Form BOEM-2028 Outer Continental Shelf (OCS) Mineral Lessee's and Opera

U.S. Department of the Interior

OMB Control No.: 1010-0006
Expiration Date: x/xx/2022

Bureau of Ocean Energy Management

Cover Page

OUTER CONTINENTAL SHELF (OCS)
MINERAL LESSEE'S OR OPERATOR'S BOND
Form BOEM-2028
This form dated Month 2019 supersedes all previous versions of form BOEM-2028

All Bond Forms must be submitted with a transmittal letter to the appropriate BOEM office:
Bureau of Ocean Energy Management
Gulf of Mexico OCS Office
1201 Elmwood Park Blvd.
New Orleans LA 70123-2394
Leasing and Financial Responsibility - Mail Stop GM266A
Bureau of Ocean Energy Management
Alaska OCS Office
3801 Centerpoint Drive, Suite 500
Anchorage AK 99503-5820
Alaska Leasing Section
Bureau of Ocean Energy Management
Pacific OCS Office
760 Paseo Camarillo, Suite 102
Camarillo CA 93010
Lease Management

Paperwork Reduction Act of 1995 (PRA) Statement: The PRA (44 U.S.C. 3501 et seq.) requires us to inform
you that BOEM collects this information to hold the surety liable for the obligations and liability of the Principal
(lessee or operator). Responses are mandatory. No proprietary information is collected. An agency may not
conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a
currently valid OMB Control Number. Public reporting burden for this form is estimated to average 15 minutes
per response, including the time for reviewing instructions, gathering and maintaining data, and completing and
reviewing the form. Comments regarding the burden estimate or any other aspect of this form should be directed
to the Information Collection Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road,
Sterling, VA 20166.

BOEM-2028 (Month 2019)
Previous Editions are Obsolete.

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U.S. DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
Bond No._

Lease No.

Bond Type

Amount

OUTER CONTINENTAL SHELF (OCS) MINERAL LESSEE'S OR OPERATOR'S BOND
The Surety is the entity Guaranteeing Performance.
Name of Surety:
Mailing Address:

If a Corporation, Incorporated in the State of:

; County or Parish of:

Check here if Surety is certified by U.S. Treasury as an acceptable surety on Federal Bonds and listed in the current U.S. Treasury Circular No. 570.

The Principal is the Lessee or Designated Operator for Whom the Bond is Issued.
Name of Principal:
Mailing Address:
Schedule A, the region or leases covered by this bond, is composed of: (Check one and add legal description)
The following region:
The following lease(s):

Check here if additional lease information is continued on attached sheet.

.
In addition to the Obligations of the Principal during the period of liability of this bond, the Surety also accepts the following
Obligations: (Check one)
No Obligations other than the Obligations of the Principal during the period of liability of this bond.
All Obligations of all previous Sureties or guarantors even if the Obligations are not Obligations of the Principal during the period
of liability of this bond.
All Obligations of all previous Sureties or guarantors even if the Obligations are not Obligations of the Principal during the period
of liability of this bond with the following exceptions or limitations (use an attached rider).
Definitions

A Principal includes an entity holding an interest in the oil & gas lease in one or more of the following ways: (1)
as an approved record title owner of all or a portion of the lease, (2) as an approved operating rights owner of all or
For the purposes
a portion of the lease, or (3) as a designated operator or designated agent in all or a portion of the lease.
of this document: A Lessee includes an approved record title owner of all or a portion of the lease or an approved operating rights
owner of all or a portion of the lease.
An Obligation includes any obligation arising from any regulations of the Department of the Interior or any
Instrument issued, maintained, or approved under the OCS Lands Act (43 U.S.C. 1331 et seq.).
An Instrument includes individually or collectively any lease, operating agreement, designation of operator or
agent, storage agreement, compensatory royalty agreement, transfer of operating rights, permit, license, or
easement, whereunder the Principal has the right, privilege, or license to conduct operations on the OCS.
A Person includes an individual, a public or private entity, a State, a political subdivision of a State, any association of
individuals, corporations, States, or subdivisions of States, or a government agency.
By signing below, the Principal verifies that the information above is correct and agrees to the following:

Unless as otherwise indicated on Schedule A, the Principal will fulfill all Obligations for the entire leasehold and to the same
extent as though the Principal were the sole lessee for all leases in Schedule A or for all leases for which the Principal has an
interest within a region designated in Schedule A.
By signing below, the Surety verifies that the information above is correct and agrees to the following:
1. The Surety does hereby absolutely and unconditionally bind itself to the United States of America acting through and by the
Bureau of Ocean Energy Management (BOEM), or such other official designated by the Secretary of the Interior for this purpose,
for the performance of all present and future Obligations.
2. The Surety will be responsible for all Obligations of the Principal in existence at the time this document becomes effective and all
Obligations that accrue after that date and until all Obligations are met or until the Regional Director terminates the period of
liability of this bond.
3. If the Regional Director terminates the period of liability of this bond, the Surety will remain responsible for Obligations that
accrued during the period of liability until the Regional Director issues a written cancellation of the bond in favor of the Surety.
4. If this bond is cancelled, the Regional Director may reinstate this bond as if no cancellation had occurred if any payment of any
obligations of the Principal(s) is rescinded or must be restored pursuant to any insolvency, bankruptcy, reorganization, or
receivership, or should the representation of the Principal that it has paid its financial Obligations or performed the other
BOEM-2028 (Month 2019)
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Previous Editions are Obsolete.

5.
6.

7.
8.
9.
10.
11.

12.
13.

Obligations of the lease in accordance with BOEM specifications be materially false and BOEM relied upon such representation
in canceling the instrument.
The Surety waives any right of notice of this bond taking effect and agrees that this bond will take effect upon delivery to BOEM.
The Surety's Obligations will remain in full force and effect, even if:
(a) Any person assigns all or part of any interest in an Instrument covered by this document.
(b) Any person modifies an Instrument or Obligation under an Instrument in any manner including modifications that result from
a commitment to a unit, cooperative, communitization, or storage agreement; suspension of operations or production;
suspension or changes in rental, minimum royalty, or royalties; modification of regulations or interpretations of regulations;
creation or modification of compensatory royalty agreements or payments; or creation of any mortgage, pledge, or other grant
of security interest in the Instruments.
(c) Any person, event, or condition terminates any Instrument covered by this bond, whether the termination is by operation of
law or otherwise.
(d) BOEM takes or fails to take any action in enforcing, as against any party to the Instrument, the payment of rentals or royalties
or the performance of any other covenant, condition or agreement of the lease, or giving notice of or making demand with
respect to such nonperformance.
(e) The Surety suffers any loss by reason of any law limiting, qualifying, or discharging the Principal's Obligation.
The Surety agrees to be bound under this bond as to the interests in any Instrument retained by the Principal when BOEM
approves the transfer of any or all of the Instruments or interests in the Instruments.
In the event of any default under a lease, the Surety must provide payment of all of the cost of the Obligations of the Principal
upon demand by BOEM.
If BOEM decides to commence suit to enforce its rights, it may commence and prosecute any claim, suit, action, or other
proceeding against the Principal and Surety, or either of them, whether or not BOEM joins the lessees or any other party.
In the event there is more than one Surety for the Principal's performance of the Obligations, as to any Instrument, the Surety's
Obligation and liability under this bond is on a “solidary” or “joint and several” basis along with other guarantors or sureties.
The Surety agrees to give prompt notice to BOEM and the Principal of any action filed alleging the insolvency or bankruptcy of
the Surety or the Principal, or alleging any violation that would result in suspension or revocation of the Surety's charter or license
to do business.
The Surety's Obligation and liabilities under this Bond are binding upon the Surety's successors and assigns. Nothing in this
document permits assignment of the Surety's Obligation without the written consent of BOEM.
The Surety hereby waives any defenses to liability on this bond based on an unauthorized Principal signature.

Name of Surety

Name of Principal

Signature of Person Executing for Surety

Signature of Person Executing for Principal

Name and Title (typed or printed)

Name and Title (typed or printed)

Business Address

Business Address

Business Address

Business Address

Signed on this

day of

, 20

, in the State of

Signature of Witness

Signature of Witness

Name (typed or printed)

Name (typed or printed)

Address

Address

_, in the presence of:

Address
Address
Note: The person executing for the Surety must attach a corporate resolution and power of attorney stating his or her authority to
undertake this Obligation, pursuant to the acts of the corporate board of directors and the laws of the State of incorporation. The
corporation executing this bond as Surety and the Principal, if a corporation, must affix their corporate seals.
BOEM-2028 (Month 2019)
Previous Editions are Obsolete.

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