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HomeMy WebLinkAbout941245 .,:.'ur-III ..1.&.UV..,I....U (October 199Z) DEPARTMEr-. J OF THE INTERIOR BUREAU OF LAND MANAGEMENT OFFER TO LEASE AND LEASE FOR OIL AND GAS WYW152774 The undersigned (r~vas~) offers to lease all or any of the lands inllem 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.1. the Mineral Leasing Acl for Acquired Lands of 1947. as amended (30 U.S.C, 351-359). the Anomey General's Opinion of April 2. 1941 (40 Op, Atty. Gen. 41). or the READ INsmucnoNs BEFORE COMPLETING I. Name HANSON & STRAHN INC Street PO BOX 3020 Ciry. State. Zip Code CHEYENNE, WY 820033020 OOô254 2, This application/offer/lease is for: (Ch~ck only Onr) O]O>UBLIC DOMAIN LANDS Surface managing agency if other than BLM: Legal description of land requested: ·Parcel No.: ·SEE ITEM 2 IN INSTRUCTIONS BELOW PRIOR TO COMPLETING PARCEL NUMBER AND SALE DATE. T. R, Meridian SUUe o ACQUIRED LANDS (percent U,S. imerest Unit/Project ·Sale Date (m/d/y):_ I _ ,_ Counry RECEIVED 8/13/2008 at 11 :28 AM RECEIVING # 941245 BOOK: 702 PAGE: 254 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY Amount remined: Filing Fee S Rental Fee S Total acres applied For Total S DO NOT WRITE BELOW THIS LINE 3. Land included in lease: T. 0230N sec. R. 002 002 011 011 1180W 06th Meridian LOTS 7,8; SENE,S2NW,SW,E2SE; E2NE,NW,N2SW,SESW,NWSE; SESE; WY State Lincoln Counry Rental retained, S R79 990 1 ':\70 no This lease is, issued granting the exclusive right to drill for. mine. extract. remove and dispose of all the oil and gas (~XC~pl h~lium) in the lands described in Item 3 together with the right to build and maintain necessary improvements thereupon for the term indicated below. subjeclto renewal or extension in accordance with the appropriate leasing{au\hwily\~igh!.$ granted are subject to applicable laws. the terms. conditions. and anached stipulations of this lease. the Secretary of the Interior's regulalions and formal orders in effect as of leas!Is~Ílan'ée';add~ó regulations and Formal orders hereafter promulgated when not inconsistent with lease rights granted or specific provisions of this lease. NOTE: TIús 1_ is Issued to the high bidder pursuant to his/her duly executed bid or nomination form submitted under 43 CFR 3120 and Is subject to the provisions 'of that bid or nomination and those specified on Ws form. Type and primary term of lease: okompetitive lease (ten years) o Noncompetitive lease (ten years) o Other EFFECTIVE DATE OF LEASE MAR 14 200J APR 0 1 2001 (Date) Chief, IContinu~d on rrv~rs~ I ~^I~, '-?Vt,¡,KN f ;:SCOre or lernrory thereot; l:¿J all parties bolding an interest in the offer are in compliance with 43 CFR 3100 and the leasing authorities; (3) offeror's charge:>h'. '-'.--", direct and indirec~ in ea~h public domain an, jods sep.,rately in the same State do not exceed 246,080 a ond gas 1e.'lSes (of which up to 200,000 aa-es m.1Y be in , ptions~ or 300,000 acres in le:JSes in each leas. Q - n Alask..1 of which up to 200,000 acres may be in optioos, ~~J u.."v{ is not considered a minor under the laws of tbe State in W~lcIJ the lands covered by, this offer are located; (5) offeror is in compliance with qualifications concerning Federal coal 1e.1Se holdings provided in "ec. 2(a)(2XA) of the Minernl..I:.e,asing Act; (6) offeror is in compliance with reclamatioo requirements for all FedernI oil and gas lease holdings as required by sec. 17(g) of the Mineral Leasing Act; and (7) offeror is not in violatio'¡' of s.;c. 41 of the AcL . (b) Uoderoigned agrees th.1t sigo.1ture to tbJs offer constitutes acceptance of this lease, including all terms, cooditioos, .and stipulations of 'o/hich offeror b.'IS been given notice, and any amendment or separate lease that may include any land described in this offer open to leasing at the time this offer Was filed but omitted 'fur'any're.'lSori from this' r.!:ise. The offeror further agre~'rthaqhis offer cannot be withdrawn, either in whole or in part, unless the withdrawal is received by the proper BLM St.1te Office before tbJs lease, an ameodment to this lease, o.ta';~e~Íirnte~Ie.,s!'o wt!i~~~'covers the Jand described in the withdrawal, bas been signed on behalf of the United States. . This olrer wiD be rejected and will afford olreror no priority if It is not properly completed and executed in accordanc:e witb the regulations, or if it is not accompanied by the required payments. 18 U.S.C. Sec. 1001 makes it a crime for any person knowingly and wlUluUy to make to any óepartmeDt or agency of the United States any faise, fictitious or fraudulent statements or representations as to any matter within its jurisdiction. Duly executed this day of LEASE TERMS OOû255 Sec. I. Rentals-Rentals shall be paid to proper office of lessor in advance of each lease year. AlUtual 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 yem..; there..úter $200; (c) Other. see anachment. or as specified in regulations al 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 capable of producing leased resources. and the plan contains a provision for allocation oi production. royalties shall be paid on the production allocaled to tbJs 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 alUtual 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 sufficienl showing by lessee. ' See. 2. Royalties-Royalties shall be paid to proper office of lessor. Royalties shall be computed in accordance with regulations on production rem~ved or sold. Royalty rates are: (a) Noncompetitive lease. 12 \Iz %: (b) Competitive lease. 12 \Iz %: (c) Other. see anachment; or as specified in regulations at the time this lease is issued. Lessor reserves the right 10 specify whether royalty is 10 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 he.ard. When paid in value. royalties shall be due and payable on the last day of the month following the month in which production OCCUrTed. When paid in kind, production shall be delivered, unless otherwise agreed to by lessor. in merchantable condition on the premises where produced without COSI 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 rental which otherwise would be required for that lease year shall be payable at the end of each lease ye.ar 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 thaI such action is necessary to encourage the greatest ultimate recovery of the leased resources. or is otherwise justified. . An inlerest charge shall be assessed on lale 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 pan 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 hond shall be fùed and maintained for lease operations as required under regulations . See. 4. Diligence. rate of development. wùézation. and drainage-Lessee shall exercise reasonable diligence in developing and producing, and shall prevent unnecessary damage to. loss of. or wasle 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 are.a. field. or pool embracing these leased lands, Lessee shall drill and produce wells necessary to protect leased land.<¡ from drainage or pay compensatory royalty for drainage in amount detennined by lessor, Sec. 5. Documents, evidence. and inspection-Lessee shall fùe with proper office of lessor. not later than 30 days after effective date thereof. any contract or evidence of other amngement for sale or disposal of production. At such times and in such fonn as lessor may prescribe. lessee shall furnish detailed statements showing amounts and quality 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 form prescribed by lessor. lessee shall keep a daily drilling reèord. a log, information on well surveys and tests. and a record of subsurface investigations and furnish copies to lessor when required. Lessee shall keep open at all reasonable times for inspection by any authorized officer of lessor. the leased premises and all wells. improvements. machinery. and' fixtures thereon. ¡nd all books. accounts. maps, and records relative to operations. surveys. or investigations on or in the leased lands. Lessee shall mainrain copies of all contracts. sales agreements. accounting records. and documentation such as billings. invoices. or similar documentation that supports ,:,~t~, . 19 (Signature of Lessee or Attorney-in-fact) costs claimed as manufacturing, preparation, andlor transportation cosls, All such records shall be maintained in lessee's accounting offices for future audit by lessor. Lessee shall maintain required record.<¡ for 6 years after they are generated or. if an audit or investigation is underway, until released of the obligation to maintain such records by lessor. During existence of this le.ase, infonnation obtained. uoder this section shall be ~Iosed to inspection by the public in accordance with the Freedom of Infonnation Act (5 U.S.C. 552). See, 6. Conduct of operations-Lessee sItaII conduct operations in a manner that minimizes adverse impacts to the land. air. and water. to cultural, bi,ological. visual, and other resources, and to other land uses or users. Lessee shall take rwconable measures deemed necessary by lessor to accomplish the intenl of this section. To the extent consistent with lease rights granted, such measures may include. but are not limited 10. mQdiñcalion 10 siting or design of facilities, timing of operations, and specification of interim and HnaI 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 cooditioned so as to prevent UlUtecessary or unreasonable interference 'with r.llhls of lessee. Prior to disturbing the surface of the leased lands, lessee shall cont~~t lessor to be apprised of procedures to be followed and modifications or recl811l3tion mea$ures that may be necessary. Areas to be disturbed may require inventories or speci.al studies to determine the eJ[tent of impacts to other resources. Lessee may be required to complete mino~ 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 scienlific interest, or substantial unanticipated environmental effects arc observed. lessee shall immediately contact lessor. Lessee shall cease any operations thaI would result in the destruction of such species or objects. Sec. 7. Mining operations-To the extent that impacts from mining operations would be substantially different or greater than those associated with normal drilling operations, lessor reserves the right to deny approval of such operations. Sec. 8. Extraction of helium-Lessor reserves the option of extncting or having extncted helium from gas production in a manner specified and by means provided by lessor at no expense or loss to tessec or owner of the gas, Lessee shall include in any conttact of sale of gas the provisions of this section. Sec. 9. Damages to property-Lessee shall pay lessor for damage to lessor's improvements, 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 interesls and equal opportunity-Lessee shall: pay when due all taxes legally asscsscd and levied under laws of the State or the United States; accord all employees complete freedom of purchase; pay all wages at least twice e.ach month in lawful money of the United States; mainrain a safe working envirorunent in accordance with standard industry pf'8CÛces; and take measures necessary to protect the health and safety of the public. Lessor reserves the righllo ensure thaI 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 10 oil derived from these leased lands, lessee shall comply with section 28 of the Mineral Leasing Äct of 1920. Lessee shall comply with Executive Order No. 11246 of September 24, 1965. as ameoded. and regulations and relevant orders of the Secretary of Labor issued pursuant thereto. Neither lessee nor lessee's subcontractors shall maintain segregated facilities. See. II. Transfer of lease interests and relinquishment of lease-As required by regulations, lessee shall file with lessor any assignment or other transfer of an interesl 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 aod 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 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. See, 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 the","f. th~,!ease shall be s~bject [0, cance.llation u~~ss or until the I,easehold. contai~!t~;1\ ~-abt?Of.Production of 011 or gas m paymg quantities. or the lease IS committed to an approved cooperalìve 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 Ihe 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 sItaII be subjecttoapplicable provisions and penalties ofFOGRMA (30 U.S.C. 1701). Sec. 14, Heirs and successors·in-interest-Each obligation of this lease shall extend to and be binding upon. aod every benefit hereof shall inure to the heir.... executors. admírìistrators. successors. beneficiaries. or assignees of the respective parties hereto. .' :1, The appropriate regulations applicable to this bid are: (1) for oil anß gas leases-43CFR 3120; (2) for National Petroleum Reserve-Alaska (NPR-A) leases-4'3 CFR;3132; and (3) for Geothermàl resources leases-43 CFR 3220. (See details concer~ing lease qualifications on reverse.) I CERTIFY THA TI have read and am in compliance with, and not in violation of, the lessee qualification requirements under the applicable regulations for this bid. I CER Tl FY 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 w.as arrived at independently and is tendered without cöllusiön with any other bi~der for the purpose of restricting competition. IMPORT ANT NOTICE: Execution of this form, where the offer is the high bid, constitutes a binding lease offer, including all applicable terms and conditions, Failure to comply with the applicable laws and regulations under which this bid is made shall result in rejection of the . d and forfeiture of all monies submitted. . ' U 1"1.1 1 J.jJ-l tJ J. r'1. J. .Lt.... DEPARTMENT OF THE I1'lll~RIOR 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. :1 001-1 025; 42 U.S.C. 6508 PARCEL NUMBER TH~~ IS FOR-(Check one).: Øiìand,Œl~'P,arcel Number ¡7'/, D. ÇJeothermal Parcel Number Name of Known Geothermal Resource Area (KGRA) . . ~..w', ,.....,;1 ~ 0 t.-""Tr.~ ;;.~. J~,~ \I\il \"DrìfirÖi-1'i{Ë~~Yb~e~~b2Ö ., Çðd9~~ð~~è~~_~974003 \~, I Ow ,,;:¡.. , City State Zip Code FORM APPROVED OMB NO. 1004-0074 Expires: May 31, 2000 (:06256 State Date of sale eX ---I 5-0 I WY' AMOUNT OF BID (See Instructions below) PAYMENT SVBMlTIED WITH BID TOTAL BID ( " " ,,', ..ç¿.) ~tQO ,Alc~ INSTRUCTIONS INSTRUCTIONS FOR OIL AND GAS BID (Except NP'R~A) I.Se,par~te b,~d for each parcel is required. Identify parcel by the parcel number assigned in the Notice of Competitive Lease ,Sale. . ~ ~ . ' ! . 2. Bid must be accompanied by the national minimum acceptable bid, the first year's rental and the administrative fee. The remittance must be in the form specified in 43 CFR 3103.1-1. The remainder of the bonus bid; if any, mustbe submitted,to the proper BLM office within 10 ,;w.ork..il)g·;~aysaftei ,the last day of the oral auction. Failure to submit th.,.remainder of the bonus bid within 10 working days will: resulUn rejection()f. the bid offer and forfeiture, of all monies paid. 3. lfbidderis not the sole party in interest inthe léase for which the bid is submitted, all other parties in interest may be required to furnish evidence oftheir qualifications upon written request by the authorized officer. 4. 1:hi~ bid.lIlay be executed (sign,ed) before the oral auction. If signed bef6rê. the o.ral1luc~ion, this form,cannot be mQdIfied without being execúted ~gåiri:' ,. ", " ' 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 Bureau of Land Management at the oral auction. INSTRUCTIONS FOR GEOTHERMAL OR NPR-A OIL AND GAS BID 1. Separate bid for, each pa,rcel is required. Identify parcel by the number ass~gne~ to a tract. ' 2. Bid must be accompanied byone-flfth of the total amount of bid. The re¡nittan,ce must be in the formJ!pecified in 43 CFR 3220.4 for a Geot4C?imalResources bid.and 3132.2 for a NPR-A lease bid. 3. Mark envelope Bid for Geot.~ermal 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 ordeliyer bid to the proper BLM office or place indicated in the Notice of Competitive Lease Sale. r': i" , '~:, :'~; 5. If bidder is not the sole party in interëit.in the"lêàsefdr 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 V.S.C. Section 1001 and Title 43 U.S.C. Section 1212 make it a crime for any person knowingly and willfully to make to any department or agency of the Uniíed States any false, fictitious, or fraudulent statements or representations as to any matter within its jurisdiction. (Continued on reVerse) Form 3000-2 (Juiy 1997) np;¡:Ir.IAl FilE COpy ~ I. "f' ;~' "¡:. .. , I~: ¡: ~ .'¡.- QUALIFICATIONS . r~·'~. . , For lease's th~t inay be issued as a.result ofthi~ s!,le,µnder,the Mineral Leasing Act (The Act) of,192O, as amended; tb.e orál bidder inust:, ,(I) Be a citizen of the United States; an association ánc/uding partnerships and trusts) of such citizens; a municipality; or a corporation organized under the laws of theU nited' States or of any State or Territoryiherèof; (2) Be in compliance withacreagdiiTIitátion requirements wherein the biddêr's interest:>, direct and indirect, in oifand gas leases in the State identified do not e~ceed 246,080 acres,each in public domai~ or acquired'lands including acreage cQy-ered þy this bid, of which not more than 200,000 acres are und<;,r, optio,ns. It: this bid is submitted for·landslin ,Alaska,,the ' bidder;'s holdings ii)...each of the Al~ka leasing districts. do not exceed 300,000 acres, of wJ:¡ich no mQre than 200,000 acres íJ,re. under options in each ~istrict; (3) Be in compliance with Federal coal lease holdings~ as provid~(t in ._sec. 2(a)(2)(A) of tbe Act; (4) Be'incompliance with reclalll;ation requirements ,f~r all Federal, oil anp. gas holdings as required bý sec'.17 onhe-Act; (5) Notbe ¡n.viohition of,sec. 41 of the Act; and (6J Certify that all partIes ÏiJ. interest in' this bid ài-e in cbm'piiañce with 43 CFR Groups 3000 and 3100 and the leasing authorities cited herein. . " . " ,- ': _ _, _. "', 00ú257 For leases that'may -be issued' as a result of this sale under the -Geothermal Steam Act of I'9>70t as amended, the biddei"ólIis{: (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 {)r Territory thereof;and~ (2) Be in: compliance with acreage limitation, requirements, wherein the bidder's interests, direct and indirect, donotexceed, 51,200 acres; and (3} Certify that all parties in inter.est in this, bid are incompliance with 43 CFR Group 3200 and the leasing authority, cited herein. " " 1'"' t,' ~: For,)~1Is~!I: t~a~_lßay be ,issued as .a result of this, sale under the Department, o(,tþe Interior Appropriations Act of 1981, the, bidder musi~ CD_Be a citizen or national. of the United States; an alien lawfull¥ admitted for permanent residence; a I private, p~blic or municipal corporation organized, under the laws of the United States ot of any StaÚ:,ò¡- TerritorY"thereof;, an association of such citizens, nationals, resident aliens'orlJrivate, public or municipal corporations, and (2) Certify that all parties in interest in ,tbis þidare in compliance with 43 CFR Part 3130 and, the 'leasing authòiities, €itea herein, t 4" .. .. .~,", '.. ~ ,,'. -NOTICE 1:he. Privacy..t\ç.t 00.974 arla'the ~g4Ia:dQn in.43 CFR 2.48(d)_provide that you be furnished the folio wing information in connection with information required by this. hid f9f ~ Cp,mpetitive Oil and Gas or . Ge.othermal. Resources Lease. ,_ u _ .:... '-' . ,.(";:.ri· .-... .. ..~_. ~ -' .- ROUTINE USES: (I) The adjudication of the bidder's right to the resources for which this bid is made. (2) Dgcumeqtation for public information. (3) Transfer to appropriate Fede,tâ.J, agenc~ when comment Of G. 9.n~urr,eQc¡; Ëi. reqUir~\d('ltriotJftfRl.,. nting a.¡:j~~tkJl.~bli~y1~n~sor rè~~tl.Í~i;"'K4:ji5J Ibform.atíöl1 (Î-oqr,Œ«'record ,and~Fj,Ii~i~)wllI. be trarrS~r reœ to appropnabe..þede~l, State, 10em'1(fr-r;relgn,,.a~èncles, AUTHORrTY~'30U.S. C. 181 et seq.; 30 U .S.C. 351-359;.30 U.S.c. . when relevantto civil, cri~inalorreg~latory inve!ì~igations df pros,ecu- 100 J -1025; 42U:S,(;;. 6508' '. -, '!iWi!;: !~' . ",< . ' ... ,.. ~-w . .... '.' ,,1 ~ .. 'I " ,; 1 ~ . . I.J J , . PRINCIPAL PURPOSE: Thèhíforni:aiion ï5:tò'l:Ïe"~;'éd' to proëeSsyour bid. '". EFFECT OF NOT PROVIDING INFORMATION: ,Disclosure of the ìnrOl'rri~ti8n;i$ vollmt~ry~ n' all the infôrmatiqijis not provided, your bid maY'bei-ejéáed." ., ". ., . , . . .. I 7 : :! . ~ :, '.. :... :, . '.: .; , ' i' ,_, - : ". ' í ~, ' " " ¡ The Paperwork R~,duction Act of 1'995'(44 U.S,C,:.350Iet seq.) requ~s~ to ìrifonn .you that: This infonnation is- being-collected in accordance with 43-CFR 3'120;43 CFR 3IJO, or 43CFR 3220.. This information wiII be used'tõdëtennine the bidder subri1Ìtnng the IiIghest bid. Response to tlú,~ request is required to obtain a bene?t.. BUrt ,wouldJike you to know thil.t you do not have to respond to this or any -other Federal agency-sponsored infonnation collection unle3s ~( displays a currently valid OMB conttolnwmbeL . BURDEN HOURS STATEMENT Public reporting burden for this fonn is estimated to average 2 hours per response inclùding;the..timefor reviewing instructions, gathering and maintaining data, and : comp,Ieting,m;td reviewing tht fOmI. Direct CommenlS regarding-the burdëi\ eStimate or any other aspect of thiS fonn to U.S. ,Department of the Jntericr, Bureau of Land Mänilgement, Bureau Clearance Officer (WO-630), 1620\L Street, Washington, D.C. 20036 and the Office of Management and Budget, Desk Officer for the Interior D~attment, Office.of RegulatO[}',Affairs (1004-0074), Washington, D.C. 20503. ." ._, -- . , ... .......--.... (~ ."'þ« ~ ,T¡ fS\". ~~) :~ .. I¡J. .. ,_ ,.,). J__ ,..,. M··t~·'!r M- ., ¡ ¡., \ J u_ ~ :~:". ~ 1'!& ";::0.) !I ~~ \..-r '..,~ ......!f _~_. -=:f'I ... \:1\.1 li UI. ~ ,.o¡-...... , 000258 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. r \\H w.~ 1 :'¿.17 .4 LEASE NOTICE NO.1 000259 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 of25 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 (Le., 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, pennittees, operators) that when one or more of the above conditions exist, surface disturbing activities will be px:ohibited 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 intennittent 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 pennit. 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 fi:om the proper BLM Field Office. ,,/CERTIFIED to;~ff?'i~~ s,òd comparative copy jOf,\ ~j\li~1 re.coras on file ,I . ¡. . .\1 ïJj,.¡"... .. : {'"'L. ?~.; ..mø'.· 'j 20,.08 /:" ':J;~~!~ '~.. .' '" / . vy"J<1F" .1",;; '/ BUREA'tJ OF' ~A" 1):'ANAGEMENT 000260 TIllS STIPULATION APPLIES TO ALL PARCELS The U.S. Fish and Wildlife Service (FWS) has proposed for listing under the Endangered Species Act (ESA) of 1973, the mountain plover (Charadrius montanus) as a threatened species. A listing package has been sent to the Director of FWS in Washington, D.C. for review/approval. The listing is very likely in the near future. Mountain plovers migrate to Wyoming to nest each year and are confirmed to nest in every county. Even though they arrive in early April and complete their nesting by the middle of July, alteration of habitat throughout the rest oqhe year can have a detrimental effect on these birds as they generally return to the same location to nest each year. The exploration and development of oil and gas leases may have a detrimental effect on mountain plovers and their habitat. Some of the land encompassed in the lease parcels described in the February 13,2001, Notice o/Competitive Oil and,Gas Lease Sale contain habitat for the mountain plover and have been designated as such. Most of the parcels have not been specifically inventoried for the presence or absence of mountain plovers, so reliable information is not available at this time. This information notice is to alert potential purchasers that a1l of the parcels in this sale are subject to the ESA and may contain habitat for mountain plovers (even if not specifically denoted herein).' Inventories will be required when potential mountain plover habitat exists within a lease parcel. Ifthe birds are then found to be present, then additional protective measures most likely will be added to allow for any disturbing activities. If a lease parcel contains no mountain plover habitat or if the birds are not present, then the lease parcel may be developed without restrictions for mountain plovers. If at a later date mountain plovers occupy previously unoccupied habitat within a lease parcel, then additional protective measures will most likely be added. Please see page 38 and section 6 of the Lease Terms on page 32 for additional information regarding threatened or endangered species. .' )2$RTIFIED. hb" E'J, ,J¡' . ~~~a:.,:n, d cQ,mp, aratlve. copy - ()rttjh~ t~1 re,c,ords on file IiI,"";!",·· ¿,.. , rFrt~~.: 1 20Ò8 . .:')1;; .~",if \ . ',/ -(¿Y1,~ ,,' EAJ'~{~~~EMENT WYW152774 (:.Oô26j. TIMING LIMITATION STIPULATION _. TLS No surface use is allowed during the following time period(s). This stipulation does not apply to operation and mainten~nce of production facilities. (1) Nov 15 to Apr 30; On the lands described below: (2) as mapped on the Kemmerer RMP stipulations overlay; For the purpose of (reasons): (3) protecting big game crucial winter range. Any changes plan and/or use of this 2820,) to this stipulation will be made in accordance with the land use the regulatory provisions for such changes. (For guidance on the stipulation, see BLM Manual 1624 and 3101 or FS Manual 1920 and .. "- ;:'~·ÈRTI FI ED tò·-¡je~ t~.á~d comparative. copy _~, :' ~f.~ . IfM!:i.~.jal rèc..ordS on file -:1 ;,I·::¿; I),' \ t \ ""r~".~.. . .,~ !.It'.., '\ .'~:\ .20Q8 'ËAUQ~ IÃ~D~EME~T TIMING LIMITATION STIPULATION - TLS WYW152774 00ô262 No surface use is allowed during the following time period(s). This stipulation does not apply to operation and maintenance of production facilit~es. (1) Mar I to Jun 30; On the lands described below: (2) as mapped on the Kemmerer RMP stipulations overlay; For the purpose of (reasons): (3) protecting Sage Grouse nesting habitat. Any changes plan and/or use of this 2820.) to this stipulation will be made in accordance with the land use the regulatory provisions for such changes. (For guidance on the stipulation, see BLM Manual 1624 and 3101 or FS Manual 1~50 and , ..... ~ . WYW152774 00ô263 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 &ME stipulations overlay; 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 this stipulation, see BLM Manual 1624 and 3101 or FS Manual 1950 and 2820.) . . ...'=:.~\ 4 ! . WYW152774 000264 CONTROLLED SURFACE USE STIPULATION - CSU Surface occupancy or use is subject to the following special operating constraints. (1) Surface occupancy or use within 1/4 mile of the Dempsey Hockaday Cutoff and Sublette Cutoff of the Oregon Trail 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 Oregon/Mormon Pioneer National Historic Trails Management Plan; For the purpose of: (3) protecting historic trails. 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 this stipulation, see BLM Manual 1624 and 3101 or FS Manual 1950 and 2820.) .~" ~~,' l \1 " . ,;..', G TIÈIED ~b~!t-U<.., ,cqfT1Parative copy ...:: Ø!, tlJß,ii~Cì~1 retprds on fjli) ~<~;': )~1~2':'F2oß8 ~EMENT WYW152774 ~Oû265 CONTROLLED SURFACE USE STIPULATION - CSU Surface occupancy or use is subject to the following special operating constraints. (1) The lease area may contain habitat for the threatened, endangered, candidate, or other special status plant and animal species listed below. Exploration and development proposals may be limited, or modifications required, or prohibited altogether, if activity is planned within the habitat boundaries of a threatened, endangered, candidate, or other special status plant/animal species as it then exists. Upon receipt ofa site specific proposal, the authorized officer will review current inventory records of each location and may require that further localized surveys be performed to assure no threatened, endangered, candidate (category 1 or 2), proposed, or other' special status species or habitat are present. (ENDANGERED SPECIES ACT OF 1973 AS AMENDED, SECTIONS 2 AND 7.); On the lands described below: (2) Entire lease; For the purpose of: (3) Protecting Physaria dornii (Dorn's twinpod); Charadrius montanus (Mountain plover) . Any changes plan and/or use of this 2820.) to this stipulation will be made in accordance with the land use the regulatory provisions for such changes. (For guidance on the stipulation, see BLM Manual 1624 and 3101 or FS Manua,l,,~~;50, and ~:~ .," ;.-~ .\'.~: \- . ") ""~Rr1FI ED . ~"tO:b/f,.,11.,. f:fNe:¡:md.· cp,IJ1paratlve copy - 'l~~~fI~f}~ti~ ):~tor~s on file , ''/ :: I.':,;. ~jüU 2 1 2008 ~A~ OFLA ~GEMENT 000266 NOTICE TO LESSEE Provisions of the Mineral Leasing Act (MLA) of 1920, as amended by the Federal Coal Leasing Amendments Act of1976, affect an en1ity's qualifications to obtain an oil and gas lease. Section 2( a)(2)(A) of the MLA, 30 V.S.C. 201 (a)(2)(A), requires that any en1ity 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 quan1i1ies 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 F edera1 coal lease holdings, all assignees and transferees are hereby notified that this oil and gas lease is subject to cancella1ion if: (1) the ini1iallessee as assignor or as transferor has falsely certified compliance with Sec1ion 2( a)(2)(A), or (2) because of a denial or disapproval by a State Office of a pending coal action, i.e., mms-Iength assignment, relinquispment, or logical mining unit, the initial lessee as assignor or as transferor is no longer in compliance with Sec1ion 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). Infonnationregarding 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. . "