[Senate Report 107-282]
[From the U.S. Government Publishing Office]
Calendar No. 601
107th Congress Report
SENATE
2d Session 107-282
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FINGER LAKES NATIONAL FOREST
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September 17, 2002.--Ordered to be printed
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Mr. Bingaman, from the Committee on Energy and National Resources,
submitted the following
R E P O R T
[To accompany S. 1846]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1846) to prohibit oil and gas drilling in
Finger Lakes National Forest in the State of New York, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. FINGER LAKES NATIONAL FOREST LAND WITHDRAWAL.
All Federal land within the boundary of Finger Lakes National
Forest in the State of New York is withdrawn from all forms of entry,
appropriation, or disposal under the public land laws and disposition
under all laws relating to oil and gas leasing.
PURPOSE
The purpose of S. 1846 is to prohibit oil and gas drilling
in the Finger Lakes National Forest in the State of New York.
BACKGROUND AND NEED
The Finger Lakes National Forest is the only national
forest within the State of New York and encompasses
approximately 16,000 acres. The Finger Lakes National Forest is
within Seneca County. The Forest Service states that lands
within Seneca County, other than National Forest System lands,
contain approximately 150 oil and gas wells that have been
producing natural gas for decades.
From 1974 to 1984, what is now the Finger Lakes National
Forest was under lease for oil and gas exploration and
development. Several dry holes were drilled on nearby private
lands but no surface disturbance occurred on the Finger Lakes
National Forest, and the leases expired. In the spring of 1999,
the BLM received two letters nominating lands on the Finger
Lakes National Forest for the purpose of oil and gas leasing.
The BLM cannot consider leasing without the consent of the
Forest Service. As a result, the Forest Service began to
examine the issue.
On December 19, 2001, the Forest Service released a Final
Environmental Impact Statement and Record of Decision regarding
oil and gas leasing on the Finger Lakes National Forest. The
Record of Decision states that no lands on the Finger Lakes
National Forest will be offered for oil and gas leasing at this
time. The Forest Supervisor stated that this decision was made,
in large part, because of the strong public opposition to oil
and gas leasing on the Forest. Even the townships and counties
that would benefit economically from oil and gas leasing on the
National Forest supported the final decision.
Representatives of the Forest Service note that the
December 2001 decision does not mean that lands on the Finger
Lakes National Forest are permanently withdrawn from future
consideration of oil and gas leasing. The current Land and
Resource Management Plan for the Forest deems that natural gas
development is an appropriate use of the Forest and that oil
and gas is available for leasing. The question of future
availability of this resource may be examined in the revision
of the Finger Lakes National Forest Land and Resource
Management Plan. The Forest Service expects to complete the
revision in 2004.
In order to foreclose a future administrative decision to
permit oil and gas leasing, S. 1846 permanently prohibits oil
and gas leasing in the Finger Lakes National Forest.
LEGISLATIVE HISTORY
S. 1846 was introduced by Senators Schumer and Clinton on
December 18, 2001. The Subcommittee on Public Lands and Forest
held a hearing on S. 1846 on June 18, 2002. At the business
meeting on July 31, 2002, the Committee on Energy and Natural
Resources ordered S. 1846, as amended, favorably reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 31, 2002, by a voice vote of a quorum
present, recommends that the Senate pass S. 1846, if amended as
described herein.
COMMITTEE AMENDMENT
During its consideration of S. 1846, the Committee on
Energy and Natural Resources adopted an amendment in the nature
of a substitute which states that all Federal land within the
boundary of the Finger Lakes National Forest is withdrawn from
all forms of entry, appropriation, or disposal under the public
land laws and disposition under all laws relating to oil and
gas leasing.
SECTION-BY-SECTION ANALYSIS
Section 1 states that all Federal land within the boundary
of the Finger Lakes National Forest is withdrawn from all forms
of entry, appropriation, or disposal under the public land laws
and disposition under all laws relating to oil and gas leasing.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 8, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1846, a bill to
prohibit oil and gas drilling in Finger Lakes National Forest
in the state of New York.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 1846--A bill to prohibit oil and gas drilling in Finger Lakes
National Forest in the state of New York
S. 1846 would permanently withdraw federal lands within the
Finger Lakes National Forest in New York from programs to
develop mineral resources. Withdrawing those lands could reduce
offsetting receipts from such programs; therefore, pay-as-you-
go procedures would apply. According to the Forest Service,
however, the agency does not plan to offer any lands within the
Finger Lakes National Forest for mineral leasing and
development over the next 10 years. Hence, CBO estimates that
any forgone offsetting receipts that might result under S. 1846
would be negligible in any year.
S. 1846 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1846. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1846, as ordered reported.
EXECUTIVE COMMUNICATIONS
On, July 10, 2002, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 1846. These
reports had not been received at the time the report on S. 1846
was filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the
Subcommittee hearing follows:
Statement of Tom Thompson, Deputy Chief, National Forest System, USDA
Forest Service
Mr. Chairman and Members of the Subcommittee, thank you for
the opportunity to appear before you today. I am Tom Thompson,
Deputy Chief for the National Forest System, USDA Forest
Service. I am here today to provide the Department's views on
S. 1846, to prohibit oil and gas drilling on the Finger Lakes
National Forest.
S. 1846 would prohibit the issuance of any Federal permit
or lease for oil or gas drilling in Finger Lakes National
Forest in the State of New York. Although the Department does
not oppose enactment of S. 1846, the measure does raise a
number of questions for USDA. The Department would like to work
with the Committee in more detail to address leasing in times
of national emergency or in response to unforeseen events.
The December, 2001 revision of the Finger Lakes National
Forest Land and Resource Management Plan provided that oil and
gas resources would not be available for leasing. This decision
reflected the opinion of a vast majority of those responding to
the draft revision who were strongly against any leasing of
federal oil and gas resources on the Finger Lakes National
Forest. A broad group of elected officials at the local, state,
and federal levels affirmed these opinions. The Record of
Decision stated that the Forest Service will not consent to
lease federal oil and gas resources until new information
becomes available that would prompt the Forest Service to
initiate a new analysis. An example of new information would
include a change in public attitude toward the need to access
oil and natural gas under the Finger Lakes National Forest.
This may be in the form of domestic energy crisis or other
unforeseen event. If would not include a new request for
leasing.
Conclusion
Although the Department does not oppose enactment of S.
1846, the Department would like to work with the Committee in
more detail to address oil and gas leasing in times of national
emergency or as a result of unforeseen events.
This concludes my testimony. I would be happy to answer any
questions that you may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 1846, as
ordered reported.