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<br /> <br />6, 1997 a field inventory was conducted to verify the file <br />information which confirmed that no listed species or habitat <br />were present. <br />On June 5, 1997 the mineral evaluation test pits were dug, with a <br />BLM Archeologist monitoring the digging. <br />Daren R. & Kathy J. Stone acquired the mineral estate to the <br />subject land on September 10, 1997. <br />Several on-site visits occurred with the proponent and numerous <br />contacts were made by phone, fax and letter prior to receipt of a <br />copy of Mr. Stone's DDiG application received at the BLM office on <br />September 30, 1997. <br />JURISDICTIONAL STATUS <br />This 160-acre parcel is a type of land referred to as "split <br />estate". Title left the United States on July 18, 1893, under <br />Homestead Certificate No. 262, Durango Land District. No <br />minerals were reserved to the United States. <br />By warranty deed dated January 27, 1950, the then owners <br />reconveyed the 160-acre parcel to the United States in an <br />exchange of land, Salt Lake City 066994, with the Bureau of Land <br />Management under authority of Section 8 of the Taylor Grazing Act <br />of June 26, 1934 (48 Stat. 1269), as amended by Section 3 of the <br />Act of June 26, 1936 (49 Stat. 1976). <br />The grantors reserved to themselves, their heirs and assigns, <br />forever, all of the oil, gas and other minerals of every kind or <br />nature soever, lying in, under or upon the described real <br />property. This privately owned mineral estate is the dominant <br />estate. The United States, as owner of the surface has only the <br />servient estate. <br />The United States reserved to itself all minerals in the public <br />land in Utah conveyed to the exchange proponent, together with <br />the right to prospect for, mine and remove the same as authorized <br />by the provisions of Section 8 of the Taylor Grazing Act. The <br />federally owned mineral estate is the dominant estate. The <br />privately owned surface is only a servient estate. <br />In Duncan Energy Company v. United States Forest Service, March <br />21, 1995, it was decided that the U.S. government (USFS) is <br />correct in regulating activities on public land, including <br />limiting disturbed areas to "reasonably necessary", but may not <br />veto mineral development, when the minerals are owned privately. <br />Since the Stone's are presently the ovmers of the subject mineral <br />estate, BLM has worked closely with them to minimize impacts and <br />protect cultural and other surface resources, without unduly <br />interfering with the exercise of their mineral development <br /> <br />