NY Pks, Rec & Hist Pres L § 13.31-2 (2021)
2021 New York Laws PAR - Parks, recreation and historic preservation Title C - Parks, Recreation and Historic Preservation Article 13 - General Provisions 13.31*2 - Oil and Gas Drilling in Allegany State Park.

* §  13.31 Oil and gas drilling in Allegany state park. 1. Legislative findings and  declaration.  The  legislature  finds  and  declares  that Allegany  state park harbors unique and irreplaceable natural and scenic resources  and  provides  an  extensive  variety  of  recreational   and educational  opportunities for New York residents and visitors. The park is located in a geologically  distinct,  unglaciated  area  with  unique terrestrial,  freshwater  and  old growth forest ecosystems that warrant special protection,  and  is  home  to  numerous  rare,  threatened  and endangered  species  of  plants  and  wildlife.  The  park's  sixty-five thousand acres are the largest tract of intact, unfragmented forest land in the western half of the state, including mature second-growth as well as extensive old-growth forests. These features are  an  invaluable  and irreplaceable  part  of  the state's natural heritage which the state is obligated to preserve for future generations.   The legislature further finds and declares that a unique  circumstance exists   in   Allegany  state  park  whereby  private  entities  control subsurface oil and gas rights beneath portions of the park. Ownership of such subsurface oil and gas rights was severed and retained  in  private ownership prior to the acquisition and creation of the park by the state of  New  York  in the early twentieth century. It is the purpose of this section  to  ensure  that  any  exploration,  drilling,  or   production associated  with privately-controlled oil and gas rights within Allegany state park, including all  activities  necessary  to  obtain  access  to subsurface  oil  and  gas,  be  undertaken  with  the strictest possible oversight to minimize adverse impacts on the park's natural, scenic, and recreational resources and the public's access  to  them  and  enjoyment thereof. It is intended that the provisions of this section be liberally construed and applied in furtherance of this purpose.   The legislature finds and declares that the provisions of this section have  been  enacted  pursuant  to  the  statutorily-mandated duty of the office to provide for the health, safety and welfare of the public using facilities under  its  jurisdiction.  The  legislature  finds  that  the provisions  of  this section constitute reasonable restrictions upon the exercise of privately-controlled oil and gas rights  in  furtherance  of the  state's  sovereign power and duty to hold public parklands in trust for the benefit of the people of the state.   2. Surface access permit. No  drilling,  road  building,  clearing  of vegetation,  or  other  activity  in  furtherance  of the exploration or production of privately-controlled oil or gas rights beneath state owned land within Allegany state park shall be undertaken except  pursuant  to the  terms  of  a surface access permit issued by the office pursuant to this section. An application for such permit shall  be  filed  with  the office   concurrent   with   the   application   to  the  department  of environmental conservation for a permit to drill an oil or gas well  and shall include at a minimum:  (a) proof satisfactory to the office of the applicant's legal right to recover  oil or gas resources beneath state owned land, including copies of title reports and, where applicable, leases with title holders, and a boundary survey completed by a licensed surveyor of the affected area;  (b) a map identifying the proposed location of each oil  or  gas  well for which an application for a drilling permit has been submitted to the department of environmental conservation;  (c)  a  general description of the proposed oil or gas exploration and production activities;  (d) identification of the amount of water needed and its sources;  (e) a detailed description of all surface disturbance associated  with the proposed exploration and production of oil or gas, including but not limited  to  the location and specifications of all roads proposed to be  constructed, all proposed well drilling locations, and the location  and amount  of  proposed  tree and vegetation removal, and the methods to be used in such activities;  (f)  a  description of how produced oil or gas will be transported out of the park, including a detailed description of  the  construction  and location of all proposed transmission lines;  (g)  an  estimate  of the amount of waste products by type expected to result from construction, exploration and production and  a  description of how such waste will be handled and disposed of;  (h) a description of the methods to be used to control stormwater flow and erosion;  (i)  distances  from  streams  of  proposed  work,  identification  of affected streams and methods of stream crossings, if any;  (j) estimated number, species and diameter of trees to be removed  and method of removal;  (k) a detailed description and timeline of steps that will be taken to reclaim the affected surface area and restore it to its previous natural condition  once  drilling  and  production  activities have ceased. Such description shall describe interim  restoration  activities  that  shall occur  immediately  after  each well has been drilled and any associated transmission lines have been installed, as  well  as  final  restoration activities that shall occur after production has ceased;  (l)  a comprehensive inventory of plant and animal species, ecological communities,  wetlands,  and  surface  streams  within  the   area,   as determined  by  the  office,  that  may be affected by proposed drilling locations,  road  construction,  transmission  lines,  and   any   other activities   associated   with   proposed   exploration  and  production activities, and an analysis of the potential  adverse  impacts  on  such species, ecological communities, wetlands, and surface streams; and  (m)  a  description  of historic, archeological and cultural resources potentially affected by proposed exploration, production, road building, and transmission lines.   3. Surface access permit conditions. Any surface access permit granted by the office pursuant to this section shall include the following terms and conditions:  (a) The office may limit the number of well  sites,  the  location  of well  sites,  and  the  amount of cleared area associated with each well site in order  to  mitigate  adverse  impacts  to  natural,  ecological, scenic, and recreational resources.  (b)  No  liquid  or  solid wastes shall be collected or stored in open pits nor disposed of or released within the park.  (c) The office may limit the construction and the location  of  access roads  in  order  to  mitigate  adverse  impacts to natural, ecological, scenic, and recreational resources. All new roads shall be  designed  to the minimum possible width and shall be constructed to avoid or minimize the  potential  for  erosion and other adverse impacts. All trees cut or removed as part of road construction and well site  clearing  activities shall remain the property of the office.  (d)  In  order  to  protect the health and safety of park visitors and employees and to minimize adverse impacts on public recreational uses of the park, the office may restrict the seasons  that  the  permittee  may undertake road construction, well drilling, and associated activities on state  owned  lands.  The  office  may also designate the park roads the permittee shall use for vehicle access into and through  the  park,  and may  restrict  seasons  or times that the permittee may exercise vehicle access on park roads open to the public.  (e) The permit shall include such  conditions  on  the  management  of forest resources, and construction and maintenance of access roads, well  sites  and  transmission lines, as the office deems necessary to protect park resources.  (f)  The  permittee shall be required to establish and maintain a fund sufficient to reimburse the office for the costs of an on-site  monitor, who  shall be hired by and report to the office, who shall be physically present during all land  clearing,  road  construction,  well  drilling, installation  and  maintenance  of transmission lines, well maintenance, well closure, and restoration activities undertaken by the permittee  to assure  compliance  with  all  required permits and applicable state and federal laws and regulations.  (g) The permittee shall be required to establish and maintain  a  fund sufficient to reimburse the office for the costs of consultants retained by the office to conduct:  (1) sampling of groundwater, surface water, wetlands, and soil;  (2)  monitoring  to detect any adverse impacts to sensitive species of plants and animals and ecological communities; and  (3) inspections to detect any  non-native  invasive  plant  or  animal species that are introduced into the park as a result of the permittee's activities.   The  office  shall determine the areas to be subject to such sampling, monitoring, and inspections, which shall be undertaken annually, or more frequently if determined appropriate by the office, until the  permittee has  concluded  oil  and  gas  exploration and production activities and completed the restoration requirements established in paragraph  (i)  of this subdivision.  (h)  The permittee shall be required at its expense to take corrective actions to eliminate any adverse impacts resulting  from  the  permitted activity  to  the park's roads, facilities and infrastructure, or to the park's groundwater, surface water, wetlands,  soil,  natural  resources, plant and animal species and ecological communities.  (i) The permittee shall be required to obtain financial security in an amount  sufficient  to  restore  to their previous natural condition all areas  affected  by  the  permittee's  ground   disturbance,   clearing, drilling,  road  construction,  and  installation of transmission lines, after oil and gas exploration, drilling, and production activities  have concluded. Restoration shall include but not be limited to a requirement that the permittee remove and reforest all roads and cleared areas.  (j)  The  permit shall include requirements for the amount and type or types of insurance to be procured and maintained by the permittee.  (k) The office shall include any additional permit conditions it deems necessary to avoid or  minimize  impacts  on  the  park's  recreational, scenic  and  natural  resources  and to protect the health and safety of park visitors and employees.   4. Other requirements. The requirements of this section  shall  be  in addition to, and shall not replace or affect, any other requirements for the  exercise  of oil and gas drilling rights, including but not limited to requirements set forth in article twenty-three of  the  environmental conservation  law  or  other  applicable state or federal laws, permits, orders,  or  regulations.  Nothing  in  this  section  shall  affect  or supersede  the application of article seven of the public service law to the siting of a major utility transmission facility as defined therein.   5. Environmental review. The office will  serve  as  lead  agency  for review  pursuant  to article eight of the environmental conservation law for   all   actions   involving   exploration    and    production    of privately-controlled  oil  and  gas  resources beneath state owned lands within Allegany state park, including applications for a permit pursuant to this section. In conducting such review, the  office  shall  evaluate all  potential  impacts  of  proposed  well drilling, road construction,  clearing of  vegetation,  and  other  related  activities  in  terms  of consistency  with  the  agency's mission as set forth in section 3.02 of this chapter.   6.  Enforcement.  Any  violation  of  a term or condition of a surface access permit granted pursuant to this  section  shall  be  grounds  for revocation thereof. In addition, any party acting in violation of such a permit,  and  any party engaging in oil or gas exploration, drilling, or production activity without having obtained a permit as required by this section, shall be subject to injunction and liable for a  civil  penalty of  not  more  than ten thousand dollars for each day of such violation, obtainable in an action brought by the attorney general upon referral by the commissioner or on his or her own initiative.   7. Compensation of lost revenue.  In  the  event  that  any  spill  or release  of  oil,  gas,  or  other  substance produced or transported in Allegany state park by, or on behalf of, any person receiving  a  permit under  this  section  results in the temporary closing of all or part of Allegany state park, such person  shall  be  liable  to  compensate  the office  for  any  lost  revenue  or  park  user  fees resulting from the closure. Such compensation of lost revenue shall be in addition  to  any other  costs or penalties imposed under applicable laws, regulations, or permit conditions.   8. Rules and regulations. The  commissioner  is  authorized  to  adopt rules   and   regulations  necessary  or  desirable  to  effectuate  the provisions of this section.   * NB There are 2 § 13.31's