3. Minimum royalty. Section (7) (e) (1) of the lease form requires the payment of a minimum royalty for the sixth and each succeeding year which shall for the sixth and each succeeding year which shall for this tract be based upon the following production rate and oil shale grade: 4. Bidding procedures. The lease will be offered competitively through sealed bidding. A lease will be issued only to the qualified bidder submitting the highest amount per acre as a bonus for the privilege of leasing the lands. No specific form of bid is required but all bids must identify the lease sale and must show the total amount bid, the amount bid per acre, and the amount submitted with the bid. Oil and Gas Bid Form No. 3120-17 may be adapted for this purpose. No telephonic or telegraphic bids will be accepted, and no oil payment, overriding royalty, logarithmic, or sliding scale bid will be considered. Bids shall not be modified after they have been submitted. Bids must be for the full tract described in this Notice of Sale. Bids must be submitted in sealed envelopes plainly marked "Sealed Bid for Oil Shale Lease. Not to be opened before 10 a.m., local time on February 12, 1974." Bids may be mailed or delivered in person until 10 a.m., local time, February 12, 1974, to the State Director, Colorado State Office, Bureau of Land Management; Room 700, Colorado State Bank Building, 1600 Broadway, Denver, Colorado 80202. Bids received after that time will be returned unopened. Bidders are warned against violation of section 1860 in Title 18 U.S.C. prohibiting unlawful combination or intimidation of bidders. 5. Payment of bonus and advance rental. All bids must be accompanied by a certified check, cashier's check, bank draft, money order, or cash for one-fifth on the bonus bid payable to the Bureau of Land Management, which amount shall be returned to the bidder after the lease sale should he be an unsuccessful bidder. If the bidder, after being notified that his bid has been accepted and that he will be awarded a lease, fails to comply with the applicable regulations or the terms of this notice, or if he fails to execute the lease within 15 days after receiving the lease form, his deposit will be forfeited. Each bid must also be accompanied by a certified check, cashier's check, bank draft, money order, or cash for the first year's annual rental of $2,547.00. This amount shall be returned to all unsuccessful bidders after the lease sale. 6. Evidence of qualifications: Each bid must be accompanied by a statement over the bidder's signature or that of his authorized agent with respect to his qualifications. The statement shall contain the following information: (a) If the bidder is an individual, a statement as to whether native born or naturalized; if an association, it must submit a certified copy of the articles of association and a statement by its members as to their citizenship. If the bidder is a corporation, it must submit statements showing: (i) The State in which it is incorporated; (ii) that it is authorized to hold leases for oil shale deposits, and the names of the officers authorized to act in such matters in behalf of the corporation; (iii) the percentage of the corporate voting stock and of all the stock owned by aliens or those having addresses outside the United States; and (iv) the name, address, and citizenship of any stockholder owning or controlling 20 percent or more of the corporate stock of any class. If more than 10 percent of the stock is owned or controlled by or in behalf of aliens, or persons who have addresses outside the United States, the corporation must give their names and addresses, the amount and class of stock held by each, and to the extent known to the corporation or which reasonably can be ascertained by it, the facts as to the citizenship of each. The bid of a corporation also shall be accompanied by a copy either of the minutes of the meeting of the board of directors or of the by-laws indicating that the person signing the bid has authority to do so, or, in lieu of such a copy, a certificate by the Secretary of the corporation to that effect, over the corporate seal, or appropriate reference to the record of the Bureau of Land Management in connection with which such articles and authority have been furnished previously; and (b) The certification required by 41 CFR 60-1.7(b) and Executive Order No. 11375, on Form 1140-8 (November 1973) and Form 1140-7 (December 1971). 7. Bid opening. The bids will be opened at 10 a.m., local time, February 12, 1974, at the Colorado State Office, Bureau of Land Management. The opening of bids is for the purpose of publicly announcing and recording bids received and no bids will be accepted or rejected at that time. If the Department is prohibited for any reason from opening any bid before midnight, local time, February 12, 39-883-74-11 1974, that bid will be returned unopened to the bidder as soon thereafter as possible. 8. Acceptance or rejection of bids. No bid for this tract will be accepted and no lease for this tract will be awarded to any bidder unless the bidder has complied with all requirements of this Notice, his bid is the highest for the offered tract, and the amount of the bonus bid has been determined to be adequate by the United States. The Government reserves the right to reject any or all bids. Any cash, checks, drafts, or money orders submitted with the bid may be deposited in an unearned escrow account in the Treasury during the period the bids are being considered. Such a deposit does not constitute and shall not be construed as acceptance of any bids on behalf of the United States. 9. Preliminary development plan. Within forty-eight hours after being informed that his bid has been accepted and that lease will be issued to him, the successful bidder must transmit a preliminary development plan, in duplicate, to the Officer conducting the lease sale. This plan will be made public upon issuance of the lease, and, therefore, confidential information relative to the lessee's operations should not be included in the submission. Confidential information should be submitted in the same manner, but under separate cover. The submission or acceptance of these plans will not be binding on the lessee or lessor and will not authorize any action by the lessee, but the plan is required for the lessor's guidance in establishing initial supervision of the lessee's activities. The preliminary development plan should include the method of development, the proposed location of on and off-site facilities, the schedule for development, and monitoring programs to determine environmental criteria. 10. Further information. Information concerning this oil shale lease sale may be obtained from the Oil Shale Coordinator, Room 5623, Interior Building, Washington, D.C. 20240; the Deputy Oil Shale Coordinator, Building 56, Denver Federal Center, Denver, Colorado; the Chief, Division of Upland Minerals, Bureau of Land Management, Room 7146, Interior Building, 18th & C Streets, NW., Washington, D.C. 20240; and the State Director, Colorado State Office, Bureau of Land Management, Room 700, Colorado State Bank Building, 1600 Broadway, Denver, Colorado 80202. GEORGE L. TURCOTT, Associate Director, Bureau of Land Management. [FR Doc. 74-996 Filed 1-10-74; 8:45 am] U.S. DEPARTMENT OF THE INTERIOR, BUREAU OF LAND Management, OIL SHALE Section 2-Grant to Lessee LEASE OIL SHALE LEASE Section 3-Lessor's reserved interests in the Leased Lands Section 9-Bond Section 10-Development plan and diligence requirements Section 11-Protection of the environment; additional stipulations Section 12-Operations on the Leased Lands; Water Rights Section 13-Development by in situ method Section 14-Nuclear fracturing Section 15-Inspection and investigation Section 16-Reports, maps, etc. Section 17-Notice Section 18-Employment practices Section 19-Equal Opportunity Clause; certification of non-segregated facilities Section 20-Taxes Section 21-Monopoly and fair prices Section 22-Suspension of operations or production Section 25-Overriding royalties Section 26-Heirs and successors in interest Section 27-Unlawful interest Section 28-Relinquishment of lease Section 29-Remedies in case of default Section 30-Effect of waiver Section 31-Delivery of premises in case of forfeiture Section 32-Disposition of property upon termination of lease Section 33-Protection of proprietary information Section 34-Lessee's liability to the Lessor Section 35-Appeals Section 36-Interpretation of this lease OIL SHALE LEASE ENVIRONMENTAL STIPULATION Section 1-General (A) Applicability of Stipulations (B) Changes in Conditions (C) Collection of Environmental Data and Monitoring Program (D) Emergency Decisions (E) Environmental Briefing (F) Construction Standards (G) Housing and Welfare of Employees (H) Posting of Stipulations and Plans Section 2-Access and Service Plans (A) Transportation Corridor Plans (B) Regulation of Public Access (C) Existing and Planned Roads and Trails (E) Pipeline Construction Standards (F) Pipeline Safety Standards (G) Shut-off Valves (H) Pipeline Corrosion (I) Electric Transmission Facilities (J) Natural Barriers (K) Specifications for Fences and Cattleguards (M) Alternate Routes (N) Off-Road Vehicles Use Section 3-Fire Prevention and Control (A) Instructions of the Mining Supervisor Section 4-Fish and Wildlife (A) Management Plan (B) Mitigation of Damage (B) Big Game (D) Posting of Notices Section 5-Health and Safety (A) In General (B) Compliance with Federal Health and Safety Laws and Regulations (C) Use of Explosives Section 6-Historic and Scientific Values (A) Cultural Investigations (B) Objects of Historic or Scientific Interest Section 7-Oil and Hazardous Materials (A) Spill Contingency Plans (B) Responsibility (C) Reporting of Spills and Discharges (D) Storage and Handling (E) Pesticides and Herbicides Section S-Pollution-Air (A) Air Quality (B) Dust (C) Burning Section 9-Pollution-Water (A) Water Quality (B) Disturbance of Existing Waters (C) Control of Waste Waters (D) Cuts and Fills (E) Crossings (F) Road Surfacing Material Section 10-Pollution-Noise Section 11-Rehabilitation (A) In General (B) Management Plan (C) Stabilization of Disturbed Areas (D) Surface Disturbance on Site (E) Areas of Unstable Soils (E) Materials (G) Slopes of Cut and Fill Areas (H) Impoundments (I) Flood Plain (J) Land Reclamation (K) Overburden (L) Revegetation Section 12-Scenic Values (A) Scenic Considerations in General (B) Consideration of Aesthetic Values (C) Protection of Landscape (D) Signs Section 13-Vegetation (A) In General (B) Timber (C) Clearing and Stripping Section 14-Waste Disposal (A) Mine Waste (B) Other Disposal Areas (C) Disposal of Solid and Liquid Wastes (D) Impoundment of Water (E) Slurry Waste Disposal Oil Shale Lease In consideration of the mutual promises, terms and conditions contained herein, and the grant made hereby, this lease is entered into on March 18, 1974, to be effective on April 1, 1974, (hereinafter called the "Effective Date"), by the United States of America (hereinafter called the "Lessor"), acting through the Bureau of Land Management (hereinafter called the "Bureau"), of the Department of the Interior (hereinafter called the "Department"), and ATLANTIC RICHFIELD CO., Box 2679 T.A., 515 South Flower St., Los Angeles, California 90071, ASHLAND OIL, INC., 1409 Winchester Ave., Ashland, Kentucky 41101, SHELL OIL COMPANY, Box 2463, Houston, Texas 77001, and THE OIL SHALE CORPORATION, 10100 Santa Monica Blvd., Los Angeles, California 90061 (hereinafter called the "Lessee"), pursuant and subject to the terms and provisions of the Mineral Leasing Act of February 25, 1920 (41 Stat. 437) as amended (30 U.S.C. ss181-263) (hereinafter called the "Act"), and to the terms, conditions, and requirements (1) of all regulations promulgated by the Secretary of the Interior (hereinafter called the "Secretary") in existence upon the Effective Date, specifically including, but not limited to, the regulations in 30 CFR Part 231 and 43 CFR Part 23 and Group 3000, all of which are incorporated herein and, by reference, made a part hereof; and (2) of all regulations hereafter promulgated by the Secretary (except those inconsistent with any specific provisions of this lease other than regulations incorporated herein by reference), all of which shall be, upon their effective date, incorporated in and, by reference, made a part of this lease. As used in this lease: SECTION 1. DEFINITIONS (a) "Oil Shale" means a fine-grained sedimentary rock containing: (1) organic matter which was derived chiefly from aquatic organisms or waxy spores or pollen grains, which is only slightly soluble in ordinary petroleum solvents, and of which a large proportion is distillable into synthetic petroleum, and (2) inorganic matter which may contain other minerals. This term is applicable to any argillaceous, carbonate, or siliceous sedimentary rock which, through destructive distillation will yield synthetic petroleum. The products of Oil Shale include both shale oil and other minerals; (b) "Leased Lands" means: T. 3 S., R. 96 W., 6th P.M. Sec. 5: W2SE, SW Sec. 6: Lots 6 and 7, ESW, SE4 Sec. 7: Lots 1, 2, 3, and 4, E2W2, E1 Sec. 8: W2NE, NW, S2 Sec. 9: SW1⁄4 Sec. 16: NW, W1⁄2SW Sec. 17: All Sec. 18: Lots 1, 2, 3, and 4, E1⁄2W1⁄2, E1⁄2 T. 3 S., R. 97 W., 6th P.M. Sec. 1: S2 Sec. 2: SE1⁄4 Sec. 11: E2 Sec. 12: All Sec. 14: N2NE situated in the County of Rio Blanco, State of Colorado containing 5,093.90 acres, more or less; (c) "Leased Deposits" means all deposits of Oil Shale lying within or under the Leased Lands; (d) "Anniversary Date" means the anniversary of the Effective Date of this lease; however, if operations under this lease are suspended pursuant to section 39 of the Act (30 U.S.C. $209), the next Anniversary Date of this lease after the suspension shall follow the previous Anniversary Date by a period of time equal to the sum of one year and the period of suspension, and subsequent Anniversary Dates will be measured from that Anniversary Date; (e) "Lease Year" means the period of time between two successive Anniversary Dates of this lease; (f) "Ton" means a measure of weight of 2,000 pounds avoirdupolis; (g) "Mining Supervisor" means the appropriate mining supervisor of the United States Geological Survey (hereinafter called the "Geological Survey"), as defined in 30 CFR 231.2 (c); and (h) "Commercial Quantities" means quantities sufficient to provide a return after all variable costs of production have been met. SECTION 2. GRANT TO LESSEE The Lessee is hereby granted, subject to the terms of this lease, the exclusive right and privilege to prospect for, mine by underground or surface means and process by retorting or by in situ methods or otherwise, as he may reasonably choose and in accordance with approved plans, utilize, and dispose of all Leased Deposits together with the right to construct on the Leased Lands all such works, buildings, plants, structures, roads, powerlines, and additional facilities as may be necessary or reasonably convenient for the mining, processing, and preparation of products of the Leased Deposits for market and the housing and welfare of the Lessee's employees, agents, and |