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HomeMy WebLinkAbout905386· ,,,, 'cPi ~U LI~A~I= AND LEASE FOR UIL AND GAS The undersigned (reverse) offers to 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 I.~asing 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. Ally. Gen. 41), or the Name Street City, State, Zip Code ZINKE & TRUMBO [NC 1202 E 33RD ST TULSA, OK 74105 RF_.AD INSTRUCTIONS BEFORE COMPLETING Future rental pay~nents 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 [] ACQUIRED LANDS (percent U.S. interest Surface managing agency if other than BLM: Unit/Project Legal description of land requested: *Parcel No.: *Sale Date (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 11:44 AM RECEIVING # 905386 BOOK: 575 PAGE: 444 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Amount remitted: Filing fee $ Rental fee $ DO NOT WRITE BELOW TillS LINE Toad acres applied for Total $ 3. Land included in lease: T. 0210N Sec. 028 R. 1150W Meridian 06th State WY County NWNE,W2; Lincoln Total acres in lease 360.000 Rental retained S, 540.00 This lease is issued granting thc 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 together with the right to build ' and maintain necessary improvements thereupon for the term indicated below, subject to renewal or extension in accordance with the appropriate leasing authority. Rights gr~m_~ are subject to applicable laws, the terms, conditions, and attached stipulations of this lease, the Secretary of the Interior's regulations and formal orders in effect ns of lease issuance, smd to resulafions and formal :~rders hereafter promulgated when not. inconsistent with lease rights granted or specific provisions of this lease. NOTE: This lense is issued l~ the Idgh bidder pursuant to his/her duly executed bid or nomination forn~ubmitted under 43 CFR 3120 and is subject to the iwoviMem of that IMd or nomination smd these spedlled on this form. Type and primary term of lease: THI( U)q~ STATES OF AMERICA t om vel eCten -- .idM .O NrlV_-.._ 2 2 _7004 ide, DEC 01 2 Other EFFECTIVE DATE OF LEASE _ (Continued on reverse) FOR LESSEE BU ~z~xu' OF' LAND MANAGEMENT COMPETITIVE OIL AND GAS OR GE(~TH'ERMAL 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) [~ Oil and Gas Parcel Number [] Geothermal Parcel Number Name of Knowh Geothermal Resource Area (KGRA) State OMB NO. i00~-0~4 Expires: May 31, 2000 Date of sale AMOUNT OF BID (See Instructions below) TOTAL BID PAYMENT SUBMITTED 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 CERT1FY THAT I have read and am in compliance with, and not in violation of, the lessee qualification requirements under the applicable regulations for this bid. I CE RTI FY 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. ' Print or Type Name of Lessee t2oz B3 ST Address of LeSsee City State 7q-lo.5 Zip Code Signature of L~ss~ or Bidder INSTRUCTIONS INSTRUCTIONS FOR OIL AND GAS BID (Except NPR-A) 1. Separate bid for each parcel is required, ldentify parcel by the parcel number assigned in the Notice of Competitive Lease Sale. 2. Bid must be accompanied by the national minimum accePtable bid, the first year's rental and the administrative fee. Thc 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 authorized 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 t~ie oral auction. INSTRUCTIONS FOR GEOTHERMAL OR NPR-A OIL AND GAS BID Separate bid for each parcel is required. Identify parcel by the number assigned to a tract. Bid must be accompanied by one-fifth of 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. 3. Mark envelope Bid for Geothermal Resources Lease in (Name of KGRA) or Bid for NPR-A Lease, as appropriate. Be sure correct 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. ,~ deliver bi~! to the pro~per~4 office 6r place indicated in the }Vdtice of ComR~titive iLease'~Slffe. 5. Afl'er ,s not theAo~~~st ,n the lease for wh,ch bid ,s /. submitted, all oth~dpartics in ]fi'retest may bc required to furnish evidence of their qualifications upon written request by thc authorized officer. Title 18 U.S.C. Section 1001 and Tide 43 U.S.C. Section 1212 make it a crime for any pemon knowingly and willfully to make to any deparlment o~ agency of the United States any false, fictitious, or fraudulent statements o~ represemations as to any matter within its jurisdiction. (Continued on reverse) Fo~n 3000-2 (July 1997) OPTIONAL U,~. COPY QUALIFICATIONS For leases that may be issued as a result of this sale under tile Mineral Leasing Act (The Act) of 1920, as amended, the oral bidder mutt: ( I ) Be a citizen of the United States; an association (includingpartnerships 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) Be a 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 thc 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 to process 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) Information 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.) requites us to inform you that: This information is being collected in accordance with 43 CFR 3120, 43 CFR 3130, or 43 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.. BLM would lik~ you to know that you do not have to respond to this or my other Federal agency-sponsored information collection unless it displays a cm'rently valid OMB control number. BURDEN HOURS STATEMENT anagement. Bm'mu Cl~a~c¢ Officer ~'~)~"~6~S~S"t~~ ~.~n..?J.un~c°r. an,~Y ~°m_.~ ~L~l~c~t £l m%zp~ to U.S._De~?t o~e In.flor, B..u of ~nd ~ ...... ~- ~ ...... 1.__.%-2z' _ . -, ........ e~,,, .... ~ao ~u ~ Mince ~ Mamge~m ~ ~uaget, ~sk O~c~ for ~e Intefi~ 0448 .MULTIPLE ~M1NERAL DEVELOPMENT STIPULATION Operations will not be approved which, in the opinion of the authorized officer, would unreaso~lv interfere xvith the orderly development and/or production fi.om a valid exit/no mineral Ieee 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. THIS NOTICE APPLIES TO ALL PARCELS UNDER BLM JURISDICTION w j. o.t ' uu BACKGROUND: The Bureau of Land Management (BLM), by including National Historic Trails within its National Landscap? G 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 Ncz Pcrce Trail, were designated by Congress through the National Trails System Act (P.L. 90-543; 16 U.S.C. 1241-1251) as amended through P.L.'106-509 dated November 13, 2000. Protection of the National Historic Trails is normally considered under the National Historic Preservation Act (P.L. 89-665; 16 U.S.C. 470 et seq.) as amended through 1992 and the National Trails System ACt. Additionally, Executive Order 13195, "Trails for America in the 21st Century," signed January 18, 2001, states in Section 1: "Federal agencies wilL.protect, connect, promote, and assist trails of all types throughout the United States. This will be accomplished by: (b) Protecting the trail corridors associated with national scenic trails and the high priority potential sites and segments of national historic trails to thc degrees necessary to ensure that the values for which each trail was established remain intact." Therefore, thc 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 wilt 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 thc 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 predecisionai action, necessary until final decisions regarding surface disturbing restrictions are made. Final decisions regarding surface disturbing restrictions will take place with full public disclosure and public involvement over the next several years if BLM determines that it is necessary to amend existing land use plans. GUIDANCE: The intent of this notice is to inform interested parties (potential lessees, permittees, operators) that when any oil and gas lease contains remnants of National Historic Trails, or is located within the viewshed of a National Historic Trails' designated centerline, surface disturbing activities will require the lessee, permittee, operator or, their designated representative, and the surface management agency (SMA) to arrive at an acceptable plan for mitigation of anticipated impacts. This negotiation will occur prior to development and become a condition for approval when authorizing the action. THIS NOTICE APPLIES TO ALL PARCELS UNDER BLM JURISDICTION 0 )0588 5 WYWI61900 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 Field Office GIS database; 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.) WYW161900 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.) WYW161900 CONTROLLED SURFACE USE STIPULATION - CSU Surface occupancy or use is subject to the following special operating constraints. (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 Field Office GIS database; 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.) WYW161900 CONTROLLED SURFACE USE STIPULATION - CSU Surface occupancy or use is subject to the following special operating constraints. (1) Surface occupancy or use within 1/4 mile or visual horizon of the 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 Kemmerer Field Office GIS database; 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 &the stipulation, see BLM Manual 1624 and 3 I01 or FS Manual 1950 and 2820.) A TTA CHMENT TO EA CH 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.