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HomeMy WebLinkAbout868718Fors 3100.11 (October 1992) The undersigned (reverse) offer to lease all or any of the lands in Item 2 that are available for lease pursuant to the Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 et seq.), the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U.S.C. 351 -359), the Attorney General's Opinion of April 2. 1941 (40 On. Atty. e'en. 41) or the READ INSTRUCTIONS BEFORE COMPLETING 1. Name Liberty Petroleum Corporation street 185 Candlewood Path city, state, zip Code Dix Hills, NY 11746 2: This application/offer/lease is for (Check only Cie) PUBLIC DOMAIN LANDS Surface ❑ACQUIRED LANDS (percent U.S. interest urface managing agency if other than ELM: Unit/Project Legal description of land requested: *Parcel No.. 'SEE ITEM 2 IN t INSTRUCTIONS BELOW PRIOR TO COMPLETING PARCEL NUMBER AND SALE DATE. 'Sale Date (m/d/y): T. 31V R I1.' w7 is— W b PM State Lk) 1014.1 County LIha)Iv% RECEIVED iNon r'- 00 OCT -3 Ni 12: 7 6 Q i ",EsY MERER, 1 i Amount remitted: Filing fee �S -1 ed n o0 Rental fee S O Total S oS�Pr �O 007 DO NOT WRITE BELOW THIS LINE 3 Land included in lease: T. This lease is issued granting the exclusive right to drill for, mine, extract, remove and dispose of all and maintain necessary improvements thereupon for the term indicated below, subject to renewal or extension 0 gas ac apP ro p riatt leasing authority. together ights Rights are subject ap plic applicable laws, the terms, conditions, and attached stipulations of thls lease, the Secretary of the Interior's regulations and formal orders in effect as of lease issuance, and to regulations and formal promMgated when not inconsistent with leue rights granted or specific provisions of this lease. NOTE: This lease is issued to the high bidder pursuant to his/her duly executed bid or nomination form submitted under 43 CFR 3120 and is subject to the provisions of that bid or nomination and those specified on this form. Type and primary term of lease: Y Noncompetitive lease (ten years) Competitive lease (ten years) Other (Continued on reverse) 'TIED STATES DEPART chteAT OF THE INTERIOR BUREAU OF LAND MANAGEMENT OFFER TO LEASE AND LEASE FOR OIL AND GAS Ail Sec, a-6', I J SL) Sec. air. All Sec. 3(.1'. Hz NaSa. Sec 3s Laniet) R. Meridian State County SEE ATTACHED 868718 BOOK 453 PR PAGE 285 THE UNITED STATES OP AMERICA by bief, Le e Minerals (Title) EFFECTIVE DATE OF LEASE e Serial No. (Date) 144. Future rental payments must be made on or before the anniversary date to: Minerals Management Service Royalty Management Program P.O. Box 5640 Denver, CO 80217 Total acres in lease 1,880.00 Rental retained S 2,820.00 °Thee* AUG 19 1997 5 u Duly executed this ;t0i44 day of FE.bhU0.h1( 19 97 N t p. ij Greg 1:10r1E0, pr i11¢.r'{' V Sec. 1. Rentals— Rentals shall be paid to proper office of lessor in advance of each lease year. Annual rental rates per acre or fraction thereof are: (a) Noncompetitive lease, 51.50 for the first 5 years; thereafter $2.00; (b) Competitive lease, 51.50; for the first 5 years; thereafter 8200; (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 shall be paid on the production allocated to this lease. Iiowevelf, annual rentals shall continue to be due at the rate specified in (a), (b);''M (c) fat those lands not within a participating ara. 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) shall automatically terminate this lease by operation of law. Rentals may be waived, reduced, or suspended by the Secretary upon a sufficient showing by lessee. Sec. 2. Royalties— Royalties shall be paid to proper office of lessor. Royalties shall be computed in accordance with regulations on production removed or sold. Royalty rates are: (a) Noncompetitive lease, 121/2 (b) Competitive lease, 12 4 (c) Other, see attachment; or as specified in regulations at the time this lease is issued. 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 shall be due and payable on the last day of the month following the month in which production occurred. When paid in kind, production shall be delivered, unless otherwise agreed to by lessor, in merchantable condition on the premises where produced without cost to lessor. Lessee shall not be required to hold such production in storage beyond the last day of the month following the month in which production occurred, nor shall lessee be held liable for loss or 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 shall be payable at the end of each lase 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 shall 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 shall be liable for royalty payments on oil and gas lost or wasted from a lease site when such loss or waste is due to negligence on 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. Sec. 3. Bonds —A bond shall be filed and maintained for lease operations as required under regulations. Sec. 4. Diligence, rate of development, unitization, and drainage Lessee shall exercise reasonable diligence in developing and producing, and shall prevent unnecessary damage o, loss of, or waste of leased resources. Lessor reserves right to specify rates of development and production in the public interest and to require lessee to subscribe to a cooperative or unit plan, within 30 days of notice, if deemed necessary for proper development and operation of area, field, or pool embracing these leased lands. Lessee shall drill and produce wells 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 shall 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 shall famish 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 o provide plats and schematic diagrams showing development work and improvements, and reports with respect to parda 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 wills, 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 shall maintain copies of all contracts, sales agreements, accounting records, and documentation such as billings, invoices, or similar documentation that supports LEASE TERMS/ 4. (a) Undersigned certifies that (1) offeror Is a citizen of the United States; an association of such citizens; a municipality; or a corporatioo organized under the laws of the United States or of any State or Territory thereof (2) all parch bolding an interest in the offer are in compliance with 43 CFR 3100 and the leasing authorities; (3) offerors 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 option), or 300,000 acres in leases in each leasing District in Alaska of which up to 200,000 acres may be in opdons, (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 1s in compliance with qualifications concerning Federal coal lease holdings provided in sec. 2(a)(2XA) 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 Ach and (7) offeror is not in violation of see. 41 of the Act. (b) Undersigned agrees that signature to this offer constitutes acceptance of this lease, including all terms, condition, and stipulations of which offend 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 1 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 is lease, or a t palate lease, whichever coven 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 payments. 18 U.S.C. See. 1001 makes it a crime for any person knowingly and wilfully to make to any Department or agency or representations as to any matter within is Jurisdiction. 1- l e C h regulat or if f U S any panted by the required or fraudulent statements W gnature of Lessee or Attorney -in -fact) costs claimed as man cturin g preparation, and/or transportation costs. All such records shell be maintained in lessee's accounting offices for future audit by lessor. Lessee shall 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 shall 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 —Leases shall 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 shall 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 fixture uses upon or in the leased lands, including the approval of easements or rights-of- -way. Such uses shall be conditioned so as to prevent unnecessary or unreasonable interference with rights of lessee. Prior to disturbing the surface of the leased lands, lessee shall contact lessor to be apprised of procedures to be followed and modifications or reclamation measures that may be necessary. Areas to be disturbed may require inventories or special studies to determine the extent of impacts to other resources. Laaee 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 shall immediately contact lessor. Lessee shall cease any operations that would result in the destruction of such species or objects. Sec. 7. Mining operations —To the extent that impacts from mining operadons would be substantially different or greater than those associated with normal drilling operations, lessor reserves the right to deny approval of such operations. Sec. 8. Extraction of helium Lessor reserves the opdon of extracting or having extracted helium from gas production in a manner specified and by means provided by lessor at no expense or logs to lessee or owner of the gas. Lessee shall include in any contract of sale of gas the provisions of this section. Sec. 9. Damages to property Lessee shall pay lessor for damage to lessor's improvements, and shall 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 shall: 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 leaned lands, lessee shall comply with section 28 of the Mineral Leasing Act of 1920. Lessee shall comply with Executive Order No. 11246 of September 24, 1965, as amended, and regulations and relevant orders of the Secretary of Labor issued pursuant thereto. Neither lessee nor lessee's subcontractors shall maintain segregated facilities. Sec. 11. Transfer of lease interests and relinquishment of lase —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 shall 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 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 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 l ease, and the noncompliance continues for 30 days after written notice thereof, this lease shall be subject to cancellation unless or until the leasehold contains a well capable of production of oil or gas in paying quantities, or the lase is committed to an approved cooperative or unit plan or communidzation agreement which contains a well capable of producton of unitized substances in laying quantltia. This provision shall 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 shall not prevent later ancdladon 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 lase shall extend to and be binding upon, and every benefit hereof shall inure to the heir, executors, adminlmaton, successors, beneficiaries, or assignee of the respective parch hereto. •u.s.0P0 10a2- 774. 017/97034 00'OZ8`Z$ Isqua1 ICquno3 uloouTi `•MNZM CEO ZSZN` ZN 4 7£O `•HS`ZM`SNaS`HNZM LZO •MSZM 9ZO !'I'Iv £ZO 'DOS AM `Wd H190 `MOSII'2I `NO£ZO'1 sazoy 000'0881 I177I*7IMAM 8 7 8 08 MULTIPLE MINERAL DEVELOPMENT STIPULATION WYW141441 288 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. 'eoT330 ao ?zasTO p'jg zadozd aga moz3 pauleago aq Arm foue2s aaeTzdozdds 942 3o emeu 9111 •foue2e aaeTzdozdde alp oa apaw aq rum uoTaeouTaou 'peouemmoo azs. spusT anogu aga uo suoTaezado amTa aya av 'aTmuad asn 9913 /a2Ts ste?zaaem r se eaze alp 3o asn aga 119TH fltwTzaaaw azajzaauT aou IITM saTaTnTaoe 2uTITTap zo uoTaezotdxe aka aega uoTartndTas 0112 oa aoargns apem fgazaq aze spuet asega uo seseaT ss2 pus [To peouaza391 ag1 •(zaarm aoe3zns TeTuuazad oa paaTmTI eq few zo saoznos zaaeM Tezamegde pus auelaTmzaauT gloq apnlouT fem „seeae urTzrd ?z Jo /pus warm a3e3zns„ e T) Ianal PIaT3 alp le paaeauTlap eq asnm uzaouoo 3o spoTzad am?a pue Seale tsoTgdrz2oe2 'zanaMOH .aTquiTene uoTarmzoguT aseq aya uodn peseq pagsTtgeasa uaaq anal (zaasM moz3 3 OOS ''2•e) eTzaaTao pIogsaz.a oT3Toadg uoTaos aga 2u?zTzogane uegm Tenozdde zo3 uoTaTpuoo s amooaq pus auamdolenap oa zoTzd zn000 IITM uoTaeTao2au situ, 'saoadmT peasdToTaue 3o uoT3e2T31w 103 ustd aTgradaoos us ae anTzze (vws) foue2s aueme2euem aoe3zns aga pus anTaeauasazdaz paaeu2Tsep alp zo eaaaTmzad aga I ?gun JO ssatun paaTq goad eq TTTM saTaTnTaoe 2uTgznasTp aoe3zns 'asTxa suoTaTpuoo anoge mil 3o 810m 10 auo ua4M aega (szoaezado 'saaaaTmaed 'seasseT Is.Tauaaod) saTazs.d peasazaauT mzoguT oa sT aoTaou sTga 3o auaauT aI1 •sduTTTemp paTdn000 3o a1Tm i7 /I u?gaTm (seuTTzamod 'sauTTad ?d 'speoz[Tra 'speoz 'sfeMg2Tq Oaeas pus. .S.n '•a•T) frM- 30- Sa12Tz 2uTas?xe zagao 3o lea; OOZ Pur sXemg2T4 eaeaszaaul 3o aaa3 005 u ?ga ?M 'h •zn000 oa flaxTT sT a2rms.p pagszaaeM uagt zo paarinass sT IeTzaaew H os alp uegi spo ?zed 2uTznp JO TeTzaaem uazoz3 gaTM uollonzasuo0 •saaza urTzedTi zo /pue zaaet 80e3zns 3o aaa3 005 u?11aTM •stlem 2uTonpozd 3o uoTaszado pus aoueuaauTem mil 103 apaw aq ITTM suoTaoTzasaz pasodmt oa suoTaeoT;Tpom earTzdozddv •paaTgTgozd 'fzesseoeu ftaanTosgs 3? 'zo pe lozauoo /ciao -pas aq rpm sagas Tv Ions uTIaTM fousdn000 zo asn aoe3zns fuy •MoTaq peT ;TauepT eau seazr TaToads alq?ssoa seoznosaz zagao zo /pus aoe3zns oa a2smsp auenead oa uoTauaaas TaToads eaTnbea few zo 'sasodznd TaToads zo3 papaau aq few 'sanTen TeToads uTs.auoo frm aega suoTaetndTas 9ssat fq passazppe XIIsoT ;Toads aou seats apnTouT frm essaT sTga uTIaTM spurt 911. •sfrp 09 oa do zo3 sap aouegznasTp aoe3zns 2uTaTgTgozd pus 'plogeseaT aga 33o aou anq 'szaaam 00Z oa do suoTaezado pasodozd 2uTaeooTaz eaTnbaz few goTgm 'saznseam uoTasmrloaz Trulg pue mTzaaUT 3o uoTas.oT3Toads pue 'suoTaezado 3o 2uTmT2 'eeT3TIT0e3 3o u2TSap JO 2U PTS 3o uoTae3T;Tpom '01 pea aou aze anq 'apniouT frm saznseam aTgauoseaz gong •pasodozd aze suoTaezado aura aga as suoTarTndTas asset uT passazppe aou szasn pue 'sasn purl 'senIen eoznosaz zagao oa saordmT eszanpe azTmTuTm oa saznseam elgruoseaz az?nbaz few zaoT33o pezTzogane aga '(TT 111 w7 682 esrel 0119 3o smzaa pue Z I'IOIE 2130 E*7 u0Taeln2a)J zapuf I ON 80ILON aSYS'i •sayTs TaTzaaaw •auaoaed SZ 3o sseoxa uT sadoTg gDNHUIf9 'S Z •I 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) Feb 1 to Jul 31; On the lands described below: (2) as mapped on the Kemmerer RMP stipulations overlay; For the purpose of (reasons): (3) protecting sage grouse nesting habitat. 2 3O WYW141441 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.) Cozsz Pup 0561 TpnuuN S3 zo TOTE Pup i7z91 TunueN Jfl aas `uoTqu'ndigs sigi jo asn auk uo aouuptn2 zoj) •saauugo eons zoj suozsTnozd Azoguin2az agg zo /puu uu'd asn pup' alp glim aouupz000u uI appui aq iiTm uoTquindT s sTgg og se uugo JCuy 1 •a2uuz zaguTm 'uionzo aura 2Tq 2uTgoagozd !Aulaano suoTgu'ndigs dye zazauiuiax egg uo padduui su (Z) saz4ITTou3 uoT4onpozd 30 aouuualulsw puu uolaszado oa XTdds aou saop uoTas'ndTas slay •(s)poTzad aw p 2uppoTTo; alp 2uTanp paroTTe sT asn aos ;ins oN SIL NOILV'IIIdIIS MOIIVIIMI'I OMIMIy :(suossaz) go asodznd auk zog :moTaq pagTaosap spuwT alp u0 :0£ zdV oa ST AON (i) TGZ OS6 S Surface occupancy or use is subject to the following special operating constraints. (1) Surface occupancy or use within 1/4 mile of the Johnston Scout Rock 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 Oregon /Mormon Pioneer National Historic Trails Management Plan; For the purpose of: (3) protecting historic trails. CONTROLLED SURFACE USE STIPULATION CSU WYW141441 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.) 202 ('OZ8Z Pus 0561 TsnusW SA zo TOTE pus *7Z9T Tsnuni Naq aas `uoTqujndTls sTm jo asn am uo aouspTn2 zod) •saauugo Lions zoj suoTsTnozd am lo /pus uvid asn puwT am mTt aouspz000s uT apuw aq TTTM uoTquIndT4s sTgl saausgo iuy •gulTquq zaauTM Nia quu3zodmT jo ssoT am. 2uT1uanazd pus `X3TTunb isqTgsq 2uTloalozd `ssaoou zaquTM 2 uTnTwTT T*7'7Ti1MWM EGZ 1150 NOIZV'fldnS SSII HDV lIIIS QE'I102IZN00 :go asodznd aqg zog !/caTaano suoTluIndT4s dm zazauwwax am. uo paddsw SP (Z) :rioTaq pagT.zosap spusT aq4 uo :saT1TTToug go aousuaguTsw pus °uoTgsooT `zagwnu age SP TTaM SE `suoTaszado `luawdoIanap apnTouT /cum uuld sTgz :slasdwT paasdToT4uu Jo uoT4s2TyTw zoj usjd aTgsgdaoos us 1s anTzzs Xoua2a VuT2uusw aougans puu zoTazado am. sseiun pagTgTqozd JO pagoTa saz aq TTTM aVusz zaquTM ITa TaTonza uTgl.TM asn zo 4ousdn000 aas ;zns (T) •sluTsz4suoo 2uTlszado TsToads 2uTMoTTo; alp oq aoargns sT asn zo 4ousdn000 aoagans s NOTICE TO LESSEE 20 4 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 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.