Friday, October 9, 2009

Reported Agreement On State Forest Leasing Plan

Multiple sources are saying there is now agreement between the Senate and House on State Forest leasing provisions and it is the language the Senate put in the Fiscal Code bill-- House Bill 1614-- last evening (below).
There is no acreage limits or caps, no minimum bids/royalties. It requires a the transfer of $60 million in FY 2009-10 from the Oil and Gas Fund to the General Fund. There is specific language requiring the General Assembly to appropriate moneys to DCNR from the Oil and Gas Fund and caps the amount of money that could be appropriated at $50 million in any one year.
There are still other issues outstanding on the Fiscal Code bill between the House and Senate that need to be resolved, so this is not in stone yet.

ARTICLE XVI-E
OIL AND GAS WELLS
SUBARTICLE A
PRELIMINARY PROVISIONS
Section 1601-E. Definitions.
The followinq words and phrases when used in this article shall have the meaninqs qiven to them in this subarticle unless the context clearly indicates otherwise:
"Department." The Department of Conservation and Natural
Resources.
"Fund." The Oil and Gas Lease Fund established under the act of December 15, 1955 (P.L.865, No.256), entitled, "An act requirinq rents and royalties from oil and qas leases of Commonwealth land to be placed in a special fund to be used or conservation, recreation, dams, and flood control; authorizinq the Secretary of Forests and Waters to determine the need for and location of such projects and to acquire the necessary land.
"Marcellus well." An active production well certified by the Department of Environmental Protection as a well from which qas from the Marcellus Shale formation as determined bv the United States Geoloqical Survey was extracted durinq the fiscal year,includins wells on Commonwealth and non-Commonwealth land.
Section 1602-E. Appropriation.
Notwithstandinq any other provision of law and except as provided in section 1603-E, no money in the fund from royalties may be expended unless appropriated by the General Assembly. In makinq appropriations, the General Assembly shall consider the adoption of an allocation to municipalities impacted by a Marcellus well.
Section 1603-E. Department of Conservation and Natural Resources.
Subject to the availability of monev in the fund, up to $50,000,000 from the fund from royalties shall be appropriated annually to the department to carry out the purposes set forth in the act of December 15, 1955 (P.L.865, N0.256)~ entitled "An act requirinq rents and royalties from oil and qas leases of Commonwealth land to be placed in a special fund to be used or conservation, recreation, dams, and flood control; authorizinq the Secretary of Forests and Waters to determine the need for and location of such proiects and to acquire the necessary land." The department shall qive preference to the operation and maintenance of State parks and forests.
Section 1604-E. Transfer.
Notwithstandinq section 1603-E or any other provision of law,in fiscal year 2009-2010 the amount of $60,000,000 shall be transferred from the fund to the General Fund.

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