The House this week unanimously passed House Resolution 693 (Rapp-R-Warren) that challenges new regulations imposed by the U. S. Forest Service to limit the development of private oil and gas rights within the Allegheny National Forest

"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," said Rep. Kathy Rapp.

According to Rep. Rapp, the new rules take the form of so-called "design criteria" and "standards" in the Forest Service's latest Land Resources Management Plan for the Allegheny National Forest. 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.

"When the Commonwealth approved the creation of Allegheny National Forest, it did so with the understanding that the federal government would respect and uphold the rights and interests of the individuals and companies who share ownership of this wonderful natural resource as required by law," said Rep. Rapp. "This so-called Land Resources Management Plan completely undercuts an effective regulatory policy that was designed to keep the federal government from blatantly trespassing on both the private property and day-to-day activities of private entrepreneurs where it has no authority to do so."

As further evidence, Rep. Rapp cites the Weeks Act of 1911, the law granting the federal government the authority to purchase lands for National Forest Reserves in the Eastern United States. She explains that the federal law mandated the Commonwealth to approve the creation of Allegheny National Forest and also established firm limits on the Forest Service's authority to regulate private property rights that it did not purchase.

The Weeks Act clearly states in no uncertain terms that the Forest Service may regulate private mineral rights, easements and other private property interests associated with purchased forest lands only to the extent that such rules and regulations are contained in the deeds conveying ownership of the lands to the United States.

Rep. Rapp maintains that the new forest management plan reverses long-standing Forest Service practices and rewrites national policy.

"Current law is crystal clear when it comes to restricting the amount of oil, natural gas and other resources that can be produced by non-government employers operating in Allegheny National Forest," said Rep. Rapp. "The Weeks Act specifically prohibits such regulation, and there is no other federal law conferring such authority to the Forest Service. The Forest Service's unwarranted decision to adopt this plan sets the stage for a lot of unnecessary litigation, and worst of all, holds the potential to seriously jeopardize future economic growth and job creation in the rural communities that comprise the Allegheny National Forest area."

Rep. Rapp's resolution states that the Commonwealth's consent to the creation of the Allegheny National Forest was based on the clear authority and restrictions contained in the Weeks Act. It also reminds the U.S. Forest Service of the limits on its authority to regulate private property within Allegheny National Forest.

"The U.S. Forest Service should step back from these misguided and uninvited new rules to embrace the proper relationship it has maintained with private natural resources producers for nearly a century," said Rep. Rapp. "That means recognizing that the federal government is neither the Chief Executive Officer, nor an equal stakeholder with private land owners or private industry. In reality, the Forest Service is a taxpayer funded servant that is legally bound from interfering with privately purchased mineral rights or private economic development."

4/11/2008