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HomeMy WebLinkAbout909198~i}'m 3100.]lb' UNITED STATES i~x. tO~er 199z) DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT OFFER TO LEASE AND LEASE FOR OIL AND GAS '-00064' 'he undersigned (reverse) offers to lease all or any of the lands in Item 2 that are available for lease pursuant to the Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 t seq.), the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the Attorney General's Opinion of April 2. 1941 (40 Op. Att'y. Gen. 41), or the Name Street City, State, Zip Code ZINKE & TRUMBO Il'/'(7 l~t~ r: 33'P,D ST TULSA, OK 741052048 INSTRUCTIONS BEFORE COMPLE~NG This application/offer/lease is for: (Check only One) ~ PUBLIC DOMAIN LANDS Surface managing agency if other than BLM: Legal description of land requested: *Parcel No.: *SEE ITEM 2 IN INSTRUCTIONS BELOW PRIOR TO COMPLETING PARCEL NUMBER AND SALE DATE. T. R. Meridian State Future rental payments must be made on or before the anniversary dale to: Minerals Management Service Royally Management Program P.O. Box 5640 Denver, CO 80217 [3 ACQUIRED LANDS (percent U.S. interest ) Unit/Project *Sale Date (m/d/y): / / __ County RECEIVED 6/13/2005 at 2:16 PM RECEIVING # 909198 BOOK: 588 PAGE: 64 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Amount remined: Filing fee $ Rental fee $ DO NOT WRITE BELOW THIS LINE Total acres applied for Total $ Land included in lease: T. 0210N R. l 140W Meridian 06i'~t State 'WY County Sec. 005 N2S'W,NWIE; 006 [,O]'L~ 1-7; 006 Total acres in lease 17 } 6.9,10 Rental retained $ 7q'7_q qtt his lease is issued granting the exclusive right to d~'ill for, mine, extract, remove and dispose of all the oil and gas (except helium) in the lands described in Item 3 together with the right to build id maintain necessary improvements thereupon for the term indicated below, subject to renewal or extension in accordance with the appropriate leasing authority. Rights granted are subject to :~plicable laws, the terms, conditions, and attached stipulations of this lease, the Secretary of the Interior's regulations and formal orders in effect as of lease issuance, and to regulations and formal rders hereafter promulgated when not inconsistent with lease rights granted or specific provisions of this lease. OTE: This lease is issued to the high bidder pursuant to his/her duly executed bid or nomination form submitted under 43 CFR 3120 and is subject to the provisions of that bid or ' amination and those specified on this form. ype andprimary termoflease: THE~TATES OF AMERICA I ?~," ~:4 , ] Noncompetitive lease (ten years) by ~//~ / ..... ]_ 1 2005 ! Competitive lease (ten years) ~~. Mip, or~;I5: ,,~ d i~'li,'.',~ic'~t~ .... (Title) ,Other E FECT,VED^ O LE^S dUN 0 1 2005 (Date, ?ontinued on reverse) I. (a) Undersigned certifies that (1) offeror is a citizen of the United States; .an msocJatlon of such citizens; a municipality; or a corporation organized under the laws of the United States or of any ;tale or Territory thereof; (2) all parties holding an interest in the offer are in compliance with 43 CFR 3100 and thc leasing authorities; (3) offeror's chargeable interests, direct and indirect, in each mblic domain and acquired lands separately in the same Stme do not exceed 246,080 acres in oil ,tod ga.s le~es (of which up to 200,000 acres may be in oil and gas uptions), or 300,000 acres in eases in each leasing District in Alas 'ka of which up to 200,000 acres may be in options, (4) offeror is not considered a minor under the taws of the State in which the lands covered by this offer are orated; (5) offeror is in compliance with qualific.'~tlons concerning Federal coal lease holdings provided in sec. 2(aX2XA) of the Mineral Leasing Act; (6) offeror is in compliance with reclamation cqulrement$ for all Federal oil and g~ lease holdings ~ required by sec. 17(g) of the Mineral Leasing Act; and (7) offeror is not in violation of sec. 41 of the Act. Co) Undersigned agree.s that signature to this offer constitutes acceptance of this lease, inclc, dlng all terms, conditions, and stipniaficos of which offeror has been given notice, .and any amendment ~r separnte lease that may include any land described in this offer open to leasing at the time this offer was filed but omitted for any re.on from this lc:me. The offeror further agrees that this offer :annot be withdrawn, either in whole or in part, unless the withdrawal is received by the proper BLM State Office before this lease, an amendment to this lease, or a separate lease, whichever covers he land described in the withdrawal, has been signed on behalf of the United States. This offer will be rejected ~md will ~lrord offeror no priority if it is not properly completed mad executed in ~ceordance with the reguh~tions, or if it is not ~ccomlmnied by the required ~yments. 18 U.S.C. See. 1001 nmkes it ~, crime for any person knowingly and willfully to make to ~ny Depmament or agency of the United States tm, y ~0.st~l'g"l/t'~ .~m~s or fraudulent s~ternenta )uly executed this day of , 19 __ (Signature of Lessee or Attorney-in-fact) LEASE TERMS ;cc. I. Rentals--Rentals shall be paid to proper office of lessor in advance of each lease year. ~,.nnual rental rates per acre or fraction thereof are: (a) Noncompetitive lease. $1.50 for the first 5 years; thereafter $2.00; (b) Competitive lease, $1.50; for the first 5 years; thereafter $2.00; (c) Other, see attachment, or x specified in regulations at the time this lease is issued. If this lease or a portion thereof is committed to an approved cooperative or unit plan which acludes a well capable of producing leased resources, and the plan contains a provision for lloeation of production, royalties shall he paid on the production allocated to this lease. However, nnual rentals shall continue to be due at the rate specified in (a). (b). or (c) for those lands ~ot within a participating area. Failure to pay annual rental, if due. on or before the anniversary date of this lease (or next ,fficial working day if office is closed) shall automatically terminate this lease by operation of aw. Rentals may be waived, reduced, or suspended by the Secretary upon a sufficient showing ~y lessee. ;ex. 2. Royalties--Royalties shall be paid to proper office of lessor. Royalties shall be computed n accordance with regulations on production removed or sold. Royalty rates are: (a) Noncompetitive lease, 12 tA %; (b) Competitive lease, (c) Other, see attachment; or ~s specified in regulations at the time this lease is issued. Lessor reserves the fight to specify whether royalty is to be paid in value or in kind, and the ight to establish reasonable minimum values on products after giving lessee notice and an ~pportunity to be heard. When paid in value, royalties shall be due and payable on the last day ~f the month following the month in which production occurred. When paid in kind, production hall be delivered, unless otherwise agreed to by lessor, in merchantable condition on the premises vhere produced without cost to lessor. Lessee shall not be required to hold such production n storage beyond the last day of the month following the month in which production occurred, ~or shall lessee be held liable for loss or destruction of royalty oil or other products in storage rom causes beyond the reasonable control of lessee. Minimum royalty in lieu of rental of not less than the rental which otherwise would be required or that lease year shall be payable at the end of each lease year beginning on or after a discovery a paying quantities. This mimmum royalty may be waived, suspended, or reduced, and the bore royalty rates may be reduced, for all or portions of this lease if the Secretary determines hat such action is necessary to encourage the greatest ultimate recovery of the leased resources, )r is otherwise justified. An interest charge shall be assessed on late royalty payments or underpayments in accordance dth the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) (30 U.S.C. 1701). .,essce shall be liable for royalty payments on oil and gas lost or wasted from a lease site when uch loss or waste is due to negligence on the part of the operator, or due to the failure to comply dth any rule, regulation, order, or citation issued under FOGRMA or the leasing authority. ;cc. 3. Bonds--A bond shall be fried and maintained for lease operations as required under egulations. ;cc. 4. Diligence, rate of development, unitization, and dralnage--I_essee shall exercise reasonable iligence in developing and producing, and shall prevenl unnecessary damage to, loss of, or ~a,qte of leased resources. Lessor reserves right to specify rates of development and production a the public interest and to require lessee to subscribe to a cooperative or unit plan, within 30 ays of notice, if deemed necessary for proper development and operation of area, field, or pool mbracing these leased land& Lessee shall drill and produce wells necessary to protect leased ands from drainage or pay compensatory royalty for drainage in amount determined by lessor. ;cc. 5. Documents, evidence, and inspection--Lessee shall fde with proper office of lessor, ot later than 30 days after effective date thereof, any contract or evidence of other arrangement ar ~de or disposal of production. At such times and in such form as lessor may prescribe, lessee hall furnish detailed statements showing amoonts and quality of all products removed and sold. ,roceeds therefrom, and amount u.~l for production purposes or unavoidably lost. Lessee may e required to provide plats and schematic diagrams showing development work and 7nprnvements, and reports with respect to parties in interest, expenditures, and depreciation osts. In the form prescribed by lessor, lessee shall keep a daily drilling record, a log, information n well surveys and tests, and a record of subsurface investigations and furnish copies to lessor then required. Lessee shall keep open at all reasonable times for inspection by any authorized fficer of lessor, the leased premises and all wells, improvements, machinery, and fixtures thereon, nd all books, accounts, maps, and records relative to operations, surveys, or investigations n or in the leased lands. Lessee shall maintain copies of all cont~racts, sales agreements, accounting ecords, and documentation such as billings, invoices, or similar documentation that supports costs claimed as manufacturing, preparation, and/or transportation costs. All such records shall be maintained in lessee's accounting offices for future audit by lessor. Lessee shall maintain required records for 6 years after they are generated or, if an audit or investigation is underway, until released of the obligation to maintain such records by lessor. During existence of this lease, 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. Conduct of operations--Lessee shall conduct operations in a manner that minimizes adverse impacts to the land, air, and water, to cultural, biological, visual, and other resources, and to other land uses or users. Lessee shall mite reasonable measures deemed necessary by lessor to accomplish the intent of this section. To the extent consistent with lease rights granted, such measures may include, but are not limited to, modification to siting or design of facilities, timing of operations, and specification of interim and final reclanration measures. Lessor reserves the right to continue existing uses and to authorize future uses upon or in the leased lands, including the approval of easements or rights-of-way. Such uses shall be conditioned so as to prevent unnecessary or unreasonable interference with rights of lessee. Prior to disturbing the surface of the leased lands, lessee shall contact lessor to be apprised of procedures to be followed and modifications or reclamation measures that may be necessary. Areas to be disturbed may require inventories or special studies to determine the extent of impacts to other resources. Lessee may be required to complete minor inventories or short term special studies under guidelines provided by lessor. If in the conduct of operations, threatened or endangered species, objects of historic or scientific interest, or substantial unanticipated environmental effects are observed, lessee shall hnmediately contact lessor. Lessee shall cease any operations that would result in the destruction of such species or objecu. Sec. 7. Mining operations--To the extem that in,pacts from mining operations would he substantially different or greater than those associated with normal drilling operations, lessor reserves the right to deny approval of such operations. Sec. 8. Extraction of helium--Lessor reserves the option of extracting or having extracted helium from gas production in a manner specified and by means provided by lessor at no expense or loss to lessee or owner of the gas. Lessee shall include in any contract of sale of ga~ the provisions of this section. Sec. 9. Damages to properly--Lessee shall pay lessor for damage to lessor's improvemeuts, and shall save and hold lessor harmless from all claims for damage or harm to persons or property as a result of lease operations. Sec. 10. Protection of diverse interests and equal opportunity--Lessee shall: pay when due all taxes legally assessed and levied under 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 accor ~dance with standard:indnatry practices; and take measures necessary to protect the health and safety of the public. Lessor reserves the right to ensure that production is sold at reasonable prices and to prevent monopoly. If lessee operates a pipeline, or owns controlling interest in a pipeline or a company operating a pipeline, which may be operated accessible to oil derived from these lea~d lands, lessee shall comply with section 28 of the Mineral Leasing Act of 1920. Lessee shall comply with Executive Order No. 11246 of September 24. 1965, as amended, and regulations and relevant orders of the Secretary of Labor issued pursuant thereto. Neither lessee nor lessee's subcontractors shall maintain segregated facilities. Sec. I 1. Transfer of lease interests and relinquishment of lease--As required by regulations, lessee shall file with lessor any assignment or other transfer of an interest in this lease. Lessee may relinquish this lease or any legal subdivision by tiding in the proper office a written relinquishment, which shall be effective as of the date of tiding, subject to the continued obligation of the lessee and surety to pay all accrued rentals and royalties. Sec. 12. Delivery of premises--At such time as all or portions of this lease are returned to lessor, lessee shall place affected wells in condition for suspension or abandonment, reclaim the land as specified by lessor and, within a reasonable period of time, remove equipment and improvements not deemed necessary by lessor for preservation of producible wells. Sec. 13. Proceedings in case of default--If lessee fails to comply with any provisions of this lease, and the noncompliance continues for 30 days after written notice thereof, this lea~ shall be subject to cancellation unless or until the leasehold contains a well capable of production of oil or gas in paying quantities, or the lease is committed to an approved cooperative or unit plan or communitization agreement which contains a well capable of production of unitized substances in paying quantities. 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 nol prevent later cancellation for the ~me default occurring at any other time. Lessee shall he subject to applicable provisions and penalties of FOGRMA (30 U.S.C. 1701). Sec. 14. Heirs and successors-in-interest--Each obligation of this lease shall extend to and he binding upon, and every benefit hereof shall innre to the heirs, executors, administrators, successors, beneficiaries, or assignees of the respective parties hereto. O~}:O~I~S UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT COMPETITIVE OIL AND GAS OR GEOTHERMAL RESOURCES LEASE BID 30'U.S.C. 181 et seq.; 30 U.S.C. 351-359; 30 U.S.C. ,1001-1025; 42 U.S.C. 6508 PARCEL NUMBER rile BID IS FOR (Che~k One): and Gas Parcel Number --] Geothermal Parcel Number Name of Known Geothermal Resource Area (KGRA) State ¥1 162677' FORM APPROVED OMB NO. 1004-0074 Expires: May 31, 2000 00066 Date of sale AMOUNT OF BID TOTAL BID (See Instructions below) PAYMENT SUBMITTED WITH BID Yhe appropriate regulations applichble to this bid are: (1) for oil and gas leases--43 CFR 3120; (2) for National Petroleum Reserve-Alaska (NPR-A) eases--43 CFR 3132; and (3) for Geothermal resources leases--43 CFR 3220. (See details concerning lease qualifications on reverse.) [ CERTIFY THAT I have read and am in compliance with, and not in violation of, the lessee qualification requirements under the applicable regulations 'or this bid. CERTIFY THAT this bid is not in violation of 18 U.S.C. 1 ~60 which prohibits unlawful combination or intimidation of bidders. I further certify that his bid was arrived at independently and is tendered without collusion with any other bidder for the purpose of restricting competition. MPORTANT NOTICE: Execution of this form, where the offer is the high bid, constitutes a binding lease offer, including all applicable terms and :onditions. Failure to comply with the applicable laws and regulations under which this bid is made shall result in rejection of the bid and forfeiture of dl monies submitted. ::.lW::-:: P o: tx~&, Print or Type Name of Lessee Address of Lessee City State Zip Code Signature of Lessee or Bidder INSTRUCTIONS INSTRUCTIONS FOR OIL AND GAS BID (Except NPR-A) · Separate bid for each parcel is required. Identify parcel by the parcel number assigned in the Notice of Competitive Lease Sale. !. Bid must be accompanied by the national minimum'acceptable bid, the first year's rental and the administrative fee. The remittance must be in the form specified in 43 CFR 3103.1-1. The remainder of the bonus bid, if any, must be submitted to the proper BLM office within 10 working days after the last day of the oral auction. Failure to submit the remainder of the bonus bid within 10 working days will result in rejection of the bid offer and forfeiture of all monies paid. · If bidder is not the sole party in interest in the lease for which the bid is submitted, all other parties in interest may be required to furnish evidence of their qualifications upon written request by the authorized officer. -. This bid may be executed (signed) before the oral auction. If signed before the oral auction, this form cannot be modified wilhout being executed again. ~ · In view of the above requirement (4), bidder may wish to leave AMOUNT OF BID section blank so that final bid amount may be either completed by the bidder or the Bureau of Land Management at the oral auction. INSTRUCTIONS FOR GEOTHERMAL OR NPR-A OIL AND GAS BID 1. Separate bid for each parcel is required. Identify parcel by the number assigned to a tract. Bid must be accompanied by one-fifth of the total amount of bid. The remittance must be in the form specified in 43 CFR 3220.4 for a Geothermal Resources bid and 3132.2 for a NPR-A lease bid. 3. Mark envelope Bid for Geot,.hermal Resources Lease in (Name of KGRA) or Bid for NPR-A Lease, as appropriate. Be sure correct parcel number of tract on which bid is submitted and date of bid opening are noted plainly on envelope. No bid may be tnodified or withdrawn unless such modification or withdrawal is received prior to time fixed for opening of bids. 4. Mail or deliver bid to the proper BLM office or place indicated in the ~ Notice of Competitive Lease Sale. If bidder is not the sole party in interest in the lease for which bid is submitted, all other parties in interest may be required to furnish evidence of theii- qualifications upon written request by the authorized officer. : 'ire 18 U.S.C. Section 100l and Title 43 U.S.C. Section 1212 make it a crhne for ar~y person know ngly and willfully to make to any deparm~em or agency of the Unite~ .tares any false, fictitious, or fraudulent statements or representations as to any matter Within 'its jurisdiction. Zontinued on reverse) flPTIflg.[I I I.~1~ P. flP¥ [;'arm QUALIFICATIONS ?or leases that may be issued as a result of this sale under the Mineral Leasing Act (The Act) of 1920, as amended; the oral bidder must: (1) Be r citizen of the United States; an association (including partnerships and 'rusts) of such citizens; a municipality; or a corporation organized under :he laws of the United States or of any State or Territory the/'eof; (2) Be in compliance with acreage limitation requirements wherein the bidder's interests, direct and indirect, in oil and gas leases in the State identified do not exceed 246,080 acres each io public domain o[ acquired lands including acreage covered by this bid, of which not more than 200,000 acres are under options. If this bid is submitted for lands in Alaska, the bidder's holdings in each of the Alaska leasing districts do not exceed 300,000 acres, of which no more than 200,000 acres are under options in each district; (3) Be in compliance with Federal coal lease holdings as provided in sec. 2(a)(2)(A) of the Act; (4) Be in compliance with reclamation requirements for all Federal oil and gas holdings as required by sec. 17 of the Act; (5) Not be in violation of sec. 41 of the Act; and (6) Certify that 'all parties in interest in this bid are in compliance with 43 CFR Groups 3000 and 3100 and the leasing authorities cited herein. For leases that may be issued as a result of this sale under the Geothermal Steam Act of 1970, as amended, the bidder must: (1) Be a citizen of the United States; an association of such citizens; a municipality; or a corporation organized under the laws of the United States or of any State or Territory thereof; and (2) Be in compliance with acreage limitation requirements wherein the bidder's interests, direct and indirect, do not exceed 51,200 acres; and (3) Certify that all parties in interest in this bid are in compliance with 43 CFR Group 3200 and the leasing authority cited herein. For leases that may be issued as a result of this sale under the Department of the Interior Appropriations Act of 1981, the bidder must: (1) Be a citizen or national of the United States; an alien lawfully admitted for permanent residence; a'private, pu. blic or municipal corporation organized under the laws of the United States or of any State or Territory thereof; an association of such citizens, nationals, resident aliens or private, public or municipal corporations, and (2) Certify that all parties in interest in this bid are in compliance with 43 CFR Part 3130 and the leasing authorities cited herein. NOTICE The Privacy Act of 1974 and the regulatiota in 43 CFR 2.48(d) provide that you'be furnished the following information in connection with information required by this bid for a Competitive Oil and Gas or Geothermal Resources Lease. AUTHORITY: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 30 U,S.C. ' 1001-1025; 42 U.S.C. 6508 PRINCIPAL PURPOSE: The information is tO be used to process your bid. ROUTINE USES: (1)The adjudication of the bidder's right to the resources for which this bid is made. (2) Documentation for public information. (3) Transfer to appropriate Federal agencies when comment or concurrence is required prior to granting a right in public lands or resources. (4)(5) Information from the record and/or the record will be transferred to appropriate Federal, State, local or foreign agencies, when relevant to civil, criminal or regulatory investigations or prosecu- tions. EFFECT OF NOT PROVIDING INFORMATION: Disclosure of the information'is Voluntary. I fall the information is not provided, your bid may be rejected. The Paperwork Reduction Act of 1995 (44 u.S.C. 3501 et seq.) requires us to inform ygu that: This information is being collected in accordanCe with 43 CFR 3120, 43 CFR 3130, or 43 CFR 3220.. This information will be Used t° det6rmine the bidder submitting the highest bid. Response to this request is required to obtain a benefit.. BLM would like you to know that you do not have to respond to this or any other Federal agency-sponsored infommtion collection unless it displays a currently valid OMB control number. BURDEN HOURS STATEMENT Public reporting burden for this form is estimated to average 2 hours per response including the time for reviewing instructions, gathering and maintaining data, and 'completing and reviewing the form. Direct comments reg'ardiflg the'burden estimate or any other aspect of this form to U.S. Deparm~ent of the Interior. Bureau of Land · Management, Bureau Clearance Officer (wO-630), 1620 L Street, Washington, D.C. 20036 and the Office of Management and Budget, Desk Officer for the Interior Deparqn. ent, Office of Regulatory Affairs (1004-0074), Washington, D.C. 20503. tlY W162677 '..00068 MULTIPLE MINERAL DEVELOPMENT STIPULATION Operations will not be approved which, in the opinion of the authorized officer, would unreasonably interfere with the orderly development and/or production from a valid existing mineral lease issued prior to this one for the same lands. THIS ST~ULATION APPLIES TO Al .1. PARCELS LEASE NOTICE NO. 1 00069 Under Regulation 43 CFR 3101.1-2 and terms of the lease (BLM Form 3100-11), the authorized officer may require reasonable measures to minimize adverse impacts to other resource values, land uses, and users not addressed in lease stipulations at the time operations are proposed. Such reasonable measures may include, but are not limited to, modification of siting or design of facilities, timing of operations, and specification of interim and final reclamation measures, which may require relocating proposed operations up to 200 meters, but not off the leasehold, and prohibiting surface disturbance activities for up to 60 days. The lands within this lease may include areas not specifically addressed by lease stipulations that may contain special values, may be needed for special purposes, or may require special attention to prevent damage to surface and/or other resources. Possible special areas are identified below. Any surface use or occupancy within such special areas will be strictly controlled or, if absolutely necessary, prohibited. Appropriate modifications to imposed restrictions will be made for the maintenance and operation of producing wells. 1. Slopes in excess of 25 percent. 2. Within 500 feet of surface water and/or riparian areas. 3. Construction with frozen material or during periods when the soil material is saturated or when watershed damage is likely to occur. 4. Within 500 feet of Interstate highways and 200 feet of other existing rights-of-way (i.e., U.S. and State highways, roads, railroads, pipelines, powerlines). 5. Within 1/4 mile of occupied dwellings. 6. Material sites. GU/DANCE: The intent of this notice is to inform interested parties (potential lessees, permittees, operators) that when one or more of the above conditions exist, surface disturbing activities will be prohibited unless or until the permittee or the designated representative and the surface management agency (SMA) arrive at an acceptable plan for mitigation of anticipated impacts. This negotiation will occur prior to development and become a condition for approval when authorizing the action. Specific threshold criteria (e.g., 500 feet from water) have been established based upon the best information available. However, geographical areas and time periods of concern must be delineated at the field level (i.e., "surface water and/or riparian areas" may include both intermittent and ephemeral water sources or may be limited to perennial surface water). The referenced oil and gas leases on these lands are hereby made subject to the stipulation that the exploration or drilling activities will not interfere materially with the use of the area as a materials site/free use permit. At the time operations on the above lands are commenced, notification will be made to the appropriate agency. The name of the appropriate agency may be obtained from the proper BLM Field Office. THIS NOTICE APPI ,I~.S TO Al ,1. PARCELS LEASE NOTICE NO. 2 BACKGROUND: - 00070 The Bureau of Land Management (BLM), by including National Historic Trails within its National Landscape Conservation System, has recognized these trails as national treasures. Our responsibility is to review our strategy for management, protection, and preservation of these trails. The National Historic Trails in Wyoming, which include the Oregon, California, Mormon Pioneer, and Pony Express Trails, as well as the Nez Perce Trail, were designated by Congress through the National Trails System Act (P.L. 90-543; 16 U.S.C. 1241-1251) as amended through P.L. 106-509 dated November 13, 2000. Protection of the National Historic Trails is normally considered under the National Historic Preservation Act (P.L. 8%665; 16 U.S.C. 470 et seq.) as amended through 1992 and the National Trails System Act. Additionally, Executive Order 13195, "Trails for America in the 21 ~' Century," signed January 18, 2001, states in Section 1: "Federal a,oencies will...protect, connect, promote, and assist trails of all types throughout the United States. This will be accomplished by: (b) Protecting the trail corridors associated with national scenic trails and the high priority potential sites and segments of national historic trails to the degrees necessary to ensure that the values for which each trail was established remain intact." Therefore, the BLM will be considering all impacts and intrusions to the National Historic Trails, their associated historic landscapes, and all associated features, such as trail traces, grave sites, historic encampments, inscriptions, natural features frequently commented on by emigrants in journals, letters and diaries, or any other feature contributing to the historic significance of the trails. Additional National Historic Trails will likely be designated amending the National Trails System Act. When these amendments occur, this notice will apply to those newly designated National Historic Trails as well. STRATEGY: The BLM will proceed in this objective by conducting a viewshed analysis on either side of the designated cemerline of the National Historic Trails in Wyoming, except, at this time, for the Nez Perce Trail, for the purpose of identifying and evaluating potential impacts to the trails, their associated historic landscapes, and their associated historic features. Subject to the viewshed analysis and archaeological inventory, reasonable mitigation measures may be applied. These may include, but are not limited to, modification of siting or design of facilities to camouflage or otherwise hide the proposed operations within the viewshed. Additionally, specification of interim and final reclamation measures may require relocating the proposed operations within the leasehold. Surface disturbing activities will be analyzed in accordance with the National Environmental Policy Act of 1969 (P.L. 91- 190; 42 U.S.C. 4321-4347) as amended through P.L. 94-52, July 3, 1975 and P.L. 94-83, August 9, 1975, and the National Historic Preservation Act, supra, to determine if any design, siting, timing, or reclamation requirements are necessary. This strategy is necessary until the BLM determines that, based on the results of the completed viewshed analysis and archaeological inventory, the existing land use plans (Resource Management Plans) have to be amended. The use of this lease notice is a predecisional action, necessary until final decisions regarding surface disturbing restrictions are made. Final decisions regarding surface disturbing restrictions will take place with full public disclosure and public involvement over the next several years if BLM determines that it is necessary to amend existing land use plans. GUIDANCE: The intent of this notice is to inform interested parties (potential lessees, permittees, operators) that when any oil and gas lease contains remnants of National Historic Trails, or is located within the viewshed of a National Historic Trails' designated centerline, surface disturbing activities will require the lessee, permittee, operator or, their designated representative, and the surface management agency (SMA) to arrive at an acceptable plan for mitigation of anticipated impacts. This negotiation will occur prior to development and become a condition for approval when authorizing the action. TI-IlS NOTICE APPLIES TO ALL PARCELS , WYW 162677 TIMING LIMITATION STIPULATIONS - TLS No surface use is allowed during the following time period(s). This stipulation does not apply to operations and maintenance of production facilities. (1) Mar 1 to Jun 30; On the lands described below: (2) as mapped on the Kemmerer Field Office GIS database; For the purpose of (reasons): (3) protecting Sage Grouse nesting habitat. Any changes to this stipulation will be made in accordance with the land use plan and/or the regulatory provisions for such changes. (For guidance on the use of the stipulation, see BLM Manual 1624 and 3101 or FS Manual 1950 and 2820.) W162677 00072 NOTICE TO LESSEE Provisions of the Mineral Leasing Act (MLA) of 1920, as amended by the Federal Coal Leasing, Amendments Act of 1976, affect an ent/ry's qualkficadons to obtain an oil and gas lease. Section 2(a)(2)(A~ of the MLA, 30 U.S.C. 201 (a)(2)(A), requires that anv entity, that holds and has held a Federal coal lease for 10 years be~an.ing on or after Au~mzst 4, 1976, and who is not producing coal in commercial quantifies fi.om each such lease, cannot qualif-y for the issuance of an}, other lease granted under the MLA. Compliance by coal lessees with Section 2(a)(2)(A) is explained in 43 CFR 3472. In accordance with the terms of this oil and gas lease, with respect to compliance by the initial lessee with qualifications concerning Federal coal lease hold/ngs, all assignees and transferees are hereby notified that th.is oil and gas lease is subject to cancellation if: (1) the initial lessee as assignor or as transferor has falsely certified compliance with Section 2(a)(2)(A), or (2) because of a denial or disapproval by a State Office of a pending coal action,, i.e., arms-len_mh assi~mzment, relinqu/shrnent, or logical mining unit,, the init/al lessee as assi~maor or as transferor is no longer in compliance with Section 2(a)(2)(A). The assignee, sublessee or transferee does not qualify as a bona fide purchaser and, thus, has no rights to bona fide purchaser protection in the event of cancellation of th_is lease due to noncompliance with Section 2(a)(2)(A). Information regarding assignor, sublessor or transferor compliance xvith Section 2(a)(2)(A) is contained in the lease case file as well as in other Bureau of Land Management records available throu_o_h the State Office issuing, tiffs lease.