Well, all mineral rights below public lands and waters do belong to all of us.
Mineral rights below private lands reside with the private landowner. Unless they are severed.
"Severed minerals" occur when the landowner sells his surface rights but retains the mineral rights. This can prove for sticky situations should drilling and production of those minerals take place. The mineral owner can enter into a lease contract with little to no input from the surface owner. Locations, roads, tank batteries, storage facilities, etc. can be a huge pain in the ass for a farmer as example.
In Illinois, we recently adopted the "Drilling Operations Act" which allows for addressing issues that can crop up under this circumstance. Take a look....
765Â ILCSÂ 530/Â Â Drilling Operations Act.
Back to public lands/waters... the federal government isn't in the extraction business (exceptions maybe), so if the feds decided to retain 100% minerals they would have to hire a league of industry workers from all diciplines. Managing such operations is a science in itself, so it would stand to reason that feds would also need to hire project managers and foremen... from industry. It's a monumental expense. And as I've stated, even the best geosciences don't guarantee that you'll find a damned thing under those lands or waters.
So, the feds execute an oil and gas lease with a company that has the expertise and resources to provide a "turn key" service. In return, the feds (us, the mineral owners) recieve an industry-standard 12.5% (0.125 or 1/8) royalty in all future production. Free and clear of all expenses and risk. Sometimes that royalty is negotiated higher or lower.
That's all for now. Time to git drunk.
