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HomeMy WebLinkAbout894790Form 3100-11b ..... ~ . UNITED STATES Serial No. (October LOS)g) DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT " OFFER ~ LEASE AND EEASE FOR OIL AND GAS WYW156585 The undersigned (reverse) offers Io lease all or anyof the lands in Item 2 thai are available for lease pursuant to the'Mineral L~asing Acl of 1920. as amended and supplemented (30 U.S.C. 181 e~ ?cq.). the Mineral L~asing An for Acquired Lands ol 1947. as amend~ (30 U.S.C. 351-359). the Altorney General's Opinion of April 2. 1941 (40 Op. Ally. Gen. 41). Or the READ INSTRUCTIONS BEFORE CoMpLETIN Future rental payments must be made I Name CONDOR EXTLoRATION LLc' ' on or before Ihe anniversary date to: ............................SIreet r~7~0-E'i3i~EEEViEW'#B:i0~. ' .............. ............ . ................ Minerals Management Service .... Royalty Management Program · city, State. ziv Cede ENGLEWOOD~ CO 80111 P.O. nox 5640 Denver, CO 80217 2. This application/offer/lea~e is for: fCheck only.. One).. ~- PUBI~I(~ DOMAIN LANDS U] ACQUIRED LANDS (percent U.S. interest ) Sutfa/:e managing agency if other than BLM: . - Unit/ProJect ' , :..,:..,. , . , , , Legal description of land requesled: ., , . .- : *Parscl No.: : ..... - . *Sale Dale [m/d/y): ' /. 'SEE ITEM 2 iNi*s~iiOC¥10~/S ..... ~ ............ '~ ..... ";"" ';: ............. ': "" · ' '" ~ "' ' ..... '" BELO PRIOR TO cOMPLETING PARCEL NUMBER AND SALE DATE. ' ': ' ";:~- .;~ : , ' ' ']: ' '~'~ T. R Meridian Slale 89h'190 -. -RECEN .-- --, LINCOLN c0gg~¥' CLERK Amount remitted: Filing fei $ ' · ' 3 Land included in lease: 0240N' .R. 021 1140W Rental fee $ DO NOT.WRITE BELOW THIS LINE Meridian 06th . Total. acres applied for Total $ State Count~ w'Y - Liltcohi ... ........ 1-60.00: Total acres in lease· This lease is issued granting Ihe excluiive fight tO drill.for, mine.: ell/act, remove and disPOse of all the:oil and gas' (ex~'ept helium) in the lands described ih 'it~ 3 t0~eth~r with thc' fight to b~il~l and maintain neces~apz Improvements thereuPOn for he term indicated below, subject to renewal or extensmn in accordance w th the appropriate leasing authority. Rights~ grapl~are subje/:t to applicable lawS. the~,le~'ns:. ,e0hdi'tior~s. and'a~iached stipulalions of this lease the Secretary of the Imerior;s regulalions and formal orders in effect as 0P'leage'issuance, and to~r~gulafi'~ns and formal orders hereafter promulgated when not inconsistenl with lease rights granled or spe, cili¢ provisions of' this lease. ' ~ _,,- x, ' , · ':.~ ' .7 v ? .-:::.' :.-.' ",, . '~ ~ ", NOTE: This lease is Issued to Ihe high bidder pursuant Io his/her duly executed bid or nomination form submitted under 43,CFR.3'12(~ and s,'sub~e~l to [lhe Pr0y sinus o:("that bid or ........ ,, . [ ,~, ' , ..~ ~ ',. . , /~ .... ....,,.. (:.~ .- .,. Type and primary term of lease: ,. ' ~kN'~E'D STATE$/CJF A'ME~_..A '~/~. · .~'.. 7~.... ::' . ' . . ( 'g ' ' Officer) ' ' " IZjX Competltive le~e (ten years) ~ H .j. : [] other . EFF=,VE DATE OF N0¥: 0. ! 2003: '-' '~. La) ~Jnuecs~gneo r_er[ acs mat it) ot[er~ ~s a ~bzcn or thc Unit~ 5tats; ~ =socinUon o[ s~ citizens; a m~icipMi~; or n ~mti~ o~nn;zed ~r thc laws o[ the UnR~ S~t~ or o~ any Sbqte or Te~to~ therenF: f2) all pa~ holding an interest in thc deer a~ in comn ancc*,, *h 4~ ¢~R ~]~ . . , p~hc domain and ds scp~tcly n thc same State'do n~ exceed 2 ...... ~: ;:~ [: , ~Pd ~C I~ng au~nbea, (3) offerods cha~eable.~ . '7:" ':met a~ ind ~ n each t~ n each le~i~ ~ ~ nf ~h' - ..... ~,0~ act :,; .:,~;~:~d gas I~ (of which up to 200 ~ a~ may bcn o :: ~ ..... ~c ~ o uu~ac~maybemopb~s (q)o~sn°[c°m~redam~r~der~ela~ofl~Statemwh~&l~co~er~by~Jsofferar~ I~l~; (5) offe~ is in compl~an~ with ~alifieatlom co~emlng F~al ~al I~c hold ngs ~vld~ in s~. a A of t~ Mi ~ ..... . · - req~mmen~f~allF~mloil~d~ ~e~ldln~s~reau' h .... ~ro~,~,,' ..... ~X ~ . n ~?gA ,(~)off~sjn~mpmn~w~recamati~ sig~q~e to rl~s offer ~mti~ a~ept~ of this I~c, incl~ing all te~, co~ifiom, and sfip~afi~s of ~ch offeror ~ b~n given n~ ~ any amcn~t or s~arate I~ ~ may i~lude any I~ d~c~b~ in this offer o~n [o I~ing at ~c Umc ~ s Offcr w~ 5~ but omJtt~ [~ ~ · ~n~ be withd~wn, eith~ in whole or in ~a~ units thc withdrawal is r -'v .......... ~:*, . ,: .. y .~n f~ th~s le~e. ~c o[f~[~ fu~ agr~ ~at Ibis offer T~ offer will ~.rej~ and w~ afford offeror no p~o~ty if it is not pro.fly complet~ ~d ex~ut~ in eccor~ce ~th the r~atl~, or i '" not ~e~i~ byt~ ~en~. 18 U.S.C. ~. i~1 mak~ It a ~me f~ any ~n ~o~1~ ~d ~U~By to make to ~y ~me~t ~ ~encv of t~ UMt~ Smt~ tit ~ ~ud~nt ~t~en~ ,'.'. ,.-.,,, · S<. I. Renmis--R~n~ls shMIb paid t~ ~6~r offic& Of lessor fi advance 6f each lease y~r. costs claim~ as manufacm~; preparation, aM/or trahs~tion cos~. All such r~ords shall A~ual rental rat~. ~r acr~ or f~actlon thereof ~re ~ mammln~ m I~s~ s accoummg offices for M~re audit by lessor· ~ s~[ malaria (a) Noncompetitive lease. $1.50 for the 'first 5 years; thereafter $2.00~ ...... (b) Competitive lease, $1..50; for the first .5 years; thereafter SZO0; (c) Other, see attachmant, or as specified in regulations at the time this lease is issued. If this lease or a portion thereof is committed lo an approved cooperative or unil plan which includes a well capable of producing leased resources, and the plan contains a provision for allocation o£ production, royalties shall be paid on the production alloca~l to this lease. However, annual rentals shall continue to be due at the rate specified in (a), t~). or (c) for those lands not within a pattie!paring area. Failure to pay annual reutal, if due, on or before the anniversary date of this lease (or next official working day if office is closed) shall automaiicallv terminate this lease by operation of law. Rentals may be waived, reduced, or suspended by th~ Secretary upon a sufficient showing by lessee. Sec. 2. Royal~ins--Royalties shall be paid to proper office of lessor. Royalties shall be computed in accordance W th regulations on product/on removed or sold, Royalty rates are: (a) NoncOmpetitive lease, I~A%; (b) Competitive lease, 12~fi (c) Other, see auachmeut; or as specified in ragu at oas at the time this lease is issued. Lessor reserves the right to specify whether royalty is to be paid in value or in kind, and the right to establish reasonable minimum values on products after giving lessee notice and an opportunity to be heard. When paid in value, royalties shall be due and payable on the last day of the month following the month in which production occurred. When paid in kind, production shall be dclivcrod, unless otherwise agreed t~ by lessor, in merchantable condition on the premises ' where produced without cost to lessor. Lessee shall not be required to hold such production in storage beyond the last day of the month following the month in which production occurred, nor shall lessee be held liable for loss or destruction of royalty oil or other products in storage from causes beyond the reasonable control of lessee. Minimum royalty in lieu of rental of not less than the rental which otherwise would be required for that lease year shall be payable at the end of each lease year beginning on or after a discovery in paying quantities. This minimum royalty may be waived, suspended, or reduced, and the above royalty rates may be reduced, for all or portions of this lease if the Secretary determines that such action is necessary to encourage the greatest ultimate recovery of the I ,eased,resources. or is otherwise justified. An interest charge shall be assessed on late royalty payments or underpaymems in accordance" i'equited i'e~ords for 6 y~ea~'s ~ft~r they are generated or7 if an audit or investigation is underway. until released of the obligation to maintain such records by lessor. During existence of this lease, information obtain'ed ~nder this section shall be closed to inspection by the public in accordance with the Fn~dom of Information Act (.5 U.S.C. _552). .Sec. 6. Conduct of operations--Lessee shall conduct operations in a manner that minimizes adverse ~mpacts 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, modiftcation 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 leased lands, including the approval of easements or rights-of-way. Such uses shall be conditioned so as to prevent unnecessary or unreasonable interference with rights of lessee. Prior to disturbing the surface of the leased lands, lessee shall contact lessor to be apprised of procedures to be followed and modifications or reclamation measures that may be necessary. Areas to be disturbed may require inventories or special studies to determine the extent of impacts to other r. esources. Lessee may be required to C.O..~le!e minor inventories or short term special stud/es u~ler guidelines provided by lessor, it'in ~e 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 would be substantially different or greater than those associated with normal drilling operations, lessor reserves- the fight to deny approval of such operations. Sec. 8. Extraction of helium--Lessor reserves the option of extracting or having extracted helium fr°m gas I~roduction 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 intprovemeuts, and shall save and bold lessor harmless from all claims for damage or harm to persons or property as a result of lease operations. Sec. In. Protection of diverse interests and equal opportunity--Lessee shall: pay when due all taxes legally asse. ss~ and levied under laws oftbe State or the United States; accord ali employees complete frecdom of purchase; pay all wages at least twice each month in lawful money of the Uniled State.si maintain a safe Working envir6nment in accordance with standard indnstry practices; and take measures necessary to protec{ th~ health and. safety Of the public. Lessor reserves the right to ensure that production is sold at reasonab e prices and to prevent with the Federal Oil and Oas Royalty Management Act of 1982 (FOGRMA) (30 U.S.C. 1701 ). monopoly. If lessee operates L ;pi~hhe~,~?r ~.,'? controlling interest in a p pe ne or a c~mpany Lessee shall be liable for royalty payments on oil and gas lost or Wasted from a lease site when operating a pipeline, which may be operated g~cessble to'0il d~:rived from these leased lands, 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 unde~ FOGR~lA~7~:th~leasifig 'nuthcfd~:.-.-- - lessee shall comply with- .r,~3ion 28 of the Mineral Leas ng Act of 920 Lessee shall comply witli Executive Or~e. r.No. 11246 of ~eptember 24, 1965, a~ amended, Sec. 3 Bonds A bond shall be f'ded and ma,nra,ned for lease oper~;~ o~s ~'as~requlred un~;-~ ~.'~ m,~ '~ssee nor lessee's subcontractors shall'~l~tlibln segregated faciht,es. regulations. ' ' and regulations and relevant orders of~e'~&~eia~yor-Lab~t i6'u~ oursuant thereto Ne ther d.STrg. ~. D~.!ge,~.~ra~ or de~¢bpmeut, uni~tion. ~.d .~ge:-L~ shall excre se r~oeab~e ence ~n developing and producing ~nd shall p~evefif unnecessary damage to~' f6s.~ bL or '.~i1" dessee shall ~de with lessor any assignment or other transfer of an interest in this lease. Lessee waste of.leased,resources. Lessor reserves right to specify rates of development and production in the public interest and to require lessee to subscribe to a cooperative or unit plan, within 30 days~ of not~, {(deer~ed necessary for proper development and operation of areal field, Or pool embracing, these, leased lands: Lessee shall drill and produce we, lis necessary ~o protect leased lands from drainage or pay compensatory royalty for drainage in amount determined by lessor. Sec. 3. Documents, e~idence, an~ ir~$p~tion--Lessee shall file with proper .0ffic~ ot~ I~ss. or, not later than 30 days after effective date thereof, any contract or evidence of other srrangement for sale or disposal of production. At such times and in such form as lessor may prescribe, lessee sh~l furni'sh detailed Statements sho~ing' a~.'0qnis and quality oi,ali products removed and sold, proceeds therefrom, and amount ns~d for prdduction purposes (n: unavi)idably lost· Lessee may be required to provide plats and schematic diagrams showing development work and improvements, and reports with respa'ct to'parties 'in interest, ixpenditures and depreciation costa. In ~ form prescribed by lessor, lessee shall keep a daily drilling record, a,log, info.lion .' ' 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 ~sor, the leased premises and all wells,, improvements, machinery, and fixtures thereon. sad all books, aci:ounts, Map~. and records relative ~o operations, surveys, or in'~estigations Sec. I I. Transfer of lease interests and ~elinquishment of lease--As required by regulations: may relinquish this lease or any legal subdivision by f-ding in the proper office a written relinquishment, which shall be effective as'of the'date of f'ding, subject to the continued obligation of the lessee and surety to pay all accrued rentals and royalties. Sec. 12. Delivery of premises--At such time as all or portions of this lease are returned to lessor, lessee shall place affected wells in condition for suspension or abandonment, reclaim thc land as specified by lessor and, within a reasonable period of time, remove equipment and improvements not deemed, necessary...by.lessor for..preservatinn 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 unl'ess or until the leasehold contains a well capable of produciion droll or gas in paying quantities, or the lease is committed 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 no~ be construed to prevent the exercise by lessor of any other legal and equitable remedy, including waiver of the default. Any such re.mealy or waiver shall not prevent later cancellation for the same default occurring at any other . {iF:.ei Lessee shall be subject to applicable provisions and penalties of FOGRMA (30 U.S.C. 1701 ). Sec. 14. Heirs and successors-in-interest--Each obligation of this lease shall extend to and be on or in the leased lands. L~s,see. shall maintain copies of aU contracts, sales agreement, accounting binding Upon, and every benefit hereof shall Snare to the heirs, executors, administrators, records, and deeumentatipn s~ch'?s billings, invoices, o~' similar documentation that,~?pportg - ":':fft~ssors: beneficiaries, or a~signees of ~h~ 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 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 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 thc 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 fi'om the proper BLM Field Office. THIS NOTICE AppLIEs TO ALL PARCELS 078 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 et seq.) as amended through 1992 and the National Trails System Act. Additionally, Executive Order 13195, "Trails for America in the 21st 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: Co) 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 centeri{ne of the National Historic Trails in Wyoming, except, at this time, for the Nez Pefco 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, permittees, 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 0b ¢790 079 WY ! 56 5 TI-~S STIPULATION APPI JI:~S TO Al J 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. Mouritain 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 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 plover habitat 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. 08O 56 58511 i WYWI56585 TIMING LIMITATION STIPULATIONS - TLS ' No surface use is allowed dnring 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.) WYWI56585 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 I 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 ~n 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.) O82 WYW156585 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 belo~v: (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.) 083 WYWI56585 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 managtng 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 Lhe 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.) WY'W156 084 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 conceming 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.