Toomey: New Rules Not Necesary on ANF

WASHINGTON, D.C. – U.S. Senator Pat Toomey (R-Pa.) sent a letter to Agriculture Secretary Tom Vilsack today urging him to not to implement new rules on private mineral rights in the Allegheny National Forest.

On a recent trip to northwestern Pennsylvania, Sen. Toomey met with local officials who expressed concern about an increased push by the federal government to impose burdensome regulations on mineral extraction. The Allegheny National Forest is unique because 93 percent of the forest’s subsurface mineral rights are privately held. Developing both the oil and natural gas in the Allegheny National Forest are a key economic driver for this rural region in Pennsylvania.

In his letter, Sen. Toomey urges Secretary Vilsack to forgo imposing a new layer of federal rulemaking that will seriously hinder extraction of these privately-owned minerals and cost the region jobs.

“It is not clear to me that the initiated rulemaking would address any environmental concerns not already handled by the Commonwealth of Pennsylvania, which is well experienced and adequately suited to properly regulate the development of these resources. Congress and the courts have been clear that private mineral rights in national forests are a state matter,” Sen. Toomey writes.

A copy of Sen. Toomey’s letter is below.

November 28, 2011

The Honorable Tom Vilsack
Secretary
U.S. Department of Agriculture
1400 Independence Ave. SW
Washington, D.C. 20250

Dear Secretary Vilsack,

I write to you today regarding an initiated rulemaking process by the U.S. Forest Service (USFS) that would change the long standing rules regulating the execution of private mineral rights in national forests. I was made aware of this rulemaking on a recent trip to Forest County, Pa., where I met with many officials from counties and municipalities within the Allegheny National Forest region. As you know, the Allegheny National Forest is unique because 93 percent of the forest’s subsurface mineral rights are privately held. The development of both oil and natural gas derived from these rights in the Allegheny National Forest are a key economic driver for this rural part of Pennsylvania.

At this time of record high unemployment, I would like to join with the bipartisan delegation of members of Congress and Governor Tom Corbett who have urged you to continue with the existing limited and cooperative regulatory framework regarding these mineral rights. It is not clear to me that the initiated rulemaking would address any environmental concerns not already handled by the Commonwealth of Pennsylvania, which is well experienced and adequately suited to properly regulate the development of these resources. Congress and the courts have been clear that private mineral rights in national forests are a state matter. Further, a new layer of federal bureaucracy will stall access to sources of domestic energy at a time when our country desperately needs more of them.

With that said, I respectfully request that you provide my office with the following documentation:

1) The statutory authority the USFS has to promulgate this regulation.

2) Any evaluations the agency has done to determine the economic impact of this rulemaking, particularly the impact it might have on jobs.

3) The reasons why USFS believes that the Commonwealth of Pennsylvania is not equipped to continue the current regulatory framework without interference from the federal government.

I appreciate your consideration of my requests. I look forward to your response.


Sincerely,

Pat Toomey
U.S. Senator


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