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HomeMy WebLinkAbout961189Fthin 3100 -1Ib (.August 19811) 1 Name Street City, State Amount remitted: Filing fee 5 3 Land included in lease: READ INSTRUCTIONS BEFORE COMPLETING Donald B Anderson Ltd 1200 17th St #1150 Denver, CO 80202 Lip Code 0200N 1120W 06th R. Meridian sec. 004 S2NE; 010 SWSW; RECEIVED 9/28/2011 at 3:28 PM RECEIVING 961189 BOOK: 773 PAGE: 445 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Type and primary term of lease: L) Noncompetitive Icasc (ten years) L .1 Competitive lease (live years( LI Other (Continued 011 reverse) U1 3D STATES DEPARTMi.i. f OF THE INTERIOR BUREAU OF LAND MANAGEMENT OFFER TO LEASE AND LEASE FOR OIL AND GAS Rental (ec 5 DO NOT WRITE BELOW THIS LINE WY Lincoln Slate THE UNITED STATES OF AMERICA by (Signing Officer) Supervisory Land Law Examiner (Title) 0 1 1992 EFFECTIVE DATE OF LEASE Serial No. WY43.12775 0 The undersigned (reverse) offers to lease all or any of the lands in Item 2 that are available for lease pursuant to the Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 et seq.). the Mineral Leasing Act for Acquired Lands of 1947. as amended (30 U.S.0 351 -359). the Attorney General's Opinion of April 2. 1941 (40 Op. Any. Gen. 41). or the 000445 2 This application /o(ferrlease is for (('heck only One) PUBLIC DOMAIN LANDS 0 ACQUIRED LANDS (percent U.S. interest Surface managing agency if other than BLM: Unit!Prolect Legal description of land requested, "Parcel No.. *Sale Date (m /d /y): *SEE ITEM 2 IN INSTRUCTIONS BELOW PRIOR TO COMPLETING PARCEL NUMBER AND SALE DATE. T. R. Meridian State County Total acres applied for Total 5 CERTIF 7-D Cnun be a trl:c and comr,=Irafive copy of ft:: :(cial reco'rcis file 0 ;,2 2 9 2011 B EAii ND DIANA 120.000 Total acres in lease Rental retained 5 180. U0 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 descritxd in Item 3 together with the right to build and maintain necessary improvements thereupon for the tern indicated helow, 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 i -ase, ill:: 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 ..r .specific provisions of this lease. NOTE: This lease is issue() to the high kidder pursuant to his /her duly executed bid or nomination form submitted under 43 CFR 3120 and is subject to the provisions of thief bid or nomuuation and those specified on this form. (Date) win 43 l r is 1 r 000 !easintti, aurior ices id) orreroes chargeable interests. direct and indirect :n either cull:- Jorna; and do not exceed 246.080 acres in Federal oil and 2 the same State. of h not more than 2 f) 0vn option. or 3 X00,000 acres in leases arid 700 options in either leasing District in Alaska: (4) offeror is :red a minor under the t•.vs t,f 'he state in which the Iaral this offer are locate;; offeror ini,nnce with qualifications concerning Federal coal lease holdings provided in sec 2(a)(2)(A) of the Mineral Lea.sing Ac,. ,6) offeroi is in compliance Utli reclamation requirements ioi ;d Federal it 2.1H gas .east holdings as required by sec. 17(g) of the ?viineral Leasing Act; and (7` offeror is net rr ;olation of sec. i of the fat atieriagned agree s that signature to this offer constitutes acceptance of this lease. in eluding al( terms. conditions, and s ipulations of which offeror leis been s," en notice. and any amendment 01 atii.))1; na :hat may include any lair, described in this offer open to leasing at the time this offer was filed 'cut for any reason from this leas: offeror °archer agrees that this alter 22. L reviti'lSrawn, either in whole or in part. unless tide withdrawal is received b• the proper ELM State Office before, this lease, an amendment to this lea. or a separate lease. ixhichevcr :avers the and 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 necordance with the r)))).1 or i11 it is not :acarainpeartbed by tfaat required siaynnants. 15 U.S.C. Sec. MI mate it a crime for any parser] knowingly and willaully to make to any Department or agency of the United SL:., na .;x a, ,sctittratt ,r frandw�s,t ad. -ute_n s1 or rept as to any matter within its jurisdiction. d jj :Dui, executed this day of 19 R:;.' ..r Rentals shall ix: paid to proper office of lessor in advance of each lease Year 'real rental rates per acre or fraction thereof are 'voncorpmaiuve lease, $1.50 for the first 5 years. thereafter $2.00; (b) Competitive lease, $1.50: for primary term. thereafter 52.00: 10) Other. _roe attachment. or spocifeci in regulations Zt the time this lease is issued. this lease or a portion thereof is committed to an approved cooperative or unit plan which .deludes well capable of producing leased resources, and dm plan contains a provision for .allecea.ion %f production, royalties shall be paid on the production allocated to this !ease. However. annual rentals shall continue to he due at the rate specified in tea). (b). or (c) for those !ands r;iir• a participating area. .;iurc to lay annual rental. if due, on or before the anniversary date of this lease (or next fct..l working day if office is closed) shall automatically terriinate this lease by operation of ist, Rentals may he waived. reduced, or suspended by the Secretary upon a sufficient showing Royalties— Royalties shall be paid to proper office of lessor Royalties shall be compur in ar-cordar•24 with regulations on production removed or soli. Royalty rates are: tar Noncompetitive lease, 121/2%. b) Competitive lease. 12' To. Other. see attachment: or as speci in regulations at the time this lease is issued. ...assor reser :es 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 shall be due and payable on the last day the month following the month in which production tmeurred. When paid in kind, production .rc delivered, unless otherwise agreed to by lessor. in :merchantable condition on to premises •w'i^iarc ?reduced without cost to lessor. Lessee shaJl not be required to hold such production in storage beyond the last day of the month following the month in which production occurred, less :mot: be held liable l0r loss or d; atructiot, of royalty oil or ocher products in storage _tittles beyond the reasonable control of lessee. f.'i mtmcsa royalty in lieu of rental of not less than the rental which otherwise would be required Mr that lease year shall be payable at the end of each lease year beginning on or after a discover. :_ayin_ uantities. This minimum royalty may be waived, suspended. 02 reduced, and the :boa: royalty rates may Ise reduced, for all or portions of this lease if the Secretary determines "ieil such :ctior, is necessary to encourage the greatest ultimate recovery of the leased resources. is .n.rer.i54 Justified. ,n interest charge shall be assessed on late royalty >:vments nr underpayments in accordance h the Federal Gil and Gas Royalty Ivianagement Act of 1982 {FOGRMA) (30 U.S.C. 1701) Pe liable. for royalty payments on oil and gas lost or wasted From a rase site when 2 1 5 0 5 die Po es on the -art of the operate: or clue to the failure to comply ,s ,ere or •_nation issued ender FGGRMA in the leasing authorir; bond shall be tied and maintained for lease operations as required ander {t:Ian c. 4. Diligence, rate of development, unitization, and drainage Lessee shall exercise reasonable idrgence in developing and producing, and shall prevent unnecessary damage to. loss of. or 'n 2510 of leased resources. Lessor reserves right to specify rates of development and production in .5e public interest and to require lessee to subscribe to a cooperative or unit plan. within 30 tia }2 of nonce. if deemed necessary for proper development and operation of area, field, or pool embracing these leased lands. Lessee shall drill and produce wells necessary to protect leased lands from drainage or pay compensatory royalty for drainage •n amount determined by lessor. 'etc. 5. Documents. evidence, and inspection— Lessee shall file with proper office of lessor. ant later than 30 days after effective date thereof, any contract cr evidence of other arrangement Sv sale or disposal of production. At such times and in such form as lessor may prescribe, lessee •hall furnish detailed statements showing amounts and quality of all products removed and sold. o roce xds therefrom. and amount used for production purposes or unavoidably lost. Lessee may be required m 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 shall 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 shall keep open at all reasonable times for inspection by any authorized officer of lessor. the leased premises and all wells. improvements machinery, and fixtures thereon, and all txxiks, 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 killings. invoices, or similar documentation that supports LEASE TERMS 00446 (Signature of Lessee or Arorttey -in -fact) costs claimed as manufacturing, prcpararor: :rd, 'r transportation costs. All such :records shall lac maintainer in lessee's accounting 0l: 4e:. 'or nature audit by lesser. Lessee shall maintain required records for 6 years after they art >,e; erased or if an audit or investigation is underway, until released of the obligation to maintain such records by lessor. During existence of this lease. infortrc,tion obtained under this section shall be closed to inspection by the public in accordance wee the Freedom of information Act (5 U.S.C. 552). Sec. 6. Conduct of operation:, Lessee :hall cottdu eperaadr ns in a manner r1ist'minimizes adverse impacts to the land. ai an; .eater. i- cultural. biologics. visual, and other resources, and to other land uses or asers. L Het snail take e,.,i'2!'( measures deemed necessary by lessor to accomplish the intent >f a:._ section. To the ..,:n; eon:,ustcat with lease rights gr anted. such measures may include, but z non :united 0, me 62'5c rr :o siting or des igri of facilities, tinning of operations. and specification of interim and i nai reclamation measures. '1,a;sor reserves the right to continue existing uses and to authorize future 12505 loon or in the leased lands, including die approval of easements or rights -of -way. Suci ()Set Sllal1 biz conditioned so as to prevent unnecessarj or unreascnabie interference with rights hts cd lessee:. Prior 0 disturbing the surface of the leased lands. lessee shall contact lessor to be apprised of procedures to be followed and modifications ec rerlamation measures that may be meessari. Areas to be disturbed may require inventories o- sp.xiai studies to determine the extent of impacts to other resources. Lessee_ may he required aamplerc minor inventories or short term special studies under guidelines provided by lessor If in conduct of egiemations, threatened or endangered species. objects of historic or 54212220' interest. or substantial unanticipated environmental effects a-e observed. lessee shall imtmelisv-)y contact lessor. Lessee shall cease any operations that would result in the Gusteacno of such spxies or objects. Sec. 7. Mining operations —To the extent that ;mpac from mining operations would be substantially different rr greater than those associated sdui norriai drilling operations, lessor reserves the right to deny approval of such operations. Sec. 8. Extraction 1:3602:2 Lessor reserves the •*m of .txtractins or having extracted helium from gas production in a manner cc+tier' aim by means provided by lessor at no expense or loss to lessee or owner Pie esea t art; uncle,: in .sny conu of :ale of gas the provisions of this section. Sec. 9. Damages to prepert' Lessee lessor fnr damage to lessor's improvements, and shall save and hold lessor hanailess from :hams for damage or harm to persons or pm as a result of leas_ operations. Sec. 10. Protection of diverse interests .;al ;test nr runny-- -Legge Shall: pay when dne all taxes legally assessed and levied ureter I vs lx o. the tittered States; accord ail employe-es complete freedom of pur:hase, pay all wages 'esai mace each month in lawful money of the United States, maintains safe working emtiretren nt rn accordance afith standard iodus.ly practices: and take measures necessar: u) pi the beafh and -afe'y of the public. Lessor reserves •he r igr. :0 ensure itttii tion is old at 2 '.uonable ,riches and to prevent monopoly. !f lessee operates a pipeline. ot owns aonrroi ling 'merest in a pipeline or a company operating a pipeii, `a ,tiese ',cased lands lessee shall campy .t, sector, 29 of the I. seii is Sie 920 Lessee shall oomph wfth E:ecuttvi.. uer September 2 I955, as nrr:. ]:t^xi. and regulations and relevant orders of he Secratina. of Lacan issued pursuant thereto. Neither lessee nor lessee's subcontractors shall ntniutar aegr, aid facilities. Sec. 11. Transfer of lease interests and rerinoatishr'.^.ent of lease—As required by regulations, lessee shall 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 gull be effective as of the date of filing, subject to the continued obligation of the lessee and surety to pay all accrued ren',.ars and royalties Sec. 12. Delivery of premises —At such time as all or portions of this lease arc returned to lessor., lessee shall 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 necessar• by lessor for prescrvaticn of producible wells. Sec. 13. Proceedings in case of default —l) lessee fails to comply with any provisions of this lease, and the noncompliance continues for 30 days after written notice thereof, this lease shall to subject to cancellation unless or until '_ts leasehold contains a well capable of production of oil or gas in paying quantities. or the lease is communed to an approved cooperative or unit plan or communituzatuon agreement which contains a well capable of production of unitized substances in paying quantities. This provision shall not bre construed to prevent the exercise by lessor of any other legal anti equitable remedy. including waiver of the default. Any such remedy or waiver shall lot prevent later cancellation for the same default occurring at any other time Lessee shall 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 shall extend to and be binding upon. and every benefit hereof shall inure to the heirs executors, administrators. successors, beneficiaries, or assignees ai the respectiv, parties hereto. (Continued on reverse) UNITED STATES DEPARTMENT OF THE 1N) hRIOR 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 TOTAL BID BU City PARCEL NUMBER THE BID IS FOR (Check one) abiI and Gas Parcel Number 333 Geothermal Parcel Number Name of Known Geothermal Resource Area (KGRA) The appropriate regulations applicable to this bid are: (1) for oil and gas leases -43 CFR 3120; (2) for Nationa Petroleum Reserve Alaska (NPR -A) leases -43 CFR 3132; and (3) for Geothermal resources leases -43 CFR 3220. (See details concerning lease qualifications on reverse.) 1 CERTIFY THAT! have read and am in compliance with, and not in violation of, the lessee qualification requirements under the applicable regulations for this bid. 1 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 s'nding lease offer, including all applicable terms and conditions. Failure to comply with the applicable laws and regulations under which this b: is ma'e all result in rejection of the bid and forfeiture of all monies submitted. Cr,O Print or Type Name of Lessee Zoo /7'L 54&r Sai'Yc Address of Lessee C'O State INSTRUCTIONS FOR OIL AND GAS BID (Except NPR -A) T a to Zip Code 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 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 monks paid. 3. If 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 authorized officer. 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), bidder may wish to leave AMOUNT OF BID section blank so that final bid amount may be either completed by the bidder or the Bureau of Land Management at the oral auction. State yo/+s /r INSTRUCTIONS FORM APPROVED OMB NO. 1004 -0074 Expires: Feb. 28, 1991 Date of sale E AMOUNT OF BID (See Instructions below) PAYMENT SUBMITTED WITH BID CERTIFIED. o be a true and comparative copy of the official records on file READ OF LAN MANA 000447 011 Signature of Lessee or Bidder INSTRUCTIONS FOR GEOTHERMAL OR NPR -A OIL AND GAS BID 1. Separate bid for each parcel is required. Identify parcel by the number assigned to a tract. 2. Bid must be accompanied by one fifth of the total amount of 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 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 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 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 authorized officer. Title 18 U.S.C. Section 1001, makes 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. r. lnnn 10001 r'ON S 000448 !ill!'I ;111i tlla', the i L C: t.. C., I NOTICE TO LESSEE 000449 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 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 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 S 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. CERTIFIED to be a true and comparative copy of the official records on file GUIDANCE: LEASE NOTICE NO. 1 5. Within 1/4 mile of occupied dwellings. 000450 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 tai'Otott. 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). 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). CERTIFIED to be a true and comparative copy of the official records on file 2011 B A OF L ND MANA TIMING LIMITATION STIPULATION TLS No surface use is allowed during the following time period(s). This stipulation does not apply to operation and maintenance of production facilities. (1) Nov 15 to Apr 30; On the lands described below: (2) As shown on Kemmerer RMP Stipulations for Surface Disturbance Overlay; For the purpose of (reasons): (3) protecting big game crucial winter range. 00045. WYW127750 CE TIFIED 10 ha a Prdie and cc9mgaraf(Ve COW e (,fficiai records on file AU 9 011 BUREAU OF LAN MANA MENT 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 this stipulation, see BLM Manual 1624 and 3101 or FS Manual 1950 and 2820.)