HomeMy WebLinkAbout939943
(October 1991)
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
OFFER TO LEASE AND LEASE FOR OIL AND GAS
'\':~i"m" '1"'"1,...-.000882"
'i 1 v~ -' ,_) v.-"
The undersigned (revaSf) 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 se< ,j, the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U,S,c, 351-359), the Anomey General's Opinion of April 2, 1941 (40 Op. Any. Gen, 41), or the
READ INsmucnoNs BEFORE COMPIEl1NG
Future rental payments must be made
on or before the anni versary date to:
Minerals Management Service
Royalty Management Program
P.O, Box 5640
Denver, CO 80217
,
J.'
I, Name
Street
f!j'fZ,SíMMONS U{'
,220J Cl\.BIN CUURT
City, State, Zip Code
GlLLETfE,W"{ 81'1185244
2, This application/offer/lease is for: (Check only One) 3P PUBLIC DOMAIN LANDS
Surface managing agency if other than BLM:
Legal description of land re< uested: 'Parcel No.:
'SEE ITEM 21N INSTRUCTIONS BELOW PRIOR TO COMPLETING PARCEL NUMBER AND SALE DATE.
T, R. Meridian State
o ACQUIRED LANDS (percent U,S, interest
Unit/Project
'Sale Date (m/d/y):_/ _/ _
County
RECEIVED 6120/2008 at 10:55 AM
RECEIVING # 939943
BOOK: 697 PAGE: 882
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Amount remined: Filing fee $
Rental fee $
Total acres applied for
Total $
DO NOT WRITE BELOW THIS LINE
3, Land included in lease:
T, OZlON R, 1 H~t)\ì/
Sc;ç, 004 SENE,NESE;
009 SENE,N2S2;
Meridian
D6th
State VlY
County Lmçohl
u2.i. l\l.tL;
022 82;
Total acres in leasb240, 000
Rental retained $ ¡ H{iO PO
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 fonnal
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 exec:uted bid or nomination ronn submitted under 4J CFR 3120 and is subjec:t to the provisions or tbat bid or
nomination and those speclOed on this ronn. ~
TyPO'" primuy '00 of ,_, THE UNITED ~ a::::I;~C, ~
o Noncompetitive lease (ten years) by_
Signing Officer)
Ch\ct; 1,1ral1ch of Flu;ct Minerals 1\cUuœcatJlmJ WAY t t 2008
(Tide) (Date)
',p Competitive lease (ten years)
o Other
EFFECTIVE DATE OF LEASE
(Continued on reverse)
FOlRt !\..!.S~EI.
- - - _u _ _ --. ---- _ -_._ _ _ -- -- _ _ _ ___ ___ ___ ___ +__.___ _ ___ . ____ _ _ ._._ . __ _ _ __ _ .__. _ _____ _. _ _. _._ __ _ __~_ _ _ . _ _ __.. _ _ _._ _____ __n_ _ _ _ ___ _. __ _ __ _ ____ __ _ _ _ _ _ __ __ .____ ______ __ ___ ____ __. ___ _________ __ ____ _____ __ ________________ _____________.__.___.__ _____._._.___________
State or Territory thereof: (2) all parties holding an interest in tbe offer are in compliance wilh 41 rrR 3100 and the leasing autborities; (3) offerm's cbarge.1ble inlp,,".d. ,Ii",:ct and indirec~ in each
pubHc domain and a ; separately in the same State do not exceed 246,080 acre I gas leases (of which up to 200,000 acres may be in oil ; ms~ or 300,000 acres in
leases jn each leasing UIð-UI.....L Jlj Alaska of which up to 200,000 acres may be in options, V{) f,Jl.ll"-n.n- I:; not coo.o:¡ide.red a minor Wlder the laws of the St.ate in wbicn me tanus covered by this offer are
located; (5) offeror is in compliance with qlwlifications concerning Fedcral coal ¡""se holdings provided in sec, 2(a)(2)(A) of the Mineral Leasing Act; (6) offeror is if' compliance with reclamation
requirements for all Fede,ral oil and gas lease holdings as required by sec, 17(g) of U,e Minera! Leasing Act; and (7) offeror is not in violation of séc. 41 'of the Act. . <' u·,
(b) Undersigned agrees that signature to this offe,r constitutes acceptance of tbis ¡13<'lSe, including all terms, conditions, and stipulations of wbich offeror 11<'IS been given notice, and any amendment
or separate 1""'lSe that may include any land described in this offer open to leasing at th~ time this offer was filed but omitted for any re.'lSon from tbis lease. Tbe off~'fl;'rtœr ~gr"'\1'iII!þ1t this o[fer
cannot be withdrawn, either in whole or in part, unless tbe witbdrawal is received b)' tbe proper BLM State Office before U,is lease, an amendment 10 tbis lease, or a sepamte 1""1Se, wh¡èflever covers
the land described in the withdrawal, b.'IS been signed on beb.,lf of tbe United St.ltcS,
This olTer will be ,rejected and will afford olTeror no priority if it is not properly completed and executed in accordance with tbe regulations, or if it is not accompanied by tbe required
payments. 18 U.S.C. Sec. 1001 makes it a crime for any person knowingly and willfully to make to any I>epartment or agency of tbe United States ally ralse, ftct,itious or fraudulent statements
or representations as to any matter within its jurisdiction.
Duly executed this
day of
Sec. I. Renws-Renws sball be paid to proper office of lessor in advance of each lease year.
Annual renw 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 $2.00;
(c) Other, see attaclunent, or
as specified in regulations at the time this lease is issucd.
If this lease or a portion thereof is committed to an approved cooperative or unit plan which
includes a well capable of produciag 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 arumal 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 óffice of lessor. Royalties shall be computed
in accordance with regulations on production removed or sold, Royalty rates are:
(a) Noncompetitive lease, 12~%;
(b) Competitive lease, 12 ~ %;
(c) Other, see attaclunent; 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 the
right to establish reasonable minimum values on products after giving lessee notice and an
opportunity to be heard. When paid in value, royalties shall be due and payable on the last day
of the month following the month in which production occurred. When paid in kind, production
shall be delivered, unless otherwise agreed to by lessor, in merchantable condition on the prelnises
where produced without cost to lessor. Lessee shall not be required to hold such production
in storage beyond the last day of the month following the month in which production occurred,
nor shall lessee be held liable for loss or destruction of royalty oil or other products in storage
from causes beyond the reasonable control of lessee.
Minimum royalty in lieu of rental of not less than the renw 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 detennines
that such action is necessary to encourage the greatest ultimate recovery of the leased resources,
or is otherwise justified.
An interest charge shall be assessed on late royalty payments or underpayments in accordance
with the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) (30 U.S,c. 1701).
Lessee shall be liable for royalty payments on oil and gas lost or wasted from a lease site when
such loss or waste is due to negligence on the part of the operator, or due to the failure to comply
with any rule, regulation, order, or citation issued under FOGRMA or the leasing authority.
Sec, 3, Bonds-A bond shall be fùed and maintained for lease operations as required under
regulations.
See. 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 royalty for drainage in amount detennined by lessor.
See, 5. Documents, evidence, and inspection-Lessee shall fùe with proper office of lessor,
notlater than 30 days after effective date thereof, any contract or evidence of other arrangement
for sale or disposal of production. At such times and in such fonn as lessor may prescribe, les~ee
shall furnish detailed statements showing amounts and quality of all products rcmove<l and sold,
procee<ls 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 parties in interest, expen<litures, 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 ~ record of subsuIface investigations and furnish copies to lessor
when required. Lessee shall keep open at all reasonable times for inspection by any authorized
officer oflessor, the leased premises and all wells, improvements, machinery, and fIxtures thereon,
and all books, accounts, maps, and records relative to operations, surveys, or investigations
on or in the leased lands. Lessee shall maintain copies of alJ contracts, sales agreemenLs. accounting
records, and documentation such as billings, invoices, or similar documentation lilat supports
,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, ifan audit or investigation is underway,
until released of the obligation to maintain such re<:ords by lessor.
During existence of this lease, infornlation obtainett under this section shall be closed to
inspection by U,e public in accordance with the Freedom of Infonnation Act (5 U.S.C. 552),
See. 6. Conduct of operations-Lessee shall conduCI 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 iment 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 rescrves the
right to continue existing uses and to authorize future uses upon or in lile leased lands, including
the approval of easements or rights-of-way. Such uses shall be conditioned so as to prevent
unnecessary or unreasonable inteIference with rights of lessee,
Prior to disturbing the surface of the leased lands, lessee shall conlactlessor to be apprised
of procedures to be followed and modifications or reclamation measures that may be necessary.
Arcas to be disturbed may require inventories or special studies to determine the extent of impacts
to other resources, Lessee may be required to comp~ete minor inventories or short tenn special
studies under guidelines provided by lessor. If iriiihe',co~uct of operations, threatened or
endangered species, objects of historic or scientific interest, or<o;ubstantial unanticipated
environmenw effects arc 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
reserve~ the right to deny approval of such operations.
Sec. 8. Extraction of helium-Lessor reserves the option of extracting or having extracted belium
from g~s production in a manner specified and by means provided by lessor at no expense or
loss to lessee or owner of the gas. Lessee shall include in any contract of sale of gas the provisions
of this section.
Sec, 9. Damages to property-Lessee shall pay lessor for damage to lessor's improvemeuts,
and shall save and hold lessor hannless from all claims for damage or hann to persons or property
as a result of lease operations.
Sec. 10. Protection of diverse interests and equal opportunity-Lessee shall: pay when due all
taxes legally assessed and levied under laws of the Slate or the United States; accord all employees
complete free<lom of purchase; pay all wages at least twice each month in lawful money of the
United States; maintain a safe working envirorunent in accordance with standard industry practices;
and talce measures necessary to protect lile health and safety of the public,
Lessor rescrves 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 lan<ls,
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 an<l relevant orders of the Secretary of Lahor 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 file with lessor any assignnlent or other transfer of an interest in this lease. Lessee
may relinquish this lease or any legal subdivision by filing in the proper office a written
relinquishment, which shall be effective as of the date of filing, subject to the 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 retumcd 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. Procee<lings in case of default-If lessee fails to comply with any provisions of this
leasc, and Ule noncompliancc continues for 30 days after writtcn 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 pay ing quantities, or the lease is committed to an approved cooperative or unit
plan or conununitization agreement which contains a well capable of production of unitized
substances in paying quantities. This provision shall not be construed to prevent the exercise
b)' 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
timc, Le:isee shalJ be, subject to applicable provisions and penalties of FOGRMA (30 U .S.c. 170 I),
See, 14, Heirs and successors-in-interest-Each obligation of this lease shall extend to and be
binding upon, and evcry benefit hereof shall inure to the heirs. executors, administrators,
successors, bcnefIciaries, or assignces of the respective parties hereto.
~ _r'-:~
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UNlftU :::>lA 1 t:::> " l1 IJI d!r:. '-J ...' .,..... - .
) .'" .. <.' DEPARTMENT OF THE INTERIOR
FORM APPROVED
BUREAU OF LAND MANAGEMENT OMB NO. 1004-0074 (:00884
COMPETITIVE OIL AND GAS OR Expires: September 30, 2006
GEOTHERMAL RESOURCES LEASE BID
30 U.S.G. 181 et seq.; 30 U.S_C. 351-359; State 0() C( Date of sale
30 U.S.C.1001,1025; 42 U,S.G. 6508 IL)-2-0?~
AMOUNT OF BID (See Instructions below)
PARCEL NUMBER TOTAL BID PA YMENT SUBMITTED
WITH BID
THE BID IS FOR (Check one): I ~Li " ~; "
.,.
\e'~ ~., .
D Oil and Gas Parcel Number
D Geothennal Parcel Number
Name of Known GeothennaI Resource Area (KGRA)
The appropriate regulations applicable to this bid are: (I) for oil and gas leases--43 CFR 3120; (2) for National Petrolewn Reserve-Alaska (NPR-A)
leases--43 CFR 3132; and (3) for Geothennal resources leases--43 CFR 3220. (See details concerning lease qualifications on reverse.)
I CERTIFY THAT I have read and am in compliance with,and not in violation of, the lessee qualification requirements under the applicable regulations
~~lli'
I CERTIFY THAT this bid is not in violation ofl8 U.S.e. 1860 which prohibits unlawful combination or intimidation of bidders. I further certify that
this bid was arrived at independently and is tehdered witholltcollusion 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 bi~ding lease offer, inc~utfingall applÌ~able tenns and
conditions. Failure to comply with the applicable laws and regulations under which this bid is made shall reyult j¡v're)~ctìon oftheþid and forfeiture of
all monies subm, it!ed. ,,' , " /(t'. ¡-- , / /' /,'
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1;' fz·j/ JIfl ¡lr1.{/l1 J/ L ¿ C (~ -'1ft, /, ~/ .-- .
Print or Type ame ofLesse~/ SignÍtu or-Lessee or Bidde
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A éss of I.;esseé""
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Zip Code
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INSTRUCTIONS FOR Oil AND GAS BID
(Except NPR-A)
INSTRUCTIONS
INSTRUCTIONS FOR GEOTHERMAL OR
NPR-A Oil AND GAS BID
I. Separate bid for each parcel is required. Identify parcel by the parcel
number assigned in the Notice a/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 -I. 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 of the 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 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 may be
either completed by the bidder or the Buteau of Land Management
at the oral auction.
1. Separate bid for each parcel is required. Identity 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 form specified in 43 CFR 3220.4 for a
Geothermal 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. If bidder is not the sole party in interest in the lease for which bid is
submitted, all other parties in interest may be required to furnish
evidence oftheir qualifications upon written request by the authorized
officer.
Title 18 U,S.C. Sect}!?n 1001 and Title 43 U.S,C. Section 1212 make it a crime for anyye,rson ~now~n&ly and willfully to make to any department or agency of the United
States any false, fiCtitIOUS, or fraudulent statements or reprèsentatlons as to any matter wlthm Its JUrISdictIOn.
(Continued on page 2)
Fonn 3000-2 (April 2004). .
OPTiONAL USE COpy
t
,
'.
l
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 ofthe 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 reqüirements 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, Ifthis 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 2A8(d) provide
that you be furnished the foIlówing înfonÏiation in connection with
infonnation reqµired by this bid for a Competi~iye Oil and Gas or
Geothermal Resources Lease.
AUTHORITY: 30 U.S.c. 181 et se~;; 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: (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 alienlawfully ,
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: (I) The adjudication of the bidder's right to the
resources for which thiS biens made. (Z) 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 frol11 the record and/or the record will be
transferred to appropriate Federal, State, local or foreign agencies,
when relevant to civil, criminal or regulatory invest,igations or prosecu-
tions.
EFFECT OF NOT PROVIDING iNFORMATION: Disclosure of the
infonnation 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 tôjnfo~'yÓu that:
This infpnnation is being collected in accordWlce with 43 CFR 3IZÓ, 43 CFR 3130, or 43 CFR 3220.
This infonnation will be used to detennine the bidder, submitting the highest tJid.
Response to this request is required to obtain a benefit.
BLM would like you to know that you do not have to respond to this or any other Federal agency-spon.~ored information collection unless it displays a currently valid OMB
control number. _ .
BURDEN HOURS STATEMENT
Publicr~porting burden for this fonn is estimated to averag~ 2 hours per response including the time for reviewing instructions, gathering and maintaining data, and
completmg ànd reviewing the fonn. Direct commenfSregarding the burden estimate or any other aspect of this fonn to U.S. Department of the Interior, Bureau of Land
Management, (1004-0074), BureaIJ Clearance Officer (WO-630), 1620 LStreet, Mail Stop 401 LS, Washington, D.C. 20036
i
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11
MULTIPLE MINERAL DEVELOPMENT STIPULATION
If I 1/' Jóf./
C'OQ886
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
11.·..
;~~75169
LEASE NOTICE NO.1
000887
Under Regulation 43 CFR 3101.1-2 and terms of the lease (BLM Form 3100-11), the authorized officer may require
reasonable measures to minimize adverse impacts to other resource values, land uses, and users not addressed in
lease stipulations at the time operations are proposed. Such reasonable measures may include, but are not limited to,
modification of siting or design of facilities, timing of operations, and specification of interim and final reclamation
measures, which may require relocating proposed operations up to 200 meters, but not off the leasehold, and
prohibiting surface disturbance activities for up to 60 days.
The lands within this lease may include areas not specifically addressed by lease stipulations that may contain special
values, may be needed for special purposes, or may require special attention to prevent damage to surface and/or
other resources. Possible special areas are identified below. Any surface use or occupancy within such special areas
will be strictly controlled or, if absolutely necessary, prohibited. Appropriate modifications to imposed restrictions
will be made for the maintenance and operation of producing wells.
1. Slopes in excess of 25 percent.
2. Within 500 feet of surface water and/or riparian areas.
3. Construction with frozen material or during periods when the soil material is saturated or when watershed
damage is likely to occur.
4. Within 500 feet 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, 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 thát the exploration or
drilling activities will not interfere materially with the use of the area as a materials sitelfree use permit. At the time
operations on the above lands are commenced, notification will be made to the appropriate agency. The name of the
appropriate agency may be obtained from the proper BLM Field Office.
THIS NOTICE APPLIES TO ALL PARCELS
· '.. -.
LEASE NOTICE NO.2
BACKGROUND:
000888
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 21 'I Century," signed
January 18, 2001, states in Section 1: "Federal agencies will...protect, cOlmect, 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 an
associated features, such as trail traces, grave sites, historic encampments, inscriptions, natural features frequently
cOllll11ented 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, tlle 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
WYW175l69
('00889
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 lu115;
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.)
WYW175169
\:.100890
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 310 1 or FS
Manual 1950 and 2820.)
WYW175l69
00089:1
CONTROLLED SURFACE USE STIPULATION - CSU
Surface occupancy or use is subject to the following special operating constraints.
(I) 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.)
WYW175169
000892
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 munber, 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.)
¡IlK 1·~169
i'V I VI')L :.l
SPECIAL LEASE STIPULATION
ÜO(;893
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
ATTACHMENT TO EACH LEASE
('00894
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 :lìom 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.