Loading...
HomeMy WebLinkAbout933451 ,! UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT OFFER TO lEASE AND lEASE FOR Oil AND GAS Serial No. " . _. ¡ "., .. :;; ",I" r.':" ". . / ~.'" . . \vyvn 7,~g2:;' CibO 356 Ie) offers to lease all or any of the lands in Item 2 that are available for lease pursuant to the Mineral Lasing Act of 1920, as amended and supplemented (30 U.S.C. 181 et seq.), the MmeraJ Leasing Act for Acquired Lands of 1947, as amended (30 U.S.C. 331·339). the Anorney General's Opinion of April 2. 1941 (4(1 Op. Any. Gen. 41), or the READ INSTRUCTIONS BEFORE COMPIEI1NG 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 1. Name Street City. State, Zip Code (vŒATH LLC 22Ü 1 CABIN CT ŒLLE1TE, VifY 827J8 2. This application/offer/lease is for: (Check only One) ~ PUBLIC DOMAIN LANDS 0 ACQUIRED LANDS (percent U.S. interesl Surface managing agency if other than BLM: Unit/Project Legal description of land requested: ·Parcel No.: ·Sale Date (m/d/y):_/ _/ - .SEE ITEM 21N INSTRUCTIONS BELOW PRIOR TO COMPLETING PARCEL NUMBER AND SALE DATE. T. R. Meridian State County RECEIVED 9/26/2007 at 11 :02 AM RECEIVING # 933451 BOOK: 673 PAGE: 356 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY Amount remitted: Filing fee $ Total acres applied for Total $ Rental fee S DO NOT WRITE BELOW THIS LINE 3. Land included in lease: T. 01.40N R. I :;ÓÜ\V S~;ç. œ4 LOTS 1·12; 004 82; Meridian OÚÚl State 'WY County Lin,~;)J1i 02tJ ~E2".E2\'tl2; Total acres in lease ß46.g8{} Rental retained $ 20::W.5û This lease is issued granting the exclusive right to drill for, mine, extract, remove and dispose of all the oil and gas (exapt helium) in the lands described· in Item 3 together with the right 10 build and maintain necessary improvements thereupon for the term indicated below, subject to renewal or extension in accordance with the appropriate leasing authority. Rights granted are subject to applicable laws, the terms, 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. inconsislent with lease rights granted or specific provisions of this lease. NOTE: This lease Is lasued to the high bidder pursuant to hIs/ber duly executed bid or nomination fonn submItted under 43 CFR 3120 and Is subject to the provisions of that bid or nomination and those speclfted on this fonn. o Noncompetitive lease (ten years) SEP () 7 2001 Type and primary term of lease: o Other Sig ·ng fficer) (~\ .::....r: ßmn..~:h ofFhlÍ.d.Mineralßt\.diudi()ation (Title) . . EFFECTIVE DATE OF LEASE OCT 0 1 2007 (Date) O(Competitive lease (tcn years) (Continued on reverse) FOR LESSEE . . . __________ . ___________ . ____________________________ _._________________ ________ - _______________________ - ______ _____00______--- ____________________________________________ 4. (a) Undersigned certifies that (1) offeror is a citizen of the United St"tes; an associ"tioo of such citizeos; a mw]icipality; or a corporatioo organized under the laws of tl!e. IJi'iireð S¡.-itct· <?r'of any State or Tenitory thereof; (2) all parties holding an interest in tbe offer are in complianr.c with 43 CFR 3100 and the l_ing autborities; (3) offeror's charge1ilile interests, difeC(aÍid indirect; În each public domain and "cqwred lands scp¡lrately in the same State do not exceed 246,080 acres in oil and gas leases (of which up to 200,000 acres may be in oil and gas option..), or 300,000 acres in leases in each leasing District in AJaska of which up to 200,000 acres may be in options, (4) offeror is not considered a minor under the laws of the St.,te in wbicb the lands covered by this offer are located; (5) offeror is in compliance with qlmlifjcations concerning Federal coall"'lSe boldings provided in sec. 2(a)(2)(A) of the Mineral Le.1Sing Act; (6) offeror is in complianr.c with reclam"tion requirements for all Federal oil and gas Ic.1Se holdings as required by sec. 17(g) of the Mineral Le.1Sing Act; and (7) olIeror is not in violation of sec, 41 of the Act, (b) Undersigned agrees that signature to this olIer constitutes acceptance of this 1e.1Se, including all terms, conditions, and stipuiations of which offeror n.'\S been given notice, and any amendment or separate lease that may include any land described in this offer open to leasing at thc time this offer was filed but omitted for any reason from this lease. n,e offeror further agrees that this olIer cannot be withdrawn, either in whole or in part, ulÙess the withdraw,,¡ is received by the proper BLM St.,te Office before tllis lcase, "n amendment to this ¡",'\Sc, or a sep",,,te 1"''1Se, whichever covers the land described in the withdrawal, has been signed on behalf of the United States. ThIs olrer wID be .rejccted and will afford olferor no priority if it is not properly completed and executed in accordance with the regulations, or if it Is not accompanied by the required IIIymeDts. 18 U.S.C. Sec. 10tll makes It a crime for any person knowingly and willfuUy to make to any Department or agency of tbe United States any folse, ftctltlous or fraudulent statements or repraentatlons as to any maUer within Its jurisdiction. Duly executed this ¢ ~ ø, day of ;&:::./4..ø LEASE TERMS Sec. 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; thereafter $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 conunitted to an approved cooperative or unit plan which includes a well ""pable of producing leased resources, and the plan contains a provision for allocation of production, royalties shaII be paid on the production allocated to this lease. However. aMuaI 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 aMuaI 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. Sec. 2. Royalties-Royalties shall be paid to proper office of lessor. Royalties shall be computed in accordance with regulations on production removed or sold. Royally rates are: (a) Noncompetilive lease, 12 'h %; (b) Competitive lease. 12'h %: (c) Other, see attachment; or as specified in regulations at the time this lease is issued. Lessor reserves the right to specifY whether royally is to be paid in value or in kind. and the righl to establish reasonable minimum values on products after giving lessee notice and an opportunily 10 be heard. When paid in value. royalties shall be due and payable on the last day of the month following the month in which production occurred. When paid in kind, production shaII be delivered, unless otherwise agreed to 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 royally oil or other products in storage from causes beyond the reasonable control of lessee. Minimwn royalty in lieu of rental of not less than the rental which otherwise would be required for that lease year shall be payable at the end of each leàse year beginning on or after a discovery in paying quantities. This minimum royalty may be waived, suspended, or reduced, and the ahove royalty rates may be reduced, for all or portions of this lease if the Secretary detennines that such action is necessary to encourage the greatest ultimate recovery of the leased resources, or is otherwise justified. An interest charge shall be assessed on late royally payments or underpayments in accordance with the Federal Oil and Gas Royally Management Act of 1982 (FOGRMA) (30 U.S.c. 1701). Lessee shall be liable for royally 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 authorily. Sec. 3. Bonds-A bond shall be ftled and maintained for lease operations as required under regulations . Sec. 4. Diligence, rate of development, unitization, and drainage-Lessee shall 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 leased lands from drainage or pay compensatory royally for drainage in amount detennined by lessor. Sec. 5. Documents, evidence, and inspection-Lessee shall ftle with proper office of lessor, not later than 30 days after effective date thereof, any conlract or evidence of other arrangement for sale or disposal of production. At such ûmcs and in such fonn as lessor may prescribe, lessee shall furnish detailed statements showing amounts and qualily of all products removed and sold, proceeds therefrom, and amount used for production purposes or unavoidably lost. Lessee may be required to provide plats and schematic diagrams showing development work and improvements. and reports with respect to panies in interest, expenditures. and depreciation costs. In the fonn prescribed by lessor, lessee shall keep a daily drilling record, a log, infonnation on well surveys and tests, and 3 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 oflcssor,the leased premises and all wells, improvements. machinery. and fixtures thereon. and all books, accounts, maps. and records relative to operalions. surveys, 0'· investigations on or in the leased lands. Lessee shall maintain copies ofall contracts, sales agreements. accounting "CCords, and documentation such as billings, invoices. or similar documentation tllat supports ,y~4t{d!I,p~7;f:~~ ty!c~~~ (Signature 9 isee or A¡tý ey-in-fact) costs claim~.d as manufacturing, preparation, and/or transportation costs. AJI 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 arc generated or, ifan audit or investigation is underway, until released of the obligation to maintain such records by lessor. During existence of this lease, infornlation obtained under this section shall be closed to inspection by the public in accordance with the Freedom of Infonnation Act (5 U,S.C. 552). Sec. 6. Conduct of operations-Lessee shall conduct operations in a manner that minimizes adverse impacts to the land, air. and water, to cultural, biological, visual, and other resources, and to other land uses or users. Lessee shall take reasonable measures deemed necessary by lessor to accomplish the intent of this section. To the extent consistent with lease rights granted, such measures may include, but arc not limited to, modification to siting or design of facilities, timing of operations, and specification of interim and final reclamation measures. Lessor reserves the right to continue existing uses and to authorize future uses upon or in the leased lands. including the approval of easements or rights-of-way. Such uses shall be conditioned so as to prevent unnecessary or unreasonable interference with rights of lessee. Prior to disturbing the surface of the leased lands, lessee shall contact lessor to be apprised of procedures to be followed and modifications or reclamation measures that may be necessary. Areas to be disturbed may require inventories or special studies to detennine the extent of impacts to 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 unanticipaled environmental effects are observed, lessee shalJ inunediately contact lessor. Lessee shall cease any operations that would result in the destruction of such species or objects. Sec. 7. Mining operations-To the extent that impacts from mining operations would be substantially different Or greater than those associated with 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 heliwn from gas production in a manner s >"..cified 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 opportunily-Lessee shall: pay when due all taxes legally assessed and levied under laws of the State or the United States; accord all employees complete freedom of purchase; pay all wages at least twice each month in lawful money of the United Stares; maintain a safe working environment in accordance with standard industry practices; and take measures necessary to protect the health and safely of the public. Lessor reserves the right to ensure that production is sold at reasonable prices and to prevent monopoly. If lessee operates a pipeline, or Owns controlling interest in a pipeline or a company operating a pipeline. which may be operated accessible to oil derived from these leased lands, lessee shall comply with section 28 of the Mineral Leasing Act of 1920. Lessee shall comply with Executive Order No. 11246 of September 24, 1965, as amended, and regulations and relevant orders of the Secretary of Labor issued pursuant thereto. Neither lessee nor lessee's sUbcontractors shall maintain segregated facilities. Sec. II. Transfer of lease interests and relinquishment of lease-As required by regulations, lessee shall fùe with lessor any assignment or other transfer of an interest in this lease. Lessee may relinquish this lease or any legal subdivision by ftling in the proper office a written relinquishment, which shaH be effective as of the date of fùing. subject to the continued obligation of the lessee and surely to pay all accrued rentals and royalties. Sec. 12. Delivery of premises-At such time as all or portions of this lease arc returned to lessor, lessee shall place affected wells in condition for suspension or abandonment, reclaim the land as specified by lessor and, within a reasonable period of time, remove equipment and improvements not deemed necessary by lessor for preservation of producible wells. Sec. 13. Proceedings in case of default-If lessee fails to comply with any provisions of this lease, and the noncompliancc continues for 30 days after written notice thereof. this lease shall be subject to cancellation unless or until the leasehold contains a well capable of production of oil or gas in paying quantities, or the lease is conunitted to an approved cooperative or unit plan or communitization agreement which contains a well capable of production of unitized substances in paying quantities. This provision shall not be construed to prevent the exercise by lessor of any other legal and equitable remedy. including waiver of the default. Any such remedy or waiver shall not prevent later cancellation for the same default occurring at any other time. Lessee shall be subject to applicable provisions and penalties of FOGRMA (30 U,S.C. 1701). Sec. 14. Heirs and successors-in· interest-Each obligation of this lease shall extend to and be binding upon, and every benefit hereof shall innre to the heirs, executors, administrators, successors, beneficiaries, or a,ssignees of the respective panics hereto, ;.... "; ..-r ~" ...;"; .. '" .~: .;~.~- ~".:' 000157 FQrr&il6ÓO-2 , '(Jâi1uar,Y 2007) uNITED STATES 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 000358 ï: y 1.1 " 7 :.4, ts ~ , FÖRM APPROVED OMB NO. 1004-0074, Expires: December 31, 2009 i .iI ..1' TOTAL BID /. / t/ . .1·· ¡ (~.'/k/ / Date of Sale A'? .X/ /~ ~ £.-' AMOUNT OF BID (see instructions below) PAYMENT SUBMITIED WITH BID V" State /J J (.,.// , PARCEL NUMBER TliE BID IS FOR (check one): ~Oil and Gas Parcel Number·' . / ;¡;y' '~~ DGeothennal Parcel Number Name of Known Geothennal Resource Area (KGRA) The appropriate regulations applicable 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 Geothennal resources leases--43 CFR 3220. (See details concerning lease qualifications on next page.) ,:~ I CERTIFY THAT I have read and am in compliance with; and not in violation of the lessee qualification requirements under the applidtlle regulations for this bid. . I CERTIFY THAT this bid is not in violation of 18 U.S.C. 1860 which prohibits unlawful combination or intimidation of bidders. I further certify that this bid was arrived at independently and is tendered without collusion with any other bidder for the purpose of restricting competition. ,I-",t" IMPORTANT NOTICE: Execution of this fonn where the offer is the high bid, constitutes aj>jp,di.!1g lease ~ff~rÆ'ncluding"all applicable tenns and ~~n~~~~~:'s~~::e~ comply )Y~t.,?JI,Pli:;9Ie/~~~_¿'regUlations under which ~~~)id'ís m:~~t~,:~Mn rej;~ptî of the bid and forfeiture of ~- ."-'\::~~ ¿~~ ~'~ r,r {..1'~;-¡;:(' ~~/. ,//'~ ~,;..~..~'_~,~--,,'~:,? ,¿I.';.... ....;:.1.. ~...,..",'> "þ- \~""'''''ro. ....... ~:f¢;. .f/'{ f- ""iit~~-·.Jr:r~. .( ,,¡fT". .. ,.. --. "~"","'~"f"~". Ii .' ~ ".:~. __..; It. ,,"% ,.."." " , Pßrít or Txpe Name_Qf-l:;~ss e· ¡ ",/ .';?" -i" 'Sjghature ofLes~eé'or Bidder ';""'!"";'.-r-j-'/;/. /,:. (~ [// /" ('''"'~'''~_~'_-~,-" i,// ",,/r..-, . // (~,_. ,<_' / /" ,( ~ "-.4,dres 7: >j>:>;?fc'~:l;'> ~i;;? .dP'. /2'~J..,':~;,i / ."..,/ i ¿,,/;/j?,;}r:· (/~~, Y "~·--fi·ý: f,./ City" .- ,~, . .... Slate Zip INSTRUCTIONS FOR OIL AND GAS BID . (Except NPR-A) I. Separate bid for each parcel is required. Identify parcel by the parcel number assigned in the Notice of Competitive Lease Sa/e. 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 Bureau of Land Management (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 of the bid offer and foñeiture of all monies paid. 3. If the 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 writterìrequest by the BLM. 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); the bidder may wish to leave the AMOUNT OF BID section blank so that final bid amount may be either completed by the bidder or the BLM at the oral auction. INSTRUCTIONS INSTRUCTIONS FOR GEOTHERMAL OR NPR-A OIL AND GAS BID I. Separate bid for each parcel is required. Identity the parcel by the number assigned to a tract. 2. Bid must be accompanied by one-fifth of the total amount of the bid. The remittance must be in the fonn specified in 43 CFR 3220.4 for a Geothennal Resources bid and 3132.2 for a NPR-A lease bid. 3.. Mark the envelope "Bid for Geolhennal Resources Lease" in (Name of KGRA) or '.'Bid for NPR~A Lease," as appropriate. Be sure correct parcel number of tract on which the bid is submitted and date of bid opening are noted plaÌ11ly on envelope. No bid may be modified or withdrawn unless.suèh 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. -""'~) ,'I 5,I~1h.. ê bid. der is not the S.ole Par!Y. )n.·.' in.teres,t., in the lease for which , bW·is submitted,ßI otl¡er parties' in interest may be required to ¡,/Í1qíis~.~videnc,6dfthel~qua!.j~S!\Ìioq~/µpóhWíitten request by the / BLM. ¡) - '. / . Tille 18 V.S.C. Seclion 1001 and Title 43 V.S.C. Section 1212 make it a crime for any person knowingly and willfully to make 10 any departmenl or agency of the Vniled States an false, fictitious or fraudulent statemenls or re resenlations as to an matter within its ·urisdiction. (Continued on page 2) OPTIONAL USE COpy ,j ùO(¡~59 QUALIFICATIONS For leases that may be issued as a result of this sale under the Mineral Leasing Act (The Act) of 1920; as amended, the oral bidder must: (1) Be a citizen of the United States; an association (including 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 requirements wherein the bidder's interests, direct and indirect, in oil and gas leases in the State identified do not exceed 246,080 acres each in public domain or acquired lands including acreage covered by this bid, of which not more than 200,000 acres are under options. If this bid is submitted for lands in Alaska, the bidder's holdings in each of the Alaska leasing districts do not exceed 300,000 acres, of which no more than 200,000 acres are under options in each district; (3) Be in compliance with Federal coal lease holdings as provided in sec. 2(a)(2)(A) of the Act; (4) Be in compliance with reclamation requirements for all Federal oil and gas holdings as required by sec. 17 of the Act; (5) 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. For leases that may be issued as a result of this sale under the Geothermal Steam Act of t 970, 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 of any State or Territory thereof; and (2) Be in compliance with acreage limitation requirements wherein the bidder's interests, direct and indirect, do not exceed 51,200 acres, and (3) Certify that all parties in interest in this bid are in compliance with 43 CFR Group 3200 and the leasing authority cited herein. For leases that may be issued as a result of this sale under the Department of the Interior Appropriations Act of 1981, the bidder must: (1) Be a citizen or national of the United States; an alien lawfully admitted for pemmnent residence; a private, public OJ' 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. NOTICES 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 information required by this bid for a Competitive Oil and Gas or Geothermal Resources Lease, AUTHORITY: 30 U.S.c. 181 et seq.; 30 U.S.c. 351-359; 30 U.S.c. 1001-1025; 42 U.S.C. 6508 PRINCIP AL PURPOSE: The information is to be used to process your bid. ROUTINE USES: (1) The adjudication of the bidder's right to the resources for which this bid is made. (2) Documentation for public information. (3) Transfer to appropriate Federal agencies when comment or concurrence is required prior to granting a right in public lands or resources. (4)(5) Information from the record and/or the record will be transferred to appropriate Federal, State, local or foreign agencies, when relevant to civil, criminal or regulatory investigations or prosecutions, 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 1995 (44 U.S.c. 3501 et seq.) requires us to inform you that: This information is being collected in accordance with 43 CFR 3120, 43 CFR 3130, or 43 CFR 3220. The BLM collects this information to determine the bidder submitting the highest bid. Response to this request is required to obtain a benefit. The BLM would like you to know that you do not have to respond to this or any other Federal agency-sponsored information collection unless it displays a currently valid OMB control number. BURDEN HOURS STATEMENT: Public reporting burden for this form is estimated to average 10 minutes per response including the time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments regarding the burden estimate or any other aspect of this form to U.S. Department of the Interior, Bureau of Land Management (1004-0074), Bureau Information Collection Clearance Officer (WO-630), 1849 C Street, N.W., Mail Stop 401 LS,Washington, D.C. 20240, (Form 3000-2, page 2) ~. ',' -,- ,...", " ,."j. ~: f::-:~J \-'-:i ·....l .~- l1li J W.LI LJO¿j 000360 MULTIPLE MINERAL DEVELOPMENT STIPULATION Operations will not be approved which, in the opinion of the authorized officer, would unreasonably interfere with the orderly development and/or production from a valid existing mineral lease issued prior to this one for the same lands. THIS STIPULATION APPLIES TO ALL PARCELS , ~. ''II' LEASE NOTICE NO.1 000361. Under Regulation 43 CFR 3101.1-2 and tenns 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 wiU 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, powerlines). 5. Within 1/4 mile of occupied dwellings. 6. Material sites. GUIDANCE: The intent of this notice is to inform interested parties (potential lessees, permittees, operators) that when one or more of the above conditions exist, surface disturbing activities will be prohibited unless or until the permittee or the designated representative and the surface management agency (SMA) arrive at an acceptable plan for mitigation of anticipated impacts. This negotiation will occur prior to development and become a condition for approval when authorizing the action. Specific threshold criteria (e.g., 500 feet from water) have been established based upon the best information available. However, geographical areas and time periods of concern must be delineated at the field level (i.e., "surface water and/or riparian areas" may include both intermittent and ephemeral water sources or may be limited to perennial surface water). The referenced oil and gas leases on these lands are hereby made subject to the stipulation 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 conunenced, 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 WYn_'4823 LEASE NOTICE NO.2 BACKGROUND: 000362 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 well as the Nez Perce Trail, were designated by Congress through the National Trails System Act (P.L. 90-543; 16 U.S.C. 1241-1251) as amended through P.L. 106-509 dated November 13, 2000. Protection of the National Historic Trails is nonnally considered under the National Historic Preservation Act (P.L. 89-665; 16 U.S.C. 470 et seq.) as amended through 1992 and the National Trails System Act. Additionally, Executive Order 13195, "Trails for America in the 21s1 Century," signed January 18, 2001, states in Section 1: "Federal agencies wil1...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 fiequentIy commented on by emigrants in journals, letters and diaries, or any other feature contributing to the historic significance ofthe trails. Additional National Historic Trails wi111ikely be designated amending the National Trails System Act. When these amendments occur, this notice will apply to those newly designated National Historic Trails as well. STRATEGY: The BLM will proceed in this objective by conducting a viewshed analysis on either side of the designated centerline of the National Historic Trails in Wyoming, except, at this time, for the Nez Perce Trail, for the purpose of identifying and evaluating potential impacts to the trails, their associated historic landscapes, and their associated historic features. Subject to the viewshed analysis and archaeological inventory, reasonable mitigation measures may be applied. These may include, but are not limited to, modification of siting or design of facilities to camouflage or otherwise hide the proposed operations within the viewshed. Additionally, specification of interim and final reclamation measures may require relocating the proposed operations within the leasehold. Surface disturbing activities will be analyzed in accordance with the National Environmental Policy Act of 1969 (P.L. 91- 190; 42 U.S.C. 4321-4347) as amended through P.L. 94-52, July 3, 1975 and P.L. 94-83, August 9, 1975, and 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 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 .'''.L/'+O~:> SPECIAL LEASE STIPULATION 000363 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 TIMING LIMITATION STIPULATIONS - TLS No suñace 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 JullS; On the lands described below: (2) as mapped on the Kemmerer Field Office GIS database; For the purpose of (reasons): (3) protecting nesting Sage Grouse. 000364 WYW174823 Any changes to this stipulation will be made in accorda ce with the land use plan and/or the regulatory provisions for such changes. (For guidance on the use f the stipulation, see BLM Manual 1624 and 3101 or FS Manual 1950 and 2820.) 000365 WYW174823 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) May I to Jun 30; On the lands described below: (2) as mapped on the Kemmerer Field Office GIS database; For the purpose of (reasons): (3) protecting big game during parturition. 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.) 000366 WYW174823 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) Nov 15 to Apr 30; On the lands described below: (2) as mapped on the Kemmerer Field Office GIS database; For the purpose of (reasons): (3) protecting big game on crucial winter range. 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.) 000367 WYW174823 CONTROLLED SURFACE USE STIPULATION - CSU Surface occupancy or use is subject to t4e following special operating constraints. (1) Surface occupancy or use 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 Class I and II Visual Resource Management Areas. Any changes to this stipulation will be made in accordance with the land use plan and/or the regulatory provisions for such changes. (For guidance on the use of the stipulation, see BLM Manual 1624 and 3101 or FS Manual 195Q and 2820.) 000368 WYW174823 CONTROLLED SURFACE USE STIPULATION - CSU Surface occupancy or use is subject to the following special operating constraints. (1) Surface occupancy or use within crucial big game winter range will be restricted or prohibited unless the operator and surface managing agency arrive at an acceptable plan for mitigation of anticipated impacts. This plan may include development, operations, as well as the number, location, and maintenance of facilities; On the lands described below: (2) as mapped on the Kemmerer Field Office GIS database; For the purpose of: (3) limiting winter access, protecting habitat quality, and preventing the loss of crucial big game winter range. 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.) ·...... . - ... "", ATTACHMENT TO EACH LEASE 000369 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 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 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., arms-length 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 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 well as in other Bureau of Land Management records available through the State Office issuing this lease.