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HomeMy WebLinkAbout943828 Form 3100-llb (October 1992) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT OFFER TO LEASE AND LEASE FOR OIL AND GAS ~' .' ~JÏ~:~~~"~~ÔOü130 W VilA: j 7i;H 10 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 Anorney General's Opinion of April 2, 1941 (40 Op, Any, Gen. 41), or the READ INS1RUC'I10NS BEFORE COMPIEI1NG I. Name Frr7..8IMMONS LLC Street C.. Z· Cod 2201 C.ABIN COURT Ity Slate Ip e ." Gll,LETE, WY 827185244 Future rental payments must be made on or before the anniversary dale to: Minerals Management Service Royalty Management Program P,O. ßox 5640 Denver, CO 80217 2. This aþplication/offer/lease is for: (Check only One)XO PUBLIC 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 NUMBi!;R AND SALE DATE. T. R, Meridian State o ACQUIRED LANDS (percent U,S, interest Unit/Project ·Sale Date (m/d/Y):_ / ~ / ~ County RECEIVED 11/25/2008 at 2:43 PM RECEIVING # 943828 BOOK: 709 PAGE: 730 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Amount remitted: Filing fee $ Renlal fee $ Total acres applied for Total $ DO NOT WRITE BELOW THIS LINE 3, Land included in lease: T,()25!ìN R, J j gOW ;;;8\" 018 LtJT Jj OF TR :.,4; 0/'8 LOT ~ OF TR 5">:. \17.tì U~n.' 2 UF 'fR 'Ù; Meridian !.J()th Slate'WY County .i..JW';'Ol~¡, 7 .~~.~,; 7'5{j Total acres in lease Rental relained $ ~M.OO This lease is issued granting the exclusive right to drill for, mine. extract, remove and dispose of all the oil and gas (except helium) in the lands described in Item 3 together with the right to build and maintain necessary improvements thereupon for the tenn indicated below, subject to renewal or extension in accordance with the appropriate leasing authority. Rights granted are subject to applicable laws. the tenns, conditions, and attached stipulations of this lease. the Secretary of the Interior's regulations and fonnal orders in effect as of lease issuance, and to regulations and fonnal orders hereafter promulgated when not. inconsistent with lease rights granted or specific provisions of this lease. NOTE: TWs lease is issuec! to the Wgh bidder pursuBßI to Ws/her duly exe£uted bid or nomination ronn submitted under 4J CFR 3120 Bßd is subje£t to the provisions or that bid or nomination Bßd those specified 00 tWs ronn. :H' UNITEDrt~^~,~ ~ Ch:ícL Brandt oJ: FI&Jid MineflJ.Ìil A0JudiollÜOH NO V 1 9 2008 (Title) Type and primary tenn of lease: o Noncompetitive lease (ten years) '.'<0 Competitive lease (ten yea",) o Other EFFECTIVE DATE OF LEASE DEe 0 1 2008 (Dale) (Continued <.'n reverse) FOD LE-c:gW"¡¡: n ~ .t'.:~ .-------------------------------------------------------------------------~----------------_......_--------------------------------------------------------------------..-------.---------------------------------.--------------------------------------------- q.. ~a) unaerslgnCd certJ(Jes mat ~1) oneror IS a clUzen or me UnHed .:slates; an c1SsocmtJon or SllCl1 cmzens; a rnOOJClpalHY; or a corpOr.luon orgamzea unoer me JaWS or ft1~ unlteo ;:,uues or or any State or Terri Lory Lhere< - .-... "lies holding an interest in the orrcr are in compliance witl .- ~'m ~1oo and the leasing authorities; (3) offerors chargeable ili .. t and indireC~ in each public domain and aeql ep.1tately in U1e same Stale do not exceed 246,080 acres ¡ as 1"'15OS (of which up Lo 200,000 acres may be in oil aDC ). or 300,000 acres in leases in eacb leasing District in Alaska of whicb up Lo 200,000 acres may be in options, (4) offcror is not considered a minor W1der the laws of the State in which U1e lands covered by U1is offer are located; (5) offeror is in compliance wiU1 qualifications conccrning Fedcral coal b1se holdings provided in sec, 2(a)(2)(A) of the Mineral Leasing Ad; (6) offeror is iil compliance with reclamation requirements for all Federal oil and gas lease holdings as required by sec. 17(g) of the Mineral Le.15ing Act; and (7) offeror is not in violaLion of see, 41 of Ule Act. . (b) Unden;igned agrees !bat signature to this offer constitutes acceptance of U1is lease. including all Lerms, conditions, and stipulations of whicb offeror 11.15 been given notice, and any amendment or separate lease that may Include any land described in this offer open to leasing aL Lbc Lime this offer was filed but omitted for any reason from tbis 1"'15e, The offeror furLher agrees U1at this orrer cannot be withdrawn, either in whole or in part, unless the withdrawal is received by tbe proper BLM Sl.:'1te Office before this lea<;e, an amendment Lo Ulis lease, 'or a separate ICc'1Se, ~hichever covers tbe land described in the withdrawal, bas been signed on bebalf of the United States, TbIs oller will be .rejected and willallord olTeror no priority if it is not properly compteled and executed in accordance with the regulations, or if it is not IICcomplUlied by the required payments. 18 U.B.C. Sec. 1001 makes it a crime for any pel"!Kln knowingly and witlfuUy to mal<e to any Department or agency orthe United Slates any fmlsc, IIctitiOWi ur fraudulent SÙltements or representations lIS to any matter ~"¡thin its jurisdiction. Duly executed this day of ,19_. (Signature of Lessee or Attorney-in-fact) LEASE TERJ\otS Sec. I. Rentals-Rentals shall be paid to proper office of lessor in advance of each lease year. Annual rental rates per acre or fraction thereof are: (a) Noncompetitive lease. $1.50 for the first 5 years; Ulereafter $2.00; (b) Competitive lease, $1.5U; for the first 5 years; thereafter $20U; (c) Other, see attachment, or as specified in regulations at the time this lease is issued, If tltis lease or a portion thereof is committed to an approved cooperative or unit plan which includes a well capable of producing leased resources, and Ule plan contains a provision for allocation of production. royalties shall be paid on tloe production allocated to Uus 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 dale of tl1Ís 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 Ule Secretary upon a sufficienl showing by lessee, See, 2. Royalties-Royalties shall be paid to proper office of lessor. Royalties shall bc computed in accordance with regulations on production removcd or sold, RoyaHy rates are: (a) Noncompetitive lease, 12 Y, %; (b) Competitive lease, 12 Vz %; (c) OUler, see attachment; or as specified in regulations at the time this lease is issued, Lessor reserves the right to specify wheU1er royalty is to be paid in value or in kind, and Ule right 10 establish reasonable minimum values on products after giving lesscc 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 othetwise agreed to by lessor. in merchantable condition on the prenuses where produced without cost to lessor, Lessee shall not be required to hold such production in storage beyond the last day of the month following the month in which production occurred, nor shall lessee be held liable for loss or destruclion of royalty oil or other products in slorage from causes beyond Ule reasonable control of lessee. Minimwn royalty in lieu of rental of not less than the rental which othetwise would be required for that lease year shall be payable at the end of each lease year begimung on or after a discovery in paying quantities. This minimum royalty may be waived, suspended, or reduced. and the above royalty rates may be reduced. for all or portions of this lease if the Secretary determines that such action is necessary to encourage the greatest ultinlale recovery of the leased resources, or is othetwise justified, An inlerest charge shall be assessed on late royalty payments or underpayments in accordance with tile 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 tile part of the operator, or due to the failure to comply with any rule. regulation, order, or citation issued under FOGRMA or Ule leasing auUlOrlty. Sec, 3. Bonds-A bond shall be med and maintained for lease operations as required under regulations, See, 4, Diligence, rate of development, unitization, and drainage-Lessee shall exercise reasonable diligence in developing and producing. and shall prevent unnecessary damage to. loss of, or waste of leased resources, Lessor reserves right to specify rates of development and production in the public interest and to require lessee to subscribe to a cooperative or unit plan. within 30 days of notice, if deemed necessary for proper development and operation of area, field, or pool embracing these leased lands, Lessee shall drill and produce wells necessllry to protect leased lands from drainage or pay compcnsatory royalty for drainage in anlOunl determined by lessor. Sec. 5, Documents. evidence, and inspection-Lessee shall me witll proper office of lessor, not later than 30 days after effective date thereof. any contract or evidence of other arrangemcnt for sale or disposal of production, At such times and in such form 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 diagran1s showing dcvelopment work and improvements. and reports with respect 10 parties in interest, 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 3 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. inlprovements. machinery, and fixtures thereon, and all books. accounts, maps. and records relativc to operations, surveys, or investigations nn 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 coSls 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 Uley are generated or, ifan audit or investigation is undetway, until released of the obligation to maintain such records by lessor. During existence of this lease, information obtained under this section shall be closed to inspection by tI,e public in accordance wiUI the Freedom of Information Act (5 U.S.c. 552), Sec. 6, Conduct of operations-Lessee shaIl conduct operations in a manner that minimizes odverse impacts to the land, air, and waler, 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 tile intcnt of this section, To UIC extent consistent witll lease rights granted. such measurcs may includc, but are not limited to, modification to siting or design of facilities, timing of operations, and specification of interim and fi,tal reclamation measures. Lessor reserves thc right to conlinue existing uses and to autllOrize future uses upon or in the leased lands, including Ule approval of easements or rights-of-way, Such uses shall be conditioned so as to prevcnt unnecessary or unreasonable interference wiUI 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 inventories or special studies to determine the extent of impacts to other resources, Lessee may be required to complete minor inventories or short lcrm special studies undcr guidelines provided by lessor, If in U,e conduct of operations, threatened or endangered species, objects of historic or scientific interest, or substantial unanticipated environmental effects are observed, lessee shall inuncdiately contact lessor. Lessee shall cease any operations tlrat would result in the destruction of such species or objects, Sce. 7. Mining operations-To UIe extent that impacts from mining operations would bc substantially diffcrent or greater than those associated with nonnal drilling operations. lessor reserves the righl to deny approval of such operations, Sec, 8,. Extraction of helium-Lessor reserves the option of extracting or having cxtracted helium from gas production in a manner s¡r"..cified and by means provided by lessor at no expense or loss 10 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 improvemcllts, and shall save and hold lessor haffiÙess from all claims for damage or harm to persons or property as a resull of lease operations. Sec. 10. Protection of diverse interests and equal opportunity-Lessee shall: pay when due all taxes legally assessed and levied under laws of tile State or the United States; 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 wiUI standard indusby practices; and take measures necessary to protect the health and safety of the public. Lessor reserves the right to ensure Ulat production is sold at reasonable prices and to prevent monopoly. If lessee operates a pipeline, or owns controlling interest in a pipeline or a company operating a pipeline, which may be operated accessible to oil derived from these leased lands, lessee shall comply with section 28 of the Mineral Leasing Act of 1920. Lessee shall comply with Executive Order No. 11246 of September 24. 1%5. as amended, and regulations and relevant orders of Ule Secretary .of Labor issued pursuant thereto, Neither lessee nor lessee's subcontractors shall maintain segregated facilities. Sec. II. Transfer of lease interests and relinquishmenl of lease-As required by regulations. lessee shall me with lessor any assignment or other transfer of an interest in tlùs lease. Lessee may relinquish this lease or any legal subdivision by f¡Jing in the proper office a written relinquishment, wluch shall be effective as of the date of f¡Jing. subject to the continued obligation of the lessee and surety 10 pay all accrued rentals and royalties, Sec. 12. Delivery ofpremiscs-At such time as all or portions of this lease are returned to lessor, lessee shall place affected wells in condition for suspension or abandomnent. 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. L3. Proceedings in case of default-If lessee fails to comply with any provisions of Uus lease, and the noncompliance continues for 30 days after written notice thereof, tlùs lease shall be subject to cancellation unless or until tile leasehold contains a well capable of production or'oil or gas in paying quantilies, or tile 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 not be construed 10 prevent the exercise by lessor of any other legal and equitable remedy, including waiver of the default. Any such remedy or waiver sball not prevent later cancellation for tile same defaull occurring at any other tin1e. Lessee shaIl be subject to applicable provisions and penalties of FOGRMA (30 U,S.c. 1701). Sec. 14. Hcirs and sncccssors-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, snccessors. beneficiaries, or assignees of the respective parties hereto. COô7.3~Of~~~~iÜ Foro1 3000-2 (January 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 etseq.; 30 U.S.C. 351-359; 30 U.S.C.1001-1025; 42 U.S.C. 6508 .\'1 Y,. W 1 7 6 0 1 0 FORM APPROVED OMB NO. 1004-0074 Expires: December 31, 2009 ; State (..\j ~/ (,' - ~:. _ :1 _, <'; ..' "-,..... ";.- " OOû732 Date of Sale -. ,'--' r ¿?{ --;. ~ 0 £!'- TOTAL BID AMOUNT OF BID (see instructions below) PA YMENT SUBMITIED WITH BID PARCEL NUMBER THE BID IS FOR (check one): /' ~Oil and Gas Parcel Number .~ /"7' ..r~lW ,,;>(p DGeothermal Parcel Number Name of Known Geothermal Resource Area (KGRA) The appropriate regulations applicable to this bid are: (1) for oil and gas leases--43 CFR 3120; (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 next page,) I CERTIFY THAT'l ha'vt:! read aÌ1id ani in compliance with; and not in violation of the lessee qualification requirements under the applicable regulations for this bLd: , '.'" .. ' I CERTIFY 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 was arrived at independently and is tendered without collusion with any other bidder for the purpose of restricting competition. IMPORTANT NOTICE: Execution of this form where the offer is the hIgh bid, constitutes a binding lease offer inc1udin&ßl1 applj¡;able terms and conditions. Failure to comply with the applicable laws and regulations under which this bid is made will rQsult in r~j~cti~"'of the qitl and forfeiture of 11 . -~ /' -~, k" l' a m~~~es submitted. /" !J" <-:;/' ,,,,-'" / },~ / 71-z..r, /-1.'11/1-1 iJ "..1 J ¿ L C C,;;;v"'~t (./"1 /~~é:.-N'<¿~? Print or Type Name of Lessee ,./,/ Signature of Les.sée or Bidd71" , ¡ , //' / o~r.;,D f G&/¡ <:.0(.,' T /'/~ / Address of Lessee f/ / / c";'; (/t'ire City ( '11·/ ft"".l I State cP,;l 7/ J'-- Zip ~._ (Î 'r¿ ,. ;; '. \ '.':t.~i..:.:". "..: - INSTRUCTIONS FOR OIL AND GAS BID (Except NPR-A) 1. 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 day~ wiD 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 befoĊ“ the oral auction, this form 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 theBLM at the oral auction. INSTRUCTIONS INSTRUCTIONS FOR GEOTHERMAL OR NPR-A OIL AND GAS BID I. Sèparate 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 form speciified¡ini43 CFR '3220.4 for a Geothermal Resources bid and 3132.2 for a NPR-A lease bid. 3. Mark the envelope "Bid for Geothermal Resources Lease" in (Name of KGRA) or "Bid fòr 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 furnish evidence of their qualifications upon written request by the BLM. . . ~ ." ., _ Title 18 U.S.C. Section 1001 and Title 43 U.S.C. S'ection 1212 make it a crime for any person knowingly and willfully to make to any department or agency of the United Stales any false, fictitious or fraudulent statements or representations as to any matter within its jurisdiction, (Continued on page 2) OPTIONAL US~ COpy " } I - QUALIFICATIONS -.7&1 For leases that may be issued as a result of thi:'i sale under the Mineral Leasing Ad (The Ad) of 1920; as amended, the OI'aK 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 TerritOlY thereof; (2) Be in compliance with acreage limitation requirements wherein the bidder's interests, direct and indirect, in oil and gas leases in the State identified do not exceed 246,080 acres eaéh 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 leasing districts do not exceed 300,000 acres, of which no more than 200,000 acres are under options in each district; (3) Be in compliance with Federal coal lease holdings as provided in sec. 2(a)(2)(A) of the Act; (4) Be in compliance with reclamation requirements for all1Federal oil and gas holdings as required by sec. 17 of the Act; (5) Not be in violation of sec. 41 of the Act; and (6) Certify that all parties in interest in this bid are in compliance with 43 CFR Groups 3000 and 3100 and the leasing authorities cited herein. For leases that may be issued as a I.'csuli of this sale ulUde!!' the Geothcrman Steam Act of 197[Ð, as 1!lmemled, the bidder must: (1) Be a Citizen of the United States; an association of such citizens; a municipality; or a corporation organized under the laws of the United States or of any State or Territory thereof; and (2) Be in compliance with acreage limitation requirements wherein the bidder's interests, direct and indirect, do not exceed 51,200 acres, and (3) Certify that all parties in interest in this bid are in compliance with 43 CFR Group 3200 and the leasing authority cited herein. FiOiR' ¡e!ll§~§ tl1l1t may be i5Si.!cd as a re~mi~ of tltns s31ie m~der the Department of the hi-ten"nor Åppro})H'imtiollJls Ad: 011' 19fH, tltne bidder must: (1) Be a citizen or national of the United States; an alien lawfully admitted for permanent residence; a private, public or municipal coqJoration organized under the laws of the United States or of any State 01' Territory thereof; an association of sucñ 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 furnished the following infmmation in connection with information required by this bid for a Competitive Oil and Gas or Geothermal Resources Lease. AUTHORITY: 30 V.S.c. 181 et seq.; 30 U.S.c. 351-359; 30 U.S.c. 1001-1025; 42 U.S.C, 6508 PRINCIPAL PURPOSE: The information is to be used to process your bid. ROUTINE USES: (l) 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 fight 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 infonnation is voluntary. If all the infonnation is not provided, your bid may be rejected. The Paperwork Reduction Act of 1995 (44 V.S.e. 3501 et seq.) requires us to inform you that: This information is being collected in accordance with 43 CPR 3120, 43 CPR 3130, or 43 CFR 3220. The BLM collects this information to determine the bidder submitting the highest bid. Response to this request is required to obtain a benefit. TheBLM 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 form is estimated to average 10 minutes per response including the time for reviewing instructions, gathering and maintaining data, and completing and reviewing the fonn. 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 Information Collection Clearanco:tJI~~l9-630), 1849 C Street, N.W., Mail Stop 401 LS, Washington, D,C. 20240. (Fonn 3000-2, page 2) 000734 MULTIPLE MINERAL DEVELOPMENT STIPULATION Operations will not be approved which, in the opinion of the authorized officer, would unreasonably interfere with the orderly development and/or production from a valid existing mineral lease issued prior to this one for the same lands. THIS STIPULA nON APPLIES TO ALL PARCELS 16010 I '1 '.,,' ',' ? 6 0 1 0 .J'J h LEASE NOTICE NO.1 OOú735 Under Regulation 43 CFR 3101.1-2 and terms of the lease (BLM Form 3100-11), the authorized officer may require reasonable measures to minimize adverse impacts to other resource values, land uses, and users not addressed in lease stipulations at the time operations are proposed. Such reasonable measures may include, but are not limited to, modification of siting or design of facilities, timing of operations, and specification of interim and 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 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 oflnterstate highways and 200 feet of other existing rights-of-way (i.e., U.S. and State highways, roads, railroads, pipelines, powerlines). 5. Within 1/4 mile of occupied dwellings. 6. Material sites. GUIDANCE: The intent of this notice is to inform interested parties (potential lessees, permittees, operators) that when one or more of the above conditions exist, surface disturbing activities will be prohibited unless or until the permittee or the designated representative and the surface management agency (SMA) arrive at an acceptable plan for mitigation of anticipated impacts. This negotiation will occur prior to development and become a condition for approval when authorizing the action. Specific threshold criteria (e.g., 500 feet from water) have been established based upon the best 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. TIllS NOTICE APPLIES TO ALL PARCELS WYWlfOUlU LEASE NOTICE NO.2 BACKGROUND: 000736 The Bureau of Land Management (BLM), by including National Historic Trails within its National Landscape Conservation System, has recognized these trails as national treasures. Our responsibility is to review our strategy for management, protection, and preservation of these trails. The National Historic Trails in Wyoming, which include the Oregon, California, Monnon Pioneer, and Pony Express Trails, as well as the Nez Perce Trail, were designated by Congress through the National Trails System Act (P.L. 90-543; 16 U.S.c. 1241-1251) as amended through P.L. 106-509 dated November 13,2000. Protection ofthe National Historic Trails is nom1ally 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 trail traces, grave sites, historic encampments, inscriptions, natural features frequently commented on by emigrants in journals, letters and diaries, or any other feature contTibuting 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 measures may require relocating the proposed operations within the leasehold. Surface disturbing activities will be analyzed in accordance with the National Environn1ental Policy Act of 1969 (P.L. 91- 190; 42 U.S.c. 4321-4347) as amended through P.L. 94-52, July 3,1975 and P.L. 94-83, August 9,1975, and the National Historic Preservation Act, supra, to detennine if any design, siting, timing, or reclamation requirements are necessary. This strategy is necessary until the BLM determines that, based on the results ofthe completed viewshed analysis and archaeological inventory, the existing land use plans (Resource Management Plans) havc 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 involvemènt over the next several years if ßLM determines that it is necessary to amend existing land use plans. GUIDANCE: The intent of this notice is to infonn interested parties (potential lessees, permittees, operators) that when any oil and gas lease contains remnants of National Historic Trails, or is located within the viewshed of a National Historic Trails' designated centerline, surface disturbing activities win require the lessee, permittee, operator or, their designated representative, and the surface management agency (SMA) to arrive at an acceptable plan for mitigation of anticipatcd impacts. This negotiation will occur prior to development and become a condition for approval when authorizing the action. TIns NOTICE APPLIES TO ALL PARCELS \rf' bl " 7 6 0 1 0 SPECIAL LEASE STIPULATION COiJ737 This lease may be found to contain historic properties and/or resources protected under the National Historic Preservation Act (NHP A), Americanfudian 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 ofthe NHP A and other authorities. The BLM may reqµire modification to exploration or development proposals to protect such properties, or disapprove any activity that is likely to result in adverse effects that cannot be successfully avoided, minimized or mitigated. THIS STIPULATION APPLIES TO ALL PARCELS WYW176010 COô738 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 lullS; 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.) WYW176010 ûOû739 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) Noy 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.) WYW176010 CONTROLLED SURFACE USE STIPULATION - CSU OOû740 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 wihter 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 regulatOlY provisions for such changes. (For guidance on the use of the stipulation, see BLM Manual 1624 and 3101 or FS Manual 1950 and 2820.) · - .- - 7 6 0 1 0 ATTACHMENT TO EACH LEASE NOTICE TO LESSEE OOG74~ Provisions ofthe 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 V.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 trom 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). h1formation 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.