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HomeMy WebLinkAbout943829 For~~ 31ca·llb (Oclober 1992) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT OFFER TO LEASE AND LEASE FOR OIL AND GAS ß\!~i.pI. ~ )'.~ "~'. ,..... ~j,t:.I r'~ ~. I ~1~,,~ r'.I' . !If 'CO 1'\ 74- \ ~r IT'i1J 'if¡1' ¡ ! .. ø ;,,": .\1",...1.. " - The undersigned (rev~rse) offers 10 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. \8\ el seq,), the Mineral Leasing Acl for Acquired Lands of \947. 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 INS'IRUCTIONS BEFORE COMPI.EI1NG Fulllrc rcntal paymcnts must be maùe on or bcforc thc annivcrsary datc tu: Mincrals Managcmcnt Scrvicc Ruyalty Managcmcnt Program P.O. Box 5MO Dcnvcr. CO ~0217 I. Name Street FITZSIMMONS LLC 2201 CABIN COURT City, State, Zip Code OlLLETE, WY 827i85244 2, This application/offer/lease is for: (Ch~ck only On~)XO PUBLIC DOMAIN LANDS o ACQUIRED LANDS (percent U,S, interest Unit/Project Surface managing agency if other than BLM: Legal description of land ~equested: ·Parcel No.: .Slm ITEM 21N INSTRUCTIONS BELOW PRIOR TO COMPLETING PARCEL NUMB£R AND SALE DATE. T. R, Meridian State ·Sale Date (m/d/y):_/ ~ / _ County RECEIVED 11/25/2008 at 2:45 PM RECEIVING # 943829 BOOK: 709 PAGE: 742 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY Amount remitted: Filing fee $ Total acres applied for Total $ Rental fee $ DO NOT WRITE BELOW TIllS LINE 3, Land included in lease: T. {}I','~ ~.~1 !j.,,~ R. i ~gU\V Meridian {h,ntt 'i-.\I'\-' Slate -.1 ~ ~, County I: "ir;l(,t>Ü\ ~~.tt.:',;;, t:,'r,r,./I./.~II.}EL~ .' l..S:l!,J,j(} Total acres in lease )?6.,"{) Rental retained $ This lease is issued granting the exclusive right to drill for. mine, extract, remove and dispose of all the oil and gas (~XC~pl h~lium) in the lands described in Item 3 together with the right to build and maintain necessary improvements thereupon for the 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 issued to tbe high bidder pursuant to his/ber duly executed bid or nomination ronn submitted under 43 CFR 3120 and Is subject to the provisions or that bid or nomination and those specified on IWs ronn. o Noncompetitive lease (ten years) . TH'UN~~~. .' bY~ Igning 0 I ) C)n,,{ Dmnd·1. (if Fh:nd fvjin~'n;b AÍJ~ndtç,¡¡i'¡Œi NO" 1 9 2Œ.\ß Type and primary tenn of lease: .' 0 Competitive lease (ten years) o Other EFFECTIVE DATE OF LEASE DEC 0 1 2008 (Date) (TitJe) (Continu~d On r~v~rs~) FOR LESSEE .----------------------------------------------------------------------...,.---------------------------- 4. (a) Undersigned cernlies UJat ll) ou.eror JS a C1uzen ot tllC Ul11teu .:IiL.iILe5j êÐJ aSSUL:Ii1l1UU UL :;UI,;IJ I,.;ILJ¿CIJ~, ä WWJJ\..Jpdlll.YI UI d '^'~pu~uuvu Ul¡;UIJ.'£.o.....U UUu.....l lIJ..... ICIVY1> Ufo U^" vu,t......... ......u:ot.'-"'" v. VI.. uUJ~ State or Territory thereof es bolding an interest in the oITer are in compliance with··- --- - '10 and tbe leasing authotities; (3) o[[erors cbargeable inte "". 1nd indireCt, in each public domain and acquh .Jarately in UJe same State do not exceed 246,080 acres in leases (o[ wbicb up to 200,000 acres may be in oil and or 300,000 acres in leases in each leasing District in Alaska o[ which up to 200,000 acres may be in oplions, (4) o[[cror is not considered a minOt' wJder the laws o[ the State in which U;e lands covercd by this oITer are located; (5) offeror is in compliance with qualific.1lions concerning Federal coalle.1se holdings provided in see, 2{a)(2)(A) o[ the Mineral Le.1Sing Act; (6) offeror is in compliance with reclamalion requiremcnts [or all Federal oil and gas lease holdings as required by sec, 17(g) of UJe Mineral Le.1Sing Act; and (7) offcror is not in violation of sec. 41 of UJe Act. (b) Undersigned agrees that signature to U1is oITer constitutes acceptance of U1is 1e.1sc, including alltcnns, conditions, and slipuJatioos of which offeror has been given notice, 'and any amendment or separate lease that may include any land desctibed in this offer open lo le.lSing atUJC timc this offer was Oled but omitled for any reason [rom this lease. "TIJe,o[ferm [urther agrees Ihatlhis alTer cannot be willJdrawn, eithcr in whole or in part, unless the withdrawal is received by the proper BLM Sl.1le Orrice before UJis lease, an amendment to UJis lease, ~r a separate iease, whichever coven; the land desctibed in thc~U](Jrawal, 11.15 been signoo dn bchalf o[ thc U,1ited Slates. ThiIi olTer will be .rejected and wiD alTord olTeror 110 priority if it is not propt!rly completed IUId executed in aceordJrnce will! the regulaÚons, or if it is not aceompanied by tbe required payments. 18 U.S.C. Sec. 1001 makes it a crime for MY pt!nron knowingly and willfuJIy to mll!,e to any Department or agency of tire United States any f"""', nctilious Of' fnudulent st..tements or representations as to any matter within its jurisdiction. Duly executed this day of , 19 (Signature of Lessee or Attorney-in-fact) LEASE TERMS -. See. I, Rentals-Rentals shall be paid to proper office of lessor in advance of each leasc year. Annual rental rates per acre or fraction Ulereof are: (a) Noncompetitive lease. $1.50 for the first 5 years; Ulereafter $2.00; (b) Competitive lease, $1.50; [or the [jn;t 5 yean;; thereafter $200; (c) OUler, see attachment. or as specified in regulations at the time this lease is issuoo. If this lease or a portion thereof is conunittoo to an approvoo cooperalive 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 ú¡e production allocated lo Ulis lease. However, annual rentals shall continue to be due at the rate specifioo in (a), (b). or (cJ for those lands not wiúlin a participating area, Failure to pay annual rental, if due, on or before Ule anniversary date of this lease (or nexl official working day if office is closoo) shall automatically tcmÜnale ùlis lease by operalion of law. Rentals may be waived. reduced. or suspended by UJe Secretary upon a sufficienl showing by lessee, See, 2, Royalties-Royalties shall be paid to proper office of lessor. Royalties shall be compuloo in accordance with regulations on produclion removoo or sold, Royalty rales are: (a) Noncompetitive lease. 12'1; %; (b) Competitive lease, 12'1;%; (c) Other. see attachment; or as specified in regulations at the time Ulis Icase is issued. Lessor reserves thc right to specify wheUler royalty is to be paid in value or in kind, and ùle right to establish reasonable minimum values on products after giving lessee notice and an opportmÜty to be heard, When paid in value. royalties shall be due and payable on Ule last day of the month following the month in which production occurroo. When paid in ¡-jnd, production shall be delivered, U1Ùess otherwise agreed to by lessor, in merchantable condilion on the premises where produced without cost to lessor. Lessee shall not be requiroo 10 hold such production in storagc beyond the last day of the month following the lUonúl in which production occurred, nor sball 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 Ul8I1 Ule rental wbich nÚJerwise would be required for that lease year shall be payable at the end of each lease year begimling on or aftcr a discovery in paying quantities, This minimum royalty may be waived, suspendoo, or reducoo, and the above royalty rates may be reduced, for all or portions of Ulis lease if Ule Secretary detennines that such action is necessary to encourage the greatest ultimate recovery of the leasoo resources, or is otherwisc justified. An interest charge shall be assessoo on late royalty payments or underpayments in accordancc with the Federal Oil and Gas Royalty Managemenl Act of 1982 (FOGRMA) (30 U.S.c. 1701). Lessee shall be liable for royalty payments on oil and gas losl or wasted from a lease site whcn such loss or waste is due to negligence on the part of the operator, or due to U,e failure to comply with any rule, regulation, order. or citation issued under FOGRMA or the leasing authorily. 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 prevcnt unnecessary damage to, loss of, or waste of leased resources, Lessor reserves right to specify rates of developmenl aM production in the public interest and to require lessee to subscribe to a cooperative or uoit plan, within 30 days of notice, if deemed necessary for proper development and operation of area, field. or pool embracing these leased lands, Lessec 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 me with proper office of lessor, not later than 30 days after effective date thereof. any contract or evidence of other arrangement for sale or disposal of production, At such times and in such fonn as lessor may prescribe, lessec shall furnish detailed statements showing amounts and quality of all products removed and sold, proceeds therefrom, and amount used for productiun purposes or unavoidably lost. Lessee may be required to 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, iIifonnalion on well surveys and tests. and 3 record of subsurface investigations and furnish copies 10 lessor when required. Lessee shall keep'open al all reasonable times for inspection by any auùlOrized, officer of lessor, the leased premises and all wells, improvements, machinery. and fixlures Úlereon, and all books, accounts. maps, and records relative 10 operations. surveys, or investigations on or in the leased lands, Lessee shall maintain copies of all contracl~. sales agreements, accounting records, and documentation such as billings, invoices, or similar documentation Utat supports costs claimed as manufacturing, preparation. and/or transportation costs. Al¡'such records shall be maintained in lessee's accounting offices for futurc audit by lessor. Lessee shall maintain requiroo records for 6 years after they are generatoo or, if an audit or investigation is underway, until released nf the obligation to maintain such records by lessor, During existence of this lease, information obtained under this section shall be closed to inspection by Úle public in accordance with Ù1e Freedom of Informàtion Act (5 U.S.C. 552), See. 6. Conduct of operations-Lessee shall conduct operations in a manner Ù1at mioimizes adverse impacts 10 the land, air, and water, to cultural, biological, visual, and other resources, and to other land uses or users. Lessee shall takc reasonable measures deemed necessary by lessor to accomplish the intenl of this seclion. To the extent consistent with lease rights granted, such measures may include, but are not limited to, modification to siling or design of facilities. tinúng of operations. and specification of interim and final reclamation measures. Lessor reserves the righllo continue existing uses and to authorize future uses upon or in the leased lands. including the approval of easements or tights-of-way. Such uses shall be conditioned so as to prevent unnecessary or unreasonable interference with rights of lessee. Prior to disturbing Ihe surface of Ute leased lands. lessee shall contact lessor to bç apprised of procedures to be followed and modifications or reclamalion measures that may be necessary. Areas 10 be disturbed may require inventories or special studies to determine UJe extent of impacts to other resources, Lessee may be requiroo to complete minor inventories or short tenn special studies under guidelines provided by lessor. If in the conducl 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 shall cease any operations that would result in the destruction of such species or objects, Sec. 7. Mining operalions- To Ule extenl that impacts from roioing operations would be substantially different or greater Ùtan those associated with normal drilling operations, lessor reservcs the right to deny approval of such operations, Sec, 8, EJltraction 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 Ulis section, See, 9. Damages 10 properly-Lesscc shall pay iessor for danlage to lessor's improvements. and shall save and hold lessor hanruess from all claims for damage or hann to persons or property as a result of Icase operations. Scc. 10. Protection of diverse interests and equal opportunily-Lessee shall: pay when due all taxes legally assessed and levied under laws of the State or Úle Uoited States; accord all employees complete freedom of purchasc; pay all wages at least twice each monÙ1 in lawful money of Ù1e United States; maintain a safe working enviroIUl1ent in accordance wiÚl standard induslI'y practices; and takc measures necessary 10 protect the healUJ and safety of the public. Lessor reserves the tight to ensure that production is sold at reasonable priccs 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, lcsscc shall comply wiÙ1 section 28 of the Mineral Leasing Act of 1920. Lessee shall comply wiÙ1 Executive Order No. 11246 of September 24, 1965, as amended, and regulalions and relevant orders of Ùle Seeretary of Labor issued pursuant thereto, NeiÙ1er lessee nor lessee's subcontractors shall maintain segregated facilities. Sec. 11. Transfer of lease interests and relinquishment of lease-As required by regulations, lessee shall file wiUI lessor any assignment or other transfer of an interest in this lease, Lessee may relinquish this lease or any legal subdivision by filing in the proper office a written relinquislunenl, which shall be effective as of the date of ming, subject to the continued obligation of the lessee and surety to pay all accruoo rentals and royalties, Sec, 12. Delivery of premises-At such time as all or portions ofúlis lease are returned to lessor, iessee shall place affected wells in condition for suspension or abandonment. reclaim Ù1e land as specifioo by lessor and. wiUlin a reasonable period of tinJe. remove equipment and improvemcnts not dcemed necessary by Icssor for preservation of producible wells. Sec. 13. Proceedings in case of default-If lessee fails to comply wiÙJ any provisions of UJÍs lease, and Ù1e noncompliance continues for 30 days after wrillen notice Ù1ereof. Ulis lease shall be subjecl to cancellation unless or until the leasehold contains a well capable of production of oil or gas in paying quantilies, or Ùle lease is conunilled to an approved cooperative or uoit plan or communitization agrcemenl which contains a well capable of production of unitized substances in paying quantities. This provision shall not be construed to prevent the exercise by lessor of any oÙ1er legal and equitable remedy, including waiver of Ù1e default. Any such remooy or waiver shall not prevent latcr cancellation for Ù1e same default occurring at any oÙ1er lime. Lessee shall be subject to applicable provisions and penalties of POGRMA (30 U .S,c. 1701), Sec, 14. Heirs and successors-in-interest-Each obligalion of this lease shall extend to and be binding upon,' and every benefit hereof shall inllre to Ihe heirs. executors. administrators, successors. bencficiaries, or assignees of the respective parties hcrelO. COG743~Of~,:::-.q':,; WYW176011 OOü744 T. 02S0N, R. 1180W Sec. 030 LOT 33 OF TR 44; 030 LOT 34 OF TR 44; 030 LOT 11 OF TR 47; 030 LOT 12 OF TR 47; 030 LOT 13 OF TR 47; 030 LOT 14 OF TR 47; 031 LOT 11 OF TR 44; 031 LOT 12 OF TR 44; 031 LOT 21 OFTR44; 031 LOT 22 OF TR 44; ,.\: .) . (. <~>.., . \;' , 1 ..,i. ~.;~'¡_1i'-' 'J 1; '"",1':" -, ,. :' j' Fonh 3000-2 (January 2007) WVIlll1""J601,lJ UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT COMPETITIVE OIL AND GAS OR GEOTHERMAL RESOURCES LEASE BID 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 30 U.S.C.1001-1025; 42 U.S.C. 6508 COô745¡ FORM APPROVED OMB NO. 1004-0074 Expires: December 31, 2009 State í wy f / Date of Sale /J. "--'éJ ~ ~/..../ PARCEL NUMBER TOTAL BID AMOUNT OF BID (see instructions below) PAYMENT SUBMITTED WITH BID THE BID IS fUR (check one): ....., ~I and Gas Parcel Number / JJ1' DGeothermal Parcel Number Name of Known Geothermal 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 Geothermal resources leases--43 CFR 3220. (See details concerning lease qualifications 0/1 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.C. 1860 which prohibits unlawful combination or intimidation of bidders. I f1.ll1:her 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 foml where the offer is the high bid, constitutes a binding lease offer including all applicable terms and ~~n~~~~:'~~~~:e~ comply with the applicable laws and regulations under which this bid is ma~:~~~1t~~_~~Gtio.~~,:.,tþe"bid and fOl;~iture of ,./ Çj/--=_,/ .-;?'.r/ / .r ,,£:='}1-J.'JJ't.ð1ù'1fJ" ¿~,( (-; ,>- "':ß-C t';;;? j'" _~~fÚ'::'?6:'/-t' , Print or ~e N~e o~.Lè~see ¿;........-_ _ .. / /' Signature 'qfj..es~f "Bidder // ;7"'" ,'J / / / /. /,/'"'"7' // ,./' i ~¿ tJI C t.rÞ'.4 (/c/b! // / / !' , Address of Lessee //' ( / /'(f/ ¿{ J" </~J-¡/r' LlJd/~/.P á f/ tJL/ /5 City State Zip 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 form 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 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 oftl1eir 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 form cannot be modified without being executed again. 5. In view ofthe 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 amount of the bid, The remittance must be in the form specified in 43 CFR 3220.4 for a Geothermal Resources bid and 3132.2 for a NPR-A lease~id. 3. Mark the envelope "Bid for Geothermal Resources Lease~r in (Name of KGRA) or "Bid for NPR-A Lease," as appropriate. Be sure correct parcel number of tract on which Ù1e 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 ù1eNotice of Competitive Lease Sa/e. 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 ofthèir qualifications upon written request by the BLM. ~. . -. Title 18 U.S.c, Section 1001 and Title 43 U.S.C. Section 1212 make it a crime for any þerson any false, fictiiious or fraudulent statements or representations as to any matter within its j (Continued 011 page 2) , 1:'- 1. ," . _ knowingly and willfully to make to any department or ageocy of the United States urisdiction: OPTIONAL USE COpy ...". QUALIFICATIONS For leases that may be issued! as a I'esult ofthis sale undel' the Mineral Leasing Act (The Act) of 1920; as amended, the oral 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 gas leases in the State identified do not exceed 246,080 acres each in public domain or acquired lands including acreage covered by this bid, of which not more than 200,000 acres are under options. Ifthis bid is submitted for lands in Alaska, the bidder's holdings in each of the Alaska leasing districts do not exceed 300,000 acres, of which no more than 200,000 acres are under options in each district; (3) Be in compliance with Federal coal lease holdings as provided in sec. 2(a)(2)(A) ofthe 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 ûf sec. 41 of the Act; and (6) Certify that all parties in interest in this bid arc in compliance with 43 CFR Groups 3000 and 3100 and the leasing authorities cited herein. FO!ï ¡eases that may be issued as a result o!fthi5 sale under tile GeoH¡¡ermal Steam Act of 1970, æI§ 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 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. F~¡r Ye¡¡¡ses tlu'It may be issued 25 8 n~sU!!t of tbb saKe mmder the Department of the hÜerlÍor AppropB'iatimns Ad of 19fH, the biliu1e¡' must: (I) Be a citizen or national of the United States; an alien lawfully admitted for pennanent residence; a private, public Of municipal corporation organized under the laws of the United States or of any State or Territory thereof; an association of such citizens, nationals, resident aliens or private, public or municipal corporations, and (2) Certify that all parties in interest in this bid are in compliance with 43 CFR Part 3130 and the leasing authorities cited herein. NOTICES The Privacy Act of 1974 and the regulation in 43 CFR 2A8(d) provide that you be furnished the following infonnation in cOlll1ection with infonnatiol1 required by this bid for a Competitive Oil and Gas or Geothennal Resources Lease. AUTHORITY: 30 U.S.c. 181 et seq.; 30 U.S.c. 351-359; 30 U.S.c. 1001-1025; 42 D,S.C. 6508 PRINCIPAL PURPOSE: The information is to be used to process your bid. ROUTn\ffi USES: (1) The adjudication of the bidder's right to the resow-ees for which this bid is made. (2) Documentation for public information. (3) Transfer to appropriate Federal agencies when comment or concurrence is required pilor to granting a right in public lands or resources. (4)(5) Infonnation from the record and/or the record wiI1 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 information is not provided, your bid may be rejected. The Paperwork Reduction Act of 1995 (44 V.S.C. 3501 et seq.) requires us to infonn you that: This infonnation is being collected in accordance with 43 CFR 3120, 43 CFR 3130, or 43 CFR 3220. The BLM collects this infonnation to determine the bidder submitting the highest bid. Response to this request is required to obtain a benefit The BLM would like you to lmow that you do not have to respond to this or any other Federal agency-sponsored information 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 bmden estimate or any other aspect of this fonn to U.s. Department of the Interior, Bureau of Land Management (1004-0074), Bureau Infonnation Collection Clearance Officer (WO-630), 1849 C Street, N.W., Mail Stop 401 LS, Washington, D.C. 20240. (~{V\.~\Í -., ow '0' , ' r::7. (Fonn 3000-2, page 2) J ,.- ..' LEASE NOTICE NO.1 1';/176011 006747 Under Regulation 43 CFR 3101.1-2 and tenns of the lease (ELM 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 [mal 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 bel~w. 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 of Interstate highways and 200 feet of other existing rights-of-way (i.e., U.S. and State highways, roads, railroads, pipelines, powerlines). 5. Within 1/4 mile of occupied dwellings. 6. Material sites. GUIDANCE: The intent of this notice is to inform interested parties (potential lessees, permittees, operators) that when one or more of the above conditions exist, surface disturbing activities will be prohibited unless or until the permittee or the designated representative and the surface management agency (SMA) arrive at an acceptable plan for mitigation of anticipated impacts. This negotiation will occur prior to development and become a condition for approval when authorizing the action. Specific threshold criteria (e.g., 500 feet from water) have been established based upon the best 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 site/fÌee 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 fÌom the proper BLM Field Office. THIS NOTICE APPLIES TO ALL PARCELS . ..' GlJU W'LlbUll LEASE NOTICE NO.2 BACKGROUND: 00u748 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 V.S.C. 1241-1251) as amended through P.L. 106-509 dated November 13,2000. Protection of the National Historic Trails is nom1ally considered under the National Historic Preservation Act (P.L. 89-665; 16 V.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 wil1...protect, connect, promote, and assist trails of all types throughout the United States. This wilI 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 cnsure that the values for which each trail was established remain intact." Therefore, the BLM wiIl be considering all impacts a11d 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 contributing to the historic significance of the trails. Additional National Historic Trails will likely be designated amending the National Trails System Act. When these amendments occur, this notice will apply to those newly designated National Historic Trails as well. STRATEGY: The ELM will proceed in this objective by conducting a viewshed analysis on either side of the designated centerline of the National Historic Trails in Wyoming, except, at this time, for the Nez Perce Trail, for the purpose of identifying and evaluating potential impacts to the trails, their associated historic landscapes, and their associated historic features. Subject to the viewshed analysis and archaeological inventory, reasonable mitigation measures may be applied. These may include, but are not limited to, modification of siting or design of facilities to camouflage or otherwise hide the proposed operations within the viewshed. Additionally, specification of interim and final reclamation measures may require relocating the proposed operations within the leasehold. Surface disturbing activities wi1l be analyzed in accordance with the National Environmental Policy Act of 1969 (P.L. 91- 190; 42 U.S.c. 4321-4347) as amended through P.L. 94-52, July 3, 1975 and P.L. 94-83, August 9, 1975, and the National Historic Preservation Act, supra, to determine if any design, siting, timing, or reclamation requirements are necessary. This strategy is necessary until the BLM determines that, based on the results 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 arc made. Final decisions regarding surface disturbing restrictions will take place with full public disclosure and public involvemènt over the next several years if BLM determines that it is necessary to amend existing land use plans. GUIDANCE: The intent of this notice is to infonn interested parties (potential lessees, permittees, operators) that when any oil and gas lease contains remnants of National Historic Trails, or is located within the viewshed of a National Historic Trails' designated centerline, surface disturbing activities will require the lessee, permittee, operator or, their designated representative, and the surface management agency (SMA) to arrive at an acceptable plan for mitigation of anticipated impacts. This negotiation will occur prior to development and become a condition for approval when authorizing the action. THIS NOTICE APPLIES TO ALL PARCELS '\I IMt .. 7 6 0 11 SPECIAL LEASE STIPULATION 00&749 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 NHPA and other authorities. The BLM may require modification to exploration or development proposals to protect such properties, or disapprove any activity that is likely to result in adverse effects that cannot be successfully avoided, minimized or mitigated. THIS STIPULATION APPLIES TO ALL PARCELS OO\ì7S0 WYW1760ll 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.) QOü7S~ WYW176011 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 Ke1mnerer 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 ofthe stipulation, see BLM Manual 1624 and 3101 or FS Manual 1950 and 2820.) COô752 WYW176011 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 rest-icted 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 Kennnerer 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.) IY . - - 7 6 0 11 ATTACHMENT TO EACH LEASE NOTICE TO LESSEE OOU753 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 D.S.e. 201 (a)(2)(A), requires that any entity that holds and has held a Federal coal lease for 10 years begimling 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 terms of this oil and gas lease, with respect to compliance by the initial lessee with qualifications concerning Federal coal lease holdings, all assignees and transferees are hereby notified that this oil and gas lease is subject to cancellation if: (1) the initial lessee as assignor or as transferor has falsely certified compliance with Section 2(a)(2)(A), or (2) because of a denial or disapproval by a State Office of a pending coal action, i.e., arms-length assignment, relinquishment, or logical mining unit, the initial lessee as assignor or as transferor is no longer in compliance with Section 2(a)(2)(A). The assignee, sublessee or transferee does not qualify as a bona fide purchaser and, thus, has no rights to bona fide purchaser protection in the event of cancellation of this lease due to noncompliance with Section 2(a)(2)(A). Information regarding assignor, sublessor or transferor compliance with Section 2(a)(2)(A) is contained in the lease case file as well as in other Bureau of Land Management records available through the State Office issuing this lease.