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HomeMy WebLinkAbout8947947 Form 3100-~_lh (October 199Z) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT OFFER TO LEASE AND LEASE FOR OIL AND GAS Serial No. WYW156584 The undersigned. (reverse) offers to lease all or any of the lands.in Item 2 that are available fo/ lease pursuant to the Mine,;al Leasing Act o( 1920. as amended and supplemented (30 U.S.C. 181 et se, q.I. the Mineral Leasing Act for Acquired Lands Of 1947, as amended (30 U.S.C. 351-359). the Attorney General's Opinion of April 2, 1941 (40 Op. Atty. Gee 41), or the " READ INSTRUCTIONS BEFOi:0g COMPLETIN Future rental payments must be made I Name CONDOR, EXPLORATION LLC on or before the anniversary date to: ....... .~-tF;;~ ........................ 7720"E ]3ELLEVIEW' gB:'l'O2 ......................................... Minerals Management Service Royalty Management Program City. sate. Zip code ENGLEWOOD, CO 80! 11 P.o. hex 5640 Denver, CO 80217 This application/offer/lease ,s for: /Check ontv Onel ~P~JBLIC DOMAIN LANDS Surface managing agency if oth~r than BLM: Legal dcscripnon o.f land reques, ted:. , · .. ..... *Parcel No.: .. PalOS TO CO~PL~TIn~ ~AaCEL ~t~a£a 'A~ SAL~ ~X'TE.' T. R: Meridian S~te 8 9 t, 7 9 [3 ACQUIRED LANDS (percent U.S. interest Unit/Project *Saie Date (~'ddl)~): - / / "C~nty '~ ' · ., -, ~E. CEiVED ' .LINCOLN .COUNTY CLERK 0,,:'3 nE.'T-28 /i;~l 9:%:6 Amounl remitted: Filitig fei~ $ Rental fee $ Total acres appl ed. for. Total $ DO NOT WRITE BELOW THIS LINE 3. Land included in lease: 0240N 1140W s~. oos N~;SW; .. 020' N2.SW,N2SE; .- Meridian 06th 1360.00' · ' ' Total' acres in lease. .-2040.00.-.-:, Rental retained $ This lease is issued granting the exclusive right to drill for."mine, extract, remove and dtspose of all the oil ~nd gas (except helium? in the lands described in Item 3 together with the right to build and ma nm n necgssaj~ ~.provements thereupon for the term indicaled below subjec ~o rem:wa or es. lens on n accordance w. th the a re riate easth author' Rights granted are subject to · ~, ~c ·., .'-'-.~ ~ .- - . . . ' ,. . PP P g . it · apphcable laws, ~{ho termsi.co~dflmns.~ as~l attached stipule/runs or,his lease, the Secretary of the lnterii)r's'regalat cna and forma orders in effect as of leasg,issaa~ and to {egulatio6s and formal orders hereafter promu gaied"~h'en' o~t ihconsistent with-lease .rights granted or specific provisions of this lease; .- ........ . ....: ..... .... -: ........ : NOTE: This lea~e is Issued to the high bidder pursuant to his/her duly executed bid or nomlnatio~ form submitted under 43 ~FR 3120 an~t.ig subj~"to the provisl'~fis of that b d or nomination and thoc, e Sl~:ifled'-on this f0~ml '~ 'i :'- '~,' r ' { ' ~'x <' ",~_"~'~ ~' '.N *. ',~' ~, · .. ,~ ._% I _ ~..' ~ '-.. ~. · <' ~ .. ~' ' %. ~ '~"' ',, ' ~ ~"-":'-~ .... Type and pr~,a,~ t~ or ~eai~' '" ~ ' ...... ~D ~*A~'ES~ A~B~,~2'- ."'//'. ........... 'C ~ Noncompetitive ,ease (ten years} ' t/'~~~' '. ' ....' ' .: T 1 (Title) NOV 0 1 2003 [] Othe~ EFFECTIVE DATE OF LEASE ~ ,~!:~i$!?: ....... :::::~!!i!i;!:!:!:' - -=' : iContinued on reverseI 4. (a) Undersigned eertlfies that (1) offeror is a citizen of the Un, ted States; ,an association of such citizens; a municipality; or a corporation organized under the. laws of the United States or of any $~t,c, or, Territory thereof; (2) all parties holding an interest' ', the 9Err are!n compliance wiflm 43 CFR 3!00 and the. leasing autharities; ~(3) 0fferoes charge, mb e !.n,terests, d rcct and indirect, in each punfic oomMn and acquired lands separately in the same StYe do not excee~ 246 080 acres in oll and gas ]e~as~s (of which up to 20~ 000 :i~'es U~aV be in oi):ani:{, gas optionS), or 300,000 acres in leases in each leasing District in Alaska of which up to ~00,000 acres may be in options, (4) offerer is not eer~idered a minor trader the laws of the State in wh;ch the lands covered by this offer are Ioc~qted; (5) offeror is in compliance with qualific~'~tiom conccmlng Federal coal lease ho}dings provided in sec. ~aX'2XA) c~ the Mineral [~.,a.,~Jo{~.Act ('6) offeror is in compliance with rec amat on requirements for ,all Federal oll md g~ lease holdings as required by sec. l?fg) of the Mineral Leaslmz ArA; and ltl off-eror is not in violation of ~ ~4~ ot~l~e Act ~'" v,.~ Co) Undersigned agrees that s~gnature to this offer constdutes aeeept~'uace~f this lease, including a~ terms, conditions, and stipulations of wtfich offeror t~as he~n gi~;~n not:ce, and any amendment or sepa.rate I~ase that m~y ir~. lude any land described in this off-er open to leasing at the time thls'off-ec w{as filed but 0m. ittnd for andy reaso~..-[rum this lease. The/o{fl:rpr fuedaec agrees that this nfl'ex ~n.not .~. w, th.,dra.,,~n, eRher m whole or in pa~ unless the withdrawal is received by the paper BLM State Omce her, lee this lease; ~n amendment [o tl'fi~ lc. asr, ~- ~ {scape. ate lease, wh'ichever covers toe moo oescr{oeo in the withdrawal, has been signed on behalf of the United St~ates. ', ' · - ' '= -,~ , This offer will be.rejected and will afford offeror no priority if it is not properly completed and executed in a~cordance with the regulations Orajel is not accompanied by the required osB4'TUq ... . . .... '.':6 Sec. I. Rentals--Rentals shall be patti to proper office of lessor'in advance of each lefise year. Annual rental rates per acre or fraction thereof are: (a) Noncompetitive lease. ~1.~0 for the first 3 years; thereafter $2.00; Co) Competitive lease, $1.50; for the first 5 ye~ars; theoc~aftcr $2.00; (c) Other, see attachment, or as specified in regulations at the time this lease is issued. If thi~ lease or a portion thereof is commJtled 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 allocated to this lease. However, annual rentals shall continue to be due at the rate specified in (a). CO). or (C) for those lands not within a participating area. Failure t6 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. Renlals may be waived, reduced, or suspended by the Secretary upon a sufficient showing by lessee. Sec. 2. Royalties--Royalties ~lhall he ~aid to proper office of lessor. Royalties shall be computed in accordance with regUlationg on production removed or sold. Royalty rates are: (a) Noncompetitive lease, 12~/:%; . Co) Competitive lease, 12'/~ %; {c) Other, see attachment; or as specified in regulations at the time this lease is issued. Lessor reserves the right to specify whether royalty is to he paid in value or in kind, and the right to establish reasonable minimum values on products after giving lessee notice and an opportunity to be heard. When paid in value; royalties shall he due and payable on the last day of the month following the month in which production occurred. When paid in kind, production shall be delivered, unless otherwise agreed to by lessor, in merchantable couditi0n on the premi.~s 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 liabl~ for loss or destruction of royalty oil or nth}ct prod6~'ts~in storage from causes beyond the reasonable control of lessee. Minimum royalty in lieu of rental of not {ess 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 d scovery 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 :fthe Secretary that such action is necessary to encourage the greatest ultimate recovery of the leased resources, costs Claimed as manufacturing, preparation. ~nd/or transportation costs. A{I su~:h records shall be mainta.ined in lessee's accounting offices for future audit by lessor. Lessee shall maintain required records for 6 years after they :~'genetated or. if an ,iudit or investigation is underway, until released of the obligation to maintain such records by lessor· During eaistence of this lease, information obtained under this section shall be closed to inspection by the public in accordance with the Freedom of Information Act ($ U.S.C. 5.52). See. 6. Conduct of operations--Lessee 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 neceasa~ 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 future uses upon or in the leased lands, including the approval of easements or rights-of-way. Such uses shall be conditioned so as 1o prevent unnecessary or unreasonable interference with rights of lessee. Prior to disturbing the surface of the leased lands, lessee shall contact lessor to be apprised of procedures to he followed and modifications or reclamation measures that may 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 erase any operations that would result in the destruction of such species or objects. Sec. 7. Mining operations--To the extenl that impacts from mining operations would be substantially different or greater than those associated with normal drilling operations, lessor reserves the right to deny approval of such operations. Sec.. 8. Extraction of helium--Lessor reserves the option of extracting or having extracted helium from gas production in a manner specified and by means provided by lessor at no expense or loss to lessee or 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 improvements, and shall save and hold lessor harmless from all rialms for damage or harm to persons or property as a result of lease operations. .. 5cc. "lO.~P~eCtiop, , ~ of,diverse, interests and equal opportunity--Lessee, shall: pay when due al taxes legally assesatd find lev:ed under laws of the Slate or the Umtcd State. si accord al employees complete freedom of purchase; pay all wage~ at least twice each month in lawful money of the or is otherwise justified. United States; maintain a safe working environment in accordance with standaixl indusUy Practices; ?'~] ~..~.,. and take measures necessary to protect the health and safety of the public. An interest charge shall be assessed on late royalty payments or underpayments m accprd~pc~ .: .j Lessor reserves the fight to ensure that p~oductiou is,sold at reasonable prices and to prevent with the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) (30 U.S.C. 1701 ). monopoly. If lessee operates a pipeline, or ~Jv~h~'c0iitrOlling intere~l ih'a {Jipeline or a company 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 operaled accessible Io oil derived 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 under FOORMA or the leasing authority. Sec. 3. Bonds--A bo6&shali be filed and maintai~l for l~se'operatinns as required under regulations. Sec. 4. Diligence, rat~ of devel0pment, unitization, and dramage--Lessee shall exercise reasonable diliger~ce in developing and producing, and shall prevent unnecessary 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 'to a cooperative or unit plan, y~ithin 50 days of notice, if deemed n~:essary for :iar0per development and operation of area, field, or pool embracing these leased lands. Lessee shall drill and proth~ce wells necessary to prolect leased lands from drainage or pay compensatory royalty for drainage in'amount determined by lessor. Sec. 3. Documents, evidence, and inspection--Lessee shall f'de with proper office of les. spt, not later than 30 days after effuclive 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?l products removed and sold, proceeds therefrom, and amount used for production pul]:~,.4es or unavoidably Inst. Lessee may be required to provide plats and schematic diagram~ showing- developmenl work and improvements, and reports with respect to parties in interest, expenditures, and depreciatio~ costs. In the form prescribed by lessor, lessee shall keep a daily drilling: ~eeJard~;a'lo{~; {.n{~orr~tibn lessee shall comply with sect on' 28 ,of~the:M neral Leas ng Act of 1920.~. i .'~ ~,~,,.;'. ~. ' , ' ~i ~, t,~' Les.~'.e shall con:ply with Execut:ve Order NO, 11246 of September 24, '1965, as amended, and regulations and relevant orders Of the Sec't~:t~'ry'6f l~ab~' i~'~ued 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 file with lessor any assignment or other transfer of an interest in this lease. I.ff. asee may relinquish this lease or any legal subdivision by filing in the proper office a written relinquishment, which shall he effective as of the date of filing, subject to the continued obligation of the lessee and surety lo pay all accrued rentals and royalties. See. 12. Delivery of premises--At such time as all or portions of this lease are returned lo lessor, les.see 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 nol deemed-necessary-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 subject Io cancellation unless or until the leasehold contains a well capable of production of oil or gas in paying quantities, or the lease is commitled 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 on well surveys and tests, and a record of subsurface investignlions and furnish copies to lessor by lessor of any other legal and equitable remedy, including waiver of the default. Any such when required. Lessee shall keep open at all reasonable times for iaspextion by any authorizo:l remedy or waiver shall not prevent later cancellation for the same default occurring at any other officer of lessor, the leased premises and all wells, impr~,em~n, ts 'm~chineryl a,~d fixtur~ I~Cr~on~, iin~J'Les~'~hali be Subject to ~pplieable provisions and penalties of FOORMA (30 U S C 70l) and all books, accounts, maps, and records relative'to 'operations, surveys, or investig~ti0ns Sec. 14. Heii-s and successoi's-in-intere~t--Each obligation of this lease shall extend' to and be on or in the leased lands. LeS...%-e:%hall maintain qopi~s p{'.~ll eont.rac~s.~ ...~.~ ~greements, aecoun. '~t~. gl. ?::.: ~ I~ip.ding upon and eVery-benefi,l.hereof sl~all inure to the heirs, executors, administrators, records, and documental On~., SucJi"fi~..~, ' billirigs,' nvo_ res', 'or s._mi..~r dod(Yfi4~ntatiou.. ~ . ~. that.'§]~0ortg___.,.' :" ~: Successors,: beneficiaries, or assignees of the respective paflJeS h~:ret~ 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 L~A$~ ~OTIC~ 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 d~ring periods when the soil material is saturated or when watershed damage is likely to occur. 4. Within 500 feet of Interstate highways and 200 feet of other existing rights-of-way (i.e., U.S. and State highways, roads, railroads, pipelines, powerlines). 5. Within 1/4 mile of occupied dwellings. 6. Material sites. GUIDANCE: The intent of this notice is to inform interested parties (potential lessees, permittees, operators) that when one or more of the above conditions exist, surface disturbing activities will be prohibited unless or until the permittee or the designated representative and the surface management agency (SMA) arrive at an acceptable plan for mitigation of anticipated impacts. This negotiation will occur prior to development and become a condition for approval when authorizing the action. Specific threshold criteria (e.g., 500 feet from water) have been established based upon the best information available. However, geographical areas and time periods of concern must be delineated at the field level (i.e., "surface water and/or riparian areas" may include both intermittent and ephemeral water sources or may be limited to perennial surface water). The referenced oil and gas leases on these lands are hereby made subject to the stipulation that the exploration or drilling activities will not interfere materially with the use of the area as a materials site/free use permit. At the time operations on the above lands are commenced, notification will be made to the appropriate agency. The name of the appropriate agency may be obtained from the proper BLM Field Office. THIS NOTICE APPLIES TO ALL PARCELS .BACKGROUND: wYW 156 LEASE NOTICE NO. 2 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 21s~ 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 cemerline 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 AeL 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 predeeisional 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 of a National Historic Trails' designated centerline, surface disturbing aotivities 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. TH/S NOTICE APPLIES TO ALL PARCELS WYW156 THIS STIPULATION APPLIES TO ALL 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, 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. 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. WYW156584 TIMING LIMITATION STIPULATIONS - TLS No surface use is allowed during the following time period(s). This stipulation does not apply to operations and maintenance of production facilities. (1) Nov 15 to Apr 30; On the lands described below: (2) as mapped on the Kemmerer RMP stipulations overlay; For the purpose of (reasons): (3) protecting big game crucial winter range. Any changes to this stipulation will be made in accordance with the land use plan and/or the regulatory provisions for such changes. (For guidance on the use of the stipulation, see BLM Manual 1624 and 3101 or FS Manual 1950 and 2820.) WYW156584 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.) WYWI56584 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.) 12.4 WYWI56584 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.) ATTACHMENT TO EACH LEASE NOTICE TO LESSEE Provisions of the Mineral Leasing Act (MLA) 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 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 condeming 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 t° 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.