HomeMy WebLinkAbout913543
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F9I"ln 3100·11b
(October 1992)
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
'OFFER TO 'LEASE· AND LEASE· FOR OIL AND GAS";,,
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The~n( ersigned (revme) Dffer~ 1'1 1~&e ~I Dr any Df .thelan4s\!1l1em .~th8Jare available far lease p~:r~~nt, t~. th.M¡n~raI~sin¡: A.ct..qf 1!I~O,,~.,~~IId;~,,~s~pplem~!1!~, R9; H·~·Ç·lM í'
et scq.). tJ¡e Min.r~ Leasing ACt fQr. Acquired l,ands.Qf !94 7.. ~s 8mended (30.\.1. S.,C. 351 ~359). theA~a~y qen~r~1 s..9Pmlaraf"Al:?til}, .'?1.L(4(j 9!'.AII}'::.ger."41J.:!)t:.JÞ..:" ; \.,../.
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
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RECEIVED 1118/2005 at 3:10PM
RECEIVING # 913543
BOOK: 604 PAGE: 172
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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Taw $
Ama~m remitted: Filing fee $ .
00 NÖTWRITE BELO\)'. THIS LlNE,
3. Lan~ included in .Jease:
T.
Ol90N
Sec.
1150W
....002 LgTS .1-4~
. 002 S2N2.S2;
008. .E2;
010 ALL;
,012 ALL;
R.
Meridian
06t.h
Slate .
WY
CaÙnty .
Lincoln
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Tow acres in lease 2239.530
Renw relalned $
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This lease is issued granting the exClusive righl ta .ii-ill far, mine. extróct;remave and dispose af all tJ¡e ail and gas' (éxÙpt helium) in the 'lands described in liem 3tagether with the right ta build.
and maintain necessary improvemems thereupon far the tenn indicaledbelaw, subject ta renewal ar extensian in accordance with the appropriate leasing autharity. Rights granted are subject ta
applicable laws, the terÌhs, canditians, and attached stipulatians af this lease. the Secrelary af the Intei'iar·s regulatians and fannal arders in effect as af lease issuance, and ta regulatians and fannal
arders hereafter pramulgated when nat.incansistent with leI\se rights granted ar spccific"pravisians af this lease..::.
NOTE: This lease Is Issued to tbe higb bidder pursuant to /tis/her duly executed bid or nomInation fonn submitted under 43 CFlt 31,20&!l~ .Is subject to tbe provisions or that bld'ÓÍ'
nomination and tbose speclned on this form. . . : <" .,.~'
o Nancampetitive lease (ten years)
by
OCT 20 2005
(Oat;;)
NOV 0 .1( 2005
Type and primary term af lease:
IX Competitive lease (ten years)
o Other
EFFECTIVE DATE OF LEASE
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4. (a) Undersigned certifies that (1) offeror is a citizen of the United States; an ..sociation of such citizens; a municipality; or a cOlporation organized under the law~ qf .t/¡e United St.1tes,0~ of:.~ny
State or Tenitory therwf; (2) all p,uties holding an interest in the offer are in compliance with 43 CFR 3100 and the leasing authorities; (3) offeror's charg..'1ble inte~~"di'ièct andindi"¿~ in èach
public domain and acquired landS separatèlyiòthè same State dO notexccéd 246,080 âcres in oil and gas leases(óf which up tó·200,OOO atieS'rhaY'be in oil and gâs options~ or 300;000åcres in
leases in each leasing District in Alaska of which up to 200.000 acres may be in options, (4) offeror is not considered a minor under the laws of the St.1te in which tbeland< covered by this offer are
located; (5) offeror is in compliance with ·qualifications concerning Federal coall"'15e holdings provided in sec. 2(aX2XA) lif the Minceal u"'15ing Act; (6) .offeror is iricom,pl;iance with reclamåtion
requirements foc all Federal oil and g.. lcase holdings as required by sec. 17(g) of the Mineral u"'15ing Act; and (7) offeroc is not in violation of sec. 41 (¡f theAct . ,
(b) Undersigned agrees that signature to this offer constitutes aœcptance of this lease, including all terms. condi~o.ns. and stipu}¡,tions of,which offeror "''15 been given notice, and any amendment
or separate lease that may include any land described in this offer open to leasing at the time this offer was filed but (¡mitted for'àr\y' reason f(om ,ihis lease. The offerör:further agrees that this offer
cannot be withdrawn, either in whole or in part, unless the withdrawal is received by the proper BIM State Office before this lease. an amendment to this 1"'15e. or a separate I.....e.whièhcver covers
the land described in the withdrawal, has been signed on behalf of the United States. .
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This ofter will be rejected and will aftord ofteror no priorlly If ills not properly compleled and execul¢ ,In accordancè Willi the regulations, or if il is nol accompanied by lhe required
paymmts. 18 U.S.C. Sec. 1001 makes k a crime for any person knowingly and wIUluIJy 10 make 10 any Departmenl or agency of lhe Uniled S~I~ any faise, fictilious or fraudulenl stalemenu
or representations as 10 any ma"er wllbIn its jurisdiction.
Duly executed this
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day of
Sec. I. Rentals':":Re~tals shall be paid to proper office of lessor in advance of each lease yeàr.
Annual rental rates per acre or fraction thereof are:
(a) Noncompetitive I...."". $1.50 for the first 5 years; thereafter $2.00;
(b) Competitive lease. $1.50; for the first 5 years; thereafter $200;
(c) Other. see attachmenl. or
as specified in regulations at the time this lease is issued.
If this lease or a portion thereof is commined to an approved coopetative or unit plan which
includes a well capable of producing leased resources. and the plan contains a provision for
allocation of production. royalties shall be paid on the production allocated to this lease. However.
annual rentals shall continue to be due at the rate specified in (a). (b), or (c) for those lands
not within a participating area.
Failure to pay annual rental, if due. on or before the anniversary date of this lease (or next
official working day if òfficeis Closed) shall automatically tennicate this lease by operation of
law. Rentals may be waived. reduced. or suspended by the Secretary upon a sufficient showing
by lessee.
Sec. 2. Royalties~Royalties shall be paid to proper office of lessor. Royalties shall be computed
in accorctancé with regulatiòns On ·prÒduttion removed or sold. Royalty rates are:
(a) Noncompetitive lease, 12'h%;
(b) Competitive lease, 12'h%;
(c) Other, see attachment; or
as specified in regulations at the time this lease is issued.
Lessor reserves the right 10 specify whether royalty is to be póid in value Ot in kind. and the
right to establish reasonable minimum values on products after giving lessee notice and an
opportunity to be heard. When paid in value. royalties shall be due and payable on the last day
of the month following the month in which production occurred. When paid in kind. production
shall be delivered, unless otherwise agreed to by ìessor. in merchantable condition on the premises
wbere produced without cOst to lessor. Lessee shall not be required to hold such production
in storage beyond the last d.ay of the month following the month in which production occurred.
nor shall lessee be held liable for loss or destruction of royalty oil or other products in storage
from causes beyond the reasonable control of lessee.
Minimum royalty in lieu of rental of not less than the rental which otherwise would be required
for that lease year shall be payable at the end of each lease year beginning on or after a discovery
in paying quantities. This minimum royalty may be waived, suspended, or reduced, and the
above royalty rates may be reduced. for all or portions of this lease if the Secretary detennines
that such action is necessary to encourage the greatest ultimate recovery of the leased resources.
or is otherwise justified.
An interest charge shall be assessed on late royalty payments or underpayments in accordance
with the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) (30 U.S.C. 1701).
Lessee shall be liable for royalty payments on oil and gas lost or wasted from a lease site when
such loss or waste is due to negligence on the part of the operator. or due to the failure to comply
with any rule. regulation. order, or citation issued under FOGRMA or the leasing authority.
Sec. 3. Bonds-A hond shall be med and maintained for lease operations as required under
regulations.
Sec. 4. Diligence. rate of development. unitization. and drainage-Lessee shall exercise teasonable
diligenCe in developing and producing. ànd shall prevent unnecessary damage to, loss of. Ot
waste of leased resources. Lessor reserves right to specify rates of development and production
in the public interest and to require lessee to subscribe to a cooperative or unit plan. within 30
days of notice, if deemed necessary for ptoper development and operation of area. field, or pool
embracing these leased lands. Lessee shall drill and produce wells necessary to protect leased
lands from drainage or pay compensatory royalty for drainage in amount detennined by lessot.
Sec. 5. Documents, evidence, and inspection-Lessee shall me with. proper office of le~so~.
not later than 30 days after effective date thereof. any contract or evidence of other arrangement
for sale or disposaI of production. At such times and. in such fonn as lessor may prescribe. lessee
shall furnish detailed statements showing amounts and quality of all prnducts removed and sold,
proceeds therefrom. and amOunt used for production purposes or unavoidably lost. Lessee may
'be required to provide plats and schematic diagrams showing development work and
improvements. and reports with respect to parties in interest, expenditures. and depreciation
costs. In the fonn prescribed by lessor, lessee shall keep a daily drilling record. a log, information
on well surveys and tests, and a record of subsurface investigations and furnish copies to lessor
when required. Lessee shall keep open at all reasonable times for inspection by any authorized
officer 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
on or in the leased lands. Lessee shall maintain copies of all conln\cts. sales agreements; oCCQ\Jnting,
records. and documentatiçm suèhas.,billi"gs; invoiees; or similar dòcume!'lJ!tionthat supports'
. 19
tf\0173
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(Signature ·of Lessee or Anòrney-in-fact)
-'
LEASE TERMS
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costs claimed as manufacturing, preparation, änd/or transportalion èösts. All such records shall
be maintained in lessee·s accounting offices for future audit by lessot. Lessee shall maintain
required reeords for 6 yea'" aftertfíeÿ:àre generated ö'r, if an auditor it>vestigatiõlI is underw·åY.
until released of the obligation to maintain such records by lessor.
During existence of this lease. information obtained' ü"ooÚ this section sikJï be';closed to
inspection by the public in accordance with the Fteedom of Infonnation Act(5U.S;C. 552).
Sec. 6. Conduct of operations-Lessee shall conduct operations in a manner that minimizes ",iverse
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 desigII 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 Ot rights-of-way. Such uses shall be conditioned so as to prevenl
unnecessary or unreasonable interference with rights of lessee.
Prior to disturbing the surface of the leased lands. lessee shall contact lessor 10 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 detennine the extent of impacts
to other reso~rces. Lessee may be required to cÇ>mplete minor inventories or short tenn special
studies under guidelines provided þy lessor. If in the conduct of operations. threatened or
endangered species, objects of histone or scientific interest. Ot substantial unanticipated
environmental effects are observed, lessee shall immediately contact lessor. Lessee shall cease
any operations that would result in the destruction of such species Ot objects.
Sec. 7. Mining operations-To the extent that impacts from mining operations would be
substantially different Ot greater than those associated with nonnal drilling operations. lessor
reserves the right to deny approval of such operations.
~,ec. 8. Extraction of helium-Lessor reserves the option of extracting or having extracted helium
from gas production in amannet 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 improvell1euts,
and shall save and hold lessot hannJess from all claims fordàÌnage orhann to persons or property
as a result of lease operations.
Sec. 10. Protection of divetse interests and equal opportunity-Lessee shall: pay when due all
taxes legally assessed and levied under laws of the State Ot 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;
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 Lahot issued pursuant thereto. Neither
lessee nor lessee·s subcontractors shall maintain segregated facilities.
Sec. II. Transfet of lease interests arid 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 filing in the proper office a written
relinquishment, which shall be effective as óf the date of ming, subject to'the continued obligation
of the lesseé and ·surety to pay all accrued rentals and royalties.
Sec. 12. Delivery of premises -oAt such time as all!)r porti01lS of this lease are retumedto lessor,
lessee shall place affected wells in condition for suspension or abandonment. reclaim the laDd
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 10 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 unil
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 not prevent later cancellation for th~ same default occurring at any other
¡ime. Lessee shall be subjectto appHcable prov~ions and perialties' ofFOGRMA (30 U.S.C. 1701).
Sec. 14, Heirs and successors-in-intetest-Each obligation of this lease shall extend to and 'be
binding upon, and every benefit hereof shall, inure to the· heirs, executors, administrators,
succ~s'sor.~. beneficiaries, or assignees of the respective hereto. .
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UNÌTED STATES
DEPARTMENT OF THE INTERIOR
·1
BUREAU dF LAND MANAGEMENT
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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
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FORM APPROVED <¡Ii, ..
O~B NO. 1004-0074 ~¡.
ExpIres: May 31, 20000:·
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PARCEL NUMBER
THE BID IS FOR (Check'One):
rïl Oil and GasPârcel Number ' Vtl f-056!a.;") 49
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"'-·0 Geothermal Parcel Number·
..~ arne,ofKno;.vil,GeothenpaIResou!ce Ar~.a (KGRA)
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State
kJYOM ItJC,
Date of sale
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AMOUNT OF BID (See Instructions below)
PA YMENT SUBMITTED
WITH BID
TOTAL BID
;$7/~l /5> 0 CJ
.47;9/5,06
The appropriate regulations applicable tothis bid an~:(l) for oil and gas leases-43 CFR 3120; (2) for National Petroleum Reserve-Alaska(NPR-A)
leases-43 CFR 3132; and (3) for Geothermal resources leases-43 CFR 3220. (See details concerning lease qualifications on reverse.)
I CERTIFY TfIA T I l1avë reådand ám íncompliance with, and not in vìòlation of, the lessee qualification requirementsïlßdÚ the applicable regulations
for this bid.
I CERTIFY THA Tthis ~id is not inviolation of 18 U .S.c. l8~0 which prohibits unlawful combination or intimidationofbidders. I further certify that
this bid was arrived at independently and 'is tendered without collusion with any otherbidderfpr th~pu~poseof restrictii1g competition. .
IMPORT ANT 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 wþ'ich this bid is made shall resµlt in rejection of the bid and forfeiture of
all monies submitted. ' . . . . .
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~riniorTypeName of Lessee .
é ,., 5512/:)·:S7.
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Address of Lessee
-¡L,t LSA
City
(J/é
State
í1/05
Zip Code
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,Signature of Lessee qrBidder
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INSTRUCTIONS FOR OIL AND GAS BID
(Except NPR-A)
INSTRUCTIONS ..
INSTRUCTIONS FOR GEOTHERMAL OR
NPR-A OIL AND GAS BID
., .-' , ,
I. Separate bid for each parcel is required. Identify parcel by the parcel
number assignedi.n. the Notice ,of Competitive &ase Sa/e.
2. Bid must be accompanied by the national minimum acceptable bid,
the first yeai'srtiiità~and the administrative fee. Theremittance must
?e i~ .th~ f~rrr sþecif~~d V1. 4}. yFR3 103. 1-1. Theremain~er o~ t~e
þon4~ bl?r If rrPJ:JstnJ~p~ltted to the proper BL!'-1 off¡c~ wlthm
.I 0 J.orkmg days la:rterthe '¡Ipsfcray of the oral auctIOn. Fatlure to
submit the remainder oC tþ'é bonus bid within 10 working days will
result in rejection ofthe'lÍÍd offer and forfeiture of all monies paid.
3. If bidder is not the sole party in interes·t in the lease for which the bid
is submitted, all other parties in interest may be required to furnish
eviden,ce Ofthe. .ir..·. ~U¡1lifi.l.Catio~p. on,written request by the authorized
·offiœr·, J~. J 1\, \!~ ~ .-
4.~his'b~cÌht;1~ e~,&:'~t~~ ~iigned) before the oral auction. If signed
before the oral auction, this form cannot be modified without being
executed again. . . .r' ...?, _-
5. In view ofJÎ1~~~ov"f;;:eql!.¡rement (4), bidder may wish to leave
AMOUNTJ)F RiP Sectjon..Ì} ank so that final bid amount may be
either completed~y thë-bidder or the Bureau of Land Management
at the oral auction.
- " -
I. Separate bíd for each. parcel' is requiréçl. Identify parcel by the
number assigned to a tract
2. Bid must be accompanied by one-fifth of the total amount of bid. The
remittaJ!(:e 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 Geothermal Resources Lease in (Name of
KGRA) 'or Bid for NPR-ALease, 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 modification or withdrawal is received prior
to time fixed for opening of bids.
4. Mi~;~eliver bi~.}b the prope'~/ M office or place indicated in the
!"OIy~/O( S~myt;ti~~e &ase %alr~ t' / lCiJ
vIU":f) v-G(/t!. ,'ri <~"Vv
5. J/ bidder is not the sol¡{ p-arty-fn inteTest in the lease for which bid is
/submitted, all other pWties in interest may be. res ui¡:ed to furnish
evidence of their qualifications upon w~itteri requesfþy the authorized
officer.
(Continued on reverse)
TitJe 18 U.S.C. Section 1001 and TitJe 43 U.S.C. Section 1212 make it a crime for any person knowingly and willfully to make to any dep !ment or agency of the United
States any false, fictitious, or fraudulent statements or representations as to any matter within its jurisdiction.
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QUALIFICATIONS
C00115
For leases that may be issued as a result ofthis sale under the Mineral
Leasing Act (The Act) of 192Ø, as amended, tiJe orld bidder must: (I) Be
a citizen of the United States; an association (includingpartnerships and
trusts) of such citizens; a municil'ality; or a corpor~tion organized under
the laws of the United States or of any State oi-Territory thereof; (2) Be
in compliánce with acreage limitation r.equirements wherein the bidder's
interests, direct and indirect, in oil anô'gas leasesÎi1'thè State identified
do not exceed 246,080acr¢s each,in publicdomáin or acquired lands
including acreage covered by this bid, of which not more than 200,000
acres are under options. I(this bid is submitted forlands 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 acrenre under options in
each district; (3) Be incompliance with Federal coal lease holdings1ls
provided in sec. 2(a)(2)(A) of the Act; (4) ,Be incompliance with
reclamation requireme~ts for all Federal o¡land gas holdings as
required by sec. 17 of the Act; (5) Not be ¡nviolation of sec. 41 of the Act;
and (6) Certify that áh parties in interèst in this bid are in èompliance
with 43 CFR Groups 3000 and 3100 and the leasing authorities cited
herein.
The Privacy Act of 1974 and the ~~gulation 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'" . ""
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PRINCIPAL PÚRPOSE:' The infonriâ~oÍ1 is tÒbe us~ioprocess your ..
bid. ' ..¡ -. .' :.' ,'\,. ,
For leasès that may ·beissued as a result of this sale under the
Geothermal Steam Act of 1970; as amended, the bidder must: (I) Be a
citizen of the United States; an association of such citizens; a municipality;
ora corporation organized under the laws of the United States or of any
State or Territory thereof; and (2) Be in compliance with acrèage
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: (I) Be a citizen or national of the United States; an alien lawfully
admitted for permanent residence; a private, public or municipal
corP9~ation orgal,1i~~d under the laws of the United States or of any
St~te.or Territory thereof; an association of spch citizens, nationals,
resident aliens or private, public or municipal corporations, and (2)
Certify that all parties in interest int,his bid are; in compliance with 43
CFR Part 3130 ~nd the I~asing authorities citecÌ<herein.,
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NOTICE
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 !lPpropriate Federal agencies when comment
or concurrence is required prior to granting a right in public lands or
resources. (4)(5) 'Information frôÌn the record and{ or the record will be
transferred to appropriate Federal, State, local or foreign agencies,
when releyant t,o civil, criminal or regulatory investigations or prosecu-
tions. ..
EFFECTOF ~OT PROVIDING INFORMATION: Disclosure of the
. information is vôl~nia:ry. If all ihe infórmation is not provided, your bid
maybe rejected: .
.¡ ~ . .
The Paperwo~k Reduction Açt Of 1995 (44,lJ.S.C.3,5p'l et ~qj requires us to infonT\, y~u that:
This infonnation is bèing cöllected in accoroance_ with 43_ CFR j i2o.~ 43 CFR 3130, or ,tfCFR3220..
This infonnation will be used to detennine the bidder submitting the highest bid.
Response to this request is re'l,µÏ¡:eø t() oþ't~na 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 currenlly valid OMB
con~olnurnbe~ '. ,
BURDEN HOURS STATEMENT
Public reporting burden for this fOnn is _e.stimated to. average 2 hours perresponse including the time fòr reviewing instructions, gathering and maintaining data, and
completing and Teviewing>the form. Direct CO/Offienls regarding the burden estimate or any other aspect of this form to U.S. Deparnnent of the Interior, Bureau of Land
Management, Bureau Clearance Officer (WO~30); 1620 L Street, Washington, D.C. 20036 and the Office of Management and Budget. Desk Officer for the Interior
Department,:D.ffice of Regulatocy Affairs (1004-0074), Washington. D.C. 20503.
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MULTIPLE MINERAL DEVELOPl\1ENT STIPULA TI ON
Operations wilJ 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
rrilneral lease issued prior to this one for the same lands.
TillS STIPULATION APPLIES TO ALL PARCELS
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WYW164011
LEASE NOTICE NO.1
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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 incJude, 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 incJude 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
wiJI 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 incJude 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 wiJI 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 APPLJES TO ALL PARCELS
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LEASE NOTICE NO.2
WYW164011
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BACKGROUND:
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 Trai]s, as well as the Nez Perce Trai], were
designated by Congress through the National Trai]s System Act (P.L. 90-543; 16 U.S.c. ]241-1251) as amended
through P.L. 106-509 dated November 13,2000. Protection of the National Historic Trai]s is normally considered
under the Nationa] Historic Preservation Act (Pol. 89-665; 16 U.S.c. 470 et seq.) as amended through 1992 and the
National Trai]s System Act. Additionally, Executive Order 13]95, "Trails for America in the 2]51 Century," signed
January 18, 2001, states in Section 1: "Federa] agencies 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 estabJished remain intact." Therefore, the BLM will be
considering all impacts and intrusions to the National Historic Trai]s, their associated historic landscapes, and all
associated features, such as trail traces, grave sites, historic encampments, inscriptions, natura] features frequently
commented on by emigrants in journals, letters and diaries, or any other feature contributing to the historic
significance of the trails. Additional Nationa] Historic Trails will ]ikely be designated amending the National Trai]s
System Act. When these amendments occur, this notice will apply to those newly designated National Historic
Trails as well.
STRATEGY:
The BLM wiJI 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 fearures. 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 lease),old. Surface
disturbing activities will be analyzed in accordance with the National Environmental PoJicy Act of 1969 (P.L. 91-
190; 42 U.S.C. 432]-4347) as amended through P.L. 94-52, Ju]y 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, necessar)' until final decisions regarding surface
disturbing restrictions are made. Fina] 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 Nationa] Historic Trails, or is located within the viewshed of a National Historic
Trai]s' designated centerline, surface disturbing activities wiJI 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.
TillS NOTICE APPLIES TO ALL PARCELS
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SPECIAL LEASE STIPULATION
This lease may be found to contain historic properties and/or resources protected under
the National Historic Preservation Act (NHPA), American Indian Religious Freedom
Act, Native American Graves Protection and Repatriation Act, E.O. 13007, or other
statutes and executive orders. The BLM will not approve any ground disturbing activities
that may affect any such properties or resources until it completes its obligations under
applicable requirements of the NHPA and other authorities. The BLM may require
modification to exploration or development proposals to protect such properties, or
disapprove any activity that is likely to result in adverse effects that cannot be
successfully avoided, minimized or mitigated.
TillS STIPULATION APPLIES TO ALL PARCELS
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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 15 to lullS;
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
provisiops for such changes. (For guidance on the use of the stipulation, see BLM Manual 1624 and 3101 or FS
Manual 1950 and 2820.)
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CONTROLLED SURFACE USE STIPULATION - CSU
Surface occupancy or use is subject to the following special operating constraints.
(1) Surface occupancy or use within 1/4 mile of a Sage Grouse strutting/dancing ground will be restricted or
prohibited unless the operator and surface managing agency arrive at an acceptable plan for mitigation of
anticipated impacts;
On the lands described below:
(2) as mapped on the Kemmerer Field Office GIS database;
For the purpose of:
(3) protecting Sage Grouse breeding 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.)
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WYW164011
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NOTICE TO LESSEE
Provisions of the Mineral Leasing Act (MLA) of 1920, as amended by the Federal Coal LeasinQ:
Amendments Act of 1976, affect an entity's qualifications 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 any entity that holds and has held a Federal coal lease
for 1 ° years beginning on or after August 4,1976, and who is not producing coal in commercial quantities
from each such lease, cannot quaJify 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 with the terms of 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 anà 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 penàin~ coal action, i.e., anns-length assignment, relinquishment, or logical mining unit, the initial lessee
as assignor or as transferor is no longer in compJiance \\ith 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 cance]]ation of this lease due to noncompJiance \vith Section 2(a)(2)(A).
Information regarding assignor, sublessor or transferor compJiance with Section 2(a)(2)(A) is contained
in the lease case file as we]] as in other Bureau of Land ManaQement records available throu!!h the State
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Office issuing this lease.
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