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HomeMy WebLinkAbout894789Form 3100-1lb ':~' UNITED STATES Serial No. (Comber L~Z)' DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT OFFER TO LEASE AND LEASE FOR OIL AND GAS WYWI56597 The undersigned (reverse) offers to lease all or any of the lands in [,em 2 that are available {'or'lease pursuant ,o thc Mineral Leasing Act of 1920. as amcndnd and supplemented (30 U.S.C. 181 ct seq..). Ibc Mineral Lansing Ac, for Acquirnd Lands of 1947. as amended (30 U.S.C. 351-359L thc Attorney General's Opinion. of April 2. 1941 (40 Op. Amy Gen. 41). or the ..... J ~_ Ham~ ..... Slre¢l City. State, Zip Code 7720 E BELLEVIEW #B-102 ENGLEWOOD, CO. 801 l I READ INsTRucTIONS BEFORE COMPLETING Future rental payments must be made ............ CONDOR. EXTLOR-SXION.LLC .................................... on or before the anniversa~, date to: Minerals Management Service Royalty Management Program P.O. Box 5640 Denver, CO 802 ! 7 This applica6on/offer/leas~ is for: [Cheek only One). ~]~'PUBLIC DOMAIN LANDS Surface managing agency if other than BLM:. .. L~gal description of land requested: *Parcel .No.: · SEE ,TEM 2 ,N ~NST. UCT,ONS uE'Lo~v e.ao. TO COM~'~im~a PA~C~i. T. R. Meridian [] ACQUIRED LANDS (percent U.S. int~:resl · Unit/Project *Sale Date [m/d/yi: ' ' -' / County Amounl remitted: Filing fee $ 789 Renad fee $ DO NOT WRITE BELOW THIS LINE -RECEIVED. LINCOLN .'COUNTy CLERK 03 fl T 28 9:3'6 ,, At,lt',IE WAC4t ~o~ ac~es applied for Toad $ Land included in lease: T 0240N Sec. 022 R ..... Meridian 1150W '023 ALL; ' 026. NE,E2N~;~E g.W:',N2SE; sate County LincOln Toad acres .in lease Renad relained $ 2280.00 .M20.ooY This lease is issued granling the exclusive right to drill for. mine. exlract, remove and dispose of all the oil and gas (except helium) in the lands described in Item 3 together with thc right to build and.~na.s.n~in ne~ar~,ry,iml~rov.5~yn~s:~thc~e, upon for ~h~ te[m ind,ea.ted helo~ subject to renewal or.extension in accordance with the appropriate leasing aumonw. I~gh~s gran~l are subje~:t to appncnote laws, mencrms, condulolt~: and~anach~J stipulations of th~s lease, the Secretary of the interior's regulations and formal orders in effect as of lease issuan~.d'. ~[J~d~:~ regulations and formal orders hereafter promulgated when'not thconststcm with lease rights granled or 'specific provisions of this .lease. ~ - ~ ' x ' [ ' ' '.~ NOTE: This lease is issued ~o the high bidder pu~suanl to his/her duly executed bid or nomination rorm submitted under 43 CFR 3'~20 and I'~'-s~ubje~:t~to'the provL~ions ~f that-bid 'or nomination a~d tho~e speciOed-on Ibis form~ "'~L :,:,-"%'1-Y -'~ / ~:-' - ~.. 'r..~..,~,,,L.,,., L. ~ .... ~;~ . .~ ~,,, . . ..... .~ ; ii.. , .-..,.. ~ . _~, ....,~.,.:, .- ,.. Type and primary tcrmof lease:.; ~~ S'J'A TES OF AMERICA., !~ ' ~',.' ~ Noncoml~ddve lease (ten years} ' OCT 1. t ~ (Title} (Date) [] Other EFFECTIVE DATEOFLEASE NOV 0 1 2003 'Z'Z'; .. 4. (a) Undei'signed certifies that (1) offeror is a citizen of the United States; an ,association pt such citizensl a municipality; or a corporation organ;zed under the laws of the United States or of any State or Territory thereof; (2) all parties holding an interest in the offer are in comHiance with 43 CFR 3100 and the leasing authorities; (3) offeror's charge, lc interests, direct and indirect, in each public domain and acquired lands separatefy in the same StYe de not exceed 246,080 acres in oil and gas le~ases (of which up to 200,000 acres may be in ,.o!i .a.nd. gas optlom), or ~00,000 acres in leges in each le,aslng District ia Alaska of which up to 200,000 acres may be in options, (4) offeror is 'not considered a minor under the law~ pt' the State in which the lands covered by th;s offer are Inca?; (5) offeror is in compliance with quallficatiom concerning Federal coal lease holdings provided in sec. 2(aX2)(A) Of the'M;nernil/~ ~i~g Ar4; ((0 ° .ff 'e~'rrls'iP compliance With reclamation reqtu .... uts for ,all Federal oil and g~s lease holdings as required by see. 17(g) of the Mineral Leasing Act; and (7) offert~' is not in vlolatj~g~..ff~. 4~,~f ~ne ~..~!~ ~ (b) Undersigned agrees that signature to this offer constitutes acceptance of this lease, including all terms, conditions, and stipulations'of which offeror has been given notice, and any amendment or separate I~ase that may include any land described in this offer open to leasing at the time this off~:~5 w,m filed but omitted for any rea. sm from this Iease. Thc ~fferor furrier aurees that this offer ..... t be w, thdrawn, either in whole or in pa~ unless the withdrawal is received by the proner BLM Stzte Office before this lease an hmendrnent to th s lease ~.~o~mte Ibe land desonbed m the w~thdrawal, has been signed on behalf of the United States. · ~,,r q.., This offer will be rejected and will ~1'oed offeror no priority if II is not properly completed and executed in m:cordance with Ihe regulations, or If it is not ee¢omp~uied by the required payments, lg U.S.C. Sec. 10elmakes 11 a crime for ~ny person knowingly and willfully Io make to any. D~partmenl or agency of the United St~tes)m'~'~l~e, rift#loud or franduienl statements or repreSenmion, as ,o :.~maUer wilton Its jurisdi~.L..~.,.. . .~,,~ Sec. I. 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 lea~. $1.50 for the firsi 5 years: thereafter $200: (b) Competitive lease, $1.50; for the first 5 years; thereafter $2.00; (c) Other, see atlachment, or as specified in regulations at the time this lease is issued. If this lease or a portion thereof is committed to an approved cooperative or unit plan which includes a well capable of producing leased ~resources, and the plan contains a provision for · " 06.4 costs claimed as manufacturing, preparation, and/or transportation costs. All such records shall be maintained in lessee's accounting Offices for furore audil by lessor. Lessee shall maintain · required records for 6 years after d~y are geherat~ or,/fan audit or investigation is underway, until released of the obligation to maintain such records by lessor. During existence of this lease, iuformation obtained tinder thi~ section shall be closed to inspection by the public in accordance with the Freedom of Information Act (.5' U.$.~=..552). Sec. 6. Conduct of opemtious--Lessee shall coeduc~ operations in a manner that minimizes adverse impacts to the land. air. and water, to cultural, biological, visual, and other resources, and to allocation of production, royalties shall be paid on Ibc production allocated to this lease. However, annual rentals shall continue to be due at 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 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, 12',4%; (b) Competitive lease, 12',4 %; (c) Other, see attachment; or as specified in regulations at the time this lease is issued. Lessor reserves the fight to specify whether royalty is to be paid in value or in kind, and the fight to establish reasonable minimum values on prnducts after giving lessee notice and an opportunity to be heard. When paid in value, royalties shall be duc'and payable on the last day of the month following the month in which production occurred. When paid in kind, production shall be delive~ad, 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 prnduction 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, other land uses or users. Lessee shall take reasonable measures deemed necessa~7 by lessor to accomplish the intent of this section. To the extenl consistent with lease rights granted, such measures may include· but are not limited to, modification to siting or design of facilities, timing of operations, and specification of interim and final reclamation measures. Lessor reserves the right to continue existing uses and to authorize future uses upon or in the lea~l lands, including the approval of easements or fights.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. Lessee may be required to complete minor inventories or short term special studies under guidelines provided by lessor, ff 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 thai impacts from mining operations would he substamially different or greater than those associated with normal drilling operations, lessor reserves the right to deny approval of such Operations. ' Sec. $. Extraction of helium--Lessor reserves the option of extracting or having exl~acted 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. L~ssee shall include in any contract of sale of gas the provisions of this section. Sec. 9. Damages lo 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 Minimum royalty in lieu of rental of nol less than the rental which otherwise would be required 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 x Sec.-10_.Prolection of diverse interests and equal opportunity--Lessee shat: pay when due al in paying quantities. This minimum royalty may be waived, suspended or reduced~and, the.~. ~' ~ . . ' , above royalty rates may be reduced, for au or portions of this lease ,t' the Secreta~A.d/;~mes ~ ~ '~ ~ ~egalfy.assessed and ~ev,ed under ~aws of ~ State or thc U.,~ Stazs; accord aU employees that such action is necessary to encourage the greatest ultimate recovery of the leas~rdsources, comp~e,c freedam o~ purchase: pay all wages at.least twice each month in lawful money of me or is otherwise justified. United States; maintain a safe workingenvtronmem in accordance with standard industry practices; An interest charge shall be assessed on late royalty : ':' ~ * ' " payments or underpayments' in aecoI'dance w!th the Federal Oil and Gas Royalty Managemeal Acl 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 he filed and maintained for lease operations as required under regulations. Sec. 4. Diligence. rate of development, unitization, and drainage--Lessee shall exercise reasona_bl~ diligence in developing and producing, and shall prevent unne~essa~ damage to, loss of. or waste of leased resources. Lessor reserves right to specify rates of development and production in the public interest and to require lessee'to subscribe t° ~ cooperative or unit plan, within .30 days of notice, ir deemed necess~,:'Y (o?'~r6~ei'developme;st'and operati0h'~i' areal-field, or pool embracing these leased lands. Lessee shall drill and produce wells necessary to protecl leased lands from drainage or pay compensatory royalty for drainage in amount determined by lessor. Sec..5. Documents, evidence, arid 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 production poq:<,ses or unavoidably lost. Lessee may be required to provide plats and schematic diygrams showing development work and improvements, and reports with respect Io 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 reasonabl,e times for:j~spection by any authorized and take measures necessary t6 proiect'the heail[h and safe~, of the public· Lessor reserves the right to ensure that production is sold at y~,,;onable prices and to prevent monopoly. If lessee operates a pipeline or oWn~ c6ntr011ing intdi'estLin a.pipeline or a company operating a p~pelme, wfuch may be operaled accessible, to-oil derived from these leased lands essee aha comply w th sect on 28 of th.~ Mineral Leasing Act of 1920. Lessee shall comply with Eaeeutive Order No. 11246 of September 24. 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 facilities. Sec. I I. Transfer of lease interests and relinquishment of lease--As required by regulations, lessee shall Fde with lessor any assignment or other transfer of an interest in this lease. Lessee may relinquish this lease or any legal subdivision by I-ding 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 shaJI 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-neeessaq, by. lessor, for-preservation of producible~wells: .... Sec. 13. Proceedings in case of default--If lessee fails to comply with any provisions of this lease, and the noncompliance continues for 30 days after written notice thereof, this lease shall be subjecl to cancellation unless or until the leasehold contains a well capable of production droll or gas in paying quantities, or the lease is committed to an approved cooperative or unit plan or conununitiz~tiofl 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 apl 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 ). officer of lessor, the leased pt:cruises and aU ~,eUs, improvements,:machinery, and fixtu~ thereon, ~nd all books, accounts, maps, and records relative to operations, st/rveys, or investigations Sec. 14. Heirs and successors-in-interest--Each obligation of this leas~ shall extend to and be on or in the leased lands. Lessee:.shall maintain cop es. of.al q0n~acts :saJes agreements accounting. .:: :binding UPO9, and evrry bone.0! hereof.shall innre to the heirs, execmors adnfinlstrators, records, and documentation such'as billings invo ceg~ Or sim ar'dOCt~meh~at on that Supporls. ~ : 'successors; 'benefic'aries, or assignees ot:'th~: resPeCtive parties hereto· MULTIPLE MINERAL DEVELOPMENT STIPULATION Operations will not be approved which, in the opinion of the authorized officer, would unreasonably interfere with the orderly development and/or production from a valid existing mineral lease issued prior to this one'for the same lands: THIS STIPULATION APPLIES TO ALL PARCELS LEASE NOTICE NO. 1 WYW156597 _. r 66 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 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 perio.ds 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 I/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 WYW156597 LEASE NOTICE NO. 2 BACKGROUND: The Bureau of Land Management (BLM), by including National Historic Trails within its National Landscape Conservation System, has recognized these trails as national treasures. Our responsibility is to review our strategy for management, protection, and preservation of these trails. The National Historic Trails in Wyoming, which include the Oregon, California, Mormon Pioneer, and Pony Express Trails, as well as the Nez Perce Trail, were designated by Congress through the National Trails System Act (P.L. 90-543; 16 U.S.C. 1241-1251) as amended through P.L. 106-509 dated November 13, 2000. Protection of the National Historic Trails is normally considered under the National Historic Preservation Act (P.L. 89-665; 16 U.S.C. 470 ct seq.) as amended through 1992 and the National Trails System Act. Additionally, Executive Order 13195, "Trails for America in ~c 21" Century," signed January 18, 2001, states in Section 1: "Federal agencies wilL.protect, connect, promote, and assist trails of all types tl~roughout 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 bc 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 thc 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 ifBLM 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 the viewshed ora National Historic Trails' designated centerline, surface disturbing activities will require the lessee, permittee, operator or, their designated representative, and the surface management agency (SMA) to arrive at an acceptable plan for mitigation of anticipated impacts. This negotiation will occur prior to development and become a condition for approval when authorizing the action. TI-frS NOTICE APPLIES TO ALL PARCELS 068 THIS STIPULATION APPIJF. S 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. 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 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 Sate 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. ffthe birds are then found to be present, then additional protective measures most likely will be added to allow for any disturbing activities, ff a 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, ff 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. 6 9 WYW 156597 TIMING LIMITATION STIPULATIONS - TLS No surface use is allowed during the following time period(s). This stipulation doesnot 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.) 070 WYWI56597 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 lauds 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 stipulatio, n, see BLM Manual 1624 and 3101 or FS Manual 1950 and 2820.) 071 WYW156597 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.) 072 WYW156597 CONTROLLED SURFACE USE STIPULATION - CSU Surface occupancy or use is subject to the following special operating contraints. (1) Surface occupancy or use within the Pine Grove Emigrant Campsite will be restricted or prohibited unless the operator and surface managing agency arrive at an acceptable plan for mitigation of anticipated impacts; On tbe lands described below: (2) T.0240N.,R.1150W.,Sec.026:NE,E2NW,NESW,N2SE; For the purpose of: (3) protecting historic sites. 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.) WYW156597 ATTACHMENT TO EACH LEASE '073 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 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 assignmem, relinquishment, or logical mining unit, the initial lessee as assignor or as tran.qferor 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.