HomeMy WebLinkAbout905385urrt=R TO LEASE AND LEASE FOR OIt. AND GAS
The undersigned (reverse) offers to lease all or any of the lands in Item 2 that are available for lea.~ pursuant to the Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181
et seq.), the Mineral I.~,asing Act for Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the ARomey General's Opinion of April 2, 1941 (40 Op. Atty. Gen. 41), or the
I. Name
Street
City, State, Zip Code
ZINKE & TRUMBO [NC
1202 E 33RD ST
TULSA, OK 74105
READ INSTRUCTIONS BEFORE COMPL~FING
Future rental payments must be made
on or before the anniversary date to:
Minerals Management Service
Royalty Management Program
P.O. Box 5640
Denver, CO 80217
2. This application/offer/lease is for: (Check only One) ~ PUBLIC DOMAIN LANDS E3 ACQUIRED LANDS (percent U.S. interest
Surface managing agency if other than BLM: Unit/Project
Legal description of land requested: *Parcel No.:. *Sale Dnta (m/d/y):__/_
*SEE ITEM 2 IN INSTRUCTIONS BELOW PRIOR TO COMPLETING PARCEL NUMBER AND SALE DATE.
T. R. Meridian State County
RECEIVED 12/20/2004 at 11:42 AM
RECEIVING # 905385
BOOK: 575 PAGE: 434
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Amount remitXed: Filing fee $
Rental fee $
DO NOT WRITE BELOW THIS LINE
Total acres Ii. lied for
Total $
3. Land included in lease:
T. 0200N
Sec. 012
ALL;
R. 1160W Meridian 0~th State WY County
Total acres in lease · ,
P.~ ~ s 960.00'
This lease is issued granting the exclusive right to drill for, mine, extract, remove and dispose of all the oil and gas (except helium) in the lands described in Item 3 ~ogetlgr v4th rig right to build
and maintain necessary improvements thereupon for the term indicated below, subject to renewal or extemion in accordance with the appropriam leasin~ authority. Rights ~ aro subject to
applicable laws, the terms, conditiom, and attached stipulations of this lease, the Secretary of the Interior's regulatiom and formal orders in effect aa of lease issuance, and to regulations and formal
orders hereaRer promulgated when not. inconsistent with lease rights granted or specific provisions of this lease.
NOTE: This lease is issued to ~ bigb bidder pursuant to his/her duly executed bid or nomination form submitted under 43 CFR 31~ and b subject to the provbions of tha~ bid or
nomtoaOon and tirade specified on this form.
Type and primary term of lense: T~D STATES O~ AMERICA ~ ',
[] Noncompetitive lease(tenyears) - -,:--..' Nnu 2 2 2004
Competitive lease (t~n years)
i.e, 0EC 0 1 '2004
(Dm)
[] Other EFFECTIVE DATE OF LEASE
(Continued on reverse)
FOR LESSEE
suodd~ leqi uop~uatun:x)p JIq!m!s JO '$a:)!O~Ul 's~U!ll!q se q~ns uo!leluomn~op pue 'spJo~oJ
~m3. unoooe 'smauaoJ~ sopn '~.nuoo l~JO r~.d~ .upnu~u IpNs aoss'~ .SlX~I poseaI ap m. JO uo
SUO!IIl~!ISOAU~ JO 'g,(oAJns 'SUO!IE.IOdO ol aA!lerloJ spJooaJ pue 'sdmu 'slunoooe 'r4oocI lie pue
'uooJap soJr~3xg pu~ '*(J .oup4mltu 'SlUOUJa,oJdu,~ 's[To,~ lie pue sosmJazd poseaI ap .jO~Ol jo JooLuo
PaZ!J. otpne ,(ue Xq uo!loodsu! JOj satu!.~ alq~uos~a~ lie le uado dooa IIeqs aosr~l 'pod!nba, uaq,~
JOSSal ol sa!do~ qs.m~Rj pue suoge~!lso^u! aoeJ3nsqns jo p JO:raj e pue '~lsm pae $,(oAJns [la,~ uo
uo.~mmojm. '~oI e 'plooa~ ~U!llUp ,(p. ep
uo!le!0oJdap pu~ 'soJm!puodxo '1so, alu! u! so!Lied ol l:radsaJ tp?/, ~lOdaJ pue 'sluama,GJdun
pu~ ~lJOm matUdola^ap 8u!~oqs su~J~e!p ~gm. uaq~ pue s~eld ap!AoJd
,(mu aossa,1 .1soI `(lq~p!o,eun ,o sasodmd uo!lonpoJd JOj posh lunotue pue 'mGUaJap spoaooJd
'fflos puc poAomoJ s~npo,d lffJo ~!pmb pue s~unou~ ~lu!~oqs ~uama~s pole. lap q .s!mnJ II--IS
aossoI 'aq.u:waKI *(mu ,ossoI ~ uuoj qons m. pue
motuaSu~.u~ Jaqlo jo a:)ua~Aa Jo l~e.~luoo *(ue 'jooJatp
'~ossal jo ao[Uo ,edo~d tp!~ opj iieq~ aassa'-~--uop:xadse! pu~ 'a~u~p!^o 's:uaumoo~ '~; ':~3
'Jossal *(q pou.mu:aop lunou~ u! o21eu!e,p ~oj ~ie,(o, ~me~uodcuo~ ,(ed ~o o~eu.nup moJj spueI
poseoI i:2moJd ol/dessaoou SilOS a:~npoJd pue I.IUP I[eqs aossa,'] 'spueI paslr~I aso~ 8u!o~qma
food ~o 'plou 'ea,e jo uo.~zodo pue luomdola~ap ~adoJd ,oj ~Jessa~ou pomaop j! 'ao.nou jo s,(ep
0~ u!tp!~ 'tmld 1.mn ,o a,.n~Jodooo · o~ aqp~sqns ol aossaI a,!nba~ ol pue lsoJmm. ~!lqnd ap u!
uo!10npo,d pu~ luomdola^ap jo sal~u ~j!:r~cl~ ol
Jo 'Jo ssoI 'ol a~muep ~J~Ssoaouun lua~.aJd IIeqs pu~ '~u!onpo~d pue ~m. dolo~op u! aoua~!p.p
alq~uoseaJ as~.:uoxa iTeqs aossa-l--o~etr~j, p ~ 'uopez~.nm 'lu~edolo&ap jo aleJ 'ao, o~!1!~ 't' ':~S
'suo~e11~aJ
Japun po.l!nboJ ~e suo!l~Jedo aSl~I Joj pau!elu!em pue popj aq
'X3!,oqlne ~u!seoI atp Jo ¥~lC)Od Japun ponss! uo!~el!0 Jo ',apJo 'uo!~eln~ 'apu .(ue tp!.~
,(ldtuoo ol aJnp. ej atp o~ anp ,o ' ,oleJado atp ~o Lied atp uo a:)ua~!l~aU ol anp s! a~se.v, JO ssoI q:ms
uaq,~ al!s asraI e moJ.l polse.~ JO 1soI se~ pu~ p.o uo s~uatu,(ed ~[e,(oJ Joj alqm. i aq lffqs aossa1
'(10LI '~)'S'~ 0£) (¥~['dOOd) [:861 Jo
a~uep,o~oe m sluam,(edJapun Jo sluaLu,(ed .~ie,(oJ aleI uo p~ssasse aq iieqs a~.nrq~ lsaJalm u¥
'pou.nsn[ as!,uapo
'sao, nosa~ pos~aI atp Jo ~Ja,o~o, aletu!qn ~salea,~ atp a~leJno~ua m ~.~ssa~ou s! uogoe q~ns ~tp
sau!u, uolap ~o,~oS atp.l! aseaI s!tp Jo suo!uod JO tie JOJ 'poonpo~ aq ,(mu so11~ ~.lie,(oJ aaoqe
atp pue 'po'anpo~ ,o 'popuodsns 'po~m~, aq ,(mu ~l[e,(o, mnurm,u S,LL 'samsumb ~m,(mJ m
Po~mb~ ~q plno~ ~?*JapO q~!q,~ l~UOJ oq~ m~u s~l lou Jo I~uoJ jo nO!l m. ~l~,(oJ umu~n., JN
'o'~1 JO [oJmo~ olq~uo~o~ oq~ puo`(oq ~neo mo.u
~Jol~ u! s~poJd JOtpo Jo U,o ~ff`(oJ jo -op~ml~op Jo ~soI ~oj olq~!l ploq oq oo~ioI li~l~ Jou
'po,,n~o uo!l~npoJd q~!q,~ u! tpuom otp
uo!l~npoJd 'pu.nI u! p!ed UOqA~ 'po.un~;~ uo!l~npo~d q~!q,~ u! tpuom ap ~u~,OilOJ q~o,,, oq~jo
'panss?
:%%ZI 'as~al a,.,.Uadtuo;:) (q)
:a~e saleJ ~1~,(o~] 'PlOS JO poAouJaJ uo!lanpoJd uo suo!lel~aJ tp!,~ a:)mq~o~o~ u!
polndtuoa aq ileqs Saple,(o~l 'Jossai jo aa~o
'aassa
~u!/*oqs ~ua!aujns e uodn ~elaj:r.~S atp ,(q popuadsns Jo 'paanpaJ 'pod!em acI ,(mu s~uaa '~eI
jo uo!le, edo ,(q aseaI s!tp alcu!uual ,(iieogemome l[eqs (pasop s! a~o j! ,(ep ~ .ur~Jo/~ I~!oLUO
~xau Jo) aseaI s!tp jo alep ,(J~sJa/quu~ atp aJojacI Jo uo 'anp j! 'l~UaJ [lmtme ,(ed ol aJnL~d
spu~I asotp Joj (~) Jo '(q) *(e) u! p~u!aads aim atp ~e anp aq o: anupuoa lletlS spnua~ pmuue
*Ja^a*~OH 'as~al ~ ol pmeOOll~ uopanpoJd ap uo .pled aq [!mis
Joj uo!s!,o:d · su!~uoa ueld ap pue 'saa~nosa: poseaI ~u!anpoJd jo alqed~ lla~ ~ sapnpu!
qa!q~ ueld ~!un Jo a^!leJodooa pa/~oJdd~ ue ol pann,mo~ s! joa.latp uo!Liod e ,o aseoI s!tp .Il
'ponss!
Jo 'luamqae~3e aas '~atpO (~)
:OOZ$ Jal.TL"aJoql :s.J~."o,( f ~s~g oql JoJ '*OS'IS '~'eal :aA!l!ledmoD (q)
:.l}Je JO~JOtp UO!1DIJJJ JO 3JDe J:ad s~eJ jll~u:~l jl~llll'u'",~t
'Jea,( aseoI q*~a jo a~ue~pe u! JOSSaI jo a:)!jjo JodoJd Ol p!ed aCl l[~qs Sl~UaH--sfflua~i *[ ':r'~S
(~u-m.-,(aumlv JO aoss~q jo oJmeu,~!S)
-- 61 ' jo ,(ep s!q3 poln:r3xa ,(ln~
· UO~l.~a,s!.m[ sll ulqll~ JallmUl ,(tm ol s~ saoll~ll]*asa, JdaJ Jo
~ laalnpne3j Jo mofll139 'asprj ,(Ira lapllg pah~lfl ~llJe ~.lua~ Jo luaml, aldaql ,(tm o1 aRanu o~ ,(llnJll~ pu~ *(l~Ul~CKnl uordad *(mi JOj aml~:) · ~l sa]lin' I001 ';~S ':)'S'~ $1 'sluam~ed
Ila-qabaJ aql ,(q I)a~md~ )ou s! l! J! Jo 'sm)lllqn~aJ aql ~ a;mlq)Jo;),xB u! paln:)axa plm palqdluo~ ,(ijodo.ld Iou si II J! .(ll. JO~. d ou JOJaUo p,.io.i~l mM ptm papaf, a~ aq riva Ja,~o .s~
'~lcns pa3~l ~ql jo jl,.."qaq uo p~u'~!s u:r'~q s~.tI 'iu.~eJpUl!.~ atp u? p"aq[J~s"ap ptmT ~1
JOJ~,o S.lt~l leLp SOOJ~U J::~'q'L~J Joa;~JJO :aL~ ';SL~O[ S!LJ] LUOJJ UOSL'OJ ,(t.~ JO] J:YO]I!II.IO lnq pOlt..J s~,,e, JOJJo s{tp ;~m[l 3L[1 ]U ~U[S~Z;{ O1 U;iCiO J.~JJo s[q] u[ p;q!Jomp p~[ ,(tm :apnto(Jt *(uu] reql *s'm,I =lu.,mdos .Jo
BU~,.~c,~xu Ol~ LAND MANACiEMEN 1
COMPETITIVE OIL AND GAS OR
GEOTHERMAL RESOURCES LEASE BID
30 U.S.C. 181 et seq.; 30 U.S.C. 351-359;
30 U.S.C. 1001-1025; 42 U.S.C, 6508
PARCEL NUMBER
THE BID IS FOR (Check one)
MOil and Gas Parcel Number
[] Geothermal Parcel Number
Name of Known Geothermal Resource Area (KGRA)
State
OMB NO. 1004-0074
Expires: May 31, 2000
IDate%f sale
/o - o,,./.-
AMOUNT OF BID (See Instructions below)
TOTAL BID
PAYMENT SUBMYUEED
WITH BID
The appropriate regulations applicable to this bid are: (1) for oil and gas leases~43 CFR 3120; (2) for National Petroleum Reserve-Alaska (NPR-A)
leases--43 CFR 3132; and (3) for Geothermal resources leases--43 CFR 3220. (See details concerning lease qualifications on reverse.)
I CERTIFY THAT I have read and am in compliance with, and not in vi~littion of, the lessee qualification requirements under the applicable regulations
for this bid.
I CERTIFY TH AT this bid is not in violation of 18 U.S.C. 1860 which prohibits unlawful combination or intimidation of bidders. I further certify that
this bid was arrived at independently and is tendered without collusion with any other bidder for the purpose of restricting competition.
IMPORTANT NOTICE: Execution of this form, where the offer is the high bid, constitutes a binding lease offer, including all applicable terms and
conditions. Failure to comply with the applicable laws and regulations under which this bid is made shall result in rejection of the bid and forfeiture of
all monies submitted.
P{int or Type Name of Lessee
Address of ~ssee
City Stat~
/Me__,
Zip Code
Signature of Lessee or Bidder
INSTRUCTIONS
INSTRUCTIONS FOR OIL AND GAS BID
(Except NPR-A)
1. Separate bid for each parcel is required. Identify parcel by the parcel
number assigned in the Noticb of Competitive Lease Sale.
2. Bid must be accompanied by the national minimum acceptable bid,
the first year's rental and the administrative fee. The remittance must
be in the form specified in 43 CFR 3103.1-1. The remainder of the
bonus bid, if any, must be submitted to the proper BLM office within
10 working days after the last day of the oral auction. Failure to
submit the remainder of the bonus bid within 10 working days will
result in rejection of the bid offer and forfeiture of all monies paid.
3. If bidder is not the sole party in interest in the lease for which the bid
is submitted, all other parties in interest may be required to furnish.
evidence of their qualifications upon written request by the authorize~~
officer.
4. This bid may be executed (signed) before the oral auction. If signed
before the oral auction, this form cannot be modified without being
executed again.
5. In view of the above requirement (4), bidder may wish to leave
AMOUNT OF BID section blank so that final bid amount may be
either completed by the bidder or the Bureau of Land Management
at the oral auction.
INSTRUCTIONS FOR GEOTHERMAL OR
NPR-A OIL AND GAS BID
i. Separate bid for each parcel is required. Identify parcel by the
number assigned to a tract.
Bid must be accompanied by one-fifth ol~the total amount of bid. The
remittance must be in the form specified in 43 CFR 3220.4 for a
Geothermal Resources bid and 3132.2 for a NPR-A lease bid.
Mark envelope Bid for Geothermal Resources Lease in (Name
KGRA) or Bid for NPR-A Lease, as appropriate. Be sure corredt
parcel number of tract on which bid is submitted and date of bid
opening are noted plainly on envelope. No bid may be modified or
withdrawn unless such modification or withdrawal is received prior
to time fixed for opening of bids.
4. Mail or deliver bid to the proper BLM office or place indicated in the
Notice of Competitive Lease Sale.
5. 'If bidder is not the sole party in interest in the lease for which bid is
submitted, all other parties in interest may be required to furnish
evidence of their qualifications upon written request by the authorized
officer.
Title 18 U.S.C. Section 1001 and Tide 43 U.S.C. Section 1212 make it a crime for any person knowingly and willfully to make to any deparlment or agency of the United
States any false, ficti6ous, or fraudulent statements or representations as to any matler within its jurisdiction.
(Continued on reverse) F~rll13000-2 (July ! 997)
OP'I'IOI'~L USE CO~Y
QUALIFICATIONS
For leases that may be issued as a result of this sale under tine Mineral
Leasing Act (The Act) of 1920, as amended, the oral bidder mu~t: (1)Be
a citizen of the United States; an association (including partnerships and
trusts) of such citizens; a municipality; or a corporation organized under
the laws of the United States or of any State or Territory thereof; (2) Be
in compliance with acreage limitation requirements wherein the bidder's
interests, direct and indirect, in oil and gas leases in the State identified
do not exceed 246,080 acres each in public domain or acquired lands
including acreage covered by this bid, of which not more than 200,000
acres are under options. If this bid is submitted for lands in Alaska, the
bidder's holdings in each of the Alaska leasing districts do not exceed
300,000 acres, of which no more than 200,000 acres are under options in
each district; (3) Be in compliance with Federal coal lease holdings as
provided in sec. 2(a)(2)(A) of the Act; (4) Be in compliance with
reclamation requirements for all Federal oil and gas holdings as
required by sec. 17 of the Act; (5) Not be in violation of sec. 41 of the Act;
and (6) Certify that all parties in interest in this bid are in compliance
with 43 CFR Groups 3000 and 3100 and the leasing authorities cited
herein.
For leases that may be issued as a result of this sale under the
Geothermal Steam Act of 1970, as amended, the bidder must: (I) Be a
citizen of the United States; an association of such citizens; a municipality;
or a corporation organized under the laws of the United States or of any
State or Territory thereof; and (2) Be in compliance with acreage
limitation requirements wherein the bidder's interests, direct and
indirect, do not exceed 51,200 acres; and (3) Certify that all parties in
interest in this bid are in compliance with 43 CFR Group 3200 and the
leasing authority cited herein.
For leases that may be issued as a result of this sale under the
Department of the Interior Appropriations Act of 1981, the bidder
must: (I) Bca citizen or national of thc United States; an alien lawfully
admitted for permanent residence; a private, public or municipal
corporation organized under the laws of the United States or of any
State or Territory thereof; an association of such citizens, nationals,
resident aliens or private, public or municipal corporations, and (2)
Certify that all parties in interest in this bid are in compliance with 43
CFR Part 3130 and the leasing authorities cited herein.
NOTICE
The Privacy Act of 1974 and the regulation in 43 CFR 2.48(d) provide
that you be furnished the following information in connection with
information required by this bid for a Competitive Oil and Gas or
Geothermal Resources Lease.
AUTHORITY: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 30 U.S.C.
1001-1025; 42 U.S.C. 6508
PRINCIPAL PURPOSE: The information is to be used tOprocess your
bid.
ROUTINE USES: (I) The adjudication of the bidder's right to the
resources for which this bid is made. (2) Documentation for public
information. (3) Transfer to appropriate Federal agencies when comment
or concurrence is required prior to granting a right in public lands or
resources. (4)(5) ln¥ormation from the record and/or thc record will be
transferred to appropriate Federal, State, local or foreign agencies,
when relevant to civil, criminal or regulatory investigations or prosecu-
tions.
EFFECT OF NOT PROVIDING INFORMATION: Disclosure of the
information is voluntary, if all the information is not provided, your bid
may be rejected.
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) requires us to inform you that:
This information is being collected in accordance with 43 CFR 3120, 43 CFR 3130. or43 CFR 3220..
This information will be used to determine the bidder submitting the highest bid.
Response to this request is required to obtain a benefit..
BI..M would like you to know that you do not have to respond to this or any other Federal ngency-spoosored information collection unless it displays a currently valid OMB
control number.
BURDEN HOURS STATEMENT
~an ...... =.____ ,-, ............ ~-_~, ::-~ ... ~ u,,,~ ,,, m, umw= aal~Ct ol mis torm [o u.~. Deparlmem o! ~e Interior Bm'eau of
D_~rt~;;;~,.,~.~_~_~,~,_ea~, .ce u.m~cer [..w~.-o_.~_._), .IOZU ~ 3treat, Washington, D.C. 2~6 and the Off, ce of Management and Bud et Desk Omc' La?d
~ ~ ,,,.,,tm;~ottu~ ma~ Arll g er for the lnteno'
g cry hits (luun4rd74), Washington D C 20503 '
.MULTIPL~ MINERAL DEVELOPMENT STIPULATION
Operations will not be approved which, in the opinion of the authorized officer, would unreasonably
interfere with the o.rderly development and/or production from a valid existmo mineral lease issued prior
to this one for the same lands.
THIS STIPULATION APPLIES TO ALL PARCELS
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 off the leasehold, and
prohibiting surface disturbance activities for up to 60 days.
The lands withifi this lease may include areas not specifically addressed by lease stipulations that may contain special
values, may be needed for special purposes, or may require special attention to prevent damage to surface and/or
other resources. Possible special areas are identified below. Any surface use or occupancy within such special areas
will be strictly controlled or, if absolutely necessary, prohibited. Appropriate modifications to imposed restrictions
will be made for the maintenance and operation of producing wells.
1. Slopes in excess of 25 percent.
2. Within 500 feet of surface water and/or riparian areas.
3. Construction with frozen material or during periods when the soil material is saturated or when watershed
damage is likely to occur.
4. Within 500 feet of Interstate highways and 200 feet of other existing rights,of-way (i.e., U.S. and State
highways, roads, railroads, pipelines, powerlines).
5. Within 1/4 mile of occupied dwellings.
6. Material sites.
GUIDANCE:
The intent of this notice is to inform interested parties (potential lessees, permittees, operators) that when one or
more of the above conditions exist, surface disturbing activities will be prohibited unless or until the permittee or the
designated representative and the surface management agency (SMA) arrive at an acceptable plan for mitigation of
anticipated impacts. This negotiation will occur prior to development and become a condition for approval when
authorizing the action.
Specific threshold criteria (e.g., 500 feet from water) have been established based upon 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.
TillS NOTICE APPLIES TO AI.I. PARCELS UNDER BLM JURISDICTION
BACKGROUND: ~.,,.
4 4 0
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, 'q'rails 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 amendmentsoccur, 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 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' designaied 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 UNDER BLM JURISDICTION
WYWI61903
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) Mar 1 to Jun 30;
On the lands described below:
(2) as mapped on the Kemmerer Field Office GIS database;
For the purpose of (reasons):
(3) protecting Sage Grouse 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.)
WYW16190~~
CONTROLLED SURFACE USE STIPULATION - CSU
Surface occupancy or use is subject to the following special operating constraints.
(1) Surface occupancy or use 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 Kemmerer Field Office GIS database;
For the purpose of:
(3) protecting Class I and II Visual Resource Management Areas.
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
', 04,13
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.