Handbook update clarifies use of mineral materials on split estate lands
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GRAND JUNCTION, Colo. – The Bureau of Land Management (BLM) updated its Mineral Materials Disposal Handbook to ensure consistency among BLM offices and provide clarity for companies working on split estate lands.
The guidance clarifies that a permit is not needed if a company is moving mineral materials such as sand or gravel within the boundaries of a site that has a split estate as long as the material is not used for other construction purposes. If the materials are mixed, altered or used for any construction purposes like building roads, foundations or landscaping, then a permit would be required.
“The handbook update is part of the BLM’s commitment to being a good neighbor, providing regulatory clarity and certainty, and supporting local businesses that operate on Federal lands,” said Nick Douglas, Assistant Director of Energy, Minerals, and Realty Management.
The Materials Act of 1947 authorizes the Secretary to “dispose of mineral materials” from the public lands of the United States when it is “not detrimental to the public interest” and “upon the payment of adequate compensation therefor, to be determined by the Secretary.”
The BLM’s regulations implementing this authority require mineral materials to be sold at no less than fair market value. Removal of mineral materials without a sales contract constitutes unauthorized use, subjecting the unauthorized user to liability for damages to the United States.
On split estate lands, the surface is owned by a company or individual while the mineral estate remains the property of the Federal government. with reserved federal minerals, the surface owner may generally only “use” mineral materials under a BLM-issued sales contract or permit.
The updated handbook is available at https://www.blm.gov/sites/blm.gov/files/H-3600-1%20rel%203-358_0.pdf.
The BLM manages more than 245 million acres of public land located primarily in 12 western states, including Alaska, on behalf of the American people. The BLM also administers 700 million acres of sub-surface mineral estate throughout the nation. Our mission is to sustain the health, diversity, and productivity of America’s public lands for the use and enjoyment of present and future generations.