HomeMy WebLinkAbout943827
Form 3100·11b
(October 1992)
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
OFFER TO LEASE AND LEASE FOR OIL AND GAS
Serial No.
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00071.7
The undersigned (reverse) offers to lease all or any of the lands in Item 2 that are available for lease pursuant to the Mineral Leasing Act of 1920, as amended and supplemented (30 U,S,C, 181
et seq,), the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 u,s,c. 351-359). the Attorney General's Opinion of April 2, 1941 (40 Op. Atty, Gen. 41). or the
READ INSTRUcnONS BEFORE COMPLE11NG
Fulurc rcnlal paymcnts Illusl bc mauc
on or bcfore lhc annivcrsary ualc lo:
Mincrals Mana~cmcnl Scrvice
Royalty Manag~lllcnl Pro~ralll
P.O. Uox 5640 "
Dcnvcr, CO 80217
I, Name
FITZSIMl'viONS LLC
2201 CABIN COURT
City, State, Zip Code GIIJLETE, WY 827185244
Street
2, This application/offer/lease is fot: (Check only One)XO PUBLIC DOMAIN LANDS 0 ACQUIRED LANDS (percent U,S, interest
Surface managing agency if other than BLM: Unit/Project
Legal description of land requested: 'Parcel No,: 'Sale Date (m/d/y):~ / ~ / ~
'SEE ITEM 21N INSTRUCTIONS BELOW PRIOR TO COMPLETING PARCEL NUMBER AND SALE DATE.
T, R, Meridian State County
Amount remitted: Filing fee $
Total acres applied for
Total $
Rental fee $
DO NOT WRITE BELOW THIS LINE
3, Land included in lease:
T .025f)J~!
R, í. j ; ¡¡YVI/
Meridian ¡,kit¡¡¡
State\\¡ \
County 1,)5.\(1,;111
1. ~) S~~C. ~t~0 l).)I~ 2!>J,12:.1J~J3~
RECEIVED 11/25/2008 at 2:31 PM
RECEIVING # 943827
BOOK: 709 PAGE: 717
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
'}t"¡,·GOG'
Total acres in lease
Rental retained $ 1 ~. /1. (i C
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' term indicated below, subject to renewal or extension in accordance with the appropriate leasing authority. Rights granted are subject to
applicable laws. the terms, conditions, and attached stipulations of this lease, the Secretary of the Interior's regulations and formal orders in effect as of lease issuance, and to regulations and formal
orders hereafter promulgated when not. inconsistent with lease rights granted or specific provisions of this lease,
NOTE: This lease is issued to the high bidder pursuant to his/her duly executed bid or nomination fonn subnùtted under 43 CFR 3120 and is subject to the provisIons of that bid or
nomination and those specified on this form.
\0 Competitive I"""e (ten yeam)
<: J~t~'f.
:HEUNmD7!;;:z ~
gning 0 . .
.î::.nmr'h <it Ji(lIJd Mmm·aV:Adjm¡¡"):".hnp "0\1 1 9 2008
(Title) 0 E C 0 1 2008 (Date)
EFFECTIVE DATE OF LEASE
Type and primary term of lease:
o Noncompetitive lease (ten years)
o Other
(COlllinued on reverse)
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_ _ _ __ _______________ ____ ____________________________ .__ _____________c._____________________~______
....... \0') ...................J&J"-'U """I.UUI.O UJUL \..J..) VU~I.Vl UP d .....UL.~tJ VI. Lljt;; UHtLCU ...HdI.Cð, ~UJ tt::;~Ul.'ldLlUIJ UL ~UCIJ \;ILJ¿C[J,s; it WWJJl.:Jp¿lIHY; or a corpomLlon orgamzca unoer [ne JaWS or ln~_.}-An [oo·;:,)La[es or~o[ any
State or Territory tilereof; (2) all parties bolding an interest in tbe olIer are in compliance Witil 43 CFR 3100 and tile leasing autilorities; (3) o[[erm's chargeable interests, direct and indirect, in C<lch
public domain and acquired lands sepHrately in ti]e same State do not exceed 246,080 acres in oil and gHs 1",,'\Scs (of which up to 200,000 acres may be in oil and gas options). or 300,000 acre.. in
I"""es in ""ch I""sing District in Alaska of which up to 200,000 acres may be in options, (4) o[[emr is not cornldered a minor under U,e laws of tbe StHte in which the lands covered by tills olIer arc
located; (5) nffcror is in compliance Witil qlmlific.1tions concerning Federal coall""se holdings provided in sec, 2(a)(2)(A) of the Mineral Le?sing Act; (6) offeror is in compliance wilh reclamation
requiremenls for all Federal oil and gas lease boldings as required by sec. 17(g) of tile Mineral Lc.'\Sing Act; and (7) olIeror is not in violation of sec. 41 of U,C Act.
(b) Undersigned agrees tbat signatw-e to Ulis offer constitutes acccptance of tbis 1c.'\Se, including alltenns. conditiorn. and stipulations of which offeror has been given notice, and any amendment
or separate lease that may include any land described in this oITcr open to leasing at the time this offer was filed but omillcd for any reason from this leasc, 11,e offeror further agrees Umt this oITer
cannot be wiU,drawn, either in whole or in part, unless the withdrawal is received by U,e pmper BLM St.1te Office before this lease. an amendment to ti]is I"",se, or a separate leHse, whichever covers
the land described In the witi][Jrawal, h,,'\S been signed on behalf of lhe UnHed StHtes,
This orrer will be .rejeded and will arrord oUeror no priority if it is not properly completed and executed in accordance witb tbe regulations, or if it is not accompHDied by tbe required
paymenls. 18 V.S.C. See. 1001 makes It a crime for ØJlY person knowingly and willfully 10 make to any Department or ..gency oHbe United States IIßY false, netitinus or f....udulent statements
or representa1ions as to any matter witlJln ils jurisdiction.
Duly cxecuted this
day of
LEASE TERMS
Sec, I, Rentals-Rentals shall be paid to proper office of lessor in advance of each lease ycar.
Annual rental rates per acre or fraction thereof arc;
(a) Noncompetitive lease. $1.50 for the first 5 years; thcreafler $2.00;
(b) Competitive lease, $1.5U; for U,e first 5 y=; thereafter $20U;
(c) Other. see attachment, or
as specified in regulations at the time this leasc is issued.
If this lease or a portion thereof is committed 10 an approved cooperative or unit plan which
includes a well capable of producing leased resources. and Ule plan conrnins a provision for
allocation o{production. royalties shall be paid on UIe production allocated to Uùs lease. However,
annual rentals shall continue to be due at Ule rate specified in (a), (b), or (c) for U10se lands
not within a participating area.
Failure to pay annual rental, if due, on or before the anniversary date of tilis lcase (or next
official working day if office is closed) shall automalically tenninate this lease by operation of
law, Rentals may be waived, reduced, or suspended by the Secrernry upon a sufficient showing
by lessee,
See, 2, Royalties-Royalties shall be paid to proper office of lessor. Royalties shall be compuled
in accordance with regulations on production removed or sold, Royalty rates are;
(a) Noncompetitive lease, 12 'h %;
(b) Competitive lease. 12 'h %;
(c) Other. see alrnchment; or
as specified in regulations at the time this leasc is issued.
Lessor reserves the right to specify wheUler royalty is to be paid in value or in kind, and thc
right to establish reasonable minimum values on products afler 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 merchanrnble condition on tile premises
where produced without cost to lessor. Lessee shall not be required to hold such prodoclio"
in storage beyood the last day of the monUI following Ule monUI in which production occurred,
nor shall lessee be held liable for loss or destruction of royalty oil or oUler products in storage
from causes beyond the reasnnable control of lessee.
Minimum royalty in lieu of rental of not less than the rental which oUlerwise would be required
for that lease year shaH be payable at the end of each lease year begÍlming on or afler a discovery
in paying quantities, This minimum royalty may be waived. suspended, or redoced, and the
above royalty rates may be reduced. for all or portions of Utis I""se if UIC Secretary detennines
that such action is necessary to encouragc the greatest ultimate recovery of the leased rcsources,
or is otherwise justified,
An interesl charge shalJ be assessed on late royalty payments or underpayments in accordance
with Ule Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) (30 U ,S.C. 170 I).
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 Ule part of the operator. or due to U]e failure to comply
with any rule, regulation, order, or citation issued under FOGRMA or Ule leasing auUlorily.
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 reasonabie
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 thc 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 Icssor.
Sec. 5. Documents. evidence, and inspection-Lessee shall me wiUI proper office of lessor,
not later Ulan 30 days afler effective date thereof. any contract or evidencc of other arrangement
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, aod amount used for production purposes or unavoidably lost. Lessee may
be required tn provide plats and schematic diagrams showing development work and
improvements. and reports wiUI respect to parties in interest. expenditures, and depreciation
costs, In the fonn 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 funùsh copies to lessor
when required. Lessee shall keep open at all reasonable tin,es for inspection by any auU10rized
officer of lessor . 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 all contracts, sales agreements. accounting
records, and documentation such as billings. invnices. or similar documcntation UJat supports
,19_,
(Signature of Lessee or Attorney-in-fact)
costs claimed as manufacturing. preparation, and/or transporrntion costs. All such records shall
be maintained in lessee's accounting offices for future audit by lessnr. 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 records by lessor.
During cxistence of this I""se. infonnation obtained under tilis section shall be closed to
inspectinn by U,e public in accordance wiUI tile Freedom of lnfonnation Act (5 U.S,C, 552),
See, 6. Conduct of operations-Lessee shall conducl 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 decmed necessary by lessor to
accomplish tile intenl of this section. To the extent consistent witil lease rights granted, such
measurcs may Íllclude. but are not limited to, modification 10 siting or design of facilities, timing
of operations, and specification of interim and final reclamation measures. Lessor reserves the
right to continue existing uses and to authorize future uses upon or in tile leased lands, including
UIC approval of easements or rights-of-way. Such uses shall be conditioned so as to prevent
unnecessary or unreasonable interference wiUI rights of lessee.
Prior to disturbing the surface of the leased lands. Jessee shalJ contact lessor to be apprised
of procedures to be followed and modifications or reclamation measures that may be necessary.
Areas to be disturbed may require inventories or special studies to determine the extent of impacts
to other resources. Lessee may be required to complete minor inventories or short tenn special
sludies undcr guidelines provided by lessor. If in Ule conduct of operations. threatened or
endangered species, objects of hisloric or scientific interest, nr substantial unanticipated
environmental effects are observed, lessee shalJ 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 gr""ler til8n those associated wiUI nonnal drilling operations, lessor
reserves U]e right to deny approval of soch operations.
Sec, 8. Extraction of helium-Lessor reserves !he 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 provisiollS
of UJÎs section.
Sec. 9. Danlages to property-Lessee shall pay lessor for damage 10 lessor's improvements,
and shall save and hold lessor harl1Ùess from all claims for damage or hann to persollS nr property
as a result of lease operations.
Sec. 10. Protection of diverse inleresls and equal opportunity-Lessee shall; pay when due all
taxes legally assessed and levied under laws of the Stale or the United States; accord all employees
complete freedom of purchase; pay all wages alleast twice each month in lawful money of the
United States; maintain a safe working enviromnent in accordance wi!h standard industry practices;
and talæ measures necessary to protecl tile healUI and safety of the public.
Lessor reserves U]e right to ensure that production is sold at reasonable prices and to prevent
monopoly. If lessee operates a pipeline, or owns controlling interest in a pipeline or a company
operating a pipeline, which may be operated accessible to oil derived from these leased lands,
lessee shall comply with section 28 of Ule 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 Ule Secretary of Labor issued pursuant thereto, Neither
lessee nor lessee's subconlractors shall maintain segregated facilities.
Sec. II. Transfer of lease interests and relinquishment of lease-As required by regulations,
lessee shall me with lessor any assignnJent or other transfer of an interest in Ulis lease, Lessee
may relinquish this I""se or any legal subdivision by ming in the proper office a written
relinquislunent, which shall be effective as of the date of f¡Jing, subject to U]e continued obligation
of !he lessee and surety to pay all accrued rentals and royallies.
Sec. 12, Delivery uf premises-At such time as all or portions of tilis lease are returned to lessor,
lessee shall placc affected wells in condition for suspension or abandonment. reclaim the land
as specified by lessor and, within a reasonable period of lime, remove equipment and
improvements nol decmed necessary by lessnr for preservation of producible wells.
Sec. 13. Proceedings in case of default-If lessee fails to comply wiUI any provisiollS of this
lease, and Ute noncompliance continues for 30 days after written notice thereof. this lease shall
be subject to cancellalion unless or until the I""sehold contains a well capable of production
of oil or gas in paying quantilies, or the lease is conunitted to an approved cooperative or unit
plan or communitization agreemenl which contains a well capable nf production of unitized
subsrnnces ill paying quantities. This provision shall nol be COIIStrued to prevent the exercise
by lessor of any oUler legal and equirnblc remedy. including waiver of the default, Any such
rcmedy or waivcr shall not prev.ent later cancellation for tile same default occurring at any oU,er
time. Lessee shall be subject to applicable provisiollS and penalties ofFOGRlvIA (30 U.S.c. 1701),
Sec. 14. Heirs and successors-in-intcrest-Each obligation of this lcase 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.
GO{)..~;¡~
(:0071.8
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_ FófiTI 1ÓOt,:'2
(JaniJary 2007)
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
COMPETITIVE OIL AND GAS OR
GEOTHERMAL RESOURCES LEASE BID
30 U.S.C. 181 at saq.; 30 U.S.C. 351-359;
30 U.S.C.1001-1025; 42 U.S.C. 6508
FORM APPROVED
OMB NO. 1004-0074
Expires: December 31 , 2009
State
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Date of Sale
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TOTAL BID
AMOUNT OF BID (see instructions below)
PA YMENT SUBMITTED
WITH BID
PARCEL NUMBER
Tiffi Bl'DCIS~FØR":(chè~1t:15jje).·
~il and Gas Parcel Number
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DGeothennal Parcel Number
Name of Known Geothennal Resource Area (KGRA)
The appropriate regulations applicable to this bid are: (I) for oil and gas leases--43 CFR 3120; (2) for National Petroleum Reserve-Alaska (NPR-A)
leases--43 CFR 3132; and (3) for Geothennal resources leases--43 CFR 3220. (See details concerning lease qualifications on next page.)
I CERTIFY THAT I have read and am in compliance with; and not in violation of the lessee qualification requirements under the applicable
regulations for this bid.
I CERTIFY THAT this bid is not in violation of 18 U.S.CO 1860 which'pronibits unlawful combination or intimidation of bidders. I further certify that
this b\d was arrived at independently and is tendered wit~9l!t collusion, witl~, aµy other bidder for the purpose of restricting competition.
IMPORTANT NOTICE: Execution of this fonn where the offer is the high bid, constitutes a binding lease offer including all applicable tenns and
conditions. Failure to comply with the applicable laws and regulations under which this bid is made will result in rej~ctjQñ ofthe)'!id and forfeiture of
all monies submitted. , . /_'-¡ // ..._.......-- .../.f:'-" /<. ,/
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Pnnt or Type Na~e of Lessee /7 ' .__. . /~/ . Slgnatuyé of'Lessee or)3ßder
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Address of Lessee /
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INSTRUCTIONS FOR OIL AND GAS BID
(Except NPR-A)
I. Separate bid for each parcel is required. Identify parcel by the parcel
number assigned in the Notice of Competitive Lease Sale.
2, Bid must be accompanied by the national minimum acceptable bid, the
first year's rental and the administrative fee. The remittance must be in
the fonn specified in 43 CFR 3103.1-1. The remainder of the bonus
bid, if any, must be submitted to the proper Bureau of Land
Management (BLM) office within 10 working days after the last day of the
oral auction. Failure to submit the remainder of the bonus bid
within 10 working days will result in rejection of the bid offer and
forfeiture of all monies paid.
3. If the bidder is not the sole party in interest in the lease for which the
bid is submitted, all other parties in interest may be required to furnish
evidence of their qualifications upon written request by the BLM.
4. This bid may be executed (signed) before the oral auction. If signed
before the oral auction, this fonn cannot be modified without being
executed again.
5. In view of the above requirement (4), the bidder may wish to leave the
AMOUNT OF BID section blank so that final bid amount may be
either completed by the bidder or the BLM at the oral auction.
INSTRUCTIONS
INSTRUCTIONS FOR GEOTHERMAL OR
NPR-A OIL AND GAS BID
I, Separate bid for each parcel is required. Identify the parcel by the
number assigned to a tract.
2. Bid must be accompanied by one-fifth of the total amoW1t of the bid.
The remittance must be in the fOml specified in 43 CFR 3220.4 for a
Geothennal Resources bid and 3132.2 for a NPR-A lease bid.
3. Mark the envelope "Bid for Geothennal ResburcesLè~se" in (Name
of KGRA) or "Bid for NPR-A Lease," as appropriate. Be sure correct
parcel number of tract on which the bid is submitted and date of bid
opening are noted 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 the 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
fumish evidence of their qualifications upon written request by the
BLM.
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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 department or agency of the United States
any false, fictitious or fraudulent statements or representations as to any matter within its jurisdiction,
(Continued on page 2)
OPTIONAL USE COpy
QUALIFICATIONS
.....
For leases that may be issued al) a J"esult oUhis sale under the Mii1eml Leasing Act (The Act) of 1920; as amended, the ond
bidder' must: (1) Be a citizen of the United States; an association (including partnerships and trusts) of such citizens; a municipality;
or a corporation organized under the laws of the United States or of any State or Territory thereof; (2) Be in compliance with acreage
limitation requirements wherein the bidder's interests, direct and indirect, in oil and gm¡ 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 ar~
under options. If this bid is submitted for lands in Alaska, the bidder's holdings in each of the Alaska leasing districts do not exceed
300,000 acres, of which no more than 200,000 acre" 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 CPR Groups 3000 and 3100 and the leasing authorities cited herein.
For leases ttuJ:t may be bSlIcd a§ a result (J'f this sale unde!r t~e GcotBnenmd Steam Act oj[] 970, !i1J amemRed, the bidder nms~: (I)
Be a Citizen of the United States; an association of such citizens; a municipality; or a corporation organized under the laws of the
United States or of any State or Territory thereof; and (2) Be in compliance with acreage limitation requirements wherein the bidder's
interests, direct and indirect, do not exceed 51,200 acres, and (3) Certify that all parties in interest in this bid are in compliance with 43
CFR Group 3200 and the leasing authority cited herein.
Fm'liClRs£s that m!llY be issued as !!l result (J,r this saae '¡Hider the Deplu1mel!l1t of the hnte¡;iOlr AppI1'Opñn:rdJoli1lE> Act of 1931, tine
bhldei' mllmt: (1) Be a citizen or national of the United States; an alien lawfully admitted for pennanent residence; a private, public or
municipal corporation organized under the laws of the United Stales or of any State or Territory thereof; an association of such citizens,
nationals, resident aliens or private, public or municipal corporations, and (2) Certify that all parties in interest in this bid are in
compliance with 43 CFR Part 3130 and the leasing authorities cited herein.
NOTICES
The Privacy Act of 1974 and the regulation in 43 CFR 2.48(d) provide that you be fumished the following.information in
connection with information required by this bid for a Competitive Oil and Gas or Geothermal Resources Lease.
AUTHORITY: 30 U.S.C. 131 et seq.; 30 U.S.c. 351-359; 30 U.S.c. 1001-1025; 42 U.S.C. 6508
PRINCIPAL PURPOSE: The information is to be used to process your bid.
ROUTINE USES: (1) The adjudication of the bidder's right to the resources for which this bid is made. (2)
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) Information from the record and/or the record will be
transferred to appropriate Federal, State, local or foreign agencies, when relevant to civil, criminal or regulatory
investigations or prosecutions.
EFFECT OF NOT PROVIDING INFORMATION: Disclosure of the information is voluntary. Ifall the infonnation is not
provided, your bid may be rejected.
The Paperwork Reduction Act of 1995 (44 V.S.c. 3501 et seq.) requires us to inform you that:
This infonnation is being collected in accordance with 43 CFR 3120, 43 CFR 3130, or 43 CFR 3220.
The BLM collects this information to detennine the bidder submitting the highest bid.
Response to this request is required to obtain a benefit.
The BLM would like you to know that you do not have to respond to this or any other Federal agency-sponsored
infonnation collection unless it displays a currently valid OMB control number.
BURDEN HOURS STATEMENT: Public reporting burden for this fonn is estimated to average 10 minutes per response
including the time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form.
Direct comments regarding the burden estimate or any other aspect of this form to U.S. Department of the Interior, Bureau
of Land Management (1004-0074), Bureau Infonnation Collection Clearan~'lðý!Y~~f'f.?-630), 1849 C Street, N.W., Mail
Stop 401 LS, Washington, D.C. 20240. ' .
(Fonn 3000-2, page 2)
1/6009
MULTIPLE MINERAL DEVELOPMENT STIPULATION
00072:1
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 \1 ~~ 11 ó U U 9
LEASE NOTICE NO.1
000722
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 fmal 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 belqw. 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 oflnterstate highways and 200 feet of other existing rights-of-way (i.e., U.S. and State
highways, roads, raihoads, pipelines, power1ines).
5. Within 1/4 mile of occupied dwellings.
6. Material sites.
GUIDANCE:
The intent of this notice is to infonn interested parties (potential lessees, permittees, operators) that when one or
more of the above conditions exist, surface disturbing activities will be prohibited unless or until the permittee or the
designated representative and the surface management agency (SMA) arrive at an acceptable plan for mitigation of
anticipated impacts. This negotiation will occur prior to development and become a condition for approval when
authorizing the action.
Specific threshold criteria (e.g., 500 feet 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 intermittent and ephemeral water sources or may be limited to
perennial surface water).
The referenced oil and gas leases on these lands are hereby made subject to the stipulation that the exploration or
drilling activities will not interfere materially with the use of the area as a materials 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
\Vy"'~76009
LEASE NOTICE NO.2
000723
BACKGROUND:
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 stmtegy
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 nomlally 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 2151 Century," signed
January 18, 2001, states in Section 1: "federal agencies will...protect, connect, promote, and assist trails of all types
throughout the United States. This will be accomplished by: (b) Protecting the trail corridors associated with
national scenic trails and the high priority potential sites and segments of national historic trails to the degrees
necessary to ensure that the values for which each trail was established remain intact." Therefore, the BLM will be
considering all impacts and intrusions to the National Historic Trails, their associated historic landscapes, and all
associated features, such as tmil traces, grave sites, historic encampments, inscriptions, natural features frequently
commented on by emigrants in journals, letters and diaries, or any other feature contributing to the historic
significance of the trails. Additional National Historic Trails willliIcely 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 tmils, their associated historic landscapes, and their associated
historic features. Subject to the viewshed analysis and archaeological inventory, reasonable mitigation measures
may bc 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 Environnlental Policy Act of 1969 (P.L. 91-
190; 42 V.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, liming, or reclamation requirements are
necessary. This strategy is necessary until the BLM detcrmines that, based on the results ofthe completed viewshed
analysis and archaeological inventory, the existing land use plans (Resource Management Plans) have to be
amended.
The use of this lease notice is a predecisional action, necessary until final decisions regarding surface
disturbing restrictions are made. Final decisions regarding surface disturbing restrictions will take place
with full public disclosure and public involvement over the next several years if BLM determines that it is
necessary to amend existing land use plans.
GUIDANCE:
The intent ofthis notice is to 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
wv W 17 6 009
SPECIAL LEASE STIPULATION
COv724
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 call110t be
successfully avoided, minimized or mitigated.
THIS STIPULATION APPLIES TO ALL PARCELS
COô725
WYW176009
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 Jul15;
On the lands described below:
(2) as mapped on the Kemmerer Field Office GIS database;
For the purpose of (reasons):
(3) protecting nesting Sage grouse.
Any changes to this stipulation will be made in accordance with the land use plan and/or the regulatory
provisions for such changes. (For guidance on the use of the stipulation, see BLM Manual 1624 and 3101 or FS
Manual 1950 and 2820.)
OOû726
WYW176009
TIMING LIMITATION STIPULATIONS - TLS
No surface use is allowed during the following time period(s). This stipulation does not apply to
operations and maintenance of production facilities.
(1) Nov 15 to Apr 30;
On the lands described below:
(2) as mapped on the Kemmerer Field Office GIS database;
For the purpose of (reasons):
(3) protecting big game on crucial winter range.
Any changes to this stipulation will be made in accordance with the land use plan and/or the regulatory
provisions for such changes. (For guidance on the use of the stipulation, see BLM Manual 1624 and 3101 or FS
Manual 1950 and 2820.)
000727
WYW176009
CONTROLLED SURFACE USE STIPULATION - CSU
Surface ocèupancy or use is subject to the following special operating constraints.
(1) Surface occupancy or use within 1/4 mile of a Sage grouse strutting/dancing ground will be restricted or .
prohibited unless the operator and surface managing agency arrive at an acceptable plan for mitigation of
aliticipated impacts;
On the lands described below:
(2) as mapped on the Kemmerer Field Office GIS database;
For the purpose of:
(3) protecting Sage grouse breeding habitat.
Any changes to this stipulation will be made in accordance with the land use plan and/or the regulatory
provisions for such changes. (For guidance on the use of the stipulation, see BLM Manual 1624 and 3101 or FS
Manual 1950 and 2820.)
û00728
WYW176009
CONTROLLED SURFACE USE STIPULATION - CSU
Surface occupancy or use is subject to the following special operating constraints.
(1) Surface occupancy or use within crucial big game winter range will be restricted or prohibited unless the
operator and surface managing agency arrive at an acceptable plan for mitigation of anticipated impacts. This
plan may include development, operations, as well as the number, location, and maintenance of facilities;
On the lands described below:
(2) as mapped on the Kemmerer Field Office GIS database;
For the purpose of:
(3) limiting winter access, protecting habitat quality, and preventing the loss of crucial big game winter range.
Any changes to this stipulation will be made in accordance with the land use plan and/or the regulatory
provisions for such changes. (For guidance on the use of the stipulation, see BLM Manual 1624 and 3101 or FS
Manual 1950 and 2820.)
VI. -- - 7 6 0 0 9
ATTACHMENT TO EACH LEASE
NOTICE TO LESSEE
0001'9
Provisions of the Mineral Leasing Act (MLA) of 1920, as amended by the Federal Coal Leasing
Amendments Act of 1976, affect an entity's qualifications to obtain an oil and gas lease. Section
2(a)(2)(A) ofthe MLA, 30 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 fTom 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 ofthis 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.