if the Lessee fails to take prompt and necessary steps to prevent loss or damage to the mine, property, or premises, or danger to the employees, the Lessor may enter on the premises and take such measures as may be deemed necessary to prevent such loss or damage, or to correct the dangerous or unsafe condition of the mine or works thereof, which shall be at the expense of the Lessee, but the Lessee shall not be held re- sponsible for delays or casualties occasioned by causes beyond the Lessee's control. Sec. ll. Heirs and Successors-in-Interest. Each obliga~ tion hereunder Shall extend to and be binding upon, and every benefit hereof shall inure to, the heirs, executors, administra- '_tors, successors, or assigns of the respective parties hereto. Sec. 12. Unlawful Interest. It is also further agreed that no Member of, or Delegate to, Congress, or Resident Commissioner, after his election or appointment, or either before or after he has qualified and during his continuance in office, and that no officer, agent, or employee of the Department of the Interior, except as provided in 43 CFR shall be admitted to any are or part in this lease or derive any benefit that may arise therefrom; and the provisions of Section 37?l of the Revised Statutes of the United States, as amended (Al U.S.C., Sec. 22), and sections #31, #32, and 433, Title 18 U.S.C., relating to con? tracts, enter into and form a part of this lease so far as the same may be applicable. Sec. 13. Special Stipulations. In conformity with the principles of the Ship; stead-Newton-Nolan Act of July 10, 1930 (16 U.S.C. 577), no oc- cupancy or use of the surface within #00 feet of the shoreline of any lake or stream is authorized without the written approval of the Authorized Officer. Any and all operations authorized by this lease shall be done in accordance with a plan which must be submitted in triplicate and approved in writing by the Authorized Officarbe? fore such operations are begun. The operating plan will contain all such provisions as the Authorized Officer may reasonably determine are needed to maintain proper administration of the lands and surface resources. Where appropriate, depending upon the location and type of operation, the Authorized Officer may require the plan to contain provisions concerning the following matters: 1. The location and extent of areas to be occupied during opera- - tions. 2. The methods to be used in the operations. a. The size and type of equipment to be used in the operations. . The capacity, character, standards of construction and size of all structures and facilities to be built.. 5 The location and size of areas upon which vegetation will be destrOyed or soil will be laid bare. 3? i r- -11- 6. The steps which will be taken to prevent and control soil erosion. . The steps which will be taken to prevent water pollution. The character, amount, and time of use of explosives or fire, including safety precautions which will be taken during their use. 9. The program proposed for rehabilitation and revegetation of disturbed lands. 03"] If later operations require departure from or additions to the approved plan, revisions or amendments will be submitted in tripli~ cate, with statements of the reasons for changes or additions, to the Authorized Officer for approval. Any and all operations con? ducted in advance of approval of an original, revised, or amended operating plan, or which are not in accord with an approved plan, constitute violations of the terms of this lease. If minerals from the leased premises be shipped outside the United States for treatment, Lessee shall, upon the call of the Lessor, and provided that there be no imposition of tariff, cause to be returned for sale or for use in the operations ~of the Lessee or of its affiliates in the United States quantities of copper equal to the quantities recovered from the minerals so shipped during the time of the call. The copper so returned shall be priced on no different basis than would then be appli- cable under circumstances prevailing had it been produced entirely within the United States and sold by a domestic producer, so that the prices will be competitive with those of domestic producers. Within 12 months after approval by the Authorized Officer Lessee will carry out a program in respect of this lease and the companion lease issued this day of drilling to ascertain the facts which will be essential to instituting production, and also will ship to the pilot plants of its parent company in Ontario, Canada, not less than 1,000 tons of ore to seek appropri- ate extractive metallurgical procedures therefor. The anticipated cost of the drilling program, to cover from 10,000 to 20,000 feet of drilling at an average cost of $10 per foot is $200,000. J'he estimated cost of preparing, transporting and treating the ore sample is $125,000 to $200,000; in addition revisions in and additions to the pilot plants in connection therewith are estimated to cost about $250,000. Sec. Royalty Adjustment. If the Lessee shall have a shaft for underground exploration or development or shall have otherwise commenced commercial development of the premises leased under this lease (or the companion lease issued to Lessee this - day) within five years after the Regional Mining Supervisor shall -have determined that the Federal and State governments have granted . all necessary rights and authorizations for the construction, operation and maintenance of the leased premises, the rate of royalty payable under Section 2(b) with respect to the second ten ?years of the primary lease term shall be 4% in lieu of u-1/2% as provided therein and the rates of royalty set forth in Section 5 shall not_exceed h-l/2% during the first ten?year renewal . \l i i" .E -12- period, (11) 5-1/2% during the second ten-year renewal period, and 6% during the third ten-year renewal period. SIGNATURE OF THE UNITED STATES OF AMERICA INTERNATIONAL NICKEL E: . COMPANY, INC. By Maw?u 4 (Signing Officer) Land Office Manager th?nn / From: Sent: To: CC: Subject: Attachments: "Hawbecker, Karen" Tue Oct 03 2017 14:35:03 GMT-0600 (MDT) David Bernhardt <(b) (6) @ios.doi.gov> Daniel Jorjani , Jack Haugrud , "Moody, Aaron" , Briana Collier , Gareth Rees Background materials for Twin Metals briefing 2017.08.09 Draft Lease Renewal Scenarios w. comment.docx 2017.10.03 Twin Metals litigation briefing paper.docx 2017.07.24 SuperiorNF_Mineral Withdrawl_Briefing Paper July 24 2017 from ESO to WO (1).docx David, I've attached for your reference three background documents for the Twin Metals briefing tomorrow morning. The documents include a briefing paper about the Twin Metals lease history and litigation, a lease renewal scenarios paper, and a July 24 BLM briefing paper about the USFS withdrawal application. We'll see you tomorrow. --Karen "Hawbecker, Karen" From: Sent: To: "Hawbecker, Karen" Tue Oct 03 2017 14:38:42 GMT-0600 (MDT) Richard McNeer , Roy Fuller , "Sklar, Ryan" , Joshua Hanson CC: Subject: Attachments: Briana Collier , "Moody, Aaron" Fwd: Background materials for Twin Metals briefing 2017.08.09 Draft Lease Renewal Scenarios w. comment.docx 2017.10.03 Twin Metals litigation briefing paper.docx 2017.07.24 SuperiorNF_Mineral Withdrawl_Briefing Paper July 24 2017 from ESO to WO (1).docx FYI--these are the documents we shared with the Deputy Secretary. --Karen ---------- Forwarded message ---------From: Hawbecker, Karen Date: Tue, Oct 3, 2017 at 4:35 PM Subject: Background materials for Twin Metals briefing To: David Bernhardt <(b) (6) @ios.doi.gov> Cc: Daniel Jorjani , Jack Haugrud , "Moody, Aaron" , Briana Collier , Gareth Rees David, I've attached for your reference three background documents for the Twin Metals briefing tomorrow morning. The documents include a briefing paper about the Twin Metals lease history and litigation, a lease renewal scenarios paper, and a July 24 BLM briefing paper about the USFS withdrawal application. We'll see you tomorrow. --Karen Twin Metals Potential Scenarios for Lease Renewal Attomey-Client Privilege/Attorney Work Product MEMORANDUM FOR DEPUTY SECRETARY DATE: October 3. 2017 THROUGH: K. Jack Haugiud Deputy Solicitor, Energy and Mineral Resources FROM: Karen Hawbecker Associate Solicitor. Mineral Resources SUBJECT: ranconia Alinera/s v. United States. No. 16-3042 (D. Minn.) Involving the Denied Renewal of Federal Hardrock Mineral Leases MNES 1352 and 1353 4 INFORMATION/BRIEFING MEMORANDUM FOR THE ASSISTANT SECRETARY – LAND AND MINERALS MANAGEMENT DATE: July 24, 2017 FROM: Michael D. Nedd, Acting Director – Bureau of Land Management SUBJECT: Update on Proposed Withdrawal – Twin Metals – Superior National Forest The purpose of this memorandum is to provide background information about an application dated and submitted on December 14, 2016, by the U.S. Forest Service, proposing a withdrawal from mineral leasing laws on approximately 234,328 acres of Federal mineral estate within the Superior National Forest, northern Minnesota, near the Boundary Waters Canoe Area Wilderness (BWCAW). Authority to approve or deny applications for withdrawals is delegated to the Secretary of the Interior (unless superseded by Congress), including lands managed by the Forest Service (Sec. 204 FLPMA). The proposed mineral withdrawal would be subject to valid existing rights. The application specifically requests withdrawal from the following mineral leasing laws: • Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. l8l et seq.); • Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U.S.C. 351-359); • Section 402 of the President's Reorganization Plan No. 3 of 1946; and • 60 Stat. 1097, 1099-1100, and the statutes it lists, and 16 U.S.C. 508b. KEY FACTS • Number of acres proposed for withdrawal: 234,328 • Initial segregation: Two years. • Subsequent withdrawal: 20 years, if approved. • Number of different mineral interests/permits/applications within the proposed withdrawal area: 46, not including the two leases that the BLM declined to renew, and are under litigation. • Number of other projects that are impacted: Unknown. There are 46 pending actions or permit applications in the area of the withdrawal. It is not known how many could result in mining projects that would create new mining industry or transportation jobs. • Currently there are four Preference Right Lease Applications (PRLA) pending in this area, for which two Preliminary Valuable Deposit Determinations (Determination) have been completed. The Determinations only cover a small portion of the Maturi deposit in the Duluth Complex. The withdrawal area is much larger than that of the deposit. • The Determination results and related financial estimates are propriety in nature and confidential. • The types of mineral deposits known to exist in this area are copper, nickel, palladium, platinum, gold, and silver. The deposits contain “strategic minerals” because of technological applications, but do not contain rare earth minerals. • Stakeholders’ positions in the state of Minnesota are deeply divided. Virtually all constituents expressed an interest in protecting the BWCAW. One group believes that the potential for jobs could be significant and that the risk of acid drainage into the BWCAW can be minimized. The other group, including Minnesota Governor Mark Dayton, believes that the potential for harm to the BWCAW is too high and not worth the risk. BACKGROUND The Superior National Forest lands subject to the segregation and withdrawal application include part of the Duluth Complex, a geologic complex that contains ore rich in copper, nickel, palladium, platinum, gold, and silver. It also overlaps the Rainy River Watershed, which includes the nearby BWCAW, the only large lake-land wilderness in the National Wilderness Preservation System. The BLM completed a confidential Determination in late 2014 based on a review of data from 550 core holes and other geophysical information gathered by Twin Metals Minnesota, LLC (TMM), which holds the majority of Federal hard rock prospecting permits within the Superior National Forest. The Determination has not been released to the public nor has TMM been notified of the results. The information contained in the report is proprietary and confidential and cannot be released. As per TMMs application, the completed Determination (MNES-57965) included all lands from prospecting permit (MNES-50652) as well as part of the lands from permit another permit (MNES-50846). A Determination for a second prospecting permit is in progress. It should be noted that the Determinations only cover a minority portion of the mineral deposit in question. Potential for Recreation-based Employment The Forest Service withdrawal application identified the purpose of the proposed withdrawal as follows: “… to protect National Forest System lands (and waters) located in the Rainy River Watershed, the BWCAW, and the MPA [Mining Protection Area] from the adverse environmental impacts, including potential irreparable harm, arising from exploration and development of Federally-owned minerals conducted pursuant to the mineral leasing laws.” The unique water-based recreation opportunities that the BWCAW provides attract many visitors and provide an economic driver to local communities supporting hospitality and other services dependent on fishing, boating, sightseeing, and wilderness experiences, according to information supplied by the U.S. Forest Service. In 2015, 150,000 people visited the BWCAW. Tourism has generated an average of $44.5 million annually in local economic activity, according to the Forest Service. Potential for Getting America Back to Work in Mining Industry Jobs Industry interest in developing the minerals in the proposed withdrawal area is high. TMM holds the majority interest. Part of the withdrawal area is in St. Louis County, Minnesota, where mining employment has declined from more than 12,000 jobs in 1980 to approximately 3,000 jobs in 2009, primarily due to the reduction in workforce at taconite (a low-grade iron ore) mines. According to TMM, mining in this region “will create thousands of jobs during construction and hundreds of direct full-time jobs when the mine is in operation. According to a University of Minnesota Duluth study, the Project would generate approximately two more additional indirect 2 jobs per direct job at the mine site in the region?s economy.? See table below for an overview of previous and pending actions indicating the potential for mineral development. ACTIONS COUNT COMMENT Renewal request ?led timely; USFS 1966 Lease Renewal 2 denied consent; BLM declined to renew on 12/ 1 5/201 6; litigation pending Preference Right Lease Application 4 Three from TMM and 1 ?'om Encampment . . . . Pending with BLM for applications ?led New Prospecting Permit Applications 24 between 4/25/2008 and 9/19/2016 Permits wuh Pending 18 Extension Requests ?led timely Extensmn Requests TOTAL PENDING APPLICATIONS 48 Employment levels are highly dependent 011 the ?uctuating market price of the minerals being extracted. The median income of the local conmlunities is signi?cantly lower than that of the state as a whole. Twin Metals Potential Scenarios for Lease Renewal Attomey-Client Privilege/Attorney Work Product MEMORANDUM FOR DEPUTY SECRETARY DATE: October 3. 2017 THROUGH: K. Jack Haugiud Deputy Solicitor, Energy and Mineral Resources FROM: Karen Hawbecker Associate Solicitor. Mineral Resources SUBJECT: ranconia Alinera/s v. United States. No. 16-3042 (D. Minn.) Involving the Denied Renewal of Federal Hardrock Mineral Leases MNES 1352 and 1353 4 INFORMATION/BRIEFING MEMORANDUM FOR THE ASSISTANT SECRETARY – LAND AND MINERALS MANAGEMENT DATE: July 24, 2017 FROM: Michael D. Nedd, Acting Director – Bureau of Land Management SUBJECT: Update on Proposed Withdrawal – Twin Metals – Superior National Forest The purpose of this memorandum is to provide background information about an application dated and submitted on December 14, 2016, by the U.S. Forest Service, proposing a withdrawal from mineral leasing laws on approximately 234,328 acres of Federal mineral estate within the Superior National Forest, northern Minnesota, near the Boundary Waters Canoe Area Wilderness (BWCAW). Authority to approve or deny applications for withdrawals is delegated to the Secretary of the Interior (unless superseded by Congress), including lands managed by the Forest Service (Sec. 204 FLPMA). The proposed mineral withdrawal would be subject to valid existing rights. The application specifically requests withdrawal from the following mineral leasing laws: • Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. l8l et seq.); • Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U.S.C. 351-359); • Section 402 of the President's Reorganization Plan No. 3 of 1946; and • 60 Stat. 1097, 1099-1100, and the statutes it lists, and 16 U.S.C. 508b. KEY FACTS • Number of acres proposed for withdrawal: 234,328 • Initial segregation: Two years. • Subsequent withdrawal: 20 years, if approved. • Number of different mineral interests/permits/applications within the proposed withdrawal area: 46, not including the two leases that the BLM declined to renew, and are under litigation. • Number of other projects that are impacted: Unknown. There are 46 pending actions or permit applications in the area of the withdrawal. It is not known how many could result in mining projects that would create new mining industry or transportation jobs. • Currently there are four Preference Right Lease Applications (PRLA) pending in this area, for which two Preliminary Valuable Deposit Determinations (Determination) have been completed. The Determinations only cover a small portion of the Maturi deposit in the Duluth Complex. The withdrawal area is much larger than that of the deposit. • The Determination results and related financial estimates are propriety in nature and confidential. • The types of mineral deposits known to exist in this area are copper, nickel, palladium, platinum, gold, and silver. The deposits contain “strategic minerals” because of technological applications, but do not contain rare earth minerals. • Stakeholders’ positions in the state of Minnesota are deeply divided. Virtually all constituents expressed an interest in protecting the BWCAW. One group believes that the potential for jobs could be significant and that the risk of acid drainage into the BWCAW can be minimized. The other group, including Minnesota Governor Mark Dayton, believes that the potential for harm to the BWCAW is too high and not worth the risk. BACKGROUND The Superior National Forest lands subject to the segregation and withdrawal application include part of the Duluth Complex, a geologic complex that contains ore rich in copper, nickel, palladium, platinum, gold, and silver. It also overlaps the Rainy River Watershed, which includes the nearby BWCAW, the only large lake-land wilderness in the National Wilderness Preservation System. The BLM completed a confidential Determination in late 2014 based on a review of data from 550 core holes and other geophysical information gathered by Twin Metals Minnesota, LLC (TMM), which holds the majority of Federal hard rock prospecting permits within the Superior National Forest. The Determination has not been released to the public nor has TMM been notified of the results. The information contained in the report is proprietary and confidential and cannot be released. As per TMMs application, the completed Determination (MNES-57965) included all lands from prospecting permit (MNES-50652) as well as part of the lands from permit another permit (MNES-50846). A Determination for a second prospecting permit is in progress. It should be noted that the Determinations only cover a minority portion of the mineral deposit in question. Potential for Recreation-based Employment The Forest Service withdrawal application identified the purpose of the proposed withdrawal as follows: “… to protect National Forest System lands (and waters) located in the Rainy River Watershed, the BWCAW, and the MPA [Mining Protection Area] from the adverse environmental impacts, including potential irreparable harm, arising from exploration and development of Federally-owned minerals conducted pursuant to the mineral leasing laws.” The unique water-based recreation opportunities that the BWCAW provides attract many visitors and provide an economic driver to local communities supporting hospitality and other services dependent on fishing, boating, sightseeing, and wilderness experiences, according to information supplied by the U.S. Forest Service. In 2015, 150,000 people visited the BWCAW. Tourism has generated an average of $44.5 million annually in local economic activity, according to the Forest Service. Potential for Getting America Back to Work in Mining Industry Jobs Industry interest in developing the minerals in the proposed withdrawal area is high. TMM holds the majority interest. Part of the withdrawal area is in St. Louis County, Minnesota, where mining employment has declined from more than 12,000 jobs in 1980 to approximately 3,000 jobs in 2009, primarily due to the reduction in workforce at taconite (a low-grade iron ore) mines. According to TMM, mining in this region “will create thousands of jobs during construction and hundreds of direct full-time jobs when the mine is in operation. According to a University of Minnesota Duluth study, the Project would generate approximately two more additional indirect 2 jobs per direct job at the mine site in the region?s economy.? See table below for an overview of previous and pending actions indicating the potential for mineral development. ACTIONS COUNT COMMENT Renewal request ?led timely; USFS 1966 Lease Renewal 2 denied consent; BLM declined to renew on 12/ 1 5/201 6; litigation pending Preference Right Lease Application 4 Three from TMM and 1 ?'om Encampment . . . . Pending with BLM for applications ?led New Prospecting Permit Applications 24 between 4/25/2008 and 9/19/2016 Permits wuh Pending 18 Extension Requests ?led timely Extensmn Requests TOTAL PENDING APPLICATIONS 48 Employment levels are highly dependent 011 the ?uctuating market price of the minerals being extracted. The median income of the local conmlunities is signi?cantly lower than that of the state as a whole. Label: "Twin Metals/TMM FOIA request/SOL-2018-00089/Harris" Created by:briana.collier@sol.doi.gov Total Messages in label:43 (5 conversations) Created: 08-07-2018 at 13:11 PM Conversation Contents Fwd: are you here today or working? Attachments: /1. Fwd: are you here today or working?/1.1 M-37049 withdrawal of M-37036 re Twin Metals leasing.docx "Harris, Steve" From: Sent: To: Subject: Attachments: "Harris, Steve" Tue Aug 07 2018 11:09:36 GMT-0600 (MDT) Briana Collier Fwd: are you here today or working? M-37049 withdrawal of M-37036 re Twin Metals leasing.docx 1 of 13 (Sorry, I can't find any multiple gmail forwarding feature. Forwarded conversation Subject: are you here today or working? -----------------------From: Caminiti, Mariagrazia Date: Mon, Dec 11, 2017 at 3:13 PM To: Steve Harris -- Marigrace Caminiti Executive Assistant to the Solicitor US Department of the Interior 1849 C Street, NW, Rm. 6352 Washington, DC 20240 202-208-4423 - main number 202-208-3111 - direct 202-208-5584 - fax 202-528-0486 or 202-359-2949 -cell/wcell ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you receive this Message in error, please notify the sender immediately and destroy all copies. ---------- From: Harris, Steve Date: Mon, Dec 11,2017 at 3:15 PM To: "Caminiti, Mariagrazia" I'm working from home. I'm getting ready to sign off in a few minutes. I'm coming in tomorrow. Steve Harris Paralegal Specialist Division of Mineral Resources Of?ce of the Solicitor US. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. From: Caminiti, Mariagrazia Date: Mon, Dec 11,2017 at 3:19 PM To: "Harris, Steve" can you check a cite for me - there's something wrong with it -twin metals.? From: Harris, Steve Date: Mon, Dec 11,2017 at 3:21 PM To: "Caminiti, Mariagrazia" Let me From: Harris, Steve Date: Mon, Dec 11,2017 at 3:39 PM To: "Caminiti, Mariagrazia" OK. Here's the quote: It looks to me Steve Harris Paralegal Specialist Division of Mineral Resources Of?ce of the Solicitor US. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. "Collier, Briana" From: "Collier, Briana" Sent: Tue Aug 07 2018 11:19:48 GMT-0600 (MDT) To: "Harris, Steve" Subject: Re: are you here today or working? Thanks Steve. We use the DMU tool now. Here are instructions, just so you have them. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (505) 248-5604 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Tue, Aug 7, 2018 at 11:09 AM, Harris, Steve wrote: 1 of 13 (Sorry, I can't ?nd any multiple gmail forwarding feature. Forwarded conversation Subject: are you here today or working? From: Caminiti, Mariagrazia Date: Mon, Dec 11,2017 at 3:13 PM To: Steve Harris Marigrace Caminiti Executive Assistant to the Solicitor US Department of the Interior 1849 Street, NW, Rm. 6352 Washington, DC 20240 202-208-4423 - main number 202-208-3111 - direct 202-208-5584 - fax 202-528-0486 or 202-359-2949 -cel /wcell NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. Ifyou are not the intended recipient, you are hereby noti?ed that any dissemination; distribution copying or use of this message or its contents is suictly prohibited. Ifyou receive this Message in error, please notify the sender immediately and destroy all copies. From: Harris, Steve Date: Mon, Dec 11,2017 at 3:15 PM To: "Caminiti, Mariagrazia" I'm working from home. I'm getting ready to sign off in a few minutes. I'm coming in tomorrow. Steve Harris Paralegal Specialist Division of Mineral Resources Of?ce of the Solicitor US. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. From: Caminiti, Mariagrazia Date: Mon, Dec 11, 2017 at 3:19 PM To: "Harris, Steve" can you check a cite for me - there's something wrong with it -twin metals? From: Harris, Steve Date: Mon, Dec 11, 2017 at 3:21 PM To: "Caminiti, Mariagrazia" Let me From: Harris, Steve Date: Mon, Dec 11, 2017 at 3:39 PM To: "Caminiti, Mariagrazia" OK. Here's the quote: It looks to me like? Steve Harris Paralegal Specialist Division of Mineral Resources Of?ce of the Solicitor US. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. "Harris, Steve" From: "Harris, Steve" Sent: Tue Aug 07 2018 11:24:10 GMT-0600 (MDT) To: "Collier, Briana" Subject: Re: are you here today or working? Ah. Thanks, Briana. I knew it was an issue, but I couldn't ?nd anything on my e-mail regarding it. On Tue, Aug 7, 2018 at 1:19 PM, Collier, Briana wrote: Thanks Steve. We use the DMU tool now. Here are instructions, just so you have them. Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave.. NW Ste.1800 Albuguergue, NM 87102 Phone: (505) 248-5604 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or othenzvise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Tue, Aug 7, 2018 at 11:09 AM, Harris, Steve wrote: 1 of 13 (Sorry, I can't ?nd any multiple gmail forwarding feature. Forwarded conversation Subject: are you here today or working? From: Caminiti, Mariagrazia Date: Mon, Dec 11,2017 at 3:13 PM To: Steve Harris Marigrace Caminiti Executive Assistant to the Solicitor US Department of the Interior 1849 Street, NW, Rm. 6352 Washington, DC 20240 202-208-4423 - main number 202-208-3111 - direct 202-208-5584 - fax 202-528-0486 or 202-359-2949 -ce /wce l NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. Ifyou are not the intended recipient, you are hereby noti?ed that any disseminatiom distiibutiom copying or use of this message or its contents is strictly prohibited. Ifyou receive this Message in error, please notify the sender immediately and destroy all copies. From: Harris, Steve Date: Mon, Dec 11,2017 at 3:15 PM To: "Caminiti, Mariagrazia" I'm working from home. I'm getting ready to sign off in a few minutes. I'm coming in tomorrow. Steve Harris Paralegal Specialist Division of Mineral Resources Of?ce of the Solicitor US. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. From: Caminiti, Mariagrazia Date: Mon, Dec 11, 2017 at 3:19 PM To: "Harris, Steve" can you check a cite for me - there's something wrong with it -twin metals. From: Harris, Steve Date: Mon, Dec 11, 2017 at 3:21 PM To: "Caminiti, Mariagrazia" Let me From: Harris, Steve Date: Mon, Dec 11, 2017 at 3:39 PM To: "Caminiti, Mariagrazia" OK. Here's the quote: Iuookstomenke? Steve Harris Paralegal Specialist Division of Mineral Resources Of?ce of the Solicitor US. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. Steve Harris Paralegal Specialist Division of Mineral Resources Of?ce of the Solicitor US. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. M-3 7049 Memorandum To: Director: Bureau of Land Management From: Solicitor Subject: Reversal of M-37036, ?Twin Metals Minnesota Application to Renew Preference Right Leases and p?n 10 11 12 3 1 14 6 1 17 18 19 Label: "Twin Metals/TMM FOIA request/SOL-2018-00089/Harris" Created by:briana.collier@sol.doi.gov Total Messages in label:43 (5 conversations) Created: 08-07-2018 at 13:11 PM Conversation Contents Twin Metals opinion update Attachments: /2. Twin Metals opinion update/4.1 2017.11.17 draft M-Op reversal rework.docx /2. Twin Metals opinion update/4.2 2017.11.17 draft M-Op reversal rework_clean.docx /2. Twin Metals opinion update/15.1 M37036 Twin Metals Minnesota Application to Renew Preference Right Leases (MNES-01352 and MNES-0135) (1).pdf /2. Twin Metals opinion update/17.1 106. 1965.07.09 MFR by ferrous metals branch chief re mtg with Rep Blatnik, INCO & DOI reps on leases (1959-1966.004902).pdf /2. Twin Metals opinion update/17.2 113. 1965.10.05 memo fm BLM dir to asst sec minieral resources re INCO's proposed preference right lease (1959-1966.004875).pdf /2. Twin Metals opinion update/17.3 115. 1965.10.29 memo fm conservation div chief to USGS assoc dir re proposed INCO preference right lease terms (19591966.004855).pdf /2. Twin Metals opinion update/17.4 108. 1965.08.18 MFR fm conservation div asst chief re INCO meeting at which INCO agreed to drop 50 year lease term (19591966.004899).pdf /2. Twin Metals opinion update/17.5 120. 1966.01.10 memo fm USGS dir to secretary re congressional phone call to discuss INCO royalty lease terms (1959-1966.004818).pdf /2. Twin Metals opinion update/17.6 MNES-01352 1966 Lease.pdf /2. Twin Metals opinion update/17.7 121. 1966.01.20 memo fm asst sec'y mineral resources to under sec re INCO royalty & performance negotiations (19591966.004813).pdf /2. Twin Metals opinion update/17.8 1985.08.28 memo assoc distrct mgr to state director re recommendation on INCO min royalty waiver application (19802000.000549).pdf /2. Twin Metals opinion update/17.9 1987.02.09 memo Superior Nat'l Forest to regional forester re INCO lease renewals (1980-2000.000522).pdf /2. Twin Metals opinion update/17.10 1986.07.09 ltr fm Asst Dist Mgr to State Director re recommendations for ES1352 & ES1353 lease renewals (ESO.MNES1353.000763).pdf /2. Twin Metals opinion update/17.11 1986.07.09 memo asst district energy & minerals mgr to state director re INCO lease renewal recommendations (1980-2000.000537).pdf /2. Twin Metals opinion update/17.12 1988.09.12 ROD preference right lease renewals (1980-2000.000503).pdf /2. Twin Metals opinion update/17.13 1988.10.14 memo asst district mgr solid minerals to state director re lease renewal recommendations (1980-2000.000499).pdf /2. Twin Metals opinion update/17.14 1988.10.27 ROD vacating decision that leases ready for renewal because terms changed (1980-2000.000498).pdf /2. Twin Metals opinion update/17.15 1989.04.25 ROD preference right leases renewal under original lease terms (1980-2000.000501).pdf /2. Twin Metals opinion update/17.16 1989 TMM Lease Renewals.pdf /2. Twin Metals opinion update/17.17 1989 Renewals 2.pdf /2. Twin Metals opinion update/17.18 1999.04.12 memo solid minerals asst field mgr to state director re renewal of preference right leases MNES 1352 & 1353 (19802000.000463).pdf /2. Twin Metals opinion update/17.19 2003.07.18 ltr Forest Service Eastern Region to BLM ESO re renewal of preference right leases MNES 1352 & 1353 (19802000.000462).pdf /2. Twin Metals opinion update/17.20 2003.11.12 ROD re add'l requirements to renew ACNC preference right leases (ESO.MNES1352.000166).pdf /2. Twin Metals opinion update/26.1 M37036 Twin Metals Minnesota Application to Renew Preference Right Leases (MNES-01352 and MNES-0135) (1).pdf /2. Twin Metals opinion update/26.2 106. 1965.07.09 MFR by ferrous metals branch chief re mtg with Rep Blatnik, INCO & DOI reps on leases (1959-1966.004902).pdf /2. Twin Metals opinion update/26.3 113. 1965.10.05 memo fm BLM dir to asst sec minieral resources re INCO's proposed preference right lease (1959-1966.004875).pdf /2. Twin Metals opinion update/26.4 115. 1965.10.29 memo fm conservation div chief to USGS assoc dir re proposed INCO preference right lease terms (19591966.004855).pdf /2. Twin Metals opinion update/26.5 108. 1965.08.18 MFR fm conservation div asst chief re INCO meeting at which INCO agreed to drop 50 year lease term (19591966.004899).pdf /2. Twin Metals opinion update/26.6 120. 1966.01.10 memo fm USGS dir to secretary re congressional phone call to discuss INCO royalty lease terms (1959-1966.004818).pdf /2. Twin Metals opinion update/26.7 MNES-01352 1966 Lease.pdf /2. Twin Metals opinion update/26.8 121. 1966.01.20 memo fm asst sec'y mineral resources to under sec re INCO royalty & performance negotiations (19591966.004813).pdf /2. Twin Metals opinion update/26.9 1985.08.28 memo assoc distrct mgr to state director re recommendation on INCO min royalty waiver application (19802000.000549).pdf /2. Twin Metals opinion update/26.10 1987.02.09 memo Superior Nat'l Forest to regional forester re INCO lease renewals (1980-2000.000522).pdf /2. Twin Metals opinion update/26.11 1986.07.09 ltr fm Asst Dist Mgr to State Director re recommendations for ES1352 & ES1353 lease renewals (ESO.MNES1353.000763).pdf /2. Twin Metals opinion update/26.12 1986.07.09 memo asst district energy & minerals mgr to state director re INCO lease renewal recommendations (1980-2000.000537).pdf /2. Twin Metals opinion update/26.13 1988.09.12 ROD preference right lease renewals (1980-2000.000503).pdf /2. Twin Metals opinion update/26.14 1988.10.14 memo asst district mgr solid minerals to state director re lease renewal recommendations (1980-2000.000499).pdf /2. Twin Metals opinion update/26.15 1988.10.27 ROD vacating decision that leases ready for renewal because terms changed (1980-2000.000498).pdf /2. Twin Metals opinion update/26.16 1989.04.25 ROD preference right leases renewal under original lease terms (1980-2000.000501).pdf /2. Twin Metals opinion update/26.17 1989 TMM Lease Renewals.pdf /2. Twin Metals opinion update/26.18 1989 Renewals 2.pdf /2. Twin Metals opinion update/26.19 1999.04.12 memo solid minerals asst field mgr to state director re renewal of preference right leases MNES 1352 & 1353 (19802000.000463).pdf /2. Twin Metals opinion update/26.20 2003.07.18 ltr Forest Service Eastern Region to BLM ESO re renewal of preference right leases MNES 1352 & 1353 (19802000.000462).pdf /2. Twin Metals opinion update/26.21 2003.11.12 ROD re add'l requirements to renew ACNC preference right leases (ESO.MNES1352.000166).pdf "Collier, Briana" From: Sent: To: CC: Subject: "Collier, Briana" Fri Nov 17 2017 15:02:35 GMT-0700 (MST) "Haugrud, Kevin" Karen Hawbecker , Richard McNeer Twin Metals opinion update Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Haugrud, Kevin" From: Sent: To: CC: Subject: "Haugrud, Kevin" Fri Nov 17 2017 16:04:37 GMT-0700 (MST) "Collier, Briana" Karen Hawbecker , Richard McNeer Re: Twin Metals opinion update Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Collier, Briana" From: Sent: To: CC: Subject: "Collier, Briana" Fri Nov 17 2017 16:42:46 GMT-0700 (MST) "Haugrud, Kevin" Karen Hawbecker , Richard McNeer Re: Twin Metals opinion update Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Collier, Briana" From: "Collier, Briana" Sent: Fri Nov 17 2017 21:37:27 GMT-0700 (MST) To: "Haugrud, Kevin" Karen Hawbecker Richard McNeer Subject: Re: Twin Metals opinion update 2017.11.17 draft reversal rework.docx 2017.11.17 draft M- Op reversal CC: Attachments: Here is the revised opinion in redlined (and probably illegible) and clean versions. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Bnana Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave.. NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. Kevin Haugrud From: Kevin Haugrud Sent: Sat Nov 18 2017 07:50:40 GMT-0700 (MST) To: "Collier, Briana" CC: Karen Hawbecker Richard McNeer Subject: Re: Twin Metals opinion update Thanks Briana. No need to apologize - I just wanted to seem, so I'll take a look and make a cut. Thanks again for the quick turn aroun . so, I rea Ize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. I will need this group and Gary to quickly review so we can get a draft for Dan's review as soon as possible next week. From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined (and probably illegible) and clean versions. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. Karen Hawbecker From: Karen Hawbecker Sent: Sun Nov 19 2017 16:35:25 GMT-0700 (MST) To: Kevin Haugrud "Collier, Briana" Richard McNeer CC. . . Subject: Re: Twin Metals opinion update Thank you, Jack. When you send the new draft for review, I?ll also share it with Steve Harris. Karen Sent from my iPad On Nov 18, 2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - just wanted to see so I'll take a look and make a cut. Thanks again for the quic urn aroun . so, didn?t realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. I will need this group and Gary to quickly review so we can get a draft for Dan's review as soon as possible next week. From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined (and probably illegible) and clean versions. I an you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Haugrud, Kevin" From: Sent: To: CC: Subject: "Haugrud, Kevin" Mon Nov 20 2017 06:16:50 GMT-0700 (MST) Karen Hawbecker "Collier, Briana" , Richard McNeer Re: Twin Metals opinion update I didn't get as far as I had hoped this weekend (but did complete a different m-opinion, just so you don't think I was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19, 2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I?ll also share it with Steve Harris. ?Karen Sent from my iPad On Nov 18, 2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - I just wanted to seem, so I'll take a look and make a cut. Thanks again for the quic urn aroun . so, didn't realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. I will need this group and Gary to quickly review so we can get a draft for Dan's review as soon as possible next week. From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined (and probably illegible) and clean versions. an you. Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave., NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave., NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. Karen Hawbecker From: Sent: To: CC: Subject: Karen Hawbecker Mon Nov 20 2017 06:19:56 GMT-0700 (MST) "Haugrud, Kevin" "Collier, Briana" , Richard McNeer Re: Twin Metals opinion update Okay, Jack. I’ll be traveling Tuesday morning, but will look for it on my iPad. I have a two hour layover in Chicago too. ?Karen Sent from my iPad On Nov 20, 2017, at 8:16 AM, Haugrud, Kevin wrote: I didn't get as far as I had hoped this weekend (but did complete a different m? opinion, just so you don't think was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19, 2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I?ll also share it with Steve Harris. ?Karen Sent from my iPad On Nov 18, 2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - just wanted to see? so I'll take a look and make a out. Thanks again or qurc urn around. Also, I didn't realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. I will need this group and Gary to quickly review so we can get a draft for Dan's review as soon as possible next week. From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined (and probablv illegible) and clean versions. am 0 Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Collier, Briana" From: Sent: "Collier, Briana" Mon Nov 20 2017 08:03:58 GMT-0700 (MST) Karen Hawbecker , Richard McNeer Re: Twin Metals opinion update To: Subject: Hi Karen, Richard: Given the tight timeline here, how would you like to proceed for reviewing Jack's new draft tomorrow? Would you like me to review? If so, should I review first? I am happy to be involved, or not, as you see fit. I can also sign on early tomorrow from home if that will help move things along. Thank you. -Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 6:19 AM, Karen Hawbecker wrote: Okay, Jack. I’ll be traveling Tuesday morning, but will look for it on my iPad. I have a two hour layover in Chicago too. —Karen Sent from my iPad On Nov 20, 2017, at 8:16 AM, Haugrud, Kevin wrote: I didn't get as far as I had hoped this weekend (but did complete a different mopinion, just so you don't think I was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19, 2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I’ll also share it with Steve Harris. —Karen Sent from my iPad On Nov 18, 2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - I just wanted to see(b) (5) so I'll take a look and make a cut. Thanks again for the quick turn around. Also, I didn't realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. ​ I will (b) (5) From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined (and probablv illegible) and clean versions. am appy 0 Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave.I NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208?4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave.I NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17,2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "McNeer, Richard" From: Sent: To: CC: Subject: "McNeer, Richard" Mon Nov 20 2017 08:07:56 GMT-0700 (MST) "Collier, Briana" Karen Hawbecker Re: Twin Metals opinion update Briana: Subject to Karen's approval, I propose that you do a quick review first, then send it to me. You are approved to telework on Tuesday, and to accrue up to three hours of compensatory time if needed to expedite this project. Richard On Mon, Nov 20, 2017 at 10:03 AM, Collier, Briana wrote: Hi Karen, Richard: Given the tight timeline here, how would you like to proceed for reviewing Jack's new draft tomorrow? Would you like me to review? If so, should I review first? I am happy to be involved, or not, as you see fit. I can also sign on early tomorrow from home if that will help move things along. Thank you. -Briana Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave., NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 6:19 AM, Karen Hawbecker wrote: Okay, Jack. I'll be traveling Tuesday morning, but will look for it on my iPad. have a two hour layover in Chicago too. ?Karen Sent from my iPad On Nov 20, 2017, at 8:16 AM, Haugrud, Kevin wrote: I didn't get as far as I had hoped this weekend (but did complete a different m- opinion, just so you don't think I was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19, 2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I?ll also share it with Steve Harris. ?Karen Sent from my iPad On Nov 18, 2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - I just wanted to see so I'll take a look and make a out Thanks again or qurc urn around. Also, I didn't realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. I will need this group and Gary to quickly review so we can get a draft for Dan's review as soon as possible next week. From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined (and probably illegible) and clean versions. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Collier, Briana" From: Sent: To: Subject: "Collier, Briana" Mon Nov 20 2017 08:13:29 GMT-0700 (MST) "McNeer, Richard" Re: Twin Metals opinion update Thanks Richard. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 8:07 AM, McNeer, Richard wrote: Briana: Subject to Karen's approval, I propose that you do a quick review first, then send it to me. You are approved to telework on Tuesday, and to accrue up to three hours of compensatory time if needed to expedite this project. Richard On Mon, Nov 20, 2017 at 10:03 AM, Collier, Briana wrote: Hi Karen, Richard: Given the tight timeline here, how would you like to proceed for reviewing Jack's new draft tomorrow? Would you like me to review? If so, should I review first? I am happy to be involved, or not, as you see fit. I can also sign on early tomorrow from home if that will help move things along. Thank you. -Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 6:19 AM, Karen Hawbecker wrote: Okay, Jack. I’ll be traveling Tuesday morning, but will look for it on my iPad. I have a two hour layover in Chicago too. —Karen Sent from my iPad On Nov 20, 2017, at 8:16 AM, Haugrud, Kevin wrote: I didn't get as far as I had hoped this weekend (but did complete a different mopinion, just so you don't think I was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19, 2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I’ll also share it with Steve Harris. —Karen Sent from my iPad On Nov 18, 2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - I just wanted to see (b) (5) , so I'll take a look and make a cut. Thanks again for the quick turn around. Also, I didn't realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. ​ I will need this group and Gary to quickly review so we can get a draft for Dan's review as soon as possible next week. From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised 0 inion in redlined (and probablv illegible) and clean versions. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave.. NW Ste.1800 AlbuguergueI NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave.I NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Hawbecker, Karen" From: Sent: To: Subject: "Hawbecker, Karen" Mon Nov 20 2017 08:54:47 GMT-0700 (MST) "McNeer, Richard" , "Collier, Briana" , Steve Harris Re: Twin Metals opinion update Richard and Briana, I would definitely like the benefit of review from both of you. I've also added Steve Harris, so that we can get the benefit of his review for all citations and quotes. It would be great if I get input from you (Briana and Richard) before my review, but I'll see how my travel tomorrow aligns with the review time. I may just launch into the review whenever it arrives in the morning, if it happens to coincide with a time when I have some time to review. -Karen On Mon, Nov 20, 2017 at 10:07 AM, McNeer, Richard wrote: Briana: Subject to Karen's approval, I propose that you do a quick review first, then send it to me. You are approved to telework on Tuesday, and to accrue up to three hours of compensatory time if needed to expedite this project. Richard On Mon, Nov 20, 2017 at 10:03 AM, Collier, Briana wrote: Hi Karen, Richard: Given the tight timeline here, how would you like to proceed for reviewing Jack's new draft tomorrow? Would you like me to review? If so, should I review first? I am happy to be involved, or not, as you see fit. I can also sign on early tomorrow from home if that will help move things along. Thank you. -Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 6:19 AM, Karen Hawbecker wrote: Okay, Jack. I’ll be traveling Tuesday morning, but will look for it on my iPad. I have a two hour layover in Chicago too. —Karen Sent from my iPad On Nov 20, 2017, at 8:16 AM, Haugrud, Kevin wrote: I didn't get as far as I had hoped this weekend (but did complete a different mopinion, just so you don't think I was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19, 2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I’ll also share it with Steve Harris. —Karen Sent from my iPad On Nov 18, 2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - I just wanted to see(b) (5) , so I'll take a look and make a cut. Thanks again for the quick turn around. Also, I didn't realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. ​ I will need this group and Gary to quickly review so we can get a draft for Dan's review as soon as possible next week. From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined (and probably illegible) and clean versions. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave.. NW Ste.1800 AlbuguergueI NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave.I NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Bnana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Collier, Briana" From: Sent: To: CC: Subject: "Collier, Briana" Mon Nov 20 2017 09:05:37 GMT-0700 (MST) "Hawbecker, Karen" "McNeer, Richard" , Steve Harris Re: Twin Metals opinion update Okay, sounds good. I will send Steve the relevant documents from the record so that he has them for quote/cite check. Thanks. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 8:54 AM, Hawbecker, Karen wrote: Richard and Briana, I would definitely like the benefit of review from both of you. I've also added Steve Harris, so that we can get the benefit of his review for all citations and quotes. It would be great if I get input from you (Briana and Richard) before my review, but I'll see how my travel tomorrow aligns with the review time. I may just launch into the review whenever it arrives in the morning, if it happens to coincide with a time when I have some time to review. --Karen On Mon, Nov 20, 2017 at 10:07 AM, McNeer, Richard wrote: Briana: Subject to Karen's approval, I propose that you do a quick review first, then send it to me. You are approved to telework on Tuesday, and to accrue up to three hours of compensatory time if needed to expedite this project. Richard On Mon, Nov 20, 2017 at 10:03 AM, Collier, Briana wrote: Hi Karen, Richard: Given the tight timeline here, how would you like to proceed for reviewing Jack's new draft tomorrow? Would you like me to review? If so, should I review first? I am happy to be involved, or not, as you see fit. I can also sign on early tomorrow from home if that will help move things along. Thank you. -Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 6:19 AM, Karen Hawbecker wrote: Okay, Jack. I’ll be traveling Tuesday morning, but will look for it on my iPad. I have a two hour layover in Chicago too. —Karen Sent from my iPad On Nov 20, 2017, at 8:16 AM, Haugrud, Kevin wrote: I didn't get as far as I had hoped this weekend (but did complete a different m-opinion, just so you don't think I was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19, 2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I’ll also share it with Steve Harris. —Karen Sent from my iPad On Nov 18, 2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - I just wanted to see if H, so I'll take a look and make a cut. an 3 again or quick turn around. Also, I didn't realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. I will need this group and Gary to quickly review so we can get a draft for Dan's review as soon as possible next week. From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined (and probably illegible) and clean versions. eve opment. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave.I NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave.I NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Hawbecker, Karen" From: Sent: To: CC: Subject: "Hawbecker, Karen" Mon Nov 20 2017 09:35:48 GMT-0700 (MST) "Collier, Briana" "McNeer, Richard" , Steve Harris Re: Twin Metals opinion update Briana, Could you send out to all of us a copy of the original M-Opinion for easy access? Thank you. --Karen On Mon, Nov 20, 2017 at 11:05 AM, Collier, Briana wrote: Okay, sounds good. I will send Steve the relevant documents from the record so that he has them for quote/cite check. Thanks. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 8:54 AM, Hawbecker, Karen wrote: Richard and Briana, I would definitely like the benefit of review from both of you. I've also added Steve Harris, so that we can get the benefit of his review for all citations and quotes. It would be great if I get input from you (Briana and Richard) before my review, but I'll see how my travel tomorrow aligns with the review time. I may just launch into the review whenever it arrives in the morning, if it happens to coincide with a time when I have some time to review. --Karen On Mon, Nov 20, 2017 at 10:07 AM, McNeer, Richard wrote: Briana: Subject to Karen's approval, I propose that you do a quick review first, then send it to me. You are approved to telework on Tuesday, and to accrue up to three hours of compensatory time if needed to expedite this project. Richard On Mon, Nov 20, 2017 at 10:03 AM, Collier, Briana wrote: Hi Karen, Richard: Given the tight timeline here, how would you like to proceed for reviewing Jack's new draft tomorrow? Would you like me to review? If so, should I review first? I am happy to be involved, or not, as you see fit. I can also sign on early tomorrow from home if that will help move things along. Thank you. -Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 6:19 AM, Karen Hawbecker wrote: Okay, Jack. I?ll be traveling Tuesday morning, but will look for it on my iPad. have a two hour layover in Chicago too. ?Karen Sent from my iPad On Nov 20, 2017, at 8:16 AM, Haugrud, Kevin wrote: I didn't get as far as I had hoped this weekend (but did complete a different m-opinion, just so you don't think I was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19, 2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I?ll also share it with Steve Harris. ?Karen Sent from my iPad On Nov 18,2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - I just wanted to see so I'll take a look and make a cut. an again or quick turn around. Also, I didn't realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. I will need this group and Gary to quickly review so we can get a draft for Dan's review as soon as possible next week. From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined (and probablv illegible) and clean versions. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave.. NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Harris, Steve" From: "Harris, Steve" Sent: Mon Nov 20 2017 09:38:23 GMT-0700 (MST) To: "Hawbecker, Karen" CC: "Collier, Briana" "McNeer, Richard" Subject: Re: Twin Metals opinion update Attachments: M37036 Twin Metals Minnesota Application to Renew Preference Right Leases (MNES-01352 and MNES-0135) (1 ).pdf Here it is. On Mon, Nov 20, 2017 at 11:35 AM, Hawbecker, Karen wrote: Briana, Could you send out to all of us a copy of the original M-Opinion for easy access? Thank you. --Karen On Mon, Nov 20, 2017 at 11:05 AM, Collier, Briana wrote: Okay, sounds good. I will send Steve the relevant documents from the record so that he has them for quote/cite check. Thanks. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave.I NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 8:54 AM, Hawbecker, Karen wrote: Richard and Briana, I would de?nitely like the bene?t of review from both of you. I've also added Steve Harn's, so that we can get the bene?t of his review for all citations and quotes. It would be great if I get input from you (Briana and Richard) before my review, but I'll see how my travel tomorrow aligns with the review time. I may just launch into the review whenever it arrives in the morning, if it happens to coincide with a time when have some time to review. -Karen On Mon, Nov 20, 2017 at 10:07 AM, McNeer, Richard wrote: Briana: Subject to Karen's approval, I propose that you do a quick review ?rst, then send it to me. You are approved to telework on Tuesday, and to accme up to three hours of compensatory time if needed to expedite this project. Richard On Mon, Nov 20, 2017 at 10:03 AM, Collier, Briana wrote: Hi Karen, Richard: Given the tight timeline here, how would you like to proceed for reviewing Jack's new draft tomorrow? Would you like me to review? If so, should I review ?rst? I am happy to be involved, or not, as you see I can also sign on early tomorrow from home if that will help move things along. Thank you. -Briana Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave., NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or othen/vise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 6:19 AM, Karen Hawbecker wrote: Okay, Jack. I?ll be traveling Tuesday morning, but will look for it on my iPad. have a two hour layover in Chicago too. ?Karen Sent from my iPad On Nov 20, 2017, at 8:16 AM, Haugrud, Kevin wrote: I didn't get as far as I had hoped this weekend (but did complete a different m-opinion, just so you don't think was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19, 2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I?ll also share it with Steve Harris. ?Karen Sent from my iPad On Nov 18, 2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - just wanted to see so I'll take a look and make a cut. an 3 again or quick turn around. Also, I didn't realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. I will need this group and Gary to quickly review so we can get a draft for Dan's review as soon as possible next week. From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined (and probably illegible) and clean versions. ISCUSSI I nee smore eve opment. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the Steve Harris sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Bnana Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave.I NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. Paralegal Specialist Division of Mineral Resources Of?ce of the Solicitor US. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. "Hawbecker, Karen" From: "Hawbecker, Karen" Sent: Mon Nov 20 2017 09:41 :07 GMT-0700 (MST) To: "Harris, Steve" CC: "Collier, Briana" "McNeer, Richard" Subject: Re: Twin Metals opinion update Thanks, Steve! On Mon, Nov 20, 2017 at 11:38 AM, Harris, Steve wrote: Here it is. On Mon, Nov 20, 2017 at 11:35 AM, Hawbecker, Karen wrote: Briana, Could you send out to all of us a copy of the original M-Opinion for easy access? Thank you. -Karen On Mon, Nov 20, 2017 at 11:05 AM, Collier, Briana wrote: Okay, sounds good. I will send Steve the relevant documents from the record so that he has them for quote/cite check. Thanks. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave.. NW Ste.1800 Albuguergue, NM 87102 Phone: (202)208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or othen/vise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 8:54 AM, Hawbecker, Karen wrote: Richard and Briana, I would de?nitely like the bene?t of review from both of you. I've also added Steve Harris, so that we can get the bene?t of his review for all citations and quotes. It would be great if I get input from you (Briana and Richard) before my review, but I?ll see how my travel tomorrow aligns with the review time. I may just launch into the review whenever it arrives in the morning, if it happens to coincide with a time when have some time to review. ?Karen On Mon, Nov 20, 2017 at 10:07 AM, McNeer, Richard wrote: Bnana: Subject to Karen's approval, I propose that you do a quick review ?rst, then send it to me. You are approved to telework on Tuesday, and to accrue up to three hours of compensatory time if needed to expedite this project. Richard On Mon, Nov 20, 2017 at 10:03 AM, Collier, Briana wrote: Hi Karen, Richard: Given the tight timeline here, how would you like to proceed for reviewing Jack's new draft tomorrow? Would you like me to review? If so, should I review ?rst? I am happy to be involved, or not, as you see I can also sign on early tomorrow from home if that will help move things along. Thank you. -Briana Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave.I NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 6:19 AM, Karen Hawbecker wrote: Okay, Jack. I?ll be traveling Tuesday morning, but will look for it on my iPad. have a two hour layover in Chicago too. ?Karen Sent from my iPad On Nov 20, 2017, at 8:16 AM, Haugrud, Kevin wrote: I didn't get as far as I had hoped this weekend (but did complete a different m-opinion, just so you don't think I was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19, 2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I?ll also share it with Steve Harris. ?Karen Sent from my iPad On Nov 18, 2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - I just wanted to see so I'll take a look and make a cu . an 3 again or quick turn around. Also, I didn't realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. I will need this group and Gary to quickly review so we can get a draft for Dan's review as soon as possible next week. From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined (and probably illegible) and clean versions. ISCUSSI I nee smore eve opment. Thank you. Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave., NW Ste.1800 AlbuguergueI NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at4204 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Bnana Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave., NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. "Collier, Briana" From: Sent: To: Subject: "Collier, Briana" Mon Nov 20 2017 13:16:04 GMT-0700 (MST) Steve Harris Fwd: Twin Metals opinion update 106. 1965.07.09 MFR by ferrous metals branch chief re mtg with Rep Blatnik, INCO & DOI reps on leases (1959-1966.004902).pdf 113. 1965.10.05 memo fm BLM dir to asst sec minieral resources re INCO's proposed preference right lease (19591966.004875).pdf 115. 1965.10.29 memo fm conservation div chief to USGS assoc dir re proposed INCO preference right lease terms 108. 1965.08.18 MFR fm conservation div asst chief re INCO meeting at which INCO agreed to drop 50 year lease term 120. 1966.01.10 memo fm USGS dir to secretary re congressional phone call to discuss INCO royalty lease terms (1959- 1966.004818).pdf MNES-01352 1966 Lease.pdf 121. 1966.01.20 memo fm asst sec'y mineral resources to under sec re INCO royalty performance negotiations 1985.08.28 memo assoc to state director re recommendation on INCO min royalty waiver application (1980- 2000.000549).pdf 1987.02.09 memo Superior Nat'l Forest to regional forester re INCO lease renewals AttaChmentSZ 1986.07.09 fm Asst Dist to State Director re recommendations for ES1352 E81353 lease renewals 1986.07.09 memo asst district energy minerals to state director re INCO lease renewal recommendations 1988.09.12 ROD preference right lease renewals 1988.10.14 memo asst district solid minerals to state director re lease renewal recommendations 1988.10.27 ROD vacating decision that leases ready for renewal because terms changed 1989.04.25 ROD preference right leases renewal under original lease terms 1989 TMM Lease 1989 Renewals 2.pdf 1999.04.12 memo solid minerals asst ?eld to state director re renewal of preference right leases MNES 1352 1353 2003.07.18 Forest Service Eastern Region to BLM ESO re renewal of preference right leases MNES 1352 1353 ROD re add'l requirements to renew ACNC preference right leases Hi Steve, Here are the documents from the record cited in my version of the new Twin Metals M-opinion. Thanks! Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. Fon/varded message From. Collier, Briana Date: Mon, Nov 20, 2017 at 9: 05 AM Subject: Re: Twin Metals opinion update To: "Hawbecker, Karen" Cc: "McNeer, Richard" Steve Harris Okay, sounds good. I will send Steve the relevant documents from the record so that he has them for quote/cite check. Thanks. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 8:54 AM, Hawbecker, Karen wrote: Richard and Briana, I would de?nitely like the bene?t of review from both of you. I've also added Steve Harris, so that we can get the bene?t of his review for all citations and quotes. It would be great if I get input from you (Briana and Richard) before my review, but I'll see how my travel tomorrow aligns with the review time. I may just launch into the review whenever it arrives in the morning, if it happens to coincide with a time when have some time to review. ?Karen On Mon, Nov 20, 2017 at 10:07 AM, McNeer, Richard wrote: Bnana: Subject to Karen's approval, I propose that you do a quick review ?rst, then send it to me. You are approved to telework on Tuesday, and to accme up to three hours of compensatory time if needed to expedite this project. Richard On Mon, Nov 20, 2017 at 10:03 AM, Collier, Briana wrote: Hi Karen, Richard: Given the tight timeline here, how would you like to proceed for reviewing Jack's new draft tomorrow? Would you like me to review? If so, should I review ?rst? I am happy to be involved, or not, as you see I can also sign on early tomorrow from home if that will help move things along. Thank you. -Briana Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave.. NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 6:19 AM, Karen Hawbecker wrote: Okay, Jack. I?ll be traveling Tuesday morning, but will look for it on my iPad. I have a two hour layover in Chicago too. ?Karen Sent from my iPad On Nov 20, 2017, at 8:16 AM, Haugrud, Kevin wrote: I didn't get as far as I had hoped this weekend (but did complete a different m-opinion, just so you don't think I was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19, 2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I?ll also share it with Steve Harris. ?Karen Sent from my iPad On Nov 18, 2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - ljust wanted to see so I'll take a look and make a cut. an again or quick turn around. Also, I didn't realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. I will need this group and Gary to quickly review so we can get a draft for Dan's review as soon as possible next week. From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined (and probably illegible) and clean versions. eve opment. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or othen/vise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave., NW Ste.1800 AlbuguergueI NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Bnana Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave., NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. "Harris, Steve" From: "Harris, Steve" Sent: Tue Nov 21 2017 04:01 :22 GMT-0700 (MST) To: "Hawbecker, Karen" CC: "McNeer, Richard" "Collier, Briana" Subject: Re: Twin Metals opinion update Does anyone know when to expect the new draft? (I have Briana's material.) On Mon, Nov 20, 2017 at 10:54 AM, Hawbecker, Karen wrote: Richard and Briana, I would de?nitely like the bene?t of review from both of you. I've also added Steve Harris, so that we can get the bene?t of his review for all citations and quotes. It would be great if I get input from you (Briana and Richard) before my review, but I'll see how my travel tomorrow aligns with the review time. I may just launch into the review whenever it arrives in the morning, if it happens to coincide with a time when have some time to review. -Karen On Mon, Nov 20, 2017 at 10:07 AM, McNeer, Richard wrote: Bnana: Subject to Karen's approval, I propose that you do a quick review ?rst, then send it to me. You are approved to telework on Tuesday, and to accrue up to three hours of compensatory time if needed to expedite this project. Richard On Mon, Nov 20, 2017 at 10:03 AM, Collier, Briana wrote: Hi Karen, Richard: Given the tight timeline here, how would you like to proceed for reviewing Jack's new draft tomorrow? Would you like me to review? If so, should I review ?rst? I am happy to be involved, or not, as you see I can also sign on early tomorrow from home if that will help move things along. Thank you. -Briana Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave.I NW Ste.1800 Albuquerque. NM 87102 Phone: (202) 208?4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 6:19 AM, Karen Hawbecker wrote: Okay, Jack. I?ll be traveling Tuesday morning, but will look for it on my iPad. have a two hour layover in Chicago too. ?Karen Sent from my iPad On Nov 20, 2017, at 8:16 AM, Haugrud, Kevin wrote: I didn't get as far as I had hoped this weekend (but did complete a different m-opinion, just so you don't think I was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19, 2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I?ll also share it with Steve Harris. ?Karen Sent from my iPad On Nov 18, 2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - Ijust wanted to se t, so I'll take a look and make a cut. an again or quick turn around. Also, I didn't realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. I will need this group and Gary to quickly review so we can get a draft for Dan's review as soon as possible next week. From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined (and probablv illegible) and clean versions. eve opment. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Bnana Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave.I NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. Karen Hawbecker From: Sent: To: CC: Subject: Karen Hawbecker Tue Nov 21 2017 04:37:00 GMT-0700 (MST) "Harris, Steve" "McNeer, Richard" , "Collier, Briana" Re: Twin Metals opinion update I can only say we expect it today. Sent from my iPad On Nov 21, 2017, at 6:01 AM, Harris, Steve wrote: Does anyone know when to expect the new draft? (I have Briana's material.) On Mon, Nov 20, 2017 at 10:54 AM, Hawbecker, Karen wrote: Richard and Briana, I would de?nitely like the bene?t of review from both of you. I?ve also added Steve Harris, so that we can get the bene?t of his review for all citations and quotes. It would be great if I get input from you (Briana and Richard) before my review, but I'll see how my travel tomorrow aligns with the review time. I may just launch into the review whenever it arrives in the morning, if it happens to coincide with a time when have some time to review. ?Karen On Mon, Nov 20, 2017 at 10:07 AM, McNeer, Richard wrote: Bnana: Subject to Karen's approval, I propose that you do a quick review ?rst, then send it to me. You are approved to telework on Tuesday, and to accrue up to three hours of compensatory time if needed to expedite this project. Richard On Mon, Nov 20, 2017 at 10:03 AM, Collier, Briana wrote: Hi Karen, Richard: Given the tight timeline here, how would you like to proceed for reviewing Jack's new draft tomorrow? Would you like me to review? If so, should I review ?rst? I am happy to be involved, or not, as you see I can also sign on early tomorrow from home if that will help move things along. Thank you. -Briana Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave.I NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 6:19 AM, Karen Hawbecker wrote: Okay, Jack. I?ll be traveling Tuesday morning, but will look for it on my iPad. have a two hour layover in Chicago too. ?Karen Sent from my iPad On Nov 20, 2017, at 8:16 AM, Haugrud, Kevin wrote: I didn't get as far as I had hoped this weekend (but did complete a different m-opinion, just so you don't think was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19, 2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I?ll also share it with Steve Harris. ?Karen Sent from my iPad On Nov 18,2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - just wanted to se so I'll take a look and make a cu . an again or the quick turn around. Also, I didn't realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. I will need this group and Gary to quickly review so we can get a draft for Dan's review as soon as possible next week. From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined (and probably illegible) and clean versions am appy ISCUSSI I nee smore development. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208?4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave., NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Bnana Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave., NW Ste.1800 AlbuguergueI NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. "Collier, Briana" From: Sent: To: Subject: "Collier, Briana" Tue Nov 21 2017 06:50:44 GMT-0700 (MST) "Harris, Steve" Re: Twin Metals opinion update Jack said "Tuesday morning." Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or othen/vise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Tue, Nov 21, 2017 at 4:37 AM, Karen Hawbecker wrote: i can only say we expect it today. Sent from my iPad On Nov 21, 2017, at 6:01 AM, Harris, Steve wrote: Does anyone know when to expect the new draft? (I have Briana's material.) On Mon, Nov 20, 2017 at 10:54 AM, Hawbecker, Karen wrote: Richard and Briana, I would de?nitely like the bene?t of review from both of you. I've also added Steve Harris, so that we can get the bene?t of his review for all citations and quotes. It would be great if I get input from you (Briana and Richard) before my review, but I'll see how my travel tomorrow aligns with the review time. I may just launch into the review whenever it arrives in the morning, if it happens to coincide with a time when have some time to review. ?Karen On Mon, Nov 20, 2017 at 10:07 AM, McNeer, Richard wrote: Bnana: Subject to Karen's approval, I propose that you do a quick review ?rst, then send it to me. You are approved to telework on Tuesday, and to accrue up to three hours of compensatory time if needed to expedite this project. Richard On Mon, Nov 20, 2017 at 10:03 AM, Collier, Briana wrote: Hi Karen, Richard: Given the tight timeline here, how would you like to proceed for reviewing Jack's new draft tomorrow? Would you like me to review? If so, should I review ?rst? I am happy to be involved, or not, as you see I can also sign on early tomorrow from home if that will help move things along. Thank you. -Briana Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 6:19 AM, Karen Hawbecker wrote: Okay, Jack. I?ll be traveling Tuesday morning, but will look for it on my iPad. I have a two hour layover in Chicago too. ?Karen Sent from my iPad On Nov 20, 2017, at 8:16 AM, Haugrud, Kevin wrote: I didn't get as far as I had hoped this weekend (but did complete a different m-opinion, just so you don't think I was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19, 2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I?ll also share it with Steve Harris. ?Karen Sent from my iPad On Nov 18, 2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - just wanted to seem, so I'll take a look and ma a cu . an again for the quick turn around. Also, I didn't realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. I will need this group and Gary to quickly review so we can get a draft for Dan's review as soon as possible next week. From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined (and probably illegible) and clean versions. ISCUSS if it nee more eve opment. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17,2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to Steve Harris Paralegal Specialist Division of Mineral Resources Of?ce of the Solicitor US. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 continue working on it over the weekend. Please let me know your preference. Thanks very much, B?ana Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave.I NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. "Harris, Steve" From: "Harris, Steve" Sent: Tue Nov 21 2017 13:06:04 GMT-0700 (MST) To: Karen Hawbecker "McNeer, Richard" "Collier, CC: Briana" Subject: Re: Twin Metals opinion update All: I'm probably going to sign off for today. I'll check in early tomorrow morning to see where this stands. It will take me several hours to go through it. -- Steve On Tue, Nov 21, 2017 at 6:37 AM, Karen Hawbecker wrote: I can only say we expect it today. Sent from my iPad On Nov 21, 2017, at 6:01 AM, Harris, Steve wrote: Does anyone know when to expect the new draft? (I have Briana's material.) On Mon, Nov 20, 2017 at 10:54 AM, Hawbecker, Karen wrote: Richard and Briana, I would de?nitely like the bene?t of review from both of you. I've also added Steve Harris, so that we can get the bene?t of his review for all citations and quotes. It would be great if I get input from you (Briana and Richard) before my review, but I'll see how my travel tomorrow aligns with the review time. I may just launch into the review whenever it arrives in the morning, if it happens to coincide with a time when have some time to review. ?Karen On Mon, Nov 20, 2017 at 10:07 AM, McNeer, Richard wrote: Bnana: Subject to Karen's approval, I propose that you do a quick review ?rst, then send it to me. You are approved to telework on Tuesday, and to accrue up to three hours of compensatory time if needed to expedite this project. Richard On Mon, Nov 20, 2017 at 10:03 AM, Collier, Briana wrote: Hi Karen, Richard: Given the tight timeline here, how would you like to proceed for reviewing Jack's new draft tomorrow? Would you like me to review? If so, should I review ?rst? I am happy to be involved, or not, as you see I can also sign on early tomorrow from home if that will help move things along. Thank you. -Briana Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave., NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 6:19 AM, Karen Hawbecker wrote: Okay, Jack. I?ll be traveling Tuesday morning, but will look for it on my iPad. I have a two hour layover in Chicago too. ?Karen Sent from my iPad On Nov 20, 2017, at 8:16 AM, Haugrud, Kevin wrote: I didn't get as far as I had hoped this weekend (but did complete a different m-opinion, just so you don't think I was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19, 2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I?ll also share it with Steve Harris. ?Karen Sent from my iPad On Nov 18, 2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - just wanted to se so I'll take a look and ma a cu . an agarn for the quick turn around. Also, I didn't realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined and probably illegible) and clean versions. ISCUSS if it nee more eve opment. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at 4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17, 2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Bnana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave.I NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. Karen Hawbecker From: Karen Hawbecker Sent: Tue Nov 21 2017 13:08:41 GMT-0700 (MST) To: "Harris, Steve" CC: "McNeer, Richard" "Collier, Briana" Subject: Re: Twin Metals opinion update I haven?t had an update from Jack today about this. I?m standing by. Have a good evening, Steve. Sent from my iPad On Nov 21, 2017, at 2:06 PM, Harris, Steve wrote: All: I'm probably going to sign off for today. I'll check in early tomorrow morning to see where this stands. It will take me several hours to go through it. -- Steve On Tue, Nov 21, 2017 at 6:37 AM, Karen Hawbecker wrote: I can only say we expect it today. Sent from my iPad On Nov 21, 2017, at 6:01 AM, Harris, Steve wrote: Does anyone know when to expect the new draft? (I have Briana's material.) On Mon, Nov 20, 2017 at 10:54 AM, Hawbecker, Karen wrote: Richard and Briana, I would de?nitely like the bene?t of review from both of you. I've also added Steve Harris, so that we can get the bene?t of his review for all citations and quotes. It would be great if I get input from you (Briana and Richard) before my review, but I'll see how my travel tomorrow aligns with the review time. I may just launch into the review whenever it arrives in the morning, if it happens to coincide with a time when have some time to review. -Karen On Mon, Nov 20, 2017 at 10:07 AM, McNeer, Richard wrote: Bnana: Subject to Karen's approval, I propose that you do a quick review ?rst, then send it to me. You are approved to telework on Tuesday, and to accrue up to three hours of compensatory time if needed to expedite this project. Richard On Mon, Nov 20, 2017 at 10:03 AM, Collier, Briana wrote: Hi Karen, Richard: Given the tight timeline here, how would you like to proceed for reviewing Jack's new draft tomorrow? Would you like me to review? If so, should I review ?rst? I am happy to be involved, or not, as you see I can also sign on early tomorrow from home if that will help move things along. Thank you. -Briana Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave.I NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 6:19 AM, Karen Hawbecker wrote: Okay, Jack. I?ll be traveling Tuesday morning, but will look for it on my iPad. have a two hour layover in Chicago too. Karen Sent from my iPad On Nov 20, 2017, at 8:16 AM, Haugrud, Kevin wrote: I didn't get as far as I had hoped this weekend (but did complete a different m-opinion, just so you don't think was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19,2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I?ll also share it with Steve Harris. Karen Sent from my iPad On Nov 18, 2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - lust wanted to see? so I'll take a 00 an ma a cut. Thanks again for the quick turn around. Also, I didn't realize until yesterday evening that Gary was working on his own draft and he just gave me his ideas last night. So at this stage, given the time constraints, I am going to review everything this weekend and come up with a new draft. I will need this group and Gary to quickly review so we can get a draft for Dan's review as soon as possible next week. From: Collier, Briana Sent: Friday, November 17, 2017 11:38 PM To: Haugrud, Kevin Cc: Karen Hawbecker; Richard McNeer Subject: Re: Twin Metals opinion update Here is the revised opinion in redlined (and probably illegible) and clean versions. development. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17,2017 at 4:42 PM, Collier, Briana wrote: Okay, I'll send along what I have in a few hours. Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave., NW Ste.1800 AlbuguergueI NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Fri, Nov 17, 2017 at4:04 PM, Haugrud, Kevin wrote: Please send the rough draft tonight and take the weekend off (at least on this issue). On Fri, Nov 17,2017 at 5:02 PM, Collier, Briana wrote: Hi Jack, I am still working away on editing the Twin Metals opinion according to your directions. I can have a rough draft ready tonight or a less rough draft ready on Monday morning, if time allows me to continue working on it over the weekend. Please let me know your preference. Thanks very much, Bnana Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave., NW Ste.1800 AlbuguergueI NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. "Collier, Briana" From: Sent: To: CC: Subject: "Collier, Briana" Tue Nov 21 2017 13:28:50 GMT-0700 (MST) Karen Hawbecker "Harris, Steve" , "McNeer, Richard" Re: Twin Metals opinion update FYI, Jack sent me a question on the draft at 10:30 am Eastern, but I haven't heard anything since. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Tue, Nov 21, 2017 at 1:08 PM, Karen Hawbecker wrote: I haven?t had an update from Jack today about this. I?m standing by. Have a good evening, Steve. Sent from my iPad On Nov 21, 2017, at 2:06 PM, Harris, Steve wrote: All: I'm probably going to sign off for today. I'll check in early tomorrow morning to see where this stands. It will take me several hours to go through it. -- Steve On Tue, Nov 21, 2017 at 6:37 AM, Karen Hawbecker wrote: I can only say we expect it today. Sent from my iPad On Nov 21, 2017, at 6:01 AM, Harris, Steve wrote: Does anyone know when to expect the new draft? (I have Briana's material.) On Mon, Nov 20, 2017 at 10:54 AM, Hawbecker, Karen wrote: Richard and Briana, I would de?nitely like the bene?t of review from both of you. I've also added Steve Harris, so that we can get the bene?t of his review for all citations and quotes. It would be great if I get input from you (Briana and Richard) before my review, but I'll see how my travel tomorrow aligns with the review time. I may just launch into the review whenever it arrives in the morning, if it happens to coincide with a time when I have some time to review. -Karen On Mon, Nov 20, 2017 at 10:07 AM, McNeer, Richard wrote: Bnana: Subject to Karen's approval, I propose that you do a quick review ?rst, then send it to me. You are approved to telework on Tuesday, and to accrue up to three hours of compensatory time if needed to expedite this project. Richard On Mon, Nov 20, 2017 at 10:03 AM, Collier, Briana wrote: Hi Karen, Richard: Given the tight timeline here, how would you like to proceed for reviewing Jack's new draft tomorrow? Would you like me to review? If so, should I review ?rst? I am happy to be involved, or not, as you see I can also sign on early tomorrow from home if that will help move things along. Thank you. -Briana Briana Collier Attomey-Adviser, Division of Mineral Resources US. Department of the Interior, Of?ce of the Solicitor 505 Marguette Ave., NW Ste.1800 Albuguergue, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Mon, Nov 20, 2017 at 6:19 AM, Karen Hawbecker wrote: Okay, Jack. I?ll be traveling Tuesday morning, but will look for it on my iPad. have a two hour layover in Chicago too. ?Karen Sent from my iPad On Nov 20,2017, at 8:16 AM, Haugrud, Kevin wrote: I didn't get as far as I had hoped this weekend (but did complete a different m-opinion, just so you don't think was slacking), so I expect to have the next draft to review Tuesday morning. On Sun, Nov 19,2017 at 6:35 PM, Karen Hawbecker wrote: Thank you, Jack. When you send the new draft for review, I?ll also share it with Steve Harris. ?Karen Sent from my iPad On Nov 18, 2017, at 9:50 AM, Kevin Haugrud wrote: Thanks Briana. No need to apologize - iust wanted to seel so I'll take Thanks again for the quick turn around. Also, I information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. "Harris, Steve" From: Sent: To: CC: Subject: "Harris, Steve" Tue Nov 21 2017 14:05:00 GMT-0700 (MST) "Collier, Briana" Karen Hawbecker , "McNeer, Richard" Re: Twin Metals opinion update OK. Thanks, Briana. Checking in one last time. I'll check it early tomorrow. -- Steve ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. "Harris, Steve" From: Sent: To: CC: Subject: No word yet? "Harris, Steve" Wed Nov 22 2017 04:04:11 GMT-0700 (MST) "Collier, Briana" Karen Hawbecker , "McNeer, Richard" Re: Twin Metals opinion update and destroy all copies. ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. "Harris, Steve" From: Sent: To: Subject: "Harris, Steve" Tue Aug 07 2018 11:17:13 GMT-0600 (MDT) Briana Collier Fwd: Twin Metals opinion update M37036 Twin Metals Minnesota Application to Renew Preference Right Leases (MNES-01352 and MNES-0135) (1).pdf 106. 1965.07.09 MFR by ferrous metals branch chief re mtg with Rep Blatnik, INCO & DOI reps on leases (1959-1966.004902).pdf 113. 1965.10.05 memo fm BLM dir to asst sec minieral resources re INCO's proposed preference right lease (1959-1966.004875).pdf 115. 1965.10.29 memo fm conservation div chief to USGS assoc dir re proposed INCO preference right lease terms (19591966.004855).pdf 108. 1965.08.18 MFR fm conservation div asst chief re INCO meeting at which INCO agreed to drop 50 year lease term (1959-1966.004899).pdf 120. 1966.01.10 memo fm USGS dir to secretary re congressional phone call to discuss INCO royalty lease terms (1959-1966.004818).pdf MNES-01352 1966 Lease.pdf 121. 1966.01.20 memo fm asst sec'y mineral resources to under sec re INCO royalty & performance negotiations (1959-1966.004813).pdf 1985.08.28 memo assoc distrct mgr to state director re recommendation on INCO min NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. CASE 0:16-cv-03042-SRN-LIB Document 72-2 Filed 02/21/17 Page 1 of 9 Supplemental and Amended Complaint EXHIBIT 2 CASE 0:16-cv-03042-SRN-LIB Document 72-2 Filed 02/21/17 Page 1 of 9 Supplemental and Amended Complaint EXHIBIT 2 Label: "Twin Metals/TMM FOIA request/SOL-2018-00089/Harris" Created by:briana.collier@sol.doi.gov Total Messages in label:43 (5 conversations) Created: 08-07-2018 at 13:13 PM Conversation Contents Fwd: tm Attachments: /3. Fwd: tm/1.1 Twin Metals -- Draft Final Clean (steve) 12 5 2017.docx "Harris, Steve" From: Sent: To: Subject: Attachments: "Harris, Steve" Tue Aug 07 2018 11:14:44 GMT-0600 (MDT) Briana Collier Fwd: tm Twin Metals -- Draft Final Clean (steve) 12 5 2017.docx 8 of 13 ---------- Forwarded message ---------From: Harris, Steve Date: Tue, Dec 5, 2017 at 1:56 PM Subject: tm To: Steve Harris ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. DRAFT – Privileged and Confidential December 5, 2017 MMemorandum To: Director, Bureau of Land Management From: Solicitor Subject: Reversal of M-37036, “Twin Metals Minnesota Application to Renew Preference Right Leases (MNES-01352 and MNES-01353)” (b) (5) 1 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 2 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 3 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 4 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 5 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 6 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 7 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 8 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 9 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 10 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 11 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 12 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 13 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 14 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 15 DRAFT – Privileged and Confidential December 5 2017 (b) (5) 16 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 17 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 18 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 19 Label: "Twin Metals/TMM FOIA request/SOL-2018-00089/Harris" Created by:briana.collier@sol.doi.gov Total Messages in label:43 (5 conversations) Created: 08-07-2018 at 13:13 PM Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. ------------------------------------------Steve Harris Paralegal Specialist Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. Label: "Twin Metals/TMM FOIA request/SOL-2018-00089/Harris" Created by:briana.collier@sol.doi.gov Total Messages in label:43 (5 conversations) Created: 08-07-2018 at 13:13 PM Conversation Contents Twin Metals Clean Version Attachments: /5. Twin Metals Clean Version/1.1 Twin Metals -- Draft Final Clean 12 5 2017.docx /5. Twin Metals Clean Version/3.1 Twin Metals -- Draft Final Clean 12 5 2017+bwc.docx /5. Twin Metals Clean Version/5.1 Twin Metals -- Draft Final Clean 12 5 2017+bwc rhm.docx /5. Twin Metals Clean Version/6.1 2017.12.05 Twin Metals -- Draft Final Clean 12 5 2017+bwc rhm ksh.docx /5. Twin Metals Clean Version/10.1 2017.12.06 Twin Metals -- Draft Final Clean 12 5 2017+bwc rhm ksh (1) steve.docx /5. Twin Metals Clean Version/11.1 2017.12.06 Twin Metals -- Draft Final Clean 12 5 2017+bwc rhm ksh (1) steve.docx /5. Twin Metals Clean Version/12.1 Twin Metals -- Draft Final Clean 12 5 2017.docx /5. Twin Metals Clean Version/12.2 Twin Metals -- Draft Final Clean 12 5 2017+bwc.docx /5. Twin Metals Clean Version/12.3 Twin Metals -- Draft Final Clean 12 5 2017+bwc rhm.docx /5. Twin Metals Clean Version/12.4 2017.12.05 Twin Metals -- Draft Final Clean 12 5 2017+bwc rhm ksh.docx /5. Twin Metals Clean Version/12.5 2017.12.06 Twin Metals -- Draft Final Clean 12 5 2017+bwc rhm ksh (1) steve.docx "Haugrud, Kevin" From: Sent: To: CC: Subject: Attachments: "Haugrud, Kevin" Tue Dec 05 2017 10:38:55 GMT-0700 (MST) Karen Hawbecker , Briana Collier , Richard McNeer , Gary Lawkowski Mariagrazia Caminiti Twin Metals Clean Version Twin Metals -- Draft Final Clean 12 5 2017.docx Here's a clean version of the draft opinion that has been cleared by Dan. Let's use this one for any additional edits. Karen, we should probably have Steve do one more cite-check before we go final. I'm copying Marigrace as well. "Hawbecker, Karen" From: Sent: To: "Hawbecker, Karen" Tue Dec 05 2017 10:39:39 GMT-0700 (MST) "Haugrud, Kevin" This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Tue, Dec 5, 2017 at 10:39 AM, Hawbecker, Karen wrote: Okay. I'll send it to Steve now. --Karen On Tue, Dec 5, 2017 at 12:38 PM, Haugrud, Kevin wrote: Here's a clean version of the draft opinion that has been cleared by Dan. Let's use this one for any additional edits. Karen, we should probably have Steve do one more citecheck before we go final. I'm copying Marigrace as well. "Hawbecker, Karen" From: Sent: To: CC: Subject: "Hawbecker, Karen" Tue Dec 05 2017 18:29:12 GMT-0700 (MST) "Haugrud, Kevin" Briana Collier , Richard McNeer , Gary Lawkowski , Mariagrazia Caminiti Re: Twin Metals Clean Version ​Jack, Briana, Richard, and I have reviewed the latest version and noted our combined edits in the same document. Steve is going to cite-check that version first thing in the morning. We plan to send you our feedback by mid-day tomorrow. ​ --Karen On Tue, Dec 5, 2017 at 12:38 PM, Haugrud, Kevin wrote: Here's a clean version of the draft opinion that has been cleared by Dan. Let's use this one for any additional edits. Karen, we should probably have Steve do one more cite-check before we go final. I'm copying Marigrace as well. Kevin Haugrud From: Sent: To: CC: Kevin Haugrud Tue Dec 05 2017 18:49:01 GMT-0700 (MST) "Hawbecker, Karen" Briana Collier , Richard McNeer , Gary Lawkowski , Mariagrazia Caminiti the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Tue, Dec 5, 2017 at 10:39 AM, Hawbecker, Karen wrote: Okay. I'll send it to Steve now. --Karen On Tue, Dec 5, 2017 at 12:38 PM, Haugrud, Kevin wrote: Here's a clean version of the draft opinion that has been cleared by Dan. Let's use this one for any additional edits. Karen, we should probably have Steve do one more cite-check before we go final. I'm copying Marigrace as well. "Collier, Briana" From: Sent: To: CC: Subject: Attachments: "Collier, Briana" Wed Dec 06 2017 13:56:18 GMT-0700 (MST) "Haugrud, Kevin" "Hawbecker, Karen" , "McNeer, Richard" Re: Twin Metals Clean Version 2017.12.06 Twin Metals -- Draft Final Clean 12 5 2017+bwc rhm ksh (1) steve.docx Jack, Here is the Twin Metals M-Opinion with DMR's combined edits. Please let us know of any questions or concerns. Thank you, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Wed, Dec 6, 2017 at 1:13 PM, Hawbecker, Karen wrote: Briana, Here's the memo with all of our combined edits. Please see the four or five notes from Steve regarding On Tue, Dec 5, 2017 at 10:39 AM, Hawbecker, Karen wrote: Okay. I'll send it to Steve now. --Karen On Tue, Dec 5, 2017 at 12:38 PM, Haugrud, Kevin wrote: Here's a clean version of the draft opinion that has been cleared by Dan. Let's use this one for any additional edits. Karen, we should probably have Steve do one more cite-check before we go final. I'm copying Marigrace as well. "Harris, Steve" From: Sent: To: Subject: Attachments: "Harris, Steve" Tue Aug 07 2018 11:13:15 GMT-0600 (MDT) Briana Collier Fwd: Twin Metals Clean Version Twin Metals -- Draft Final Clean 12 5 2017.docx Twin Metals -Draft Final Clean 12 5 2017+bwc.docx Twin Metals -- Draft Final Clean 12 5 2017+bwc rhm.docx 2017.12.05 Twin Metals -- Draft Final Clean 12 5 2017+bwc rhm ksh.docx 2017.12.06 Twin Metals -- Draft Final Clean 12 5 2017+bwc rhm ksh (1) steve.docx 6 of 13 Forwarded conversation Subject: Fwd: Twin Metals Clean Version -----------------------From: Hawbecker, Karen Date: Tue, Dec 5, 2017 at 12:40 PM To: Steve Harris Steve, Could I ask you to do one more cite-check before this goes final. We expect it to go final this week. Thank you. --Karen ---------- Forwarded message ---------From: Haugrud, Kevin Date: Tue, Dec 5, 2017 at 12:38 PM Subject: Twin Metals Clean Version To: Karen Hawbecker , Briana Collier , Richard McNeer , Gary Lawkowski Cc: Mariagrazia Caminiti Here's a clean version of the draft opinion that has been cleared by Dan. Let's use this one for Division of Mineral Resources Office of the Solicitor U.S. Department of the Interior Phone: (202) 208-5368 Fax: (202) 208-2225 NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. ---------From: McNeer, Richard Date: Tue, Dec 5, 2017 at 5:33 PM To: "Collier, Briana" Cc: "Hawbecker, Karen" , Steve Harris Briana: I made only one comment on p.4. Thanks, Richard On Tue, Dec 5, 2017 at 2:04 PM, Collier, Briana wrote: ---------From: Hawbecker, Karen Date: Tue, Dec 5, 2017 at 8:20 PM To: "Collier, Briana" Cc: Steve Harris , "McNeer, Richard" Briana, I reviewed the version that Richard sent with his comment included and added my edits. This version now has all of our combined DMR edits before Steve's review. Please see my question in your comment on page 18. Steve, Please review this version for cite checking. Thank you. --Karen ---------From: Collier, Briana Date: Wed, Dec 6, 2017 at 10:01 AM entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you received this message in error, please notify the sender immediately and destroy all copies. DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 2 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 3 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 4 DRAFT – Privileged and Confidential December 5 2017 (b) (5) 5 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 6 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 7 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 8 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 9 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 10 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 11 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 12 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 13 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 14 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 15 DRAFT – Privileged and Confidential December 5 2017 (b) (5) 16 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 17 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 18 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 19 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 14 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 15 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 16 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 17 DRAFT – Privileged and Confidential December 5 2017 (b) (5) 19 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 3 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 5 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 6 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 7 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 8 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 10 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 11 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 12 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 13 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 14 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 15 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 16 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 17 DRAFT – Privileged and Confidential December 5, 2017 (b) (5) 19