Section 1601.1-E - Legislative findingsThe General Assembly finds and declares as follows:
(1) Revenue from the leasing of State land to extract natural gas is necessary to obtain the revenue necessary to effectuate the 2014-2015 General Appropriations Act.(2) Leases utilized by the department include provisions that are highly protective of the ecological integrity of State forest lands and carefully crafted to minimize impacts to rare and endangered plants, wildlife and their habitat and the vast number of streams and watersheds that are part of State forest and park lands.(3) Leases utilized by the department for shale-gas provide for enhanced environmental and surface protections, including: (i) Increased setback distances from critical recreation infrastructure, streams and water features, State parks and designated wild and natural areas.(ii) Limiting the amount of surface area disturbed, prohibiting shallow well drilling and authorizing the application of strict forestry resource management principles.(iii) Limiting the number of well pads allowed to be constructed on the lease tract; providing for deep drilling insurance; and prohibiting the development of the ecologically sensitive areas, including designated wild and natural areas and areas of special consideration, without the department's prior written approval.(4) The department continually updates and employs best management practices when managing oil and gas activities on State forest lands to ensure that shale-gas activities are consistent with the recreational and ecological uses of State forest.(5) The department has implemented a Shale-Gas Monitoring Program to monitor, evaluate and report any impacts of shale-gas development on the State forest system.(6) The fund is not a constitutional trust.(7) Money in the fund has increased exponentially from the extraction of shale gas and the implementation of new gas extraction techniques.(8) The Commonwealth's role as trustee of the public's natural resources is broader and more comprehensive than just conserving the State forest of parks.(9) The General Assembly affirms its intent that: (i) The department should continue the operation of the shale-gas monitoring activities program to monitor, evaluate and report the impacts of shale-gas activities in State forest and, in consultation with the Governor's Office, utilize data received from ongoing monitoring to adjust its management planning and practices.(ii) The department should consider the State forest and park lands as one of the Commonwealth's interests when considering whether or not to lease additional State forest and park lands and determining what is in the best interests of the Commonwealth. Interest involved in decisions relating to leasing State forest and park lands should not be made to the exclusion of all other interests of the Commonwealth.(iii) Notwithstanding any other law to the contrary, it is in the best interest of the Commonwealth to lease oil and gas rights in State forests and parks if the department: (A) in consultation with the Governor, continues strong and effective lease protections, best management practices and ongoing monitoring programs on the impact of gas operations; and(B) maintains a balance of money in the fund to carry out the department's statutory obligation to protect State forest and park land and other environmental activities.(10) If a balance in the funds is adequate to achieve the purposes of paragraph (9), transfers to the General Fund are permissible.Added by P.L. 1053 2014 No. 126, § 8.7, eff. 7/10/2014.