[Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16901]
[[Page Unknown]]
[Federal Register: July 13, 1994]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Outer Continental Shelf, Western Gulf of Mexico, Gas and Oil
Lease Sale 150
AGENCY: Minerals Management Service, Interior.
ACTION: Notice of sale.
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1. Authority. This Notice is published pursuant to the Outer
Continental Shelf (OCS) Lands Act (43 U.S.C. 1331-1356, (1988)), and
the regulations issued thereunder (30 CFR Part 256).
2. Filing of Bids. Sealed bids will be received by the Regional
Director (RD), Gulf of Mexico Region, Minerals Management Service
(MMS), 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394.
Bids may be delivered in person to that address during normal business
hours (8 a.m. to 4 p.m. Central Standard Time (c.s.t.)) until the bid
submission deadline at 10 a.m., Tuesday, August 16, 1994. Hereinafter,
all times cited in this Notice refer to c.s.t. unless otherwise stated.
Bids will not be accepted the day of bid opening, Wednesday, August 17,
1994. Bids received by the RD later than the time and date specified
above will be returned unopened to the bidders. Bids may not be
modified or withdrawn unless written modification or written withdrawal
request is received by the RD prior to 10 a.m., Tuesday, August 16,
1994. Bid opening time will be 9 a.m., Wednesday, August 17, 1994, at
the Sheraton Hotel, 500 Canal Street, New Orleans, Louisiana. All bids
must be submitted and will be considered in accordance with applicable
regulations including 30 CFR Part 256. The list of restricted joint
bidders which applies to this sale appeared in the Federal Register at
59 FR 14425, published March 28, 1994.
3. Method of Bidding. A separate signed bid in a sealed envelope
labeled ``Sealed Bid for Gas and Oil Lease Sale 150, not to be opened
until 9 a.m., c.s.t., Wednesday, August 17, 1994,'' must be submitted
for each block bid upon. The sealed envelope and the bid should contain
the following information: the company name, qualification number, area
number and/or name (abbreviations acceptable), and the block number of
the block bid upon. In addition, the total amount bid must be in whole
dollar amounts.
Bidders must submit with each bid one-fifth of the cash bonus, in
cash or by cashier's check, bank draft, or certified check, payable to
the order of the U.S. Department of the Interior--Minerals Management
Service. For identification purposes, the company name and company
qualification number should also appear on the check or draft together
with the bid block identification (abbreviations acceptable). No bid
for less than all of the unleased portions of a block will be
considered.
All documents must be executed in conformance with signatory
authorizations on file in the Gulf of Mexico regional office.
Partnerships also need to submit or have on file a list of signatories
authorized to bind the partnership. Bidders submitting joint bids must
state on the bid form the proportionate interest of each participating
bidder, in percent to a maximum of five decimal places, e.g., 33.33333
percent. Other documents may be required of bidders under 30 CFR
256.46. Bidders are warned against violation of 18 U.S.C. 1860
prohibiting unlawful combination or intimidation of bidders.
4. Bidding, Yearly Rental, and Royalty Systems. The following
bidding, yearly rental, and royalty systems apply to this sale:
(a) Bidding Systems. All bids submitted at this sale must provide
for a cash bonus in the amount of $25 or more per acre or fraction
thereof.
(b) Yearly Rental. All leases awarded will provide for a yearly
rental payment of $5 per acre or fraction thereof.
(c) Royalty Systems. All leases will provide for a minimum royalty
of $5 per acre or fraction thereof. The following royalty systems will
be used in this sale:
(1) Leases With a 12\1/2\-Percent Royalty. This royalty rate
applies to blocks in water depths of 400 meters or greater as shown on
the Stipulations, Lease Terms, and Bidding Systems map (see paragraph
13(a)). Leases issued on the blocks offered in this area will have a
fixed royalty rate of 12\1/2\ percent.
(2) Leases With a 16 \2/3\-Percent Royalty. This royalty rate
applies to blocks in water depths of less than 400 meters (see
aforementioned map). Leases issued on blocks offered in this area will
have a fixed royalty rate of 16 \2/3\ percent.
5. Equal Opportunity. The certification required by 41 CFR 60-
1.7(b) and Executive Order No. 11246 of September 24, 1965, as amended
by Executive Order No. 11375 of October 13, 1967, on the Compliance
Report Certification Form, Form MMS-2033 (June 1985), and the
Affirmative Action Representation Form, Form MMS-2032 (June 1985), must
be on file in the Gulf of Mexico regional office prior to lease award
(see paragraph 14(e)).
6. Bid Opening. Bid opening will begin at the bid opening time
stated in paragraph 2. The opening of the bids is for the sole purpose
of publicly announcing 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 on the day of bid opening, that
bid will be returned unopened to the bidder as soon thereafter as
possible.
7. Deposit Of Payment. Any cash, cashier's checks, certified
checks, or bank drafts submitted with a bid may be deposited by the
Government in an interest-bearing account in the U.S. Treasury during
the period the bids are being considered. Such a deposit does not
constitute and shall not be construed as acceptance of any bid on
behalf of the United States.
8. Withdrawal Of Blocks. The United States reserves the right to
withdraw any block from this sale prior to issuance of a written
acceptance of a bid for the block.
9. Acceptance, Rejection, Or Return Of Bids. The United States
reserves the right to reject any and all bids. In any case, no bid may
be accepted, and no lease for any block will be awarded to any bidder,
unless:
(a) the bidder has complied with all requirements of this Notice
and applicable regulations;
(b) the bid is the highest valid bid; and
(c) the amount of the bid has been determined to be adequate by the
authorized officer.
No bonus bid will be considered for acceptance unless it provides
for a cash bonus in the amount of $25 or more per acre or fraction
thereof. Any bid submitted which does not conform to the requirements
of this Notice, the OCS Lands Act, as amended, and applicable
regulations may be returned to the person submitting that bid by the RD
and not considered for acceptance.
10. Successful Bidders. Each person who has submitted a bid
accepted by the authorized officer will be required to execute copies
of the lease, pay the balance of the cash bonus bid along with the
first year's annual rental for each lease issued, by electronic funds
transfer in accordance with the requirements of 30 CFR 218.155, and
satisfy the bonding requirements of 30 CFR 256, Subpart I, as amended.
See Federal Register at 58 FR 45255, published August 27, 1993.
11. Leasing Maps and Official Protraction Diagrams. Blocks offered
for lease may be located on the following Leasing Maps or Official
Protraction Diagrams which may be purchased from the Gulf of Mexico
regional office (see paragraph 14(a)):
(a) OCS Leasing Maps--Texas Nos. 1 through 8. This is a set of 16
maps which sells for $18.00.
(b) OCS Official Protraction Diagrams. These diagrams sell for
$2.00 each.
NG 14-3 Corpus Christi (revised 01/27/76)
NG 14-6 Port Isabel (revised 01/15/92)
NG 15-1 East Breaks (revised 01/27/76)
NG 15-2 Garden Banks (revised 10/19/81)
NG 15-4 Alaminos Canyon (revised 04/27/89)
NG 15-5 Keathley Canyon (revised 04/27/89)
NG 15-8 (No Name) (revised 04/27/89)
(c) A complete set of all the above OCS Leasing Maps and Official
Protraction Diagrams is available on microfiche for $5.00 per set.
12. Description Of the Areas Offered for Bids.
(a) Acreages of blocks are shown on Leasing Maps and Official
Protraction Diagrams. Some of these blocks, however, may be partially
leased or transected by administrative lines such as the Federal/State
jurisdictional line. Information on the unleased portions of such
blocks, including the exact acreage, is included in the following
document available from the Gulf of Mexico regional office: Western
Gulf of Mexico Lease Sale 150--Final. Unleased Split Blocks and
Unleased Acreage of Blocks with Aliquots and Irregular Portions Under
Lease.
(b) Blocks not available for leasing: The areas offered for leasing
include all those blocks shown on the OCS Leasing Maps and Official
Protraction Diagrams listed in paragraph 11 (a), (b), and (c), except
for those blocks or partial blocks already under lease, as listed
below, and blocks deferred from bidding as follows:
(1) Although currently unleased and shown on Texas Leasing Map No.
7C, High Island Area, East Addition, South Extension, no bids will be
accepted on Blocks A-375 and A-398 (at the Flower Garden Banks).
(2) No bids will be accepted on the following blocks located off
Corpus Christi which have been identified by the Navy as needed for
testing equipment and training mine warfare personnel: Mustang Island
Area Blocks 793, 799, and 816.
(3) No bids will be accepted on Block A-125, as shown on Leasing
Map No. 6A, Galveston, South Addition, the status of which is currently
under appeal.
(4) Western Gulf of Mexico Leased Lands--Descriptions of blocks
listed represent all Federal acreage leased unless otherwise noted:
South Padre Island
1030, 1040, 1043, 1044, 1052, 1059, 1060, 1073, 1111, 1112, 1122,
1125, 1134, 1166.
North Padre Island
886, 887, 908, 927, 956, 957, 967, 968, 969, 976, 987, 988, 989.
North Padre Island, East Addition
891, 892, 911, 932, 951, 952, 970, 974, 975, 990, 993, 995, 996,
1011, 1018, A-6, A-9, A-10, A-11, A-27, A-38, A-42, A-43, A-48, A-55,
A-59, A-64, A-69, A-70, A-72, A-75, A-76, A-86, A-87.
Mustang Island
738, 739, 740, 742, 743, 752, 754, 755, 756, 757, 758, 759, 762,
763, 764, 765, 767, 768, 769, 778, 779, 781, 782, 783, 784, 785, 786,
787, 789, 790, 791, 801, 802, 803, 804, 805, 806, 807, 809, 811, 812,
813, 814, 822, 823, 824, 825, 826, 828, 830, 831, 837, 846, 847, 849,
850, 851, 858, 868, 869, 870, 871, 872, 873, 875, 876, A-2(NE\1/4\
NW\1/4\ NE\1/4\; NE\1/4\ NW\1/4\; NE\1/4\ SE\1/4\ NW\1/4\; W\1/2\ NW\1/
4\ NE\1/4\), A-3, A-5, A-6, A-7, A-10, A-11, A-15, A-16, A-17, A-21, A-
22, A-26, A-27, A-30, A-31, A-32, A-33, A-38.
Mustang Island, East Addition
736, 760, A-46, A-47, A-51, A-53, A-57, A-61, A-65, A-70, A-71, A-
85, A-86, A-96, A-97, A-110, A-111, A-112, A-119, A-121, A-122, A-124,
A-135, A-138, A-149.
Matagorda Island
487, 518, 519, 520, 526, 527, 528, 529 (Landward of 8(g) Line),
555, 556, 557, 564, 565, 566, 567, 568, 587, 588, 589, 591, 592, 599,
600, 601, 602, 603, 604, 605, 606, 607, 616, 617, 618, 619, 620, 622,
623, 624, 632, 633, 634 (Seaward of 8(g) Line), 635, 636, 637, 638,
639, 640, 641, 649, 650, 651, 652, 653, 654, 656, 657, 658, 663, 664,
665, 666, 667, 668, 669, 670, 671, 672, 674, 676, 678, 680, 681, 682,
683, 685, 686, 687, 688, 689, 696, 699, 700, 701, 703, 704, 705, 707,
709, 710, 712, 713, 714, 715, 716, A-4, A-7, A-8.
Brazos
341, 342, 364 (Landward of 8(g) line), 365, 375, 376, 378, 396,
397, 398, 399, 411, 412, 413, 415, 416, 417, 431, 432, 435 (Seaward of
8(g) Line), 436, 437, 439, 449, 451, 452 (E\1/2\), 453, 454, 455, 456,
457, 458, 466, 468, 469, 470, 471, 473, 474, 475, 476, 477, 488, 491,
492, 493, 494, 495, 496, 498, 501, 502, 504, 506, 507, 509, 510, 514,
515, 516, 517, 531, 532, 533, 534, 535, 537, 538, 539, 542, 543, 544,
546, 549, 550, 552, 570, 571, 572, 576, 577, 578, 580, 584, 608, 613,
614, 615, A-2, A-3, A-6, A-7, A-9, A-10, A-14, A-17, A-19, A-20, A-21,
A-22, A-23, A-24, A-25, A-31, A-36, A-37, A-38, A-39, A-40, A-41, A-43.
Brazos, South Addition
A-46, A-47, A-51, A-52, A-53, A-61, A-62, A-65, A-66, A-70, A-71,
A-76, A-77, A-84, A-85, A-101, A-102, A-104, A-105, A-106, A-110, A-
111, A-127, A-128, A-132, A-133.
Galveston
144, 151, 152, 180, 181, 182, 189, 190, 191, 192, 209, 210, 211,
213, 223, 225, 227, 237, 238, 239, 240, 241, 242 (Landward of 8(g)
Line), 243, 252, 253, 255, 256, 257, 258, 265, 266, 267, 268, 270, 271,
272, 273, 274, 281, 283, 284, 285, 288, 289, 290, 291, 294, 295(S\1/2\
NE\1/4\ NE\1/4\; NW\1/4\ NE\1/4\; W\1/2\ SW\1/4\ NE\1/4\; NE\1/4\ SW\1/
4\ NE\1/4\; N\1/2\ SE\1/4\ NE\1/4\; W\1/2\; W\1/2\ NW\1/4\ SE\1/4\;
S\1/2\ SE\1/4\), 296(NE\1/4\; NE\1/4\ NE\1/4\ NW\1/4\; S\1/2\ NE\1/4\
NW\1/4\; SE\1/4\ NW\1/4\; S\1/2\ SW\1/4\ NW\1/4\; N\1/2\ SW\1/4\; NE\1/
4\ SW\1/4\ SW\1/4\; N\1/2\ SE\1/4\ SW\1/4\; N\1/2\ SE\1/4\; N\1/2\
SW\1/4\ SE\1/4\; SE\1/4\ SE\1/4\), 297, 298, 299, 301, 302, 303, 304,
305, 312, 313, 314, 318, 319, 320, 321, 322, 324, 325, 326, 328, 329,
330, 331, 332, 333, 343, 344, 345, 346, 347, 348, 349, 350, 351, 354,
356, 357, 358, 359, 360, 361, 363, 379, 380, 383, 384, 385, 386, 389,
390, 391, 392, 393, 394, 395, 418, 420, 421, 428, 429, 460, 503, A-2,
A-15, A-16, A-18, A-21, A-24, A-34, A-35, A-39, A-40, A-41, A-42, A-49,
A-50, A-86, A-101, A-105, A-110, A-111.
Galveston, South Addition
A-122, A-142, A-143, A-144, A-145, A-218.
High Island
19, 20, 21, 22, 34, 36, 52, 53, 67, 68, 69, 70, 71, 73, 86, 87, 88,
89, 90, 93, 97, 98, 105, 106, 108, 109, 110, 111, 113, 115, 116, 117,
134, 135(N\1/2\; N\1/2\ S\1/2\; SW\1/4\ SW\1/4\; W\1/2\ SE\1/4\ SW\1/
4\; NE\1/4\ SE\1/4\ SW\1/4\; N\1/2\ S\1/2\ SE\1/4\), 136(E\1/2\; E\1/2\
NE\1/4\ SW\1/4\; S\1/2\ SE\1/4\ SW\1/4\), 137, 138(N\1/2\), 139, 140,
143, 153, 154, 155(W\1/2\), 156, 160(NE\1/4\; NE\1/4\ NW\1/4\; E\1/2\
SE\1/4\ NW\1/4\; N\1/2\ SE\1/4\; N\1/2\ SE\1/4\ SE\1/4\), 161(NW\1/4\
NE\1/4\ NW\1/4\; S\1/2\ NE\1/4\ NW\1/4\; W\1/2\ NW\1/4\; SE\1/4\ NW\1/
4\; NE\1/4\ NE\1/4\ SW\1/4\; W\1/2\ NE\1/4\ SW\1/4\; NW\1/4\ SW\1/4\;
NW\1/4\ SW\1/4\ SW\1/4\), 162, 164, 165, 169, 170, 171, 175, 176, 177,
178, 179, 193, 194, 195, 196, 197, 199, 200, 201, 204, 206, 207, 208,
228, 229, 230, 231, 232, 234, 235, 236, 261, 262, A-1, A-2, A-3, A-5,
A-6, A-7, A-9, A-12, A-16, A-17, A-18, A-19, A-20, A-21, A-22, A-23, A-
26, A-30, A-36, A-37, A-38, A-39, A-42, A-44, A-45, A-46, A-50, A-52,
A-53, A-60, A-61, A-63, A-64, A-68, A-69, A-73, A-74, A-77, A-78, A-83,
A-87, A-100, A-122, A-123, A-125, A-127, A-128, A-129, A-130, A-133, A-
137.
High Island, South Addition
A-411, A-412, A-417, A-421, A-422, A-424, A-434, A-435, A-438, A-
441, A-442, A-443, A-444, A-446, A-447, A-448, A-462, A-465, A-466, A-
467, A-468, A-469, A-470, A-471, A-472, A-474, A-475, A-477, A-479, A-
486, A-488, A-489, A-490, A-491, A-494, A-496, A-497, A-499, A-500, A-
501, A-503, A-506, A-510, A-511, A-512, A-513, A-515, A-517, A-518, A-
519, A-520, A-521, A-523, A-524, A-528, A-530, A-531, A-532, A-535, A-
536, A-537, A-538, A-539, A-540, A-545, A-547, A-548, A-549, A-550, A-
551, A-552, A-553, A-555, A-556, A-557, A-558, A-560, A-561, A-
562(SW\1/4\), A-563, A-564, A-568, A-570, A-571, A-572, A-573, A-574,
A-576, A-577, A-582, A-585, A-587, A-588, A-589, A-593, A-595, A-596.
High Island, East Addition
39, 45, 46, 74, 75, 76, 85, 120, 128, 129, 166, 167, A-168, A-169,
A-171, A-172, A-173, A-174, A-175, A-176, A-185, A-187, A-192, A-195,
A-200, A-201, A-224, A-231, A-233, A-244, A-245, A-246, A-247, A-250,
A-253.
High Island, East Addition, South Extension
A-263, A-269, A-270, A-271, A-272, A-274, A-279, A-280, A-281, A-
282, A-283, A-285, A-286, A-287, A-293, A-295, A-299, A-300, A-301, A-
302, A-303, A-305, A-309, A-310, A-313, A-314, A-315, A-316, A-317, A-
323, A-325, A-327, A-329, A-330, A-331, A-332, A-334, A-335, A-339, A-
340, A-341, A-343, A-349, A-350, A-351, A-352, A-355, A-356, A-359, A-
362, A-365, A-368, A-369, A-370, A-371, A-372, A-373, A-374, A-376, A-
377, A-378, A-379, A-382, A-383, A-384, A-385, A-389, A-391, A-392, A-
393, A-395, A-396, A-397, A-402, A-403.
Sabine Pass
17, 18, 40
East Breaks
109, 110, 112, 117, 122, 125, 154, 156, 157, 158, 159, 160, 161,
165, 166, 167, 168, 169, 171, 172, 173, 209, 215, 216, 237, 238, 246,
254, 255, 260, 290, 303, 329, 330, 342, 343, 344, 345, 386, 388, 389,
392, 393, 402, 403, 430, 431, 437, 462, 473, 474, 475, 476, 477, 506,
507, 518, 520, 562, 563, 564, 565, 566, 593, 598, 599, 602, 604, 605,
607, 608, 609, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647,
648, 649, 653, 654, 683, 684, 685, 686, 688, 689, 690, 691, 692, 728,
729, 732, 739, 740, 741, 783, 784, 785, 901, 902, 904, 943, 944, 945,
946, 947, 948, 949, 987, 988, 989, 990, 991, 992, 994.
Garden Banks
21, 22, 26, 28, 29 , 65, 70, 71, 72, 73, 75, 76, 80, 83, 84, 103,
117, 119, 120, 123, 126, 127, 128, 134, 135, 136, 141, 142, 144, 145,
147, 157, 158, 161, 162, 164, 165, 166, 167, 168, 170, 171, 172, 180,
183, 186, 188, 189, 190, 191, 192, 200, 201, 202, 203, 206, 207, 208,
209, 210, 211, 212, 213, 215, 216, 217, 224, 225, 233, 234, 235, 236,
237, 240, 248, 250, 252, 253, 254, 255, 257, 258, 259, 260, 261, 269,
276, 277, 278, 279, 287, 289, 290, 291, 298, 299, 300, 302, 304, 319,
322, 323, 329, 330, 331, 333, 342, 343, 344, 345, 353, 354, 361, 362,
363, 365, 366, 368, 371, 374, 375, 376, 377, 379, 381, 382, 386, 387,
388, 389, 397, 398, 405, 406, 407, 413, 416, 418, 419, 420, 421, 423,
424, 425, 426, 427, 428, 429, 430, 431, 432, 463, 464, 468, 469, 470,
471, 472, 473, 474, 475, 476, 477, 498, 499, 506, 507, 508, 512, 513,
514, 515, 516, 517, 535, 543, 544, 549, 550, 554, 555, 556, 557, 558,
559, 562, 563, 593, 598, 599, 600, 601, 602, 603, 622, 623, 629, 630,
638, 639, 644, 645, 646, 653, 674, 682, 683, 694, 697, 726, 727, 738,
739, 740, 741, 754, 767, 768, 769, 771, 772, 782, 783, 784, 785, 798,
803, 804, 806, 811, 812, 813, 814, 815, 816, 817, 826, 831, 832, 833,
848, 849, 850, 855, 856, 860, 875, 876, 877, 885, 902, 903, 919, 920,
921, 929, 930, 938, 939, 940, 947, 963, 964, 974, 975.
Port Isabel
39, 40, 81, 82, 125, 126, 130, 131, 174, 175, 216, 218, 393, 436,
437, 438, 481, 482, 483, 524, 525, 526, 568, 569, 570, 610, 611, 613,
653, 654, 655, 656, 657, 696, 697, 698, 700, 701, 740, 741.
Alaminos Canyon
20, 21, 22, 23, 24, 25, 26, 65, 133, 192, 236, 237, 261, 280, 305,
336, 337, 380, 398, 441, 442, 485, 489, 490, 491, 533, 534, 556, 557,
558, 599, 600, 601, 602, 644, 645, 646, 647, 648, 687, 691, 719, 720,
726, 730, 731, 734, 735, 736, 763, 764, 766, 767, 770, 774, 775, 780,
781, 810, 811, 813, 814, 818, 827, 854, 856, 857, 900, 901, 903, 904,
947, 951, 954.
Keathley Canyon
6, 7, 133, 134, 155, 156, 157, 158, 159, 177, 178, 179, 199, 200,
201, 202, 212, 221, 242, 243, 245, 246, 255, 256, 324, 377, 421, 422,
476, 522, 523, 567, 568, 583, 584, 603, 604, 647, 648, 695.
13. Lease Terms and Stipulations.
(a) Leases resulting from this sale will have initial terms as
shown on the Stipulations, Lease Terms, and Bidding Systems map
applicable to this Notice and will be issued on Form MMS-2005 (March
1986). Copies of the map and lease form are available from the Gulf of
Mexico regional office (see paragraph 14(a)).
(b) The applicability of the stipulations which follow is as shown
on the aforementioned map and as supplemented by references in this
Notice.
Stipulation No. 1--Protection of Archaeological Resources
(This stipulation will apply to all blocks offered for lease in
this sale. Bidders should refer also to paragraph 14(g) of this Notice
for specific survey requirements. See also paragraph 14(i).)
(a) ``Archaeological resource'' means any prehistoric or historic
district, site, building, structure, or object (including shipwrecks);
such term includes artifacts, records, and remains which are related to
such a district, site, building, structure, or object (16 U.S.C.
470w(5)). ``Operations'' means any drilling, mining, or construction or
placement of any structure for exploration, development, or production
of the lease.
(b) If the Regional Director (RD) believes an archaeological
resource may exist in the lease area, the RD will notify the lessee in
writing. The lessee shall then comply with subparagraphs (1) through
(3).
(1) Prior to commencing any operations, the lessee shall prepare a
report, as specified by the RD, to determine the potential existence of
any archaeological resource that may be affected by operations. The
report, prepared by an archaeologist and a geophysicist, shall be based
on an assessment of data from remote-sensing surveys and of other
pertinent archaeological and environmental information. The lessee
shall submit this report to the RD for review.
(2) If the evidence suggests that an archaeological resource may be
present, the lessee shall either:
(i) Locate the site of any operation so as not to adversely affect
the area where the archaeological resource may be, or
(ii) Establish to the satisfaction of the RD that an archaeological
resource does not exist or will not be adversely affected by
operations. This shall be done by further archaeological investigation,
conducted by an archaeologist and a geophysicist, using survey
equipment and techniques deemed necessary by the RD. A report on the
investigation shall be submitted to the RD for review.
(3) If the RD determines that an archaeological resource is likely
to be present in the lease area and may be adversely affected by
operations, the RD will notify the lessee immediately. The lessee shall
take no action that may adversely affect the archaeological resource
until the RD has told the lessee how to protect it.
(c) If the lessee discovers any archaeological resource while
conducting operations on the lease area, the lessee shall report the
discovery immediately to the RD. The lessee shall make every reasonable
effort to preserve the archaeological resource until the RD has told
the lessee how to protect it.
Stipulation No. 2--Protection of Topographic Features
(This stipulation will be included in leases located in the areas
so indicated in the Biological Stipulation Map Package associated with
this Notice which is available from the Gulf of Mexico regional office.
See paragraph 14(a).)
The banks which cause this stipulation to be applied to blocks of
the Western Gulf are:
------------------------------------------------------------------------
No activity zone defined
Bank name by isobath (meters)
------------------------------------------------------------------------
Shelf Edge Banks:
West Flower Garden Bank\1\ (defined by \1/ 100
4\ \1/4\ system).
East Flower Garden Bank\1\ (defined by \1/ 100
4\ \1/4\ system).
MacNeil Bank............................... 82
29 Fathom Bank............................. 64
Rankin Bank................................ 85
Geyer Bank................................. 85
Elvers Bank................................ 85
Bright Bank\2\............................. 85
McGrail Bank\2\............................ 85
Rezak Bank\2\.............................. 85
Sidner Bank\2\............................. 85
Parker Bank\2\............................. 85
Stetson Bank............................... 62
Applebaum Bank............................. 85
Low Relief Banks:\3\
Mysterious Bank............................ 74, 76, 78, 80, 84
Coffee Lump................................ Various
Blackfish Ridge............................ 70
Big Dunn Bar............................... 65
Small Dunn Bar............................. 65
32 Fathom Bank............................. 52
Claypile Bank\4\........................... 50
South Texas Banks:\5\
Dream Bank................................. 78, 82
Southern Bank.............................. 80
Hospital Bank.............................. 70
North Hospital Bank........................ 68
Aransas Bank............................... 70
South Baker Bank........................... 70
Baker Bank................................. 70
------------------------------------------------------------------------
\1\Flower Garden Banks--In paragraph (c) a ``4-Mile Zone'' rather than a
``1-Mile Zone'' applies.
\2\Central Gulf of Mexico bank with a portion of its ``1-Mile Zone'' and/
or ``3-Mile Zone'' in the Western Gulf of Mexico.
\3\Low Relief Banks--Only paragraph (a) applies.
\4\Claypile Bank--Paragraphs (a) and (b) apply. In paragraph (b)
monitoring of the effluent to determine the effect on the biota of
Claypile Bank shall be required rather than shunting.
\5\South Texas Banks--Only paragraphs (a) and (b) apply.
(a) No activity including structures, drilling rigs, pipelines, or
anchoring will be allowed within the listed isobath (``No Activity
Zone'' as shown in the aforementioned Biological Stipulation Map
Package) of the banks as listed above.
(b) Operations within the area shown as ``1,000-Meter Zone'' in the
aforementioned Biological Stipulation Map Package shall be restricted
by shunting all drill cuttings and drilling fluids to the bottom
through a downpipe that terminates an appropriate distance, but no more
than 10 meters, from the bottom.
(c) Operations within the area shown as ``1-Mile Zone'' in the
aforementioned Biological Stipulation Map Package shall be restricted
by shunting all drill cuttings and drilling fluids to the bottom
through a downpipe that terminates an appropriate distance, but no more
than 10 meters, from the bottom. (Where there is a ``1-Mile Zone''
designated, the ``1,000 Meter Zone'' in paragraph (b) is not
designated.)
(d) Operations within the area shown as ``3-Mile Zone'' in the
aforementioned Biological Stipulation Map Package shall be restricted
by shunting all drill cuttings and drilling fluids from development
operations to the bottom through a downpipe that terminates an
appropriate distance, but no more than 10 meters, from the bottom.
Stipulation No. 3--Military Warning Areas
(This stipulation will be included in leases located within Warning
Areas as shown on the map described in paragraph 13(a).)
(a) Hold and Save Harmless
Whether compensation for such damage or injury might be due under a
theory of strict or absolute liability or otherwise, the lessee assumes
all risks of damage or injury to persons or property, which occur in,
on, or above the Outer Continental Shelf (OCS), to any persons or to
any property of any person or persons who are agents, employees, or
invitees of the lessee, its agents, independent contractors, or
subcontractors doing business with the lessee in connection with any
activities being performed by the lessee in, on, or above the OCS; if
such injury or damage to such person or property occurs by reason of
the activities of any agency of the U.S. Government, its contractors or
subcontractors, or any of their officers, agents, or employees, being
conducted as a part of, or in connection with, the programs and
activities of the command headquarters listed in the table below.
Notwithstanding any limitation of the lessee's liability in section
14 of the lease, the lessee assumes this risk whether such injury or
damage is caused in whole or in part by any act or omission, regardless
of negligence or fault, of the United States, its contractors or
subcontractors, or any of its officers, agents, or employees. The
lessee further agrees to indemnify and save harmless the United States
against all claims for loss, damage, or injury sustained by the lessee;
and to indemnify and save harmless the United States against all claims
for loss, damage, or injury sustained by the agents, employees, or
invitees of the lessee, its agents, or any independent contractors or
subcontractors doing business with the lessee in connection with the
programs and activities of the appropriate military installation,
whether the same be caused in whole or in part by the negligence or
fault of the United States, its contractors or subcontractors, or any
of its officers, agents, or employees; and whether such claims might be
sustained under a theory of strict or absolute liability or otherwise.
(b) Electromagnetic Emissions
The lessee agrees to control its own electromagnetic emissions and
those of its agents, employees, invitees, independent contractors, or
subcontractors emanating from individual designated defense warning
areas in accordance with requirements specified by the commander of the
command headquarters listed in the table below to the degree necessary
to prevent damage to, or unacceptable interference with, Department of
Defense flight, testing, or operational activities conducted within
individual designated warning areas. Necessary monitoring control and
coordination with the lessee, its agents, employees, invitees,
independent contractors, or subcontractors will be effected by the
commander of the appropriate onshore military installation conducting
operations in the particular warning area provided, however, that
control of such electromagnetic emissions shall in no instance prohibit
all manner of electromagnetic communication during any period of time
between a lessee, its agents, employees, invitees, independent
contractors or subcontractors, and onshore facilities.
(c) Operational
The lessee, when operating or causing to be operated on its behalf,
boat, ship, or aircraft traffic into the individual designated warning
areas, shall enter into an agreement with the commander of the
individual command headquarters listed in the following list, upon
utilizing an individual designated warning area prior to commencing
such traffic. Such an agreement will provide for positive control of
boats, ships, and aircraft operating into the warning areas at all
times.
Warning Areas' Command Headquarters for Western Planning Area:
W-228--Chief, Naval Air Training, Naval Air Station, Office No. 206,
Corpus Christi, Texas 78419-5100, Telephone: (512) 939-3862/2621.
W-602--Headquarters ACC/DOSR, Detachment 1, Operations Headquarters,
Air Combat Command, Offutt AFB, Nebraska 68113-5550, Telephone: (402)
294-2334.
Stipulation No. 4--Operations in the Naval Mine Warfare Area
(This stipulation will apply to Mustang Island Area East Addition
blocks 732, 733, and 734.)
(a) The placement, location, and planned periods of operation of
surface structures on this lease during the exploration stage are
subject to approval by the Regional Director (RD), Minerals Management
Service Gulf of Mexico Region, after the review of an operator's
Exploration Plan (EP). Prior to approval of the EP, the RD will consult
with the Commander, Mine Warfare Command, in order to determine the
EP's compatibility with scheduled military operations. No permanent
structures nor debris of any kind shall be allowed in the area covered
by this lease during exploration operations.
(b) To the extent possible, sub-seafloor development operations for
resources subsurface to this area should originate outside the area
covered by this lease. Any above-seafloor development operations within
the area covered by this lease must be compatible with scheduled
military operations as determined by the Commander, Mine Warfare
Command. The lessee will consult with and coordinate plans for above
sea-floor development activities (including abandonment) with the
Commander, Mine Warfare Command. The Development Operations
Coordination Document (DOCD) must contain the locations of any
permanent structures, fixed platforms, pipelines, or anchors planned to
be constructed or placed in the area covered by this lease as part of
such development operations. The DOCD must also contain the written
comments of the Commander, Mine Warfare Command on the proposed
activities. Prior to approval of the DOCD, the RD will consult with the
Commander in order to determine the DOCD's compatibility with scheduled
military operations.
For more information, consultation, and coordination, the lessee
must contact:
Commander, Mine Warfare Command, 325 Fifth Street, SE., Corpus Christi,
Texas 78419-5032, Phone: (512) 939-4895.
14. Information to Lessees.
(a) Supplemental Documents. For copies of the various documents
identified as available from the Gulf of Mexico regional office,
prospective bidders should contact the Public Information Unit,
Minerals Management Service, 1201 Elmwood Park Boulevard, New Orleans,
Louisiana 70123-2394, either in writing or by telephone at (504) 736-
2519 or (800) 200-GULF. For additional information, contact the
Regional Supervisor for Leasing and Environment at the above address or
by telephone at (504) 736-2759.
(b) Navigation Safety. Operations on some of the blocks offered for
lease may be restricted by designation of fairways, precautionary
zones, anchorages, safety zones, or traffic separation schemes
established by the U.S. Coast Guard pursuant to the Ports and Waterways
Safety Act (33 U.S.C. 1221 et seq.), as amended.
U.S. Corps of Engineers (COE) permits are required for the
construction of any artificial islands, installations, and other
devices temporarily or permanently attached to the seabed located on
the OCS in accordance with section 4(e) of the OCS Lands Act, as
amended.
For additional information, prospective bidders should contact Lt.
Commander Ken Parris, Assistant Marine Port Safety Officer, 8th Coast
Guard District, Hale Boggs Federal Building, New Orleans, Louisiana
70130, telephone (504) 589-6901. For COE information, prospective
bidders should contact Mr. Dolan Dunn, Chief Evaluation Section,
Regulatory Branch, P.O. Box 1229, Galveston, Texas 77553, telephone
(409) 766-3935.
(c) Offshore Pipelines. Lessees are advised that the Department of
the Interior and the Department of Transportation have entered into a
Memorandum of Understanding dated May 6, 1976, concerning the design,
installation, operation, and maintenance of offshore pipelines. Bidders
should consult both Departments for regulations applicable to offshore
pipelines.
(d) 8-Year Leases. Bidders are advised that any lease issued for a
term of 8 years will be cancelled after 5 years, following notice
pursuant to the OCS Lands Act, as amended, if within the initial 5-year
period of the lease, the drilling of an exploratory well has not been
initiated; or if initiated, the well has not been drilled in
conformance with the approved exploration plan criteria; or if there is
not a suspension of operations in effect, etc. Bidders are referred to
30 CFR 256.37.
(e) Affirmative Action. Revision of the Department of Labor
regulations on affirmative action requirements for Government
contractors (including lessees) has been deferred, pending review of
those regulations (see Federal Register of August 25, 1981, at 46 FR
42865 and 42968). Should changes become effective at any time before
the issuance of leases resulting from this sale, section 18 of the
lease form (Form MMS-2005, March 1986) would be deleted from leases
resulting from this sale. In addition, existing stocks of the
affirmative action forms described in paragraph 5 of this Notice
contain language that would be superseded by the revised regulations at
41 CFR 60-1.5(a)(1) and 60-1.7(a)(1). Submission of Form MMS-2032 (June
1985) and Form MMS-2033 (June 1985) will not invalidate an otherwise
acceptable bid, and the revised regulations' requirements will be
deemed to be part of the existing affirmative action forms.
(f) Ordnance Disposal Areas. Bidders are cautioned as to the
existence of two inactive ordnance disposal areas in the Corpus Christi
and East Breaks areas, shown on the map described in paragraph 13(a).
These areas were used to dispose of ordnance of unknown composition and
quantity. These areas have not been used since about 1970. Water depths
in the Corpus Christi area range from approximately 600 to 900 meters.
Water depths in the East Breaks area range from approximately 300 to
700 meters. Bottom sediments in both areas are generally soft,
consisting of silty clays. Exploration and development activities in
these areas require precautions commensurate with the potential
hazards.
(g) Archaeological Resources. Bidders are advised of the Notice to
Lessees (NTL) affecting the historic shipwreck requirements published
December 20, 1991, in the Federal Register pages 66076-66082 with an
effective date of February 17, 1992. This NTL details the survey
methodology, including a more intensive survey with line spacing 50
meters apart, and report writing requirements. A Letter to Lessees
(LTL) of November 30, 1990, lists those blocks identified as having a
high probability for encountering historic shipwrecks. Copies of the
NTL and LTL are available from the MMS Public Information Unit. See
paragraph 14(a).
(h) Proposed Rigs To Reefs. Bidders are advised that there are OCS
artificial reef sites and planning sites for the Gulf of Mexico. These
are generally located in water depths of less than 200 meters. While
all existing and proposed sites require a permit from the U.S. Army
Corps of Engineers, this ``Rigs to Reefs'' program is implemented
through State sponsorship through the following State Coordinators:
Alabama: Mr. Walter M. Tatum (205) 968-7578.
Louisiana: Mr. Rick Kasprzac (504) 765-2375.
Mississippi: Mr. Mike Buchanan (601) 385-5868.
Texas: Ms. Jan Coulbertson (512) 389-4863.
For more information on artificial reef sites, prospective bidders
should contact the above listed State Artificial Reef Coordinator for
their areas of interest.
(i) Archaeological Surveys and Reports. Bidders are advised that a
Proposed Rule has been published in the Federal Register dated Tuesday,
October 12, 1993, which proposes to grant specific authority to each
MMS Regional Director to require archaeological surveys and reports
(under 30 CFR 250.26). This proposed rule specifically states the
authority of MMS and conditions for requiring lessees or operators to
conduct archaeological resource surveys and submit the reports prior to
exploration, development and production, or installation of pipelines.
This rule, when adopted, may apply to all blocks leased in this sale.
Dated: June 27, 1994.
Tom Fry,
Director, Minerals Management Service.
Approved:
Nancy K. Hayes,
Acting Assistant Secretary--Land and Minerals Management.
[FR Doc. 94-16901 Filed 7-12-94; 8:45 am]
BILLING CODE 4310-MR-P
