"Horizontal directional drilling." As defined in section 1
of the act of December 10, 1974 (P.L.852, No.287), referred to
as the Underground Utility Line Protection Law.
"Restricted fund account." The Education Reinvestment Fund
Account established under section 4.
"Secretary." The Secretary of Conservation and Natural
Resources of the Commonwealth.
Section 3. Horizontal drilling under State lands.
(a) Program established.--The department shall establish a
program for the leasing of subsurface rights under State forest
and park property for oil and gas development from horizontal
directional drilling originating from well sites outside the
State forest or park property.
(b) Lease approval.--The secretary shall have exclusive
authority to approve or disapprove any lease under this act. The
secretary shall provide in writing to the company the reason for
the disapproval of a lease.
(c) Resubmission upon disapproval.--The following shall
apply:
(1) A company may resubmit a lease to the department
after the company has reasonably attempted to meet the
conditions for the secretary's approval.
(2) A lease shall be considered approved upon the
company's fourth resubmission and subsequent disapproval,
unless the secretary provides clear and convincing evidence
that the company has failed to make reasonable attempts to
meet the secretary's concerns.
Section 4. Education Reinvestment Fund Account.
(a) Establishment.--The Education Reinvestment Account is
established as a restricted account in the General Fund.
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