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Discussion Starter #2
<span style="font-weight: bold">BUREAU OF WILDLIFE MANAGEMENT


PROPOSED RULE MAKING


A. Amend 58 Pa. Code § 139.4.</span>


Commentary: To effectively manage the wildlife resources and provide hunting and trapping opportunities in this Commonwealth during the upcoming license year, <span style="font-weight: bold">the Commission is proposing to amend §139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2013-2014 license year.</span>

The 2013-2014 seasons and bag limits have been amended to reflect current available scientific data, population and harvest records, field surveys and professional staff observations, as well as recommendations received from staff, organized sporting groups, members of the agricultural community and others interested in the management of the wildlife resources of this Commonwealth.


Due to a shift in the 2013 calendar dates season opening dates are about one week later than in 2012.


<span style="font-weight: bold">Proposed changes to small game seasons include</span> reopening snowshoe hare hunting statewide with a daily bag of one hare and implementing either sex pheasant hunting in WMU 2A.


In regards to wild turkey season changes, 2013 marks the 3rd year of the hen harvest rate and survival study. The study design provided for 2 years (2011 and 2012) of a 2-week fall season in Study Area 1 (WMUs 2C, 2E, 4A, 4B, and 4D) and a 3-week fall season in Study Area 2 (WMUs 2F and 2G), followed by switching season lengths between study areas and maintaining this structure for 2 additional years (2013 and 2014). The proposed changes to these 7 WMUs accomplish the purposes of the “cross-over” design. Simultaneously increasing the season length in Study Area 1 and shortening the season length in Study Area 2 will allow us to detect differences in harvest rates within study areas, as well as any differences in the pattern of change between study areas, thereby improving our management of the wild turkey.


<span style="font-weight: bold">Four changes to the extended bear hunting season</span> are proposed; 1) add a Wednesday – Saturday extended season in WMU 4B, 2) move the opening day of the extended in WMU 3D from Wednesday to Monday, 3) eliminate the Monday – Saturday extended season in portions of WMUs 3B, and 2G and replace them with a Monday – Saturday extended season open in all of WMU 3B, and 4) eliminate separate opening days that occur in different portions of WMU 4E and implement a Wednesday – Saturday extended season in all of WMU 4E.



<span style="font-weight: bold">Concerning furbearer seasons</span>, we are proposing to increase the daily and season bag limit for beaver to 20 daily, 20 per season in WMUs 2C and 5C. Increases in nuisance complaints warrant this change which is consistent with the Beaver Management Plan.

Also, the numbers and density of incidental fisher captures during the past three years in WMUs 3A, 3D and 4E are comparable to those observed in WMU’s currently open to harvest and would warrant adding these WMUs to the list of WMUs with an established fisher trapping season.



PAGE FOUR HAS A PROPOSED LIST OF SEASONS
 

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Discussion Starter #3
<span style="font-weight: bold">BUREAU OF WILDLIFE PROTECTION

ADOPTED RULE MAKING</span>


A. Adoption of proposed amendments to § 147.804.

Commentary: To effectively manage the wildlife resources of this Commonwealth, the Game Commission proposed at its September 25, 2012, meeting to amend § 147.804 (relating to general) <span style="font-weight: bold">to allow a mentor to transfer a valid DMAP permit issued to him to an eligible mentored youth upon the harvest of an antlerless deer.</span>


Proposed Reg;


<span style="font-weight: bold">
EXHIBIT "A"


CHAPTER 147. SPECIAL PERMITS


Subchapter X. MENTORED YOUTH HUNTING PROGRAM PERMIT


§ 147.804. General.
</span>

* * * * *
(i) Notwithstanding the prohibitions in § 147.676(2) and (3) (relating to unlawful acts), mentors are authorized to transfer a Deer Management Assistance Program (DMAP) harvest permit issued to them to an eligible mentored youth. The DMAP harvest permit shall be valid and in the possession of the mentor at all times while hunting antlerless deer. The transfer of the DMAP harvest permit may not occur until after the mentored youth has harvested the antlerless deer, but before tagging the carcass. A mentored youth may not receive by transfer more than one DMAP harvest permit each license year. A mentored youth is ineligible to make direct application for a DMAP harvest permit.
 

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Discussion Starter #4
<span style="font-weight: bold">PROPOSED RULE MAKING</span>



B. Amend 58 Pa. Code § 137.35.


Commentary: <span style="font-weight: bold">The Commission has determined that the complete eradication of feral swine and wild boar from the wild within Pennsylvania is necessary to prevent further harm to its natural resources</span>, agricultural industry, forest products industry and threats to human health and safety.

The Commission has previously promulgated an Executive Order to remove protection for feral swine.

The Pennsylvania Supreme Court declared that the Commission has jurisdiction over matters relating to wild boars (a member of the family Suidae, and also a feral swine) in Seeton v. PGC, 937 A.2d 1028 (Pa., 2007).

The Commission is proposing to remove protection for feral swine and wild boar statewide, wherever found, in order to protect the natural resources of the Commonwealth, its traditional agricultural and forest products industries and mitigate threats to human health and safety.

The Commission is also proposing to prohibit the importation, possession and release into the wild of feral swine and wild boar to further these ends.



CHAPTER 137. WILDLIFE


§ 137.35. Feral swine and wild boar eradication.

(a) <span style="font-weight: bold">Protection removed</span>. Protection on feral swine and wild boar is removed statewide, except in those areas designated as containing broad scale official eradication trapping operations as designated by Executive Order of the Director.

(b)<span style="font-weight: bold"> Eligibility to take.</span> Persons who possess a valid hunting or furtaking license or persons who qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions) are eligible to participate in the unlimited taking of feral swine and wild boar by firearm, bow or crossbow in any area where protection on feral swine and wild boar has been removed. All takings of feral swine and wild boar shall be conducted in conformance with the limitations of section 2308 of the act (relating to unlawful devices and methods) and §§ 141.4 and 141.20 (relating to hunting hours; protective material required).


(c) <span style="font-weight: bold">Eligibility to trap</span>. Persons who possess a valid hunting or furtaking license or persons who qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions) are eligible to make application for a permit authorizing them to engage in feral swine and wild boar eradication trapping operations. All trapping of feral swine and wild boar shall be conducted in conformance with best management practices identified by the Commission and listed on the permit.


(d) <span style="font-weight: bold">Reporting.</span> All takings of feral swine and wild boar resulting from authorized shooting or trapping operations shall be reported to the appropriate local Commission Regional Office within 24 hours of kill. Reports shall include:

(1) Name, address and pertinent license or permit information.
(2) Date, time and an accurate description of the location of kill.
(3) Report number and sex of wild boar and feral swine.


(e) <span style="font-weight: bold">Surrender of carcass.</span> The carcasses of feral swine and wild boar killed pursuant to the authorizations of this section shall be surrendered to the Commission for disease sampling and testing upon request.


(f) <span style="font-weight: bold">Importation prohibited.</span> Effective July 1, 2013, it is unlawful to import feral swine or wild boar of any description or other name into this Commonwealth.


(g)<span style="font-weight: bold"> Possession prohibited.</span> Effective July 1, 2014, it is unlawful to possess feral swine or wild boar of any description or other name within this Commonwealth.


(h) <span style="font-weight: bold">Release into the wild prohibited.</span> It is unlawful to release feral swine or wild boar into the wild.


(i) <span style="font-weight: bold">Inapplicability.</span>


(1) This section shall not be construed in any manner to limit the applicability of sections 2121 and 2141 of the act (relating to killing game or wildlife to protect property; killing game or wildlife to protect person) and § 141.3 (relating to protection removed under certain circumstances).

(2) This section shall not be construed in any manner to extend to any member of the family suidae defined as a domestic animal by the Department of Agriculture and held as part of a commercial production agricultural operation regulated by the Department of Agriculture.


(j)<span style="font-weight: bold"> Penalties.</span> A person violating this section is subject to the penalties provided in the act.











C. Amend 58 Pa. Code § 141.4.


Commentary: The Commission is proposing to amend § 141.4 to <span style="font-weight: bold">replace the current hunting hours table and migratory bird hunting hours table to accurately reflect the dates and hours of legal hunting for the 2013-2014</span> hunting license year.

<span style="font-weight: bold">The Commission is also proposing to add feral swine and wild boar to the list of species that may be lawfully taken during the regular antlered and antlerless deer seasons and expand references to the seasons during which coyotes may be hunted to “big game” in order to maintain consistency with § 139.4 (relating to seasons and bag limits for the license year).</span>


CHAPTER 141. HUNTING AND TRAPPING


Subchapter A. GENERAL


§ 141.4. Hunting hours.


Except as otherwise provided, wild birds and [animals] mammals may be hunted 1/2 hour before sunrise to 1/2 hour after sunset.



(1) During the regular antlered and antlerless deer seasons, it is unlawful to take or attempt to take other wild birds or mammals except game birds on regulated hunting grounds, migratory waterfowl, coyotes, feral swine, wild boar, and bear. Coyotes may be hunted from the first day to the last day inclusive of any [deer or bear] big game season only by persons who possess a valid furtaker’s license, or by persons lawfully engaged in hunting [deer or bear] big game who have a valid tag. Feral swine and wild boar may be taken from the first day to the last day inclusive of any big game season only by persons lawfully engaged in hunting big game who have a valid tag.
 

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Discussion Starter #5
<span style="font-weight: bold">BUREAU OF INFORMATION AND EDUCATION

PROPOSED RULE MAKING

A. Create 58 Pa. Code § 143.12.</span>


Commentary: Proposed changes provide for future hunter education program flexibility. It will enable implementation of planned improvements to the hunter education replacement training certificate process by providing for online fulfillment capabilities. This will result in a significant improvement to customer service.






CHAPTER 143. HUNTING AND FURTAKER LICENSES

Subchapter A. GENERAL

§143.12. Hunter education training.


(b) Training certificate. The Commission will issue an appropriate certificate of training to each student who successfully completes an approved hunter education course. The Commission will issue a replacement hunter education training certificate to a person who provides sufficient affirmation or evidence of successful completion of that course of instruction. A certificate replacement [$10] fee shall be remitted by any person requesting a replacement hunter education training certificate.


* * * * *


(d) Establishment of fees. The Director will establish the value of any course registration fee or certificate replacement fee required by this section.
 

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Discussion Starter #6
<span style="font-weight: bold">BUREAU OF WILDLIFE HABITAT MANAGEMENT

REAL ESTATE

A. Donation</span>


Contract No. 3621, <span style="font-weight: bold">State Game Land No. 156, Lebanon County</span>



Commentary: Gary L. and Kathy S. Andrews are offering a donation of <span style="font-weight: bold">3 tracts comprised of 12 +/- acres of land in South Lebanon Township, Lebanon County adjoining State Game Land No. 156</span> (Exhibit RED 1). The 3 undeveloped parcels are forested with mixed hardwoods and have mountain laurel and blackberry in the understory.


Map available for location



<span style="font-weight: bold">B. Acquisition</span>


<span style="font-weight: bold">Contract No. 3622, State Game Land No. 314, Erie County</span>


Commentary: <span style="font-weight: bold">Western Pennsylvania Conservancy (WPC) is offering for sale 40 +/- acres of land in Springfield Township, Erie County within State Game Land No. 314 </span>(Exhibit RED 2). The option price is $41,912 lump sum, of which $23,000 shall be paid from the Game Fund and the remainder shall be paid with funds from third party commitments for compensation of habitat and recreational losses which occurred on State Game Lands from previously approved projects. WPC is working in conjunction with U. S. Fish and Wildlife Service to acquire the property through funding available through the Great Lakes Restoration Initiative, Joint Venture Habitat Restoration Protection Grant. Approximately 24 acres of the property are reverting old fields with woolgrass, staghorn sumac, silky dogwood and greenbrier. Thirteen acres of the tract are forested with northern hardwoods, predominately oak, red maple and ash with the remaining 3 acres in agricultural fields that are tillable in drier years. The property is located within an Important Bird Area and at least 3 species of special concern are located on or near the property. A Conrail Railroad right-of-way bisects the property. There is a small section of a tributary to Turkey Creek on the property. Access into the property is from Township Road 473, Lynch Road. The Commission and WPC have mutually agreed that no use of the surface for oil and gas exploration, production, removal or sale shall be allowed on the property.




<span style="font-weight: bold">Contract No. 3623, State Game Land No. 61, McKean County</span>


Commentary: <span style="font-weight: bold">Klondike Timber Resources, Inc. is offering for sale 500 +/- acres of land in Liberty Township, McKean County adjoining State Game Land No. 61</span> (Exhibit RED 3). The option price is $400,000 lump sum to be paid with funds from third party commitments for compensation of habitat and recreational losses which occurred on State Game Lands from previously approved projects. There is excellent regenerating northern hardwoods forest habitat with small natural openings. All timber, except conifers, is reserved until January 1, 2015. During this time period the holder of the timber reservation will consult with the Commission with regard to the placement of any new roads and log landings and shall revegetate and reseed new roads and log landings per Commission specifications. The headwaters of Scaffold Lick Run are located on the property and there is a wetland pond in the middle of the tract. There is access to the property from a deeded right-of-way 30’ wide from Township Road T-408, Strang Hollow Road.



<span style="font-weight: bold">Contract No. 3624, State Game Land No. 323, Centre County</span>

Commentary: <span style="font-weight: bold">Joshua and Vivian First are offering for sale 99 +/- acres of land in Howard Township, Centre County, an interior property in State Game Land No. 323 </span>(Exhibit RED 4). The option price is $315,000 lump sum, which shall be paid with escrowed funds from a prior land exchange on State Game Land No. 176 with the Pennsylvania State University and requires approval from the U.S. Fish and Wildlife Service. The property is adjacent to the U.S. Army Corps of Engineers Foster Joseph Sayers Dam property and near Bald Eagle State Park. The property is made up of early successional forested habitat. Access into the property is from a 15’ and a 50’ width right-of-way which leads to Old Route 220, Township Road 663.





<span style="font-weight: bold">Contract No. 3625, State Game Land No. 281, Perry County</span>


Commentary:<span style="font-weight: bold"> Earl F. Evans Estate is offering for sale 46 +/- acres of land in Miller Township, Perry County located within State Game Land No. 281</span> (Exhibit RED 5). The option price is $127,000 lump sum to be paid from the Game Fund. The tract is forested with mixed northern hardwoods and an unnamed stream runs across the northern edge of the property, onto existing State Game Land and into the Juniata River. There is access from a 50’ wide right-of-way from Township Road T-449.




Maps available for all properties listed above in the agenda PDF.
 

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Discussion Starter #7
<span style="font-weight: bold">C. Land Exchange</span>



<span style="font-weight: bold">Contract No. 3626, State Game Land No. 79, Cambria County </span>


Commentary: <span style="font-weight: bold">The Southwest Region has requested a land exchange with B & A Development Company to construct a road and parking lot for hunters on State Game Land No. 79 in Cambria Township, Cambria County</span> (Exhibit RED 6). In the exchange, B & A Development Company acquires 0.43 acres from State Game Land No. 79 to increase the area behind their property and the Commission gains 0.43 acres from B & A Development Company to include road frontage along Township Road 450, Allie Buck Road. <span style="font-weight: bold">This land exchange will allow for much needed access into a portion of State Game Land No. 79 which is currently inaccessible.</span>




<span style="font-weight: bold">Contract No. 3627, State Game Land No. 302, Washington County</span>


Commentary: <span style="font-weight: bold">Williams Ohio Valley Midstream, LLC is offering 167 +/- acres located near State Game Land No. 302, West Finley Township, Washington County</span> (Exhibit RED 7) in lieu of habitat and surface damages for a right-of-way license that will allow Williams Ohio Valley Midstream, LLC, the privilege of constructing a 12” gas pipeline across State Game Land No. 245, West Finley Township, Washington County (Exhibit RED 8). The property is forested with mixed hardwoods. Access is from Jackson Road. The pipeline will be on a right-of-way 75’ wide with an additional 25’ in width for temporary construction area and will traverse approximately 5,339’ through State Game Land No. 245 along with the use of approximately 4,495’ of existing roadway needed to construct and maintain the pipeline.




<span style="font-weight: bold">Contract No. 3628, State Game Land No. 46, Lancaster County</span>


Commentary: <span style="font-weight: bold">The Pennsylvania Department of Transportation has agreed to transfer exclusive jurisdiction and control of a 2.688 +/- acre indenture into State Game Land No. 46, Elizabeth and Clay Townships, Lancaster County</span> (Exhibit RED 9). In exchange, Penn DOT is proposing the creation of a State Game Land Bank for their District 8-0 service area to offset permanent impacts to existing State Game Lands from future highway projects. The property is forested with mixed hardwoods and Seglock Run flows the length of the property. Access is from both Laurel Drive to the north and Seglock Road.



Maps available in the agenda PDF
 

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Discussion Starter #8
<span style="font-weight: bold">D. Notational Vote</span>


Contract 3629, <span style="font-weight: bold">State Game Land No. 293, Elk and Cameron Counties</span>



Commentary: <span style="font-weight: bold">The following item was voted on notationally and was voted 7-0. Carl G. Clark and Estelle Clark, husband and wife, and Harold H. Wolfinger and Connie Wolfinger, husband and wife, offered for sale three tracts of land totaling 3,031 +/- acres</span> of land in Elk and Cameron Counties (Exhibit RED 10).

<span style="font-weight: bold">Two tracts, a 982-acre tract and a 997.2-acre tract are in the City of Saint Marys, Elk County and adjoin State Game Land No. 293 and the third, a 1,052-acre tract in Shippen Township, Cameron County adjoins Elk State Forest. </span>

<span style="font-weight: bold">The option price was $3,000,000 lump sum to be paid with funds from third party commitments for compensation of habitat and recreational losses which occurred on State Game Lands from previously approved projects.</span>

The property is predominately forested with mixed hardwoods and harbors Little Clear Creek, Seeley Hollow Run, and several other clean water tributaries and associated riparian corridors. The sellers are reserving on the Cameron County 1,052-acre tract, all timber, not to include conifers, birch and beech upon the land with the right to cut and remove said timber until January 1, 2019. The Sellers requested the Commission purchase the property by December 31, 2012.


Action: This is an information item, no action is required.
 

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Discussion Starter #9
<span style="font-weight: bold">E. Purchase of Property at Tax Sale</span>


Contract 3620, <span style="font-weight: bold">State Game Land No. 108, Cambria County</span>



Commentary: <span style="font-weight: bold">Subject to certain limitations, § 135.241 of 58 Pa. Code authorizes the Director to bid on real estate, oil, gas or mineral rights at auction or tax sale and to request down payment checks to bid on property at auction.</span> Successful bids must be made known to the general public at the next regularly scheduled meeting of the Board of Commissioners.


<span style="font-weight: bold">On August 17, 2012, the Commission was the successful bidder at a tax sale held at the Cambria County Courthouse and purchased the mineral rights on two tracts located within State Game Land No. 108 in Reade and Dean Townships, Cambria County.</span>

The Game Commission acquired parcel number 04-049-034.000, <span style="font-weight: bold">104 acres of “C” coal seam for $5,000</span>: <span style="font-weight: bold">and</span> parcel number 09-020-002.000, <span style="font-weight: bold">240 acres of all minerals except the “C” coal seam for $1,200</span> (Exhibit RED 11).


Action: This is an information item, no action is required
 

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Discussion Starter #10
<span style="font-weight: bold">F. Settlement of Dispute</span>


<span style="font-weight: bold">State Game Land No. 158, Cambria and Blair Counties</span>


Commentary: <span style="font-weight: bold">Before the Commission is a proposed settlement of a dispute whereby the Commission will quitclaim 17 +/- acres, to Michael Endress in return for a quitclaim from Mr. Endress with regard to approximately 190 acres, an interior to State Game Land No. 158 in Reade Township, Cambria County</span> (Exhibit RED 12).


A Quiet Title action has been filed by the Commission against Mr. Endress. Mr. Endress has proposed a land exchange to settle the dispute and vest full title in 190 +/- acres of land to the Commission. This settlement will entail the granting to Mr. Endress of 17 +/- acres (Exhibit RED 12).
 

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Discussion Starter #11
<span style="font-weight: bold">OIL/GAS & MINERALS</span>


<span style="font-weight: bold">G. Restricted Surface Use Oil and Gas Cooperative Agreement</span>


Tract 232A-12, <span style="font-weight: bold">State Game Land No. 232, Washington County</span>



Commentary: <span style="font-weight: bold">The Commission offered its oil and gas ownership under a portion of State Game Land No. 232 in Donegal and Independence Townships, Washington County, <span style="color: #CC0000">for non-surface use</span> oil and gas development by a competitive royalty bid.</span>

Tract 232A-12 (Exhibit OGM 1), <span style="font-weight: bold">containing approximately 1,201.33 acres,</span> was announced for competitive royalty bid in October 2012, with a one-time bonus/rental payment of $2,500 per acre for a one year paid up primary term agreement. The minimum royalty was set at 18% for all oil, gas, and condensate produced and sold from under the premises.


Oil and gas development will be regulated by the Commonwealth’s Oil and Gas Regulations and the Commission’s Standard Restricted Surface Use Oil and Gas Cooperative Agreement. The bonus payment of $3,003,325 shall be deposited into the Game Fund or an interest bearing escrow account for the future purchase of wildlife habitats, lands, or other uses incidental to hunting, furtaking and wildlife resource management.


Bids were opened on November 2, 2012, with Chesapeake Appalachia, L.L.C. of Oklahoma City, OK, submitting the highest royalty bid of 23.25% of the value of oil, gas, and condensate produced and sold from under the premises. The results of the royalty bid are listed below:


BIDDER BID ROYALTY


Chesapeake Appalachia, L.L.C. 23.25%
Range Resources 20.0%
 

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Discussion Starter #12
<span style="font-weight: bold">H. Restricted Surface Use Oil and Gas Cooperative Agreement</span>


<span style="font-weight: bold">Tract 150A-12, State Game Land No. 150, Lawrence County</span>


Commentary: <span style="font-weight: bold">The Commission offered its oil and gas ownership under State Game Land No. 150 in Pulaski Township, Lawrence County, <span style="color: #CC0000">for non-surface use</span> oil and gas development by a competitive royalty bid. Tract 150A-12 (Exhibit OGM 2), containing approximately 586.007 acres,</span> was announced for competitive royalty bid in October 2012, with a one time bonus/rental payment of $3,250 per acre for a 5 year paid up agreement, and a minimum bid of 20% royalty.


Oil and gas development will be regulated by the Commonwealth’s oil and gas regulations and the Commission’s Standard Restricted Surface Use Oil and Gas Cooperative Agreement. The bonus payment of $1,904,522.75 shall be deposited into the Game Fund or an interest bearing escrow account for the future purchase of wildlife habitats, lands, or other uses incidental to hunting, furtaking and wildlife resource management.
Bids for this tract were opened on November 8, 2012, with HilCorp Energy Company of Houston, Texas, submitting the highest royalty bid of 20% of the value of oil, gas, and condensate produced and sold from under the premises. The results of the royalty bid are listed below:


BIDDER BID ROYALTY

Hilcorp Energy Company 20%
No other bids received
 

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Discussion Starter #13
<span style="font-weight: bold">I. Underground Mine Surface Support Lease Amendment</span>


Tract 079A-98, <span style="font-weight: bold">State Game Land No. 79, Cambria County</span>


Commentary: <span style="font-weight: bold">Rosebud Mining Company (Rosebud) of Kittanning, PA has requested an amendment to extend the existing underground mining agreement with the Commission for an additional 5 year period in order to continue underground coal mine operations and remove an estimated 700,000 tons of remaining coal reserves.</span> All terms and conditions of the original lease remain the same and deep mine operations will continue with all rights as previously granted (Exhibit OGM 3). There will be no additional surface impacts to the game land. Rosebud will continue to pay wheelage to the Commission at a rate of 1% of the F.O.B. pit price of all coal removed from beneath and transported over State Game Land No. 79.
The Commission and Martin L. Bearer, t/d/b/a North Cambria Fuel Company consummated a 15 year lease agreement dated March 3, 1998. The lease was transferred to Rosebud Mining Company on October 14, 2009. The existing lease will expire on March 3, 2013, however, Rosebud estimates that underground mining activities will continue for another 3 to 5 years and, therefore requests a 5 year extension to the term of the lease. If approved, the expiration date of the lease will be March 3, 2018.
Mining will be regulated by the Commonwealth’s Mining Regulations and the Commission’s existing lease agreement. In addition, the lease includes a wildlife habitat reclamation and revegetation plan developed by the local Land Management Group Supervisor.
 

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Discussion Starter #14
<span style="font-weight: bold">J. Oil and Gas Lease Amendment</span>



Tract 223A-08, <span style="font-weight: bold">State Game Land No. 223, Greene County</span>



Commentary: <span style="font-weight: bold">Chevron Appalachia, LLC (Chevron) has requested to amend an existing Commission approved Oil and Gas Lease for Tract 223A-08 in Dunkard Township, Greene County. Tract 223A-08 is located on a portion of State Game Land No. 223 and currently consists of 2,031 acres.</span> Chevron proposes to amend the lease by adding an additional 33.983 acres to the agreement (Exhibit OGM 4).

The Commission owns the surface and 50% of the underlying oil and gas rights. Chevron has leased the privately owned oil and gas rights and agreed to <span style="color: #FF0000">non-surface use</span> on this portion of the game land.



The terms and conditions of the lease will remain consistent with the existing agreement, approved by the Commission in April 2008, except the bonus payment will be increased from $125 per acre to $1,500 per acre for the amended acreage. The bonus payment shall be deposited into the Game Fund or an interest bearing escrow account for the future purchase of wildlife habitats, lands, or other uses incidental to hunting, furtaking and wildlife resource management.


Oil and gas development will be regulated by the Commonwealth’s Oil and Gas regulations and the Commission’s existing Oil/Gas Lease Agreement which is currently in place.
 

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Discussion Starter #15
<span style="font-weight: bold">K. Restricted Surface Use Oil and Gas Cooperative Agreement</span>



Tract 75A-12, <span style="font-weight: bold">State Game Land No. 75, Lycoming County</span>



Commentary: <span style="font-weight: bold">Pennsylvania General Energy Company, L.L.C. (PGE) of Warren, Pennsylvania requests the Commission offer its oil and gas ownership under a portion of State Game Land No. 75 for oil and gas development. The proposed tract 75A-12, containing approximately 11,899 +/- acres is located in McHenry and Pine Townships, Lycoming County </span>(Exhibit OGM 5).


PGE is currently developing oil and gas rights on the State Forest tracts south of the proposed tract and has infrastructure in place, including water and gas pipelines that will ease the surface burden of developing the Game Land acreage.


In exchange for the oil and gas agreement, <span style="font-weight: bold">PGE will cause to convey to the Commission the Kinzua Tract, a 6,200 +/- acre tract of land adjacent to State Game Land No. 62 in Keating Township, McKean County </span>(Exhibit OGM 6).


The primary term of the Agreement is for 10 years, with a 5 year provision for drilling the first well. If PGE does not meet its drilling commitment, the Commission may request the surrender of the 1,836 +/- acre western portion of the tract at the end of the 10 years. The initial royalty rate for each well will be set at 18% and will increase to 21% once payout costs are met.


<span style="font-weight: bold">The proposed agreement also provides PGE with the right to utilize the surface of State Game Land No. 75 for drilling pads, access roads and pipelines to transport Commission owned gas reserves at locations approved by the Commission.</span>


PGE will adhere to the reclamation and revegetation requirements as specified by the Agreement and Department of Environmental Protection regulations. PGE has also agreed to meet annually to discuss development and to solicit input and suggestions to protect wildlife and wildlife habitat.


Oil and gas development will be regulated by the Commonwealth’s Oil and Gas Regulations, the Commission's Standard Restricted Surface Use Oil and Gas Development Agreement protection provisions and $50,000 performance bond. The agreement will include the Commission’s standard wildlife and environmental protection measures.
 

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Of I am reading this correctly, the proposed regs on swine will put many of the high fence operations out of business as the majority of there clients are after pigs.

Not sure I am cool with that even though I have never hunted on one.
 
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