ACTION ALERT: Save the Allegheny National Forest

Word has it that the PA House is likely to vote on HB 1904 on Wednesday. If the bill passes, the Allegheny National Forest in PA will be one step closer to being opened up to drillers. The Allegheny is the only national forest in PA. The news just came last evening, so we only have one day to call our representatives and tell them to vote NO! Find the number by clicking on your representative’s name on this list – http://www.legis.state.pa.us/cfdocs/legis/home/member_information/representatives_alpha.cfm

Here is the text of the bill:

PRINTER’S NO. 2596

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.
1904
Session of
2011

INTRODUCED BY RAPP, HUTCHINSON, CAUSER AND GABLER, OCTOBER 20, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 20, 2011

AN ACT

1
Amending the act of May 11, 1911 (P.L.271, No.173), entitled
2
“An act empowering the United States of America to acquire
3
land in the State of Pennsylvania for National Forest
4
Reserves, by purchase or by condemnation proceedings; and
5
granting to the United States of America all rights necessary
6
for control and regulation of such reserves,” further
7
providing for enforcement.
8
The General Assembly of the Commonwealth of Pennsylvania
9
hereby enacts as follows:
10
Section 1. Section 3 of the act of May 11, 1911 (P.L.271,
11
No.173), entitled “An act empowering the United States of
12
America to acquire land in the State of Pennsylvania for
13
National Forest Reserves, by purchase or by condemnation
14
proceedings; and granting to the United States of America all
15
rights necessary for control and regulation of such reserves,”
16
is amended to read:
17
Section 3. That the said United States of America is hereby
18
empowered to pass such laws, and to make or provide for the
19
making of such rules, of both a civil and criminal nature, and
20
provide punishment for the violation thereof, as in its judgment

1
may be necessary for the management, control, and protection of
2
such lands acquired from time to time by the United States of
3
America under the provisions of this act: Provided, however,
4
That the authority hereby given shall be subject to all the
5
conditions and stipulations and reservations contained in this
6
act[.], including:
7
(1) As to real property located within the proclamation
8
boundary of the Allegheny National Forest, except as set forth
9
in paragraph (2), the Commonwealth does not consent to and the
10
United States is not empowered to pass laws or make or apply
11
rules under this section with respect to nonacquired estates in
12
land, nonacquired property interests or nonacquired rights in
13
surface land.
14
(2) With respect to the application of laws and rules under
15
this section to nonacquired estates in land, nonacquired
16
property interests or nonacquired rights in surface land,
17
excepted or reserved in an instrument of conveyance at the time
18
surface lands were conveyed to the United States, only those
19
laws and rules disclosed at the time of conveyance and
20
specifically expressed in and made a part of the instrument of
21
conveyance may be applied.
22
(3) With respect to a nonacquired estates in land,
23
nonacquired property interests or nonacquired rights in surface
24
land, excepted or reserved from the surface estate, which were
25
acquired by the United States before the surface estate was
26
conveyed to the United States, no laws nor rules under this
27
section may be applied.
28
(4) No laws nor rules under this section may supersede,
29
invalidate or modify the common law of the Commonwealth or a
30
statute of the Commonwealth respecting any of following:
20110HB1904PN2596
– 2 –

1
(i) The storage, control, use or development of water
2
resources in this Commonwealth or any riparian rights
3
appurtenant and incident to water resources.
4
(ii) The development, use or ownership of mineral resources
5
in this Commonwealth.
6
Section 2. This act shall take effect in 60 days.
20110HB1904PN2596
– 3 –