HomeMy WebLinkAbout894792For., 3100-1lb '~ :' UNITED STATES Serial No.
(O~tober 1992) DEPARTMENT OF THE INTERIOR
.- BUREAU OF LAND MANAGEMENT WYW156598
OFFER TO EEASE AND LEASE FOR OIL AND GAS -
The undersigned (reverse) offers Io lease all or any of the lands in Item 2 thai are available for lease pursuant Io the Mineral Leasing Act of 1920~ as amended and supplemenled (30 U.S.C.
e~ seq). the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U,S.C 351-359), the A~lorney General's Opinion of April 2. 1941 (40 Op. A~y. Gen. 41). or the
READ INS'~RUCTIONS BEFORJ~ COMPLI~
Future rental payments must be made
.I. _.. Name .................. CONDOREXPLOKATION.LLC ............................ on or before thc anniversary date to:
Siren, 7720' E BELLEVIEW #B-102 Minerals Management Service
City. Stale. Zip Code
. ENGLEWOOD, CO 80111
This application/offer/lease.is for: ICheck only Onel ~ PUBLIC DOMAIN LANDS
Sui'face managing agency if other than BLMi : ' ' ' ' '" ' ' '
Royalty Management Program
P.O. Box 5640
Denver, CO 80217 '
. ~] ACQUIRED LANDS (percent U.S. interesl . )
Unit/Proj~:d . · ·
'Sale Dam_em/d/y):./ , I .
Legal .... description of land .r~quested: 'Parcel No.: ' 'DX~I~,';t i..' i "~'." :. "',' ' , .... ' '':
T. R Meridian State - '~un~:' '~:~ ' '~ ~: ' '
''1 89't' 792
r'94
pgPAOE
Amount remilted: Filing fcc $ , :RentaJ' fee $
DO NOT WRITE BELOW THIS LINE
· REOEIVED
[~INCOLN .COUNT?
JEANNE' t,: ..,.
Total acres applied for
Total $
3. Land included in lease:
R. Meridian
0240N · 1150W
Sec-. 034 N2,SW~NESE,S2SE; ,-
035 ' s2NE,~2,SE; .....
06th
W ~ ' btnco~ ,
1160.00
Total acres in lease'
Rental retained $
This lease is issoed granting the exclusive ri'~ht 'tr; drill for.' mine. extract, remove and dispose of all the oil and gas (bxcept'heliumj in the lands described in Item 3 Iogether with the right to build
and maintain pecessa~y improvemems thereupon for the term indicaled below, subject to renewal or extension in accordance with the appropriate leasing authO~i~i Rights granted are subject to
applicable la.g~.':ifie.'i~rm~;.c~'ndi[~6~ and auached Stipulations df this lea~e, the Secretary of the Interior's regulations and formal orders in effect as of lease. {s~dahc~, and to regulations and formal
orders herea~'ter'pr0mul~at&l ~hefi fib! incon~isten! with leas~ rights granted ~or specific proviJions'oI this lease.
NOTE: This lease is issued to the high bidder ~? '%~ I
pursuant tO his/her duly
nomination and those sp~lfft~l;on this form. ""'-~.. t )
Type and p[~ma~ term of lease:
[] Noncompetilive lease (ten years)
I~ Competit!ve leiise (ten jears)
Other
{Continurd on rrverse)
executed bid or nomin~,~on form submitted under 43 CF~.3120 and [s ~pbjeCl.io~the~ prm%ih?~s.of 'that bid or
'~lfie~ R~d h~era~Adju~cabSn U ~/ I .~ ~ U UJ'
(Title) (Date)
EFFECTIVE DATE OF LEASE NOV 0 1 2003
'+. I.a) ~noers~gnco certlncs [nat [1) oHeror ~s a ~zcn ol I~c Umted 5tats; ~ ~sociation ot s~h citizens; a m~ici~MJty; or a ~ti~ o~aniz~ ~r the laws o[ the United ~h~t~ or o[ any
S~te or T~to~ q?..~r- ~3~ Mt p~i~ holdin~ an inter.st in th~ oE~r are in complian~?;[~..~:~,,~.~R'31~ and the I~ing and~rities; (3) offerors cha~bl~ ;-'~ ..... ~imct a~ indi~ in ~ch
I~ m ~qch I~s~r~ ~,au ..... ~ Al~bq of which ~ to ~0,~ ac~ may be m opt~0ns, [~s ~t. comi~r~ a m]~c ~r ~c laws off tl~ State in wh~T~ cove~d by this oEer
I~[~;, (5) o~c~ is in compliao~ with quMifi~3tiom co~cmlng F~cral ~al I~e ~ldlngs provided in ~. ~n~g~A).... ~0['[~ Min~ ~isir~ Art'? .(~ ofEr~d~']~, com.~ ,an~ wi~ ~clamn/i~
req ...... ~ f~ all F~ral o I ~d gm I~e buld,ng ..... qu,red by s~. IT(g) o[ the M .... I ~[ng Act; and (7) o~ ..... ~ n v o nt~ ~7~ 4~ o[~e A~,~ L? ,~
~) U~ig~d ag~ ~nt sigoature to this offer comdt~m n~ept~ of this ]~c, incising nil t~, ~nditiom, and stipulau~s of which offeror ~ b~n given notice, and any nmcodmcnt
or s~nte I~e ~ m? i~loae any 1~ d~c~b~ [n this ,?fief o~n to l~ing at the Omc ~is ~rf~r W~ fil~.~ut omltt~ f~ ~X ~q9 f~ this l~e. %e o.ffeE~ [u~r ag~ ~ha~ t~[s offer
cannot oe wsth6ra~, e,ther m who~e or m pa~ units the w,thdrawal is r<elv~ by the pmmr B~ S~te om~ befo~ mis I~; an am'endmost to mis ~e, ~ 4~arte
the land ~cdb~ in ~e wi~drawal, ~ been slgu~ on behalf of t~ U~t~ S~at~. '. '. . ~ :, ' .' ,....~ ,~. ,, t ,~. ~:
TMs oar win ~ rej~t~ ~nd will afforfl offeror no p~o~ty if It Is not pro,fly complet~ ~d e~ut~ in aecord~e ~{h 'ihe r~ui~i0ns,~i Is not aec~i~ by the
~B. 18 U.S.C. ~. 1~1 makro tl · erie f~ ~y ~mn ~o~y ~d ~llfully 1o make to ~y ~men{ or ~ncy ogt~ UMt~.Sm~y r~, ~tit~ f~ud~nt
0r repr~ntatinns ~ to any m~tter within i~ jufl~iOl~. __ ',' · . ... -, '~ '[~ ..: / ~ ff :
' ' - /_-- (--'--.25_ '
· Sec. I. I~entals--i~,dnials shall 6e i~id to proper ~ffiee of le~or in advance or,ch tease ~r.
A~ual renal rates.~r ~rc or [ractiou (beret are:
(a) Noncoms,tiDe I~ae. Sl.50 for ~e first 5 years: ~er~fi~;
~) Com~titive I~se, $1.50; for the ~mt 5 yeas; thereafter
(c) ~er, s~ a~chment, or
as s~ifi~ in re~lations at thc time this I~se is issue.
If ~is I~se or a ~niou ~er~f is commiR~ to an approv~ c~rative or unit plan which
includes a well cabbie of pr~ucing I~s~ resources, and ~e plan contains a provision for
au~Oou oi pr~t,cfion, roy~ti~ s~l ~ ~id on ~e pr~ucdon all~t~ to ~s I~. However,
anou~ rentals shall Continue to ~ due at ~ rate s~cifi~ in (a), ~), or (c) for ~ose lands
nm wi~in a paniciputing ar~.
Failure to pay annual rental, if due, on or ~fore the anniversa~ date of ~is I~se (or nexl
officiM working day if office is closed) shall automaticauy resinate this I~se by o~ration of
law. Rentals may ~ waive, r~uc~, or sus~nd~ by ~e S~re~ u~n a sufficieol showing
by less~.
~. 2. Royalties--R~alties ~hii'~ ~id'tb'pr~r office of lessor· Roy~ties shall ~ com~t~
in accor~nce'wi~ re~latines on pr~ucfi0n remov~ or sold. Royal~ rates are:
(a) Noncom~titive I~se, 12~%;
~) Com~titive lease, 12~A %;
(c) Offi~r, s~ aaachmenl; or
as s~ifi~ in regulations at ~e time ~is lease is issue.
~Ssor rescues ~e right to s~i~ whe~er royalty is to
right to establish r~sonable minimum values on pr~ucts after giving less~ notice and an
op~ni~ lo ~ h~rd. When paid in v~ue, royalties shall ~ due and payable on ~e las~ day"
c0s{s claimed as ma~bfacmring~ preparatirn, and/or transportation costs. All such records shall
be maintained in lessee's accounting offices for future audit by lessor. Lessee shall maintain
· i'eqdired rec0rd~ fm:'g}~ai:~ after they ard'g&iierated 0i', if'an audit or investigation is underway,
until released of the obligation to maintain such records by lessor.
Dtlring existence of this lease, information obtaihe~l under this section shall be closed to
inspection by the public in accordance With the Freedom of Information Act (5 U.S.C. 552).
Sec. 6. Conduct of operations--Les.see 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 granLed, 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 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 coutact 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 ufider guidelines provided b.y lessor. If in the conduct of operations, threateoed or
endangered species, objects of historic or scientific inferest, or substantial unanticipated
environmental effects are observed, lessee shall immediately contact lessor. Lessee shall cease
any operatinus that would result in the destmctiou 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
i'eserves the right·to deny approval' of such operations.
of the month following the month in which production occurred. When paid in kind, production . . Sec..,8., Extraction of helium--Lessor reserves the ol~ion of extracting or having extracted helium
shall be delive!'ed, unless otherwise agreed to by lessor, in merchantable condition on the preinisea · from gas production in a manner specified and by means provided by lessor at no expense or
where produced without cost to lessor· Lessee shall not be required to hold such production loss to lessee or owner of the gas. Lessee' shall include in any contract of sale of gas the provisions
in s.toragu beyond the last day of the month following the month in which production occurred, of this section.
nor ihall lessee be held liable for loss or destruction of royalty oil or other products in storage
from causes beyond the reasonable control of lessee. 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 propemy
Minimum royalty in lieu of reoUd of not less than the rental which otherwise would be required as a result of lease operations.
~n°rp~;:~a;~aY2~iessh~l-~h~sP~:~lme;mt ~r~;aq~y°fmT;~)~eawSaeiYv~r sbsugsin..~i;e~l~;r;e~l~ue.;~jd, iS:~dV~j~r~ · ·~;?Sec~-IO. Protection of diverse ,nteresls and'~xlual opportunity--Lessee shall: pay when due
a--v,e rovalt~ ratesmavne ex~ncen :or all rsrr~rt,ong af [h,~-- ' :" .... .' pc. 'C : ,~ez~... . ~ : :,., '~Staxes legally assessed and levied unde~: laws of the State or the United States; accord all employees
or is otherwise justified.
An interest cha~ge shall be assessed on late royally Dayments or underpaymen[~' n~A~c~i-dadce'
with the Federal Oil and Oas Royalty Management Act of 1982 (FOGRMA) (30'~J.~iC. 17(il).'"
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 Io negligence on the part of the operator, or due to the failure Io comply
with any rule, regulation, order, or citation issued under FOGRMA or the leasing authority.
Sec. 3. Bonds--A bumJ Sl~a]ll' be filed and maintaine~' f~r leas~ 6pePati~ns as required under
regulations.
Sec. 4.. Diligence, rate qfdevelopment, unitization, and drainage--Les.sec shall exercise reasonable
diligence' in developing and pt'oducing, and shall prevenl unnecessary damage to, loss Of, or
waste of leased resources., Lessor reserves right to specify rates of development and production
in the public interesl and to require lessee Io subscribe to a cooperative or unit p an, with n 30
days of notid~i if de~m'ed necessa/'y for propei deve opmeut and operation of area, field, Or pool
embracing these leased lands· Lessee shall drill and produce wells.neccssary.to pro!~t Jeased
lands from drainage or pay compensalory royalty for drainage in amount determined by lessor·
Sec. 5. Documents, evidence, and inspection--Lessee shall Fde with proper oft'icc 9f lessor,
sol 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 I.essor may prescribe, lessee
shall furnish detailed statements showing amounts and quality of all products removed and sold,
proceeds therefrom, and amount used/'or production p0rposes or unavoidably lost· 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 pre.scribed 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 ~
off~cer of lesso!'?.the !eased premises and all wells, improvements, machinery, and fixtures thereon,
United States; maintain a safe working environment in accordance with standard industry practices;
and take measures necessary t.o protect the.health an~. saf3ty of the public.
· Lessor reserves the right to:ensure'thl~t' productinn is'sold'at reasonable prices, and to preveni
monopoly. If lessee operates a pipeline, or owns controlling interest in a pipeline or a company
operating a pipeline which may be ope£aled accessible to oil derived from these leased lands,
lessee shall comply w~th: s~t~ou ;2~s of ~be,Mmeral ·-),~easmg. Act 'of' 1920.
Lessee shall con[ply with Executive ~._~.d.c?~.i! 2.46pf September 24, 196..5, as amended,
and regulations and relevant orders of the Secretary of Labor issued pursuant thereto. Neither
lessee nor lessec's subcontractors sha~i maintain segregated facilities.
Sec. I I. Transfer of lease interests and relinquishment of lease--As required by regulations,
lessee shall Fde'w th: essor any assignment or Other transfer of an interesl in this lease. Lessee
may relinquish this lease or any legal subdivision by ruing in the proper office a written
relinquishment, which shall be effective as oftbe date of Filing, subject to thc continued obligation
of the lessee and surety to pay all accrued rentals and royalties.
Sec. 12. Delivery of premises~AI such time as aU or portions of this lease are returned to lessor,
lessee shall place affected wells in condition for suspension or abandonment, reclaim the land
as specified by lessor and, within a reasonable period of time, remove equipment and
improvements not deemed necessary-by-lessor for preservation of producible wells.
Sec. I~. Proceedings 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 or production
ol'oil or gas in paying quantities, or the lease is committed to an approved cooperative or unit
plan or communitizatiou agreement which contains a well capable of production of unitized
substances in Ra. ying quantities. This provision shall not be construed Io prevent thc 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 o¢cun'ing at any other
,timd.:Les~see shall be silbjedi io applicable pro;,,isions and penalties of FOGRMA (30 US.C. 1701).
and all books, accounts, maps, and records relative to operations, surveys, or investigations Sec. 14. Heirs and successors-in-interest--Each obligation of this lease shall extend to and be
on oF. in..the leased lands. Lessee sba. II maintain copi?s of all contracts sales agreemeti~ accounting- binding upon. and every bencfi! he[eof shall inure to the heirs, executors, administrators.
records, and documentation such as billings, invoices, or similar documentation that supports~., ,.:successors. beneficiaries, or assignees of the respective parties hereto.
WYW156 598
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
W ¥ '1.56 5 98
LEASE NOTICE NO. 1
097
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 &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
WYW156598
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: (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 Peme 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 Pians).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 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.
THIS NOTICE APPLIES TO ALL PARCELS
WY W 56 598
099
TillS STIPULATION APPLIES TO Al .1. 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 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.
100
WYWI56598
TIMING LIMITATION STIPULATIONS - TLS
No surface use is allowed during the following time period(s). This sti relation 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 Kernmerer RMP stipulations overlay;
For the pnrpose 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.)
i0I
WYW156598
CONTROLLED SURFACE USE STIPULATION - CSU
Surface occupancy or use is subject to the following special operating contraints.
(!) 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 tbe 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.)
102
WYW156598
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.)
WYW15
103
ATTACHMENT TO EACH LEASE
NOTICE TO LESSEE
Provisions of the Mineral Leasing Act 0VILA) of 1920, as amended by the Federal Coal Leasing
Amendmems 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.