[Congressional Record Volume 162, Number 133 (Tuesday, September 6, 2016)]
[House]
[Pages H5063-H5064]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COOPERATIVE MANAGEMENT OF MINERAL RIGHTS ACT OF 2016
Mr. THOMPSON of Pennsylvania. Mr. Speaker, I move to suspend the
rules and pass the bill (H.R. 3881) to amend the Mineral Leasing Act to
repeal provisions relating only to the Allegheny National Forest, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3881
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cooperative Management of
Mineral Rights Act of 2016''.
SEC. 2. REPEAL OF PROVISIONS REGARDING THE ALLEGHENY NATIONAL
FOREST.
(a) Repeal.--Subsection (o) of section 17 of the Mineral
Leasing Act (30 U.S.C. 226) and 2508 of the Energy Policy Act
of 1992 (Public Law 102-486; 106 Stat. 3108) are repealed.
(b) Notice Requirement Not Affected.--Nothing in this Act
shall be construed or interpreted to (1) limit, modify, or
otherwise affect the existing requirement to provide in
writing 60-day advance notice of specific activities in
accordance with the order dated December 16, 1980 in the case
United States of America v. Minard Run Oil Company, 1980 U.S.
Dist. LEXIS 9570 (W.D. Pa., Dec. 16, 1980); or (2) limit
existing authority of the Forest Service under 16 U.S.C. 551.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Thompson) and the gentleman from Colorado (Mr. Polis)
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. THOMPSON of Pennsylvania. Mr. Speaker, I ask unanimous consent
that all Members may have 5 legislative days to revise and extend their
remarks and include extraneous materials on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. THOMPSON of Pennsylvania. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, I very much appreciate the opportunity to bring my
legislation, the Cooperative Management of Mineral Rights Act of 2016,
to the floor today.
The Speaker's Task Force on Reducing Regulatory Burdens cited many
examples from across the country of how our Nation's regulatory system
is constricting both job growth and economic development. This
legislation solves one such example in my district, where gross
regulatory overreach by the U.S. Forest Service, in partnership with
environmental groups, sought to halt American energy production in the
Commonwealth of Pennsylvania.
This energy production has occurred for generations in the region
through conventional methods and remains a staple industry throughout
many communities in the region. More recently, responsible energy
development in the Marcellus shale has occurred in my district, which
has pushed the United States to lead the world in energy production.
Just a few years ago, American families were forced to pay absurd
energy prices and to look to foreign countries to meet our energy
needs. Today, Pennsylvanian energy is reducing prices and meeting our
Nation's demands, while also employing thousands of American workers.
For years, the Forest Service had worked cooperatively on a balanced
approach to ensure responsible energy development could occur in the
Allegheny National Forest. This balanced approach was tossed aside when
the Forest Service sought to put crippling new regulations into place
on privately held mineral rights in my district. After years of
litigation, the courts decisively ruled against the Forest Service's
authority to implement such regulation.
This legislation simply codifies what the courts have already ruled,
restoring a balanced management approach to the Allegheny National
Forest. Part of this balanced approach includes companies providing
advance notice before commencing operations, which they have done for
decades. While nothing in my bill circumvents this requirement, I was
pleased to work with my colleague across the aisle, Energy and Mineral
Resources Subcommittee Ranking Member Alan Lowenthal, to accept his
amendment to make this point crystal clear.
Today the House ends just one example of Federal overreach that has
put the well-being of many families in my district in jeopardy. It is
my hope that the House can continue to roll back the red tape to
generate greater American prosperity.
I urge adoption of the measure.
I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, I yield myself such time as I may consume.
H.R. 3881 is a bill that would repeal some unnecessary, redundant
parts of the U.S. Code related to private oil and gas rights of the
Allegheny National Forest.
The intent, as the sponsor indicated, is to ensure that the owners of
those mineral rights are allowed to exercise them and drill within the
boundaries as legal. While those rights are certainly valid and should
be respected, the U.S. Forest Service also has certain rights that have
also been confirmed by the courts, for instance, the right to receive
60 days' advance notice before any drilling begins.
The introduced draft of this legislation initially raised the
possibility that it could have inadvertently overturned the court cases
and precedences guaranteeing that advance notice and other rights of
the U.S. Forest Service.
Thankfully, in markup, the sponsor of the legislation and the
majority on the Natural Resources Committee agreed to accept an
amendment offered by my colleague, the gentleman from California (Mr.
Lowenthal), which made it completely clear that this bill does not
affect the right of the Forest Service to get this advance notice or
any other valid right of the Forest Service, nor does it negatively
impact any other rights the Forest Service has to oversee activities in
national forests and to protect forest resources pursuant to the law.
[[Page H5064]]
This bill, as amended, simply repeals language that some have
interpreted as potentially infringing on private property rights.
Passing this bill would not have an impact on how oil and gas
operations are conducted in the Allegheny National Forest or in any
national forest nationwide.
I thank the sponsor of this bill for working with the Democrats on
the committee to craft a workable response that hopefully will pass by
unanimous consent. I ask my colleagues to support the bill.
Mr. Speaker, I yield back the balance of my time.
Mr. THOMPSON of Pennsylvania. Mr. Speaker, I thank the gentleman for
his support of this piece of legislation, and I urge passage of this
bill.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Thompson) that the House suspend the
rules and pass the bill, H.R. 3881, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. THOMPSON of Pennsylvania. Mr. Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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