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House challenges Forest Service limit on oil/gas rights
By MIKE SCHREIBER
Era Associate Editor
The state House has enacted a resolution challenging new regulations imposed by the U.S. Forest Service to limit the development of private oil and gas rights on the Allegheny National Forest.
Local House members — Reps. Kathy Rapp, R-Warren, Martin Causer, R-Turtlepoint, and Dan Surra, D-Kersey — signed off on the measure, which is not binding and is meant to send a message to federal officials that they are interfering with private property rights — mainly mineral rights — on the forest.
Some believe the matter could eventually end up in litigation if a compromise isn’t reached.
“Through this plan, the Forest Service is asserting new and unprecedented authority to control private oil and gas development as well as restricting producer access to their mineral rights,” Rapp, the sponsor of the resolution, said Wednesday.
“In addition to throwing up yet another unnecessary obstacle on Pennsylvania’s road to foreign energy independence, I am gravely concerned that this new Allegheny National Forest management plan oversteps the limits of federal law that authorized the creation of the forest 97 years ago.”
Rapp said the state has jurisdiction over property not owned by the Forest Service.
Allegheny National Forest spokeswoman Kathy Mohney did not immediately comment on the resolution, adding forest officials were reviewing it.
The action comes mere weeks after the Forest Service told Allegheny National Forest officials to redo parts of its bulky management plan to clarify its authority to manage oil and gas drilling.
The forest plan — which still faces numerous appeals — also does not take into account drilling’s effect on air quality. Officials also didn’t allow the public to comment on changes concerning oil and gas development that were made between the plan’s draft and final versions.
In February, the Pennsylvania Oil and Gas Association said it felt the Forest Service was targeting the industry in the plan and was seeking the backing of local municipal officials to help fight it.
There are currently about 60 oil and gas producers working on the forest. Both POGAM and its members have filed numerous appeals against the plan.
As it stands, the Forest Service owns the surface, but not the underground mineral rights on the forest. More than 90 percent of the mineral rights are privately held. Oil and gas industry officials said those rights allow the owner a guaranteed right of entry to extract the oil and gas.
POGAM Executive Director Steve Rhoads said he was pleased with the House action, saying “the soon to be complete land resources management plan flies squarely in the face of the Weeks Act.”
The Weeks Act of 1911 granted the federal government the authority to purchase lands for National Forest Reserves in the Eastern United States. The law mandated the state approve the creation of the Allegheny National Forest and established firm limits on the Forest Service’s authority to regulate private property rights that it did not purchase.
“We think they are overstepping their bounds in a huge way,” Rhoads said in regards to the Forest Service’s recent changes in policy. “Generally speaking, we have all lived with a mutual respect for each others rights and responsibilities. But, this forest plan jettisons that history and takes the forest plan in a new direction that it was never meant to go.
“This plan is an attempt to put a stranglehold on the oil and gas industry.”
Not everybody agrees with that assessment, however.
“We don’t know why the state House is wasting its time passing meaningless resolutions,” Allegheny Defense Project Forest Watch Coordinator Ryan Talbott said. “The issues raised by representative Rapp are moot because the Washington office of the Forest Service rescinded the guidelines in February.
“Nevertheless, it’s disappointing to see the oil and gas industry writing press releases for state representatives.”
Causer said the Forest Service has continually thrown up roadblocks for the oil and gas industry.
“It’s (resolution) sending a strong message to the U.S. Forest Service that these are private property rights and the people that own those rights should have access to them,” Causer said. “They (Forest Service) shouldn’t be throwing up roadblocks for people.”
Causer said local oil and gas producers are growing frustrated with the regulations being imposed on them.
“It seems though the Forest Service has taken the attitude that if they keep throwing up roadblocks, maybe they (producers) will go away and won’t want to access those minerals,” Causer said.
Locally, Minard Run Oil Co. President and Chief Executive Officer Fred Fesenmyer said there has to be a willingness by all parties involved to sit down and talk about the issues with the intention of resolving any differences.
“It’s a huge, huge problem,” Fesenmyer said. “If we can’t sit down and talk, it’s going to end up in an ugly battle. Communication is the key or there will continue to be issues. We (industry) are not rapers and plunderers. The money we make goes right back into the ground.”
Fesenmyer said that communication is equally important within the hierarchy of the Forest Service itself.
“There are times when issues develop with the forest because perhaps they don’t fully understand what is trying to be accomplished,” Fesenmyer said. “We have business to take care of on a day-to-day basis. We would like to think the Forest Service would look at that. But, if a decision is made by the Forest Service that involves some of these outside issues, just tell us.”
Where the matter ends up is not clear.
“We are considering all of our options when it comes to this,” Rhoads said.
All three lawmakers are currently up for re-election in the April 22 primary election.
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