[Federal Register Volume 72, Number 52 (Monday, March 19, 2007)]
[Notices]
[Pages 12817-12822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1298]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service


Outer Continental Shelf (OCS) Beaufort Sea Alaska, Oil and Gas 
Lease Sale 202

AGENCY: Minerals Management Service, Interior.

ACTION: Final Notice of Sale OCS Oil and Gas Lease Sale 202, Beaufort 
Sea.

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SUMMARY: The MMS will hold OCS Oil and Gas Lease Sale 202 on April 18, 
2007, in accordance with provisions of the OCS Lands Act (43 U.S.C. 
1331-1356, as amended), the implementing regulations (30 CFR part 256), 
and the OCS Oil and Gas Leasing Program for 2002-2007.

DATES: Lease Sale 202 is scheduled to be held on April 18, 2007, at the 
Wilda Marston Theatre, Z. J. Loussac Public Library, 3600 Denali 
Street, Anchorage, Alaska. Public reading will begin at 9 a.m. All 
times referred to in this document are local Anchorage, Alaska times, 
unless otherwise specified.

ADDRESSES: A package containing the Final Notice of Sale (NOS) and 
several supporting and essential documents referenced herein are 
available from:
    Alaska OCS Region, Information Resource Center, Minerals Management 
Service, 3801 Centerpoint Drive, Suite 500, Anchorage, Alaska 99503-
5823, Telephone: (907) 334-5200 or 1-800-764-2627.
    These documents are also available on the MMS Alaska OCS Region's 
Web site at http://www.mms.gov/alaska.
    Bid Submission Deadline: Bidders will be required to submit bids to 
the MMS at the Alaska OCS Region Office, 3801 Centerpoint Drive, Suite 
500, Anchorage, Alaska 99503, by 10 a.m. on the day before the sale, 
Tuesday, April 17, 2007. If bids are mailed, the envelope containing 
all of the sealed bids must be marked as follows:
    Attention: Mr. Fred King, Contains Sealed Bids for Sale 202.
    If bids are received later than the time and date specified above, 
they will be returned unopened to the bidders. Bidders may not modify 
or withdraw their bids unless the Regional Director, Alaska OCS Region 
receives a written modification or written withdrawal request prior to 
10 a.m., Tuesday, April 17, 2007. Should an unexpected event such as an 
earthquake or travel restrictions be significantly disruptive to bid 
submission, the Alaska OCS Region

[[Page 12818]]

may extend the Bid Submission Deadline. Bidders may call (907) 334-5200 
for information about the possible extension of the Bid Submission 
Deadline due to such an event.
    Four blocks in the easternmost Beaufort Sea area are subject to 
claims by both the United States and Canada. This Notice refers to this 
area as the Disputed Portion of the Beaufort Sea. The section on Method 
of Bidding identifies the four blocks and describes the procedures for 
submitting bids for them.
    Area Offered for Leasing: The MMS is offering for leasing all whole 
and partial blocks listed in the document ``Blocks Available for 
Leasing in OCS Oil and Gas Lease Sale 202'' included in the Final NOS 
202 package. All of these blocks are shown on the following Official 
Protraction Diagrams (which may be purchased from the Alaska OCS 
Region):

NR 05-01, Dease Inlet, revised September 30, 1997
NR 05-02, Harrison Bay North, revised September 30, 1997
NR 05-03, Teshekpuk, revised September 30, 1997
NR 05-04, Harrison Bay, revised September 30, 1997
NR 06-01, Beechey Point North, approved February 1, 1996
NR 06-03, Beechey Point, revised September 30, 1997
NR 06-04, Flaxman Island, revised September 30, 1997
NR 07-03, Barter Island, revised September 30, 1997
NR 07-05, Demarcation Point, revised September 30, 1997
NR 07-06, Mackenzie Canyon, revised September 30, 1997

    Official block descriptions are derived from these diagrams; 
however, not all blocks included on a diagram are being offered. To 
ascertain which blocks are being offered and the royalty suspension 
provisions that apply, you must refer to the document ``Blocks 
Available for Leasing in OCS Oil and Gas Lease Sale 202.'' The Beaufort 
Sea OCS Oil and Gas Lease Sale 202 Locator Map is also available to 
assist in locating the blocks relative to the adjacent areas. The 
Locator Map is for use in identifying locations of blocks but is not 
part of the official description of blocks available for lease. Some of 
the blocks may be partially encumbered by an existing lease, or 
transected by administrative lines such as the Federal/State 
jurisdictional line. Partial block descriptions are derived from 
Supplemental Official OCS Block Diagrams and OCS Composite Block 
Diagrams, which are available upon request at the address, phone 
number, or Internet site given above.
    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 the OCS and the protection of 
correlative rights therein; and all other applicable statutes and 
regulations.
    Lease Terms and Conditions: For leases resulting from this sale the 
following terms and conditions apply:
    Initial Period: 10 years.
    Minimum Bonus Bid Amounts: $37.50 per hectare, or a fraction 
thereof, for all blocks in Zone A and $25.00 per hectare, or a fraction 
thereof, for all blocks in Zone B. Refer to the final Notice of Sale, 
Beaufort Sea Sale 202, April 2007 map and the Summary Table of Minimum 
Bids, Minimum Royalty Rates, and Rental Rates shown below.
    Rental Rates: The Lessee shall pay the Lessor, on or before the 
first day of each lease year which commences prior to a discovery in 
paying quantities of oil or gas on the leased area, a rental at the 
rate shown below in the Summary Table of Minimum Bids, Minimum Royalty 
Rates, and Rental Rates. During the time period in which a lease is 
classified as producible, i.e., following a discovery in paying 
quantities, but before royalty-bearing production begins, a rental of 
$13 per hectare applies in both zones and is paid at the end of each 
lease year until the start of royalty-bearing production.
    Minimum Royalty Rates: The Lessee shall pay the Lessor, at the 
expiration of each lease year which commences after the start of 
royalty-bearing production, a minimum royalty of $13 per hectare, or 
fraction thereof, 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 Rates: A 12\1/2\ percent royalty rate will apply for all 
blocks.

 Summary Table of Minimum Bids, Minimum Royalty Rates, and Rental Rates
------------------------------------------------------------------------
  Terms (values per hectare or
        fraction thereof)               Zone A              Zone B
------------------------------------------------------------------------
Royalty Rate....................  12\1/2\% fixed....  12\1/2\% fixed
Minimum Bonus Bid...............  $37.50............  $25.00
Minimum Royalty Rate............  $13.00............  $13.00
Rental Rates:
  Year 1........................  $7.50.............  $2.50
  Year 2........................  $7.50.............  $3.75
  Year 3........................  $7.50.............  $5.00
  Year 4........................  $7.50.............  $6.25
  Year 5........................  $7.50.............  $7.50
  Year 6........................  $12.00............  $10.00
  Year 7........................  $17.00............  $12.00
  Year 8........................  $22.00............  $15.00
  Year 9........................  $30.00............  $17.00
  Year 10.......................  $30.00............  $20.00
------------------------------------------------------------------------

    Royalty Suspension Areas: Royalty suspension provisions apply to 
first oil production. Royalty suspensions on the production of oil and 
condensate, prorated by lease acreage and subject to price thresholds, 
will apply to all blocks. Royalty suspension volumes (RSV) are based on 
2 zones, Zone A and Zone B, as depicted on the Map. More specific 
details regarding royalty suspension eligibility, applicable price 
thresholds and implementations are included below as well as in the 
document ``Royalty Suspension Provisions, Sale 202'' in the Final NOS 
202 package.
    Royalty Suspension Provisions: In accordance with applicable 
regulations at 30 CFR 260, the following royalty suspension provisions 
apply to leases issued as a result of Beaufort Sea Oil and Gas Lease 
Sale 202. The zones in which blocks are indicated on the Block List and 
the map included in the Notice of Sale package are available from the 
MMS OCS Alaska Region office.
    These Royalty Suspension Provisions apply to Oil Production. In 
addition, refer to 30 CFR 218.151 and applicable parts of 260.120-
260.124 for regulations on royalty suspensions and rental obligations 
that will apply to your lease.
    1. A lease in the Beaufort Sea, depending on surface area and zone, 
will receive a royalty suspension volume (RSV) as follows:

------------------------------------------------------------------------
                                                   Zone A       Zone B
             Lease size  hectares                 million      million
                                                barrels RSV  barrels RSV
------------------------------------------------------------------------
Less than 771.................................           10           15
771 to less than 1541.........................           20           30
1541 or more..................................           30           45
------------------------------------------------------------------------

    2. The RSV applies only to liquid hydrocarbon production, i.e., oil 
and condensates. Natural gas volumes that

[[Page 12819]]

leave the lease are subject to original lease-specified royalties. The 
market value of natural gas will be determined by MMS's Minerals 
Revenue Management (MRM) office. The MRM will value the natural gas 
from Sale 202 based on its potential uses and applicable market 
characteristics at the time the gas is produced.
    3. Each lessee must pay royalty on production of oil that might 
otherwise receive royalty relief (in 30 CFR part 260) for any calendar 
year during which the actual New York Mercantile Exchange (NYMEX) 
annual price of oil exceeds the ``ceiling'' price threshold (adjusted 
for inflation) for oil in that year. Such production will be deducted 
from the remaining RSV. The actual NYMEX annual price of oil is defined 
as the arithmetic average of the daily closing prices for the ``nearby 
delivery month'' on the NYMEX for oil (light sweet crude) in a calendar 
year. The actual NYMEX annual price of oil is calculated by averaging 
the daily closing prices of oil for each month in the year, and then 
averaging the 12 monthly averages.
    (a) The ceiling price threshold for oil in any year, say t, is 
determined by inflating the base year 2004 oil price of $39 per barrel. 
This base year price is modified by the percentage change in the 
implicit price deflator as reported by the U.S. Department of Commerce, 
Bureau of Economic Analysis, for the interval between 2004 and year t, 
resulting in the adjusted oil price ceiling for year t. For example, if 
the deflator indicates that inflation is 1.6 percent in 2005, 2.1 
percent in 2006, and 2.5 percent in 2007, then the price ceiling in 
calendar year 2007 would become $41.47 per barrel for oil. Therefore, 
royalty on all oil production in calendar year 2007 would be due if the 
2007 actual NYMEX oil price as calculated above exceeds $41.47 per 
barrel. (See exception in item 5 below.)
    (b) Royalties on oil production, when the actual NYMEX annual price 
of oil exceeds the ceiling price in any calendar year, must be paid no 
later than 90 days after the end of that calendar year. (See 30 CFR 
260.122(b)). Also, when the actual NYMEX annual price of oil exceeds 
the ceiling price in any calendar year, royalties on oil production 
must be provisionally paid in the following calendar year. (See 30 CFR 
260.122(c)).
    4. If the actual NYMEX quarterly price of oil is at or below the 
fixed ``floor'' price threshold of $21 per barrel (the price will not 
be adjusted for inflation) in any calendar quarter, then oil produced 
during that calendar quarter would be royalty free and would not count 
against the lease's remaining RSV. However, if the actual NYMEX 
quarterly price of oil is at or below the floor price after the RSV has 
been fully used, the lessee receives no additional royalty-free 
production.
    The actual NYMEX quarterly price of oil is defined as the 
arithmetic average of the daily closing prices for the ``nearby 
delivery month'' on the NYMEX for oil in the calendar quarter. The 
applicable calendar year quarters are January--March, April--June, 
July--September, and October--December. The actual NYMEX quarterly 
price of oil is calculated by averaging the daily closing prices of oil 
for each month in the quarter, and then averaging the 3 monthly 
averages.
    5. Within the same calendar year, the actual NYMEX quarterly price 
of oil could be equal to or less than the price floor in one or more 
quarters, but the actual NYMEX annual price of oil could be greater 
than the ceiling price. If that were to occur, and the original RSV for 
the lease has not been exhausted, the consequences of the actual NYMEX 
annual price of oil exceeding the price ceiling for the year would 
apply only to oil production during those quarters of the year in which 
the actual NYMEX quarterly price of oil is above the floor price. For 
example, assume that oil production from a lease is 8 million barrels 
in a calendar year, and the actual NYMEX annual price of oil is greater 
than the ceiling price. Assume further that the production of oil from 
that lease is 2 million barrels during a quarter of that same calendar 
year, and the actual NYMEX quarterly price of oil for that quarter is 
equal to or less than the floor price. In this situation, no royalties 
would be due on that quarter's oil production, and the remaining RSV 
for the lease would be unchanged for that quarter. Royalties, however, 
would be due on the 6 million barrels of oil produced during the other 
3 quarters of that year, and the RSV remaining for the lease at the end 
of the year would be 6 million barrels less than it was at the 
beginning of the year.
    6. For purposes of the RSV, a Sale 202 lease that is part of an 
approved unit agreement can only apply allocated production from the 
unit against the lease's RSV if that lease is included in an approved 
participating area. The RSV will be applied to each lease consistent 
with the production allocation schedule approved by the MMS for the 
participating area. Participating area means all or parts of unit 
tracts described and designated as a Participating Area under the unit 
agreement for the purposes of allocating one or more unitized 
substances produced from a reservoir.
    7. Price thresholds apply throughout those periods (calendar year 
for the ceiling and quarter of the year for the floor) that commence 
with some RSV remaining unused.
    8. A lessee must resume paying full royalties on the first day of 
the month following the month in which the RSV is exhausted. Lessees do 
not owe royalties for the remainder of the month in which the RSV is 
exhausted, unless the actual NYMEX annual price of oil exceeds the 
ceiling price threshold for that year.
    9. The MMS will provide notice when the actual NYMEX annual price 
of oil is above the ceiling price threshold, or when the actual NYMEX 
quarterly price of oil is equal to or below the floor price threshold. 
Information on actual and threshold oil prices can be found at the MMS 
Web site (http://www.mms.gov/econ).
    10. Minimum royalty requirements apply during RSV periods. 
Debarment and Suspension (Nonprocurement): 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 pursuant to 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 in their contracts and 
other transactions. Execution of the lease, which includes an Addendum 
specific to debarment, by each lessee constitutes notification to the 
MMS that each lessee is not excluded, disqualified, or convicted of a 
crime as described in 43 CFR 42.335, unless the lessee has provided a 
statement disclosing information as described in 43 CFR 42.335, and the 
MMS receives an exception from the U.S. Department of the Interior as 
described in 43 CFR 42.405 and 42.120.
    Stipulations and Information to Lessees: The document entitled 
``Lease Stipulations and Information to Lessees for Oil and Gas Lease 
Sale 202'' contains the text of the Stipulations and the Information to 
Lessees clauses. This

[[Page 12820]]

document is included in the Final NOS package.
    Method of Bidding: Procedures for the submission of bids in Sale 
202 are described in paragraph 1 below. Procedures for the submission 
of bids for the four blocks in the Disputed Portion of the Beaufort Sea 
will differ as described in paragraph 2 below.
    1. Submission of Bids. 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 202, not to be opened until 9 a.m., 
Wednesday, April 18, 2007.'' The total amount of the bid must be in 
whole dollars; any cent amount above the whole dollar will be ignored 
by 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 Final NOS 202 package.
    2. Submission of Bids in the Disputed Portion of the Beaufort Sea. 
Procedures for the submission of bids on blocks 6201, 6251, 6301, and 
6361 in Official Protraction Diagram NR 07-06 will differ from 
procedures in paragraph (1.) above as follows:
    (a) Separate, signed bids on these blocks must be submitted in 
sealed envelopes labeled only with ``Disputed Portion of the Beaufort 
Sea,'' Company Number, and a sequential bid number for the company 
submitting the bid(s). The envelope thus would be in the following 
format:
    (b) Disputed Portion of the Beaufort Sea Bid, Company No.: 00000, 
Bid No.: 1.
    On or before April 18, 2012, the MMS will determine whether it is 
in the best interest of the United States either to open bids for these 
blocks or to return the bids unopened. The MMS will notify bidders at 
least 30 days before bid opening. Bidders on these blocks may withdraw 
their bids at any time after such notice and prior to 10 a.m. of the 
day before bid opening. If the MMS does not give notice by April 18, 
2012, the bids will be returned unopened. The MMS reserves the right to 
return these bids at any time. The MMS will not disclose which blocks 
received bids or the names of bidders in this area unless the bids are 
opened.
    Restricted Joint Bidders: The MMS published a list of restricted 
joint bidders, which applies to this sale, in the Federal Register at 
71 FR 70530 on December 5, 2006. 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. The MMS may require bidders to submit additional 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 must execute all documents in conformance with 
signatory authorizations on file in the Alaska OCS Region. Partnerships 
also must submit or have on file a list of signatories authorized to 
bind the partnership. Bidders are advised that 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 paying 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 Final NOS 202 package).
    Bonus Bid Deposit: Each bidder submitting an apparent high bid must 
submit a bonus bid deposit to MMS equal to one-fifth of the bonus bid 
amount for each such bid submitted for Sale 202. Under the authority 
granted by 30 CFR 256.46(b), the MMS requires bidders to use electronic 
funds transfer (EFT) procedures for payment of the one-fifth bonus bid 
deposits, following the detailed instructions contained in the document 
``Instructions for Making EFT Bonus Payments'' included in the Final 
NOS 202 package. All payments must be electronically deposited into an 
interest-bearing account in the U.S. Treasury (account specified in the 
EFT instruction) 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, MMS requests that only one transaction be used for payment of 
the four-fifths bonus bid amount and the first year's rental.
    Certain bid submitters [i.e., those that do NOT currently own or 
operate an OCS mineral lease OR those that have ever defaulted on a 
one-fifth bonus payment] will be required to guarantee (secure) their 
one-fifth bonus payment prior to the submission of bids. For those who 
must secure the EFT one-fifth bonus payment, one of the following 
options may be provided: (1) A third-party guarantee; (2) an Amended 
Development Bond Coverage; (3) a Letter of Credit; or (4) 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 sale prior to 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 Final NOS Sale 202 
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. The Attorney General of the United States may also 
review the results of the lease sale prior to the acceptance of bids 
and issuance of leases. Any bid submitted which does not conform to the 
requirements of this Notice, the OCS Lands Act, as amended, and other 
applicable regulations may be returned to the person submitting that 
bid by the Regional Director and not considered for acceptance. To 
ensure that the Government receives a fair return for the conveyance of 
lease rights for this sale, high bids will be evaluated in accordance 
with MMS bid adequacy procedures.
    Successful Bidders: As required by MMS, each company that has been 
awarded a lease must execute all three 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.
    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 Alaska OCS Region. 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 Alaska OCS Region.
    Jurisdiction: The United States claims exclusive maritime resource 
jurisdiction over the area offered. Canada claims such jurisdiction 
over the four easternmost blocks included in the sale area. These 
blocks are located in Official Protraction Diagram NR 07-06 and are 
block numbers 6201, 6251, 6301, and 6351. Nothing in this Notice shall 
affect or prejudice in any manner the position, rights or interests of 
the United States with respect to (1) the nature or extent of U.S. 
internal waters or territorial sea, (2) the U.S. Exclusive Economic 
Zone,

[[Page 12821]]

(3) the U.S. continental shelf, or (4) U.S. sovereign rights or 
jurisdiction for any purpose whatsoever.
    Notice of Bidding Systems: Section 8(a)(8) (43 U.S.C. 1337(a)(8)) 
of the OCS Lands Act requires that, at least 30 days before any lease 
sale, a Notice be submitted to Congress and published in the Federal 
Register. This Notice of Bidding Systems is for Sale 202, Beaufort Sea, 
scheduled to be held on April 18, 2007.
    In Sale 202, all blocks are being offered under a bidding system 
that uses a cash bonus and a fixed royalty of 12\1/2\ percent with a 
royalty suspension of up to 30 million barrels of oil equivalent per 
lease in Zone A of the sale area or with a royalty suspension of up to 
45 million barrels of oil equivalent per lease in Zone B of the sale 
area. The amount of royalty suspension available on each lease is 
dependent on the area of the lease and specified in the Sale Notice. 
This bidding system is authorized under 30 CFR 260.110(g), which allows 
use of a cash bonus bid with a royalty rate of not less than 12\1/2\ 
percent and with suspension of royalties for a period, volume, or value 
of production, and an annual rental. Analysis performed by MMS 
indicates that use of this system provides an incentive for development 
of this area while ensuring that a fair sharing of revenues will result 
if major discoveries are made and produced.

    Dated: March 12, 2007.
R.M. ``Johnnie'' Burton,
Director, Minerals Management Service.

[[Page 12822]]

[GRAPHIC] [TIFF OMITTED] TN19MR07.000

[FR Doc. 07-1298 Filed 3-16-07; 8:45 am]
BILLING CODE 4310-MR-P