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HomeMy WebLinkAbout943830 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT OFFER TO LEASE AND LEASE FOR OIL AND GAS {'II ~"; ~:': i 1~ ".;<; '" Serial NI.,1 -./ ¡..,,~ ~"., '"':" ~orln 3100-11b October 1992) \;~',[W)JúOls 000754 ,he undersigned (reverse) offers to lease aJl or any of the lands in Item 2 that are available for lease pursuant to the MineraJ Leasing Act of 1920, as amended and supplemented (30 U,S,c, 181 :t seq,), the MineraJ Leasing Act for Acquired Lands of 1947. as amended (30 1},S.C, 351-359), the Attorney General's Opinion of April 2. 1941 (40 Op, Atty, Gen, 41), or the RFAD I NS1'RUCl10NS BEFORE COMPIEI1NG Name Street City, State, Zip Code FrrZSIMMONS Ll.C 2201 CABIN COURT GILLETE. WY 827185244 Futurc rcnlal paymcllls must bc maele on or bcrorc thc anniversary elale to: Mincrals Managcmcnt Service Royally Managcmcnt Program 1',0. Box 5ú40 Dcnvcr. CO H0217 This application/offer/lease is for: (Check only One)XO PUBLIC DOMAIN LANDS Surface managing agency if other than BLM: LegaJ description of land requested: .Parcel No.: ·slm ITEM 21N INSTRUCTIONS BELOW PRIOR TO COMPLETING PARCEL NUMBER AND SALE DATE. T. R. Meridian State o ACQUIRED LANDS (percent U,S, interest Unit/Project ·SaJe Date (m/d/y):_/ ~ / ~ County RECEIVED 11/25/2008 at 2:55 PM RECEIVING # 943830 BOOK: 709 PAGE: 754 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Amount remitted: Filing fee $ Rental fee $ Total acres applied for Total $ DO NOT WRITE BELOW THIS LINE Land included in lease: T. 0 :'~ ::i{~ {\J UC~'. R, 1f90\¡V f)},:i, LO'l(B g~,I41,2.t~; (ì:iJ LOfl¡OF1')."(9ï.: ilL) LOT 5 OF TIi( ~r,~; on LOT 15 OF TR n~ U.\4 1.01'2 OF 'I'R 91; !J H LOT 1 ~JF 'fH 92;, 02·4 I}J"rS 13; D!.4 E2Nb,NE:Œ;, {ni~ LOT Ie? OF T.R /1'1' Meridian Uf?1h State\i\í T County Li".t:';'.h, 7. c, .¡ Total acres in leas~:\6). .12P Rental retained $ Y¡!''()íJ his lease is issued granting the exclusive right to drill for, mine. extract, remove and dispose of all the oil and gas (excepllrelium) in the lands described in Item 3 together with the right to build "d maintain necessary improvements therf:upon for the tenn indicated below, subject to renewaJ or extension in accordance with the appropriate leasing authority, Rights granted are subject to Jplicable laws. the tenns. conditions. and attached stipulations of this lease. the Secretary of the Interior's regulations and fonnaJ orders in effect as of lease issuance, and to regulations and fonnaJ rders hereafter promulgated when not. inconsistent with lease rights granted or specific provisions of this lease. 'OTE: Tlús lease Is Issued to the high bidder pursuant to lús/her duly executed bid or nomlnallon fonn submitted under 43 CFR 3120 and Is subject to the provisions of that bid or omlnallon and those specified on tlús form. THE UNITE~ OF AMJ!.1~C / JP ~ V~ -~~ by - Signing 0 leer) Clrììd, H¡,¡100~:U of ¡';\.Ûd Minf;:~aii' AdfHdj(.wt~l)iII NOV 1 9 2008 (Title) ype and primary tenn of lease: I Noncompetitive lease (ten years) I Competitive lease (teD years) I Other EFFECTIVE DATE OF LEASE DEe 0 1 2008 (Date) ~OTllillued 011 reverse) F?'tp lä:::I~~t=~ Uifl &:.!(.J''\._~ ot:."'~ _ ~ _ _ _ _ __ _ ___ _ __ __ __ __ ___.'_____ ______ _____ ___________.______~_ _________ _____ww__.___~____________~_.__~~_________._ if-. l3) uoaenngnea ceruucs UJaL lol) U1H:~rur lä a I,;JU¿CU UL LLJC UUJLCU .JLdLCl'> (UJ (.....aoV....,dLlVIJ VL tlU.....IJ '-"LlL.....IJO, a L1JUJ.U'-'JpUS'L], VI" \AJL :-'VLU..>VU v.5u....c~......... ......~I ...."" oun... VI I..... ~,.,.......... ........................ "'.. .....J State or Territory U,erec .. Jes holding an inlerest in the nffer are in compliance with " ~~" '\00 and Ibe leasing auUJorities; (3) offeror's chargeable inl---'- A:m~' and indirect, in each public domain and aequp.1rately in U,e same State do not exceed 246,080 acres i, . 1S leases (of which up to 200.000 acres may be in oil and \ or 300,000 acres in leases in each leasing District in Alaska of which up to 200,000 acres may be in options, (4) offeror is not considered a minor Wlder the laws of tho StHte in which the lands covered by Ibis offer arc located; (5) offeror is in compliance with gu..1lificHtions concel11ing I'ederal eoallo.15e holdings provided in sec, 2(H)(2)(A) of the MinerHl Le.15ing Act; (6) offeror is in compliance with reclamation requirements for all Federal oil and gas lease holdings as reguired by sec, 17(g) of ti,e Minèral Leasing Act; and (7) offeror is not in violation of sec. 41 of the Act. . (b) Undersigned agrees that signature to !his offer conslitutes acceptance of Ulis lo.15e, including alllenJls, condilions, and stipuJalions of wllich offeror 11.15 been given noUce, and any amendment or separate lease that may include any land described in Lllis offer open lo lo.15ing at UJC lime this offer was üled but omitted for any reason from this lease, 11Je offeror furti,er agrees ti13t this offer cannot be withdrawn, eitber in whole or in part, unless the withdrawal is received by the proper ELM State Office before lhis lease, an amendmenl to this lease, or a separnte lease, whichever covers the land described in the withdrawal, b.'1S been signed on bchalf of lbe United States. This offer will be .rejected and wW afford offeror no priority if it is not properly completed md executed in ACcordance with tbe regulations, or if It is nol accompanied by tbe required payments. 18 U.S.C. Sec. 1001 makes it III crime rIM" my ¡>erson knowingly md willfuUy to make to MY Department or agency of tbe United States any false, fictitious or fraudulent stAtements or representations as to any mailer witbiD 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 lease year. Aru1UaI rental rates per acre or fraction thereof are; (a) Noncompetitive lease. $\.50 for the first 5 years; thereafler $2,00; (b) Competitive lease, $1.50; for tile fin;t 5 yean;; thereafter $200; (c) Other, see attaclunent, or as specified in regulations at the time Ulis lease is issued. If this lease or a portion thereof is committed to an approved cooperative or unit plan which includes a well capable of producing leased resources, and the plan contains a provision for allocation of production, royalties shall be paid on tile production allocated to tilis lease. Howcver, annual rentals shall continue to be due at ti" rale specified in (a), (b). or (c) for those lands nol wilhin a participaling area, Failure to pay annual rental. if due. on or before the anniversary dale of Lllis lease (or next official working day if offiee is closed) shall aUlomalically terminate this lease by operation of law, Rentals may be waived, reduced, or suspended by the Secretary upon a sufficient showing by lessee. See. 2, Royalties-Royalties shall be paid 10 proper office of lessor. Royalties shall be compured in accordance wilh regulations on production removed or sold. Royalty rates are; (a) Noncompetitive lease. 12 I/.¡ %; (b) Competitive lease, 12'12%; (c) OtiJer, see altaclunent; or as specified in regulations al the time Ihis lease is issued, Lessor reserves the right 10 specify whether royalty is to be paid in value or in kind, and ti,e right to establish reasonable minimum values on producls afler giving lessee no lice and an opportunity to be heard, Whèn paid in value. royalties shall be due and payable on the lasl day of the monU, following !he month in which production occurred. When paid in kind, production shall be delivered, unless othelWisc agreed to by lessor, in merchantable condilion on the premises where produced without cost 10 lessor. Lessee shall nol be required to hold such prodnction in slorage beyond !he lasl day of the monlh following the month in which production occurred. nor shall lessee be held liable for loss or deslruclion of royalty oil or otiler products in storage from causes beyond the reasonable conlrol of lessee, Minimum royalty in lieu of rental of not less than the rental wlúch othelWise would be required for that lease year shall be payable at the end of each lease year beginning on or after a discovery in paying quantilies, This minimum royalty may be waived, suspended, or reduced, and the ahove royalty rates may be reduced. for all or portions of Lllis lease if the Secretary determines that such aclion is necessary to encourage tile greatesl ultimate recovery of Ule leased resources, or is othelWise justified. An interest charge shall be assessed on laic royally payments or underpaymenls in accordancc with the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) (30 U.S.C. 1701). Lessee shall be liable for royalty payments on oil and gas lost or wasted from a lease site when such loss or wasle is due to negligence on the part of the operator, or due to the failure to comply with any rule, regulation, order, or citation issued under FOGRMA or LlJe leasing autiJOrity, Sec, 3. Bonds-A bond shall be filed and maintained for lease operations as required under regulalions. 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 10 require lessee 10 subscribe 10 a eooperalive or unit plan. within 30 days of notice. if deemed necessary for proper developmenl and operalion of area, field. or pool embracing these leased lands. Lessee shall drill and produce wells necessary 10 proteclleased lands from drainage or pay compensatory royally for drainage in amount detennined by lessor. Sec. 5, Documents. evidence, and inspection-Lessee shall file with proper office of lessor, not later than 30 days afler effective dale thereof. any contract or evidence of other arrangement for sale or disposal of production. AI such limes and in such form as lessor may prescribe, lessee shall furnish detailed stalements showing amounts and quality of all producls removed and sold, proceeds therefrom, and amounl used for production purposes or unavoidably lost. Lessee may be required to provide plats and schematic diagranJs showing development work and improvements, and reports with respect 10 parties in interest. expenditures, and depreciation costs, In the form presçribed by lessor, lessee shall keep a daily drilling record, a log. information on well surveys and tests, and a record of subsurface investigations and furnish copies In lessor when required, Lessee shall keep open al all reasonable times for inspection by.any authorized officer oflessor, the leased premises and all wells. improvements, machinery, and fixtures thereon, !lid 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, invoices, or siniilar documentatíon that supports COSIS claimed as manufacturing, preparation, andlor 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 ùJey are generated or, if an audit or investigation is undelWay, until released of the obligation to maintain such records by lessor. During existence of Litis lease, information obtained under Ulis section shall be closed to inspection by Llle public in accordance Wiùl ùle Freedom of Information Act (5 U.S.c. 552). Sec. 6. Conduct of operations-Lessee shall conducl operations in a manner that minimizes adverse impacts to Ùle land, air. and water, 10 cullural, biological, visual. and oÙler resources, and to oLller land uses or users, Lessee shall take reasonable measures deemed necessary by lessor 10 accomplish the inlent of this section. To Llle extent consistent wiùl lease rights granted. such measures may include. but arc not limited to, modification to siting or design of facilities, timing of operations. and specification of interim and final reclamalion measures. Lessor reserves the righl to continue exisling uses and to auLllOrize future uses upon or in the leased lands, including Llle approval of easements or rights-of-way, Such uses shall be conditioned so as to prevent unnecessary or unreasonable interference wiùI rights of lessee. Prior to dislurbing the surface of LlJC leased lands. lessee shall contact lessor to bj: apprised of procedures to be followed and modifications or reclamation measures thai may be necessary. Areas to be dislurbed may require inventories or special studies to determine the extent of impacts to other resources. Lessee may be required to complete nlinor inventories or short term special studies under guidelines provided by lessor. If in Ùle conduct of operalions, threatened or endangered species, objects of historic or scientific interest, or substantial unanticipaled enviromnental effects are observed, lessee sball immediately contact lessor. Lessee shall cease any operations that would result in Ùle deslruction of such species or objects. Sec. 7. Mining operations-To the extent that impacts from mining operalions would be substantially different or grealer Ùlan those associated with normal drilling operations, lessor reserves Ùle right to deny approval of such operations. Sec. 8, Extraction of helium-Lessor reserves the option of extracting or having extracted helium from gas production in a manner specified and by means provided by lessor al no expense or loss to lessee or owner of the gas. Lessee shall include in any contract of sale of gas the provisions of this section. See, 9. Damages to propel1y-Lessee shall pay lessor for damage to lessor's irnprovemeuts, and shall save and hold lessor harI1Ùess frolll all claims for damage or harm to persons or property as a result 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 the State or the United Stales; accord all employees complete freedom of purchase; pay all wages at leasl twice each month in lawful money of the United States; maintain a safe working envirorunent in accordance W;Ùl standard industry practices; and take measures necessary to prolect the health aod safety of the public. Lessor reserves the right to ensure that produelion is sold at reasonable prices and to prevent monopoly. If lessee operales a pipeline, or owns controlling interest in a pipeline or a company operaling 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 Seplember 24. 1965. as amended, and regulations and relevant orders of the Secretary of Lahor issued pursuant thereto, Neither lessee nor lessee's subcontraclors shall maintain segregated facilities. Sec. 11. Transfer of lease interests and relinguislunent of lease-As required by regulations, lessee shall me with lessor any assignmenl 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 wrillen relinquishment, which shall be effective as of the date of ming. subject to the continued obligation of the lessee and surety to pay all accrued rentals and royalties. Sec. 12. Delivery ofpremises~At such time as all or portions ofùlis lease arc returned 10 lessor, lessee shall place affecled wells in condition for suspension or abandonment, reclaim the land as specified by lessor and, within a reasonable period of time. remove equipment and improvemenls not deemed necessary by lessor for preservation of producible wells. Sec. 13. Proceedings in case of default-If lessee fails to comply with any provisions of this lease. and the noncompliance continues for 30 days after written notice !hereof, this lease shall be subject 10 cancellation unless or until the leasehold contains a well capable of production of oil or gas in paying quantilies, or LlJe læse is conunilled to an approved cooperative or unit plan or conununitization agreemenr which contains a well capable of production of unitized substances in paying quantities. This provision shall nol be construed to prevenl Ùle exercise by lessor of any oÙJer legal and equilB.ble remedy, including waiver of the default. Any such remedy or waiver shall not prevent laler cancellation for the same default occurring al any other time. Lessee shall be subject to applicable provisions and penalties of FOGRMA (30 U .S.c. 1701). Sec. 14. Heirs and snccessors-in-interest-Each obligation of this lease shall extend to and be binding upon, and every benefit hereof shall inure to the heirs, executors, administrators. successors, beneficiaries, or assignees of the respective parties herÇ!,o. \. ¡('''';¡', '."'~ fJO~)~A";:' ,~, 000755 'l\ , ,01 ,~'*,~~,' \ . ~\ ~ WY W 1'( 6 012 FORM APPROVED F ( orm 3000-2 UNITED STATES OMB NO. 1004-0074 January 2007) DEPARTMENT OF THE INTERIOR Expires: December 31, 2009 BUREAU OF LAND MANAGEMENT State ¿t/r / COMPETITIVE OIL AND GAS OR f//. Y' GEOTHERMAL RESOURCES LEASE BID ' . r 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; COU756 Date of Sale ./ ~~ 30 U.S.C.1001-1025; 42 U.S.C. 6508 /1.· / - J"'\ (! D<" -"') ...-~ ¿) AMOUNT OF BID (see instructions below) PARCEL NUMBER PAYMENT SUBMITTED TOTAL BID WITH BID THEÆID IS FOR (check one).' / /<._? J?" I!(Oil and Gas Parcel Nwnber DGeothermal Parcel Number Name of Known Geothermal Resource Area (KGRA) I, 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) Ieases--43 CFR3132; and (3) for Geothermal resources leases--43 CFR 3220. (See details concerning lease qualifications on next page,) I CERTIFY THATJ hav,e. read ar¡d .am in compliance with; and not in violation of the lessee qualification requirements under the applicable regulations for this 'bid. . J .... . ., .' ,~ (" t.. ' " I CERTIFYTHA T this bid is not íb. vi~lation 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 pwpose 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 ismad~ wUJ,.result in r~Jéctio,n 0ttl1e bid and foifeiture of all monies submitted.. . .. /~ / /. .' 1'.. /" ..,/:./ .,}., -I"--:'~ ·A 1_"'" .v" ..- .t" / /7 .. /p.' '--/ r;"""-"ì Á~ "" "r-/ / 4'~..J F /;jI~ '''I p~ I J . . .. þ C ' ~ ./,-¿:7?¿;;""/--,...,, /> ¿~?#(/*""/~~'(; ,:/ , __ r ~rint o~"e NIj~e of Lesse6//"'/ _~___- / /.~~. Signa re o.!:.&,ç.s~ or-Bidder // C\~?f/ (.1fd.·,'l ( 6,/// <// 1/ ~/ Add~!)ss of Lessee, i/ . / 6;ç;77e·· <új// :?d7/:/"'j/ City Stat ZÍp INSTRUCTIONS FOR OIL AND GAS BID (Except NPR-A) \, Separate bid for each parcel is required. Identity 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, I-I. 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 worldng 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 fumish evidence of their qualifications upon written request by the BLM, 4. This bid may be executed (signed) before the oral auction, If signed befor~ the oral auction, this form cannot be modified without being executed again. 5. In view ofthl:above requirement (4), thebidder 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 E"OR.GEÇÚ:H~RMAL OR NPR-A ÓILA't-iÚ GAS BID 1. 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 oqhe tota) !Im9W1t øfthe bid. The remittance must be in the form specifle\:¡ i'n 4'3 CFR 3220.4 for a Geothermal Resources bid and 3132.2 for a NPR-A lease bid. 3. Mark the envelope "Bid for Geothennal Resources Lease" 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 furnish evidence of their qualifications upon written request by the BLM. Title 18 U.S.C Section 1001 and Title 43 U.S.C.Section 1212 mak~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 ....7 For leases that may be issued as a result of this sale unde.· the Mineral Leasing Act (The Act) of 1920; as amended, the ora! bidder must: (l) 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 Territof'} 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. 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 all Federal oil and gas hoJdings 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 auUlOrities cited herein. For leases that may be issued illS a result ofthis 5ale limier the GeothermaB Stearn l-\Cft of 1970, a¡¡ amclluled9 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 arc in compliance with 43 CFR Group 3200 and the leasing authority cited herein. For le:í!lse§ that may be i!isued as II result of this sale um'¡ær the Depal·tment of the Iute.ior Appropriatiom~ Ad of 19fH. the bidder must: (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 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 Prívacy Act of 1974 and the regulation in 43 CFR 2.48(d) provide that you be furnished 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. 181 et seq.; 30 US.C. 351-359; 30 US.c. 1001-1025; 42 US.c. 6508 PRlNCIP AL PURPOSE: The information is to be used to process your bid. ROUTINE USES: (1) The adjudication ofthe bidder's ríght to the resources for which this bid is made. (2) Documentation for public information. (3) Transfer to appropríate Federal agencies when comment or concurrence is required príor 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. If all the information is not provided, your bid may be rejected. The Paperwork Reduction Act of 1995 (44 US.C. 3501 et seq.) requires us to infonn you that: This information is being collected in accordance with 43 CFR 3120,43 CFR 3130, or 43 CFR 3220. The ELM collects this information to detennine the bidder submitting the highest bid. Response to this request is required to obtain a benefit. The ELM would like you to know that you do not have to respond to this 01: any other Federal agency-sponsored information collection unless it displays a cUlTently 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 form. Direct comments regarding the burden estimate or any other aspect of this fom1 to U.S. Department of the Interior, Bureau of Land Manageme~t (1004-0074), Bureau Information Collection Clearan'ð8~~~~~-630), 1849 C Street, N.W., Mail Stop 401 LS, Washmgton, D.C. 20240. . (Fonn 3000-2, page 2) .Ji .. . / 2 ,i/"001 00û758 MULTIPLE MINERAL DEVELOPMENT STIPULATION Operations will not be approved which, in the opinion of the authorized officer, would umeasonably 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 ".1J " ,76012 LEASE NOTICE NO.1 000759 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 of25 percent. 2. Within 500 feet of surface water and/or riparian areas. 3. Construction with fiozen material or during periods when the soil material is saturated or when watershed damage is likely to occur. 4. Within 500 feet ofInterstate highways and 200 feet of other existing rights-of-way (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 infonn interested parties (potential lessees, pennittees, operators) that when one or more of the above conditions exist, surface disturbing activities will be prohibited unless or until the pennittee or the designated representative and the surface management agency (SMA) anive 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 fiom water) have been established based upon the best infonnation available. However, geographical areas and time periods of concern must be delineated at the field level (i.e., "surface water and/or,riparian areas" may include both intennittent and ephemeral water sources or may be limited to perennial surface water). The referenced oil and gas leases on these lands are hereby made subject to the stipulation that the exploration or drilling activities will not interfere materially with the use of the area as a materials site/fiee use pennit. At the time operations on the above lands are commenced, notification will be made to the appropriate agency. The name of the appropriate agency may be obtained fiom the proper BLM Field Office. TIllS NOTICE APPLIES TO ALL PARCELS :,\/1,1/ ,~¡f i .? 6 0 1 2 LEASE NOTICE NO.2 BACKGROUND: (;.0\)760 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 ofthese 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 norn1ally 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 wi11...protect, cOlmect, 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." ll1erefore, 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 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 wilJ 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 ~ationa1 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 wilJ 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 detennine if any design, siting, tinùng, or reclamation requirements are necessary. ll1Ís strategy is necessary until the BLM detennines that, based on the results of the completed viewshed analysis and archaeological inventory, the existing land use plans (Resource Management Plans) have to be amended. The use of 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 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, pennittees, operators) that when any oil and gas lease contains remnants of National Historic Trails, or is located within the viewshed ofa National Historic Trails' designated centerline, surface disturbing activities wilI require the lessee, pcnnittee, operator or, their designated representative, and the surface management agency (SMA) to arrive at an acceptable plan for mitigation of anticipated impacts. ll1Ís negotiation wilJ occur prior to development and become a condition for approval when authorizing the action. THIS NOTICE APPLIES TO ALL PARCELS WY.._r'6012 SPECIAL LEASE STIPULATION û00761 This lease may be found to contain historic propel1ies 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 cannot be successfully avoided, minimized or mitigated. THIS STIPULATION APPLIES TO ALL PARCELS OOô762 WYW176012 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 IS 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 19S0 and 2820.) OOô763 WYW176012 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.) êOû764 WYW176012 CONTROLLED SURFACE USE STIPULATION - CSU Surface occupancy or use is subject to the following special operating constraints. (1) Surface occupancy or use will be restricted or prohibited unless the operator and surface managing agency anive at an acceptable plan for mitigation of anticipated impacts; On the lands described below: (2) as mapped on the Kemmerer Field Office GIS database; For the purpose of: (3) protecting Class I and II Visual Resource Management Areas. 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.) 00ô765 WYW176012 CONTROLLED SURFACE USE STIPULATION - CSU Surface occupancy or use is subject to the following special operating constraints. (1) Surface occupancy or use within 1/4 mile ofa 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 anticipated 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.) ûOô766 WYW176012 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 anive 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) lin1iting 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.) ',0176012 ATTACHMENT TO EACH LEASE ÛOû767 NOTICE TO LESSEE 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 D.S.C. 201 (a)(2)(A), requires that any entity that holds and has held a Federal coal lease for 10 years beginning on or after August 4, 1976, and who is not producing coal in commercial quantities from each such lease, cannot qualify for the issuance of any other lease granted under the MLA. Compliance by coal lessees with Section 2(a)(2)(A) is explained in 43 CFR 3472. In accordance with the tenns of this oil and gas lease, with respect to compliance by the initial lessee with qualifications conceming Federal coal1ease holdings, all assignees and transferees are hereby notified that this oil and gas lease is subject to cancellation if: (1) the initial lessee as assignor or as transferor has falsely certified compliance with Section 2(a)(2)(A), or (2) because of a denial or disapproval by a State Office of a pending coal action, i.e., anns-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). Infonnation 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.