- In the United States, the minerals underneath privately owned land usually belong to the owner of the surface. Exceptions exist when a previous owner sold the mineral rights, or when the first private owner of the property took the land under a reservation of mineral rights to the federal or state government. If you own land, look at your title insurance policy under "Exceptions". If there is no exception for mineral rights listed, you probably own them and are free to sell them to someone else. Nevertheless, a full title search at the county Land Records Office would provide greater certainty.
- Minerals underneath state and federal lands belong to the state and local governments, respectively. In most of the rest of the world, underground minerals are considered to be national property and are owned by the government, even if they are located beneath privately owned land. If you live outside the US and want to obtain rights to explore for minerals under either public or private land, you will probably have to petition the government for a license to lease mineral rights and conduct exploration. For rights to explore under US federal lands, you should contact the US Bureau of Land Management. Each state has its own department dealing with the leasing of stte-owned mineral rights.
- Under the U.N. Law of the Sea Convention, most nations claim an exclusive economic zone up to 200 miles from their shores where geography permits, and some nations claim even further limits. Minerals in these zones are considered the property of the government of the nation that claims the zone. In the United States, minerals underneath the seabed up to 3 nautical miles from shore belong to the government of the state that the shoreline belongs to. In June 2006, the United States lifted a 25-year ban on offshore drilling that covered most of the U.S. exclusive economic zone. Acquisition of offshore mineral exploration rights is usually obtained through a competitive bidding process.
- Environmental legislation has a great influence on mineral exploration. Offshore, federal legislation designed to protect wildlife and prevent water pollution impact the way exploration is conducted. On land, state and federal environmental regulations are designed to prevent air and ground pollution; state laws prevent exploration activities from becoming a nuisance to those living on the surface; and local zoning laws prevent exploration activities from occurring in heavily populated areas. The process of obtaining mineral rights should include local legal advice.
- Because oil and natural gas are often found in the same vicinity, it makes sense to acquire the rights to search for both of them at the same time. From the point of view of an extraction company, a lease with an indefinite number of automatic renewals at the lessee's option--or the option to purchase after a certain period--is ideal. Nevertheless, a short but renewable initial term will protect an extraction company if significant mineral deposits are not found.
