HomeMy WebLinkAbout959380Form 3100 -11
(October 2008)
1. Name
Street
City, State, Zip Code
3. Land included in lease:
T. 0240N R. 1120W
Sec. 031 LOTS 1 -4;
031 E2,E2NW;
032 ALL;
(Continued on page 2)
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
OFFER TO LEASE AND LEASE FOR OIL AND GAS
The undersigned (page 2) offers to lease all or any of the lands in item 2 that are available for lease pursuant to the Mineral Lands 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),
(other).
or READ INSTRUCTIONS BEFORE COMPLETING
BASELINE MINERALS INC
518 17TH ST STE 1050
DENVER, CO 802024113
2. This application/offer /lease is for: (Check Only One) x❑ PUBLIC DOMAIN LANDS ACQUIRED LANDS (percent U.S. interest
Surface managing agency if other than Bureau of Land Management (BLM):
Legal description of land requested: *Parcel No.: *Sale Date (mm/dd /yyyy):
*See Item 2 in Instructions below prior to completing Parcel Number and Sale Date.
T R. Meridian State County
Future rental payments must be made
on or before the anniversary date to:
Office of Natural Resources Revenue
Royalty Management Program
P.O. Box 5640 MS -357B1
Denver, CO 80217
Amount remitted: Filing fee
Rental fee
DO NOT WRITE BELOW THIS LINE
Meridian 06th
State WY County Lincoln
This lease is issued granting the exclusive right to drill for, mine, extract, remove and dispose of all the oil and gas (except helium) in the lands
described in Item 3 together with the right to build and maintain necessary improvements thereupon for the term indicated below, subject to
renewal or extension in accordance with the appropriate leasing authority. Rights granted are subject to applicable laws, the terms, conditions,
and attached stipulations of this lease, the Secretary of the Interior's regulations and formal orders in effect as of lease issuance, and to regulations
and formal orders hereafter promulgated when not inconsistent with lease rights granted or specific provisions of this lease.
NOTE: This lease is issued to the high bidder pursuant to his /her duly executed bid form submitted under 43 CFR 3120 and is subject to
the provisions of that bid and those specified on this form.
Type and primary term: THE UNITED STATES OF AMERICA
Noncompetitive lease (ten years)
(BLM)
utch of Fluid Minerals Adjudication
El Competitive lease (ten years) (Title)
Other
Chi ef, B
FOR LESSEE
RECEIVED 5/23/2011 at 11:21 AM
RECEIVING 959380
BOOK: 767 PAGE: 5
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Total acres in lease 1149.92
Rental retained 1725.00
Unit/Project
Serial Number
WYW178968
Total acres applied for
Total
EFFECTIVE DATE OF LEASE
00000s
APPS
(Date)'
MAY 012li
4. (a) Undersign.. ..,«lies that (1) offeror is a citizen of the United Su., association of such citizens; a municipality; o... .ation
organized under the laws of the United States or of any State or Territory thereof, (2) all parties holding an interest in the offer are in compliance
with 43 CFR 3100 and the leasing authorities; (3) offeror's chargeable interests, direct and indirect, in each public domain and acquired lands
separately in the same State, do not exceed 246,080 acres in oil and gas leases (of which up to 200,000 acres may be in oil and gas options 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
under the laws of the State in which the lands covered by this offer are located; (5) offeror is in compliance with qualifications concerning Federal
coal lease holdings provided in sec. 2(a)2(A) of the Mineral Leasing Act; (6) offeror is in compliance with reclamation requirements for all
Federal oil and gas lease holdings as required by sec. 17(g) of the Mineral Leasing Act; and (7) offeror is not in violation of sec. 41 of the Act.
(b) Undersigned agrees that signature to this offer constitutes acceptance of this lease, including all terms conditions, and stipulations of which
offeror has been given notice, and any amendment or separate lease that may include any land described in this offer open to leasing at the time
this offer was filed but omitted for any reason from this lease. The offeror further agrees that this offer cannot be withdrawn, either in whole or in
part unless the withdrawal is received by the proper BLM State Office before this lease, an amendment to this lease, or a separate lease,
whichever covers the land described in the withdrawal, has been signed on behalf of the United States.
This offer will be rejected and will afford offeror no priority if it is not properly completed and executed in accordance with the
regulations, or if it is not accompanied by the required payments.
Duly executed this
(Continued on page 3)
day of 20
Sec. 1. Rentals Rentals must 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; thereafter $2.00;
(b) Competitive lease, $1.50; for the first 5 years; thereafter $2.00;
(c) Other, see attachment, or
as specified in regulations at the time this lease is issued.
If this lease or a portion thereof is committed to an approved cooperative
or unit plan which includes a well capable of producing leased resources,
and the plan contains a provision for allocation of production, royalties
must be paid on the production allocated to this lease. However, annual
rentals must continue to be due at the rate specified in (a), (b), or (c)
rentals for those lands not within a participating area.
Failure to pay annual rental, if due, on or before the anniversary date of
this lease (or next official working day if office is closed) must
automatically 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 must be paid to proper office of lessor.
Royalties must be computed in accordance with regulations on
production removed or sold. Royalty rates are:
(a) Noncompetitive lease, 12 1/2
(b) Competitive lease, 12 1/2
(c) Other, see attachment; or
as specified in regulations at the time this lease is issued.
LEASE TERMS
(Signature of Lessee or Attorney -in -fact)
000006
Title 18 U.S.C. Section 1001 and Title 43 U.S.C. Section 1212 make it a crime for any person knowingly and willfully to make to any department or Agency
of the United States any false, fictitious, or fraudulent statements or representations as to any matter within its jurisdiction.
Lessor reserves the right to specify whether royalty is to be paid in value
or in kind, and the right to establish reasonable minimum values on
products after giving lessee notice and an opportunity to be heard.
When paid in value, royalties must be due and payable on the last day
of the month following the month in which production occurred. When
paid in kind, production must be delivered, unless otherwise agreed to
by lessor, in merchantable condition on the premises where produced
without cost to lessor. Lessee must not be required to hold such
production in storage beyond the last day of the month following the
month in which production occurred, nor must lessee be held liable for
loss or destruction of royalty oil or other products in storage from
causes beyond the reasonable control of lessee.
Minimum royalty in lieu of rental of not less than the rental which
otherwise would be required for that lease year must be payable at the
end of each lease year beginning 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 ultimate recovery of the leased resources, or is
otherwise justified.
An interest charge will be assessed on late royalty payments or
underpayments in accordance with the Federal Oil and Gas Royalty
Management Act of 1982 (FOGRMA) (30 U.S.C. 1701). Lessee must 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 the part of the operator,
or due to the failure to comply with any rule, regulation, order, or citation
issued under FOGRMA or the leasing authority.
(Form 3100 -11, page 2)
Sec. 3. Bonds -A bond must be filed and maintained for lease operations
as required under regulations.
Sec. 4. Diligence, rate of development, unitization, and drainage- Lessee
must exercise reasonable diligence in developing and producing, and
must 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 must drill and produce wells necessary to
protect leased lands from drainage or pay compensatory royalty for
drainage in amount determined by lessor.
Sec. 5. Documents, evidence, and inspection- Lessee must file 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 form as lessor may prescribe,
lessee must 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 diagrams showing development work and
improvements, and reports with respect to parties in interest,
expenditures, and depreciation costs. In the form prescribed by lessor,
lessee must keep a daily drilling record, a log, information on well
surveys and tests, and a record of subsurface investigations and furnish
copies to lessor when required. Lessee must keep open at all reasonable
times for inspection by any representative of lessor, the leased premises
and all wells, improvements, machinery, and fixtures thereon, and all
books, accounts, maps, and records relative to operations, surveys, or
investigations on or in the leased lands. Lessee must maintain copies of
all contracts, sales agreements, accounting records, and documentation
such as billings, invoices, or similar documentation that supports costs
claimed as manufacturing, preparation, and /or transportation costs. All
such records must be maintained in lessee's accounting offices for future
audit by lessor. Lessee must maintain required records for 6 years after
they are generated or, if an audit or investigation is underway, until
released of the obligation to maintain such records by lessor.
During existence of this lease, information obtained under this section
will be closed to inspection by the public in accordance with the
Freedom of Information Act (5 U.S.C. 552).
Sec. 6. Conduct of operations- Lessee must conduct operations in a
manner that minimizes adverse impacts to the land, air, and water, to
cultural, biological, visual, and other resources, and to other land uses or
users. Lessee must take reasonable measures deemed necessary by lessor
to accomplish the intent of this section. To the extent consistent with
lease rights granted, such measures may include, but are not limited to,
modification to siting or design of facilities, timing of operations, and
specification of interim and final reclamation measures. Lessor reserves
the right to continue existing uses and to authorize future uses upon or in
the leased lands, including the approval of easements or rights -of -way.
Such uses must be conditioned so as to prevent unnecessary or
unreasonable interference with rights of lessee.
Prior to disturbing the surface of the leased lands, lessee must 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 term special studies under guidelines provided by lessor. If in the
conduct of operations, threatened or endangered species, objects of
historic or scientific interest or substantial unanticipated environmental
effects are observed, lessee must immediately contact lessor. Lessee must
cease any operations that would result in the destruction of such species
or objects.
(Continued on page 4)
Sec. 7. Mining operations -To the extent that impacts from mining
operations would be substantially different or greater than those
associated with normal drilling operations, lessor reserves the right to
deny approval of such operations.
000
Sec. 8. Extraction of helium- Lessor reserves the option of extracting or
having extracted helium from gas production in a manner specified and
by means provided by lessor at no expense or loss to lessee or owner of
the gas. Lessee must include in any contract of sale of gas the provisions
of this section.
Sec. 9. Damages to property- Lessee must pay lessor for damage to
lessor's improvements, and must save and hold lessor harmless from all
claims for damage or harm to persons or property as a result of lease
operations.
Sec. 10. Protection of diverse interests and equal opportunity- Lessee
must pay when due all taxes legally assessed and levied under laws of the
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 with
standard industry practices and take measures necessary to protect the
health and safety of the public.
Lessor reserves the right to ensure that production is sold at reasonable
prices and to prevent monopoly. If lessee operates a pipeline, or owns
controlling interest in a pipeline or a company operating a pipeline,
which may be operated accessible to oil derived from these leased lands,
lessee must comply with section 28 of the Mineral Leasing Act of 1920.
Lessee must comply with Executive Order No. 11246 of September 24,
1965, as amended, and regulations and relevant orders of the Secretary of
Labor issued pursuant thereto. Neither lessee nor lessee's subcontractors
must maintain segregated facilities.
Sec. 11. Transfer of lease interests and relinquishment of lease -As
required by regulations, lessee must file with 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
relinquishment, which will be effective as of the date of filing, subject to
the continued obligation of the lessee and surety to pay all accrued
rentals and royalties.
Sec. 12. Delivery of premises -At such time as all or portions of this lease
are returned to lessor, lessee must place affected wells in condition for
suspension or abandonment, reclaim the land as specified by lessor and,
within a reasonable period of time, remove equipment and improvements
not deemed necessary by lessor for preservation of producible wells.
Sec. 13. Proceedings in case of default -If lessee fails to comply with any
provisions of this lease, and the noncompliance continues for 30 days
after written notice thereof, this lease will be subject to cancellation
unless or until the leasehold contains a well capable of production of oil
or gas in paying quantities, or the lease is committed to an approved
cooperative or unit plan or communitization agreement which contains a
well capable of production of unitized substances in paying quantities.
This provision will not be construed to prevent the exercise by lessor of
any other legal and equitable remedy, including waiver of the default.
Any such remedy or waiver will not prevent later cancellation for the
same default occurring at any other time. Lessee will be subject to
applicable provisions and penalties of FOGRMA (30 U.S.C. 1701).
Sec. 14. Heirs and successors -in- interest -Each obligation of this lease
will extend to and be binding upon, and every benefit hereof will inure to
the heirs, executors, administrators, successors, beneficiaries, or
assignees of the respective parties hereto.
(Form 3100 -11, page 3)
A. General:
1. Page 1 of this form is to be completed only by parties filing for a
noncompetitive lease. The BLM will complete page 1 of the form
for all other types of leases.
2. Entries must be typed or printed plainly in ink. Offeror must sign
Item 4 in ink.
3. An original and two copies of this offer must be prepared and
filed in the proper BLM State Office. See regulations at 43 CFR
1821.2 -1 for office locations.
4. If more space is needed, additional sheets must be attached to
each copy of the form submitted.
B. Special:
Item 1 -Enter offeror's name and billing address.
Item 2- Identify the mineral status and, if acquired lands, percentage
of Federal ownership of applied for minerals. Indicate the agency
controlling the surface of the land and the name of the unit or Project
which the land is a part. The same offer may not include both Public
NOTICES
_main and Acquired lands. Offeror also may p ter information
that will assist in establishing title for minerals. The description of land
must conform to 43 CFR 3110. A single parcel number and Sale Date
will be the only acceptable description during the period from the first
day following the end of a competitive process until the end of that same
month, using the parcel number on the List of Lands Available for
Competitive Nominations or the Notice of Competitive Lease Sale,
whichever is appropriate.
000008
Payments: The amount remitted must include the filing fee and the first
year's rental at the rate of $1.50 per acre or fraction thereof. The full
rental based on the total acreage applied for must accompany an offer
even if the mineral interest of the United States is less than 100 percent.
The filing fee will be retained as a service charge even if the offer is
completely rejected or withdrawn. To protect priority, it is important that
the rental submitted be sufficient to cover all the land requested. If the
land requested includes lots or irregular quarter quarter sections, the
exact area of which is not known to the offeror, rental should be
submitted on the basis of each such lot or quarter quarter section
containing 40 acres. If the offer is withdrawn or rejected in whole or in
part before a lease issues, the rental remitted for the parts withdrawn or
rejected will be returned.
Item 3 -This space will be completed by the United States.
The Privacy Act of 1974 and the regulations in 43 CFR 2.48(d) provide that you be furnished with the following information in connection with
information required by this oil and gas lease offer.
AUTHORITY: 30 U.S.C. 181 et seq.; 30 U.S.0 351 -359
PRINCIPAL PURPOSE: The information is to be used to process oil and gas offers and leases.
ROUTINE USES: (1) The adjudication of the lessee's rights to the land or resources. (2) Documentation for public information in support of notations
made on land status records for the management, disposal, and use of public lands and resources. (3) Transfer to appropriate Federal agencies when
consent or concurrence is required prior to granting a right in public lands or resources. (4)(5) Information from the record and /or the record will be
transferred to appropriate Federal, State, local or foreign agencies, when relevant to civil, criminal or regulatory investigations or prosecutions.
EFFECT OF NOT PROVIDING INFORMATION: If all the information is not provided, the offer may be rejected. See regulations at 43 CFR 3100.
(Form 3100 -11, page 4)
PARCEL NUMBER
AMOUNT OF BID (see instructions below)
TOTAL BID
PAYMENT. SUBMITTED
WITH BID
THE BID IS FOR (check one):
❑Oil and Gas Parcel Number =W
❑Geothermal Parcel Number
Name of Known Geothermal Resource Area (KGRA)
Forrfi 300'0 -2
(August 2007)
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 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 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 including all applicable terms and,
conditions. Failure to comply with the applicable laws and regulations under which this bid is made will result in rejection of the bid and forfeiture of
all monies submitted. P te'
City
(Continued on page 2)
Print or Type Name of Lessee
Address of Lessee
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
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 bids the
first year's rental and the administrative fee. The remittanc° 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 will result in rejection of the bid offer and
forfeiture of all monies paid.
3. If the bidder is not the sole party in interest in the lease for which the
bid is submitted, all other parties in interest may be required to furnish
evidence of their qualifications upon written request by the BLM.
4. This bid may be executed (signed)'before the oral auction. If signed
before the oral auction, this 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 the BLM at the oral auction.
INSTRUCTIONS
OPTIONAL USE COPY
State
Vsi 1,, i 7896 -a
Date of Sale
h�
Signature of Lessee or B s der
INSTRUCTIONS FOR GEOTHERMAL OR
NPR -A OIL AND 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 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 bid.
3. Mark the envelope "Bid for Geothermal 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 make it a crime for any person knowingly and willfully to make to any department or agg�cy of the Unitad States
any false, fictitious or fraudulent statements or representations as to any matter within its jurisdiction.
QUALIFICATIONS
For leases that may be issued as a result of this sale under 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. 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
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 result of this sale under the Geothermal Steam Act of 1970, as amended, 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.
For leases that may be issued as a result of this sale under the Department of the Interior Appropriations Act of 1981, the
bidder must: (1) Be a citizen or national of the United States; an alien lawfully admitted for permanent 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
Wen
The Privacy 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 U.S.C. 351 -359; 30 U.S.C. 1001-1025; 42 U.S.C. 6508
PRINCIPAL PURPOSE: The information is to be used to process your bid.
ROUTINE USES: (1) The adjudication of the bidder's right to the resources for which this bid is made. (2)
Documentation for public information. (3) Transfer to appropriate Federal agencies when comment or concurrence is
required prior to granting a right in public lands or resources. (4)(5) Information from the record and /or the record will be
transferred to appropriate Federal, State, local or foreign agencies, when relevant to civil, criminal or regulatory
investigations or prosecutions.
EFFECT OF NOT PROVIDING INFORMATION: Disclosure of the information is voluntary. If all the information is not
provided, your bid may be rejected.
(Form 3000 -2, page 2)
wooloa
S 21
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 STIPULATION APPLIES TO ALL PARCELS
WYW 17896
000011
LEASE NOTICE NO. 1
WYIh 3968
00v 0112
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 final reclamation
measures, which may require relocating proposed operations up to 200 meters, but not off the leasehold, and
prohibiting surface disturbance activities for up to 60 days.
The lands within this lease may include areas not specifically addressed by lease stipulations that may contain special
values, may be needed for special purposes, or may require special attention to prevent damage to surface and/or
other resources. Possible special areas are identified below. Any surface use or occupancy within such special areas
will be strictly controlled or, if absolutely necessary, prohibited. Appropriate modifications to imposed restrictions
will be made for the maintenance and operation of producing wells.
1. Slopes in excess of 25 percent.
2. Within 500 feet of surface water and/or riparian areas.
3. Construction with frozen material or during periods when the soil material is saturated or when watershed
damage is likely to occur.
4. Within 500 feet 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 information
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 /free use permit. At the time
operations on the above lands are commenced, notification will be made to the appropriate agency. The name of the
appropriate agency may be obtained from the proper BLM Field Office.
THIS NOTICE APPLIES TO ALL PARCELS
LEASE NOTICE NO. 2
BACKGROUND:
The Bureau of Land Management (BLM), by including National Historic Trails within its National Landscape
Conservation System, has recognized these trails as national treasures. Our responsibility is to review our strategy
for management, protection, and preservation of these trails. The National Historic Trails in Wyoming, which
include the Oregon, California, Mormon Pioneer, and Pony Express Trails, as well as the Nez Perce Trail, were
designated by Congress through the National Trails System Act (P.L. 90 -543; 16 U.S.C. 1241 -1251) as amended
through P.L. 106 -509 dated November 13, 2000. Protection of the National Historic Trails is normally considered
under the National Historic Preservation Act (P.L. 89 -665; 16 U.S.C. 470 et seq.) as amended through 1992 and the
National Trails System Act. Additionally, Executive Order 13195, "Trails for America in the 21 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 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 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 of facilities to
camouflage or otherwise hide the proposed operations within the viewshed. Additionally, specification of interim
and final reclamation measures may require relocating the proposed operations within the leasehold. Surface
disturbing activities will be analyzed in accordance with the National Environmental Policy Act of 1969 (Pl. 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 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 BLM determines that it is
necessary to amend existing land use plans.
WYW 17896,8
GUIDANCE:
The intent of this notice is to inform interested parties (potential lessees, perrnittees, 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
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Greater Sage Grouse Habitat: The lease may in part, or in total, contain important Sage grouse
habitats as identified by the BLM, either currently or prospectively. The operator may be
required to implement specific measures to reduce impacts of oil and gas operations on the Sage
grouse populations and habitat quality. Such measures shall be developed during the Application
for Permit to Drill (APD) on -site and environmental review process and will be consistent with
the lease rights granted.
Lease Notice No. 3
THIS NOTICE APPLIES TO ALL PARCELS
WYW 17896,8
SPECIAL LEASE STIPULATION
This lease may be found to contain historic properties and /or resources protected under
the National Historic Preservation Act (NHPA), 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
WYW178968
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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 Jul 15;
On the lands described below:
(2) as mapped on the Kemmerer Field Office GIS database;
For the purpose of (reasons):
(3) protecting nesting Greater sage grouse.
TIMING LIMITATION STIPULATIONS TLS
OOvOi6
WYW 178968
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.)
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.
TIMING LIMITATION STIPULATIONS TLS
00:/017
WYW178968
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.)
On the lands described below:
CONTROLLED SURFACE USE STIPULATION CSU
Surface occupancy or use is subject to the following special operating constraints.
(1) The lease area may now or hereafter contain plants, animals, or their habitats determined to be threatened,
endangered, or other special status species. BLM may recommend modifications to exploration and
development proposals to further its conservation and management objective to avoid BLM- approved activity
that will contribute to a need to list such a species or their habitat. BLM may require modifications to or
disapprove proposed activity that is likely to result in jeopardy to the continued existence of a proposed or listed
threatened or endangered species or result in the destruction or adverse modification of a designated or
proposed critical habitat. BLM will not approve any ground- disturbing activity that may affect any such species
or critical habitat until it completes its obligations under applicable requirements of the Endangered Species Act
as amended, 16 U.S.C. 1531 et seq., including completion of any required procedure for conference or
consultation;
(2) as mapped on the Kemmerer Field Office GIS database;
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WYW178968
For the purpose of:
(3) protecting Species affected by water depletions from the Colorado River system; Centrocercus urophasianus
(Greater 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.)
Surface occupancy or use is subject to the following special operating constraints.
On the lands described below:
(2) as mapped on the Kemmerer Field Office GIS database;
For the purpose of:
CONTROLLED SURFACE USE STIPULATION CSU
WYW 178968
(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;
(3) limiting winter access, protecting habitat quality, and preventing the loss of crucial big game winter range.
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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.)
ATTACHMENT TO EACH LEASE
NOTICE TO LESSEE
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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) of the MLA, 30 U.S.C..201.(a)(2)(A), requires thatany 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 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.
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