Loading...
HomeMy WebLinkAbout909199· m 3100:llb UNITED STATES Serial No. ,ua~er L0~Z)" DEPARTMENT OF THE INTERIOR W'VW , BUREAU OF LAND MANAGEMENT O0 OFFER TO LEASE AND LEASE FOR OIL AND GAS ~'. u -- o 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 eq.), the Mineral Leasing Act for Acquired Lands of 194'7, as amended (30 U.S,C. 3,51-359), the Attorney General's Opinion of April 2, 1941 (40 Op. Atty. Gen. 41), or the Name Street City, Smte, Zip Code READ INSTRUCTIONS BEFORE COMPING ZINKE & FRUMBO IN(. ['2t,12 E 33RD ST TULSA, OK 7410520,18 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 date to: Minerals Management Service Royalty Management Program ~' P.O. Box 5640 Denver, CO 80217 [] ACQUIRED LANDS (percent U.S. interest ) Unit/Project *Sale Date (m/d/y): / / County Amount remiued: Filing fee $ RECEIVED 6/13/2005 at 2:18 PM RECEIVING Ct 909199 BOOK: 588 PAGE: 73 JEANNE WAGNER LINCOLN COUIx TY CLERK, KEMMERER, WY Rental fee $ DO NOT WRITE BELOW THIS LINE Total acres applied for Total $ Land included in lease: T. 02101"/ St, o. 030 030 i1. It,40W' LOT5 1-4; W2NE,E2W2; Meridian 06till. State x~,, ¥ County I.,hiooln Total acres in lease Rental retained $ lease is issued granting the exclusive right to drill 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 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 icable laws, the terms, conditions, and atlached 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 rs hereafter promulgated when not incons sten with lease rights granted or specific provisions of this lease. FE: 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 ination and those specified on this form. :and primary term of lease: TH U~TATES ,oncompetitive ,ease (ten years) by .mpe,"ve, e(,eoy..) ..... 1 1 2005 (Title) (Date) 'ther EFFECTIVE DATEOFLEASE JUN 0 1 2005 tinued on reverse) (a) Undersigned certifies that (1) offeror is a citizen of the United States; ,an msocintlon of such citizens; a municipality; or a corpomticn organized under the laws of the United States or of any ate or Territory thereof; (2) ail parties holding an interest in the offer are in compliance with 43 CFR 3100 and the leasing authorities; (3) offcror's chargeable interests, direct and indirect, in each frolic domain and acquired lands separately in the same Stye do not exceed 246,080 acres in oll ,and g~ leases (of which up to 200,000 acres rm'~y be in oil and gas options), or 300,000 acres in asea in each leasing District in Ah~ka of which up to 200,000 acres may be in options, (4) offeror is not considered a minor under the laws of the State in which the lands covered by this offer are eated; (5) offerer is in compliance with qualifications concerning Federal coal Ieee holdings provided in sec. 2.(aX2XA) of the Mineral Le~ing Act; (6) offeror is in compliance with reclamation qulremeots 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 agrees th,at signature to this offer constitutes acceptance of this lease, including all terms, conditions, and stipulatiuns of which offeror b.,as been given notice, and any amendment separate lease th~ may include any land described in this offer open to leasing at the time this offer was filed but omitted for any reason from this lease. The offeror further agrees that this offer nnot 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 Ieee, whichever coveps e land described in the withdrawal, has been signed on behalf of the United States. Thi~ offer will be rejected and will afford offeror no priority if it is not properly completed and executed in accordance with the regulations, or if it is not accompanied by the required tymeots. 18 U.$.C. Sec. 1001 makes it a crime fovta~.~l~e,~n..f~lal0~d willfully to make to any Department or agency of the United States any false, flctitio~q or fraudulent statements repr~ntatio.~ m to ~ly mltter within lis jur~.~Y.~j .~. ~_ .j ' 0 0 9' 7 .~ .dy executed this day of , 19 __ . (Signature of Lessee or Attorney-in-fact) LEASE TERMS c. 1. Rentals--Rentals shall be paid to proper office of lessor in advance of each lease year. mual 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 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 :ludes a well capable of producing leased resources, and the plan contains a provision for ocation of production, royalties shall be paid on the production allocated m this lease. However, nual rentals shall continue to he due at the rate specified in (a), CoL or (c) for those lands ,t within a participating area. Failure to pay annual rental, if due, on or before the anniversary date of this lease (or next ficial working day if office is closed) shall autmnatically terminate this lease by operation of w. Rentals may be waived, reduced, or suspended by the Secretary upon a sufficient showing ' lessee. :c. 2. Royalties--Royalties shall be paid to proper office of lessor. Royalties shall be computed accordance with regulations on production removed or sold. Royalty rates are: (a) Noncompetitive lease, 12 ~A %; (b) Competitive lease, (c) Other, see attachment; or specified in regulations at the time this lease is issued. Lessor reserves the right to specify whether royalty is to be paid in value or in kind, and the ~ht to establish reasonable minimum values on products after giving lessee notice and an ~pormnity to be heard. When paid in value, royalties shall be due and payable on the last day 'the month following the month in which production occurred. When paid in kind, production all be delivered, unless otherwise agreed to by lessor, in merchantable condition on the premises here produced without cost to lessor. Lessee shall not be required to hold such production storage beyond the last day of the month following the month in which production occurred, ~r shall lessee be held liable for loss or destruction of royalty oil or other products in storage am causes beyond the reasonable control of lessee. Minimum royalty in lieu of rental of not less than the rental which otherwise would be required r that lease year shall be payable at the end of each lease year beginning on or after a discovery paying quantities. This minimum royalty may be waived, suspended, or reduced, and the ,ore royalty rates may be reduced, for all or portions of this lease if the Secretary deternfines at such action is necessary to encourage the greatest ultimate recovery of the leased resources, is otherwise justified. An interest charge shall be assessed on late royalty payments or underpayments in accordance ith the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) (30 U.S.C. 1701). :ssee shall be liable for royalty payments on oil and gas lost or wasted from a lease site when ch loss or waste is due to negligence on the part of the operator, or due to the failure to comply ith any rule, regulation, order, or citation issued under FOGRMA or the leasing authority. :c. 3. Boods--A bond shall be filed and maintained for lease operations as required under gulations. ~c. 4. Diligence, rate of development, unitization, and drainage--Lessee shall exercise reasonable ligunce in developing and producing, and shall prevent unnecessary damage to, loss of, or ~te of leased resources. Lessor reserves right to specify rates of development and production the public interest and to require lessee to subscribe to a cooperative or unit plan, within 30 ys of notice, if deemed necessary for proper development and operation of area, field, or pool abracing these leased lands. Lessee shall drill and produce wells necessary to protect leased ads fi'om drainage or pay compensatory royalty for drainage in amount determined by lessor. :c. 5. Documents, evidence, and inspection--Lessee shall file with proper office of lessor, ,t later than 30 days after effective date thereof, any contract or evidence of other arrangement r sale or disposal of production. At such times and in such form as lessor may prescribe, lessee all furnish detailed statements showing amounts and qnality of all products removed and sold, oceeds therefrom, and amount used for production purposes or unavoidably lost. Lessee may required to provide plats and schematic diagrams showing development work and tprovements, and reports with respect to parties in interest, expenditures, and depreciation ,sts. In the form prescribed by lessor, lessee shall keep a daily drilling record, a log, information ~ well surveys and tests, and a record of subsurface investigations and furnish copies to lessor ach required. Lessee shall keep open at all reasonable ti~nes for inspection by any authorized fleer of lessor, the leased premises and all wells, improvements, nmchinery, and ftxmres thereon, d all books, accounts, maps, and records relative to operations, surveys, or investigations ~ or in the leased lands. Lessee shall maintain copies of all contracts, sales agreements, accounting cords, 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 take 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 reclamation 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 enviromnental effects are observed, lessee shall ilnmediately contact lessor. Lessee shall cease any operations that would result in the destruction of such species or objects. Sec. 7. Mining operations--To the extent that impacts from mining operations would be substantially different or greater than those associated with normal drilling operations, lessor reserves the right to deny approval of such operations. See. 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 gas the provisions of this section. Sec. 9. Damages to property--Lessee shall pay lessor for damage to lessor's improvements, 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; mmntam a safe working environment in accordance with standan~ industry 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 leased 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. 11. 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 t-fling in the proper office a written relinquishment, which shall be effective as of the date of filing, 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 wrinen notice thereof, this lease 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 communilization 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 not prevent later cancellation for the same default occurring at any other time. Lessee shall be 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 be binding upon, and every benefit hereof shall innre to the heirs, executors, administrators, successors, beneficiaries, or assignees of the respective parties hereto. ., UNITED STATES D[PARTMENT OF THE INTERIOR -44'~ ?B"~'REAU OF LAND MANAGEMEN~4k~KJ:~::iI]IL 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 THE BID 1S FOR (Check one) ~.,,xOii an'd Gas Parcel Number ~ [] Geothermal Parcel Number Name of Knowf~ Geothermal Resource Area (KGRA) FORM APPROVED OMB NO. 1004-0074 Expires: May 31, 2000 W162678 State Date of sale AMOUNT OF BID TOTAL BID 'See Instructions below) PAYMENT SUBMITTED WITH BID The appropriate regulations applicable tO this bid are: (1) for 9il and gar leases--43 CFR 3120; (2) for National Petroleum Reserve-Alaska (NPR-A) leases 43 CFR 3132; and (3) for Gi:othermal riesources leases 43 CFR 3220. (See details concerning lease qualifications on reverse.) I CERTIFY T HAT I have read arid am in compliance with, and not in violation of, the lessee qualification requirements under the applicable regulations for this bid. I CERTIFY THAT this bid is not in violation of 18 U.S.C. 1860 which prohibits unlawful combination or intimidation of bidders. I further certify that this bid was arrived at independently and is tendered without collusion with any other bidder for the purpose of restricting competition. IMPORTANT NOTICE: Execution of this form, where the offer is the high bid, constitutes a binding lease offer, including all applicable terms and conditions. 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 all monies submitted Print or Type Name of Lessee lp, E::. S3 Address of Lessee City State Zip Code Signature of Lessee or Bidder INSTRUCTIONS NSTRUCTIONS FOR OIL AND GAS BID (Except NPR-A) 1. Separate bid for each parcetis required. Identify pa[cd by the parcel number assigned in the Notice of Competitive Lease Sale. 2. 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 ora! 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. 3. 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. 4. This bid may be executed (signed) before the oral auction. If signed before the oral auction, this form cannot be modified without being executed agmn. 5. 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 Mark envelope Bid for Geothermal Resources kease 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 modified or withdrawn unless such modificanon 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 their qualifications upon written request by the authorized officer. Tide 18 U.S.C. Section 1001 and Title 43 U.S.C. Section 1212 make it a crime for any person kn, ow ingly and willfully to make to any departtnent dr agency of the United States any false ficfifio,~ ~ ,~*~ulent statements or representations as to any matler~ jurisdiction (Continued on reverse !L~!i~.L2..A~' <0:'?.';*:,'~ .................. Form 300¢2 (July 1997~ QUALIFICATIONS For 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 mugt: (1) Be a citizen of the United States; an association (includingpartnerships and trusts) of such citizens; a municipality; o.r a corporation organized under the laws of the United States or of any'State of Territory thereof; (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 in public domain or 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) Noi be in vipladon of sec. 4'1 of the Act; and (6) Certify that all parties in interest in thi~ 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 ofsuch 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, public 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 hereim NOTICE The Privacy Act 9f 1974 and the regulation in 43 CFR 2.48(d) provide thai 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 1001-1025; 42 U.S.C. 6508 et seq.; 30 U.S.C. 351-359; 30 U.S.C. PRINCIPAL PURPOSE: The information is to be used to. process your bid. ROUTINE USES: (I) 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 ip. formation is voluntary. If all th~ information is not provided, your bid may be rejected. The Paperwork Redudfion A_ct Of !99~} · (44 U.S.C. 3501 et seq.) requires us to inform you that: This information is being collec~-d in'a~C°rdance With 43 CFR 3120, 43 CFR 3130, or 43 CFR 3220.. This information will be used to determine the bidder submitting the highest bid. Response to this req~4eSt 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 information collection unless it displays a currently valid OMB cona'ol number. BURDEN HOURS STATEMENT Public reporting burden foe this form is estimated to average 2 hours per response including the time for reviewing instructions, gathering and maintaining data, and completing and reviewingAhe form. 'Direct conunents regarding the burden estimate or any other aspect of this form to U.S. Department of the Interior, Bureau of Land Management, Bareau Clearance Officer (WO-630), 1620 L Street, Washington, D.C. 20036 and the Office of Management and Budget, Desk Officer for the Interior Department, Office of Regulatoey Affairs (1004-0074), Washington, D.C. 20503. t~Y W162 0007 ? 678 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 STIPULATION APPLIES TO ALL PARCELS WYW162678 LEASE NOTICE NO. l 00078 Under Regulation 43 CFR 3101.1-2 and terms of the lease (BLM Form 3100-1 l), 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. GUIDANCE: 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 thatthe 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 APPLIES TO Al .1. PARCELS LEASE NOTICE NO. 2 BACKGROUND: YW1626?g 00079 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. 89-665; 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~encies 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 centerline 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 lhe 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 ),ears if BLM deternfines 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. THIS NOTICE APPLIES TO ALL PARCELS 00080 WYW162678 CONTROLLED SURFACE USE STIPULATION - CSU Surface occupancy or use is subject to the following special operating constraints. (1) Surface occupancy or use will be restricted or prohibited unless the operator and surface managing agency an'ive at an acceptable plan for mitigation of anticipated impacts; On tile lands described below: (2) as mapped on the Kexmnerer Field Office GIS database; For the purpose of: (3) protecting Class I and II Visual Resource Management Areas. 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.) 0909199 162678 00081 NOTICE TO LESSEE Provisions of the Mineral Leasing Act (MLA) of 1920, as amended by the Federal Coal Leasin~ Amendments Act of 1976, affect an entiL'y's qualifications to obtain an oil and o~as lease. Section 2(a)(2)(A5 of the MLA, 30 U.S.C. 201 (a)(2)(A), requires that any entity, that holds and ~as held a Federal coal lease for 10 years be_wi.nn.ing on or after Au_m.~t 4, 1976, and who is not producing coal in commercial quantifies from each such lease, cannot qualify for the issuance of any other lease granted under the MLA. Compliance by coal lessees with Section 2(a)(2)(A) is explained in 43 CFR 3472. In accordance xvith the terms o£this oil and gas lease, with respect to compliance by the initial lessee with qualifications concerning Federal coal lease holdings, all assignees and transferees are hereby notified that this 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 ora den/al or disapproval by a State Office of a pending coal action,, i.e., arms-len~uyuh assi~mvnent, relinquishment,, or log/cal mining unit,, the in/tial lessee as assignor or as transferor is no longer in compliance vdth 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 this lease due to noncomplian~'e with Section 2(a)(2)(A). Information regarding assignor, sublessor or transferor compliance with Section 2(a)(2)(A) is contained in the lease case file as well as in other Bureau of Land Mana2ement records available zbrou ~ the State Office issuing th_is lease.