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HomeMy WebLinkAbout894787Form 3100-1lb ' UNITED STATES (o~tober L~Z) ~ > · - -~: DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT OFFER TO-LEASE AND LEASE FOR OIL AND GAS Serial NO, WYW 156595 The undersigned freverxe) offers to lease all or any of the lands in Item 2 fha! 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 Acl for Ac:qu red'Lands of 1947. a! amended (30 U.S.C. 351-359). the Anomey General's Opinion of Apr 2. 194{ (40 Up Atly. Gen. 41i. or the Slreet Cip~.' Slate. Zip Code This application/offer/lease i~ for: ICheck only One) [~ PUBLIC DOMAIN LANDS Surface managing ai~n'cy if uther'than BLM: ~gM description of land r~ueal~:. . . *Parcel No.: _, ' .Sale :Da~e Imldly}: l T. k Meridian Stale Coun~ 'RF_,4,D INSTRUCTIONS BEFORE COMPLE' Future rental payments must be made CONDOR 7720 E BELLEVIEW #B-102 Minerals Management Service ENGLEWOOD, CO 80111 Royalty Management Program PlO. BOX 5640 Denver, CO 80217 [] ACQUIRED LANDS tper~:e'n~'U.~-in~ Unit/Project , /. / 540 r/, ^oE 0 3 9_ · '. RECEIVED LINOOLN 'COUN~ OL£RK 03.0CT 28' A~ 9"3 Amount retained Filing fee $ Renml ~e $ 3. Land included in lease: DO NOT WRITE BELOW Tills LINE T, R 0240N Ill 50W .... . 008 LOTS 42;l., 1 009 'ALL; Meridian Suite 06th Wy Coumy Tolal acres in lease1720.00 Renla~ ret~ioed s 2580.00 This lease is issued granting the exclusive right to drill for. mine. extract, remove and dispose of all the oil and gas (except heliuml in the lands described in Item 3 together ~ith thc right to build and mammm necessary improvements thereupon for the term indicated below, subject ~o renewal or extension in accordance with the appropr ate leasing authori~. ~g['~ granted are subject to applicable l~aqVs, the ie/ms.~o'nahiO,s, and athached stipulations of this lease, the Secretary of the imeri&"s' regulations and fonna orders n effect as,orinase issuance', a'l~l'~6 regulations and formal orders bereafie~' promulgated when not inconsistent with lease rights granted or specifiC: pro~;isions.of, this lease: ' ; ' '-:~I ' NOTE: This lease is issued to the high bidder pursuant to his/her duly executed bid or nomination form submitted under 4-! ;C~1312~0r and'is...subj~t to the pr0¥js{ons &f that b d or : . . T/dE UNJ.T..[ED STATES OF AMERICA _ ' [] Noncompetitive lease (ten years)' ff~ Competifi(,e lease (ten years) [] O~her ,T.,e, NOV 0 1 2003 ,Da,e) EFFECTIVE..DATE OF.LEASE 4. (a) Undersigned certifies that (l) offeror is n citizen of the United States; an ~sociatlon of such citizens; a municipality; or a corporation organized under the laws of thc Un;led Sb'~tes or of any State or Territory thereof; (2) ali parties holding an inferrer in the offer are in compliance with 4:3 CFR 2JL00 and the le~'~ing authorities; (2.1 offe~oPs chargeable intemsls, direct and indirecL in each public dom,'dn and acquired lands separately in the same ~t~&a"not exceed 246,080 acres in oll and g~ le.,ases (of which up to 200,000 acres may be in oil and gas options), or 300,000 acres in le~es in each le~ing District in ALaska of which up to ~00,000 acres may bc in options, (4) offeror is not comidered a minor under the laws of the State in which the lands covered by this off~:r are Ine~'~ted; (5) offeror is in compliance with quallf;eafions concemlng Federal coal lease holdings provided in sec. ~aX2XA) of the M neral Leas ng Act; ((~) offer~ol:,is~.~n compliance with reclamation req,,~re, ,meats !or all Federal oil and g,as le~ase holdings ,as required by see. 17(g) of the Mineral Leasing Act; and (7) offeror is not in viola~tn,~,'{ ~e~. ~l)~f the )~c~:.i Lo/ cmders*gned agrees that s~gnature to this offer constitutes aceeptance of thls lease, including nil terms, conditions, and stlpulatlon~o~ ~,'h~c[a off~xo~ b.,.~b~cn g~co notice, and any amendment oc,~2~ep~aEte I:~e~ th~ m.a.? in~. lud.e a, ny I,.a~d described in, this .offer open. to le~. lng at the time this Offer w~ filed but omitted for any reason f~m this lease. Th~"Of~e~t-or~ further agree~ that this offer ....................... ,,~rawal, nas oeen slgneo on nemalI o[ the unltco ~tatea. : . - - ' This offer will be rejected and will afford offeror no priority if ti is not properly completed and exeCuted tn accordance with the regulations, or'If it is not accompanied by the required payanents. 18 U.$.C. See. 1001 makes It a crhne for any person knowingly or repre~ntatlons as t~ny matter within its jurisdiction, and willfully t° make to any Department or ~, .y 1 United S/~-~ --~alse' 7y or fraudulent statements 040 Sec. I. Renta}s--Rcntals shall he paid to proPer office of lessor in advance of each lease year. Annual rental rates per acre or fraction t~_e[eof are: (a) Noncompetitive lease. $1.50 for the first' 5 years; thereafter (b) ComPetitive lease. $1.50; for the first 5 y~ars; 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 conlains a provision for allocation o1' production, royalties shall be paid on the production allocated to this lease. However, annual renlals shall continue to be due al the rate specified in (a), (b), or (c) 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 s closed) shall automatically terminate this lease by oPeration of law. Rentals may be waived, reduced, pr suspended by the Secretary upon a sufficienl showing .by lessee. Sec. 2. Royalties--Royalties shall be paid to proper office of lessor. Royalties shall he computed in accordance with regulations on production removed or sold. Royalty rates are: (a) NoncomPetitive lease. 12%%; (b) Competitive lease, 12~A %; (c) Other, see attachment; or as specified in regulations al the time this lease is issued. Lessor reserves the right to specify whether royalty is to he paid in value or in kind, and the right to establish reasonable minimum vafue~ 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 slorage 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 producis in storage from causes beyond the reasonable control of lessee. Minimum royalty in lieu of rental of not lens than the rental which otherwise would be required for that lease year shall be payable at the end of each lease year beginning on or after a discovery in paying quantities. This minimum royalty may be waived, suspended, or redueed,';and the above royally rates may be reduced, for all or portions of this lease ir the Secrets'6 that such action is necessary to encourage the greatest ultimate recovery of the leased resources, or is otherwise juslified. An interest charge shall be assessed on late royalty payments or underpaymems 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. B0nds--A bond shall be filed and maintained for lease Operations as required under regulations. See. 4. Diligence, rate of development, unitization, and drainage--Lessee shall eaercise reasonable diligence in developing and producing, and shall preveni unnecessary d&mage 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 50 days of notice, if deemed necessary for proPer de~'elopment 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, &rides_ce, 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 furnish detailed statements showing amOUnts and quality of all products removed and sold. proceeds therefrom, and amount used for pr'nduction purposes 6r un~{,oidably Inst. Lessee may he 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 Om form prescribed by lessor, lessee shall keep a daily drilling ~ecord. a log, infoi-mation 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 t mas for in, spection by any authorized officer of lessor, the leased premises and all wells, improvements, mac. hincry, and fixer's thereon, and all bo~ks, accounts maps, and records relative tn operations, surveys, or investigations costs claimed as manufacturing, preparation, and/or transportation costs. All such records shall be maintained in lessee's accounting offices for future audit by lessor. Lessee shall maintain required records' for 6 years after 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 he 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 sha/I conduct operations in a manner that minimizes adve~e 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, tinting of operations, and specification of interim and final reclamation measures. Lessor reserves the right Io 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 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 he followed and modifications or reclamation measures that may he necessary. Areas to be disturbed may require inventories or speeial studie~s 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 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 operations wou{d be substantially different or greater than those associated with normal drilling operations, lessor reserves the right to deny approval of such operationsi' 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 ownerof the gas. Lessee shall include in any contract of sale of g~ the provisions of this section. Sec. 9. Damages to property--Lessee shall pay lessor for damage to lessor's improvemeuts, 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' la~s of the. State or the Ufiited 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 wi~ standard indust;T practices' and take measures necessar~ to prot, ecl the h~aJth aria ~a~ety(~ th~ f~.~ b!ic. ' Lessor re.serves the right to ensure that,~r6ducti0n is sold at reasonable prices and to prevent monopoly. If lessee operates a pipeline, t~i' own-~ ~0ntr~lling interest in a pipeline or a company operating a piPeline, which may he operated accessible to oil derived from these leased lands, lessee shall comply with section 28. of'ith~ Miner.al-fens ng',.~et'$f I920 Lessee shall comp y w th Executive 0rder N~. 11246 of Septen~bel~4~196.5, as amended, and regulations and relevant orders of the Secretary of Labor issued pursuant thereto. Neither lessee nor lessee's subcontractors shall maintain segregated facililJes. Sec. I I. Transfer of leaxe interests and relinquishment of lease--As required by regulations, lessee shall file with lessor any assignment or other transfer of an interest in this lea~. Lessee may relinquish this lease or any legal sulxJivision 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 lesse~ and surety Io pay all scented rentals and royalties. Sec. 12. IEMlivery of premises--Al such time as a0. 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 improvemenis no{deemed necessary-by lessor for-preservation of producible wells· Sec. 13. Proce~ings in case of default--lf lessee fails to comply with any provisions of this lease, 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 ofoil or gas in paying quantities, or the lease is committed to an approved cooperative or unit plan or communilizalion agreement which contains a well capable of production of unitized "' substances in paying quantities. This provision shall not be construed to prevent the exercise by lessor of any other legal and 'equitable remedy, including waiver of the default. Any such remedy or waiver shall not prevent later cancellation for the same default occurring at any other "' iime. Lessee shall be subjeCt to app cab e provisions and penalties of FOGRMA (30 U.$.C. 1701). SeC. 14. Heirs and Successors-in- nteresI--Each obligal~ion of h s lease ~hall extend to and be on or in the leased lands: Lessee shall maintain copies ofalJ con?a.cB se]es agre~meqD~ accounting -binding upon, and every benefit hereof shall inure to the heirs, executors, administrators records, and documentation such as bi. ngs ~ nY0 ces,-'or sim ar documehtalion that '~bfapOrts '~ :;)sui:eessors, benefic'ia{iesl or as~ig'nces ~f ~he respective parties hereto~ ~....,~, ./.., ..~. ~ ~ULTIPL~ ~Y~R~ D~LO?~NT STIPULAT~OM 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 LEASE NOTICE NO. 1 WYW156595 Under Regulation 43 CFR 3101.1-2 and terms of the lease (BLM Form 3100-1 I), 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 BACKGROUND: LEASE NOTICE NO. 2 O43 WYW156595 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 (P.L. 91-190; 42 U.S.C. 4321-4347) as amended through P.L. 94-52, July 3, 1975 and P.L. 94-83, August 9, 1975, and the National Historic Preservation Act, supra, to determine if any design, siting, timing, or reclamation requirements are necessary. This strategy is necessary until the BLM determines that, based on the results 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. GUIDANCE: The intent of this notice is to inform interested parties (potential lessees, permittces, 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 eenterline, 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. WY W 156 5 95 TI-IlS ST~ULATION APPLIES TO Al.l. PARCELS The U.S. Fish and Wildlife Service (FWS) has proposed for listing under the Endangered Species Act (ESA) of 1973, the mountain plover (Charadrius montanus) as a threatened species. A listing package has been sent to the Director of FWS in Washington, D.C. for review/approval. The listing is very likely in the near future. Moun rain plovers migrate to Wyoming to nest each year and are confirmed to nest in every county. Even though they arrive in early April and complete their nesting by the middle of July, alieration of habitat throughout the rest of the year can have a detrimental effect on these birds as they generally return to the same location to nest each year. The exploration and development ofoil and gas leases may have a detrimental effect on mountain plovers and their habitat. Some of the land encompassed in the lease parcels described in the August 6, 2002, Notice of Competitive Oil and Gas Lease Sale contain habitat for the mountain plover and have been designated as such. Most of the parcels have not been specifically inventoried for the presence or absence of mountain plovers, so reliable information is not available at this time. This information notice is to alert potential purchasers that all of the parcels in this sale are subject to the ESA and may contain habitat for mountain plovers (even if not specifically denoted herein). Inventories will be required when potential mountain plover habitat exists within a lease parcel. If the birds are then found to be present, then additional protective measures most likely will be added to allow for any disturbing activities. If a lease parcel contains no mountain ploverhabitat or if the birds are not present, then the lease parcel may be developed without restrictions for mountain plovers. If at a later date mountain plovers 'occupy previously unoccupied habitat within a lease parcel, then additional protective measures will most likely be added. Please see section 6 of the Lease Terms for additional information regarding threatened or endangered species. 045 WYW156595 TIMING LIMITATION STIPULATIONS - TLS No surface use is allowed during the following time period(s). This stipulation does not apply to operations and maintenance of production facilities. (1) Nov 15 to Apr 30; On the lands described below: (2) as mapped on the Kemmerer RMP stipulations overlay; For the purpose of (reasons): (3) protecting big game crucial winter range. Any changes to this stipulation will be made in accordance with the land use plan and/or the regulatory provisions for such changes. (For guidance on the use of the stipulation, see BLM Manual 1624 and 3101 or FS Manual 1950 and 2820.) 046 WYW156595 TIMING LIMITATION STIPULATIONS - TLS No snrface use is allowed during the following time period(s). This stipulation does not apply to operations and maintenance of production facilities. (1) Mar 1 to Jun 30; On the lands described below: (2) as mapped on the Kemmerer R1V[P stipulations overlay; For the purpose of (reasons): (3) protecting Sage Grouse nesting habitat. Any changes to this stipulation will be made ~n accordance witb the land use plan and/or the regulatory provisions for such changes. (For guidance on the use of th6 stipulation, see BLM Manual 1624 and 3 I01 or FS Manual 1950 and 2820.) '347 WYWl$6595 CONTROLLED SURFACE USE STIPULATION - CSU Surface occupancy or use is subject to the following special operating contraints. (1) Surface occupancy or use from Feb 1 through Jul 31 within a radius of up to I mile of occupied or active raptor nest sites will be restricted or prohibited unless the operator and surface managing agency a,-rive at an acceptable plan for mitigation of anticipated impacts; On the lands described below: (2) as mapped on the Pinedale RMP Oil & Gas Lease Stipulation Overlay #2, or as determined by a pre- disturbance raptor survey; For the purpose of: (3) protecting raptor nesting habitat. Any changes to this stipulation will be made in accordance with the land use plan and/or the regulatory provisions for such changes. (For guidance on the use of the stipulation, see BLM Manual 1624 and 3101 or FS Manual 1950 and 2820.) O48 WYWI56595 CONTROLLED SURFACE USE STIPULATION - CSU Surface occupancy or use is subject to the following special operating contraints. (I) Surface occupancy or use within the Miller Mountain winter big game closure area will be restricted or prohibited from Nov 15 through Apr 30 unless the operator and surface managing agency arrive at an acceptable plan for mitigation of anticipated impacts. This may include development, operations, and maintenance of facilities; On the lands described below: (2) entire lease; For the purpose of: (3) protecting big game crucial winter range for multiple species. Any changes to this stipulation wiil 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.) O,{9 WYW 156595 CONTROLLED SURFACE USE STIPULATION - CSU Surface occupancy or use is subject to the following special operating contraints. (1) Surface occupancy or use will be restricted or prohibited unless the operator and surface managing agency arrive at an acceptable plan for mitigation of anticipated impacts; On the lands described below: (2) as mapped on the Kemmerer RMP Visual Resource Management overlay; For the purpose of: (3) protecting Class I and II Visual Resource Management Areas. Any changes to this stipulation will be made in accordance with the land use plan and/or the regulatory provisions for such changes. (For guidance on the use of the stipulation, see BLM Manual 1624 and 3101 or FS Manual 1950 and 2820.) 050 WYW156595 CONTROLLED SURFACE USE STIPULATION - CSU Surface occupancy or use is subject to the following special operating contraints. (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; On the lauds described below: (2) as mapped on the Kemmerer RMP stipulations overlay; For the purpose of: (3) limiting winter access, protecting habitat quality, and preventing the loss of crucial big game winter range. Any changes to this stipulation will be made in accordance with the land use plan and/or the regulatory provisions for such changes. (For guidance on the use of the stipulation, see BLM Manual 1624 and 3101 or FS Manual 1950 and 2820.) r WYW156 ATTACHMENT TO EACH LEASE 595 05I NOTICE TO LES SEE 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 emity 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.