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HomeMy WebLinkAbout939942 (October 1992) DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT OFFER TO LEASE AND LEASE FOR OIL AND GAS , ..' t.. i-~'O0870 ~'H' '\T' 7"'1 '7. \.;' . .v 1 '\ 1 .), Ó The undersigned (revase) offers to lease all or any of the lands in Item 2 that are available for lease pursuant to the Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.c. 181 et seq,), the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U,S,c. 351,359), the Anorney General's Opinion of April 2, 1941 (40 Op, Any. Gen. 41), or the READ I NSTRUCIlONS BEFORE COMPlEI1NG Future rental payments must be made on or before tbe auni versary date to: Mwerals Management Service Royalty Management Program P.O, Box 5640 Denver, CO 80217 I, Name Street City, State, Zip Code FfIZ:-JfM.,MOl\l1:; LL(' 2201 CABIN COURT (VJLLETTE, V'IV 827!R'):!44 o ACQUIRED LANDS (percent U,S. interest Unit/Project 2. This application/offer/lease is for: (Check only One))p PUBLIC DOMAIN LANDS Surface managing agency if other than BLM: Legal description of land requested: ·Parcel No.: ·SIŒ ITEM 2 IN INSTRUCTIONS BEWW PRIOR TO COMPLETING PARCEL NUMBER AND SALE DATE. ·Sale Date (m/d/y):_/ _ / _ T, R. Meridian State County RECEIVED 6/20/2008 at 10:52 AM RECEIVING # 939942 BOOK: 697 PAGE: 870 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Total acres applied for Total S Amount remitted: Filing fee S Rental fee S DO NOT WRITE BELOW THIS LINE 3, Land included in lease: T, 01. JON R·¡WOW Meridian (!'~,!h State "NY County Liw::oln Se<:; 013 N2~SYtl; 014 ALL; 015 ALL; (WI E2; Total acres in lea~~OgO ono Rental retained S'{ I ';(1 m\ This lease is issued granting the exclusive right to drill for, mine. extract, remove and dispose of all the oil and gas (except helium) 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 fonnal 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 to the high bidder pursuant to his/her duly executed bid or nomination fonn submitted under 43 CFR 3120 and Is subject to the provisions of that bid or nomination and those speclOed on this fonn. o Other :HE UNOT1f;:;::Ø~ (Signing Officer) i j Ch',,', Ik",,'¡' ,,"1'h", 'f(~::I' Ad:J'Ö'ItO ·l"':ff:o/J ~J.) 2O!lL EFFECTIVE DATE OF LEASE Type and primary tenn of lease: o Noncompetitive lease (ten years) ':-.0 Competitive lease (ten years) (Continued on reverse) ..-- -----.".- --...... ------. ._----.~-----------------------------_.-------------------.-----.----------------------------------------------.-------------------.-.--------.----------------------------------------------------.------------------------------ State or Temtory thereof: (2) all p<,rties holdIng an Interest In the o(fer arc In compliance with 43 CFR 3100 and UJe leasIng aUUJOríties; (3) offerm's chargeable interests. direct and indIrect, in each publíc domain and a ; sep<1rately In the same State do not exceed 246,080 aen I gas lease:; (of which up to 200,000 acres may be in oil ms), or 300,000 aCrl"s in leases in each 1e.,'lSioi; 1-'."U.....L IIJ Alaska o[which up to 200,000 acres may be in options, (..J-) ~'¡¡7¡": ¡,", not considered a minor lUlder the laws of tbø St.'\te in whicu UK JiLm!',; covered by this offer arc i"""ted; (5) offeror is in compliance wIth qualífications concerning Federal coal I «1se boldIngs provided in sec. 2{aX2)(A) of the Mineral Leasing Act; (6) offeror is in cO,mpliance with reclan",tion requirements for all Federal oil and gas lease holdings as required by sec, l1(g) of the Mineral Leasing Act; and (7) offeror is not in violatiOlYó\ ~~. JI~ of,ib,e A¡tt.' , . \ (b) Undersigned agrees th.,t signature to this offel' constitutes acceptance of this le.1Se, including all terms, conditions, and stipulations of w~ibli MCerof..h.1S' beeo given notice, and any amendment or separate le.'lSe that may include any land described in this offer open to 1e.1Sing at tb~ time tbis offer was filed but omitted for any reason from tbis lease. 11tl\Pffer~r further.'~réeS~a~ t~s offer cannot be withdrawn, either in wbole or in part, unless the withdrawal is received by the proper ELM State Office before this lease, an amendment to this lease¡YdII .t~.paratíde.1Se, wbichevè~ covers the land described in the withdrawal, bas been signed On behalf of the United Sk,tcs. TbJs offer will be .rejected and will afford offeror no priority if it is not properly completed and executed in accordance with tbe regulatiollS, or if It is not accompanied by the required payments. 18 U.S.c. Sec. l00llÌ1akes It a crime for any person knowingly and willfully to mute to any Department or agency of tbe UlÙted SÚltes any fRlse, 6ctit~ or fraudulent statements or represenÚltions lIS to any matter witbin its jurisdiction. Duly executed this LEASE TERMS day of Sec, I. Rentals-Rentals shall be paid to proper office of lessor in advance of each lease year. Annual rental rates per acre or fraction thereof are: (a) Noncompetitive lease. $1.50 for the first 5 years; Ulcreafter $2.00; (b) Competitive lease, $1.5U; for the first 5 years; therenfteL' $20U; (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 allocation of production, royalties shall be paid on the production allocated to this lease, However, annual rentals shall continue to be due at the rate specified in (a), (b), or (c) for those lands not within a participating area. Failure to pay annual rental, if due, on or before the anniversary date of this lease (or next official working day if office is closed) shall automatically teOllinate UJis 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, Royalty rates are: (a) Noncompetitive lease, 12'h%; (b) Competitive lease, 12'Iz %; (c) Other, see attachment; or as specified in regulations at the time this lease is issued, Lessor reserves the right to specify whether royalty is to be paid in value or in kind, and Ule right to establish reasonable minimum values on products after giving lessee notice and an opportunity to be heard, When paid in value, royalties shall be due and payable on the last day of the month following the month in which production occurred. When paid in kind, production shall be delivered, unless otherwise agreed to by lessor, in merchantable condition on the premises where produced without cost to lessor. Lessee shall not be required to hold such production in storage beyond the last day of the month following the month in which production occurred, nor shall lessee be held liable for loss or destruction of royalty oil or other products in storage from causeS beyond the reasonable control of lessee, Minimum royalty in lieu ofrental of not less than the rental which otherwise would be required for that lease year shall be payable at the end of each lease year beginning on or after a discovery in paying quantities, This minimum royalty may be waived, suspended, or reduced, and the above royalty rates may be reduced, for all or portions of this lease if the Secretary determines that such aclion is necessary to encourage the greatest ultimate recovery of the leased resources, or is otherwise justified. An interest charge shall be assessed on late royalty payments or underpayments in accordance with the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) (30 U.S.c. 1701). Lessee shall be liable for royalty payments on oil and gas lost or wasted from a lease site when such loss or waste is due to negligence on the part of the operator, or due to the failure 10 comply with any rule, regulation, order, or citation issued under FOGRMA or the leasing authority. Sec, 3. Bonds-A bond shall be med and maintained for lease operations as required under regulations. Sec. 4. Diligence, rate of development, u tization, and drainage-Lessee shall exercise reasonable diligence in developing and producing, nd shall prevent unnecessary damage to, loss of. or waste of leased resources, Lessor reserv s right to specify rates of development and production in the public interest and to require les to subscribe to a cooperative or unit plan, within 30 days of notice, if deemed necessary for I' oper development and operation of area, field, or pool embracing these leased lands. Lessee s I drill and produce wells necessary to protect leased lands from drainage or pay compensato royalty for drainage in amount deteOllined by lessor. Sec. 5. Documents, evidence, and ins tion-Lessee shall me with proper office of lessor, not later than 30 days after effective date ereof, any contract or evidence of other arrangement for sale or disposal of pfOlluction, At suc times and in such fonn as lessor may prescribe, lessee shall furnish detailed statements showing ounts and quality of all products removed and sold, proceeds therefrom, and amount used fo production purposes or unavoidably lost. Lessce may be required to provide plats and sc ematic diagrams showing development work and improvements, and reports with respect to parties in interest, expenditures, and depreciation costs. In the fonn prescribed by lessor, les shall keep a daily drilling record, a log, infonnation on well surveys and tests, and 3 record 0 subsurface investigations and furnish copies to lessor when required, Lessee shall keep open a all reasonable times for inspection by any authorized officer oflessor, the leased premises and aI wells, improvements, machinery. and fixtures thereon, ond all books, accounts, maps, and rec rds relative to operations, surveys, or investigations on or in the leased lands, Lessee shall main . copies of all contracts, sales agreements. accounting records, and documentation such as billi gs, invoices, or similar documentation Ulat supports , 19 ., (Signature of Lessee or Attorney-in-fact) 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 yo",rs after they are generated or, if an audit or investigation is underway, until released of the obligation to maintain such records by lessor. During existence of this lease, information obtained under this section shall be closed to inspection by the public in accordance with the Freedom of InfoOllation Act (5 U.S.c. 552). Sec. 6. Conduct of operations-Lessee shall conduct operations in a manner that minimizes adverse impacts to ule 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 10 accomplish Ule intent of this section. To the extent consistent with lease rights granted, such measures may include, but art not limited to, modification to siting or design of facililies, 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 conmct less.or to be apprised of procedures to be followed and modifications or reclamation measures that triay b6 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 short leOll 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 enviroIlJllental effects are observed, lessee shall immediately 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 helium from gas production in a manner sp::cified and by means provided by lessor at no expense or loss to lessee or owncr 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'simprovemeuts, and shall save and hold lessor hannJess from all claims for damage or harm to persons or property as a result of lease operations, See. 10. Protection of diverse interests and equal opportunity-Lessee shall: pay when due all taxes legally assessed and levied under laws of the State or the United States; accord all employees complele freedom of purchase; pay all wages at least twice each month in lawful money of the United Stales; maintain a safe working environment in accordance with standard industry praclices; and take measures necessary to protect the health and safety of the public. Lessor reserves the right to ensure that production is sold at reasonable prices and to prevent monopoly. If lessee operates a pipeline, or owns controlling interest in a pipeline or a company operating a pipeline, which may be operated accessible to oil derived from these leased lands, lessee shall comply with section 28 of the Mineral Leasing Act of 1920. Lessee shall comply with Executive Order No, 11246 of September 24, 1965, as amended, and regulations and relevant orders of the Secretary of Labor issued pursuant thereto, Neither lessee nor lessee's subcontractors shall maintain segregated facilities. SiX. II. Transfer of lease interests and relinquishment of lease-As required by regulations, lessee shall rue with lessor any assigIlJllent or other transfer of an interest in this lease, Lessee may relinquish this lease or any legal subdivision by ruing in the proper office a written relinquishment, which shall be effective as of the date of ruing, subject to Ule continued obligation of the lessee and surety to pay all accrued rentals and royalties, Sec. 12. Delivery of premises-At such time as all or portions of this lease are returned to lessor, lessee shall place affected wells in condition for suspension or abandoIlJllent, 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 noncompliance 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 committed to an approved cooperative or unit plan or conmlUnitization agreement which contains a well capable of production of unitized substances in paying quantities. This provision shall not be cunstrued 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), See. 14. Heirs and sLlccessors-In-interest-Each obligation of this lcase shall extend to,and be binding upon, and every benefit hereof shall inure to the heirs. execuiors, adminisírl.tors, successors, beneficiaries. or assignees of the respective parties hereto. ... C 0087~'P " ...;:- <~) U 1~ 1 j CU ;:, j J-\ 1 C;:' í,) 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 PARCEL NUMBER THE BID IS FOR (Check one): o Oil and Gas Parcel Number / F'z- . 0- Geothennal Parcel Number Name of Known GeothennaI Resource Area (KGRA) FORM APPROVED OMB NO. 1004-0074 "0 " 2 Expires: September 30, 2006\..,· U87' State Date of sale /¿)-2-01 AMOUNT OF BID (See Instructions below) PA YMENT SUBMITTED WITH BID TOTAL BID 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 GeothennaI resources leases--43 CFR 3220. (See details concerning lease qualifications on reverse.) 1 CERTIFY THAT I have read and am in compliance with, and not in violation of, the lessee qualification requirements under the applicable regulations for this bid. 1 CERTIFY THAT this bid is not in violation of 18 U.S,C. 1860 which prohibits unlawful combination or intimidation of bidders. 1 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 applicabletenns and conditions. Failure to comply with the applicable laws and regulations under which this bid is made shal!Æésult in jeÎ:tignbfthe bid III}dfórfeiture of all monies submitted. _ / -' --/'" /" <--.-// . .' ' ..- " . I / ( /." ( Þ...r ¡7 kJ> 1f111lt.7¡;¿;; ,¿I C. ( ,/ // V .' '.., ;.'l Print orT~e þlame of Lessee'.: '. './ .;/ ~see or Bidder ~l cl f I ( /. I. . /,/'", I /;/ ,<-d I' / âlJl/ (/) (t/ (;.Þ/ I /. i Address of Lessee I 1/ " ()/ //,iJl/p [Aj(/ City State /;' ,'-'. /.) 5J/j/;))' Zip Code INSTRUCTIONS FOR OIL AND GAS BID (Except NPR-A) INSTRUCTIONS _, .-;,...., ~;.1': INSTRUCTIONS FOR GEOTHERMAL.OR'f:' " ,. NPR·A OIL AND GAS BIQ ,t." 1. Separate bid for each parcel is required. Identity 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, ifany, must be submitted to the proper BLM office within 10 working days after the last day of the oral auction. Failure to submit the remainder of the bonus bid within 10 working days will result in rejection oftbe bid offer and forfeiture 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 fonncannot be modified without being executed again. 5. In view of the above requirement (4), bidder may wish to leave, AMOUNT OF BID section blank so that final bid amount may be either completed by the bidder úrthe 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-fifth of the total amount of 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 envelope Bid for Geothennal 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 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. 5. Ifbidder is not the sole party in interest in the lease for which bid is submitted, all other parties in interest may be required to furnish evidence of their qualifications upon written request by the authorized officer. Title 18 U.S.C. Section 1001 and Title 43 U,S.C. Section 1212 make it a crime for any person knowingly and willfully tomaketo any d~partment or agency of the United States any false, fictitious, or fraudulent statements or representations as to any matter within its jurisdictIOn., ":.' . . --.. (Continued on page 2) OPTiONAL USE COpy Fonn 3000-2 (April 2004 ) QUALIFICATIONS C00873 For leases that may be issued as a result of this sale under the Mineral Leasing Act (The Act) of 1920; asamendèd, the oral bidder must: (I) Be ' a citizen of the United States; an 'association (including partnerships and trusts) of such citizens; a municipalitý; 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. ¡fthis 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. The Privacy Act of 1974 and the regulation in 43 CFR 2.48(d) provide that you be furnished the following information in cönnection 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 PRINCIPAL PURPOSE: The information 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: (I) Be a Citizen of the United States; an association of such citizens; a municipality; or a corporation organized under the laws of the United States or of any State or Territory thereof; and (2) Be in compliance with 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 ofthe Interior Appropriations Act of 1981, the bidder must: (1) Be a citizen or national ofthe 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 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 transfened to appropriate Federal, State, local or foreign agencies, when relevant to civil, criminal or regulatory investigations or prosecu- tions. ' ",.:. EFFECT OF NOT PROVIÒIN,G INFORMATlbN~ Disclosure of the infonnation is voluntary>Lf all thèinfonnation is not provided, your bid may be rejected. . " ~-) The Paperwork Reduction Act of 1995 (44 V.S.C. 3501 et seq.) requires us to infonn you that: This infonnation is being collected in accordance with 43 CFR 3120, 43 CFR 3130, or 43 CFR 3220. This infortµ;1tion will be used to determine the bidder suL..1itting the highest bid. Response to this req~estis requir~d to o;btain a benefit. BLM would like you to know that you db not have to respond to this or any other Federal agency-sp~nsored information collection unless it displays a currently valid OMB control number. BURDEN HOURS STATEMENT Public r~porting bu:de? for this form !s estimated to averag~ 2 hours per response including thc time for reviewing instructions, gathering and maintaining data, and completmg and revlewmg the' form: DIrect comments regardmg the burden estimate or any other aspect of this form to V.S. Department of the Interior, Bureau of Land Management, (1004-0074), Bureau Clearance Officer (WO-630), 1620 L Street, M,ail Stop 40ILS,Washjngton, D.C. 20036 ,'\ ~"5 .; ~ ),~:;~ ~~ II 'W.'if:J lÓ1 ('0\)874 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 '!. .;;~.' : :~J~\.~ :~'.'~ ~u~1715167 LEASE NOTICE NO.1 (;00875 Under Regulation 43 CFR 3101.1-2 and terms of the lease (BLM Fonn 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 fiozen material or during periods when the soil material is saturated or when watershed damage is likely to OCCÚr. 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 infonn 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 fiom water) have been established based upon the best infonnation 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 thát the exploration or drilling activities will not interfere materially with the use of the area as a materials site/fiee 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 fiom the proper BLM Field Office. THIS NOTICE APPLIES TO ALL PARCELS wv·n......" "'V( LEASE NOTICE NO.2 BACKGROUND: (;0(;876 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 ofthese 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; 16 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; 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 21st Century," signed January 18, 2001, states in Section 1: "Federal 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 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 ofthis 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 win 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 WYW175l67 Ü00877 TIMING LIM:ITATION 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 Jul15; 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. 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.) WYW175l67 CONTROLLED SURFACE USE STIPULATION - CSU \.:'00878 Surface occupancy or use is subject to the 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 1950 and 2820.) WYW175l67 CONTROLLED SURFACE USE STIPULATION - CSU (:'00879 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.) \!fIUWJ\," .,~' ...~~ - , SPECIAL LEASE STIPULATION 000880 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 JW'< ,J .17'5167 ATTACHMENT TO EACH LEASE 000881. 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) ofthe MLA, 30 D.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-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). 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.