HomeMy WebLinkAbout908617rm 3100-11b
ctober 1992)
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
OFFER TO LEASE AND LEASE FOR OIL AND GAS -
SerialNo. I'~086 .~r')
WYW 162361
undersigned ( ....... ) offers to lease all or any of the lands in It, em 2 that areavailable for lease pursuant to thc Mineral Leas ng Act of 1920,'as a~and~ 'and supplemented (30 U.S.C. 181
~eq.). the Mineral Leasing A~t for Acqui.red Lands of 1947. as ~m~Oed (30 O.S.~.~ ~,51-359), me Auomey General's Opinion of An61 221941 ~40' Ql~'2'Atty. Gen."'41). fir the '-" ~ '"
"' ,' ' ; ' R.F-M} N~TRucTIONS BEFORE CoMpLETING
Name
This applicatiodoffer/l~e is for: (Check only One) ~ PUBLIC DOMAIN LAND~ ' ~ .ACQUIRED:LAND~.;(~rce~!.U.S m~ere~t _ _ '.. '
~g~ dcsc~ption of l~d r~ucst~:.-*. ,, :. ..~- ~ . .; _. '.:.'.*Parcel No.:-'~-,'
· SEE ~XEM ~ ~ iN~V~ONS nE~W PmOa ~o COM~L'ETiNa e~CEL S~nEa
T. R. Meridian State ''
..... ~ ~':.':-"'~'"" :,".~,s.'" ~, ..... RECEIVED 5~23~2005 at 11:28 AM
: .......... .:,~, . ...:".:" -.--~','.'::'":..."; ,.-:, .:-: RECEIVING# 908617
· BOOK: 585 FAGE: 863
, .... ,.~ LINCOLN COUNTY CLERK KEMMERER VV~
Amount remined: Filing fee $
Rental fcc $
Total acres applied for
Total $
DO NOT WRITE BELOW THIS LINE
Land included in lease:
T. 0190N R. l120W Meridian 06th statewy
,gee. 018 NESE,,gWSE;
County
Lincoln
Total acres in lease
Renufl retained $
~s lease'is issued granting thc exclusive right to drill for, mine, extract, remove and dispose of all the oil and gas (except heliurnJ in the lands described in Item 3 together with the right to build
I maintain necessary improvements thereupon for the term indicated below, subject to renewal or extensmn in accordance with the appropriate leasing authority. Rights granted are subject to
dicable laws. the terms, conditions, and attached stipulations of this lease, the Secretary of the Interior's regulations and formal orders in effect as of lease issuance, and to regulations and forma]
ers hereafter promulgated when not tnconsistent with lease rights gran.ted or specific 9rovisions of this lease. -,
rTE: This lease is issued to the high bidder pursuant to his/her duly executed bid or nomination form submitted under 43 CFR 3120 and is subject to the provl~iol~ of that bid or
nination and tho~e specified on this form.
x: and primary term of lease: TATES OF A~RIC - :~'~ ~
Noncompetitive lease (ten years) / _~4 ~.~'~1/ ~4~'lg~ ~~.4~,ggJ//A~
Competitive leoac (ten years) ~ i~h,,/t &tf,~.vx~]/e ~ ~j,~-i:~ P R 1 3 2005
(Title~
Other HAY 0 1 2005
(Date)
4. (a) Undersigned celtics that (1) offeror is a citizen of the United States; ,an association of such citizens; a municipality; or a corpomfion organized under thc laws of the United States or of any
State or Territory thereof; (2) all parties holding an interest in the offer arc in compliance with 43 CFR 3100 and the leasing authorities; (3) Offeroffs chargeable interests, direct and indirect, in each
public domain and acquired lands separately in the same State do not exceed 246,080 acres in oll ,md g~ leases (of which up to 200,000 acres may be in oll .arid
le~es in each leasing District in Alaska of which up to 200,000 acres may be in options, (4) offeror is not considered a minor under the laws of thc State in which the lands covered by this offer are
located; (5) offeror is in compliance with qnallflcetions concerning Federal coal lease holdings provided in sec. 2(aX2XA) of thc Mineral Le~i_ng ~Act; ~6) Offeror iS in .~9mpllance With rechunatlco
reqUlremeuts for all Federal oil md gas lease holdings as required by sec. 17(g) of thc Mineral Leasing Act; ,and (7) offeror is not in violation ~o~' gcc~ 4! o1[ the
(b) Undersigned agrees that signature to thfs offer constitutes acceptance of this lease, including all terms, condifiora and stlpulaficos of which offer6? b.a~ be~h'~i~,~n notice, and any amendment
or separate lease th~ may incfude any land described in this offer open to leasing at the time this offer w~ filed but omitted for any re~co from this lease. Th'c offeror furt~c agrq-es th~.t this offer
,c,,an,not ,be, w,~dra, w. n,.,ctthc, r.,m, who!c,or ,,n part, units ~e ,w,,~tl~drawal ....... ed by the proper Bm State Office before this 1 ...... ndrnent to this le,~e, 'or
rna~anocv'-.sonncommcv, qtharawtu, nasbcensigncooonenalrofthcUnitedStates. . .. ,~ ., c ~.',.
This offer will b~ rejected ~aad will ~q'ord offeror no priority if it is not properly completed ~md exe/:uted in ~ccord~nce with th& regulations, or'ff it is not ~ccomlmnied by the required
I~ym~ts. 18 U.S.C. Sec. 1OOl makes it a crime for may person knowingly m, td wUlfully to ~ni~e to may Department or ~gency of th~ United States may }'~se, fictitious or fraudulent st~ements
Duly executed this ' day of , 19 __
(Signature of Lesscc Or Attorney*hi-fact)
LEASE TERMS
Sec. 1. Rentals--Rentals shall be paid to proper office of lessor in advance of each lease year.
Annual rental rates per acre or fraction thereof arc:
(a) Noncompetitive lea~. $1.50 for the first 5 years; thereafter
(b) Competitive lease, $1.50; for the first 5 years; thereafter $2.00;
(c) Other, sec attachment, or
as specified in regulations at the time this lease is issued.
If this lease or a portion thereof is commined 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 prnduction, royalties shall be paid on the production allocated to this lea.se. However,
annual rentals shall continue to be due at the rate specified in (a), CoL 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
official 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.
Sec. 2. Royalties--Royalties shall be paid to proper office of lessor. Royalties shall be computed
in accordance with .regulations on production removed or sold. Royalty rates are:
(a) Noncompetitive lease,
Co) Competitive lease, 12~h%;
(c) Other, sec anachment; or
as specified in regulations at the time this lease is issued.
Lessor reserves thc right to specify whether royalty is to hc paid in value or in kind, and the
right to establish reasonable minimum values on products after giving lessee notice and an
opportunity to bc heard. When paid in value/royalties shall he due and payable on the last day
of thc month following the month in which production occurred. Whcn paid in kind, production
shall be delivered, unless otherwise agreed to by lessor, in memhantable condition on the prenn~s
where produced without cost to lessor. Lnssec shall not hc required to hold such production
in storage beyond the last ,day of the month following thc month in which production occurred,
nor shall lessee bc held liabli/for loss or destruction of royalty oil or other products in storage
from causes beyond thc reasonable control of lessee.
Minimum royalty in lieu of rental of not less than thc rental which otherwise would be required
for that lease year shall bc Payable at thc end of each lease year beginning on or after a discovery
in Paying quantities. This minimum roy'dry 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.
An interest charge shall Ix: assessed on late royalty payments or underpayments in accordance
with thc 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 duc 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.
,'gcc. 3. Bonds--A bond shall be filed and maintained for lease operations as required under
regulations.
Sec. 4. Diligence, rate of dcvelol:nnent, unitization, an~ drainage--Lessee shall exercise reasonable
diligence in developing and producing, and shall prevent i,nn~cessary damage to, loss of, or
waste of leased resources. Lessor reserves right to specify rates of development and production
in the public interest and to require !essee to subscribe to a cooperative or unit plan, within 30
days of notice, if deemed necessary for proper 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. 5. Documents, evidence, and inspection--Lessee shall ftc with proper office of lessor,
no~ 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 6f 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 repons with respect to parties in interest, expenditures, 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 fixtures thereon,
and all books, accounts, maps, and records relative to operations, surveys, or investigations
on or in the leased lands. Lessee shall maim,pin copies of all contracts, sales ag[cements, accounting
records, and documentation Such as ~illing~¢ invoices, or similar dpcumcn~ti09(~a
costs claimed as manufacturing, preparation, and/or tra~sportatinn costs. All such recto:ds shall
be maintained in lessee's accounting offices for future audit by lessor. Lessee shall maintain
required records frr6 years after they are generated or, if an audit 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 sh~i be ciosed to
inspection by the public in accordance with the Freedom of Information Act (5 U,S.C. 552).
Sec. 6. Conduct of operations--Lessee shall conduct operations in a manner that ~ 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 rcasonsble 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 limi~d to, modification to siting or design of facilities, timing
of operations, and specification of interim and final reclamation measures. Lessor reserves the
right to continue existing uses and to authorize future uses upon or in the leased lands, including
the approval of easements or fights-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 bc necessa~.
Areas to be disturbed may require inventories or special studies to determine the extent of impacts
to other resources. Lessee may bc required to complete minor inventories or short term special
studies under guidelines provided by lessor. If in the conduct of operations, threatened or
endangered species, objects of historic or scientific interest, or substantial unanticipated
environmental effects are observed, lessee shall hnmediately contact lessor. Lcssccs 'hall cease
any operations that would result in the destruction of such species or objects.
Sec. 7. Mining operations--To the extent that impacts from mining operations would be
substantially different or greater than those associated with normal drilling operations, lessor
reserves the right to deny approval of such operations.
Sec. 8. Extraction of helium--Lessor reserves the option of extracting or having extracted helium
from gas production in a manner specified and by means provided by lessor at no expense or
loss to lessee or owner of the gas. Lessee shall include in any contract of *sale of gas the provisions
of this section.
Sec. 9. Damages to property--Lessee shall pay lessor for damage to lessor's improvemeuts,
and shall save and hold lessor harmless from all clain/s for danm~c 6i- hafi~n to persons or property
as a result of lease operations.
Sec. 10. Protection of diverse interests and equal opportunity--Lessee shall: pay when duc all
taxes legally assessed and levied under laws of the State or the United States; accord all employees
complete freedom of purchase; pay all wages at least twice each month in lawful money of the
United States; maintain a safe working environment in accordance with start:lard indusa'y practices;
and take measures necessary to protect the health and safety of the public.
Lessor reserves the right to ensure that production is sold 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 to oil derived from these leased lands,
lessee shall comply with section 28 of the Mineral Leasing Act of 1920.
Lessee shall comply with Executive Order No. 11246 of September 24, 1965, as anaended,
and regulations and relevant orders of the Secretary of Labor issued pursuant thereto. Neither
lessee nor lessee's subcontractors shall maintain segregated facilities.
Sec. 1 I. Transfer of lease interests and relinquishment of lease--As required by regulations,
lessee shall £fle with lessor any assignment or other transfer of an interest in this lease. Lessee
may relinquish this lease or any legal sub4ivision by filing in the proper office a written
relinquishment, which shall be effective as of the date of fding, subject to 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 or potnions of this lease ~e 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 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 default occurring at any other
time. Lessee shall be subject to applicat~le provisions and penalties of FOG ~R~IA (30 U ,S.C. 1701).
Sec. 14. Heirs and successors-in-interest--Each c~bligaiion of this lease shall extend to and I~
binding upon, and every benefit hereof shat ~ m re, tq;:[he he,irs executor~ ,~administrators
suefiessors, beneficiaries, or assignees of the respective parties hereto·
I~ITED iTATi~.S.
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANA:GEMENT
COMPETITI_VE 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 B D IS FOR (Check one) .'
[~ Oil and Gas Parcel Number
[] Get}thermal Parcel Number
Name of Known Geothermal Resource Area (KGRA)
State
0 0 8 6 5
W YW l
FORM APPROVED
OMB NO. 1004-0074
Expires: May 31, 2000
AMOUNT OF BID
TOTAL BID
Date ofsale /
~See Instructions .'~elo~)
PAYMENT SUBMITTED
WITH BID
The appropriate regulations applicable to this bid are: (1) for oil and gas leases--43 CFR 3120; (2) for Nationa 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 THATI have read and am in compliance with, and not in violation of, the lessee qualification requirements under the applicable regulations
for this bid.
I CERTIFY THAT 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 ~'ype Name of Lessee
Address of Lessee
City State Zip Code
Signature of l~essee 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 Notice of Competitive Lease Sale.
2. Bid must b¢'accompan~_ d b~t the na3ional mini'mum acceptable bid
the first j~ir'd-i'ental arm th~-hdihini*stx~ati,~ fe~?Th~%mitta~n'ee must,t
be ir?the form specified in 43 CFR 3103.1-1.~ The remainder of the'
bonus bid, if any, must be submitted to the prbper BLM office within
10,/vorltin, g~da,~.~ .... ~ after ~hj:r ~ l?st da~ y of~ the ..-°ral auction. Failure to
submit the remainder 6f'the'bofius I~it within,10 w~Jrki,~g da~ys will/
result in rejection of the bid offer and forfei'tur~ of~all ~oni~i~ paid.
3. llTbidderis n~9.ot the~'sole party in interest in the lease for which the bid
/.~ ,5 ~' _ ~ ;5:': ,, . . - . .
is submdtedFall other paiefies tn ~nterest may be required to furnish
! evidence of their qualifications upon written request by the authorized
.' officer.
4. q'hisX~bid m~3~'be e~ecfi~[eck;(xig~d) before the oral auction. If signed
before the oral auction this ~t~hn cannot be modified without being
executed again.
5.*"~n ~(,iew&~of the 'i~bo-oe re~iremefi¢ (4), biddev'ynay wish to leave
~AMOI_YNT OF BID'~ectibn blanl~so'that hn~la0id 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
1. Separate bid for each parcel is required. Identify parcel by the
number assigned to a tract.
· 2. Bid must be accompanied by one-fifth of the total amount of bid The
xem'ittance 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 of
KGt~) or Bid for NPR-A l~ase, 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 t.iCe_Qxed for opening of bids.
".,-.~:i .... ,4 ~,, ./~
4. Mail or deliver bid tC.'x'h¢,proper BL~-7dffice or plac& indicated in the
/' ,?'/./ .~-) ; .~ ..¢ 5~~'. ~ '.1 ii/,,' / / i...::/
~' If bidder is not the ,ol~.'3a[ty i~Sfit~'}e' ~tJ,(the"lease for which bid is
// submitted, all other p&~es in interest may be required to furnish
/
/ evidence of their qualifications upon written request by the authorized
officer. 2 ~
Tide 18 U.S.C. Section 1001 and Tide 43 U2S.C. Section 1212 make it a crime for any person knowingly and willfully to m'o3re to any department or agency of the Un-i~e~
States any false, fictitious, or fraudulent statements or representations as to any matter within its jurisdiction.
(Continued on reverse)
.0086G
QUALIFICATIONS
. For leases that may be issued as a result of this sale under the Mineral
Leasing Act (The Act) of 1920, as amended; the oral bidder must: (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 o(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: (l) 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: (1) Be a citizen or national of the United States; an alien lawfully
admitted for permanent residence; a~'private, pu. blic 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 leasingauthorities 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 conuection 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: (1) 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-~s required prior to granting a .right in public lands or
resources. (4)(5) Information from the record and./or the 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 INFORMAT ON Disclosure of the
informa'tion is voluntary. If all tim information is not .provided, your bid
may be rejected.
The Paperwork Reduction Act of 19'95 (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, or 43 CFR 3220.,
This information will be used to determine the bidder submitting the highest bid.
Response to this request is requi.'red to obtain a benefit..
controlBLM woUldnumber.like you-to know.that you do not have to respond to this or any other Federal agency-sponsored information collection unless it displays a currently valid OMB
BURDEN HOURS STATEMENT
Public reporting burden for this form is estimated to average 2 hours per response including the time for reviewing instructions, gathering and maintaining dam, and
completing and reviewing the form. Dkect comments regarding the burden estimate or any other aspect of this form to U.S. Department of the Interior, Bureau of Land
Management, Bureau Clearance Officer (WO-630), 1620 L Street, Washington, D.C. 20036 and the Office of Management and Budget, Desk Officer for the Interior
Depamnent, Office of Regulatory Affaks (1004-007;4), Washington, D.C. 20503.
WYW16236~
c~08 G ~
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 Al J, PARCELS
LEASE NOTICE NO. 1
WYW162361
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 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 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.
TI-IlS NOTICE APPLIES TO ALL PARCELS
LEASE NOTICE NO. 2
BACKGROUND:
WYW16256t
The Bureau of Land Management (BLM), by including National Historic Trails within its National Landscape
Conservation System, has recognized these trails as national treasures. Our responsibility is to review our strategy
for management, protection, and preservation of these trails. The National Historic Trails in Wyoming, which
include the Oregon, California, Mormon Pioneer, and Pony Express Trails, as well as the Nez Perce Trail, were
designated by Congress through the National Trails System Act (P.L. 90-543; 16 U.S.C. 1241-1251) as amended
through P.L. 106-509 dated November 13, 2000. Protection of the National Historic Trails is normally considered
under the National Historic Preservation Act (P.L. 89-665; 16 U.S.C. 470 et seq.) as amended through 1992 and the
National Trails System Act. Additionally, Executive Order 13195, "Trails for America in the 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 all impacts and intrusions to the National Historic Trails, their associated historic landscapes, and all
associated features, such as trail traces, grave sites, historic encampments, inscriptions, natural features frequently
commented on by emigrants in journals, letters and diaries, or any other feature contributing to the historic
significance of the trails. Additional National Historic Trails will likely be designated amending the National Trails
System Act. When these amendments occur, this notice will apply to those newly designated National Historic
TraiLs as well.
STRATEGY:
The BLM will proceed in this objective by conducting a viewshed analysis on either side of,Jhe 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' 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.
TillS NOTICE APPLEES TO Al J, PARCELS
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WYW162361
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 pro,duction facilities.
(1) Nov 15 to Apr 30;
On the lauds 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.)
w'rw1623 6].
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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 MI.A, 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 quantifies
from each such lease, cannot qualify for the issuance of any other lease granted under the MLA,
Compliance by coal lessees w/th 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 act/on, 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.