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HomeMy WebLinkAbout929113 Form ~UOO-llb (October 1992) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT OFFER TO LEASE AND LEASE FOR OIL AND GAS Serial No. 'N';[V'>/ íT~ÙJ::, The undersigned (r~v~,,~) offers 10 lease all or any of the lands in Item 2 thaI are available for lease pursuant 10 the Mineral Leasing Act of 1920. as amended and supplemented (30 U.S.C, 181 et seq,). the Mineral Leasing ACI for Acquired Lands of 1947. as amended (30 U,S.C, 351-359). the Attorney General's Opinion of April 2. 1941 (40 Op. Atty. Gen. 41), or the READ INSTRUCTIONS BEFORE COMPlEl1NG 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 I, Name AN'r.ì:,:LOPE LAND SERVICES LLC: Street PO BO X 577 City. Slate. Zip Code KlIvfBAU" 'HE 691450577 2, This application/offer/lease is for: (Ch~ck only On~) Q:PUBLlC DOMAIN LANDS Surface managing agency if other than BLM: Legal description of land requested: 'Parcel No,: ·SEE ITEM 21N INSTRUCTIONS BELOW PRIOR TO COMPLETING PARCEL NUMBER AND SALE DATE. o ACQUIRED LANDS (percent U.S. interest Unit/Project 'Sale Date (mId/y):_/ _ / _ T. R, Meridian Slate County RECEIVED 5/7/2007 at 3:19 PM RECEIVING # 929113 BOOK: 657 PAGE: 76 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Amount remitted: Filing fee $ Renlal fee $ Total acres applied for Total $ DO NOT WRITE BELOW THIS LINE 3. Land included in lease: T. 02WN R. 1;' 7{j'iJi/ Meridian OÖtJt Slate W Y County L.íncü.i.n ;'~~c. 026 }i.LL; 028 ALL, 034 'J>"JEl\.~E~,:S2N2,,~S2; ",' Total acres in lease 1800.000 / ~ental retained $ .2700.00 V This lease is issued granting the exclusive right to drill for. mine. extract, remove and dispose of all the oil and gas (~XC~pl h~/jum) in the lands described in Item 3 together with the right to build and maintain necessary improvements thereupon for the tenn indicated below. subject to renewal or extension in accordance with the appropriate leasing authority. Rights granted are subject to applicable laws. the tenns, conditions. and attached stipulations of this lease. the Secretary of the Interior's regulations and formal orders in effect as of lease issuance, and to regulations and formal orders hereafter promulgated when not, inconsistent with lease rights granted or specific provisions of this lease. NOTE: This lease Is Issued 10 lhe high bidder punuanllo his/her duly execuled bid or nomlnallon ronn submitted under 43 CFR 3120 and Is subjec:t 10 lhe proYlslons or lbal bid or nomlnallon and those speclßed on IhIs ronn. Type and primary tenn of lease: ) ~'. ~. ~:(;: !~'J.: '.~~ THE UNITED STATES OF AMERICA ¡ii'iInoo~, ~. Vv I'...),,~ o Other .t:. (Signing Officer) fUd. B:~:E::: :;~::;~tiz~ 1 2006 (~) o Noncompetitive lease (ten years) Q Competitive lease (ten years) (Continu~d on r~v~rs~) FOR LESSEE ..---- --------..---..-.------------------------.------------------------------------------------ - ---------------------------------------- ----- ---------------------------------------------------------------------------------------------------------------- .. \..., '"'......_...~ð"~...... ......................... .....~..... \..., .................. ... .. .............u ...... ....~ ......-........ --.....~--, '_d ~_...""_..........U .... ..._u _.~...-..... ... --.............-.t"U..~J, ...~ .. ........r............. ....0.....·......... _....._~ ....... n...... .... ...... .....Uh....... oJ.......-..w' ..... ...... .....J State or Tenitory th parties holding an interest in tbe offer are in compliance R 3100 and the leasing autborities; (3) offeror's cbargeabl ,rect and indirect, in eacb public domain and ......,~.~ u..Js separately in the same State do not exceed 246,080 acr~ u. vu ...d gas leases (of which up to 200,000 aa-es may be in oil ,,,,u !;"" uf'uons), or 300,000 acres in leases in each leasing District in Alaslm of whicb up to 2ûO,OOO 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 gu., j[jc.,tions concerning Federal coal lease boldings provided in sec. 2{a)(2)(A) of the Mineral Le.15ing Act; (6) offeror is in compliance with reclamation requirements for all Federal oil and gas lease holdings as required by sec. 17(g) of d1e Mineral Leasing Act; and (7) offeror is not in violation of sec. 41 of the Act. (b) Undersigned agrees that signature to this offer constitutes acceptance of UlIs 1e.1Se, including all terms, conditions, and stipulations of wrucb offeror b.1S been given notice, and any amendment or separate lease that may include any land described in this off.,r open to leasing at the time this offer was filcd but omitted for any re.,son from tbis lease. The offcror further agrees that tbis offer cannot be withdrawn, either in whole or in part, unless the withdrawal is received by tbe proper BLM StHte Office before this lease, an amendment to this lease, or a separate le.1Se, whichever covers the land described in the withdrawal, 11.15 been signed on behalf of the U,lIted St.,tes. ThIs offer will be ,rejected and "m atrord offeror no priority ir it is not properly comp!eled and executed in 8£cordance with the regulations, or Ir It is not accompanied by tbe required payments. 18 U.S.C. Sec. 1001 makes It a crime ror any per~R'l~vgj,Y~. ~r~to make to any Department or agency ortb~ United States any ralse,lIctitious or fraudulent statements or representations as to any matter within Its jurisdiction. V~:J,c:;~:L1~ 000077 Duly executed this day of , 19 _, (Signature of Lessee or Attorney-in-fact) LEASE TERMS 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. infonnation obtained under this section shall be closed to inspection by the public in accordance with the Freedom of Infonnation Act (5 V.S.C. 552). Sec. 6. Conduct of operations-Lessee shall conduct operations in a manner that minimizes adverse impacts to the land. air. and water. to cultural. biological. visual. and other resources. and to other land uses or users, Lessee shall take reasonable measures deemed necessary by lessor to accomplish the intent of this section, To the extent consistent with lease rights granted. such measures may include. but are not limited to. modification to siting or design of facilities, timing of operations. and specification of interim and final reclamation measures. Lessor reserves the rigbt to continue existing uses and to authorize future uses upon or in the leased lands. including the approval of easements or rights-of-way, Such uses shall be conditioned so as to prevent unnecessary or unreasonable interference with rights of lessee. Prior to disturbing the surface of the leased lands, lessee shall contact lessor to be apprised of procedures to be followed and modifications or reclamation measures that may be necessary. Areas to be disturbed may require inventories or special studies to determine the extent or impacts to other resources, Lessee may be required to complete minor inventories or short tenn special (a) Noncompetitive lease. 12 Y, %; studies under guidelines provided by lessor. If in the conduct of operations. threatened or (b) Competitive lease. 12 Y, %; endangered species, objects of historic or scientific interest. or substantial unanticipated (c) Other, see attachment; or environmental effects are observed. lessee shall immediately contact lessor. Lessee shall cease as specified in regulations at the time this lease is issued. any operations that would result in the destruction of sucb species or objects. Lessor reserves the right to specify whether royalty is to be paid in value or in kind. and the See, 7. Mining operations-To the extent that impacts from ßÙning operations would be right to establish reasonable ßÙnimum values on products after giving lessee notice and an substantially different or greater than those associated with nonnal drilling operations. lessor opportunity to be heard. When paid in value. royalties shall be due and payable on the last day reserves the right to deny approval of such operations. of the month following the month in which production occurred. When paid in kind. production See, 8. Extraction of helium-Lessor reserves the option of extracting or having extracted helium shall be delivered. unless otherwise agreed to by lessor. in merchantable condition on the preßÙses where produced without cost to lessor. Lessee shall not be required to hold such production 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 or sale of gas the provisions in storage beyond the last day of the month following the month in whicb production QCcurred. of this section. nor shall lessee be held liable for loss or destruction of royalty oil or other products in storage rrom causes beyond the reasonable control of lessee. See. 9, Damages to property-Lessee shall pay lessor for damage to lessor'simprovemeuts, and shall save and hold lessor hamlless from all claims for damage or hann to persons or property Minimum royalty in lieu of rental of not less than the rental which otherwise would be required as a result of lease operations, ror that lease year shall be payable at the end or each lease year beginning on or after a discovery in paying quantities. This ßÙnimum royalty may be waived, suspended. or reduced, and the Sec. 10, Protection of diverse interests and equal opportunity-Lessee shall: pay when due all above royalty rates may be reduced, for all or portions of this lease if the Secretary detennines taxes legaUy assessed and levied under laws of the State or the United States; accord aU employees that such action is necessary to encourage the greatest ultimate recovery of the leased resources. complete freedom of purchase; pay all wages at least twice each month in lawful money of the or is otherwise justified. Vnited Stares; maintain a safe working environment in accordance with standard industry practices; and take measures necessary to protect the health and safety of the public. An interest charge shall be assessed on late royalty payments or underpayments in accordance Lessor reserves the right to ensure that production is sold at reasonable prices and to prevent with the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) (30 U,S,C, 1701), monopoly. If lessee operates a pipeline. or owns controlling interest in a pipeline or a company Lessee shall be liable for royalty payments on oil and gas lost or wasted from a lease site when operating a pipeline. whicb may be operated accessible to oil derived from these leased lands, such loss or waste is due to negligence on the pan of the operator, or due to the failure '0 comply lessee shall comply with seetion 28 of the Mineral Leasing Act of 1920. with any rule, regulation. order. or citation issued under FOGRMA or the leasing authority, Lessee shall comply with Executive Order No. 11246 of September 24. 1965, as amended, Sec. 3, Bonds-A bond shall be med and maintained for lease operations as required under and regulations and relevant orders of the Secretary of Labor issued pursuant thereto. Neither regulations. lessee nor lessee's subcontractors shall "",intain segregated facilities, Sec. 4. Diligence. rate of development, unitization, and drainage-Lessee shaU exercise reasonable See, II, Transfer of lease intcrests and relinquishment of lease-As required by regulations. diligence in developing and producing. and shall prevent unnecessary damage to, loss of. or lessee shall me with lessor any assignment or other transfer of an interest in this lease. Lessee waste of leased resources. Lessor reserves right to specify rates of development and production may relinquish this lease or any legal subdivision by ming in the proper office a written in the public interest and to require lessee to subscribe to a cooperative or unit plan. within 30 relinquishment. which shall be effective as of the date ofming. subject to the continued obligation days or notice. if deemed necessary for proper development and operation of area, field. or pool of the lessee and surety to pay all accrued rentals and royalties. embracing these leased lands. Lessee shall drill and produce wells necessary to protect leased Sec, 12, Delivery ofpreßÙses-At such time as aU or portions oflhis lease are returned to lessor, lands from drainage or pay compensatory royalty for drainage in amount determined by lessor. lessee shall place affected wells in condition for suspension or abandonment. reclaim the land See, 5. Documents, evidence. and inspection-Lessee shall me with proper office of lessor, as specified by lessor and. within a reasonable period of time. remove equipment and not later than 30 days after effective date thereof, any contract or evidence of other arrangement improvements nol deemed necessary by lessor for preservation of producible wells. for sale or disposal of production. At such times and in such fonn as lessor may pre.cribe. lessee See, 13. Proceedings in case of default-If lessee fails to comply with any provisions of. this shall furnish detailed statements showing amounts and quality of all products removed and sold. lease. and the noncompliance continues for 30 days after written notice thereof. this lease shall proceeds therefrom, and amount used for production purposes or unavoidably lost. Lessee may be subject to cancellation unless or until the leasehold contains a well capable of production he required to provide plats and schematic diagrams showing development work and of oil or gas in paying quantities, or the lease is committed 10 an approved cooperative or unit improvements, and reports with respect to parties in interest. expenditures, and depreciation plan or commuIlitizalion agreement which contains a well capable of production of unitized costs. In the foml prescribed by lessor, lessee shall keep a daily drilling record. a log, infonnation substances in paying quantities, This provision shall not be construed to prevent Ute exercise on well surveys and tests, and 3 record of subsurface investigations and furnish copies to lessor by lessor of any other legal and equitable remedy. including waiver of the default. Any such when required. Lessee shall keep open at all reasonable times for inspection by any authorized remedy or waiver shall not prevent later cancellation for the same default occurring at any other officer of lessor. the leased preßÙses and aU wells, inlprovements, machinery, and fixtures thereon. time. Lessee shall be subject to applicable provisions and penalties ofFOGRMA (30 U.S.C. 1701). and ~I books. accounts. maps, and r~ords rel~tive to operations. surveys, or investigations Sec, 14, Heirs and successors-in-interest-Each obligation of this lease shall extend to and be on or m the leased lands, Lessee shall matntatn copIes of aU contracts. sales agreements, accounting binding upon. and every benefil hereof shall innre to the heirs. executors administrators records. and documentation such as billings. invoices. or similar documeniation that suppons !' successors. bene/iciaries. or assignees of the respective panies hereto.' . ;),r~HtJ " " See. I. Rentals-Rentals shall be paid to proper office of lessor in advance of each lease year. AMual rental rates per acre or fraction thereof are: (a) Noncompetitive lease, $1.50 for the first 5 years; thereafter $2,00; (b) Competitive lease, $1.50; for the first 5 years; there.,fter $200; (c) Other, see attachment. 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 leased resources, and the plan contains a provision for aUocation of production. royalties shall be paid on the production allocated to úus 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 aMual rental, if due. on or before the anniversary date of this lease (or next 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 Secretary upon a sufficient 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: ;,~"\~,;:h If;, ";i\ ~f'~~, ~" ¡i~,)1 ~~.~ 'J~ï, ~~. ¡¿\..i:'-\i\)'>.' ¡,...,;'. '''. ", ':r. -'-I-~44"" UNITED STATES DEPARTMENT OF THE INTERIOR , BUREAU OF LAND MANAGEMENT COMPETITIVE OIL AND GAS OR GEOTHERMAL RESOURCES LEASE BID 30 U.S.C. 181 at saq.; 30 U.S.C. 351-359; 30 U.S.C.1001-1025; 42 U.S.C. 6508 PARCEL NUMBER THE BID IS FOR (Check one): o Oil and Gas Parcel Number ;;Z 3 <a- o Geothennal Parcel Number Name of Known Geothennal Resource Area (KGRA) " I".L 1./ 0",1:1 000078 FORM APPROVED OMB NO. 1004-0074 Expires: September 30, 2006 State µ)ý Date of sale ¡Or;'-Ó0 AMOUNT OF BID See Instructions below TOTAL BID PAYMENT SUBMITTED WITH BID y~~ The appropriate regulations applicable to this bid are: (I) for oil and gas leases--43 CFR3120; (2) for NationalPetrolewn Reserve-Alaska (NPR-A) leases--43 CFR 3132; and (3) for Geot}¡ennal resources leases--43 CFR 3220. (See details concerning lease qualifications on reverse.) I CERTIFY THAT I have read and am in compliaµce with, and not in violation of,the lessee qualification requirements under the applicable regulations for this bid. I CERTIFY THAT this bid is not in yiolation 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 fonn, where the offer is the high bid, constitutes a binding lease offer, including all applicable tenns and conditions. Failure to comply with the applicable laws and regulations under which this bid is made shflll,.result in rejection of the bid and forfeiture of all ~onies sUbmitte~. / ,-7 . , . ill , // ,J) l~) i.. ft¡tJ nLoft L /1)\.1(; ·::;(.X,!¡ c t:'> LL C /~(n,-- ¡;;{. k~ Print or Type Name of Lessee Signature of Lessee or Bidder /-¡ ...-. f/ r) {<---- ,.., .c.; 7"'/" f C . . _......r...·. '" ~ Address of Lessee } , / \, { '1Æ? ft1...L , City ¡../6. State 6'UV:.-;,oS )Î Zip Code INSTRUCTIONS FOR OIL AND GAS BID (Except NPR-A) INSTRUCTIONS INSTRUCTIONS FOR GEOTHERMAL OR NPR-A Oil AND GAS BID 1. Separate bid for each parcel is required. IdentifY parcel by the parcel number assigned in the Notice of Competitive Lease Sale. 2. Bid must be accompanied by the 'national minimum acceptable bid, the first year's rental and the administrative fee. The remittance must be in the fonn specified in 43 CFR 3103.1-1. The remainder of the bonus bid, if any, must be submitted to the proper BLM office within 10 working days after the last day of the oral auction. Failure to submit the remainder of the bonus bid ,within 10 working days will result in rejection ofthe bid offer and foñeiture of all monies paid. 3. If bidder is not the sole party in interest in the lease for which the bid is submitted, all other parties in interest may be required to furnish evidence of their qualifications upon written request by the authorized officer. 4. This bid may be executed (signed) before the oral auction. If signed before the oral auction, this fonn 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 maybe either completed by the bidder or the Bureau of Land Management at the oral auction. 1. Separate bid for each parcel is required. Identify parcel by the number assigned to a tract. 2. Bid must be accompanied by one-flfthofthe total amount of bid. The remittance must be in the fonn speci~ed in 43 CFR 3220.4 for a Geothennal Resources bid and 3132.2 for a NPR·A lease bid. \ 3. Mark envelope Bid for GeotherI:1}!}I/Resources Lease in (Name Qf KGRA) or Bid for NPR-A Lease, as appropriate. Be sure correct parcel number of tract on which bid is submitted and date of bid opening are noted plainly on envelope. No bid may be modified or withdrawn unless such modification or withdrawal is received prior to time fixed for opening of bids. 4. Mail or deliver bid to the proper BLM office or place indicated in the Notice of Competitive Lease Sale. : ," ;n~ ~;~ .:.~ ~}~ 5. Ifbidder is not the sole party in interest in the l~'aSè for which bid is submitted, all other parties in interest may be required to furnish evidence o(th~ir,'qualificátions uponwtitter¡:~.eqiuest ,by:thj:/authorized ',officer." \,". ,.. -, <..' -j' ".~, Title 18 U~,S,£;.Sec,t.ïo,' n 100, I and Title 43 U.S.C. Section 1212 '!lake it a crime for any.pe.rs~n ~n~w!n¡¡ly and willfully to make to any department or agency 0" fthe United States any-"alse¡'{!CJlti~\Ys, nr f~udulent statements or representations as to any matter wlthm Its JUriSdiction. 00 00 ~ (I (Continued on page 2) 'Form 3000.2 (April 2004 ) OPTIONAL USE COpy ,0929113 QUALIFICATIONS 000079" For leases that may be issued as a result of this sale under the Mineral Leasing Act (The Act) of 1920; as amended, the oral bidder must: (I) Be a citizen of the United States; an association (including partnerships and trllsts) 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 reqt;irements wherein the bidder's interests, direct and indirect, in "oil and gas leases in the State identified do not exceed 246,080 acres each in public domain or acquired lands including acreage covered by this bid, of which not more than 200,000 acres are under options. If this bId is submitted for lands in Ahlska, the bidder's holdings in each of the Alaska leasing districts do not exceed 300,000 acres, ofwhi~h no more than 200,000 acres are under optiòns in each district; (3) Be incompliance with Federal coal lease holdings as provided in sec:2(a)(2)(A) of the Act; (4) Be incompliance with reclamation requirements for all Federal oil and gas holdings as required by sec;17 of the Act; (5) Not be in violation of sec. 41 of the Act; and (6) CertifY that all parties in interest in this bid are in compliance with 43 CFR Groups 3000 and 3100 and the leasing authorities cited herein. .. The Privacy Act of 1974 and the regulation in 43 CFR 2.48(d) provide that you be furnished the following information in connection with infonnation required by this bid for a Competitive Oil and Gas or Geothermal Resources Lease. AUTHORITY: 30 U.S.C. 18"1 et seq.; 30 U.S.C. 351-359; 30 U.S.C. 1001-1025; 42 U.S.C. 6508 PRINCIPAL PURPOSE: The infomlation is to be used 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: (1) Be a Citizen of the United States; an association of such citizens; a municipality; or a corporation organized under the laws of the United States or ofany State or Territory thereof; and (2) Be in compliance with' acreage limitation requirements,wherein the bidder's interests, direct and indirect, do not exceed 51,200 acres: and (3) CertifY that all parties in interest in this bid are in compliance with 43 CFR Group 3200 and the leasing authority cited herein. For leases that may be issued as a result ofthis sale under the Department of the Interior Appropriations Act of 1981, the bidder must: (1) Be a citizen or national of the, United States; an alien lawfully admitted for permanent residence; a private, public or municipal corporation organized under the laws of the United States or of any State or Territory thereof; an association .of such Citizens, nationals, resident aliens or private, public or muniCipal corporations, and (2) CertifY that all parties in interest in this bid are in compliance with 43 CFR Part 3130 and the leasing authorities cited herein. NOTICE ROUTINE USES: (1) The adjudication of the bidder's right to the resources for which this bid is made. (2) Documentation for public infonnation. (3) Transfer to appropriate Federal agencies when comment or concurrence is required prior to granting a right in public lands or resources. (4)(5) Infonnation from the record and/or the record will be transferred to appropriate Federal, State, local or foreign agencies, when relevant to civil, criminal or regulatory investigations or prosecu- tions. EFFECT OF NOT PROVIDING INFORMATION: Disclosure of the information is voluntary. If all the information is not provided, your bid may be rejected. The Paperwork Reduction Act of 1 ~9~ (44l.J,:S:C;.,3501 et'seq.) requires us to infonn y,0u that: This infonnation is being collected in accordance with 43 CFR 3120,43 CFR 3130, or 43 CFR 3220. This infonnation will be usedto detennine the biçlder s\jbmitting the highest bid, Response to this request)srequir~d to obtain a bcnefi~; . .'. . , " Of:' BLM would like you to know that you do not have to respond to this crany other Federal agency-sponsored information collection unless it displays a currently valid OMB control number. " BURDEN HOURS STATEMENT Public reporting burden for this fOITll is estimated to average 2 'hours per response including the time for reviewing instructions, gathering and maintaining data, and comp.Ll=tingandreviewing the form. Direct comments regarding the burden estimate or¡ any other aspect of this fonn to U.S. Department of the Interior, Bureau of Land Management, (1004-q074), Bureau Clearance, Officer(WO-630), 1620 L Street, Mail Stóp 401LS, Washington, D,C. 20036 1;- i.,... _.~ L y:\~"~:r' , -."¡,', ' ......' OOOO~~j " 6 I ~::. "I f{\ }. !~. 1 '.. .:::.:/ <: -. 't~, O~ZS113 000080 MULTIPLE MINERAL DEVELOPMENT STIPULATION Operations will not be approved which, in the opinion ofthe 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 .{':; ~ ~ ;".: :. ··_'''V./-' W' .._73635 Û~291'13 LEASE NOTICE NO.1 000081. Under Regulation 43 CFR 3101.1-2 and tenns of the lease (BLM Form 31 00-11), 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 fmal 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 belQw. 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. I. ,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, pemrittees, operators) that when one or more of the above conditions exist, surÎace disturbing activities will be prohibited unless or until the pemrittee or the designated representative and the surface management agency (SMA) arrive at an acceptable plan for mitigation of anticipated impacts. TIlls 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 intemrittent and ephemeral water sources or may be limited to pereIUÙal 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 sitelfree use pemrit. 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 Ü~ZS113 000082 LEASE NOTICE NO.2 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 Nationàl Historic Trails in Wyoming, which include the Oregon, California, Monnon Pioneer, and Pony Express Trails, as well as the Nez Perce Trail, were designated by Congress through the National Trails System Act (P.L. 90-543; 16 V.S.C. 1241-1251) as amended through P.L. 10.6-509 dated November 13,2000. Protection of the National Historic Trails is nonnally considered under the National Historic Preservation Act (P.L. 89-665; 16 V.S.C. 470 et seq.) as amended through 1992 and the National Trails System Act. Additionally, Executive Order 13195, "Trails for America in the 21st Century," signed January 18, 2001, states in Section 1: "Federal agencies will...protect, connect, promote, and assist trails of all types throughout the Vnited 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 conunented on by emigrants injoumals, letters and diaries, or any other feature contributing to the historic significance of the trails. Additional National Historic Trails will likely be designated amending the National Trails System Act. When these amendments occur, this notice will apply to those newly designated National Historic Trails as well. STRATEGY: The BLM will proceed in this objective by conducting a viewshed analysis on either side of the designated centerline of the National Historic Trails in Wyoming, except, at this time, for the Nez Perce Trail, for the purpose of identifYing and evaluating potential impacts to the trails, their associated historic landscapes, and their associated historic features. Subject to the viewshed analysis and archaeological inventory, reasonable mitigation measures may be applied. These may include, but are not limited to, modification of siting 'or design offacilities 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 \'.'ithin the leasehold. Surface disturbing activities will be analyzed in accordance with the National Environmental Policy Act of 1969 (P.L. 91- 190; 42 V.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 detennine if any design, siting, timing, or reclamation requirements are necessary. This strategy is necessary until the BLM detennines that, based on the results o(the completed viewshed analysis and archaeological inventory, the existing land use plans (Resource Management Plans) have to be amended. The use of this lease notice is a predecisional action, necessary until final decisions regarding surface disturbing restrictions are made. Final decisions regarding surface disturbing restrictions will take place with full public disclosure and public involvement over the next several years if BLM determines that it is necessary to amend existing land use plans. GUIDANCE: The intent of this notice is to infonn interested parties (potential lessees, permittees, operators) that when any oil and gas lease contains remnants of National Historic Trails, or is located within the viewshed of a National Historic Trails' designated centerline, surface disturbing activities will require the lessee, permittee, operator or, their designated representative, and the surface management agency (SMA) to arrive at an acceptable plan for mitigation of anticipated impacts. This negotiation will occur prior to development and become a condition for approval when authorizing the action. THIS NOTICE APPLIES TO ALL PARCELS W Y IAI ., ..,. 3 6 3 5 Û~Z9113 000083 SPECIAL LEASE STIPULATION 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 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. THIS STIPULATION APPLIES TO ALL PARCELS tfJ~<S1lJ 000084 WYW173635 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 Kenunerer Field Office GIS database; For the purpose of (reasons): (3) protecting nesting Sage Grouse. 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.) O~Z9113 000085 WYW173635 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) Feb 1 to Ju131; On the lands described below: (2) as mapped on the Kemmerer Field Office GIS database; For the purpose of (reasons): (3) protecting nesting Raptors. Any changes to this stipulation will be made in accordance with the land use plan and/or the regulatory provisions fot such changes. (For guidance on the use of the stipulation, see BLM Manual 1624 and 3101 or FS Manual 1950 and 2820.) Ü~~S113 000086 WYW173635 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.) W LJ ..... 7 3 6 3 5 O~29113 000087 NOTICE TO LESSEE Provisions of the Mineral Leasing Act (MLA) of 1920, as amended by the Federal Coal Leasing Amendments Act of 1976, affect an 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 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 tenns 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 and gas lease is subject to cancellation if: (1) the initial lessee as assignor or as transferor has falsely certified compliance with Section 2(a)(2)(A), or (2) because of a denial or disapproval by a State Office of a pending coal action, i.e., anns-Iength assignment, relinquishment, or logical mining unit, the initial lessee as assignor or as transferor is no longer in compliance with Section 2(a)(2)(A). The assignee, sublessee or transferee does not qualify as a bona fide purchaser and, thus, has no rights to bona fide purchaser protection in the event of cancellation ofthis lease due to noncompliance with Section 2(a)(2)(A). Infonnation regarding assignor, sublessor or transferor compliance with Section 2(a)(2)(A) is contained in the lease case file as well as in other Bureau of Land Management records available through the State Office issuing this lease.