Should Congress Revise Mineral Rights Laws for the Allegheny National Forest to Comply With Court Rulings? (H.R. 2316)

What is H.R. 2316?

(Updated August 23, 2019)

This bill would repeal requirements regarding the development of privately-owned oil and gas deposits on certain lands within the Allegheny National Forest in Pennsylvania. In 2007, the Forest Service imposed a moratorium on granting a “Notice to Proceed” to owners of mineral rights who submitted 60-day notices to drilling plans, declaring a moratorium while an environmental review could be carried out. A federal district court ruled against the Forest Service in 2009 and again on appeal in 2013, rejecting the Forest Service’s authority to restrict drilling. This bill would clarify the Forest Service’s role under the rulings and reaffirm the legal supremacy of privately-held mineral rights.

This bill would also repeal a provision of current law that allows the Forest Service to sell any timber removed to make way for oil and gas development directly to the company developing the resources.

Argument in favor

Courts have ruled that the Forest Service doesn’t have the authority to regulate oil and gas development on portions of the Allegheny National Forest where mineral rights are privately-held, and Congress should revise the law to reflect that.

Argument opposed

Despite the rulings of a district court and appeals court, the Forest Service should have the authority to regulate oil and gas development on portions of the Allegheny National Forest where mineral rights are privately-held.

Impact

Owners of mineral rights in the Allegheny National Forest that wish to develop oil and gas resources; and the Forest Service.

Cost of H.R. 2316

The CBO estimates that enacting this bill would have a negligible impact on the federal government.

Additional Info

In-Depth: Sponsoring Rep. Glenn Thompson (R-PA) introduced this bill to protect the rights of private mineral owners in the Allegheny National Forest following court rulings that blocked the Forest Service from regulating their development:

“This legislation reaffirms nearly a century of cooperation between the owners of private mineral rights in northwestern Pennsylvania and the federal government. Despite repeated attempts by extreme environmental groups to shut down energy production in the Allegheny National Forest, the legislation will provide certainty and protect the jobs and communities that rely on the Forest’s resources.”

This legislation was passed by the House Natural Resources Committee by unanimous consent and has the support of one cosponsor, Rep. Al Green (D-TX). This bill’s predecessor from the last Congress passed the House on a 395-3 vote, but stalled in the Senate.

Of Note: The Allegheny National Forest covers more than 500,000 acres in northwestern Pennsylvania.

Media:

• Sponsoring Rep. Glenn Thompson (R-PA) Press Release
  
• CBO Cost Estimate
  
• Ripon Advance (Previous Version)