Outer Continental Shelf (OCS) Western Gulf of Mexico (GOM) Oil and Gas Lease Sale 196, 39329-39332 [05-13380]
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Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Notices
and Wildlife Office at (707) 822–7201.
For Yreka phlox, contact Nadine Kanim
at the Yreka Fish and Wildlife Office at
(530) 842–5763.
SUPPLEMENTARY INFORMATION:
Why Is a 5-Year Review Conducted?
Under the Endangered Species Act
(Act) (16 U.S.C. 1531 et seq.) we
maintain a List of Endangered and
Threatened Wildlife and Plants at 50
CFR 17.11 (for animals) and 17.12 (for
plants). Section 4(c)(2)(A) of the Act
requires that we conduct a review of
listed species at least once every 5 years.
Then, on the basis of such reviews,
under section 4(c)(2)(B) we determine
whether or not any species should be
removed from the List (delisted), or
reclassified from endangered to
threatened or from threatened to
endangered. Delisting a species must be
supported by the best scientific and
commercial data available and only
considered if such data substantiates
that the species is neither endangered
nor threatened for one or more of the
following reasons: (1) the species is
considered extinct; (2) the species is
considered to be recovered; and/or (3)
the original data available when the
species was listed, or the interpretation
of such data, were in error. Any change
in Federal classification would require a
separate rulemaking process. The
regulations in 50 CFR 424.21 require
that we publish a notice in the Federal
Register announcing those species
currently under active review. This
notice announces our active review of
31 species listed in Table 1 above.
What Information Is Considered in the
Review?
A 5-year review considers all new
information available at the time of the
review. These reviews will consider the
best scientific and commercial data that
has become available since the current
listing determination or most recent
status review, such as:
A. Species biology including, but not
limited to, population trends,
distribution, abundance, demographics,
and genetics;
B. Habitat conditions including, but
not limited to, amount, distribution, and
suitability;
C. Conservation measures that have
been implemented that benefit the
species;
D. Threat status and trends (see five
factors under heading ‘‘How Do We
Determine Whether a Species Is
Endangered or Threatened?’’); and
E. Other new information, data, or
corrections including, but not limited
to, taxonomic or nomenclatural changes,
identification of erroneous information
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contained in the List, and improved
analytical methods.
How Do We Determine Whether a
Species is Endangered or Threatened?
Section 4(a)(1) of the Act requires that
we determine whether a species is
endangered or threatened based on one
or more of the five following factors:
A. The present or threatened
destruction, modification, or
curtailment of its habitat or range;
B. Overutilization for commercial,
recreational, scientific, or educational
purposes;
C. Disease or predation;
D. The inadequacy of existing
regulatory mechanisms; or
E. Other natural or manmade factors
affecting its continued existence.
Our assessment of these factors is
required, under section 4(b)(1) of the
Act, to be based solely on the best
scientific and commercial data
available.
What Could Happen as a Result of This
Review?
If we find that there is information
concerning the 31 species listed in
Table 1 above indicating a change in
classification may be warranted, we may
propose a new rule that could do one of
the following: (a) Reclassify the species
from threatened to endangered; (b)
reclassify the species from endangered
to threatened; or (c) remove the species
from the List. If we find that a change
in classification is not warranted, the
species will remain on the List under its
current status.
Public Solicitation of New Information
To ensure that these 5-year reviews
are complete and based on the best
available scientific and commercial
information, we are soliciting new
information from the public, concerned
governmental agencies, Tribes, the
scientific community, industry,
environmental entities, and any other
interested parties concerning the status
of the 31 species listed in Table 1 above.
If you wish to provide information for
any species included in these 5-year
reviews, you may submit your
comments and materials to the Field
Supervisors at the appropriate Fish and
Wildlife Office in the ADDRESSES section
above. Our practice is to make
comments, including names and home
addresses of respondents, available for
public review during regular business
hours. Respondents may request that we
withhold a respondent’s identity, as
allowable by law. If you wish us to
withhold your name or address, you
must state this request prominently at
the beginning of your comment. We will
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not consider anonymous comments,
however. To the extent consistent with
applicable law, we will make all
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
Comments and materials received will
be available for public inspection, by
appointment, during normal business
hours (see ADDRESSES section).
Authority: This document is published
under the authority of the Endangered
Species Act of 1973, as amended (16 U.S.C.
1531 et seq.).
Dated: June 16, 2005.
Paul Henson,
Acting Manager, California/Nevada
Operations Office, U.S. Fish and Wildlife
Service.
[FR Doc. 05–13328 Filed 7–6–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Outer Continental Shelf (OCS) Western
Gulf of Mexico (GOM) Oil and Gas
Lease Sale 196
Minerals Management Service,
Interior.
ACTION: Final Notice of Sale (FNOS) 196.
AGENCY:
SUMMARY: On August 17, 2005, the MMS
will open and publicly announce bids
received for blocks offered in Western
GOM Oil and Gas Lease Sale 196,
pursuant to the OCS Lands Act (43
U.S.C. 1331–1356, as amended), and the
regulations issued thereunder (30 CFR
part 256).
The Final Notice of Sale 196 Package
(FNOS 196 Package) contains
information essential to bidders, and
bidders are charged with the knowledge
of the documents contained in the
Package.
Public bid reading will begin at
9 a.m., Wednesday, August 17, 2005, in
the Hyatt Regency Conference Center
(Cabildo Rooms), 500 Poydras Plaza,
New Orleans, Louisiana. All times
referred to in this document are local
New Orleans times, unless otherwise
specified.
DATES:
Bidders can obtain a FNOS
196 Package containing this Notice of
Sale and several supporting and
essential documents referenced herein
from the MMS Gulf of Mexico Region
Public Information Unit, 1201 Elmwood
Park Boulevard, New Orleans, Louisiana
70123–2394, (504) 736–2519 or (800)
ADDRESSES:
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200–GULF, or via the MMS Internet
Web site at https://www.mms.gov.
Filing of Bids: Bidders must submit
sealed bids to the Regional Director
(RD), MMS Gulf of Mexico Region, 1201
Elmwood Park Boulevard, New Orleans,
Louisiana 70123–2394, between 8 a.m.
and 4 p.m. on normal working days, and
from 8 a.m. to the Bid Submission
Deadline of 10 a.m. on Tuesday, August
16, 2005. If bids are mailed, please
address the envelope containing all of
the sealed bids as follows:
Attention: Supervisor, Sales and
Support Unit (MS 5422), Leasing
Activities Section, MMS Gulf of Mexico
Region, 1201 Elmwood Park Boulevard,
New Orleans, Louisiana 70123–2394.
Contains Sealed Bids for Oil and Gas
Lease Sale 196. Please Deliver to Ms.
Jane Burrell Johnson, Room 311,
Immediately.
Please note: Bidders mailing their
bid(s) are advised to call Ms. Jane
Burrell Johnson (504) 736–2811
immediately after putting their bid(s) in
the mail.
If the RD receives bids later than the
time and date specified above, he will
return those bids unopened to bidders.
Bidders may not modify or withdraw
their bids unless the RD receives a
written modification or written
withdrawal request prior to 10 a.m. on
Tuesday, August 16, 2005. Should an
unexpected event such as flooding or
travel restrictions be significantly
disruptive to bid submission, the MMS
Gulf of Mexico Region may extend the
Bid Submission Deadline. Bidders may
call (504) 736–0557 for information
about the possible extension of the Bid
Submission Deadline due to such an
event.
Areas Offered for Leasing: The MMS
is offering for leasing all blocks and
partial blocks listed in the document
‘‘Blocks Available for Leasing in
Western GOM Oil and Gas Lease Sale
196’’ included in the FNOS 196
Package. All of these blocks are shown
on the following Leasing Maps and
Official Protraction Diagrams (available
for free online in .PDF and .GRA format
at https://www.gomr.mms.gov/homepg/
lsesale/map_arc.html or which may be
purchased from the MMS Gulf of
Mexico Region Public Information
Unit):
Outer Continental Shelf Leasing
Maps—Texas Map Numbers 1 Through
8
(These 16 maps sell for $2.00 each.)
TX1 South Padre Island Area (revised
November 1, 2000).
TX1A South Padre Island Area, East
Addition (revised November 1, 2000).
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TX2 North Padre Island Area (revised
November 1, 2000).
TX2A North Padre Island Area, East
Addition (revised November 1, 2000).
TX3 Mustang Island Area (revised
November 1, 2000).
TX3A Mustang Island Area, East
Addition (revised September 3, 2002).
TX4 Matagorda Island Area (revised
November 1, 2000).
TX5 Brazos Area (revised November 1,
2000).
TX5B Brazos Area, South Addition
(revised November 1, 2000).
TX6 Galveston Area (revised
November 1, 2000).
TX6A Galveston Area, South Addition
(revised November 1, 2000).
TX7 High Island Area (revised
November 1, 2000).
TX7A High Island Area, East Addition
(revised November 1, 2000).
TX7B High Island Area, South
Addition (revised November 1, 2000).
TX7C High Island Area, East Addition,
South Extension (revised November 1,
2000).
TX8 Sabine Pass Area (revised
November 1, 2000).
Outer Continental Shelf Official
Protraction Diagrams
(These 7 diagrams sell for $2.00 each.)
NG14–03 Corpus Christi (revised
November 1, 2000).
NG14–06 Port Isabel (revised
November 1, 2000).
NG15–01 East Breaks (revised
November 1, 2000).
NG15–02 Garden Banks (revised
November 1, 2000).
NG15–04 Alaminos Canyon (revised
November 1, 2000).
NG15–05 Keathley Canyon (revised
November 1, 2000).
NG15–08 Sigsbee Escarpment (revised
November 1, 2000).
Please note: A CD–ROM (in ARC/
INFO and Acrobat (.pdf) format)
containing all of the GOM Leasing Maps
and Official Protraction Diagrams,
except for those not yet converted to
digital format, is available from the
MMS Gulf of Mexico Region Public
Information Unit for a price of $15. For
the current status of all Western GOM
Leasing Maps and Official Protraction
Diagrams, please refer to 66 FR 28002
(published May 21, 2001) and 67 FR
60701 (published September 26, 2002).
In addition, Supplemental Official OCS
Block Diagrams (SOBDs) for these
blocks are available for blocks which
contain the ‘‘U.S. 200 Nautical Mile
Limit’’ line and the ‘‘U.S.-Mexico
Maritime Boundary’’ line. These SOBDs
are also available from the MMS Gulf of
Mexico Region Public Information Unit.
For additional information, please call
Ms. Tara Montgomery (504) 736–5722.
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All blocks are shown on these Leasing
Maps and Official Protraction Diagrams.
The available Federal acreage of all
whole and partial blocks in this lease
sale is shown in the document ‘‘List of
Blocks Available for Leasing in Lease
Sale 196’’ included in the FNOS 196
Package. Some of these blocks may be
partially leased or deferred, or
transected by administrative lines such
as the Federal/State jurisdictional line.
A bid on a block must include all of the
available Federal acreage of that block.
Also, information on the unleased
portions of such blocks is found in the
document ‘‘Western Gulf of Mexico
Lease Sale 196—Unleased Split Blocks
and Available Unleased Acreage of
Blocks with Aliquots and Irregular
Portions Under Lease or Deferred,’’
included in the FNOS 196 Package.
Areas Not Available for Leasing: The
following whole and partial blocks are
not offered for lease in this lease sale:
Whole blocks and portions of blocks
which lie within the boundaries of the
Flower Garden Banks National Marine
Sanctuary at the East and West Flower
Garden Banks and Stetson Bank (the
following list includes all blocks
affected by the Sanctuary boundaries):
High Island, East Addition, South
Extension (Area TX7C)
Whole Blocks: A–375, A–398.
Portions of Blocks: A–366, A–367, A–
374, A–383, A–384, A–385, A–388,
A–389, A–397, A–399, A–401.
High Island, South Addition (Area
TX7B)
Portions of Blocks: A–502, A–513.
Garden Banks (Area NG15–02)
Portions of Blocks: 134, 135.
Whole blocks and portions of blocks
which lie within the 1.4 nautical mile
buffer zone north of the continental
shelf boundary between the United
States and Mexico:
Keathley Canyon (Area NG15–05)
Portions of Blocks: 978 through 980.
Sigsbee Escarpment (Area NG15–08)
Whole Blocks: 11, 57, 103, 148, 149,
194, 239, 284, 331 through 341.
Portions of Blocks: 12 through 14, 58
through 60, 104 through 106, 150,
151, 195, 196, 240, 241, 285 through
298, 342 through 349.
Statutes and Regulations: Each lease
issued in this lease sale is subject to the
OCS Lands Act of August 7, 1953, 67
Stat. 462; 43 U.S.C. 1331 et seq., as
amended (92 Stat. 629), hereinafter
called ‘‘the Act’’; all regulations issued
pursuant to the Act and in existence
upon the Effective Date of the lease; all
regulations issued pursuant to the
statute in the future which provide for
the prevention of waste and
conservation of the natural resources of
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the OCS and the protection of
correlative rights therein; and all other
applicable statutes and regulations.
Lease Terms and Conditions: Initial
period, extensions of initial period,
minimum bonus bid amount, rental
rates, royalty rates, minimum royalty,
and royalty suspension areas are shown
on the map ‘‘Lease Terms and Economic
Conditions, Lease Sale 196, Final’’ for
leases resulting from this lease sale:
Initial Period: 5 years for blocks in
water depths of less than 400 meters; 8
years for blocks in water depths of 400
to less than 800 meters (pursuant to 30
CFR 256.37, commencement of an
exploratory well is required within the
first 5 years of the initial 8-year term to
avoid lease cancellation); and 10 years
for blocks in water depths of 800 meters
or deeper;
Extensions of Initial Period:
Extensions may be granted for eligible
leases on blocks in water depths of less
than 400 meters as specified in NTL No.
2000–G22;
Minimum Bonus Bid Amount: A
bonus bid will not be considered for
acceptance unless it provides for a cash
bonus in the amount of $25 or more per
acre or fraction thereof for blocks in
water depths of less than 400 meters or
$37.50 or more per acre or fraction
thereof for blocks in water depths of 400
meters or deeper; to confirm the exact
calculation of the minimum bonus bid
amount for each block, see ‘‘List of
Blocks Available for Leasing’’ contained
in the FNOS 196 Package;
Rental Rates: $6.25 per acre or
fraction thereof for blocks in water
depths of less than 200 meters and $9.50
per acre or fraction thereof for blocks in
water depths of 200 meters or deeper, to
be paid on or before the first day of each
lease year until a discovery in paying
quantities of oil or gas, then at the
expiration of each lease year until the
start of royalty-bearing production;
Royalty Rates: 162⁄3 percent royalty
rate for blocks in water depths of less
than 400 meters and a 121⁄2 percent
royalty rate for blocks in water depths
of 400 meters or deeper, except during
periods of royalty suspension, to be paid
monthly on the last day of the month
next following the month during which
the production is obtained;
Minimum Royalty: After the start of
royalty-bearing production: $6.25 per
acre or fraction thereof per year for
blocks in water depths of less than 200
meters and $9.50 per acre or fraction
thereof per year for blocks in water
depths of 200 meters or deeper, to be
paid at the expiration of each lease year
with credit applied for actual royalty
paid during the lease year. If actual
royalty paid exceeds the minimum
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royalty requirement, then no minimum
royalty payment is due;
Royalty Suspension Areas: Royalty
suspension, subject to deep gas price
thresholds, will apply to blocks in water
depths less than 200 meters where deep
gas (typically 15,000 feet or greater
subsea) is drilled and commences
production before May 3, 2009. In
addition, subject to both oil and gas
price thresholds, royalty suspension
will apply in water depths of 400 meters
or deeper. See the map ‘‘Lease Terms
and Economic Conditions, Lease Sale
196, Final’’ for specific areas and the
‘‘Royalty Suspension Provisions, Lease
Sale 196, Final’’ document contained in
the FNOS 196 Package for specific
details regarding royalty suspension
eligibility, applicable price thresholds
and implementation.
Lease Stipulations: The map
‘‘Stipulations and Deferred Blocks,
Lease Sale 196, Final’’ depicts the
blocks on which one or more of five
lease stipulations apply: (1)
Topographic Features; (2) Military
Areas; (3) Operations in the Naval Mine
Warfare Area; (4) Law of the Sea
Convention Royalty Payment; and (5)
Protected Species. The texts of the
stipulations are contained in the
document ‘‘Lease Stipulations for Oil
and Gas Lease Sale 196, Final’’ included
in the FNOS 196 Package. In addition,
the ‘‘List of Blocks Available for
Leasing’’ contained in the FNOS 196
Package identifies for each block listed
the lease stipulations applicable to that
block.
Information to Lessees: The FNOS 196
Package contains an ‘‘Information to
Lessees’’ document which provides
detailed information on certain specific
issues pertaining to this oil and gas
lease sale.
Method of Bidding: For each block bid
upon, a bidder must submit a separate
signed bid in a sealed envelope labeled
‘‘Sealed Bid for Oil and Gas Lease Sale
196, not to be opened until 9 a.m.,
Wednesday, August 17, 2005.’’ The
submitting company’s name, its GOM
Company number, the map area, map
number, and block number should be
clearly identified on the outside of the
envelope. Please refer to the sample bid
envelope included within the FNOS 196
Package. Please also refer to the
Telephone Numbers/Addresses of
Bidders Form included within the
FNOS 196 Package. We are requesting
that you provide this information in the
format suggested for each lease sale.
Please provide this information prior to
or at the time of bid submission. Do not
enclose this form inside the sealed bid
envelope. The total amount of the bid
must be in a whole dollar amount; any
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39331
cent amount above the whole dollar will
be ignored by the MMS. Details of the
information required on the bid(s) and
the bid envelope(s) are specified in the
document ‘‘Bid Form and Envelope’’
contained in the FNOS 196 Package. A
blank bid form, which is provided for
your convenience, may be copied and
filled in.
The MMS published in the Federal
Register a list of restricted joint bidders,
which applies to this lease sale, at 70 FR
22900 on May 3, 2005. Bidders must
execute all documents in conformance
with signatory authorizations on file in
the MMS Gulf of Mexico Region
Adjudication Unit. Partnerships also
must submit or have on file a list of
signatories authorized to bind the
partnership. Bidders submitting joint
bids must include on the bid form the
proportionate interest of each
participating bidder, stated as a
percentage, using a maximum of five
decimal places, e.g., 33.33333 percent.
The MMS may require bidders to submit
other documents in accordance with 30
CFR 256.46. The MMS warns bidders
against violation of 18 U.S.C. 1860
prohibiting unlawful combination or
intimidation of bidders. Bidders are
advised that the MMS considers the
signed bid to be a legally binding
obligation on the part of the bidder(s) to
comply with all applicable regulations,
including payment of the one-fifth
bonus bid amount on all high bids. A
statement to this effect must be included
on each bid (see the document ‘‘Bid
Form and Envelope’’ contained in the
FNOS 196 Package).
Rounding: The following procedure
must be used to calculate the minimum
bonus bid, annual rental, and minimum
royalty: Round up to the next whole
dollar amount if the calculation results
in a decimal figure (see next paragraph).
Please note: The minimum bonus bid
calculation, including all rounding, is
shown in the document ‘‘List of Blocks
Available for Leasing in Lease Sale 196’’
included in the FNOS 196 Package.
Bonus Bid Deposit: Each bidder
submitting an apparent high bid must
submit a bonus bid deposit to the MMS
equal to one-fifth of the bonus bid
amount for each such bid. Under the
authority granted by 30 CFR 256.46(b),
the MMS requires bidders to use
electronic funds transfer procedures for
payment of one-fifth bonus bid deposits
for Lease Sale 196, following the
detailed instructions contained in the
document ‘‘Instructions for Making EFT
Bonus Payments’’ which can be found
on the MMS Web site at https://
www.gomr.mms.gov/homepg/lsesale/
196/wgom196.html. All payments must
be electronically deposited into an
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interest-bearing account in the U.S.
Treasury (account specified in the EFT
instructions) by 1 p.m. Eastern Time the
day following bid reading. Such a
deposit does not constitute and shall not
be construed as acceptance of any bid
on behalf of the United States. If a lease
is awarded, however, MMS requests that
only one transaction be used for
payment of the four-fifths bonus bid
amount and the first year’s rental.
Please note: Certain bid submitters
(i.e., those that are NOT currently an
OCS mineral lease record title holder or
designated operator OR those that have
ever defaulted on a one-fifth bonus bid
payment (EFT or otherwise)) are
required to guarantee (secure) their onefifth bonus bid payment prior to the
submission of bids. For those who must
secure the EFT one-fifth bonus bid
payment, one of the following options
may be used: (1) Provide a third-party
guarantee; (2) amend development bond
coverage; (3) provide a letter of credit;
or (4) provide a lump sum payment in
advance via EFT. The EFT instructions
specify the requirements for each
option.
Withdrawal of Blocks: The United
States reserves the right to withdraw
any block from this lease sale prior to
issuance of a written acceptance of a bid
for the block.
Acceptance, Rejection, or Return of
Bids: The United States reserves the
right to reject any and all bids. In any
case, no bid will be accepted, and no
lease for any block will be awarded to
any bidder, unless the bidder has
complied with all requirements of this
Notice, including the documents
contained in the associated FNOS 196
Package and applicable regulations; the
bid is the highest valid bid; and the
amount of the bid has been determined
to be adequate by the authorized officer.
Any bid submitted which does not
conform to the requirements of this
Notice, the Act, and other applicable
regulations may be returned to the
person submitting that bid by the RD
and not considered for acceptance. The
Attorney General may also review the
results of the lease sale prior to the
acceptance of bids and issuance of
leases. To ensure that the Government
receives a fair return for the conveyance
of lease rights for this lease sale, high
bids will be evaluated in accordance
with MMS bid adequacy procedures. A
copy of current procedures,
‘‘Modifications to the Bid Adequacy
Procedures’’ at 64 FR 37560 on July 12,
1999, can be obtained from the MMS
Gulf of Mexico Region Public
Information Unit or via the MMS
Internet Web site at https://
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www.gomr.mms.gov/homepg/lsesale/
bidadeq.html.
Successful Bidders: As required by
the MMS, each company that has been
awarded a lease must execute all copies
of the lease (Form MMS–2005 (March
1986) as amended), pay by EFT the
balance of the bonus bid amount and
the first year’s rental for each lease
issued in accordance with the
requirements of 30 CFR 218.155, and
satisfy the bonding requirements of 30
CFR 256, subpart I, as amended.
Also, in accordance with regulations
at 43 CFR, part 42, subpart C, the lessee
shall comply with the U.S. Department
of the Interior’s nonprocurement
debarment and suspension requirements
and agrees to communicate this
requirement to comply with these
regulations to persons with whom the
lessee does business as it relates to this
lease by including this term as a
condition to enter into their contracts
and other transactions.
Affirmative Action: The MMS
requests that, prior to bidding, Equal
Opportunity Affirmative Action
Representation Form MMS 2032 (June
1985) and Equal Opportunity
Compliance Report Certification Form
MMS 2033 (June 1985) be on file in the
MMS Gulf of Mexico Region
Adjudication Unit. This certification is
required by 41 CFR 60 and Executive
Order No. 11246 of September 24, 1965,
as amended by Executive Order No.
11375 of October 13, 1967. In any event,
prior to the execution of any lease
contract, both forms are required to be
on file in the MMS Gulf of Mexico
Region Adjudication Unit.
Geophysical Data and Information
Statement: Pursuant to 30 CFR 251.12,
the MMS has a right to access
geophysical data and information
collected under a permit in the OCS.
Every bidder submitting a bid on a block
in Sale 196, or participating as a joint
bidder in such a bid, must submit a
Geophysical Data and Information
Statement identifying any processed or
reprocessed pre- and post-stack depth
migrated geophysical data and
information in its possession or control
and used in the evaluation of that block.
The existence, extent (i.e., number of
line miles for 2D or number of blocks for
3D) and type of such data and
information must be clearly identified.
The statement must include the name
and phone number of a contact person,
and an alternate, knowledgeable about
the depth data sets (that were processed
or reprocessed to correct for depth) used
in evaluating the block. In the event
such data and information includes data
sets from different timeframes, you
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should identify only the most recent
data set used for block evaluations.
The statement must also identify each
block upon which a bidder participated
in a bid but for which it does not
possess or control such depth data and
information.
Every bidder must submit a separate
Geophysical Data and Information
Statement in a sealed envelope. The
envelope should be labeled
‘‘Geophysical Data and Information
Statement for Oil and Gas Lease Sale
196’’ and the bidder’s name and
qualification number must be clearly
identified on the outside of the
envelope. This statement must be
submitted to the MMS at the Gulf of
Mexico Regional Office, Attention:
Resource Evaluation (1201 Elmwood
Park Boulevard, New Orleans, Louisiana
70123–2394) by 10 a.m. on Tuesday,
August 16, 2005. The statement may be
submitted in conjunction with the bids
or separately. Do not include this
statement in the same envelope
containing a bid. These statements will
not be opened until after the public bid
reading at Lease Sale 196 and will be
kept confidential. An Example of
Preferred Format for the Geophysical
Data and Information Statement is
included in the FNOS 196 Package.
Please also refer to a sample of the
Geophysical Envelope—Preferred
Format included within the FNOS 196
Package.
Please refer to NTL No. 2003–G05 for
more detail concerning submission of
the Geophysical Data and Information
Statement, making the data available to
the MMS following the lease sale,
preferred format, reimbursement for
costs, and confidentiality.
Dated: June 30, 2005.
R.M. ‘‘Johnnie’’ Burton,
Director, Minerals Management Service.
[FR Doc. 05–13380 Filed 7–6–05; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
National Park Service
National Register of Historic Places;
Notification of Pending Nominations
and Related Actions
Nominations for the following
properties being considered for listing
or related actions in the National
Register were received by the National
Park Service before June 11, 2005.
Pursuant to § 60.13 of 36 CFR part 60
written comments concerning the
significance of these properties under
the National Register criteria for
evaluation may be forwarded by United
E:\FR\FM\07JYN1.SGM
07JYN1
]]>Agencies
[Federal Register Volume 70, Number 129 (Thursday, July 7, 2005)]
[Notices]
[Pages 39329-39332]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13380]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Outer Continental Shelf (OCS) Western Gulf of Mexico (GOM) Oil
and Gas Lease Sale 196
AGENCY: Minerals Management Service, Interior.
ACTION: Final Notice of Sale (FNOS) 196.
-----------------------------------------------------------------------
SUMMARY: On August 17, 2005, the MMS will open and publicly announce
bids received for blocks offered in Western GOM Oil and Gas Lease Sale
196, pursuant to the OCS Lands Act (43 U.S.C. 1331-1356, as amended),
and the regulations issued thereunder (30 CFR part 256).
The Final Notice of Sale 196 Package (FNOS 196 Package) contains
information essential to bidders, and bidders are charged with the
knowledge of the documents contained in the Package.
DATES: Public bid reading will begin at 9 a.m., Wednesday, August 17,
2005, in the Hyatt Regency Conference Center (Cabildo Rooms), 500
Poydras Plaza, New Orleans, Louisiana. All times referred to in this
document are local New Orleans times, unless otherwise specified.
ADDRESSES: Bidders can obtain a FNOS 196 Package containing this Notice
of Sale and several supporting and essential documents referenced
herein from the MMS Gulf of Mexico Region Public Information Unit, 1201
Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394, (504) 736-
2519 or (800)
[[Page 39330]]
200-GULF, or via the MMS Internet Web site at https://www.mms.gov.
Filing of Bids: Bidders must submit sealed bids to the Regional
Director (RD), MMS Gulf of Mexico Region, 1201 Elmwood Park Boulevard,
New Orleans, Louisiana 70123-2394, between 8 a.m. and 4 p.m. on normal
working days, and from 8 a.m. to the Bid Submission Deadline of 10 a.m.
on Tuesday, August 16, 2005. If bids are mailed, please address the
envelope containing all of the sealed bids as follows:
Attention: Supervisor, Sales and Support Unit (MS 5422), Leasing
Activities Section, MMS Gulf of Mexico Region, 1201 Elmwood Park
Boulevard, New Orleans, Louisiana 70123-2394.
Contains Sealed Bids for Oil and Gas Lease Sale 196. Please Deliver
to Ms. Jane Burrell Johnson, Room 311, Immediately.
Please note: Bidders mailing their bid(s) are advised to call Ms.
Jane Burrell Johnson (504) 736-2811 immediately after putting their
bid(s) in the mail.
If the RD receives bids later than the time and date specified
above, he will return those bids unopened to bidders. Bidders may not
modify or withdraw their bids unless the RD receives a written
modification or written withdrawal request prior to 10 a.m. on Tuesday,
August 16, 2005. Should an unexpected event such as flooding or travel
restrictions be significantly disruptive to bid submission, the MMS
Gulf of Mexico Region may extend the Bid Submission Deadline. Bidders
may call (504) 736-0557 for information about the possible extension of
the Bid Submission Deadline due to such an event.
Areas Offered for Leasing: The MMS is offering for leasing all
blocks and partial blocks listed in the document ``Blocks Available for
Leasing in Western GOM Oil and Gas Lease Sale 196'' included in the
FNOS 196 Package. All of these blocks are shown on the following
Leasing Maps and Official Protraction Diagrams (available for free
online in .PDF and .GRA format at https://www.gomr.mms.gov/homepg/
lsesale/map_arc.html or which may be purchased from the MMS Gulf of
Mexico Region Public Information Unit):
Outer Continental Shelf Leasing Maps--Texas Map Numbers 1 Through 8
(These 16 maps sell for $2.00 each.)
TX1 South Padre Island Area (revised November 1, 2000).
TX1A South Padre Island Area, East Addition (revised November 1, 2000).
TX2 North Padre Island Area (revised November 1, 2000).
TX2A North Padre Island Area, East Addition (revised November 1, 2000).
TX3 Mustang Island Area (revised November 1, 2000).
TX3A Mustang Island Area, East Addition (revised September 3, 2002).
TX4 Matagorda Island Area (revised November 1, 2000).
TX5 Brazos Area (revised November 1, 2000).
TX5B Brazos Area, South Addition (revised November 1, 2000).
TX6 Galveston Area (revised November 1, 2000).
TX6A Galveston Area, South Addition (revised November 1, 2000).
TX7 High Island Area (revised November 1, 2000).
TX7A High Island Area, East Addition (revised November 1, 2000).
TX7B High Island Area, South Addition (revised November 1, 2000).
TX7C High Island Area, East Addition, South Extension (revised November
1, 2000).
TX8 Sabine Pass Area (revised November 1, 2000).
Outer Continental Shelf Official Protraction Diagrams
(These 7 diagrams sell for $2.00 each.)
NG14-03 Corpus Christi (revised November 1, 2000).
NG14-06 Port Isabel (revised November 1, 2000).
NG15-01 East Breaks (revised November 1, 2000).
NG15-02 Garden Banks (revised November 1, 2000).
NG15-04 Alaminos Canyon (revised November 1, 2000).
NG15-05 Keathley Canyon (revised November 1, 2000).
NG15-08 Sigsbee Escarpment (revised November 1, 2000).
Please note: A CD-ROM (in ARC/INFO and Acrobat (.pdf) format)
containing all of the GOM Leasing Maps and Official Protraction
Diagrams, except for those not yet converted to digital format, is
available from the MMS Gulf of Mexico Region Public Information Unit
for a price of $15. For the current status of all Western GOM Leasing
Maps and Official Protraction Diagrams, please refer to 66 FR 28002
(published May 21, 2001) and 67 FR 60701 (published September 26,
2002). In addition, Supplemental Official OCS Block Diagrams (SOBDs)
for these blocks are available for blocks which contain the ``U.S. 200
Nautical Mile Limit'' line and the ``U.S.-Mexico Maritime Boundary''
line. These SOBDs are also available from the MMS Gulf of Mexico Region
Public Information Unit. For additional information, please call Ms.
Tara Montgomery (504) 736-5722.
All blocks are shown on these Leasing Maps and Official Protraction
Diagrams. The available Federal acreage of all whole and partial blocks
in this lease sale is shown in the document ``List of Blocks Available
for Leasing in Lease Sale 196'' included in the FNOS 196 Package. Some
of these blocks may be partially leased or deferred, or transected by
administrative lines such as the Federal/State jurisdictional line. A
bid on a block must include all of the available Federal acreage of
that block. Also, information on the unleased portions of such blocks
is found in the document ``Western Gulf of Mexico Lease Sale 196--
Unleased Split Blocks and Available Unleased Acreage of Blocks with
Aliquots and Irregular Portions Under Lease or Deferred,'' included in
the FNOS 196 Package.
Areas Not Available for Leasing: The following whole and partial
blocks are not offered for lease in this lease sale:
Whole blocks and portions of blocks which lie within the boundaries
of the Flower Garden Banks National Marine Sanctuary at the East and
West Flower Garden Banks and Stetson Bank (the following list includes
all blocks affected by the Sanctuary boundaries):
High Island, East Addition, South Extension (Area TX7C)
Whole Blocks: A-375, A-398.
Portions of Blocks: A-366, A-367, A-374, A-383, A-384, A-385, A-
388, A-389, A-397, A-399, A-401.
High Island, South Addition (Area TX7B)
Portions of Blocks: A-502, A-513.
Garden Banks (Area NG15-02)
Portions of Blocks: 134, 135.
Whole blocks and portions of blocks which lie within the 1.4
nautical mile buffer zone north of the continental shelf boundary
between the United States and Mexico:
Keathley Canyon (Area NG15-05)
Portions of Blocks: 978 through 980.
Sigsbee Escarpment (Area NG15-08)
Whole Blocks: 11, 57, 103, 148, 149, 194, 239, 284, 331 through
341.
Portions of Blocks: 12 through 14, 58 through 60, 104 through 106,
150, 151, 195, 196, 240, 241, 285 through 298, 342 through 349.
Statutes and Regulations: Each lease issued in this lease sale is
subject to the OCS Lands Act of August 7, 1953, 67 Stat. 462; 43 U.S.C.
1331 et seq., as amended (92 Stat. 629), hereinafter called ``the
Act''; all regulations issued pursuant to the Act and in existence upon
the Effective Date of the lease; all regulations issued pursuant to the
statute in the future which provide for the prevention of waste and
conservation of the natural resources of
[[Page 39331]]
the OCS and the protection of correlative rights therein; and all other
applicable statutes and regulations.
Lease Terms and Conditions: Initial period, extensions of initial
period, minimum bonus bid amount, rental rates, royalty rates, minimum
royalty, and royalty suspension areas are shown on the map ``Lease
Terms and Economic Conditions, Lease Sale 196, Final'' for leases
resulting from this lease sale:
Initial Period: 5 years for blocks in water depths of less than 400
meters; 8 years for blocks in water depths of 400 to less than 800
meters (pursuant to 30 CFR 256.37, commencement of an exploratory well
is required within the first 5 years of the initial 8-year term to
avoid lease cancellation); and 10 years for blocks in water depths of
800 meters or deeper;
Extensions of Initial Period: Extensions may be granted for
eligible leases on blocks in water depths of less than 400 meters as
specified in NTL No. 2000-G22;
Minimum Bonus Bid Amount: A bonus bid will not be considered for
acceptance unless it provides for a cash bonus in the amount of $25 or
more per acre or fraction thereof for blocks in water depths of less
than 400 meters or $37.50 or more per acre or fraction thereof for
blocks in water depths of 400 meters or deeper; to confirm the exact
calculation of the minimum bonus bid amount for each block, see ``List
of Blocks Available for Leasing'' contained in the FNOS 196 Package;
Rental Rates: $6.25 per acre or fraction thereof for blocks in
water depths of less than 200 meters and $9.50 per acre or fraction
thereof for blocks in water depths of 200 meters or deeper, to be paid
on or before the first day of each lease year until a discovery in
paying quantities of oil or gas, then at the expiration of each lease
year until the start of royalty-bearing production;
Royalty Rates: 16\2/3\ percent royalty rate for blocks in water
depths of less than 400 meters and a 12\1/2\ percent royalty rate for
blocks in water depths of 400 meters or deeper, except during periods
of royalty suspension, to be paid monthly on the last day of the month
next following the month during which the production is obtained;
Minimum Royalty: After the start of royalty-bearing production:
$6.25 per acre or fraction thereof per year for blocks in water depths
of less than 200 meters and $9.50 per acre or fraction thereof per year
for blocks in water depths of 200 meters or deeper, to be paid at the
expiration of each lease year with credit applied for actual royalty
paid during the lease year. If actual royalty paid exceeds the minimum
royalty requirement, then no minimum royalty payment is due;
Royalty Suspension Areas: Royalty suspension, subject to deep gas
price thresholds, will apply to blocks in water depths less than 200
meters where deep gas (typically 15,000 feet or greater subsea) is
drilled and commences production before May 3, 2009. In addition,
subject to both oil and gas price thresholds, royalty suspension will
apply in water depths of 400 meters or deeper. See the map ``Lease
Terms and Economic Conditions, Lease Sale 196, Final'' for specific
areas and the ``Royalty Suspension Provisions, Lease Sale 196, Final''
document contained in the FNOS 196 Package for specific details
regarding royalty suspension eligibility, applicable price thresholds
and implementation.
Lease Stipulations: The map ``Stipulations and Deferred Blocks,
Lease Sale 196, Final'' depicts the blocks on which one or more of five
lease stipulations apply: (1) Topographic Features; (2) Military Areas;
(3) Operations in the Naval Mine Warfare Area; (4) Law of the Sea
Convention Royalty Payment; and (5) Protected Species. The texts of the
stipulations are contained in the document ``Lease Stipulations for Oil
and Gas Lease Sale 196, Final'' included in the FNOS 196 Package. In
addition, the ``List of Blocks Available for Leasing'' contained in the
FNOS 196 Package identifies for each block listed the lease
stipulations applicable to that block.
Information to Lessees: The FNOS 196 Package contains an
``Information to Lessees'' document which provides detailed information
on certain specific issues pertaining to this oil and gas lease sale.
Method of Bidding: For each block bid upon, a bidder must submit a
separate signed bid in a sealed envelope labeled ``Sealed Bid for Oil
and Gas Lease Sale 196, not to be opened until 9 a.m., Wednesday,
August 17, 2005.'' The submitting company's name, its GOM Company
number, the map area, map number, and block number should be clearly
identified on the outside of the envelope. Please refer to the sample
bid envelope included within the FNOS 196 Package. Please also refer to
the Telephone Numbers/Addresses of Bidders Form included within the
FNOS 196 Package. We are requesting that you provide this information
in the format suggested for each lease sale. Please provide this
information prior to or at the time of bid submission. Do not enclose
this form inside the sealed bid envelope. The total amount of the bid
must be in a whole dollar amount; any cent amount above the whole
dollar will be ignored by the MMS. Details of the information required
on the bid(s) and the bid envelope(s) are specified in the document
``Bid Form and Envelope'' contained in the FNOS 196 Package. A blank
bid form, which is provided for your convenience, may be copied and
filled in.
The MMS published in the Federal Register a list of restricted
joint bidders, which applies to this lease sale, at 70 FR 22900 on May
3, 2005. Bidders must execute all documents in conformance with
signatory authorizations on file in the MMS Gulf of Mexico Region
Adjudication Unit. Partnerships also must submit or have on file a list
of signatories authorized to bind the partnership. Bidders submitting
joint bids must include on the bid form the proportionate interest of
each participating bidder, stated as a percentage, using a maximum of
five decimal places, e.g., 33.33333 percent. The MMS may require
bidders to submit other documents in accordance with 30 CFR 256.46. The
MMS warns bidders against violation of 18 U.S.C. 1860 prohibiting
unlawful combination or intimidation of bidders. Bidders are advised
that the MMS considers the signed bid to be a legally binding
obligation on the part of the bidder(s) to comply with all applicable
regulations, including payment of the one-fifth bonus bid amount on all
high bids. A statement to this effect must be included on each bid (see
the document ``Bid Form and Envelope'' contained in the FNOS 196
Package).
Rounding: The following procedure must be used to calculate the
minimum bonus bid, annual rental, and minimum royalty: Round up to the
next whole dollar amount if the calculation results in a decimal figure
(see next paragraph).
Please note: The minimum bonus bid calculation, including all
rounding, is shown in the document ``List of Blocks Available for
Leasing in Lease Sale 196'' included in the FNOS 196 Package.
Bonus Bid Deposit: Each bidder submitting an apparent high bid must
submit a bonus bid deposit to the MMS equal to one-fifth of the bonus
bid amount for each such bid. Under the authority granted by 30 CFR
256.46(b), the MMS requires bidders to use electronic funds transfer
procedures for payment of one-fifth bonus bid deposits for Lease Sale
196, following the detailed instructions contained in the document
``Instructions for Making EFT Bonus Payments'' which can be found on
the MMS Web site at https://www.gomr.mms.gov/homepg/lsesale/196/
wgom196.html. All payments must be electronically deposited into an
[[Page 39332]]
interest-bearing account in the U.S. Treasury (account specified in the
EFT instructions) by 1 p.m. Eastern Time the day following bid reading.
Such a deposit does not constitute and shall not be construed as
acceptance of any bid on behalf of the United States. If a lease is
awarded, however, MMS requests that only one transaction be used for
payment of the four-fifths bonus bid amount and the first year's
rental.
Please note: Certain bid submitters (i.e., those that are NOT
currently an OCS mineral lease record title holder or designated
operator OR those that have ever defaulted on a one-fifth bonus bid
payment (EFT or otherwise)) are required to guarantee (secure) their
one-fifth bonus bid payment prior to the submission of bids. For those
who must secure the EFT one-fifth bonus bid payment, one of the
following options may be used: (1) Provide a third-party guarantee; (2)
amend development bond coverage; (3) provide a letter of credit; or (4)
provide a lump sum payment in advance via EFT. The EFT instructions
specify the requirements for each option.
Withdrawal of Blocks: The United States reserves the right to
withdraw any block from this lease sale prior to issuance of a written
acceptance of a bid for the block.
Acceptance, Rejection, or Return of Bids: The United States
reserves the right to reject any and all bids. In any case, no bid will
be accepted, and no lease for any block will be awarded to any bidder,
unless the bidder has complied with all requirements of this Notice,
including the documents contained in the associated FNOS 196 Package
and applicable regulations; the bid is the highest valid bid; and the
amount of the bid has been determined to be adequate by the authorized
officer. Any bid submitted which does not conform to the requirements
of this Notice, the Act, and other applicable regulations may be
returned to the person submitting that bid by the RD and not considered
for acceptance. The Attorney General may also review the results of the
lease sale prior to the acceptance of bids and issuance of leases. To
ensure that the Government receives a fair return for the conveyance of
lease rights for this lease sale, high bids will be evaluated in
accordance with MMS bid adequacy procedures. A copy of current
procedures, ``Modifications to the Bid Adequacy Procedures'' at 64 FR
37560 on July 12, 1999, can be obtained from the MMS Gulf of Mexico
Region Public Information Unit or via the MMS Internet Web site at
https://www.gomr.mms.gov/homepg/lsesale/bidadeq.html.
Successful Bidders: As required by the MMS, each company that has
been awarded a lease must execute all copies of the lease (Form MMS-
2005 (March 1986) as amended), pay by EFT the balance of the bonus bid
amount and the first year's rental for each lease issued in accordance
with the requirements of 30 CFR 218.155, and satisfy the bonding
requirements of 30 CFR 256, subpart I, as amended.
Also, in accordance with regulations at 43 CFR, part 42, subpart C,
the lessee shall comply with the U.S. Department of the Interior's
nonprocurement debarment and suspension requirements and agrees to
communicate this requirement to comply with these regulations to
persons with whom the lessee does business as it relates to this lease
by including this term as a condition to enter into their contracts and
other transactions.
Affirmative Action: The MMS requests that, prior to bidding, Equal
Opportunity Affirmative Action Representation Form MMS 2032 (June 1985)
and Equal Opportunity Compliance Report Certification Form MMS 2033
(June 1985) be on file in the MMS Gulf of Mexico Region Adjudication
Unit. This certification is required by 41 CFR 60 and Executive Order
No. 11246 of September 24, 1965, as amended by Executive Order No.
11375 of October 13, 1967. In any event, prior to the execution of any
lease contract, both forms are required to be on file in the MMS Gulf
of Mexico Region Adjudication Unit.
Geophysical Data and Information Statement: Pursuant to 30 CFR
251.12, the MMS has a right to access geophysical data and information
collected under a permit in the OCS. Every bidder submitting a bid on a
block in Sale 196, or participating as a joint bidder in such a bid,
must submit a Geophysical Data and Information Statement identifying
any processed or reprocessed pre- and post-stack depth migrated
geophysical data and information in its possession or control and used
in the evaluation of that block. The existence, extent (i.e., number of
line miles for 2D or number of blocks for 3D) and type of such data and
information must be clearly identified. The statement must include the
name and phone number of a contact person, and an alternate,
knowledgeable about the depth data sets (that were processed or
reprocessed to correct for depth) used in evaluating the block. In the
event such data and information includes data sets from different
timeframes, you should identify only the most recent data set used for
block evaluations.
The statement must also identify each block upon which a bidder
participated in a bid but for which it does not possess or control such
depth data and information.
Every bidder must submit a separate Geophysical Data and
Information Statement in a sealed envelope. The envelope should be
labeled ``Geophysical Data and Information Statement for Oil and Gas
Lease Sale 196'' and the bidder's name and qualification number must be
clearly identified on the outside of the envelope. This statement must
be submitted to the MMS at the Gulf of Mexico Regional Office,
Attention: Resource Evaluation (1201 Elmwood Park Boulevard, New
Orleans, Louisiana 70123-2394) by 10 a.m. on Tuesday, August 16, 2005.
The statement may be submitted in conjunction with the bids or
separately. Do not include this statement in the same envelope
containing a bid. These statements will not be opened until after the
public bid reading at Lease Sale 196 and will be kept confidential. An
Example of Preferred Format for the Geophysical Data and Information
Statement is included in the FNOS 196 Package. Please also refer to a
sample of the Geophysical Envelope--Preferred Format included within
the FNOS 196 Package.
Please refer to NTL No. 2003-G05 for more detail concerning
submission of the Geophysical Data and Information Statement, making
the data available to the MMS following the lease sale, preferred
format, reimbursement for costs, and confidentiality.
Dated: June 30, 2005.
R.M. ``Johnnie'' Burton,
Director, Minerals Management Service.
[FR Doc. 05-13380 Filed 7-6-05; 8:45 am]
BILLING CODE 4310-MR-P
