CHAPTER 6 FEDERAL LAND STATUS RECORDS
| Jurisdiction | United States |
(Sep 2007)
FEDERAL LAND STATUS RECORDS
Attorney
Throne Law Office
Sheridan, Wyoming
S. Thomas Throne is an attorney in Sheridan, Wyoming specializing in oil and gas matters. Tom has practiced in Sheridan since 1979, starting out with Lonabaugh & Riggs before commencing his own practice in September 1982. Since 1982, Mr. Throne has been a sole practitioner mostly. He currently employs one attorney, Michael James, who was a landman before practicing law.
Tom specialized in representing oil companies in preparation of title opinions, administrative hearings in front of the Wyoming Oil and Gas Conservation Commission, litigation surrounding operating agreements and surface use issues. Tom was active on the coalbed methane ad hoc committee that secured the passage of the Enzi bill in the fall of 1998.
In addition, Tom has been trustee for the Wyoming State Bar Association to the Rocky Mountain Mineral Law Foundation and is a member of the Public Lands Committee of the Interstate Oil and Gas Compact Commission on behalf of the State of Wyoming. Tom was raised in a ranch in Campbell County, Wyoming that the family still owns. In addition to representing oil companies, Tom is the owner of mineral rights in Campbell County, Wyoming.
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TABLE OF CONTENTS
GOVERNMENT AGENCIES
I. Bureau of land Management
A. Background
B. Mission
C. Terminology
D. State Offices
II. Minerals Management Service
A. Background
B. Mission
C. Resources
D. Organization and Contact Information
III. United States Forest Service
A. Background
B. Mission
C. Resources
D. Organization
IV. Bureau of Reclamation
A. Background
B. Mission
C. Resources
IV. Federal Energy Regulatory Commission
A. Background
B. Mission
C. Strategic Plan FY 2006-2011
D. Resources
E. FERC Online
F. Organization
V. Office of Surface Mining
A. Background
B. Mission
C. Resources
D. Organization
Public Land Law Concepts Relating to Patents
I. Patent as an Adjudication and Free from Collateral Attack
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A. Background Information
B. Collateral Attack
C. Direct Attack
D. Limitation on Attacking Patents
E. Void Patents
F. Defenses
II. Nature of Patent as a Quitclaim
III. Omitted but Required Patent Reservations Deemed Implied
Public Land Law Concepts Relating to Public Records
A. Tract Book Rule
Federal Oil and Gas Files
Land Records Websites
I. Geocommunicator
II. LR 2000
III. Wyoming Oil and Gas Commission Website
IV. Colorado Oil and Gas Commission Website
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GOVERNMENT AGENCIES
I. Bureau of land Management
1849 C Street, Room 406-LS
Washington, DC 20240
http://www.blm.gov/wo/st/en.html
A. Background
The Bureau of Land Management (BLM) was established in 1946 through the consolidation of the General Land Office (created in 1812) and the U.S. Grazing Service (formed in 1934). The functions of the BLM are also addressed in the Federal Land Policy and Management Act of 1976 (FLPMA).
The BLM is responsible for carrying out a variety of programs for the management and conservation, of resources on 258 million surface acres, as well as 700 million acres of subsurface mineral estate, These public lands make up about 13 percent of the total land surface of the United States and more than 40 percent of all land managed by the Federal government.
Most of the public lands are located in the Western United States, including Alaska, and are characterized predominantly by extensive grassland, forest, high mountain, arctic tundra, and desert landscapes. The BLM manages multiple resources and uses, including energy and minerals; timber; forage; recreation; wild horse and burro herds; fish and wildlife habitat; wilderness areas; and archaeological, paleontological, and historical sites.
In addition to its minerals management responsibilities noted above, the BLM administers mineral leasing and oversees mineral operations on Federal mineral estate underlying other state, private, or Federally-administered land, and manages most mineral operations on Indian lands.
The public lands provide significant economic benefits to the Nation and to states and counties where these lands are located. Revenues generated from public lands make BLM one of the top revenue-generating agencies in the Federal government. In 2007, for instance, BLM's onshore mineral leasing activities will generate an estimated $4.5 billion in receipts from royalties, bonuses, and rentals that are collected by the Minerals Management Service. Approximately half of these revenues will be returned to the States where the mineral leasing occurred.
The Bureau administers about 57 million acres of commercial forests and woodlands through the Management of Lands and Resources and the Oregon and California Grant Lands appropriations. Timber receipts (including salvage) are
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estimated to be $55.4 million in fiscal year 2007, compared to estimated receipts of $33 million in Fiscal Year 2006 and actual receipts of $13.5 million in Fiscal Year 2005.
Under its multiple-use management mandate, the Bureau administers more than 18,000 grazing permits and leases and nearly 13 million authorized livestock animal unit months on 160 million acres of public rangeland. BLM manages rangelands and facilities for 57,000 wild horses and burros. The 258 million acres of public land administered by the BLM includes over 117,000 miles of fisheries habitat.
The Bureau has an active program of soil and watershed management on 175 million acres in the lower 48 states and 86 million acres in Alaska. Practices such as re-vegetation, protective fencing, and water development are designed to conserve, enhance public land, including soil and watershed resources. The BLM is also responsible for fire protection on public lands and on all Interior Department in Alaska, as well as for wildfire management on the public lands on the public lands in Alaska and the Western States.
The job of balancing this mix of resources and uses grows more complex each year, as the West's population growth creates new pressures and heightens existing management challenges. With over 68.3 million people living in the region today, the West continues to be the fastest-growing area in the nation. This growth -- and the urbanization that accompanies it -- places new demands on BLM-managed land.
B. Mission
It is the mission of the Bureau of Land Management to sustain the health, diversity, and productivity of the public lands for the use and enjoyment of the present and future generations.
C. Terminology
Cadastral Survey- The rectangular survey system enacted into law by the Land Ordinance of 1785 which forms the backbone of the Nation's land surveys.
Environmental Assessment (EA)- A concise public document that a Federal agency prepares under NEPA to provide sufficient evidence and analysis to determine whether a proposed agency action would require preparation of an environmental impact statement EIS or a finding of no significant impact. A Federal agency may also prepare an EA to aid its compliance with NEPA when no EIS is necessary or to facilitate preparation of an EIS when one is necessary. An EA must include brief discussions of the need for the proposal, alternatives, environmental impacts of the proposed action and alternatives, and a list of agencies and persons consulted.
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Environmental Impact Statement (EIS)- Document used to evaluate any major Federal action significantly affecting the quality of the human environment. The statement includes, among other information, discussions of the environmental impacts of the proposed action and all reasonable alternatives, adverse environmental effects that can not be avoided should the proposal be implemented, the relationship between short term uses of the human environment and enhancement of long-term productivity, and any irreversible and irretrievable commitments of resources.
Federal Land Policy and Management Act of 1976 (FLPMA)- The FLPMA is the principal law governing how the BLM manages public lands. It guides the BLM in management, protection, development, and enhancement of the public lands. FLPMA specifically requires the agency to manage for the multiple use and sustained yield of public land resources for both present and future generations.
GeoCommunicator- Publication site for the Bureau of Land Management's National Integrated Land System (NILS) transaction applications (Survey Management, Measurement Management, and Parcel Management). GeoCommunicator provides searching, accessing and dynamic mapping of data for federal land stewardship, land and mineral use records from BLM's LR2000, and land survey information.
Geographic Information Systems (GIS)- GIS provides the means for storing, querying, analyzing, correlating, modeling and displaying digital cartographic data, remotely sensed imagery, and geographically referenced field survey and sampling data.
Historical Index- Historical Indices provide a history of the land status by identifying all past and present actions that affect title to Federal lands and is recorded in chronological order.
Gold Book-The Surface Operating Standards and Guidelines for Oil and Gas Exploration and Development was developed to assist operators by providing information on the requirements for obtaining permit approval and conducting environmentally responsible oil and gas operations on Federal lands. Operations include exploration, production, reclamation, associated rights of-way (ROWs), and Special Use Authorizations (SUAs). The Gold Book provides operators with a combination of guidance and standards for ensuring compliance with agency policies and operating requirements, such as those found in the Code of Federal Regulations at 43 CFR 3000 and 36 CFR 228 Subpart E; Onshore Oil and Gas Orders (Onshore Orders); and...
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