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Split Estate In split estate situations, the surface rights and subsurface rights (such as the rights to develop minerals) for a piece of land are owned by different parties. In these situations, mineral rights are considered the dominant estate, meaning they take precedence over other rights associated with the property, including those associated with owning the surface. However, the mineral owner must show due regard for the interests of the surface estate owner and occupy only those portions of the surface that are reasonably necessary to develop the mineral estate.
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Broadly speaking, split estate may take many different ownership forms. However, BLM policy applies only to 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.
For more information about how the surface and subsurface estates became separated and how the BLM manages split estate, please view the following slide show:
Split Estate: Private Surface/Public Minerals—What Does it Mean to You? PDF | PowerPoint
BLM Sends Report on Split Estate Issues to Congress
In the Energy Policy Act of 2005, Congress ordered a report reviewing current policies and practices that the BLM uses in managing oil and natural gas resources in split estate situations. Congress directed the BLM to consult with affected property owners, representatives of the oil and gas industry, and other interested parties while completing the review to consider how best to facilitate reasonable access for Federal oil and gas activities and minimize impacts to privately owned surface. The BLM transmitted this report to Congress in December of 2006.
Split Estate Federal Oil and Gas Leasing and Development Practices | PDF | Word |
| Appendix A-F of the Report | PDF | Word |
| FACT SHEET-- Report to Congress | PDF | Word |
Public Consultation
As directed by Congress, the BLM consulted with affected property owners, representatives of the oil and gas industry, and other interested parties as it prepared the report. Comments were accepted via e-mail at splitestate@blm.gov from December 23, 2005 through April 1, 2006. A total of 3,248 e-mail comments were received; 3,083 of these were nearly identical, while 165 commenters submitted unique comments. The BLM also held listening sessions in four Western States and the District of Columbia. More than 360 people attended the listening sessions, and 102 speakers offered comments to the panel.
Split Estate and Land Mangement Policy
The BLM manages the public lands, including the Federal mineral estate, to enhance the quality of life for present and future generations of Americans, under a mandate of multiple use as described in the Federal Land Policy and Management Act. The Mineral Leasing Act guides the land use planning, leasing, bonding, operations and reclamation associated with all development of Federal oil and natural gas resources.
In split estate situations the BLM must comply with the provisions of the statute under which the surface was patented and the mineral rights reserved to the Federal government. These include the Coal Lands Acts, the Agricultural Entry Act, and the Stock Raising Homestead Act.
For more information about the rights, responsibilities, and opportunities afforded the BLM, oil and gas lessee/operator, and the surface owner, please view the following brochure. The brochure may also be available in your local BLM office.
Split Estate Brochure: Rights, Reponsibilities, and Opportunities PDF | Word
Reference Links
Energy Policy Act, Section 1835 - Split Estate | PDF | Word |
| Gold Book text on Split Estate | PDF | Word |
| IM 2003-131 Split Estate | PDF | Word |
| IM 2007-021 Split Estate Leasing and Planning | PDF | Word |
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