HomeMy WebLinkAbout915262
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.J Form j/OO.Ub
(OctQber 1992)'
UNITED STATES
DEPARTMENT OF THE non'ERIOR
BUREAU OF LAND MANAGEMENT
OFFER TO LEASE AND LEASE FOR OIL AND GAS
Serial No. f n n ? 6 0
WYW164533 ',.' I...
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The undersigne<l (,.v~rst) offers to lease all or any of !be lands in Item 2 liIal are available for lease pursuanllo liIe Mineral Leasing Act of 1920, as amended and supplemented (30 U,S,C. 181
el seq,). liIe Mineral Leasing ACI for Acquired Lands of 1947. as amended (30 U,S,C, 351-359), liIe Anomey General's Opinion of April 2, 1941 (40 Op, Ally. Gen. 41), or liIe
RFAD INSTRUCTIONS BEFORE COMPLETING
I, Name
ZINKE &. TRUMBO INe
Slreet 1202 E 33RD ST
City, State. Zip Code TULS.I\, OK 741052048
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
2, This application/offerllease is for: (Ch~ck only On~) XI PUBLIC DOMAIN LANDS
Surface managing agency if oliler liIan BLM:
Legal descriplion of land requesled: .Parcel No,:
·SEE ITEM 2 IN INSTRUCTIONS BELOW PRIOR TO COMPLETING PARCEL NUMBER AND SALE DATE.
T, R, Meridian Slale
o ACQUIRED LANDS (percent U,S, inleresl
Unit/Project
·Sale Date (mId/y):_ / _ 1 _
County
RECEIVED 1/17/2006 at 11 :47 AM
RECEIVING # 915262
BOOK: 609 PAGE: 760
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
- .-.~---_._-
Amount remined: Filing fee $
Rental fee $
Total acres applied for
Total $
DO NOT WRITE BELOW TIßS LINE
3. Land included in lease:
T. 0220N
Sec. 017 SESE;
R,
1140W
Meridian
06th
Slale wy
County Lincoln
r¡
I
L
Total acres in lease
Rental retained $
40.000
60.00
This lease is issued granting liIe exclusive righllo drlJl for, mine. extract. remove and dispose of all liIe oil and gas (~Xcepl h~lium) in liIe lands described in Ilem 3 togeliler wilil liIe righl 10 build
and maintain necessary improvements liIereupon for liIe lenn indicaled below, subject to renewal or eXlension in accordance wilil liIe appropriate leasing aulilority, Rights granted are subjecl 10
applicable laws, liIe lenns. conditions, and anached stipulations of liIis lease. liIe Secretary of liIe Interior's regulations and formal orders in effect as of lease issuance, and 10 regulations and formal
orders hereafter promulgated when nOI. inconsislent wilil lease rights granted or specific provisions of liIis lease.
NOTE: This lease Is Issued to the high bidder pursuant to hlslher duly executed bid or nomina 'on Corm submitted under 43 cn 3120 and is subject to the provisions oC that bid Dr
nomination and those speclned on this Corm.
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Type and primary tenn of lease:
o Noncompetitive lease (Ien years)
~ Competitive lease (ten years)
o Other
EFFECTIVE DATE OF LEASE
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4. (a) Undersigned certific:s that (1) offeror is a citizen of the United States; an association of such citizens; a municipality; or a corporation organized under the laws of the United St.1tes or of any
State or Tenitory thereof; (2) all parties holding an interest in the offer are in compliance with 43 CFR 3100 and the leasing authorities; (3) offerOl's chargeable interests, direct and indirect, in each
public domain and acquired lands separalely in the ..1me Stale do not exceed 246,080 acres in oil and gas leasc:s (of which up to 200,000 aa-es may be in oil and gas options~ or 300.000 acres 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 State in which the lands covered by this offer are
located; (5) offeror is in compliance with qualifications concerning Federal coal lease holding. provided in sec.2(a)(2XA) of the Mineral Leasing Act; (6) offeror is in compliance with reclamation
requirements for all Federal oil and gas lease holdings as required by sec. 17(g) of the Mineral Leasing Act; and (7) offeror is not in violation of sec. 41 of the Acl
(b) Undersigned agrees thatsignaluce 10 this offer constitutes acceptance of this lease, including all terms. conditions, and stipulations of which offeror has been given notice, and any amendment
or separate lease thai 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
cannot be withdrawn, either in whole or in part, unless the withdrawal is received by the proper BLM Slate Office before this lease. an amendment to this I""...e. or a separate I""...e. whichever covers
the land described in the withdrawal, has bun signed on behalf of the United Slates.
This offer will be ,reJected and will atrord offeror no priority IC It Is not properly completed and executed In accordance with the re¡¡ulatlons, or iC It Is not accompanied by tbe required
payments. 18 U.S.C. Sec. 1001 makes It a crime Cor any person knowingly and wUIfuIIy to make to any Department or agency oC tbe United States any CaIse, IIctitlous or fraudulent statements
or representations as to any matter within Its jurisdiction. , (' f\ n .'1 61
O~~S2C~ ~V~,
Duly executed this day of "-"~ ..,.j-O-.., . 19 _,
LEASE TERMS
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(Signature of Lessee or Attorney:in-fact)
See, I. Rentals-Rentals shall be paid to proper office of lessor in advance of each lease year.
Annual rental rates per acre or fraction thereof are:
(a) Noncompetitive lease, $1,50 for the firsl 5 years; thereafter $2,00;
(b) Competitive lease, $1.50; for the firstS years; thereafter $200;
(c) Other, see attachment. or
as specified in regulations at the time this lease is issued,
1f this lease or a portion thereof is committed to an approved cooperative or unil 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 10 this lease, However.
annual renlals 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 nexl
official working day if office is closed) shall automatically tenninate this lease by operation of
law, Rentals may be waived. reduced, or suspended by the Seeretary upon a sufficienl showing
by lessee.
See, 2, Royalties-Royalties shall be paid to proper office of lessor. Royalties shall be computed
in accordance with regulations on production removed or sold, Royalty rates are:
(a) Noncompetitive lease, 12~%;
(b) Competitive lease. 12~%;
(c) Other, see attachment; or
as 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 lúnd, 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 lúnd, production
shall be delivered. unless otherwise agreed 10 by lessor. in merchantable condition on the premises
where produced without cost to lessor, Lessee shall not be required to hold such production
in storage beyond the last day 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 renlal 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 heginning on or after a discovery
in paying quantities, This minimum royalty may he waived, suspended. or reduced, and the
above royalty rates may be reduced, for all or portions of this lease if the Seeretary 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 bond shall be med and maintained for lease operations as required under
regulations,
See. 4, Diligence. rate of development, unitization, and dl1lÎl'l8ge-Lessee shall exercise reasonable
diligence in developing and producing, and shall prevent unnecessary damage to. loss of, or
waste ofleased resources, Lessor reserves right to specify rates of development and production
in the public interest and 10 require lessee 10 subscribe 10 a cooperative or unit plan, within 30
days of notice, if deemed necessary for proper 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 lessor,
See, 5, Documents, evidence, and inspection-Lessee shall me with proper office of lessor,
not later than 30 days after effective date thereof, any contract or evidence of other arrangement
for sale or disposal of production. At such times and in such fonn as lessor may prescribe. lessee
shall furnish detailed statements showing amounts and quality of all products removed and sold.
proceeds therefrom, and amountlJsed for production purposes or unavoidably losl. Lessee may
be required to provide plats and schematic diagrams showing development work and
improvements. and reports with respect to panies 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.
IInd all books, accounts, maps, and records relative to operations, surveys. or investigations
on or in the leased lands. Lessee shall maintain copies of all contracts, sales agreements, accounting
records. 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),
See, 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 consislent with lease rights granted, such
measureS may include, but are not linúted 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 detennine the extent of impacts
10 other resources, Lessee may be required to complete minor inventories or short tenn 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 Ìlnmediately 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 thai impacts from mining operations would be
substantially different or greater than those associated with nonnal 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 gas the provisions
of this section,
Sec, 9, Damages to property-Lessee shall pay lessor for damage to lessor's improvemeuts,
and shall save and hold lessor hannless from all claims for damage or hann 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 atleastlWice each month in lawful money of the
United States; maintain a safe working environmenl in accordance with standard induslIy practices;
and take measures necessary to protect the health and safety of the public.
Lessor reserves the right to ensure that production is sold al 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. NeiÍher
lessee nor lessee's subcontractors shall maintain segregated facilities,
See, II, Transfer of lease interests and relinquishment of lease-As required by regulations,
lessee shall me with lessor any assignment or other transfer of an interest in this lease, Lessee
may relinquish this lease or any legal subdivision by ming in the proper office a written
relinquislunent. which shall be effective as of the date of ming, subject 10 the continued obligation
of the lessee and surety to pay all accrued renlals and royalties,
See, 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 nol deemed necessary by lessor for preservation of producible wells.
See, 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 lease shall
be subject 10 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 COmmunilizalion agreement which contains a well capable of production of unitized
substances in paying quantities, This provision shall not be construed 10 prevent the exercise
by lessor of any other legal and equitable remedy, including waiver of the defaull. Any such
remedy or waiver shall not prevent later cancellation for the same 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 be
binding upon, and every benefit hereof shall inure to the heirs, executors, administrators,
successors, beneficiaries. or assignees of the respective parties hereto,
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UNITED STATES O~1.S2
DEPARTMENT OF THE INTERIOR
BUREAU OF LAN» MANAGEMENT
COMPETITIVE blL AND GAS OR
GEOTHERMAL RESOURCES LEASE BID
30 U.S.C. 181 et seq.; 30 U.S.C. 351-359;
30 U.S.C. : 001-1 025; 42 U.S.C. 6508
PARCEL NUMBER
THE BID IS FOR (Check one):" "
&r oii anaGas Parcel Number, \.( IY--t)~{)~- I 5<3
D Geothermal Parcel Number
Nameof Known GeothermaIRes~urc,e Area (KGRA)
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2
r nt WYW164533
\... O\...~ (6 ~RM APPROVED
OMB NO. 1004-0074
Expires: May31, 2000
State
kI YOM I ~C'1
Date of sale
9-2-05
AMOUNT OF BID (See Instructions below)
PAYMENT SUBMn:TED
WITH BID
TOTAL BID
(:$ 33,00/ Ac ,)
~l455. 00
(IYl/N. ")
.=J c:1. /5,00
The appropriate regulations appliçable to this bid are: (I) 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 THAT I have read and am in compliance with, and not in violation of, the lessee qualification requirements under the applicable regulations
for this bid.
I CERTIFY TH AT this bid is not in viola'tion 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, includingall applicable terms and
conditions. Failure to çòmply 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. . . , ,
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rint or Type. Name 0 Lessee , '
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Address of Lessee
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",City
01<
'74-105
Zip Code
State
INSTRUCTIONS
INSTRUCTIONS FOR GEOTHERMAL OR
NPR-A OIL AND GAS HID
INSTRUCTIONS FOR OIL AND GAS BID
(Except NPR~A)
I. Separate bid for e~ch parcel is r~quired. Identify parcel by the parcel
number assigned in the Notice of Competitive /.-ease Sale.
2. Bid must be accompanied by the national minímumacceptable bid,
the first year's rental and the administrative fee. The remittanée must
be in the form specified in 43 CFR3103.1-1. Theremainder of the
bonus bid, ifany,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 witbin 10 working days will
result in rejection oftbe bid offer and forfeiture orall monies paid.
3. If bidder is not the sole party iq interest in the lease for which the bid
is submitted, all ,other parties in interest may be requited 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 óral auction, this form cannot be modified without being
executed again.
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.
.JJj -h /1 ~I 6lrh /l ~)
,SI ature of Lessee or Bidder
I. Separate bid for each parcel is required. Identify parceL by the
number assigned to a tract.
2-. aid must be accompanied by one-fifth of the total amount of bid. The
. remittance must be in the form specified in 43 CFR3220.4for a
Geothermal Resources bid and 3132.2 for a l)/'PR-A lease bid. '"
3. Mark envelope Bid for Geot.þermal Resources Lease in (Name of
KGRA) or Bid for NPR-A Lease; as appropriate. Be sure correct
parcel number oftract on which bid is submitted and date of bid
òpening are noted plainly on envelope. No bid may be modified or
, 'withdrawn unless silch modification or withdrawal is received prior
to time fixed for opening of bids.
4. Mail or deliver bid iothe properBLM office or place indièated in the
Notice of Competitive Liåse Sale.
5. 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 reql,les(by the authorized
officer. ' .' '
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QUALIFICATIONS
For leases that may be issued as a result of this sale under the Mineral
LeasingAct (The Act) of 1920, as amended; the oral bidder must: (1) Be
a citizen of the United States; an association (including partnerships and
trusts) of such citizens; a municipality; or a cQrporation organized under
the laws of the United States orof àny State or Territory thereof; (2) Be
in compliance with acreage limitation requirements wherein the bidder's
interests, direct and indirect, iri oil and gas leases in the State idèÌ'i'Üfied
do not exceed 246,080 acres each in public domain or acquired lands
including acreagecòvered by this bid, of which not rrtòre than 200,000
acres are under options. If this bid is'subrrtitted for lands in Alaska, the'
bidder's holdings in each öf 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 ofthç: Act; (5) Not be in violation ofse.c. 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.
The Privacy Act ofI974 and the regulation in,43CFR 2.48(d) provide
that you be furnished the following information in connection with
information required by this bid fqr a Competitive Oil and Gas or
Geßthermal Resources Lease. ' .,
AUTHORITY: 30 U.S.c. 181 et seq.; 30 U.S.C. 351~359; 30 U,S.c. .
1001-1025; 4'2 U.S.c. 6508' ,
PRINCIPAL PUR'PÒSE: The informaûon is to be ùsed to process your,
bid.
For leases that may'be issued 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;
or a corporation organized under the laws of the United States or of any
State or Territory thereof; and (2) Be in compliance with acrèage
limit'ation 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 µnited States; an alien lawfully
admitted for permanent residence; a private, P4blicor municipal
corp~rati9n,orgaQized. under the laws of the United States or of any
Stateor 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. i{1 compliance with 43
CFR Part 3130 and the leasing authorities cited herein.
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 appropriate Federal agencies when comment
or Concurrence is required prior to' granting -aright 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
iñformation is voluntary. If all the information is not provided, your bid
maybe rejected.
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The PaperworkRedu~~on Act of 1995(44 µ .S.C;:. 35() 1 et seq.) requíres us tp .i,nform you that:
This information is beiñg-ë<?Uecrerl úÜiècO~.ánœ witti 4~ CFR3120, 43 cF'if3130. or 43 CFR 3220..
This information will be used to determine the bidder submitûng the highest bid.
Response to tills request is requir:ed,tQ obtain a benefit..
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BLM would like you to know that you'do not have"to respond to lhis or any other Federal agèncy-sponsored infonnation collection unless it displays a currently valid OMB
control number.
BURDEN HOURS STATEMENT
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P,!blic reportingburden for this fonn ises~mate!ll( a,v¡:r,age 2 hOJl~ ~r response including the time for reviewing iIlStructions. gathering and maintaining (}ata, ,and
;coJIlpleting and reviewing the fonn. Direct comments regarding the burden estimllte or any other aspect of this,forrnto U.S. Department of the Interior, Bureau of Land
Management, Bureau Clearance Officer (WO-630), 1620 L Street, Washington, r;>.C. 20036 and the Office of Management and Budget, Desk Officer for the Interior
Department, Office of Regulatory Affairs (1004-0074), Washington, D.C. 20503. ;
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:MULTIPLE J\lIJ\TERAL DEVELOPM:ENT STIPULATION
IVW164533
,'ì1'764
Operations wi}] Dot 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
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LEASE NOTICE NO.1
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Under Regulation 43 CFR 3101.1-2 and terms of the lease (BLMForm 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 desJgn 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 specificany 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 areaSllre identified below. Any surface use or occupancy within such special llreas
wjlJ be strictly controlled or, if llbsolutely necessary, prohibited. Appropriate modificlltions to imposed restrictions
wjlJ be made for the maintenance JUld operation of producing wens.
1. Slopes in excess of 25 percent.
2. Within 500 feet of surface water and/or riparian Meas.
3. Construction with frozen material or during periods when the soil material is satumted or when watershed
damage is likely to occur.
4. Within 500 feet ofJnterstate hIghways llnd 200 feet of other existing rights-of-way (i.e., U.S. llnd State
highwllYS, 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 llbove conditions exist, surface disturbing activities wilJ be prohibited unless or until the permittee or the
designated representative llnd the surface management llgency (SMA) llTTive llt an acceptable plan for mitigation of
llnticipated impacts. This negotiation wilJ occur prior to development llnd become II condition for llpproval when
lluthorizing the action.
Specific threshold criteria (e.g., 500 feet from water) have been established based upon the best information
available. However, geographical Meas and time periods of concern must be delineated llt the field level (i.e.,
"surface water lind/or riparian areas" may include both intennittent llnd ephemenù wllter sources or may be Hmited to
perennial surface wllter).
The referenced oil llnd gas leases on these lands are hereby made subject to the stipulation that the exploration or
drilJing llCtivities wi]] not interfere materiany with the use of the Mea liS a materials .site/free use permit. At the time
opemtions on the llbove lands llre commenced, notification will be made to the llppropriate llgency. The name of the
llppropriate llgency may be obtained from the proper BLM Field Office.
THIS NOTICE APPlJES TO AU.... PARCELS
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LEASE NOTICE NO.2
BACKGROUND:
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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, Monnon Pioneer, and Pony Express Trails, as we]] as the Nez Perce Trail, were
designated by Congress through the National Trails System Act (pl. 90-543; ] 6 U.S.c. 124]-]25]) as amended
through P l. ] 06-509 dated November ]3,2000. Protection of the National Historic Trails is norma]]y considered
under the National Historic Preservation Act (pl. 89-665; ] 6 D.S.C. 470 et seq.) as amended through] 992 and the
National Trails System Act. Additiona]]y, Executive Order ]3]95, ''Trails for America in the2l" Century," signed
January] 8, 200], states in Section]: "Federal agencies will...protect, connect, promote, and assist trails of all types
throughout the United States, This wi]] be accomplished by: (b) Protecting the trail corridors associated with
national scenic trails and the nigh 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, theBLM wj]] be
considering all impacts and intrusions to the National Historic Trails, their associated historic landscapes, and a]]
.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 wj]] ]ikely 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 inc1ude, but are not limited to, modification of siting or design of facilities to
camouflage or otherwise hide the proposed operations within the viewshed. Additiona]]y, specification of interim
and final reclamation measures may require relocating the proposed operations within the leaset,Qld. Surface
disturbing activities will be analyzed in accordance with the National Environmental Policy Act of 1969 (pl. 9]-
]90;42 U.S.C.432]-4347) as amended through P l. 94-52, July 3, ]975 and Pl. 94-83, August 9, J975, 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 11 predecisional lIction, necessaT)' until final decisions regarding surface
disturbing restrictions lire made. Final decisions regarding surface disturbing restrictions will take place
with fu)) public disclosure lInd pubJic involvement over the next sever1l1 years if ELM determines that it is
necessary to lImend existing land use plans.
GUIDANCE:
The intent of this notice is to infonn interested parties (potential lessees, permittees, operators) that when any oil and
,gas lease contains remnants of National Historic TTails, or is located within the viewshed of a National Historic
Trails' designated centerline, surface disturbing 1:lctivities will require the lessee, permittee, operator or, their
designated representative, and the surface management agency (SMA) to 1:lrrive at.an acceptable plan for mitigation
of anticipated impacts. This negotiation will occur prior to development and become a condition for approval when'
lIuthorizing the action.
TIllS NOT1CE APPLIES TO AU PARCELS
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SPECIAL LEASE STIPULATION
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This lease may be found to contain historic properties .and/or resources protected under
the National Historic Preservation Act (NHP A), American Indian Religious Freedom
Act, Native American Graves Protection Md Repatriation Act, E.O. 13007, or other
statutes .and executive orders. The BLM will not approve MY ground disturbing activities
that may affect any such properties or resources until it completes its obligations under
applicable requirements of the NHP A 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 STlPULATION APPlJES TO ALL PARCELS
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TIMING LIMITATION STIPULATIONS - TLS
No surface use is ~owed during the following time period(s). This stipulation does not apply to
operations and maintenance of production facilities.
(1) Mar 15 to lul15;
On the lands described below:
(2) as mapped on the Kemmerer Field Office GIS database;
1?or the purpose of (reasons):
(3)protecring Sage Grousenestingllabitat
Any changes to this.stipulation will bemadem 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 <md 3101 or
FS Manual 1950 .and 2820.)
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NOTICE TO LESSEE
Provisions of me Mineral Leasing Act (MLA) of 1910,.as .amended by !be Federal Coal Leasing
AmendmemsAct of1976,mectan enrity'squalificarionsto obtain an oil and gas le.ase. Secrion1(a)(1)(A)
of the MLA.,30 U.s.C.10] (a)(2)(A), requires that any entity that holds and has held a Federal coal lease
for] 0 years beginning on or .after August 4, 1976, and who isnot producing coal in commercial quantities
from each .such lease, cannot qualify for the issuance of .any other lease granted under the MLA.
Compliance by coal lessees with Section 1(a)(1)(A) is explained in 43 CFR 3471.
1n accorcUmce with the terms oftbis oil and gas lease, with respect10 compliance by the initial lessee with
quali£carions concemingFederal coal lease holdings, a.ll assignees and 1ransferees are herebynorified that
this oilanri gas leaseissubjectto cancellarionif: (J) the initial lessee as assignor or .astransferorhasfalsely
certified compliance with Section2(a)(2)(A), or (2) because of a denial or disapproval by a State Office
OÜl penciiT1~ coal &tÏon, ie., IDInS-length assignment,. relinquishment, or logic.:li mining unit, the initial lessee
.as.assignor or .asn-ansferor is no longer in compliance "vith Sec1ion1(a)(2)(A). The.assignee,sub]essee
or 1ransferee does not qualify .as a bona fide purchaser and, mus, has no rights 10 bona fide purchaser
protection in the event of cancellation of this lease due to noncompliance with Section 1(a)(1)(A).
lnfonnarionregarding.assignor, .sublessor or1Tansferor compliance with Sec1ion2(a )(2)(A) is contained
in!be lease case file.as wel1.asin other Bureau of Land Mamuzementrecords .available 1brolliÙ1 the State
- -
Office issuing this lease.
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