Reservations are often used in conjunction with exceptions. Thus, on many 



of the refuges, the sellers of the land to the U.S. Government reserved the 



oil and gas for themselves, both where they had not leased the minerals and 

 where they had. 



Ownership Circumstances on National Wildlife Refuges 



Courts have disregarded the subtle distinction between exception and reser- 

 vation and have focused on the intent in either case to retain and control the 

 mineral estate by the seller (Hemingway, 1971). The net result of these condi- 

 tions of ownership is that holders of exceptions, leases, reservations, etc. 

 have developed a clear set of legal precedents giving them the right to sell, 

 lease, explore, and extract oil and gas. Furthermore, in most instances they 

 may utilize the surface lands in nearly any way they see fit in pursuit of these 

 ends, often for as long as there is oil and gas to be extracted. 



In the case of federally owned oil and gas, the U.S. Government has absolute 

 control over development. Either it is not allowed, or it is allowed through 

 a restrictive lease and with on-site direction by officials, including refuge 

 management. However, Federal ownership of refuge oil and gas is rare. 



More frequently, minerals are leased to a third party and in the same 

 agreement are reserved by the seller for himself. In this case, the refuge 

 has minimal authority as the surface owner since the lease predates the purchase 

 agreement. General State and Federal environmental regulations and laws are 

 still applicable, however. The same holds true if the minerals are actually 

 owned by a different party and the owner develops the oil and gas resources 

 himself (e.g., as in the Sabine Refuge). 



If, however, the owner or person reserving the minerals leases the oil 

 and gas after the purchase agreement is made (barring specific contract clauses 

 to the contrary), the lessee will be subject to apply for and receive permits 

 with stipulations consistent with deed clauses. The lessee cannot be prohibited 

 from exploring for and producing oil and gas, but he may be required to fulfill 

 certain stated conditions in the process. 



Consequently, if it is known that minerals exist in commercial quantities 

 under refuge lands, it is almost certain that attempts will be made to extract 

 and develop them at some time. If the minerals are federally owned, the USFWS 

 will have considerable control over developmental actions. If the minerals 

 are excepted or reserved, however, the ability to manage the mineral development 

 to protect or promote other land uses may range from a moderate amount of author- 

 ity to almost no control. 



A statement in many judgements concerning use of surface lands declares 

 fhat the mineral owner or lessee may occupy as much of the surface as is 

 "necessary and convenient" for his purposes. Through precedent, it has been 



