[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     of 1992 (Public Law 102-486; 106 Stat. 3108) are repealed.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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