HomeMy WebLinkAbout894795Form 3100-1lb UNITED STATES
(O~tober L~9, 7)? ....... 4: DEPARTMENT OF THE INTERIOR Serial No.
BUREAU OF LAND MANAGEMENT
OFFER.TO LEASE AND LEASE FOR OIL AND .GAS WYWI56586
The undersigned (reverse) Offers lo lease all or any of the lands in Item-2 that are available for lease pursuant to the Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181
et seq.), the Mineral Leasing Act for Acquired Lands. of 1947. as amendeJ~ (30 U.S.C. '351-359). the A,omey General's Opinion of April 2. 194[ f40 Op. Atty. Gen 41)~ Or thL-
READ INSTRUCTIONS BEFORE COMPLETI' Future renlal payments must be made
CONDOR EX'IS[jOR~TIOi~ LLC on or before the anaiversary date to:
~7720"E -Bi~L'L'g ~li?W ~tBqb~ '--: ............................... Mia,rah Management Service .......
Royalty Managethent Program
ENGLEWOOD, CO 80111 P.o. Box 564O
Denver, CO 80217.
2. ·This applicaiion/offer/lease is for: fCheck·only One) ~'PUBLIC DOMAIN LANDS [] ACQUIRED LANDS (percent U.S. interes~
Surhce managing agen~:y il' other than. BLM: .... Unit/ProJect ~ ·: - , . ", · . ....
i.,egal description of land requested: , . *Parcel No.:. *Sale Date Im/d/y): !
· SEE .ITEM 1 IN i~$TRu~¢I6N~S ......... ': ........ -,?. ,:,, ,--~ .... ,, :,~.: . ..... · .....
BELOW PRIOR TO COMPLETING PARCEL NUMBER AND ~ALE DAT~.'
T.
'LIN
I Name
...... ~'t;efi ........................
Cily. State. Zip Code
Amount rcmiUed: Filing lees
Land included in lease:
See~ 030 LOTS'5,6~
030 ~2NW;
Renml ~e $
'DO NOT wRITE BELOW THIS LINE
Meridian
Total acres applied for
Total $
State
WT ; '.: UmcoM .....
...... i56.90 '"'
· ' Tolal a~res in le~e
235..50 -
Rental retained $
This lease is issued granting the exclusive right ib d¢ill for. mine. extract, remove and dispose of all the oil and gas (exbept hell,aU in the lands described in [tem 3'togeLher with the right to build
and maintain nece.s, sa~ improvements thereupon for the term indicated below subject to renewal or extens on n accordance with the appropt a e easing author ty R gms granted are subject Io
applicable laws. !h~ I~tTd'~'cofi~litiofi'~F. and attached stipulations of this lease, the Secreta?y of the Intefi6r's'fegulations and formal orders n effect as of'l~ase iss~lance, ami tq~eg~lations and formal
orders hereafter promulgati~l when..not inconsistent with lease. Tights gfahted'0r speci fie provisions of this lease., % . t.......; .. . .~ .... ~ ...
NOTE: This lease is issued to the high bidder pursuant to his/her duly executed bid or nomination form submitted underc43 C~ER.~3J~ a~d is subJt~t to. the, provJslo'hs of thai bid or
nomination and'l.o~ slX'~"l[ied~o__ this r.rm. '. ~,':..'i !'. "-'~%3'~'_ .. ' ', , 'x"~" ;~ · ', ' ,.., ., ~, ·
'.-' · ""- '; i'- "~'" x N, .... x ',~..%.,.
t .3 ~--' ..... .~. ~ %: ', -,. .~.,.,
Type and primary term 0f lease': ' .' ' C . ~~.STATE-5 OF AMERICA '" ..//) ~!-. .,
E] Noncompetitive lease (ten years) ::i:~[~61'l~'~,inol-a~AAdj .,.OCt 1 4 2.03
I~Competltlve I~.se (ten y~,rS) U 0
-" NovOl
- cT t e) (Date)
[] Other :
EFFECTIVE DATE OF LEASE
, ::.:':i:i:::i:i
...... d Z.'.L.X-'"'"
~' L"/ %"~'~E."cu ~tuLIt.~ unit Lx) otteror Is n clnzen o[ toe u~t~ btat~; ~ ~soc~aOon ut s~h citizens; a m~icJpality; or a ~tJon o~aniz~ ~r [he laws of thc Unhed S~al~ or o{ any
S~te or T~to~ Iberuof; {2) all paai~ bold~ng an inter~t in {be offer a~ in ~ompllan~ w;H, a~ c'~R 31 · · . .
p~lic ,dom~n nad: . als sepa~te y in the same StYe d~ n~ ex~ 2~ 0~ ac ':~ ~''~ :~:;:':' '" ~ and U]e l~ng authont~, (3) offeroes cha~eabl~; ....... 4 ~rct a~ indite in ~c~
I~ m each le~i,~-~; ...... } Alas~ of wh ch u~ to ~ O~ ac~ u , ,.. · ~;[;,?[~;:::,; ?o g~ I~ (of whJ~ up to 2~,~0 a~ may be in oil L~. x a~ ~' ,
~ , ~ ~ ...... t~ = ~t~ ~oer me ~aws o[ t~z ~tate in wh~'me lan~ covered by ~is offer a~
}~ated; (5) o~er~ is in complJan~ wilb q~alific~qtlom co~eming F~eral coal Imase ~Jdln~s dy ded i
r~remen~f~al F~aloilmde~l~e~ldin~sasre--' ........... o ~ ns~'~a~A)°f~Min~aL~ineAct' 6 offero ' ' · ·
o 'o , gnaturetotmsouer~mtit~a~e~m~ofthlsi~e melvin alit ' --'' " · ~<L~v*~'$~qz;?l~e~ ~{
de w~mura~, either in Whole or in pa~ unless the w thdrawal ia r~eiv~ b the m r ~' '= ;,R".¢ ~ o¢ ~Y ~0P 1[o~ [b~s I~e. ~}e offer~ fu~r agr~ ~at this offer
t~ land d~edbed in thc wi~drawal ~ b~n ~igncd ~ behalf of thc Umt~ S~ates ~,, '% ,2. ~ ., .,'
Th~ o~er ~11 ~.r~j~l~ ~d ~111 ~or~ offeror no priority If it Is not pro~rl~ eomplet~ and ex~ut~ In aeeor~e~ -~tfi~the r~ul./ions, ~l(It Is nol aec~l~ by the r~u~
~e.~. I$ U.S.C. ~. I~1 m.k~ Il. throe f~ ~y ~. kno~y ~d ~M~ to make to ~y ~ment or ~ey of t~lt~ S~I~ ~ta~ ~ ~ud~n/
Duiy'ei~ut~ mis ~ day '0f
LEASE ~RMS
,: ":. '127
Sec. I. Ren~s~Ren~l] sh~l ~ paid to pr0~r bffice of lessor in advance of eac~ lease year~ cdst;'cla'im~ as mafiufac~riag, prepafatinn, a~/or tran~tinn cos~. ~l such r~o~s
Annual rental rates per acre or fract on there, or are'
(a) Noncompetitive lease. $1.30 for the first 5 years; thereafter $2.00;
(b) Competitive lease, $1.5U; for the first 5 ye~qrs; lhereafter $2.00;
(c) Other, see attachment, or
as specified in regulations at the time this lease is issued.
If this lease or a portion thereof is commitled to an approved cooperative or unit plan which
includes a well capable of producing leased resources, and the plan contains a provision for
allocation o1' production, royalties shall be paid on the I~roduction allocated to this lea.se. 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
offieial 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.
,Secl 2. Royalties--Roy~hies Sh~i be paid to proper office of lessor· Royalties shall be computed
in accordance' with regula/inna o4 prod~ietion removed or sold. Royalty rates are:
(a) Noocompelitive lease, 12½%; : .
(b) 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 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 delivered, 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 production occurred,
nor Shall les§ce 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 ease year beginning on or afle~"a discovery
in paying quantities. This minimum royalty may be waived, suspended, or
above royalty rates may be reduced, for all or portions of this lease if the Secretary determines
that such action ia necessary to encourage the greatest ultimate recovery of the leased resources,
or is otherwise justified.
An interest charge shall be assessed on late royalty payments or underPayment~ in"ffccfrdan~f e
with the Federal Oil and Gas Royalty Management Act 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 be filed and maintained for lease operations as required under
regulations. .
Sec. 4. Diligence, rate of development, unitization, and dralnage--I~s,see shall exercise reasonable
diligence in developing and producing, and shall prevent unnecessary damage
waste of leased resources. Lessor reserves right Io specify rates ofdavelopment and production
in the public interest and tO require lessee to subscribe to a cooperative or unit plan, within 30
days of notice; if deemed necessary for pr0per development and operation of area, field, or pool
embracing these leased lands. Lessee shall drill and produce wells necessary to protect leased
lands from drainage or pay compensatory royalty for drainage in amount determined by lessor.
Sec..fi, Documents evidence, and inspectinn--Lessee shall ['de 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 purposes or unavoidably lost· Lessee may
be required to provide plats and se.bematc .diagrams showing development work and
improvements, and reports with respeci id parties in interest, e.~penditures, and depreciation
costs. In the form prescribed by lessor, lessee Shall keep a daily drilling record, a log, information
on well surveys and tests, and a record of subsurface investigations and furnish copies to lessor
when required. Lessee shall keep open at all reasonable times for inspection by any authorized
officer of lessor, the leased premises and all wells, improvements, machinery, and fixlures thereon,
md all books, accounts, maps, and records relative to operations, surveys, or investigations
on or~,n the I,ea;,~.ed lands. 17essee.~hal! malntam COl,,es ufa§ contracts, .s.s.s.s~es agreements accounting
recorns, and documentation such as billings, invoices, or similar documentation that supports
'be maintained in lessee's accounting offices for future audit by lessor. Lessee shall maintain
r~lui~'e;d records for 6 years after they are'generated or, il'an ~ndit or investigation is underway,
until released of the obligation to maintain such records by lessor.
During existence of this lease, information obtained Under this section shall be closed to
inspection by the Public in accordance with the Freedom of Information Act (.5 U.S.C..532).
Sec. 6. Conducl 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 necessary by lessor to
accomplish the intent of this section. To the extent consistent with lease rights granted, such
measures may include, but are not limited to, modification to siting or des gu 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 rigfus-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 c~mp e.te minor inventories or shun term special
studies under guidelines provided by lessor. If in' the conduct of operations, threatened or
endangered species, objects of historic or scientific interest, or substantial unanticipated
environmental effects are observed, lessee shall immediately contact lessor. Lessee shall cease
any operations that would resull in the destruction of such species or objects.
Sec. 7. Mining operations--To the extent that impacls from mining operations would be
substantially different or greater than those associated with dorsal drilling operations, lessor
reserves the right to deny approval of such operations. ·
See. 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 studl include in any contract of sale of gas the provisions
of this section.
Sec. 9. Damages 1o property--Lessee shall pay lessor for damage to lessor's improvemeuts,
and shall save and bold lessor harmless from all claims roi' damage or harm to persons or properW
as a result of lease operations.
:,~'.i~i~)i"P;otection or diverse interests and equal opportunity--Les.see shall: pay when due all
tab, es legally assessed and cried under laws of the State or the United States; accord all employees
complete fr~_.d~n~f purchase; pay all wages at least tWice each month in lawful money of the
United States; mamtaina safe working chvironment'in accordance with sUmdard industry practices;
and take measures necessary to. p~'.ot~t.'the healt~ and safety of the public.
Lessor reserves the right to ensure that ~roduction is ~bld at reasonable prices and to prevent
monopoly. If lessee operates a pipeline, or owns controlling interest in a pipeline or a company
operating a pipeline, which may.be operated accessible tu oil derived from these leased lands,
lessee shall comply with section 28 of the I~meral' Leasifig A, et of 1920.
Lessee shall comply ~'/ith Ex~utive Order No. 11246 of September 24, 1963, as amended,
and regulations and rel~vi~i'~Jr~'e~-~ of'~S~rotarv of Labor issued pursuant thereto Neither
lessee nor lessec's subcontractors sh~lrn~i"fi'uli[~e~rel;at~ ~ta/:ai,,_ '
Sec. II. Transfer of lease interest~ a~eli/~l~i~h/n;~';"t of easL :X;"r ............
lessee shall file with lessor any ~assignmnnt or other transfer of an interest in this lease. Lessee
may relinquish this lease or any legal sulxlixis, jgn by rifling in the proper office a written
re nquishment, which shall be effective as Of the date of l'ding, subject lo 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 ~r portions of this lease are returned to lessor,
lessee shall place affecte~J Wells in condition for suspension ut abandonment, reclaim the land
as specified by lessor and, within a reasonable period of time, remove equipment nnd
' improvements not deemed .necessary- by lessor fut..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 wrinen notice thereof, this lease shall
be subject to cancellation unless or until the leasehold contains a well capable of production
droll or gas in paying qnamilies, 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 payiBg quantities. This provision shall nol be construed to prevent the exercise
by lessor of any other legal and equitable remedy, including waiver of the default. Any such
remedy or waiver shall not prevent later cancellation for the same defauh occurring al any other
time. Lessee'shall
be subject lo applicable provisions and penalties of FOGRMA (30 U.$.C. 1701).
Sec. 14. Heirs and successors-in-interest--Each obiigation of this lease shall extend to and be
binding UPOn, and evet.y benefit hereof shall innre to the heirs, eaecutors, administrators,
successors, beneficiaries, or assignees of the respective partie~ berelo.
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
0S:94795 L~..sz NOTICE NO. 1
Under Regulation 43 CFR 3101.1-2 ~d te~s of the Ieee ~LM Fo~ 3100-11). ~e authoriZed o~eer may require
reasonabl~ me.urns to minimize adwrs~ impa~ts to other resour~ values, land us~s, ~d users not ad~¢ased in
l~ase atipulations at ~e time operations ~e proposed. Such re~onable me.urns may include, but ~e not limited to,
modification of siting or d~sign of facilities, timing of operations, ~d specification of interim ~d final reclamation
me.urea, which may requir~ relocating proposed operations up to 200 meters, but not offthe leasehold, ~d
prohibiting su~ace dismrb~ce activities for up to 60 days. ~,
~e l~ds wi~in ~is le~e may include ~e~ not specifically addressed by Ieee stipulations ~at may contain
special values, may be needed for special pu~oses, or may require special aRenfion to prevent dmage to surface
ancot other resources. Possible special ~eas are identified below. ~y suff~e use or occup~cy wi~in such
special ~e~ will be s~ictly con,oiled or, if absolutely necess~, prohibited. Appropriate modifications to imposed
restrictions will be made for the maintenance ~d 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 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
WYW156
LEASE NOTICE NO. 2
!30
BACKGROUND:
The Bureau of Land Management CBLM), 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'mended through 1992 and the
National Trails System Act. Additionally, Executive Order 13195, "Trails for America in the 21" 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 ali impacts and intrusions to the National Historic Trails, their associated historic landscapes, and all
associated features, such as trail traces, grave sites, historic encampments, inscriptions, natural features frequently
commented on by emigrants.in journals, letters and diaries, or any other feature contributing to the historic
significance of the trails. Additional National Historic Trails will likely be designated amending the National Trails
System Act. When these amendments occur, this notice will apply to those newly designated National Historic
Trails as well. · '
STRATEGY:
The BLM will proceed in this objective by conducting a viewshed analysis on either side of the designated
centerline of the National Historic Trails in Wyoming, except, at this time, for the Nez Perce Trail, for the purpose of
identifying and evaluating potential impacts to the trails, their associated historic landscapes, and their associated
historic features. Subject to the viewshed analysis and archaeological inventory, reasonable mitigation measures
may be applied. These may include, but are not limited to, modification of siting or design of facilities to camouflage
or otherwise hide the proposed operations within the viewshed. Additionally, specification of interim and final
reclamation measures may require relocating the proposed operations within the leasehold. Surface disturbing
activities will be analyzed in accordance with the National Environmental Policy Act of 1969 (P.L. 91-190; 42 U.S.C.
4321-4347) as amended through P.L. 94-52, July 3, 1975 and P.L. 94-83, August 9, 1975, and the National Historic
Preservation Act, supra, to determine if any design, siting, timing, or reclamation requirements are necessary. This
strategy is necessary until the BLM determines that, based on the results of the completed viewshed analysis and
archaeological inventory, the existing land use plans (Resource Management Plans) have to be amended.
The use of 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 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
WYW, Z 56 586
131
TH/S STIPULATION APPLIES 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 hsting 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 detrimentaleffect 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 rehable 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 measuresmost 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.
132
WYW156586
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 tile 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.)
133
WYW156586
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.)
134
WYW156586
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.)
o s47 . WY W 156 5 86 3 s
ATTACHMENT TO EACH LEASE
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 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.