BLM explores split estate issues, seeks recommendations

As part of efforts to implement the Energy Policy Act of 2005, the Bureau of Land Management (BLM) has begun of a review of current policies and practices that the agency uses in managing oil and natural gas resources in split estate situations. The Energy Policy Act requires that the BLM consult with affected property owners, representatives of the oil and gas industry, and other interested parties as it conducts the review.

In split estate situations, the surface rights and subsurface rights (such as the rights to develop minerals) for a piece of land are held by different parties. The Energy Policy Act is specifically concerned with situations where surface rights belong to private individuals while the rights to oil and natural gas resources are publicly held and managed by the federal government.

The BLM has established a website to facilitate consultation. The site includes instructions for submitting written comments on preliminary drafts of the report that will be sent to Congress following completion of the review. The URL is http://www.blm.gov/bmp. The recommendations sections of the drafts have been left blank to encourage broad consideration and participation.

“This website will give those with an interest in split estate issues the opportunity to review background material and documents and submit ideas and recommendations to the BLM for consideration,” said deputy BLM director Jim Hughes. “The BLM welcomes this opportunity to ensure that stakeholder concerns are addressed, including those involving surface owner protections.”

An e-mail has been sent to parties with a known interest in the management of the federal oil and natural gas mineral estate underlying privately owned surface estate, inviting them to visit the website. In addition, the BLM plans to schedule several Listening Sessions in late winter/early spring 2006 to gather additional comments and recommendations as it prepares the final report to Congress.

The BLM manages 261 million surface acres located mostly in 12 Western States, including Alaska - more land than any other federal agency. The Bureau also administers 700 million acres of sub-surface mineral estate throughout the US. Managing these lands gives the BLM a central role in implementing the Energy Policy Act of 2005. Acting as steward of numerous energy resources - coal, oil and gas, geothermal, hydropower, solar, wind, and biomass energy resources - is part of the agency’s multiple-use mission to sustain the health and productivity of the public lands for the use and enjoyment of present and future generations. $