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HomeMy WebLinkAbout941593 Form 3100·llb (Ocwber 1991) UN·rr1i;D STATES DEPARTMI OF THE INTERIOR BUREAU m ~AND MANAGEMENT OFFER TO LEASE AND LEASE FOR OIL AND GAS SenllJ ' o. 0001.57 WY,\V155028 The undersigned (r~v~rs~) offers 10 lease all or any of the lands in Item 2 thai 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 Anomey General's Opinion of April 2. 1941 (40 Op, Any. Gen. 41), or the READ INSTRUCTIONS BEFORE COMPLETING City, Slale, Zip Code HANSON & STRAHN INC PO BOX 3020 CHEYENNE, VlY 820033020 I, Name Street 2, This application/offer/lease is for: (Check only On~) IX PUBLIC DOMAIN LANDS Surface managing agency if other than BLM: Legal description of land requested: ·Parcel No,: .SEE ITEM:Z IN INSTRUCTIONS BELOW PRIOR TO COMPLETING PARCEL NUMBER AND SALE DATE. T. R. Meridian Slale o ACQUIRED LANDS (percent U.S. interest Unit/Project ·Sale Date (m/d/y):_/ _/ - County Renlal fee S CERT\F\EQ - d comparative copy to be a truefla¡ nla! raco. rds on 1ile ottM ° . C BUR~~~t(~1 Tola! acres applied for Tola! $ Amount remined: Filing fee S 00 NOT WRITE BELOW THIS LINE 3. Land included in lease: T. 0220N R. Sec. 017 S2; 1120W Meridian 06th Slate WY County Lincoln I i t'7 RECEIVED 8/26/2008 at 2:16 PM RECEIVING # 941593 BOOK: 703 PAGE: 157 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY t- \() .p ·~~\O'¿, uJ ~'/~ ~ 7/~¿' Tola! acres in lease Renla! relained $ 320.00 480.00 This lease is issued granting the exclusive right to drill for. mine. extract, remove and dispose of all the oil and gas (excepr h~lium) in the lands described in lIem 3 together with the right to build and mainlain necessary improvements thereupon for the tenn indicated below, subject to renewal or extension in accordance with the appropriate leasing authority. Rights granted are Bubject 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 form submitted under 43 CFR 3120 ud Is subject to tbe provisions of that bid or nomination and those specified on this Corm. IX Competitive leasc (tell years) JA-N 2 3 2002 FE B 0 1 2002 (Date) Type and primary tenn of lease: o Noncompetitive lease (tcn years) o Other EFFECTIVE DATE OF LEASE @ ru J""" ~ 1!\~ ~, ~ tiUUU 'r~L (Conrinued on rtv~rse) ..- -- ----..------------------------- ------------------------------------------------------ .. , ""'-. - - ------ ---- '-J -....-.-. .... .. ................U.....J. U..... UUJL....u -.J\'c'L~, cUJ iÞIiUCJilLJOn O[ sucn CJuzens; a wunjCipality; or a corporation organized Wlder tbe laws of the United St.r.,tes or of any State or Territory tJ.----<. "" -" parties holding an interest in the offer are in compliance R 3100 and the leasing authorities; (3) offerors chargeabl reet and indi=~ in each public domain and i Is separately in the same State do not exceed 246,080 aCI d gas leases (of which up to 200,000 acres may be in oil ....u b'W ul"",)l15), or 300,000 acres in leæes in each leasing Uistrict in Alaska of which up to 200,000 acres may be in options, (4) offeror is not considered a minor under the laws of the State in which the lands covered by this offer are located; (5) offeror is in compliance with qu.,lificaûons concerning Federal coal lease holdings provided in sec. 2(a)(2XA) of the Mineral Leasing Act; (6) offeror is in compliance with reclamatioo rC(jwrements for all Federal oil and gas lease holdings as rC(juired by sec. 17(g) of the MjrJeral Le..u;ing Act; and (7) offeror is not in violaûon of see.A1 of the Act,., , , (b) Undersigned agrees that signature to this offer coosûtutes acceptance of this lease, inchJding all terms, conditions, and sûpulations of which offeror h.'\S bun given notice, and any amendment or separate 1e.'\Se that may include any land described in this offer open to leasing at the time this offer was filed but omitted for any re.'\Son from this lease. The offeror further agrees that this offer cannot be withdrawn, either in whole or in part, unless the withdrawal is received by the proper BLM St.,te Office before this lease, an amendment to this lease, or a sepårntele.'\Se; whichever coven¡ the land described in the withdrawal, h.... been signed on behalf of the United St"tes. This olrer will be ,rejected and will afford offeror no priority If it is not properly completed and executed In accordance witb the 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 wIU1uIIy to make to any Department or agency of the United States any false, fictitious or fraudulent statements or representations lIS to any matter within Its jurisdiction. Duly executed this day of LEASE TERMS Sec. 1. 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 lea...., $1.50 for the firs! 5 years; thereafter $2,00; (b) Competitive lease, $1.5U; for the first 5 ye.~rs; thereafter $20U; (c) Other, see attaclunem, 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 producûon 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 tenninate this lease by operation of law. Rentals may be waived, reduced. or suspended by the Secretary upon a sufficient showing by lessee. Sec, 2. Royalties-Royalties shall be paid to proper office of lessor. Royalties shall be computed in accordance with regulations on production removed or sold. 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 rigbt to specify whether royalty is to be paid in value or in kind, and the right to establisb reasonable IlÙnimum 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 agnocd to by lessor. in merchantable condition on the premises where produced without cost to lessor. Lessee shall not be rC(juired 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 year beginning on or after a discovery in paying quantities, This IlÙnimum 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 Managemem 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 w~te 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 filed and maintained for lease operations as rC(juired under regulations. Sec. 4, Diligence, rate of development, unitization. and drainage-Lessee shall exercise reasonable diligence in developing and producing. and shall prevent unnecessary damage to. loss of, or waste of leased resources. Lessor reserves right to specify rates of development and production in the public interost 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, Sec. 5. Documents, evidence, and inspection-Lessee shall file with proper office of lessor. not later than 30 days after effective date thereof, any contract or evidence of other arrangemem 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 rC(juired to provide plats and schematic diagrams showing development work and improvements. and reports with respect to parties in imerest, expenditures, and depreciation costs. In the form prescribed by lessor. lessee shall keep a daily drilling record, a log. information on well surveys and tests. and a record of subsurface investigations and furnish copies to lessor when rC(juired. 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. and all boob, accounL., maps, and records relative to operations. surveys, or ¡nvestigalions on or in the leased lands. Lessee shall maintain copies of all contracts. sales agreements, accounting records, and documentation such as billings. invoices. or similar documentation that 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 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 ex.istence of this lease, infonnation obtained under this section shall be closed to inspection by the public in accordance with the Freedom of Information Act (S U.S,C. 552). Sec. 6, Conduct of operations-Lessee shall conduct operations in a manner that minimizes adverse impacts to the land, air, and water, to cultural, biological, visual. and other resources, and to other land uses or users. Lessee shall take reasonable measures deemed necessary by lessor to accomplish the intent of this section. To the extent consistent with lease rights granted; sucb measures may include. but are not limited to, modification to siting or design of facilities. timing of operations, and specification of interim and final reclamat¡on:measures. Lessor reserves the right to cominue eMsting uses and to authorize future uses upon or in the leased lands, including the approval of easements or rigbts-of-way. Such uses shall be conditioned so as to prevent unnecessary or unreasonable interference with rights of lessee. ' Prior to disturbing the surface of the leased lands. lessee shall contact lessor to be apprised of procedures to be followed and modifications or reclamation measures that may be necessary. Areas to be disturbed may require invemories or special studies to deternúne the extent of impacts to other resources, Lessee may be required to complete minor inventories or sbort tenn special studies under guidelines provided by lessor. If in the conduct of operations, threatened or endangered species, objects of historic or scientific interest. or substantial unanticipated environmental effects are observed. lessee shall immediately contact lessor. Lessee sball 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 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 hanruess from all claims for damage or harm to persons or property as a result of lease operations. Sec. 10, Protection of diverse interests and equal op~nunity-Lessee shall: pay when due all taxes legally assessed and levied under laws of the State or the United Slates; accord all employees complete freedom of purchase; pay all wages at least twice each month in lawful money of the United States; maintain a safe working environment in accordance with standard industry practices; 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 iil~rest in a pipeline or a company operating a pipeline. which may be operated accessible to oil derived from these leased lands, lessee shall comply with section 28 of the Mineral Leasing Act of 1920. Lessee shall comply with Executive Order No, 11246 of September 24, 1965, as amended. and regulations and relevant orders of the Secretary of Labor issued pursuant thereto. Neither lessee nor lessee's subcontractors shall maintain segregated facilities, Sec, II. Transfer of lease interests and relinquislunent of lease-As required by regulations. lessee shall fùe with lessor any assignment or other transfer of an interest in this lease. Lessee may relinquish this lease or any legal subdivision by fùing in the proper office a written relinquislunenl. 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 returned to lessor, lessee shall place affected wells in condition for suspension or abandonment, reclaim the land as specified by lessor and, within a reasonable period of time, remove equipment and improvements not deemed necessary by lessor for preservation of producible wells. Sec, 13. Proceedings in case of default-If lessee fails to comply with any provisions of this lease. and the noncompliance continues for 30 days after written notice thereof, this lease sball be subject to cancellation unless or until the leasehold conlains 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 communitization agreement which contains a well capable of production of unitized substances in paying quantities. This provision shall nol be construed to prevent the exercise by lessor of any other legal and equitable remedy. including waiver of the defaull. 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 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. and every benefit hereof shall inure to the heirs. executors, administrators, successors, beneficiaries. or assignees of the respective parties hereto, OOO:~S8; DEPARTMENT OF THE IN 1tŒIOR BUREAU OF LAND MANAGEMENT COMPETITIVE OIL AND GAS OR GEOTHERMAL RESOURCES LEASE BID 30 U.S.C. 181 at seq.; 30 U.S.C. 351-359; 30 U.S.C. :1001-1025; 42 U.S.C. 6508 PARCEL NUMBER TH,KBID IS <FOR (Check one) ,: ~:Oiland(Gas Parcel N~mber {51 D 'Geothermal Parcel N,umber Name of Known Geothermal Resource Area (KGRA) FORM APPROVED OMB NO. 1004-0074 Expires: May 31, 2000 êOG:1S9 State Date Of'(~ 1/ () I '\tJ AMOUNT OF BID (See Instructions below) PA YMENT SUBMlTIED WITH BID ' TOTAL BID ~¡{.,o ( k ' , CERT'F'ED . d omparative copy to b~f ~h~U~fff~al 7ecords on file ~UG ./l ~.. .', ~" I{' / ,. '.'. / / .' ~;"tf:i I 1: /,·/'Ç-Z¿ UREÄÚ OF LÄND MANAGEMENT T,he a~wropriate regulations, applicable to this bid are: ( l).for oil and gas leas,e,s-:-43 CFR3120; (2) for National Petroleum Reserve-Alaska (NPR-A) leases-43 CFR 3132; and (3) for Geothermal 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 appIlcable regulations for this bid. I CERTIFY THA Tthis bid is notiJ;l violation of 18 U.S. C. 1860 which prohibitsunlawful comþination or intimidation of bidders. I further certify that this bid was arrived at independently and is tendered without collusion with any other bidder for,the purpos~, of restricting competition., , ' , IMPORTANT NOTICE: Execution of this form, where the offer is the high bid, constitutes a binding lease offer, including all a conditions. Failure to comply with the applicable laws and regulations under which this bid is made shllll result in rejection of th all monies submitted. ",.' , _~~ ~ ~fvÆht1, L~c. ~~J '"... ' (') A '. . Print or~e ~ame of Lessee / PO \¿)()C ~ 2-D C~() J ~ ~ °C{7e , ~ state'i ~ 7-DO '3 Zip Code Signature ,of Lessee or Bidd INSTRUCTIONS INSTRUCTIONS FOR Oil AND GAS BID (Except NPR-A) I. Separate bid for each parcel is required. Identify parcel by the parcel number assigned in th~ Notice of Competitive Lease Sale. 2. Bid must be accompanied by the national minimum acceptable bid, the first year~s r~ntal and the administrative fee. The remittance must hein the form specified in 43 CFR 3103.1-1. The remainder of the bonus bid, if any, 'must be submitted tothe proper BLMoffice 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. Ifbidder is not the sol~party in interest in theleasefor which the bid is submitted, all other parties in interest maybe reqúired tò furnish evidence of their qualifications upon written request by the authorized officer. ' , 4. This bid may be,executed(signed) before the orajauction. If signed before the oral auctio'n, this form 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 Bureau of Land Management at the oral auction. INSTRUCTIONS FOR GEOTHERMAL OR NPR-A Oil AND GAS BID 1. Separate bid for each parcel is required. Identify parcel by the number assigned to a tract. 2. Bid mU,stbe accompanied by one-fifth of the total amountofbid. The remittance must .be in the,Jormispecified in 43CFR)220.4.for a Geothermal Resources bid.and3132.2for a NPR·Alease bid. 3. Mark envelope Bid for Geotþermal 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 maybe 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 BLMofficeorplaceindicated in the Notice of Competitive Lease Sale. . 5. If bidder is not the sole party in int<;rest in the lease for which bid is submitted, aJ] other parties in intéfest maý be required to furnish evidence of their qualifications upon written request by the authorized officer. (Conlinued on reverse) 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 to make to any deparlment or agency of the United States any false, fictitious, or fraudulent statements or representations as to any matter within its jurisdiction. OFFICIAL FILE COpy Form 3000..2 (July 1997) "'., ;.j '",:; .... u~ . ¡. . , .' ''-~ .'.- QUALIFICATIONS 00&160 , For leases that may be issued, as a result of this sale under the Mineral Leasing Act (The Act) of 19211"as amended; the oral bidder mus.t: (I) Be a citizen of the United States; an association (including partnerships and trusts) of such citizens; a municipality; or a corporation organized under the laws of the UnitedStates or of any State or Territory thereof; (2)Be in compliance with acreage IÍtriiiation requirements \yhereinthe bidder's interests, direct and indirect, in oil and gas leases in the State identified do not exceed 246,080 acres each in public domain or acquired lands including acreage covered;by this bid, of, which not more than 200,000 acres are under options. If this bid is submitted for lands in Alaska, the bidder's holdings in· each. of the Alaska leasingdistdctsdø not exceed 300;000 acres, of which no mon: than200,000 acres are'underoptionsin 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 reclamationrequiremep.ts for all Federa.l oil and gas. holdings as required by s~c. 17, ofthe Act; (5) Not ~ein violation of sec. .41 of the Act; and (6) Certify that all parties in interest iri' this bid are in compliance with 43 CFR Groups 3000 and JIQQ and the leasing authorities cited herein. . ". j'. ,. ','" - "NOTICE " . ..~~. The Privacy Act of 1974and.~th'e regulation in 4JCFR 2.48(d) provide that yòu be (unjislied the fol1è.>wingiñfQiïnation in connection with informati~n required by this-bidfor.,'a" COll1petitive Oil and Gas or Geotherm;Ù,.Reseli[e,~;hLease;' . ,.I~- ! ',¡ " .. '.',,, ,', ,. j " AUTHbRITY:'30~ U.S.c. 181 et seq.; 30 U.S.c. 351-359; 30 U.S. c.. 100J:-IÇ25Atb.s.c. 6508' .' ,.,,'. ,'. ,.., >' :.). ~..d J ','> .... _. .. .' ¡~ ;.~ . .'!..Lt..: ;-, :1.,... PRINCIPAL PURPOSE: Thë information is to be used to process your bid. ' ..,." '. . " .!,... :.. i¡ , '. " ,!'. .) :' ~ For leases that may be issued:li.s a result of this sale under the Geothermal'SteamAct 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 acrèage 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 co,mpliance with 43 CFR Group 3200 and the leasing authority cited herein. For leases ,that may. be isslled. as a res lilt of t~is sllle under the Department of· the Interior Appropriations Act of 1~81,tbe bidder must: (1) Be a citizen or national.o[.the United States¡,an alien lawful1y admitted for permanent residence;' a' private, pqblic or municipal corporation organized under the laws of the United States or of any State or Territory thereof; anasso,ciation of such citizens, nationals, resident 'aliens or private, public or municipal corporations, and (2) Certify that all parties ininterest,in'this bid are, in compliance with 43 CFR Part 313qand th~, Ie,~singauthoritiesc.it~dherein. ~ I ¡' Vi~ . ROUTINE USES: (I) The adjudication of the bidder's right to the resources for which this bid is made. (2) Documentation for public information. . (3) :rans~.~( to,appr.o.p. .r. iat.e Fe.de~al ii.g. èÏÏê~~ W. he~ C...omment or con~~rr~nc~\J§.:.~~;tlTe~ ~q,O}::J:?,$fffl.tmga(Q~ht 1..n{~"~,bl!H;!~_~~s or resoùr,c*·~4.KfjJ,lnformatlOfi ~om¡t;he'r~~ord and7'9r~~e~ec0r.~,~:.~, be transfehí:d"td appropriate !Fédenr.l, State, local''''pffc;¡)'elgn ageijpes, ,~hen reteXí1~tto ciyil, ,c~iminal or regplator~jn,ve;~i*ations?r pro~ecu- tlOns. \.' EFFECT OF NOT PROVIDING INFORMATION: Dis,closure of the .informati~'n¡s Y9iuntary. Iral1tbe infor~ation is not'provided, your bid 'måybeiejedêð. ','" . . ..";" . ;:(;., '';''''1''' , .; , '.' ;, ".' ..." . I" ..' . - :' ( ,..'. ' , "'. ".. ;, _ 1 ';' ~ . The Rapenvork Reducti<?n Actof 199,~.c44 U.S.C. .3501et m:q,) requíres ustqinform you t,hat: This infònnatiõñ iš'beirig collected iñ aëCordance with 43 CPR 3120, 43 CPR 3130, or 43 CFR 3220.. This information will be used to determine the bidder submitting the highest bid. Respon~e to this rec¡uest is ~quired to, obf~n a benefit., BLM Iy,ould HIre, YO~itO know, that you do not have to respond to this or any other Federal agency-sponsored infonnation collection unless it displays a cWTently valid OMB control number. , .1:1,\,:'1\", BURDEN HOURS STATEMENT ,¡>~blic reporting burden for this fonn is estimated to average 2 hours per response including the time for reviewing instructions. gRthering Wid' iiiaintaining data, and ,cOmpleting'-andreviewing the' fonn. Direct comments regarding the burden estimate or any other aspect ofthis,fonn to U.S. Department of the Interior, Bureau of La.nd Management, Bureau Clearance Officer (WO-630), 1620 L Street, Washington, D,C. 20036 and the Office of Management and Budget, Desk Officer for the Intenor Dep~en4 Office ofRegulatoryAffairs (1004-0074). Washington, D.C. 20503. , , .. (~ . ~.¡ , -u; ìI~ ~ WI] k ,ø" ..) V It... '..J OOü1.61. 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. ~\'II) Qº,~~ 10 be a truefl~n\a\ ~~cofd8 em '\\1) . ~ otthe 0 IC ¿UG 'l.~QO~ // , j_tk¡(j~$a\l BUR£ÄU Of l~\) '. ·JL ¡Ny ~ .l' 0 2 8 LEASE NOTICE NO.1 ,,' 0 '-("'1.6 "'> J v ' ~W Under Regulation 43 CFR 3101.1-2 and tenns 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, ifabsolutely 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 114 mile of occupied dwellings. 6. Material sites. GUID.ANCE: 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 wìll be prohibited unless or until the pennittee' 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 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 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 wìll not interfere materially with ,the use of the area as a materials site/free use permit. At the time operations on the above lands are commenced, notification will be made to the appropriate agency. The name of the appropriate agency may be obtained from the proper BLM Field Office. CERTIFIED to be a true and comparatIve gOpy of the official records on fIIo ;AUG 1) 1~998 . '. 1"'['/ {i/ BUR£AUOflANn·MÁ~AGEMEN-r. ..,.... iii" ..." -. ....."" _ ~...... LEASE NOTICE NO.2 BACKGROUND: 00&163 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. ::'vIormon 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 ~ational Trails System Act. Additionally, Executive Order 13195, "Trails for America in the 21"' Century," signed January 18, 2001, states in Section I: "Federal agencies will...protect, connect, promote, and assist trails ofall types throughout the United States. This will be accomplished by: (b) Protecting the trail conidors 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 conuibuting to the historic significance of the trails. Additional National Historic Trails will likely be designated amending the National Trails System Act. When these amendments occur, this notice will apply to those newly designated National Historic Trails as well. STRATEGY: The BLM will proceed in this objective by conducting a viewshed analysis on either side of the designated centerline of the National Historic Trails in Wyoming, except, at this time, for the Nez Perce Trail, for the purpose of identifying and evaluating potential impacts to the trails. their associated historic landscapes, and their associated historic features. Subject to the viewshed analysis and archaeological inventory, reasonable mitigation measures may be applied. These may include, but are not limited to, modification of siting or design offacilities to camouflage or otherwise hide the proposed operations within the viewshed. Additionally, specification of interim and final reclamation measur~s 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 (Pol. 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, ~ 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 tbis lease notice is a predecisional action, necessary until final decisions regardiDg suñace disturbiDI restrictions are made. Final decisions regarding suñace disturbing restrictions will take place witb full public disclosure and public involvement over the next several years if BLM determines tbat it is necessary to amend existing land use plans. GUIDANCE: The intent of this 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 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. CERTIFIED TIllS NOTICE APPLIES TO ALL PARCELS to be a true and comparative copy of the official records on file ,jUG ~} ~~8 ,'~?M-~?'r BUREAU OF LAND MANAGEMENT U!ÿ' MH 0 2 " 'ff iV.Ji..JJ d THIS STIPULATION APPLIES TO ALL PARCELS 0001.64 '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 sentto the Director ofFWS 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 confinned to nest in every county. Even though they arrive in early April and complete their nesting by the middle ofJuly, alteration of habitat throughout the rest of the 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 me land encompassed in the lease parcels described in the December 4, 2001, Notice a/CompetitiVe Oil and Gas Lease Sale contain habitat for the mountain plover and have been designated as such. Most of me parcels have not been specifically inventoried for the presence or absence of mountain plovers, so reliable information is not available at this time. TIlls information notice is to alert potential purchasers mat all 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. If the birds are men 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 section 6 of the Lease Terms for additional information regarding threatened or endangered species. CERT\F\ED _ am.\I'It QOpy to be a trueffB¡I),ad, ~~~lrda 0\'\ 1\16 otthe 0 c ',__AUG t,2./Z00! /) ./. ([ /(/:7 BUí\~Õfli&t(~EN1 WYW155028 TIMING LIMITATION STIPULATIONS - TLS OOû1.65 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 1 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. , CERTiI~& to be a true and compAm·~~·Ip.O¡W of the officIal r$oorQs on II e .-~UG ) 2~~g~. // .:-:;æt{~r@t1i~¿:: ,,_ '.'": BUREAU OF LAND MA¡~C~r'¡¡~~f\~ I 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 I or FS Manual 1950 and 2820.) II1r r; Ïi'~ J.>., .-i ,j U c.. 0- 00û1.G6 NOTICE TO LESSEE Provisions of the Mineral Leasing Act (~A) of1920, as amended by the Federal Coal Leasing Amendments Act ofl976, affect an entity's qualifications to obtain an oil and gas lease. 'Section 2(a)(2)(A) of the 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-Iength assignment, relinquishment, or logical mining unit, the initial lessee as assignor or as transferor is no longer in compliance with Section 2( a)(2)(A). The assignee, sublessee or transferee does not qualify as a bona fide purchaser and, thus, has no rights to bona fide purchaser protection in the event of cancellation 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. ~RT\F\ES\VI!J aopy to bgt Th~u~flf~~, ~~~!r~1I on nit\! , ,UG %~ 2~Oß" ~::;/¡ B_A~~itíGEMEM1