HomeMy WebLinkAbout894788~orm 3100-11b
(October
· ; ~, UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
OFFER TO LEASE AND LEASE FOR OIL AND GAS*
Serial No.
WYWI56582
The undersigned (reverse) offers to Icasc all or any.of thc lands in Item 2 that arc a~/ailable for lease pursuant to thc Mineral Leasing Act ol 1920, as amended and supplemented (30 U.S.C. 181
el seq. I. thc Mineral Lansing Act [or Acquired Lands of 1947, as amended (30 U.S.C. 351-359l, the Anorney General's Opinion of April 2, 1941 (40 Op. Any. Gcn 41),.or the .
RF_.AD 1NSTRUCTI ONS BEFORE COMPLETI Nt Future rental payments must be made
I. name CONDOR EXPLORATION LLC
....... st;~, .................. 7720-E BELLEV!EiW #B:'102
ci~. sa,e. zip cnde" ' ENGLEWOOD, CO80l I [
2 This applicadon/offer/lease is for: (Check only One) ~PUBLIC DOMAIN LANDS
Surface managing ag¢.n, cy if other' tha~ BLM:' '
Unit/Project
on or before thc annivers0ry date to:
Minerals Management Service
Royalty Management Program
P.O. Box 5640
Denver. CO 8'6217 - ' ........ ' '
[3 ACQUI_RED LANDS [percent. U.S. interest
Legal description of land rtqucsled; . . .. 'Parcel No.: .. *Sale: Date (m/d/yl: , / '
*S'~E iTEM:I'IN l~gl;~O(~'f~Ns li'E~6'~::P~-i~i~' ~5'~61~i~Lk~i~G'P~CEL NUIVlBER ~ SALE DA~-'h '~:F:U, . ' :~c~" "t/~D:;~":"'"~ .... ~"
Amount remitted: Filing fcc $
::' ' !/L~OK549..';,~PAGE '0 52
Total acres'al~plied' for
': ':Rtcntal fee $ Total $
DO 'NOT WRITE BELOW THIS LINE
Land included in lease;
T. R. Meridian
0240l'I ' · 1 ldOW
See. 005 N2SE;$ESE; ': . ·"
019 N2NE?ENWi ' ~ '
S~ata
06th WY
County
LincOln
'Total acres in lease- .
360.00::,
Rental' retained $
This lease is issued granting the exclusive righl to drill for. mine, cxtr'act, remove and dispose of all the oil and gas {except h~li~m~ in the lands described ia Item 3 together with thc right to build
and maint~ neces~ry,.improvements thereupon for ~he tern1 indicated below subject to renewal or extension in accordance with the. appropriate leasing authority. Rights grant~e~l, are subject to
applicab e~3a~s, tl~e.tefihs :co'nd i ~hs and aUached stipulations of tbs ease. the Secretary of the Imerior;s'regulations and ~ormal orders in gffect as of lease issuance, and t~s~.?~ons and formal
orders bereaficr promu gated wtien' not incons stent' with lease r ghts' gramexl-or specific provisions of this lease.. · '. ....... ; ','.'~. ' ' ;%. · ' '. :
NOTE This lease is issued to the I~lgh bidder pursu#fll J,o his/her duly executed bid or nomin~{tion form submitted under 43 CFR 3(~'~nd'i~ s'ubjec&~Jl~g, provb{pn.~(of]hat hid.9~'
,,.-,. ..? ;-. ; ", .,' · (. t,~ ',. . . -4; -.--y . ~' .:4., %',.. '.. , ~,",~'--.:.~ . ' : '
nomination and tho~t sptelflknl on this form. x. '..* "-: ' *, ~k, . -: :' ~ , ~3 ', · .' *' ",
v v I ' ~ t (S gni ) '
u CT 1 5'2003'
E~Comi~UU e ~-~ ( y ) ~' ' / /' · . . ·
. ~ (Ti,,~ O0
" - NOV012 3 ,..
[] Other EFFECT[YE DATE OF LE^$E
Sb?t,e, or. Terntory th~c[cgf; (2) ~II ~m~ hold~ng nn interest in the o~cr arc in ~mpllan~ wi~ 43 CFR 3l~ and ~c ~ ne aut~H~es' r~ offerogs c~-~--~ - ;n'. ...... or otnny
· r" . ............... ~ ~v n~ exc~ ~,v~ ~c: :: :~; :,[ :- qa g~ ~ (nE which up to
le~es in each ~ ~ ~ ~ o[ wblch '-- to ~n n~ ~ . .. ~.,,,,:.-. , ' . ', :: ; ~ ,~0 nc~ n
~ - ~ ~v,~ ac~ may ne m opu~s, l~,.l ~z~ ,s not c~mdc~ a m~r ~r the la~ o[ ~1~ State in whtL,, ,,,~ ;L,~i~' covered by this o~cr are
I~t~; (5) o~e~ is in ~mplJan~ with ~afi~qtiom comeming F~cral ~al I~c ~ldJngs ~vlded in s~.: ~aX2XA)
WI u~c~ g~ ag~ ~t s~gm~t~ to this offc~ comtttm~ a~cem~ o[ this lease, incl~ing all tc~, ~idom, ~d s[ipulad~ o[ whlc~ ~[[~or ~ ~ee~ g?vcn n~icc, a~ any amendment
or s~amtc I~e ~may i~lu& any I~ d~c~bcd in this offer o~n to le~in~ at ~c time ~i~ offer w~ ~1~ but omit~ [~ ~y m~oo [rm fills I~. ~e offcr~ [u~r ngr~ ~at this o~cr
~nnm bc wJ~, clthcr in whole or in ga~ units the withdrawal is r~eiv~ by thc p~r B~ SG~[c O~ before ~Js I~e, '~n ~mendment to ~is I~e,
t~ la~ ~cd~d in ~c ~drawal, ~ b~n sigu~ eo behalf o[ t~ U~t~ SG~t~. ,
Sec. I. Remals--Renuds shall be paid to Proper office of lessor in advance of each lease year. casts claimed as manufacmring,-prep~ration, and/or transportation cns~s. All such records shall
A.n. nt~al rental rates per acre or fraction thereof are:
(a) Noncompetitive lease. $1.56 for thc first 5 years; thereafter'S2.00;
(b) Competitive lease, Sl.5U; for the first 5 yeanq thereafter SZOO;
(c} Other, see attachment, or
.as specified in regulations at thc time this lease is issued.
If this lease or a portion thereof is corem[tied 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 aUocated to 0Os lease. However,
annual rentals shall continue to be due at the rate specified in (a), CoL 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 is closed) shall automatically terminate this lease by operation of
law Renufls may be waived reduced, or suspended by the Secrelary 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.lon production removed or sold. Royalty rates are:
(a) Noncompetitive lease, 12%%; i'
Co) Competitive lease, 12t~%;
(c) Other, see attachment; or
at spec!~..e~?~ 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 lasl day
of the month following the month in which production occurred. When paid in kind, production
shall be delivered, unJess otherwise agreed to by lessor, in merchantable condition onthe premises '
where produced without cosl 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
be ~naintained in lessee:s ac~:ounting offices for furore audit by lessor. Lessee shall maintain
required records for 6 years after they are generat6d 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 Fre~:lom of Information Act (5 U.S.C. _552).
Sec. 6. Conduct of operations--Le, ssec 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 fi~ture uses upon or in the leased lands, including
the approval of casements 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 mudificatioes 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 shall immediately contact lessor. Lessee shall cease
any operations that would result in the destroction of such species or objects.
Sec. 7. Mining operations--To the extent that impacts from mining operations would be
substantially,, d fferem,.~ .o~. greater than,those associated-,with normal drilling operations, lessor
reserves the right to deny· approval of such operations.
Sec. 8. Eatraction 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 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 improvemeuts,
and shall save and hold lessor harmless from all claims for damage or harm to porsons or propony
as a result of lease operations.
for that lease year shall be payable at the end of each lease year beginning on or after a discovery Sec. I0. Protection of diverse interests and equal opportunity--Lessee shall: when due all
above royalty rates may be reduced, for all or portions Of this lease ir the ge~i:ef~'~ d~te~nine~ ,j'~,r ~.i/~.'~'ie~,aiiff,: .,,ss?ss~. and levied under laws of the State or the United States; pay
in paying quantities. This minimum royalty may be waived, suspended, or reduced; and their accord all employees
that such action is necessary to encourage the greatest ultimate recovery of the I~gexi'~s~rces, c~mple{e; tteeOo'm of purchase; pay all wages at least twice each month in lawful money of the
or is otherwise justified. United Stales; maintain a safe working environment in acconiaoce with standard ind~try practices;
An interest charge shall be assessed on late royalty payments or undcrpa~h~ffhts in accordance
,with the Federal Oil and Oas Royalty Management Act of 1982 (FOGRM'~5 (3'6 0 'S C f':/bd')
t.essee shall be liable for royalty payments on oil and gas lost or wasted from 'a lease'~ite'~h~fi'
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 flied and maintained for lease operat ons as required under
regulations.
..'~., · 4' Dihgence, rate 0f dayelopmem, un!ttzat~on, and drainage--Lessee shal exerc se reasonable
diligence ih developing and producing and shall prevent unne&ssary damage to kiSS 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 un t p an, within 30
daysbfnofii:e,/fdeemednecessa~ forproperde4elopmentaodoperationofarea field 0r pool
embracing these leased .lands. Lessee shall drill and produce wells hecessary to protect leased
lands from drainage or pay compensatory royalty for drainage in amou'nt determined by lessor.
Sec. 5. Documents ev dence, and inspect on--Lessee shall file with proper office of lessor,
not later than 30 days after effective date thereof, any contract or evidence of ~the~ arrangement
f0r.sale or disposal of production. Al such times and in such form as lessor may prescribe, lessee
sh~l furnish detailed statements showing amounts and .qualRS' of all products removed and sold.
prOceeds therefrom, and amount used for productibn pu/'p6ses or unavoidably IosL 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 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 weUs. improvements, machinery, and fi xtu res thereon.
and all books, accounts· maps, and records relative to operations, surveys, or investigations
on or in ~e leased lands Lessee shall maintain copies of aU contracts, sales agreements, accounting
records, and documentation such as billings, invoices, or similar documentation that supports
and take measures necessa~_to prote~t the health and safety of the public.
Lessor reserves the right tO ens~rertilat 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 oll derived from these leased lauds.
lessee shall comply with section 28 of the Mineral Leasing Act of 1920.
Lessee shall comply with Eaecutive CJrder ~o~ I }'2~6~6f ~eptember 24, 1965. as amended,
and regulations a~dF.e}~,vap! prders of the Secretary of Labor ssued pursuant thereto Neither
lessee nor lessee s §d~nttacto.ts sJ~alJ, mamtam,segregated facil t cs '
'~'¥ ' "; ' "'F ' ! ' '
Sec. II. Transfer or ~ inte/,,~& ,i~-.re!in4bfi)un~:ht o~.l~fits~--As requ red by regular OhS,
·: - lessee shall rde w~th lessor any asstgr~ment"or,o{h{:r transfer of an interest in this lease. Lessee
may relinquish this lease or any legal subdivision by f'ding in the proper office a wrinen
relinquishment, which shall be effective as of the dam 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 es all or p~rtions 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 by4essor 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 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 lease is commiMed 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 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
ttree. Lessee shall be subJeCt to aPPlicable pmvisi0es 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
bindi0g upon. and every benefit hereof shall inore to the heirs, executors, administrators,
suc'~essors, beneficiaries, or assignees of the respective parties hereto.
WYW1565
054
MULTIPLE MINERAL DEVELOPMENT STIPULATION
Operations will not be approved which, in the opinion of the authorized officer, would unreasonably
interfere with the orderly developmem and/or production from a valid existing mineral .lease issued prior
to this one for the same lands.
THIS STIPULATION APPLIES TO ALL PARCELS
WYW1565
LEASE NOTICE NO. I
Under Regulation 43 CFR 3101.1-2 and terms of the lease 0tLM 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 offthe 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 t9 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 thi~ 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/ur 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.
TI-IIS NOTICE APPLIES TO ALL PARCELS
WYW 1.56 582
LEASE NOTICE NO. 2
056
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't 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 thi~ 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 sev_e~ai 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, permittees, operators) that when any oil
and gas lease contains remnants of National Historic Trails, or is located within thc viewshcd of a National Historic
Trails' designated centerline, surface disturbing activities will require thc lessee, permittce, 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
057
THIS STIPULATION APPLIES TO ^! J. 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. Mountain 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,
alteration of habitat throughout the rest of the year can have a detrimental effect on these birds as they
generally return t° 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 al.! 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. Ifa lease parcel contains no mountain plover habitat or if the birds are
not present, then the lease parcel may be developed without restrictions for mountain plovers. I. fat 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.
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Sq& ' SNIOI&VqfldLLS NOIIV,LIIAIIq Dlqll4lI&
059
WYWI56582
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) 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 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.)
060
WYW156582
CONTROLLED SURFACE USE STIPULATION - CSU
Surface occupancy or use is subject to the following special operating contraints.
(1) Surface occupancy or use within 1/4 mile or visual horizon of trail whichever is closer may 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 cultural and scenic values of the Oregon Trail.
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.)
061
WYW156582
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 lands 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.)
ATTACH]V~NT TO ~ACH L~AS~
062
NOTICE TO LESSEE
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 fi.om 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.