HomeMy WebLinkAbout915403
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UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU 'OF LAND MANAGEMENT
'OFFER TO'LEASE ANI):LEASE· FOR ,OIL AND GAS, "\','
serial No.
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:~. 00298
'1/6
Fri'3100..Ub-'
(October 1991)
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The un4ersigned Irevme) offers to lease 1111' or any of \lie and$ ·in It~m 2 that are 4yªilabl~ for lease purs~nI tq the. Min~r8) J-easingA,ct pf1920: as amend¢. ~ supplelJ)en,¢ (30 II .S:C.JI! I .,
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2~Th. is a.pp.li.caiionlo.fferJlèase. '.S.....for:. (~., "~ckonly;()n.d~.., ..p,~UG,POMJ\lN,LANP..S. .','..:::.. . ·':,::::~.:·,::.;:;.i:~::£tì~~Ç9Yj~:~tt~~~i~~~~~¡;-'~:~~·¡pi~~~s,t,;:: ·~r::;:~:;;~,):·:
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BOOK: 610 PAGE: 298
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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Amount remÎllèd:
Rent8J fee $
To~ à¿¡:~s åppliedfo.~·
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This.lease is issûed grånting the exclusive ri¡¡httodÌillfot;.'I1Ìinè.·ext:ract. remove anddispo~è: of a:llth,,'òi! and gas (&cepï¡,.Úun.)in the lands'described in ltem'3togethet with the right to b~ÎId
and maintain necessary improvements thereupon for the tenn' indicated· below, subject ·to renew¡¡J or. extension in accordance with the appropriate leasing authority. Rights granted are subject to
applicable laws, the tenns, conditions, and attached stipulations of this iease. the Secretary of the Ïntèrio't's'regulations and fonna! orders in effect às of lease issuance. and to regulations and fonna!
orders hereafter promulgated when not.iJiçpnsistent withlç¡¡se rights gr!lilted oUJ1!\Çilk provisions of.this .I~.,;. ", '.
NOTE: This lease Is Issued to tbe high bidder pursuallt to his/her duly executed bid or nomination form submilled under 43 CFR 3120 and Is subject to the provlsiOll5 of tbat bid or.
nomination and those specified on this form. .
Type and primary ten'll of lease:'"
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o Noncompetitive lease (ten years)
fCnntinupd nn r,-vpr;çp)
return recoNled document to:
Burnett Oil Company - Land Dept.
Burnett Plaza - Suite 1500
801 Cherry St. - Unit #9
17nrt \Xfnrth TV ..,.1:11\") ;(001
EFFECTIVE' DATE OF LEASE
OCT 2'0 2005
NOV.O 1 2005
(Date) .
IX Competitive lease (ten years)
o Other
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4. (a) Undec;igned certifies that (1) offeror is a citizen of tbe United States; an association of such citizens; a municipality; or a corporatioo organized under the laws of the UniicdS~ or of any
State or Tenitory thereof; (2) all parties bolding an interest in the offer an: in compliance with 43 CFR 3100 and the leasing authorities; (3) offero~s chargeable irite~ts, direct and indirect, in eacb
public domain and aC<JllÎred lands separately in the $ame State do not exceed 246,080 acres in oil and gas leases (of wbiCh up to 200,000 aa-es may be in oil and gas options~ or 300,000 acres in
leases in eacb leasing District in Alaska of wbicb up to 200;000 acres may be in options, (4) offe(Or is not considered a minor under the laws of the State in whicb the lands covered by this offer are
located; (5) offeror is in compliance with qualifiC<ltions concerning Federal caallease boldings provided in sec. 2(aX2XA) of the Mineral Leasing Act; (6) offeror is jn complianœwith reclaa1atioo
requirements for all Federal oil and gas lease boldings as required by sec. 17(&) of the MioeralLeasing Act; and (1) offeror is not in violation of sec. 41 of the Act.
(b) Undersigned agrees that signature to this offer constitutes acceptance of this lease, including alllerms, conditions, and stipulati""'! of which offeror bas been given notice, and any amendment
or separ.i1e lease that may include any land described in this offer open to leasing at the time this offer waS. filed but omitted for'àr¡y·.reas"; fiom this lease. The offeror further ;agrees tþatthis offer
cannot be withdrawn, either in whole or in part, unless the withdrawal is received by the proper Bl.M State Office before this lease, an amendment..to this lease, or a separate lease, whichever coven;
the land described in the withdrawal, bas been signed on behalf of the United States.
This offer will berejeded and will afford offeror DO priority if it is Dot properly completed and executed In accordance with the regwatioos, or if it is DOt acclHDpanied by the required
paymeDts. 18 U.s.C. Sec. 1001 makes it a crime for any penon ~~ and willfuUy to make to any Departmeøt or "IIeDCY of tile United States any faise, fictitious or frauduieDt statemeDts
or repraeDtatioDs as to any matter withiD its j8sLåø . C 0'21'
Duly executed this day of , 19 _ .
. '(Signature of Lessee or Attorney-in-fact)
See. 1. Rentais-Rentais shall be paid to proper office of lessor in advance of each lease year.
ADnual rentai rates per acre or fraction thereof are:
(a) NonconÌÌ>etitive lease $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 attaclunem, or
as 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
.includes a well capable of producing 1eascd resources, and the plan contains a provision for
.aUocation of production, royaJlies shall be paid on the production allocated to this lease. However.
annual rentals shall continue to be due al the rate specified in (a), (b), or (c) for those lands
oot within a participating area.
Failure to pay annual rentai, if due, pn' 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. Rentais may be waived, reduced, or suspended by the Secretary upon a sufficiem showing
by lessee.
See. 2. Royaities-Royalties shaiI be paid to proper office of lessor. Royaities shaiI be computed
in accordance with regulations pn production removed or sold. Royalty rates are:
(a) Noncompetitive lease, 12'1,%;
(b) Competitive lease, i2 'I, %;
(c) Other, see anacbmem; or
as specified in regulations at the time this lease is issued.
Lessor reserves the right to specify whether royaity is to be p&id in vatue orin kind, and the
right to establish reasonable minimum vaiues on products after giving lessee notice and an
opportunity to be heard. When paid in vatue, royalties shall be due and payable on the last day
of the month following the month in which prnduction occurred. When paid in kind, production
sbaIi be delivered, un1ess otherwise agreed to by lessor, in merchantable condition on the premises
where produced without cost to lessor. Lessee shall not be required 10 hold such production
in storage beyond the Ja,st day of the month following the month in which production occurred,
nor sballlessee be held liable for loss or desuuction of royaity oil or other products in storage
from causes beyond the reasonable control of lessee.
Minimum royaity .in lieu of rentai of not less than the rentai 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 royaity rates may be reduced, for all or portions of this lease if the Seeretary determines
that such action is necessary to encourage the greatest ultimate recovery of the leased resources,
or is otherwise justified.
An interest charge sbail be assessed on late royalty payments or underpayments in accordance
with the Federal Oil and Gas Royaity Management Act of 1982 (FOGRMA) (30 V.S.C. 1701).
Lessee shall be liable for royalty payments on oil and gas lost or wasted from a lease site when
such ioss 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 .
See. 3. Bonds-A bond shall be fùed and maintained for lease operations as required under
regulations.
See. 4. Diligence, rate of development, unitization, and drainage-Lessee shaiI exercise reasonable
diligence in developing and producing, and shall prevent unnecessary damage to, loss of, or'
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 proper development and operation of area, field, or pool
embracing these leased lands. Lessee shall drill and produce wells necessary to protect 1eascd
lands from drainage or pay compensatory royaity for drainage in amount determined by lessor.
See. 5. Documents, evidence, and inspection-Lessee shall fùe with proper office of lessor,
not later than 30 days after effective date thereof, any contract or evidence of other arrangemem
for saie or disposal of production. At such times and in such form as iessor JD¡Iy prescribe, lessee
shall furnish detailed statements showing amounts and quaiity of all products removed and sold,
proceeds therefrom, and JIIIlouot used fOf production purposes or unavoidably lost. Lessee may
be, required to provide plats and schematic diagrams showing developmeni work and
.improvements, and reports with respect to parties in interest, expenditures, and depreciation
costs.ln the form prescribed by iessor, lessee sbaIi keep a daily drilling record, a log, information
on weil 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, theJeased premises and all wells, improvements, machinery, and fixtures II¥:reon,
and ail books, accounts, maps, and records relative to operations, surveys. or investigations
on or.in the leased lands. Lessee sbaIi.maintain copies of.aU contracts, sales agreements, JICCQUDtÍJIg
records. and documentation such;asbillings, invoices, or similar' documentation that supports..
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LEASÈ'TERMS
costs claimed as manufacturing, pr~paration, and/or transportation costs. All such records shall
be maintained in lessee's áccounting 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 iease, infórmation obtained under this section sbaIi be closed to
inspection by the public in accordance with the Freedom'of Jnformation Act (5 U.S.C. 552).
See. 6. Conduct of operations-Lessee sbaIi conduct operations in a manner that minimizes adverse
impacts to the land, air, and water, to culturai. biological. visuai, and other resources, and to
other land useS or users. J.issee 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, inciuding
the approvai of easements or rights-<>f-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 sball contact lessor to be apprised
of procedures to be followed and mndiflcations 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 sbort 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
environmentai effects are observed, lessee shall immediately contactlessor. 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.
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 00 expense or
loss to lessee or owner of the gas. Lessee shaiI include in any contract of sale of gas the provisions
of this sectipn.
Sec. 9. Damages to property-Lessee shall pay lessor for damage to lessor's improvemeuts.
and sbaIi save and bold lessor JwmJess from all claims for damage or hann to persons or property
as a result of lease operations.
See. 10. Protection of diverse interests and equal opponunity-Lessee sbaIi: pay when due all
taxes legally assessed and levied under laws of the State or the United States; accord all employee¡
complete freedom of purchase; pay all wages at least twice each month in lawfuimoney 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 Minerai Leasing Act of 1920.
Lessee sball conlply with Executive Order No. 11246 of September 24, 1965, as amended,
and regulations and relevant orders of the Seeretary of Labor issued pursuant thereto. Neithtr
lessee nor lessee's subcontractors shall maintain segregated facilities.
See. Ii. Transfer of lease interests and reiinquishment of lease-As required by regulations,
lessee shall iiie with lessor any assignment or other transfer of an inter,;st in this lease. Lessee
may relinquish this lease or any legal subdivision by fùing in the proper office a written
relinquishment. which sbaIi be effective as of the date offùing, subject to the continued obligation
of the lessee and surety to pay all accrued rentais and royaities.
See. 12. Delivery of premises-At such time as all,o~ponionsofthis lease ar<: 1'ttumcd tolc:ssor,
lessee shall place affected wells in condition for suspension or abandomnent, reclaim the land
as specified by lessor and, within a reasonable period of time. remove equipment and
improvements oot deemed necessary by lessor.for preservation of producible wells.
See. i3. Proceedings in case of default-lf lessee fails to comply with any provisions of this
iease. and the noncompliance continues for 30 days after written notice thereof, this lease sball
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 10 an approved cooperative or unit
plan or communitization agreement which contains a well capable of production of unitized
5Úbsrances in paying quantities. This provision shall not be consuued to prevent the exercise
by lessor of any other legai and equitable remedy. including waiver of the default. Any such
remedy or waiver shall not prevent later cancellation for the same defaDJ!iJ>Ccurring at any other
. time. Lessee shaiI be subject to applicable provisions and penalties of FCXìRMA (30 U.S. C. 170 I).
See. 14. Heirs and successors-in-u:.terest-Each obligation of Ìhis leaSe thall extend 'tdand be
,'binding µpon, and every benefit hereof shall inure-totheheirs,:.executors, administrators,
sÌ1CÇessors, benefIciaries. or JlSsignees of the respective parties hereto.
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1JNITEDSTA--;Œs
., '.f. DEPARTMENT OF THE INTERIOR
.BUREAU OF LAND MANAGEMENT
, COMPETITIVE OIL AND GAS OR
GEOTHERMAL RESOURCES LEASE BID
30 U.S.C. 181 et seq.; 30 U.S.C. 351-359;
30 U.S.C. :1001-1025;42 U.S.C. 6508
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FORM APPROVED
OMB NO. 1004-0074
.Bxpires:May3l,2000
09 5403
The appropriate regulations Applicable to this bid.are: (I) for oiland gas leases-43 CFR3120; (2) for National Petroleum Reserve-Alaska (NPR-A)
leases-43 CFR 3132; And (3) for Geothermal resources leases-43 CPR 3220. (See details concerning lease qualifications on reverse)
I CERTIFYTHAT 1 have read andlUIl in compliance with, and not in violation of, the lessee qualification requirements under the applicable regulations
for this bid.
1 CERTIFYTHA T this bid is notin vioÙition of 18 U.S. C. 1860 which prohibits unlawful combination or intimidation of bidders. Ifurther certify that
this bid was Arrived .at independently and is tendered without collusion with any other bidder for the purpose of re,stricting competition,
IMPORTANT NOTICE: Execution of this form, where the offer is the high bid, constitutes a binding lease offer, including all applicable terms and
co ru:I .itions . Fail ..urt:t.ocomPlY W.Ï1.h. the APPliC. ab.le 1. aw.s and regUl.a.Ìl. 'ons under which this b. idis~. t2resul....tionOfthebid~. a.. r elt eof
.all monies submitted. ( J'A . · f _
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Ç'?f'1? S. Fú l-h~
Address of Lessee
VI!) T (? ()
State
PARCEL NUMBER
THE BID.JS FOR (Check one):
.rn4'".and Gas P.arcelNumber
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... 0 Geothermal P.arcelNumber
Name of Known Geothermal Resoúrce Area (KGRA)
91) "14 £CJrJ() j)
City
WP:Y
f?OIl J -~7 J 9
-Zip Code
C0031'0
State
Date of sale ,J
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AMOUNT OFBID (See Instructions below)
PAYMENT SUBMITffiD
WITH BID
,
TOTAL BID
INSTRUCTIONS
INSTRUCTIONS FOR OIL AND GAS BID
.(Expspt NPR-A)
1. Separate bidforeach pArcel is requir-ed.Identify parcel by the parcel
,.c,...-.". number assigned ID the Notice of CQmpetiiive Lease Sale. '
2. Bid must be ACcompanied by the national minimnm acceptable bid,
the first year'STentaland the administrative fee. The remittance must
be in the form specifIed in 43 CPR 3103.1-1. The remainder of thej
bonus bid,ifany,must be submitted to the proper BLM offIce within
10 worfing.dlys.after the 1a$Uiay of the oral.auction.Failure to.
submit the remainder o.fthe bonus bid witbinlO working days will
result in rejection of the bid offer,and Iorfeitureof alImonies paid.
3. Ifbidder is not the sole party in interest in the 1easefor which the bid
is submitted, all other parties in interest may berequired to furnish
evidence of their qualifications upon written req uestby the authorized
officer. .
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4. This bidmay be-executed (signed) befõkfhe orJilà~ion.lf signed
before the oral ß.Uction, this form cannot be modifieawithout being
executed again.
5. In view of the above requirement (4), bidder may wish to leave
AM OUNT OF BID section blank so that final bid lUIlOunt may be
either completed by the bidder or the Bureau of Land Management
at the oral .auctio.n.
INSTRUCTIONS FOR GEOTHERMAL OR
NPR~A OIL AND GAS BID
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1. Separate bid for each parcel is required. Identify parcel by the
number assigned to a tract.
2. Bid must be accompanied by one-.f1fth of the totallUIlount of bid. The
remittance must be in the form specified in 43 CFR 3220A fora
Geothermal Resources bid and 3132.2 for a NPR-A lease bid.
3. Mark envelope Bid for Geot.llermal Resources Lease in (Name of
KGRA) or Bid for NPR-A Lease, as appropriate. Be sure correct
parcel number of tract on which bid is submitted and date of bid
opening are noted plainly on envelope. No bÎd may be modified or
withdrawn unless such modification or withdrawal is received prior
to time fixed for opening of bids. .' "c .', ..
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4. Maj~ ,j)r deliver ¥ t? the ~er BLM office or place indicated in the
N cftJi:f9,f C01'f:JJt~ve ,µ~~l ~f¡/" / r1 I)
1./1u//r",~<:#/¡7 ~/U-
5.;1 bidder isnot $e ~l( party\ïn.mterestID the lease for which bid is
-,submitted, .all oÍÞèr parties in interest may be required to furnish
V' evidence of their qualifications upon written requestby the authorized
officer. .. . . _ <
Title 18 U.s.C.secJk¡~:òoi ~ T~-~ U.s.c, SectiOll12l2 make jt a.crimdor JlDY personJrnowmgly ADd willfully to make to .any depæ1ment or .agency of the United
Slates .any false, fictitious, otfriwduIerifiaatementsor representations 1IS lOJlDymatter within its jurisdiction.
I..
(Continued on rever~e)
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OPTlDNALUSE"CnPY
:Form 3000--2 (Juív 1997)
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...00301
QUALIFICATIONS
. For leases that may be issued as a, result of this sale under tIJ.e Minefal
Leasing Act (The Áct) of 19W, as amended; the oral bi~er must: (I) Be
a citizen of the United States; an associatión (includìn'g partnerships and
trusts) of such citizens; a municipality: or a corporation organized under
the laws of the United States or of any State or Territory thereof; (2) Be
in compliance with acreage limitation requireÍ'nentswherein the bidder's
interests, direct and indirect, in oiIand gas leases in the State identified
do nOt exceed 246,080 ~creseach in public domain or acquired lands
including acreage covered by this, bid, of which l\o,t more than 200,000
acres are under options. If this bid is submitted for lands in Alaska, the·
bidder's holdings il! each of the Alaska leasing distriCts do not exceed
300,000 acres, of which no more than 20Ø,OOO 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 f9r, all Federal oil and gas holdings as
required by sec. 17 of the Act; (5)1'{c)tbe \n violl;ltion of sec. 41 of the Act;
and (6) Certify thai all patties In interest in this bid are ín compliance
with 43 CFR Groups 300P¡¡'µ9 ~lqP and the leasing authorities cited
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The Privacy. Act of 1974 arid theregulation)n 43 CFR 2,48(d) provide
that you be funiished the following information in connection with
information required by this bid for a Competitive Oil and Gas or
Geothermal Re~~urces,Le'ase, . , .
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 PURPOSE: Theiriformâtibn is to be Used to procèss your
bid. ". ": i-
For leases that may be issued as a result of this sale under the.
Geothermal Steam Act of 1970, as amended, the þidder must: (I) Be a
citizen of the United States; an association of such citizéhs; 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 5 I ,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 19ß1, the bidder
must: (I) Be a citizen or national of the United States; an alien lawfully
admitted for permanent residence; a' private, P4blicor municipal
corporation organized under the laws of the United States or of any
~tate 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 big are in compliance with 43
CFR Part 3130 and th~ leasing iiUt~oríties 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 a righHn1>ublic lands or
resources. (4)(5) Informiltion from the record 'and I or the record will be
transferred to appropriate Federal, State, local or foreign agencies,
when relevant to,~ivil, criminal !>uegu.latory investigatio.ns or prqsecu~
tions. '.... ...' '" ~. .
EFFECT OF NOT PROVIDING INFORMATION: Disclosure of the
information is voluntary. If all the information is not provided, your bid
may be rejected.
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The P¡lperwork Reduction Act ofl995 (44U.S.C: 3501 et Seq,) re,qi.Jire~ µsto inform you that:
This information is being collected in accordance wîth 43 CPR 3120, 43CFR 3130, or 43 CPR 3220..
This information willbè used to determine die bidder submitting the highest bid.
Response to this request is required to obtain a benefit..
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BIM would like you to lçnow ~at you do not have to respond to this or any other Federal agency-sponsored information cOllec'ion unless it displays a currently valid OMB
conlrol nwnber. .
BURDEN HOURS STATEMENT
Public reporting burden fer this form is estimated to average 2 hours per response including the time fer reviewing instructions, gathering and maintaining data. and
completing aIld reviewing the form. Direct comm-enlS r'egárding the burden estimate or any other aspect of this form to U.S. Department of the Interior, Bureau of Land
Management, Bureau Clearance Officer (WO-630), 1620 L Street, Washington, D.C. 20036 and the Office of Management and Budget, Desk Officer for the Interior
Department, Office of ReguJatory Affairs (1004-0074), Washington, D.C. 20503.
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0915'-103 .
WYW164013
C00302
J\1UL TIPLE MINERAL DEVELOPJ\1ENT STIPULATION
Operations wiJ] not be apprdved 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 STJPULA TION APPLIES TO ALL PARCELS
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091.5403
WYW164013
LEASE NOTICE NO.1
C00303
Under Regulation 43 CFR 3101.1-2 and terms of the lease (BLM Form 3100-11), the authorized officer may require
reasonable measures to minimize adverse impacts to other resource values, land uses, and users not addressed in
lease stipulations at the time operations are proposed. Such reasonable measures may include, but are not limited to,
modification of siting or design of facilities, timing of operations, and specification of interim and final reclamation
measures, which may require relocating proposed operations up to 200 meters, but not off the leasehold, and
prohibiting surface disturbance activities for up to 60 days.
The lands within this lease may include areas not specifically addressed by lease stipulations that may contain special
values, may be needed for special purposes, or may require special attention to prevent damage to surface and/or
other resources. Possible special areas are identified below. Any surface use or occupancy within such special areas
will be strictly controlled or, if absolutely necessary, prohibited. Appropriate modifications to imposed restrictions
will be made for the maintenance and operation of producing wells.
1. Slopes in excess of 25 percent.
2. Within 500 feet of surface water and/or riparian areas.
3. Construction with frozen material or during periods when the soil material is saturated or when watershed
damage is likely to occur.
4. Within 500 feet ofInterstate highways and 200 feet of other existing rights-of-way (i.e., U.S. and State
highways, roads, railroads, pipelines, powerIines).
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 that, the exploration or
drilling activities will not interfere materially with the use of the area as a materials site/free use permit. At the time
operations on the above lands are commenced, notification will be made to the appropriate agency. The name of the
appropriate agency may be obtained from the proper BLM Field Office.
THIS NOTICE APPLIES TO ALL PARCELS
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WYW164013
0915403·
LEASE NOTJCE NO.2
C00304
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 Trails, as well as the Nez Perce Trail, were
designated by Congress through the National Trails System Act (P.L. 90-543; ]6 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; ] 6 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 2151 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 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 archaèological 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 leasenold. Surface
disturbing activities will be analyzed in accordance withthe National Environmental Policy Act of 1969 (P.L. 91-
190; 42 U.S.c. 4321-4347) as amended through P.L. 94-52, July 3,1975 and P.L. 94-83, August 9,1975, and the
National Historic Preservation Act, supra, to determine if any design, siting, timing, or reclamation requirements are
necessary. This strategy is necessary until the BLM determines that, based on the results of the completed viewshed
analysis and archaeological inventory, the existing land use plans (Resource Management Plans) have to be
amended.
The use of this lease notice is a predecisional action, necessary until final decisions regarding surface
disturbing restrictions are made. Final decisions regarding surface disturbing restrictions wiJI take place
with full public disclosure and public involvement over the next several years if BLM deterDÚnes 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, pennittee, 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
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0915403
;VYW164013
SPECIAL LEASE STIPULATION
C00305
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 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 STIPULATION APPLIES TO ALL PARCELS
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09j~}5l\03
C00306
WYW164013
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 Ju115;
On the lands described below:
(2) as mapped on the Kemmerer Field Office GIS database;
For the purpose of (reasons):
(3) protecting Sage Grouse nesting habitat.
Any changes to this stipulation will be made in accordance with the land use plan and/or the regulatory
provisions for such changes. (For guidance on the use of the stipulation, see BLM Manual 1624 and 3101 or FS
Manual 1950 and 2820.)
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, 0915403
C00307
WYW164013
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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0911-5403
WYW161,.013
C00308
NOTICE TO LESSEE
Provisions of the Mineral Leasing Act (MLA) of 1920, as amended by the Federal Coal Leasing
Amendments Act of1976, affect an entity's qualifications to obtain an oil and gas lease. Section 2 (a) (2) (A)
of the MLA, 30 V.S.C. 201 (a)(2)(A), requires that any entity that holds and has held a Federal coal lease
for 10 years beginning on or after August 4, 1976, and who is not 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 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 anå gas lease is subject to canceJIation 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 pendin~ coal action, i.e., anns-Iength assignment, relinquishment, or logical mining unit, the iniriallessee
as assignor or as transferor is no longer in compliance 'With Section 2(a)(2)(A). The assignee, sublessee
or transferee does not qualify asa bona fide purchaser and, thus, has no rights to bona fide purchaser
protection in the event of cancellation of this lease due to noncompliance 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 weJI as in other Bureau of Land ManaQementrecords available throucl1 the State
- -
Office issuing this lease.
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