AN ACT

 

1Providing for a moratorium on leasing lands owned and managed by
2the Department of Conservation and Natural Resources for the
3purposes of oil and natural gas development.

4The General Assembly of the Commonwealth of Pennsylvania
5finds and declares as follows:

6(1) The Commonwealth owns more than 2,400,000 acres of
7State forest land containing some of Pennsylvania's most
8precious and rare natural resources, including wild and
9natural areas, old growth forests, pristine streams, scenic
10vistas and river gorges.

11(2) The Department of Conservation and Natural Resources
12has a duty pursuant to the act of June 28, 1995 (P.L.89,
13No.18), known as the Conservation and Natural Resources Act,
14to conserve and maintain State forests for the use and
15benefit of all its citizens as guaranteed by section 27 of
16Article I of the Constitution of Pennsylvania.

1(3) Pennsylvania's State forest system has been
2certified through an independent scientific review to be
3compliant with the gold standard for environmentally and
4socially responsible forestry established by the
5international Forest Stewardship Council and this
6certification is vital to the economic viability of the
7forest products industry in Pennsylvania.

8(4) More than 700,000 acres of State forest land
9currently subject to oil and gas development, including
10development in the Marcellus shale formation, either through
11leases executed with the Commonwealth or through private
12ownership or leasing where the Commonwealth does not own the
13subsurface oil and gas, are being significantly degraded,
14compromising the ecological, aesthetic and recreational
15values of those lands.

16(5) The approximately 800,000 acres of State forest land
17that are currently not available for development of gas in
18the Marcellus shale formation contain significant
19environmental, ecotourism, and recreational values, sometimes
20overlapping, including:

21(i) 180,000 acres of high-value ecosystems
22designated as wild and natural areas;

23(ii) 200,000 acres of old growth forests;

24(iii) 128,000 acres with sensitive environmental
25resources, including wetlands, riparian areas, threatened
26and endangered species, steep slopes, unique habitats and
27valuable recreational resources, including scenic vistas
28and viewsheds, trails and leased camps;

29(iv) 299,000 acres in remote areas generally
30inaccessible by motorized vehicles and offering

1wilderness experiences paralleling those in the western
2United States;

3(v) 88,000 acres of highly valued recreational and
4water resources in the Poconos in close proximity to many
5residents; and

6(vi) 20,000 acres important to ecotourism in the
7Laurel Highlands region.

8(6) The advances in technology that have made
9development of gas in the Marcellus shale formation possible
10and profitable have led to a rapid and significant increase
11in the level of development activity on State forest land.

12(7) In the next 10 to 20 years, full development of the
13gas in the Marcellus shale formation on State forest land
14currently subject to drilling will result in the use of more
15than 30,000 acres for an estimated 1,100 well pads and
16associated infrastructure, access roads and pipelines.

17(8) The impact of the five-fold increase in the acreage
18of State forest land that will be used for gas development as
19a result of activity in the Marcellus shale formation cannot
20be fully understood or predicted at this early stage of
21development.

22(9) Additional gas development in the Marcellus shale
23formation on State forest land will significantly increase
24openings in large blocks of currently contiguous forest
25canopies resulting in fragmentation and stress from invasive
26species and disease, the cumulative effect of which could
27fundamentally alter these forest ecosystems.

28(10) Changes to surface and groundwater hydrology
29resulting from the increased drilling activity and the
30fracturing process required to develop gas in the Marcellus

1shale formation will need to be carefully monitored as
2drilling progresses to evaluate potential impacts.

3(11) Additional leasing of State forest land for oil and
4gas development will jeopardize the Department of
5Conservation and Natural Resources' ability to fulfill its
6duty to conserve and maintain this public natural resource
7and sustain its Forest Stewardship Council forest
8certification.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Short title.

12This act shall be known and may be cited as the State Forest
13Oil and Natural Gas Lease Moratorium Act.

14Section 2. Moratorium.

15Notwithstanding any other provision of law, no lands owned
16and managed by the Department of Conservation and Natural
17Resources may be leased for oil and natural gas development on
18or after the effective date of this section.

19Section 20. Effective date.

20This act shall take effect immediately.