Legislation introduced by U.S. Rep. Glenn “GT” Thompson (R-PA) to preserve energy production and private mineral rights in the Allegheny National Forest (ANF) cleared the House with bipartisan support on Monday.
The U.S. Forest Service was required to draft new regulations for oil and gas production in the ANF under a federal law that was passed in 1992. However, as the minerals in this National Forest are privately owned, federal courts found on multiple occasions that the Forest Service lacked authority to do so.
The Cooperative Management of Mineral Rights Act, H.R. 2316, would address the issue by repealing the 1992 requirement.
“This legislation will prevent future lawsuits that impede oil and gas production and will ensure that individuals with sub-surface rights can access their property,” said Thompson, a member of the House Natural Resources Subcommittee on Energy and Mineral Resources.
The Allegheny National Forest, the only national forest in Pennsylvania, is located in Thompson’s home district in northwestern Pennsylvania. “Oil and gas has been produced from privately owned sub-surface minerals within the forest for decades, and mineral owners worked cooperatively with the Forest Service to safely produce oil and gas within the national forest boundaries,” Thompson said in remarks on the House floor.
Prior to 2006, ANF mineral rights owners would provide 60 days advance notice of drilling, and the Forest Service would issue a notice to proceed (NTP). In 2006, however, the Forest Service deemed issuance of the NTP a major federal action under the National Environmental Policy Act, Thompson explained.
“This designation requires a full environmental analysis of the Allegheny National Forest, and environmental groups were quick to sue the Forest Service to enforce the new rule,” Thompson said. “After settling with these groups, the Forest Service issued a moratorium when issuing NTPs until the full environmental analysis was completed. This moratorium had immediate and severe impacts on the mineral rights owners, who were unfairly denied access to their mineral property.”
The oil and gas industry successfully sued, claiming that the Forest Service didn’t have authority to develop privately owned minerals, Thompson added, and the moratorium was lifted in 2009. The lower court’s decision was confirmed on appeal in 2013.
“This bill fully repeals the invalidated language from the Mineral Leasing Act and the Energy Policy Act of 1992 in accordance with these court decisions,” he said.