HomeMy WebLinkAbout894796Form 3100-1lb .- ,r UNITED STATES '
{October 199Z.) DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
OFFER 'TO LEASE AND LEASE FOR OIL AND GAS
I S~rlal No.
WYW156583
The undersigned (reverJe) offers to ieasc all or an~, of the lands in Item 2 thal are available for lease pursuanl 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 amended (30 U,S.C. 351-359). the Attorney Gener.r. c~.;.~. ~r a..;[ ", m.~, .,n ~ ,,~ r ..... , .... ~
.' -READ INsTRUcTIONS BEFORE COMPL,E Future rental payments must be made
on or before the anniversary date to:
Name CONDOR EXPLORATION LLC
g,i;;i .......... : ....... "TM ~72'0-'E BEEEEVIEW f~B:l:02 ...............
ct,y, state, zip Co&ENGLEWOOD, CO 8011 t
This application/off6rllease is for: fCheck onh' One) ~{~.PuBLIc DOMAIN LANDS
Surface managi.ng agency if othei' than BLM: "'"
T. R. Mar ql an State
AmOUnt remit{6d; F~ling :fe~ '$'
Minerals Management Service
.................. Royalty Management Program
P.O. Box 5640
Denver. CO ~0217 ,.'
[] ACQUIRED LANDS (percent U.S. interest
for
3. Land included in lease:
0240N 1140W
See. 006 LOT8 10;:
7, ~ 0~7 SWSE;
018 LOT8 3~;
I ~ 019 LOTS 3-8;
029 I~V, S2SW,SWSE;
030 NE~ , . · ,-.'
DO NOT WRITE BELOW THIS LINE
Meridiae
06th
: Counl~
s~a,e WY ..... Lincoln
866.22
'. ' ' Total acres in lease '
· ' ' 'l~nta] reiained $ '.1300.50
This lease is issued granting the exclusive right io drill-for, mine; cxtra&t, r~mOve and dispose of all the oil and gas (except he/ibm) in the lands 'd~gcrihed in Item 3 iogether with the right to build
and maintain necessary Improvements thereqRon for the term indicated, below subjec o renewa or extension in accordance with the appropr a e'leas ng author oy Rights. gra. rited are subject to
applicable laws the tePm~. ~:~bnd t onff;, and:attached stipulations of th s ease. the Secretary Of the Interior's regulations and forma orders n effec as of ease ssuance, an~to~e~ations and formal
orders hereafter promulgated when .riot inconsistent with lease rights 'granted or spec tic provisions of this lease. :,- f: ...... ........
NOTE.: This lease Is Issued to the high bidder pursuant to his/her duly execuled bid or nomination form submllted un~ler 43 C~i~. 3_120 and. Is"subJeet to the provisions of that bid or
nmninntion nnd thos~ spe~lp~d'6i; li~is form.
· .... ..~. ... ~ ~:'~--,-:. ..., .. ,<~,? ,,~-?.:-:......~,_, ~ .
Type and primai-y term of ,eas~: . . T-. ; . . ~.~TATES/~,ME~ .- .~:... ;;,.. ..
[] Noncompetitive lease (ten years) ]
: OCT 1 5 2003
[] Other ../ ~.Ti',,e, :NOV 0 1 2003{Da'e~
EFFECTIVE DATE OF, LEASE
.....
fContiNutd on reverse) ' .'
.~tate o~' lerntory l~ereof; (2) nil ~ ~ ho dln~ no nter~t in lh~ n~r *~ '. I ................ ~ ~ ' · ~ ~t~ or Ot any
~ ...... ~ ~ ~, ............ ~. comp,mnce w m ~.~ %t,:~K ~ and ~e ~mg authoHti~' (3) offerogs chasuble int~.~ d;~ct and
' ' - ' - . ......... o .~era, eom mase ~ o ngs p~v,oeo m s~. ~a~2~A) o[;t~ Min~al ~slnR ~ (6} offeror is in eomplla.~ with reelamatJ~
r~ ..... ~ f~ all F~eral oil md ge~ I~ holdings as required by s~ 17(g) of me Mi .... I ~ing Act' and (~ offe~ is n~ in vlolaOen of s~;~4~ Ac~~ ' : ;~ ' "'
~) U~e~igned ag~ ~at slgma~re to ~is offer comtlt~ a~eptm~ of ~is I~se, inel~ing all te~, ~ndifiom md stlp~ati~s of which off. or ~ ~n given n~ie~ a~ any amen~ent
or s~te Ieee ~at may i~lude any I~d described in this offer o~n to ~ing at the time ~is offer w~ fil~ but 0roi.ed f~ ~y ~o. from thi~ i~e ~e offeror ruder a
__. ' . , ' , r' . ~ ,~, ~ Dy ,~:~ pm~r ~v~ orate OUl~ oetore ~s le~e, afl,amendment to this I~e ~ a se ~tc I~ whlc~vcr' v
t~ ~and ~cnb~ m ~e w]~drawal, ~ been ~ign~ ~ behalf of t~ Unlt~ S~at~ ...... :;. , ~ ,~% .
~ ~s offer ~11 ~ rej~t~ md Will afford offeror no pHo~ty if it is not pro.fly complet~ ~d ex~ut~ in accor~ce ~th the r~uintlons, or Ir It ~ no'.~c~ by the requ~
~Ymen~. 1~ ~.$.C. ~. !~! mak~ il a ~e f~ any ~mn kno~y md ~ll~ly to m~e to ~y m~ment ~ ~ency oft~'
Sec. 1. Rent~ls--Rentals shall 'be paid to:pi'~per ~;rnce of ~essor in advanc(~f each lease year.
A.nnual, r~ntal ra!es per acre or fraction thereof are:
(a) Noncompetitive lease. $I.50 for the first 5 years; thereafter $2.00;
(b) Competitive lease, $1..50; for the first .5 years; t lereafter $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 committed 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 PUd on the production allocated to this lease. However.
annual rentals shall continue tu be. due at the rate specified in (a), (b). or (c) for those lands
not within a participating area. -
Failure to pay annual 'r~nt~l, if due, on or before the anniversary date of this lease (or next
official working day if office is closed) shat automatically terminate this lease by operation of
law. Rentals may be waived, reduced, or suspended by the Secretary upon a sufficient showing
Sec. 2. Royalties--Royalties shali b~ Paid:to proper office of lessor. Royalties shall be computed
in accordance with regulatinng.on produ~:tion removed or sold: Royalty rates are:
(a) Noncompetitive lease, 12~.4%;
(b) Competitive lease,
(e) Other, see attachment; or
a~ 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 iessee 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 lS¢~r~i,~.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 whicb production occurred,
nor shall lessee be held liable for loss or destruction of royally 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 oth~i~ ~ d be ~:~qu i'ed
for thai lease year shall be payable at the end of each lease year beginning o~ ~r'~ft~l· ~ dis~:oYery
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 leased resources.
or is otherwise justified.
costs claimed as ~anufacmring, prep~'ati0n, and/or trah~portation costs. All such records shall
~ main~ip~ ~n le~'s accounting offices for ~mre audit by I~sor. ~ sh~l maintain
requiredr~oMs for 6 y~n after ~y a~ geoerat~ or, if an audit or investigation is unde~ay,
until rel~s~ of the obligation to malaria such r~ords by lessor·
During existe~e of ~is I~, info.alton obtained u~er ~is ~tion sh~l ~ cl~ tu
ins~tion by t~ public in accor~nce wi~ ~e Fr~om of Info.alton Act (3 U.S.C. 3~2).
~. 6. C~uct of ~mfi~s--~ s~l ~Muct ~fiom ~ a ~r Mt ~mm
impac~ to ~ la~. air, a~ water, to cul~ral, biologicS, visu~, a~ o~er r~rc~, and to
o~er la~ us~ or u~rs. ~ s~l ~ke r~sonable m~ures d~m~ ~ by lessor tu
accomplish ~ intent of ~is ~fion. To ~e extent co~istent wi~ 1~ figh~ gr~l~, such
m~ur~ ~y i~hide. ~t ~e ~{ li~t~ tu, m~ifi~fion to siting or d~igu of facflifi~, t~ng
of o~rations, a~ s~cifi~tion of interim a~ finM r~l~ation m~sures. ~r
right to continue existing u~ and to au~o~e ~re uses u~n or in ~ I~ lands, i~luding
· e approvM of ~men~ or fighB~f-way. Such u~s sh~l ~ co~itio~d so ns lo prevent
unneees~ or unr~onable intederence wi~ figh~ of les~.
Prior to dis~rfung t~ su~ace of ~e I~s~ I~s, I~e sh~l con.ct lessor tO
of pr~ur~ to ~ fullow~ ~ m~ifications or r~l~tion m~ures ~at may ~ n~.
Ar~s lo ~ dism~ may ~Re Mventod~ or s~iM smdi~ to de~ ~e ex.at of ~c~
iD o~er r~ources. ~ may ~ requi~ t~ c~plete minor inventories or short te~ s~iM
studies udder guidelin~ provid~ b~ I~sor~ If in ~ coquet of o~rations, ~r~ten~ or
en~nger~ s~ies, obj~ of historic or ~ientific inter.t, or subs~nti~ u~tici~[~
enviro~en~ effects are obsesS, I~ sh~l i~iately con.ct I~sor. ~s~ shM] c~
any o~ratinns ~at would ~sult in ~e dest~ctinn of such s~ies or objex.
S~. 7. Mining o~mtions--To ~ eatenL ~t~mpac~om mining ~rations would
subs~ntially different or g~ter ~an ~ ass~iat~'wi~ no~ d~ling o~rations, lessor
rese~es'~e right lo deny appsovM of such o~rations. '
S~. 8: Extraction of ~lium-~sor r~ ~e option of extractMg or ~ving ex~c~ helium
from gas pr~uction in a ~nncr s~ifi~ a~ by m~ns provid~ by I~r at no ex.nsc or
loss to less~ or ow~r of ~ g~. ~ s~l i~lnde in ~y con.ct of ~e of g~ ~ provisio~
of ~is section.
Sec. 9. Damages to pr0~--~ssee'sh~l pay lessor fo~ ~age tu lessor's ~p~vemeo~,
and shMI ~ve a~ ~ld I~r ha~l~ flora ~l ~1~S for d~ge or ~ to ~rsons or pro~
as a result of I~se o~rati~ns.F ' :.' ~. , ' ~
S~. 10. Prol~tion of~iyerse inte~sts and ~ual op~ni~--~ss~ sh~l: pay when due
rexes Icg~ly ~ ~1~ u~ laws of ~ S~Ie or ~e U~ S~m; ac~M ~
c~plete fr~om of pureba~; ~9'~i wage~ at I~l ~i~;~ch mon~ in law~l money of
Unit~ Sm~; ~-~P[e wor~g eovimn~nt ~ ,~ar~e wi~ s~ ~
a~ ~e ~su~i~ ~o profit' $~ h~ a~ ~fe~ of ~ ~blic.
An interest charge shall be assessed on late royalty payments or Underpayments in accordance Lessor reserves the right to ens~irc ~t pr0ddctio'n i~'g'~lifat reasonable prices and to prevent
with the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) (30 U.S.C. 1701).
Lessee shall be Jab e for royalty payments on oil and oas lost or',-~asted rmm - I.ooo ', ~, monopoly. If lessee operates a pipelip.,e; ~Ji' 0whs contro}l~l~ 'interest in a pipeline or a company
....... - _ o ?, ~' y ...... ~ s ,e Wp,.e;?.... ..... operating a pipeline which ma be o ~a~e~l ai~cessible to oLl derived
sucn ~nss or waste s nun to neg gence on ~e Dart of the onerator or dn~ ~ dg.;~'=ii.~', i~ ~..~mc;t., ' 'x,'. , Y pe from these leased ands,
....... fi ·- ' ~ .... 7~"~.'?,' ........... P'?~o ' ~ lessee shat comply with section 28 of the Mineral Lensin
w]m any rule. regmat~on, order, or citation issued under FOG, RMA't~f' tile 'leasing authority. '. g Act of 1920.
Lessee shall comply with Executive Order No. 11246 of September 24, 1963. ns amended,
Sec. 3. Bonds--A bond shall be t'ded and maintained rot lease operations as required under
regulations.
Sec. 4. Diligence, rate of development, unitization, and drainage--Les.see shall exercise reasonable
diligence in de~,eioping ahd pmduc'ing, ~iid ~liall I~revent unneces~l~ damage to; 10s~ 0f, or.
waste of leased resources;, Lessor reserves right to specify rains of development and production
in the public interest and.to require lessee to subscribe to a cooperative or unit plan w th n 30
days 0f .0ti~'e,'ifdeemed necessary f0fproljei-,devclopmem and operation of area field or P°°l
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. 3. Documents ewdenc~:; and inspoction--Lessee shall file with proper office p.f lesso~',
not later than 30 days after effect ye date thereof, any contract or evidence of other arrangement
[r ,.sa?or disposal of production. At such times and in such fo ,1'~ as lessor may prescribe, lessee
s all furnish detailed statements showing amounts and quality o~'all products removed and sold,
proceeds therefrom, and amount used for production purposes or unavoidably lost. Lessee may
be required to provide plats and schematic diagrams Showing development work and
improvements, and reports with respect Io parties in interest, expenditures, and depreciation
costs. In the form prescribed by lessor, lessee shall keep a daily drilling record, a log, inforTnation
on well surveys and tests, and a record of subsurface investigations and furnish copies to lessor
when required. Lessee sba keep open stall reasonable times for inspection by any authorized
officer of lessor, the leased premises and all wells, improvements, machinery, and fixtures thereon.
and all books, accounts, maps, and records relative to operations, surveys, or investigatlons
on or n the leased lands. Lessee shall malaria cop es of all contracts, sales agreements, accounting
records, and documenta!i~n such as billings..invoices, or similar documentation that gupports
and regulations and relevant orders of the Secretary of Labor issued pursuant thereto. Neither
lessee nor Inssee's subcontractors shall maintain segregated facilities.
Sec. 1 I. Transfer of lease inter~l~ and relinquishment of lease--As required by regulations,
lessee shall file with lessor any assignment or other transfer of an interest in this lease. Lessee
may relinquish this lease or any legal subdivision by filing in the proper office a written
relinquishment, which sha~l be effective as of the date of rding, subject tu the continued obligation
of the lessee and surety tu pay all accrued rentals and royalties.
Sec. 12. Delivery of premises--Al such tim-' as aLI or portions of Otis 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, 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 unless or until the leasehold contains a well capable of production
of oil 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 not be constnged to prevent the exercise
by lessor of any other legal and equitable remedy, including waiver of the default. Any such
remedy or waiver sh~l not, prevent later cancellation for the same default occurring at any other
time. Lessee shall be subjectlto appli~6ie ijro{,isirns and peha~fi~S:of FOGRMA (30 U,S.C. 1701 ).
Sex:. 14. Heirs and successors-in-interest--Each obligation of this lease shall extend Io and be
,binding upon, and every benefit hereof shall inore to the heirs, executors, administrators,
: guccessors, beneficiaries, or assignees of the respective parties herein.
i38
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 6ne for the same:lands~. ,
THIS STIPULATION APPLIES TO ALL PARCELS
t39
Under Regulation 43 CFR 310 l. 1-2 and terms of the lease (BLM Form 3100-l 1 ), 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 permittec 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
LEASE NOTICE NO, 2
11 ¥ 11 I_ 5 6 5
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. 124 I-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 2 l't 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
comme~nted 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 feature, s. Subject to the viewshed analysis and archaeological inventory, reasonable mitigation measures
may be applied. These may include, but are not limited to, modification of siting or design of facilities to camouflage
or otherwise hide the proposed operations within the viewshed. Additionally, specification of interim and final
reclamation measures may require relocating the proposed operations within the leasehold. Surface disturbing
activities will be analyzed in accordance with the National Environmental Policy Act of 1969 (P.L. 91-190; 42 U.S.C.
4321-4347) as amended through P.L. 94-52, July 3, 1975 and P.L. 94-83, August 9, 1975, and the National Historic
Preservation Act, supra, to determine if any design, siting, timing, or reclamation requirements are necessary. This
strategy is necessary until the BLM determines that, based on the results of the completed viewshed analysis and
archaeological inventory, the existing land use plans (Resource Management Plans) have to be amended.
The use of this lease notice is a predecisional action, necessary until final decisions regarding surface disturbing.
restrictions are made. Final decisions regarding surface disturbing restrictions will take place with full public
disclosure and public involvement over the next several years ifBLM determines that it is necessary to amend
existing land use plans, '"
GUIDANCE:
The intent of this notice is to inform interested parties (potential lessees, permittees, operators) that when any oil
and gas lease contains remnants of National Historic Trails, or is located within the viewshed ora National Historic
Trails' designated centerline, surface disturbing activities will require the lessee, permittee, operator or, their
designated representative, and the surface management agency (SMA) to arrive at an acceptable plan for mitigation
of anticipated impacts. This negotiation will occur prior to development and become a condition for approval when
authorizing the action.
THIS NOTICE APPLIES TO ALL PARCELS
WYWI56583
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 Kemm~rer RMP stipulations overlay and the Pinedale RMP Oil & Gas Lease Stipulation
Overlay #1;
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.)
TIMING LIMITATION STIPULATIONS - TLS
WYWI56583
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 tim lands described below:
(2) as mapped on the Kemmerer RMP stipulations overlay;
For the purpose of (reasons):
(3) protecting Sage Grouse and 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.)
CONTROLLED SURFA CE USE STIPULATION - CSU
WYW156583
Surface occupancy or use is subject to the following special operating contraints.
(1) Surface occupancy or use from Feb 1 through Jul 31 within a radius of up to I mile of occupied or active
raptor nest sites-will 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 Pinedale RMP Oil & Gas Lease Stipulation Overlay #2, or as determined by a pre-
disturbance raptor survey;
For the purpose of:
(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.)
.44
WYWI56583
CONTROLLED SURFACE USE STIPULATION - CSU
Surface occupancy or use is subject to the following special operating contraints.
(1) Surface occupancy or use within the Miller Mountain winter big game closure area will be restricted or
prohibited from Nov 15 through Apr 30 unless the operator and surface managing agency arrive at an
acceptable plan for mitigation of anticipated impacts. This may include development, operations, and
maintenance of facilities;
On the lands described below:
(2) entire lease;
For tim purpose of:
(3) protecting big game crucial winter range for multiple species.
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.)
I45
WYW156583
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.) '
. .46
WYWI56583
CONTROLLED SURFACE USE STIPULATION - CSU
Surface occupancy or use is subject to the following special operating contraints.
(1) Surface occupancy or use within crucial I~ig 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.)
THIS STIPULATION APPLIES TO Al 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 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,
alterationof 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 a'ctivities. 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.
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.