Bill Text: PA HB1050 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Providing for regulation of oil and gas wells; consolidating Chapter 3 of the Conservation and Natural Resources Act and provisions relating to the Oil and Gas Lease Fund; making related repeals; and making editorial changes.

Spectrum: Moderate Partisan Bill (Republican 44-5)

Status: (Introduced - Dead) 2009-04-23 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB1050 Detail]

Download: Pennsylvania-2009-HB1050-Introduced.html

---

PRINTER'S NO. 1614
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1050 Session of2009
INTRODUCED BY REED, PICKETT, SOLOBAY, ELLIS, PYLE, ADOLPH, BAKER, BEAR, BENNINGHOFF, BOYD, BROOKS, CAUSER, CLYMER, D. COSTA, CREIGHTON, CUTLER, DALLY, EVERETT, GABLER, GEIST, GIBBONS, GINGRICH, HARRIS, HESS, HUTCHINSON, KRIEGER, MAJOR, MARSHALL, MARSICO, MILLARD, MILLER, MUSTIO, OBERLANDER, QUIGLEY, QUINN, RAPP, READSHAW, REICHLEY, ROAE, SAYLOR, SCAVELLO, STERN, STEVENSON, SWANGER, J. TAYLOR, TURZAI, VULAKOVICH AND YOUNGBLOOD, APRIL 23, 2009
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 23, 2009
AN ACT
Amending Titles 27 (Environmental Resources), 32 (Forests,
Waters and State Parks) and 58 (Oil and Gas) of the
Pennsylvania Consolidated Statutes, providing for regulation
of oil and gas wells; consolidating Chapter 3 of the
Conservation and Natural Resources Act and provisions
relating to the Oil and Gas Lease Fund; making related
repeals; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part II heading of Title 27 of the Pennsylvania
Consolidated Statutes is amended to read:
PART II
[ADMINISTRATIVE PROVISIONS
(Reserved)]
ENVIRONMENTAL PROTECTION
Section 2. Part II of Title 27 is amended by adding a
chapter to read:
CHAPTER 15
REGULATION OF OIL AND GAS WELLS
Sec.
1501. Definitions.
1502. (Reserved).
1503. (Reserved).
1504. (Reserved).
1505. Reports.
§ 1501. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Active production well." An oil, gas or coal bed methane
well which is certified annually by the Department of
Environmental Protection as a well from which oil, gas or coal
bed methane was extracted during the fiscal year.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Marcellus Shale formation well." An active production well
certified by the Department of Environmental Protection as a
well from which gas from the Marcellus Shale formation as
determined by the United States Geological Survey was extracted.
"Secretary." The Secretary of Environmental Protection of
the Commonwealth.
§ 1502. (Reserved).
§ 1503. (Reserved).
§ 1504. (Reserved).
§ 1505. Reports.
The secretary shall by June 1 of each year certify to the
State Treasurer the number of active production wells and the
20090HB1050PN1614 - 2 -
number of Marcellus Shale formation wells located in each
municipality on the first day of May of each year.
Section 3. Title 32 is amended by adding a part to read:
PART II
CONSERVATION AND NATURAL RESOURCES
Chapter
31. Preliminary Provisions
33. Department of Conservation and Natural Resources
CHAPTER 31
PRELIMINARY PROVISIONS
Sec.
3101. Findings.
3102. Scope of chapter.
3103. Definitions.
§ 3101. Findings.
The General Assembly finds and declares as follows:
(1) Pennsylvania's public natural resources are to be
conserved and maintained for the use and benefit of all its
citizens as guaranteed by section 27 of Article I of the
Constitution of Pennsylvania.
(2) Pennsylvania's State forests and parks cover almost
2.3 million acres in this Commonwealth and contain some of
our State's most precious and rare natural areas.
(3) Pennsylvania has the third-largest system of State
parks in the United States.
(4) Our State parks and forests and community recreation
and heritage conservation areas are critical to the continued
success of our tourism and recreation industry, the second-
largest industry in the State.
(5) Our forest products industry employs more than
20090HB1050PN1614 - 3 -
100,000 people and contributes more than $4.5 billion a year
to our economy, making it the State's fourth-largest
industry.
(6) Leasing development rights for oil and gas reserves,
royalty payments for extraction of oil and gas and land
rental payments from gas storage facilities underlying State
forests pays for numerous conservation, recreation, dam and
flood control projects that are not funded by appropriations
from the General Fund and improves public recreation
opportunities through the purchase of lands for State parks
and to supplement and expand existing State parks.
(7) Preserving, enhancing, maintaining and actively
managing our system of State parks, forests, community
recreation and heritage conservation areas contributes
greatly to the quality of life of Pennsylvania's citizens and
the economic well-being of the State.
§ 3102. Scope of chapter.
This part relates to conservation and natural resources.
§ 3103. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
"Commonwealth." The Commonwealth of Pennsylvania.
"Department." The Department of Conservation and Natural
Resources of the Commonwealth.
"Responsible bidder." The term shall have the same meaning
as the term "responsible bidder" as defined under 62 Pa.C.S. §
103 (relating to definitions).
20090HB1050PN1614 - 4 -
"Secretary." The Secretary of Conservation and Natural
Resources.
CHAPTER 33
DEPARTMENT OF CONSERVATION
AND NATURAL RESOURCES
Sec.
3301. Creation of department.
3302. Forests.
3303. Parks.
3304. Facility development.
3305. Ecological and geological services.
3306. Community recreation and heritage conservation.
3307. Rivers conservation.
3308. Trails and greenways.
3309. Youth conservation programs.
3310. Volunteers.
3311. Environmental education.
3312. Whitewater recreation.
3313. Rulemaking authority.
3314. Fees and charges.
3315. Conservation and Natural Resources Advisory Council.
3316. Advisory committees.
3317. Ex officio memberships of secretary.
3318. Contracts and agreements.
3319. Funds.
3320. Civil service status.
§ 3301. Creation of department.
The Department of Conservation and Natural Resources is
established as an administrative department within the executive
branch of the government of this Commonwealth. The department
20090HB1050PN1614 - 5 -
shall be headed by the Secretary of Conservation and Natural
Resources. The secretary shall be appointed by the Governor,
subject to the approval of a majority of the members elected to
the Senate. The secretary shall receive a salary equal to that
of the Secretary of Environmental Protection.
§ 3302. Forests.
(a) Powers and duties enumerated.--The department shall have
the following powers and duties with respect to State forests
and certain other Commonwealth-owned resources:
(1) To acquire, in the name of the Commonwealth, by
purchase, gift, lease or condemnation and hold as State
forests, subject to the conditions of any lease and subject
to reservations, if any, of mineral rights, stumpage rights,
rights-of-way or other encumbrances as the department
considers consistent with such holding, any lands, including
tax-delinquent lands, which, in the judgment of the
department, the Commonwealth should hold, manage, control,
protect, maintain, utilize and regulate as State forests or
for reforestation, for adding to and extending the existing
State forests, for the purpose of lessening soil erosion and
silting up of reservoirs, to control the flow of streams and
extinguish interior holdings or for the establishment and
maintenance of fire observation towers and stations and
adjoining lands as may be deemed necessary to control,
maintain and develop such towers and stations and furnish
access to them.
(2) To purchase and hold as State forests unseated,
vacant or unappropriated lands, lands advertised for sale for
taxes and land sold for taxes as may now or hereafter be
provided by law.
20090HB1050PN1614 - 6 -
(3) To hold, manage, control, protect, maintain,
utilize, develop and regulate the occupancy and use of all
lands, heretofore or hereafter acquired, owned, leased and
maintained as State forests or for reforestation, for
extending existing State forests, for the purpose of
lessening soil erosion and the silting up of reservoirs, to
control stream flow, to extinguish interior holdings and for
fire observation tower and station purposes, together with
the resources thereof.
(4) To divide this Commonwealth into such convenient
forest districts as it considers economical and effective, to
administer, protect, develop, utilize and regulate the
occupancy and use of the lands and resources of the State
forests, to protect all forest land in this Commonwealth from
forest fires, fungi, insects and other enemies, to promote
and develop forestry and knowledge of forestry throughout
this Commonwealth, to advise and assist landowners in the
planting of forest and shade trees, to obtain and publish
information respecting forest lands and forestry in this
Commonwealth, to assist in Arbor Day work and promote and
advance any other activity in local forestry which the
department may consider helpful to the public interest and to
execute the rules and regulations of the department for the
protection of forests from fire and depredation. It may also
assign district foresters to take active charge of such
forest districts and also foresters, forest rangers and other
help for the administration of forest districts as the
secretary considers necessary and for the accomplishment
throughout this Commonwealth of the purposes for which the
department is established.
20090HB1050PN1614 - 7 -
(5) To cooperate with the authorities of townships,
boroughs and cities of this Commonwealth in the acquisition
and administration of municipal forests, as may now or
hereafter be provided by law.
(6) To dispose of timber on terms most advantageous to
the Commonwealth, whenever it shall appear to the
satisfaction of the department, with reference to reforesting
and the betterment of the State forests, with respect to
control, scientific management, protection, utilization,
development and regulation of their occupancy and use, that
it would be for the best interests of the Commonwealth to
make the disposition. The department is authorized and
directed to set aside, within the State forests, unusual or
historical groves of trees or natural features especially
worthy of permanent preservation, to make the same accessible
and convenient for public use and to dedicate them in
perpetuity to the citizens of this Commonwealth for their
recreation and enjoyment.
(7) To make and execute contracts or leases in the name
of the Commonwealth for the mining or removal of any valuable
minerals or oil and gas that may be found beneath State
forests, or of oil and gas beneath those waters of Lake Erie
owned by the Commonwealth, or of oil and gas beneath lands
administered by the Department of Corrections and the
Department of Public Welfare and owned by the Commonwealth,
whenever it shall appear to the satisfaction of the
department that it would be for the best interests of this
Commonwealth to make such disposition. Any proposed contracts
or leases of valuable minerals or oil and gas exceeding
$1,000 in value shall be awarded by competitive public
20090HB1050PN1614 - 8 -
auction after having been advertised once a week for three
weeks in at least two newspapers of general circulation
published nearest the locality and in the Pennsylvania
Bulletin in advance of the auction. The contracts or leases
may then be awarded to the highest responsible bidder, who
shall give bond for the proper performance of the contract as
the department shall designate. If the Commonwealth owns a
fractional interest in oil or gas or other minerals beneath
State forests, the water of Lake Erie or lands administered
by the Department of Corrections or the Department of Public
Welfare, the requirement of the competitive public auction
may be waived, and the department may enter into a contract
to lease that fractional interest, with the approval of the
Governor, and upon such terms and conditions as the
department deems to be in the best interest of this
Commonwealth.
(8) To appoint and, with the approval of the Governor,
fix the compensation of a Chief Forest Fire Warden and such
district forest fire wardens, and to appoint and fix the
compensation of such local forest fire wardens and other
assistants as shall be required for the prevention, control
and extinction of forest fires.
(9) To establish and administer auxiliary forest
reserves, in the manner and under the terms and conditions as
may now or hereafter be provided by law.
(10) To distribute young forest trees, shrubs and vines
as provided by law to those desiring to plant them.
(11) To furnish information and issue certificates and
requisitions necessary for the payment of the fixed charges,
in lieu of taxes on State forest and auxiliary forest
20090HB1050PN1614 - 9 -
reserves, to school districts, road districts and counties,
as may now or hereafter be provided by law.
(12) To sell or exchange State forest land, as provided
by law, whenever it shall be to the advantage of the State
forest interests, provided that such action has been approved
by the Governor.
(13) To set aside, when in the judgment of the
department it is considered necessary, for exclusive use for
parks, parkways and other places of scientific, scenic,
historic or wildlife interest, any State-owned lands which
are now or which may hereafter be under the jurisdiction of
the department.
(14) To have the authority, with the approval of the
Governor, to enter into agreements with owners or lessees of
property or property rights located in the same area as lands
owned or leased by the Commonwealth, for the protection,
preservation or recovery of minerals, oil or gas or any other
deposits underlying those lands, provided the deposits are
owned by the Commonwealth.
(b) Utilization and protection.--The department has the
following powers and duties with respect to the utilization and
protection of State forests:
(1) To lease for a period not exceeding ten years, on
terms and conditions as it may consider reasonable, to any
person, such portion of any State forest, whether owned or
leased by the Commonwealth, as the department may consider
suitable, as a site for buildings and facilities to be used
by such person for health and recreation, or as a site for
church or school purposes. However, the department may, with
the approval of the Governor, if a substantial capital
20090HB1050PN1614 - 10 -
investment is involved and if it is deemed in the best
interests of this Commonwealth, enter into such leases for a
period not to exceed 35 years. The department shall not
terminate the lease of a person whose cabin has been
destroyed or seriously damaged by fire, storm, flood or other
natural causes and shall permit the rebuilding of such cabin.
The department shall permit persons holding leases to
renovate or make additions to existing cabins with the
approval of the department.
(2) To lease, for not more than ten years, small areas
in State forests, whether owned or leased by the
Commonwealth, which it considers to be better suited for the
growing of other crops than for the growing of forest trees.
If more than one person shall apply for the same tract, the
lease shall be advertised for sale in three local county
papers, if there be so many, once a week for three weeks, and
may then be awarded to the highest responsible bidder, but
the department may nevertheless reject any or all bids. Upon
the termination of any such lease, the lessee may remove
buildings and fences placed thereon at his own expense, or
the same may be purchased by the lessor as a part of the
permanent improvement of the tract, upon such terms as may be
agreed upon by the department and the lessee.
(3) To grant rights-of-way through State forests to
persons who may apply therefor when it shall appear to the
department that the grant of a right-of-way will not so
adversely affect the land as to interfere with its usual and
orderly administration, and when it shall appear that the
interests of the Commonwealth or its citizens will be
promoted by such grant. Right-of-way, as used in this
20090HB1050PN1614 - 11 -
paragraph, is construed to include rights of passage and
haulage for any lawful purpose and rights of flowage or
transmission for any lawful purpose.
(4) To give to street railway companies, duly
incorporated under the laws of this Commonwealth, upon such
terms and subject to such restrictions and regulations as the
department considers proper, the privilege to construct,
maintain and operate their lines of railway over, along and
upon public highways now laid out and in actual use, which
lie within or border on any State forests, whenever the
interests of the Commonwealth will be benefited.
(5) To give to boroughs and other municipalities of this
Commonwealth and to related municipal authorities, upon such
terms and subject to restrictions and regulations as the
department considers proper, the privilege of impounding
water and drilling water wells upon any State forest, and of
constructing, maintaining and operating lines of pipes upon
and through State forests for the purpose of conveying water
therefrom, whenever it shall be to the public interest to do
so.
(6) In all cases where there are public roads, regularly
established, running into or through or bordering upon State
forests, from time to time, to expend such reasonable sums
for the maintenance, repair or extension of such roads as may
be necessary for the proper administration and protection of
State forests. All expenses that may thus be incurred shall
be paid in the same manner as the other expenses of the
department.
(7) To enter into cooperative agreements with county,
township, municipal and private agencies for the prevention
20090HB1050PN1614 - 12 -
and suppression of forest fires as provided by law.
(8) To grant to public utility companies lawfully doing
business in this Commonwealth the privilege to construct,
maintain and operate their lines over, along and upon
highways and roads which lie within or border on any State
forests and to grant right of access by such companies to or
through State forests, in order to bring public utilities to
camps and cottages in State forests and in other homes and
farms adjacent to State forests.
(9) To grant to persons the privilege to erect,
construct, maintain and operate, on and over State-owned or
State-leased lands under the jurisdiction of the department,
antennas, towers, stations, cables and other devices and
apparatus, helpful, necessary or required for broadcasting,
telecasting, transmission, relaying or reception of
television. It may charge for such privilege such rental and
damages as the department deems the conditions and
circumstances warrant.
(10) To lease, with the approval of the Governor, State
forest lands for the underground storage of gas, upon such
terms and conditions as the secretary deems to be in the best
interest of this Commonwealth.
(11) To lease, with the approval of the Governor, and in
cooperation with the Department of Commerce, those State
forest lands acquired by gift from The Pennsylvania State
University or by acquisition from the Curtiss-Wright
Corporation, which are located at Quehanna, Pennsylvania, or
recovered through the termination of a lease with Curtiss-
Wright Corporation relating to Quehanna, Pennsylvania, and
upon which are erected certain industrial buildings
20090HB1050PN1614 - 13 -
constructed by the Curtiss-Wright Corporation for industrial
or economic development purposes or for nuclear reactor
safety zone purposes. Such leases may be made with industrial
tenants or nonprofit industrial development corporations. The
department in securing tenants shall cooperate fully with the
Department of Commerce. Every such lease entered into shall
conform in general to the terms of the standard industrial
lease used by the department and approved by the General
Counsel and the Attorney General. Every such lease shall
otherwise than as prescribed in this chapter be upon such
terms and conditions as the secretary considers in the best
interests of this Commonwealth. However, all paved roads
through the Quehanna project shall remain open to the general
public use. Any such lease may permit the tenant to alter or
expand, at its own expense and with the approval of the
department first obtained in writing, existing buildings to
meet the requirements of its particular industrial operation.
Every such lease shall provide for the deposit of industrial
floor space rentals and sewage and water rentals in a
restricted revenue account from which the department may draw
moneys for use in developing, operating and maintaining the
water and sewage disposal facilities, and replacing
machinery, equipment and fixtures appurtenant thereto, at
aforesaid Quehanna. The restricted revenue account shall be
audited two years from July 1, 1995, and at two-year
intervals thereafter, with any residue appearing in the
account at the end of each auditing period to be deposited in
the General Fund. The department is authorized to indemnify
and hold harmless PermaGrain Products, Inc., from and against
any and all damages incurred by PermaGrain Products, Inc.,
20090HB1050PN1614 - 14 -
related to personal injury or property damage, resulting from
radioactive contamination arising exclusively from
performance by this Commonwealth or its contractors of the
characterization, remediation, decontamination and removal of
radioactive materials from contaminated structures on those
State forest lands acquired from The Pennsylvania State
University or Curtiss-Wright Corporation and located at
Quehanna, Pennsylvania.
(12) To conduct competitive public auctions of Marcellus
Shale gas reserves that may be found beneath State forests.
For fiscal years 2009-2010, 2010-2011 and 2011-2012, the
department shall conduct a competitive public auction each
fiscal year of no less than 130,000 acres of State forest
land for a total of at least 390,000 acres. The department
shall advertise the auction once a week for three weeks in at
least two newspapers of general circulation published nearest
the locality and in the Pennsylvania Bulletin, and may not
accept a bid for the rights to explore and develop Marcellus
Shale gas reserves unless the bid is in an amount greater
than $2,000 per acre. A lease contract shall be awarded to
the highest responsible bidder and shall require the posting
of a bond and carry a primary term of ten years, which may be
extended. Each lease contract shall reserve as royalty
payable to the Commonwealth 16% of the market value of all
marketable gas produced at each wellhead. Lease and royalty
payments received by the Commonwealth under leases awarded
under this paragraph shall be deposited in the Oil and Gas
Lease Fund.
(c) Forest officers.--The persons employed, under the
provisions of this chapter, by the department for the protection
20090HB1050PN1614 - 15 -
of State forests shall, after taking the proper official oath
before the clerk of the court of common pleas of any county of
this Commonwealth, be vested with the same powers as are by
existing laws conferred upon constables and other peace
officers, to arrest on view, without first procuring a warrant
therefor, persons detected by them in the act of trespassing
upon any forest or timber land within this Commonwealth, under
such circumstances as to warrant the reasonable suspicion that
such person or persons have committed, are committing or are
about to commit any offense or offenses against any of the laws
now enacted or hereafter to be enacted for the protection of
forests and timber lands. The officers shall likewise be vested
with similar powers of arrest in the case of offenses against
the laws or rules and regulations enacted or established, or to
be enacted or established, for the protection of the State
forests or for the protection of the fish and game contained
therein. However, the above-mentioned rules and regulations
shall have been previously conspicuously posted upon the State
forests. The officers shall further be empowered and it shall be
their duty immediately upon any such arrest to take and convey
the offender or offenders before a justice of the peace or other
magistrate having jurisdiction, for hearing and trial or other
due process of law. The powers conferred in this subsection upon
forest officers shall extend only to the case of offenses
committed upon the State forests and lands adjacent thereto, and
the powers conferred in this subsection upon the officers shall
not be exercised beyond the limits thereof, except where
necessary for the purpose of pursuing and arresting such
offenders, or of conveying them into the proper legal custody
for punishment as aforesaid, and except where those officers are
20090HB1050PN1614 - 16 -
specially commissioned by the department as provided in this
section. The department may, at the discretion of the secretary
or his designee, specially commission certain forest officers to
preserve order in the State parks and State forests, with all of
the powers conferred on park officers under section 3303(a)(7)
(relating to parks).
(d) Chief Forest Fire Warden.--The Chief Forest Fire Warden,
subject to the approval of the secretary, shall have the
following powers and duties to:
(1) Take such measures for the prevention, control and
extinction of forest fires as will assure a reasonable
protection from fire to woodlots, forest and wild land within
this Commonwealth.
(2) Supervise and manage the forest fire wardens
throughout this Commonwealth and, when necessary, to appoint
persons who shall serve without compensation as special or as
ex officio forest fire wardens. Such special or ex officio
forest fire wardens shall have the same powers as local
forest fire wardens, but their duties may be changed or
extended by the chief forest fire warden. Any special or ex
officio forest fire warden, appointed as herein provided,
shall be entitled to receive the necessary expenses incurred
by him in the performance of his duties as forest fire
warden.
(3) Report to the secretary, at such times as the
secretary shall require, covering all phases of the work done
under his direction.
(4) Collect, with the assistance of the forest fire
wardens under his supervision, data as to location and fire
hazards of woodlots, forests and wild lands within this
20090HB1050PN1614 - 17 -
Commonwealth, as to forest fires and losses resulting
therefrom, and such other data as he may desire to present to
the department or the public.
(5) Plan and to put into operation and maintain a system
of fire towers and observation stations which shall cover the
regions subject to forest fires and to purchase the necessary
materials and equipment and hire the necessary labor.
(6) Appoint certain forest fire wardens as patrolmen for
regions subject to great fire risk during dry seasons,
whenever necessary.
(7) Enter into agreements with persons, associations or
corporations, upon satisfactory terms, for forest fire
prevention or control.
(8) Conduct educational work in relation to the
protection of forests from fire.
(9) Approve and transmit to the secretary all correct
bills for expenses incurred by him or under his supervision.
(10) Declare a public nuisance any property which by
reason of its condition or operation is a special forest fire
hazard and, as such, endangers other property or human life.
He shall notify the owner of the property or the person
responsible for the condition declared a public nuisance and
advise him of the abatement of such public nuisance. In case
of a railroad, such notice shall be served upon the
superintendent of the division where the nuisance exists.
(11) Collect and arrange information concerning
violation of laws relating to the protection of forests from
fire and present the same to the secretary, who shall file it
with the Office of Attorney General for legal action.
(12) Issue, to persons appointed forest fire wardens,
20090HB1050PN1614 - 18 -
certificates of appointment and, when deemed advisable, to
issue badges to such persons.
(e) District forest fire warden.--Each district forest fire
warden shall have the power, and his duty shall be to:
(1) Establish headquarters at some advantageous place
within his district.
(2) Act as the field representative of the Chief Forest
Fire Warden.
(3) Collect and forward to the Chief Forest Fire Warden
such data within his district as may be required by the Chief
Forest Fire Warden.
(4) Make recommendations to the Chief Forest Fire Warden
for the appointment of local forest fire wardens, the
location of towers, the employment of patrolmen, the region
to be patrolled and such other matters as may come to his
attention which would tend to improve the protective system.
(5) Arrange for annual meetings of forest fire wardens
within his district for instruction in forest fire matters.
(6) Report to the Chief Forest Fire Warden conditions
existing within his district, which are or may become forest
fire hazards, and to serve notices for the correction or
removal of such conditions, after and when issued by the
Chief Forest Fire Warden.
(7) Receive, audit and, if correct, approve the reports
and accounts of the local fire wardens before submitting them
to the Chief Forest Fire Warden.
(8) Act as an inspector of the work of the local forest
fire wardens and render assistance to them.
(9) Conduct educational work and develop cooperation
between local agencies and the department for the prevention
20090HB1050PN1614 - 19 -
and suppression of forest fires.
(10) Perform such other duties as may be assigned to him
by the secretary and the Chief Forest Fire Warden.
(f) Local forest fire wardens.--It shall be the duty of each
local forest fire warden:
(1) Whenever fire is discovered in or approaching
woodlots, forests or wild lands, whether the same be owned by
individuals, corporations or by the Commonwealth, immediately
to take such measures as are necessary to extinguish the
fire.
(2) Whenever fires have been combated or extinguished,
to prepare a correct statement of expenses, upon forms to be
furnished by the department, which must be filed with the
district forest fire warden and forwarded to the Chief Forest
Fire Warden within 60 days of the date of the fire.
(3) Promptly to investigate the cause of each fire which
comes to his knowledge, collect such evidence as may be
discovered relating thereto, and such other facts as he may
be directed to investigate, and report the same to the Chief
Forest Fire Warden.
(4) To attend an annual meeting of forest fire wardens
in his district when notified or present a reasonable excuse.
(5) When designated as a patrolman or watchman, to
perform such duties as may be assigned him by the Chief
Forest Fire Warden or by the district forest fire warden.
(g) Powers of forest fire wardens generally.--Every forest
fire warden, appointed as provided in this chapter, shall have
the power to:
(1) Employ such other persons, as in his judgment may be
necessary, to render assistance in extinguishing forest fires
20090HB1050PN1614 - 20 -
and to compel the attendance of persons and to require their
assistance in the extinguishing of forest fires.
(2) Administer an oath or affirmation in order to
examine any person who he believes knows facts relating to
any forest fire or who claims compensation for services
rendered.
(3) Enter upon any land at any time for the purpose of
performing duties in accordance with this chapter.
(4) Arrest on view, without first procuring a warrant,
any person detected by him in the act of committing an
offense against any of the laws for the protection of
forests, woodlots or wild lands or when he shall have a
reasonable suspicion that any person is committing or about
to commit some such offense. Such forest fire warden shall
have further power to take the offender before a justice of
the peace, magistrate or other officer having jurisdiction
for hearing, trial or other due process of law.
(5) Exercise the foregoing powers, not only in the
jurisdiction for or within which he may have been appointed,
but also in adjacent or other boroughs, townships or
counties.
(h) Administration of certain statutes.--The department
shall hereafter exercise the powers and duties heretofore
conferred upon the agencies and officials by the following acts:
The Commissioner of Forestry by the former act of March
30, 1897 (P.L.11, No.10), entitled "An act authorizing the
purchase by the Commonwealth of unseated lands for the non-
payment of taxes for the purpose of creating a State Forest
Reservation."
The Commissioner of Forestry and the State Forestry
20090HB1050PN1614 - 21 -
Reservation Commission by the act of February 25, 1901
(P.L.11, No.9), entitled "An act to establish a Department of
Forestry, to provide for its proper administration, to
regulate the acquisition of land for the Commonwealth, and to
provide for the control, protection and maintenance of
Forestry Reservations by the Department of Forestry."
The Commissioner of Forestry by the act of April 22, 1909
(P.L.124, No.79), entitled "An act to permit the acquisition
of forest or other suitable lands by municipalities, for the
purpose of establishing municipal forests; and providing for
the administration, maintenance, protection, and development
of such forests."
The Commissioner of Forestry by section 15 of the act of
May 13, 1909 (P.L.781, No.601), entitled "An act to create a
system of fire-wardens to preserve the forest of the
Commonwealth, by preventing and suppressing forest fires, and
prescribing penalties for the violation thereof; providing
for the compensation of the fire-wardens and those who assist
in extinguishing fire, and making an appropriation therefor."
The State Forestry Reservation Commission by the act of
May 11, 1911 (P.L.271, No.173), entitled "An act empowering
the United States of America to acquire land in the State of
Pennsylvania for National Forest Reserves, by purchase or by
condemnation proceedings; and granting to the United States
of America all rights necessary for control and regulation of
such reserves."
The State Forestry Reservation Commission by the act of
June 5, 1913 (P.L.426, No.284), entitled "An act to classify
certain surface lands as auxiliary forest reserves; to
prescribe the terms and conditions for their continuance in
20090HB1050PN1614 - 22 -
said classification, or their withdrawal therefrom; and to
provide for the expenses attendant thereon."
The Department of Forestry by the act of July 22, 1913
(P.L.906, No.432), entitled "A supplement to an act, entitled
'An act to create a system of fire-wardens to preserve the
forests of the Commonwealth, by preventing and suppressing
forest fires, and prescribing penalties for the violation
thereof; providing for the compensation of the fire-wardens
and those who assist in extinguishing fire, and making an
appropriation therefor,' approved the thirteenth day of May,
one thousand nine hundred and nine; conferring authority upon
the Department of Forestry to enter into cooperative
relations with local associations established for the purpose
of preventing forest fires, and providing for and regulating
a local fire patrol and the compensation thereof."
The Department of Forests and Waters by the act of April
21, 1915 (P.L.140, No.68), entitled "An act directing the
county commissioners of the several counties to offer for
sale to the Department of Forestry tracts of land which they
may have purchased at county treasurers' sales, for
acceptance or refusal for forestry purposes, and to convey to
the Commonwealth of Pennsylvania the tracts so offered to be
sold, if accepted by the department."
The Department of Environmental Resources and the
Secretary of Environmental Resources by section 601 of the
act of June 2, 1915 (P.L.736, No.338), known as the Workers'
Compensation Act.
The Commissioner of Forestry, the Department of Forests
and Waters and the Bureau of Forest Protection by Articles I,
V through VII and IX through XI of the act of June 3, 1915
20090HB1050PN1614 - 23 -
(P.L.797, No.353), referred to as the Forest Fire Protection
Law.
The Department of Forestry by the act of May 8, 1917
(P.L.156, No.88), entitled "An act authorizing the Department
of Forestry to purchase surface rights to lands, for use as
State forests."
The State Forest Commission by the act of May 5, 1921
(P.L.418, No.194), entitled "An act authorizing the State
Forest Commission to exchange or sell certain portions of the
State forest land, and providing for the procedure."
The Department of Forestry and the Commissioner of
Forestry by the act of May 21, 1923 (P.L.290, No.186),
entitled "An act authorizing the Department of Forestry to
grant, on terms, conditions, and stipulations, rights to
occupy and use any portions of the State forests for dams,
reservoirs, canals, pipe lines, and other water conduits, for
certain water supply purposes; and providing remedies for
violations of this act or regulations or orders hereunder, or
of such terms, conditions, or stipulations; and providing for
revocation of the grant in certain cases."
The Department of Forestry by the act of May 28, 1923
(P.L.458, No.250), entitled "An act authorizing the
Department of Forestry, with the approval of the Governor and
Attorney General, to lease for periods of not more than fifty
years, on terms, conditions, and stipulations expressed in
each lease, any portions of the State forests for dams,
reservoirs, canals, pipe lines and other water conduits,
power houses and transmission lines, for the development of
water power, for steam raising and condensation, and for the
generation and transmission of electric energy."
20090HB1050PN1614 - 24 -
The Department of Forestry by the act of June 14, 1923
(P.L.761, No.300), entitled "An act to authorize the
Department of Forestry to offer and to pay rewards for
evidence sufficient to convict anyone maliciously setting
forest fire, and to authorize payment of such rewards to
local forest fire wardens under certain conditions."
The Department of Forests and Waters and the Secretary of
Forests and Waters by the act of April 11, 1925 (P.L.232,
No.153), entitled "An act making an appropriation; and
providing for the hearing, adjusting, and paying of moral
claims against the Commonwealth for injury to, or death of,
persons while fighting forest fires under orders of agents of
the Department of Forests and Waters."
The Department of Forests and Waters and the State Forest
Commission by the act of May 13, 1925 (P.L.643, No.346),
entitled "An act to provide for the purchase by the
Commonwealth of agricultural land suited to the growing of
forest tree seedlings, and fixing a maximum amount that may
be paid therefor."
The Department of Forests and Waters and the Department
of Environmental Resources by the act of May 5, 1927
(P.L.817, No.412), entitled, as amended, "An act authorizing
and regulating the growth, sale, and distribution of forest
tree seedlings, transplants, shrubs and vines by the
Department of Forests and Waters; regulating the use of such
forest tree seedlings, transplants, shrubs and vines and
imposing duties upon the Department of Agriculture with
regard to the enforcement of this act."
The Department of Forests and Waters by the act of April
3, 1929 (P.L.135, No.137), entitled "An act authorizing the
20090HB1050PN1614 - 25 -
Department of Justice, acting for the Department of Forests
and Waters, to institute suits on behalf of the Commonwealth
to recover from persons, associations, copartnerships, and
corporations, and their officers, agents, and employes,
causing forest fires, the expenses incurred by the Department
of Forests and Waters on account of such fires."
The Secretary of Environmental Resources by section 712
of the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929.
The Secretary of Forest and Waters by the act of April
11, 1929 (P.L.515, No.219), entitled "An act for the
elimination of special forest fire hazards; authorizing the
Chief Forest Fire Warden, under certain circumstances, to
declare any such hazard a public nuisance; providing for the
abatement of the same, and for the collection of the cost of
abatement; and imposing penalties."
The Secretary of Forests and Waters by the act of May 17,
1929 (P.L.1798, No.591), referred to as the Forest Reserves
Municipal Financial Relief Law.
The Department of Environmental Resources by section 17
of the former act of May 21, 1931 (P.L.149, No.105), known as
The Liquid Fuels Tax Act.
The Secretary of Forests and Waters and the Department of
Forests and Waters by subarticle (c) of Article XXXVIII of
the act of June 23, 1931 (P.L.932, No.317), known as The
Third Class City Code.
The Department of Forests and Waters by the act of June
23, 1931 (P.L.1202, No.328), entitled "An act authorizing the
Department of Forests and Waters to cooperate with and to
receive contributions from the Federal Government for
20090HB1050PN1614 - 26 -
forestry purposes; and providing for the use of such
contributions."
The Department of Forests and Waters by subarticle (c) of
Article XXX of the act of June 24, 1931 (P.L.1206, No.331),
known as The First Class Township Code.
The Department of Forests and Waters by the act of April
13, 1933 (P.L.35, No.30), entitled "An act for the
development and use of unredeemed seated and unseated lands
purchased by county commissioners at tax sales; providing for
the holding and permanent retention of such lands by the
county for forest or recreational uses beneficial to the
local community, or for their transfer to the State, under
suitable restrictions for similar uses, subject to certain
annual charges; providing for the use of revenues derived
from such lands; providing a procedure for the discharge of
liens of record against such lands by sale after notice to
owners and lien creditors; providing for the sale by counties
of such lands as are retained by the county; providing for
the appointment by local State Forest Advisory Councils; and
conferring powers upon the Department of Forests and Waters
and the Board of Game Commissioners with respect to the
acquisition and exchange of such lands, their proper
organization and development, and the acceptance of gifts of
lands."
The Department of Forests and Waters by sections 1908,
1909, 1910, 1911, 1912, 1913, 1914 and 1915 of the act of May
1, 1933 (P.L.103, No.69), known as The Second Class Township
Code.
The Department of Forests and Waters by the act of May
22, 1933 (P.L.853, No.155), known as The General County
20090HB1050PN1614 - 27 -
Assessment Law.
The Department of Forests and Waters by the act of May
22, 1933 (P.L.907, No.165), entitled "An act empowering the
Department of Forests and Waters and the Board of Game
Commissioners to purchase, in the name of the Commonwealth,
seated and unseated lands at tax sales held by county
treasurers; providing for and regulating the payment of the
purchase price and redemptions in such cases; and providing
for the payment of State charges on such lands."
The Secretary of Forests and Waters by the act of July
29, 1953 (P.L.970, No.235), referred to as the Middle
Atlantic Interstate Forest Fire Protection Compact Act.
The Secretary of Forests and Waters and the Department of
Forests and Waters by the former act of July 9, 1959
(P.L.510, No.137), known as the Pennsylvania Public Lands
Act.
The Department of Forests and Waters by the act of June
15, 1961 (P.L.418, No.208), known as the State Forest Lands
Prospecting Act.
The Secretary of Forests and Waters and the Department of
Forests and Waters by subarticle (c) of Article XXVII of the
act of February 1, 1966 (1965 P.L.1656, No.581), known as The
Borough Code.
The Department of Forests and Waters by subarticle (e) of
Article III of the act of June 13, 1967 (P.L.31, No.21),
known as the Public Welfare Code.
The Department of Environmental Resources by the act of
June 27, 1973 (P.L.70, No.30), entitled "An act amending the
act of May 13, 1915 (P.L.286, No.177), entitled 'An act to
provide for the health, safety, and welfare of minors: By
20090HB1050PN1614 - 28 -
forbidding their employment or work in certain establishments
and occupations, and under certain specified ages; by
restricting their hours of labor, and regulating certain
conditions of their employment; by requiring employment
certificates or transferable work permits for certain minors,
and prescribing the kinds thereof, and the rules for the
issuance, reissuance, filing, return, and recording of the
same; by providing that the Industrial Board shall, under
certain conditions, determine and declare whether certain
occupations are within the prohibitions of this act;
requiring certain abstracts and notices to be posted;
providing for the enforcement of this act by the Secretary of
Labor and Industry, the representative of school districts,
and police officers; and defining the procedure in
prosecutions thereunder, and establishing certain
presumptions in relation thereto; providing for the issuance
of special permits for minors engaging in the entertainment
and related fields; providing penalties for the violation of
the provisions thereof; and repealing all acts or parts of
acts inconsistent therewith,' providing for participation in
certain training and fire-fighting activities."
The Department of Environmental Resources by the act of
July 20, 1974 (P.L.524, No.178), referred to as the
Interstate Cooperation Fire Protection Act.
The Department of Environmental Resources by the act of
April 29, 1982 (P.L.369, No.103), entitled "An act
authorizing the Department of Environmental Resources to
reimburse cooperating counties for a portion of each county's
costs incurred under State-County-Federal gypsy moth programs
and out of a Federal Augmentation appropriation made to the
20090HB1050PN1614 - 29 -
department."
The Department of Environmental Resources by the act of
December 20, 1983 (P.L.257, No.71), entitled "An act
prohibiting the cutting, digging, removal, transportation or
sale within this Commonwealth for any purpose of Christmas
trees, without a bill of sale or other proof of ownership
from the owner of the land on which the same are grown; and
providing a penalty."
The Department of Environmental Resources by 34 Pa.C.S. §
723 (relating to exchange or sale).
The Department of Environmental Resources by 74 Pa.C.S. §
5905 (relating to certain State-owned airport).
§ 3303. Parks.
(a) Powers and duties enumerated.--The department shall have
the following powers and duties with respect to State parks:
(1) To supervise, maintain, improve, regulate, police
and preserve all parks belonging to the Commonwealth.
(2) For the purpose of promoting healthful outdoor
recreation and education and making available for such use
natural areas of unusual scenic beauty, especially such as
provide impressive views, waterfalls, gorges, creeks, caves
or other unique and interesting features, to acquire, in the
name of the Commonwealth, by purchase, gift, lease or
condemnation, any lands which in the judgment of the
department should be held, controlled, protected, maintained
and utilized as State parks. Such lands may be purchased or
accepted, subject to the conditions of any such lease and
subject to such reservations, if any, of mineral rights,
rights-of-way or other encumbrances as the department may
deem not inconsistent with such holdings. However, the amount
20090HB1050PN1614 - 30 -
expended for the acquisition of lands for State park purposes
shall not be more than the amount specifically appropriated
for such purposes.
(3) To see that conveniences and facilities for the
transportation, shelter, comfort and education of people
shall be so designed and constructed as to retain, so far as
may be, the naturalistic appearance of State park areas,
surroundings and approaches, and conceal the hand of man as
ordinarily visible in urban, industrial and commercial
activities.
(4) To lease for a period not to exceed ten years, on
such terms as may be considered reasonable, to any person,
corporation, association or organization of this Commonwealth
a portion of any State park, whether owned or leased by the
Commonwealth, as may be suitable as a site for buildings and
facilities to be used for health, recreational or educational
purposes, or for parking areas or concessions for the
convenience and comfort of the public. However, the
department may, with the approval of the Governor, if a
substantial capital investment is involved and if it is
deemed in the best interests of the Commonwealth, enter into
such leases for a period of not more than 35 years.
(5) To study, counsel and advise in reference to gifts
of lands or money for park purposes.
(6) To counsel and advise in reference to the
development of park lands by concessionaires with facilities
and equipment for the accommodation and education of the
public.
(7) To appoint and commission persons to preserve order
in the State parks, which persons shall have all of the
20090HB1050PN1614 - 31 -
following powers:
(i) To make arrests without warrant for all
violations of the law which they may witness and to serve
and execute warrants issued by the proper authorities.
However, in cases of offenses for violation of any of the
provisions of 75 Pa.C.S. (relating to vehicles), the
power to make arrests without warrant shall be limited to
cases where the offense is designated a felony or a
misdemeanor or in cases causing or contributing to an
accident resulting in injury or death to any person.
(ii) To have all the powers and prerogatives
conferred by law upon members of the police force of
cities of the first class.
(iii) To have all the powers and prerogatives
conferred by law upon constables of this Commonwealth.
(iv) To serve subpoenas issued for any examination,
investigation or trial under any law of this
Commonwealth.
(v) When authorized by the secretary or his
designee, to exercise all of the foregoing powers in
State forests or in other areas administered by the
department.
(8) For the purpose of providing parking facilities and
incidental services within the borders of any State park area
situate in the City of Philadelphia to lease or grant, by and
with the written approval of the Governor, any portion of any
such State park area, underground, aboveground, or both, to
the city or to any parking authority now or hereafter
existing in the city, under the provisions of the former act
of June 5, 1947 (P.L.458, No.208), known as the Parking
20090HB1050PN1614 - 32 -
Authority Law, as the same may now or hereafter be amended,
if:
(i) the City of Philadelphia or the parking
authority agrees that the lands and interests and
privileges therein shall be used by the city or parking
authority, or any lessee or sublessee holding under
either of them, pursuant to any lease or sublease granted
by the city or parking authority as may be permitted by
law, to promote the establishment of parking services and
facilities, but portions of the street level or lower
floors of the parking facilities may be leased for
commercial use, including emergency automobile repair
service and the sale by the lessee of any commodity of
trade or commerce or any service except the sale of
gasoline or automobile accessories; and
(ii) the department, with the written approval of
the Governor, determines that the lease or grant:
(A) will aid in promoting the public safety,
convenience and welfare of the people of Philadelphia
by aiding in the establishment of adequate parking
services for the convenience of the public and
otherwise promoting the public policy of the
Commonwealth in authorization for the creation of
parking authorities; and
(B) will not unduly interfere with the promotion
of those public objects for which the State park area
was acquired and for which it is held.
Any lease or grant shall be upon the terms and conditions
of the period or periods of time the department, with the
written approval of the Governor, may prescribe. The
20090HB1050PN1614 - 33 -
department shall execute and deliver and is empowered to
receive deeds or other legal instruments necessary to
effectuate any lease or grant. All deeds and instruments
shall have the prior approval of the Office of General
Counsel and the Office of Attorney General, and a copy
thereof shall be filed with the Department of Community
Affairs.
(9) To make and execute contracts or leases in the name
of the Commonwealth for the removal of any oil or gas that
may be found beneath State parks whenever it shall appear to
the satisfaction of the department that it would be for the
best interests of this Commonwealth to make such disposition.
Any proposed contracts or leases of oil and gas exceeding
$1,000 in value shall be awarded by competitive public
auction after having been advertised once a week for three
weeks in at least two newspapers of general circulation
published nearest the locality and in the Pennsylvania
Bulletin in advance of the auction. The contracts or leases
may then be awarded to the highest responsible bidder, who
shall give bond for the proper performance of the contract as
the department shall designate. If the Commonwealth owns a
fractional interest in oil or gas beneath State parks, the
requirement of the competitive public auction may be waived,
and the department may enter into a contract to lease that
fractional interest, with the approval of the Governor, and
upon such terms and conditions as the department deems to be
in the best interests of this Commonwealth.
(10) To grant rights-of-way through State parks to
persons who may apply therefor when it shall appear to the
department that the grant of a right-of-way will not so
20090HB1050PN1614 - 34 -
adversely affect the land as to interfere with its usual and
orderly administration and when it shall appear that the
interests of the Commonwealth or its citizens will be
promoted by the grant. Right-of-way, as used in this
paragraph, is construed to include rights of passage and
haulage for any lawful purpose and rights of flowage or
transmission for any lawful purpose.
(11) To grant rights-of-way in and through State parks
to municipal authorities and political subdivisions of this
Commonwealth for the laying of water lines and of lines for
the transportation of sewage to sewage lines or sewage
treatment facilities on State park land under such terms and
conditions, including the payment of fees, as the department
may deem proper and when it shall appear that the grant of
such right-of-way will not so adversely affect the land as to
interfere with its usual and orderly administration and that
the interests of this Commonwealth or its citizens will be
promoted by such grant.
(12) To issue permits under emergency situations, upon
such terms and subject to such restrictions, fees and
regulations as the department may deem proper, for the
utilization of water at a State park and for constructing,
maintaining and operating lines of pipes upon and through a
State park for the purpose of conveying water therefrom,
wherever it shall be in the public interest to do so.
(b) Administration of certain statutes.--The department
shall hereafter exercise the powers and duties heretofore
conferred upon those agencies and officials by the following
acts:
The Snyder-Middleswarth Park Commission and the
20090HB1050PN1614 - 35 -
Department of Forests and Waters by the act of April 12, 1921
(P.L.123, No.73), entitled "An act providing for the
establishment and the regulation of a State park, to be known
as the Snyder-Middleswarth State Park."
The Pennsylvania State Park and Harbor Commission of Erie
by the act of May 27, 1921 (P.L.1180, No.436), entitled "An
act dedicating certain lands of the Commonwealth of
Pennsylvania, situated in the city and county of Erie, to
public use as an historical memorial and public State park;
aiding in the development of the harbor of Erie; and creating
a commission to manage and control said lands and said harbor
improvements; empowering said commission to purchase or
receive by gift other lands for the purpose of this act;
providing for the appointment of members of said commission,
and that the Secretary of Internal Affairs and the
Commissioner of Fisheries shall be ex officio members
thereof; defining the duties and powers of said commission;
excepting rights and privileges in said lands heretofore
granted; and making an appropriation."
The Department of Forests and Waters by the act of April
14, 1927 (P.L.295, No.168), entitled "An act providing for
the acquisition by the Department of Forests and Waters, in
the name of the Commonwealth, of certain lands in Jefferson,
Forest, and Clarion Counties, Pennsylvania, belonging to the
A. Cook Sons Company, for use as a State Park and Forest
Reservation; making an appropriation for said acquisition;
providing for the management of said property by said
department and defining the uses to which the property shall
be put."
The Department of Forests and Waters and the Water and
20090HB1050PN1614 - 36 -
Power Resources Board by the act of May 2, 1929 (P.L.1530,
No.456), referred to as the Pymatuning Swamp Reservoir
Project Law.
The Department of Forests and Waters by the act of June
2, 1933 (P.L.1415, No.301), entitled "An act dedicating and
setting aside certain lands in Cameron and Clinton Counties
as a public park and pleasure-ground, to be known as
'Bucktail State Park'; and imposing certain powers and duties
in connection therewith upon the Department of Forests and
Waters and the Department of Justice of the Commonwealth."
The Department of Forests and Waters and the Pennsylvania
State Park and Harbor Commission of Erie by the act of July
15, 1935 (P.L.1002, No.320), entitled "An act relating to the
Pennsylvania State Park at Erie, authorizing the Department
of Forests and Waters to revoke and terminate certain
revocable grants and to acquire, by purchase or eminent
domain, private property rights or interests in respect to
any lands within said park."
The Department of Forests and Waters by the act of July
1, 1937 (P.L.2651, No.516), entitled "An act dedicating and
setting aside certain lands in Lackawanna County as a public
park and pleasure-ground; and imposing certain powers and
duties in connection therewith on the Department of Forests
and Waters."
The Secretary of Forests and Waters, the Department of
Forests and Waters and the State Parks Commission by the act
of June 21, 1939 (P.L.621, No.290), entitled "An act
authorizing the Secretary of Forests and Waters to utilize or
transfer to the Department of Highways, canal properties or
parts thereof acquired by the Department of Forests and
20090HB1050PN1614 - 37 -
Waters, and, in connection with such use, to sell waters from
such canals."
The Secretary of Forests and Waters by the act of June
21, 1939 (P.L.622, No.291), entitled "An act authorizing the
Secretary of Forests and Waters, with approval of the
Governor, to accept and acquire by gift, grant or other
lawful means certain canal properties."
The Department of Forests and Waters by the act of August
1, 1941 (P.L.609, No.257), entitled "An act providing for the
acquisition by the Department of Forests and Waters, in the
name of the Commonwealth, of certain lands in Luzerne,
Sullivan and Wyoming Counties for use as a State Park; making
an appropriation for said acquisition; providing for the
management of said property by said department, and defining
the uses to which the property shall be put."
The Department of Forests and Waters by the act of August
12, 1963 (P.L.658, No.343), entitled "An act providing for
the acquisition by the Department of Forests and Waters of
the Kinzua Bridge and certain adjoining grounds for a State
park, and making an appropriation."
The Department of Forests and Waters by the act of June
22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70
Land Acquisition and Borrowing Act.
The Department of Environmental Resources by the act of
July 20, 1974 (P.L.543, No.187), entitled "An act authorizing
the lease of Independence Mall State Park in the City of
Philadelphia, Philadelphia County, to the Government of the
United States of America for use as a National Park, and
further authorizing the conveyance of said State Park to the
United States of America for use as a National Park, and,
20090HB1050PN1614 - 38 -
with certain reservations, ceding jurisdiction over such
lands."
The Department of Environmental Resources by 30 Pa.C.S. §
902 (relating to enforcement of other laws).
§ 3304. Facility development.
(a) General rule.--The department has all powers and duties
previously vested in the Department of Environmental Resources
to design, construct, improve, maintain and repair those lands
and facilities which it deems necessary or appropriate in the
exercise of the powers and duties transferred by this chapter.
(b) Powers not restricted.--The powers and duties conferred
by this section are not restricted by Article XXIV of the act of
April 9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929, to any greater extent than were the powers and
duties of the Department of Environmental Resources in
accordance with section 2401.2 of that act.
(c) Administration of certain statutes.--The department
shall hereafter exercise the powers and duties heretofore
conferred upon the agencies and officials by the following acts:
The Department of Forests and Waters and the Secretary of
Forests and Waters by the act of May 20, 1921 (P.L.984,
No.353), entitled "An act providing for the condemnation by
the Commonwealth of lands suitable and desirable for forest
purposes or game preserve purposes or the perpetuation and
protection of fish; and defining the powers and duties of the
Department of Forestry, the Board of Game Commissioners, and
the Department of Fisheries, respectively, in relation
thereto."
The Department of Forests and Waters by the act of March
26, 1925 (P.L.84, No.53), entitled "An act authorizing the
20090HB1050PN1614 - 39 -
Department of Forests and Waters to accept gifts, donations,
or contributions under certain circumstances; and providing
for the use of such gifts."
The Secretary of Forests and Waters, the Department of
Forests and Waters and the Chief Forest Fire Warden by the
act of March 1, 1945 (P.L.15, No.7), entitled "An act to
authorize the Department of Forests and Waters to lease or
sell its telephone lines or parts thereof."
The Department of Forests and Waters by the act of May
22, 1945 (P.L.834, No.335), entitled "An act providing for
the acceptance by the Commonwealth of a gift of lands from
the United States of America, or any Federal agency, and
placing such lands under the control and supervision of the
Department of Forests and Waters."
The Department of Forests and Waters and the Secretary of
Forests and Waters by the act of December 15, 1955 (P.L.865,
No.256), entitled "An act requiring rents and royalties from
oil and gas leases of Commonwealth land to be placed in a
special fund to be used for conservation, recreation, dams,
and flood control; authorizing the Secretary of Forests and
Waters to determine the need for and location of such
projects and to acquire the necessary land."
The Department of Forests and Waters by the act of
January 19, 1968 (1967 P.L.992, No.442), entitled "An act
authorizing the Commonwealth of Pennsylvania and the local
government units thereof to preserve, acquire or hold land
for open space uses."
The Department of Environmental Resources by the act of
November 29, 1990 (P.L.600, No.151), entitled "An act
amending Title 66 (Public Utilities) of the Pennsylvania
20090HB1050PN1614 - 40 -
Consolidated Statutes, providing an opportunity for
municipalities to purchase real property being disposed of by
public utilities engaged in a railroad business."
The Department of Environmental Resources by the act of
July 2, 1993 (P.L.359, No.50), known as the Keystone
Recreation, Park and Conservation Fund Act.
§ 3305. Ecological and geological services.
(a) Powers and duties enumerated.--The department shall have
the power and its duty shall be with respect to the study and
protection of the Commonwealth's ecological and geological
resources:
(1) To undertake, conduct and maintain the organization
of a thorough and extended survey of this Commonwealth for
the purpose of elucidating the geology and topography of this
Commonwealth. The survey shall disclose the chemical analysis
and location of ores, coals, oils, clays, soils, fertilizing
and of other useful minerals, and of waters, as shall be
necessary to afford the agricultural, forestry, mining,
metallurgical and other interests of this Commonwealth and
the public a clear insight into the character of its
resources. It shall also disclose the location and character
of such rock formations as may be useful in the construction
of highways or for any other purpose.
(2) To collect such specimens as may be necessary to
form a complete cabinet collection of specimens of the
geological and mineral resources of this Commonwealth and
deposit the same in the State Museum of Pennsylvania.
(3) To put the results of the survey, with the results
of previous surveys, into a form convenient for reference.
(4) To collect copies of the surveys of this and other
20090HB1050PN1614 - 41 -
states and countries and digest the information therein
contained to the end that the survey hereby contemplated may
be made as thorough, practical and convenient as possible.
(5) To enter into and upon all lands and localities in
this Commonwealth which it may be necessary to examine for
the purpose of survey; but, in such entry, no damage to
property shall be done.
(6) To avail itself as fully as possible of the
information, maps and surveys possessed by citizens and
corporations of this Commonwealth, relative to the geology
and topography of this Commonwealth.
(7) To transmit all publications of the survey, or any
part thereof, to the Department of General Services to be
copyrighted by the Secretary of General Services in the name
of the Commonwealth.
(8) To arrange for the cooperation of the United States
Geological Survey or of such other national organization as
may be authorized to engage in such work.
(9) To exercise the powers and duties vested in the
Department of Environmental Resources by the act of June 23,
1982 (P.L.597, No.170), known as the Wild Resource
Conservation Act. Notwithstanding any provision in the act to
the contrary, the department may use any funds appropriated
to it to carry out the purposes of this section.
(10) To undertake, conduct and maintain the organization
of a thorough and extended survey of this Commonwealth for
the purpose of inventory, survey and elucidation of the
ecological resources of this Commonwealth, to gather and
digest information from sources within and outside this
Commonwealth and to put the results of the survey into a form
20090HB1050PN1614 - 42 -
convenient for reference. The ecological survey should
identify the significant natural features of this
Commonwealth and the species which comprise these features.
(b) Administration of certain statute.--The department shall
exercise and is vested with the powers and duties established by
the act of May 29, 1956 (1955 P.L.1840, No.610), known as the
Water Well Drillers License Act.
§ 3306. Community recreation and heritage conservation.
(a) Powers and duties.--The department shall have the
following powers and duties with respect to community recreation
and heritage conservation:
(1) To administer Federal and State programs for grants
and loans to local governments, municipal authorities and
nonprofit organizations for community and regional projects
involving the planning, acquisition, rehabilitation and
development of public park, recreation and conservation
areas, facilities and programs.
(2) To provide technical assistance and other services
to communities, nonprofit groups, regional organizations,
Federal and State agencies and organizations and the general
public on any aspect of planning, acquiring, improving,
managing, operating and maintaining public park, recreation
and conservation areas, facilities and programs.
(3) To administer Federal and State heritage
conservation programs, such as the Pennsylvania Heritage
Parks Program and other programs that preserve, enhance and
promote natural, recreational, cultural and scenic resources
for heritage conservation, tourism and economic development.
(4) To provide grants and technical assistance to
communities and zoo organizations for the rehabilitation and
20090HB1050PN1614 - 43 -
development of public zoological parks or other areas.
(b) Agreements with other agencies.--The department has the
powers and duties to coordinate and enter into agreements with
Federal agencies, State agencies, local governments and
nonprofit organizations to carry out the aforementioned powers
and duties.
(c) Community affairs.--The department shall have the powers
and duties previously vested in the Secretary of Community
Affairs and the Department of Community Affairs by the following
acts:
The act of January 19, 1968 (1967 P.L.996, No.443), known
as The Land and Water Conservation and Reclamation Act.
The former act of December 21, 1973 (P.L.425, No.148),
entitled "An act authorizing the establishment of
environmental advisory councils by certain political
subdivisions."
The act of July 2, 1984 (P.L.527, No.106), known as the
Recreational Improvement and Rehabilitation Act.
The act of July 2, 1993 (P.L.359, No.50), known as the
Keystone Recreation, Park and Conservation Fund Act.
(d) Project 70.--The department shall have the powers and
duties vested in the Department of Commerce by the act of June
22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70 Land
Acquisition and Borrowing Act, and transferred to the Department
of Community Affairs by section 2501-C(h) of the act of April 9,
1929 (P.L.177, No.175), known as The Administrative Code of
1929.
§ 3307. Rivers conservation.
(a) General rule.--The department shall have the power and
duty to assist in the conservation, enhancement and restoration
20090HB1050PN1614 - 44 -
of the river resources of this Commonwealth and may make grants
and provide technical assistance to local governments and
nonprofit organizations for river conservation projects.
(b) Scenic rivers.--
(1) The department shall have the powers and duties
previously vested in the Department of Environmental
Resources by the act of December 5, 1972 (P.L.1277, No.283),
known as the Pennsylvania Scenic Rivers Act.
(2) The department shall have the powers and duties
previously vested in the Department of Environmental
Resources by the following acts:
The act of November 26, 1978 (P.L.1415, No.333),
known as the Schuylkill Scenic River Act.
The act of March 24, 1980 (P.L.50, No.18), known as
the Stony Creek Wild and Scenic River Act.
The act of April 5, 1982 (P.L.222, No.71), known as
the Lehigh Scenic River Act.
The act of April 29, 1982 (P.L.351, No.97), known as
the French Creek Scenic Rivers Act.
The act of December 17, 1982 (P.L.1402, No.324),
known as the Lick Run Wild and Scenic River Act.
The act of October 21, 1983 (P.L.171, No.43), known
as the Octoraro Creek Scenic Rivers Act.
The act of March 30, 1988 (P.L.318, No.42), known as
the LeTort Spring Run Scenic River Act.
The act of December 19, 1988 (P.L.1286, No.161),
known as the Tucquan Creek and Bear Run Scenic Rivers
Act.
The act of June 16, 1989 (P.L.22, No.7), known as the
Lower Brandywine Scenic Rivers Act.
20090HB1050PN1614 - 45 -
The act of December 4, 1992 (P.L.763, No.116), known
as the Yellow Breeches Creek Scenic River Act.
The act of December 4, 1992 (P.L.767, No.118), known
as the Tulpehocken Creek and Yellow Breeches Creek Scenic
River Act.
The act of December 4, 1992 (P.L.784, No.124), known
as the Pine Creek Scenic Rivers Act.
§ 3308. Trails and greenways.
(a) General rule.--The department shall have the power and
duty to assist in the planning, establishment and development of
trails and greenways throughout this Commonwealth and may make
grants and provide technical assistance to local governments and
nonprofit organizations for the planning, acquisition and
development of recreational trail and greenway projects.
(b) Rails to trails.--The department shall have the powers
and duties previously vested in the Department of Environmental
Resources and the Environmental Quality Board by the act of
December 18, 1990 (P.L.748, No.188), known as the Rails to
Trails Act.
(c) Snowmobiles and ATVs.--The department shall have the
powers and duties vested in the Department of Environmental
Resources by 75 Pa.C.S. Ch. 77 (relating to snowmobiles and all-
terrain vehicles).
(d) Appalachian Trail.--The department shall have the powers
and duties vested in the Department of Environmental Resources
by the act of April 28, 1978 (P.L.87, No.41), known as the
Pennsylvania Appalachian Trail Act.
(e) Construction.--Nothing in this chapter shall be
construed to be grounds for the imposition of responsibility by
the Pennsylvania Public Utility Commission for maintenance or
20090HB1050PN1614 - 46 -
costs of any railroad crossing or abandoned railroad crossing
under 66 Pa.C.S. Ch. 27 (relating to railroads).
§ 3309. Youth conservation programs.
(a) Powers and duties.--The department shall have the powers
and duties previously vested in the Department of Environmental
Resources by the act of July 2, 1984 (P.L.561, No.112), known as
the Pennsylvania Conservation Corps Act.
(b) Federal funding.--The department shall have the power to
establish and maintain conservation work experience programs
authorized and funded under Federal law and to accept, use and
grant funds made available by Federal agencies for such
programs.
§ 3310. Volunteers.
(a) Services of individuals without compensation.--The
secretary is authorized to recruit, train and accept without
regard to the civil service classification laws, rules or
regulations, the services of individuals without compensation as
volunteers for or in aid of interpretive functions, visitor
services, conservation measures and development or other
activities in and related to State park and forest areas and
other conservation and natural resource activities administered
by the department.
(b) Expenses.--The secretary is authorized to provide for
incidental expenses, such as transportation, uniforms, lodging
and subsistence.
(c) Status of volunteers.--
(1) Except as otherwise provided in this section, a
volunteer shall not be deemed to be a Commonwealth employee
and shall not be subject to the provisions of law relating to
Commonwealth employment, including those relating to hours of
20090HB1050PN1614 - 47 -
work, rates of compensation, leave, unemployment compensation
and Commonwealth employee benefits.
(2) Volunteers performing work under the terms of this
chapter shall be authorized to operate Commonwealth vehicles
and shall be treated for the purposes of automotive and
general liability as employees of the Commonwealth.
(3) For the purposes of the act of June 2, 1915
(P.L.736, No.338), known as the Workers' Compensation Act,
volunteers under this chapter shall be deemed employees of
the Commonwealth.
(4) No volunteer shall be assigned to any position,
covered by any labor agreement, presently filled or
authorized in the department.
(d) Natural Resource Volunteer Program.--The department
shall have the power and authority to do all things necessary
and expedient to establish and operate a Natural Resource
Volunteer Program and to promulgate rules and regulations under
this section.
§ 3311. Environmental education.
The department shall establish a program to provide and
promote environmental education related to the conservation,
utilization and preservation of the natural resources of this
Commonwealth. For these purposes, the department may use funds
provided by the Department of Environmental Protection under the
act of June 22, 1993 (P.L.105, No.24), known as the
Environmental Education Act, and any other available funds. The
amount of funds provided by the Department of Environmental
Protection shall not be less than 25% of the annual receipts of
the Environmental Education Fund and may be used for the purpose
stated in this section notwithstanding any limitations in the
20090HB1050PN1614 - 48 -
Environmental Education Act.
§ 3312. Whitewater recreation.
(a) General rule.--The department shall have the power and
duty to promulgate rules and regulations to protect, manage and
regulate the recreational use of designated whitewater zones, to
license whitewater outfitters operating within designated
whitewater zones and to establish fees, royalties and charges
for licenses and for using public lands, waters and facilities.
(b) License guidelines.--For each specific designated
whitewater zone, a license to continue operating as a whitewater
rafting outfitter shall be issued by the department to any
whitewater rafting outfitter who:
(1) has provided whitewater rafting services on a
designated whitewater zone for a period of five or more
years;
(2) has provided those services under formal agreement
with the department;
(3) has demonstrated an acceptable measure of compliance
with the safety and operational requirements of that
agreement; and
(4) has provided whitewater rafting services on that
designated whitewater zone prior to operation and management
of that designated whitewater zone through formal agreement
with the department.
Each whitewater rafting outfitter presently conducting
whitewater rafting trips under agreement with the Department of
Environmental Resources shall be deemed to fulfill the foregoing
criteria.
(c) Renewal.--Licenses issued by the department to continue
to operate as a whitewater rafting outfitter:
20090HB1050PN1614 - 49 -
(1) shall be for a period of ten years and shall be
renewable under guidelines appropriate and necessary to
protect the public health, safety and interest and provide
stability to the outfitting industry;
(2) shall be transferable under reasonable guidelines of
the department relating to transfer of licenses and required
qualifications of transferees;
(3) shall include the right to continue to utilize or
lease any premises leased before July 1, 1995, by a
whitewater rafting outfitter from the department or offer to
lease such access areas as the department deems appropriate
for use by whitewater rafting outfitters; and
(4) shall supersede, after the adoption of regulations,
any agreement between the department and a whitewater rafting
outfitter, except fee agreements in which a whitewater
rafting outfitter is required to pay the department a fee,
which fee agreements shall continue for the life of the
agreement and which shall not preclude the issuance of a
license.
(d) Additional whitewater rafting outfitter licenses.--The
department may, with regard to a specific designated whitewater
zone, accept bids, issue licenses and charge fees and royalties
for an additional whitewater rafting outfitter only if the
department determines that there is additional whitewater
rafting outfitter carrying capacity on the waterway and that
there is a need for additional whitewater rafting outfitter
allocations. Such licenses shall apply only for that specific
designated whitewater zone and only for a period not to exceed
ten years.
(e) Operation and safety of whitewater zone.--Licensed
20090HB1050PN1614 - 50 -
whitewater rafting outfitters shall be subject to all
appropriate rules, regulations and guidelines promulgated by the
department for the purposes of regulating the operation and
safety of each designated whitewater zone.
(f) Termination.--Licenses granted by the department may be
terminated by the department for noncompliance after a 30-day
written notice to the outfitter and a hearing in accordance with
2 Pa.C.S. (relating to administrative law and procedure).
§ 3313. Rulemaking authority.
(a) Interests of Commonwealth.--The department shall, in the
manner provided by law, promulgate such rules and regulations,
not inconsistent with law, for the control, management,
protection, utilization, development, occupancy and use of the
lands and resources of State parks and State forests, as it may
deem necessary or proper to conserve the interests of the
Commonwealth.
(b) State parks.--Rules and regulations with respect to
State parks shall be compatible with the purposes for which
State parks are created.
(c) State forests.--Rules and regulations with respect to
State forests shall be compatible with the purposes for which
the State forests are created, namely to provide a continuous
supply of timber, lumber, wood, other forest products and other
resources, to protect the watersheds, conserve the waters and
regulate the flow of rivers and streams of this Commonwealth and
to furnish opportunities for healthful recreation to the public.
(d) General rule.--The department shall promulgate such
rules and regulations as are necessary to carry out this
chapter.
(e) Conduct on Commonwealth property.--The department shall
20090HB1050PN1614 - 51 -
have the powers vested in the Department of Environmental
Resources under 18 Pa.C.S. § 7506 (relating to violation of
rules regarding conduct on Commonwealth property).
(f) Powers of Environmental Quality Board.--The department
shall continue to exercise any power to formulate, adopt and
promulgate rules and regulations heretofore vested in the
Environmental Quality Board set forth in section 1920-A(c) of
the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929, insofar as that power relates to
the power and duty to promulgate regulations imposed upon the
Department of Forests and Waters, the Secretary of Forests and
Waters, the Pennsylvania State Park and Harbor Commission of
Erie and the State Forest Commission.
(g) Powers and duties conferred by statute.--The department
shall have the powers and duties previously vested in the
Environmental Quality Board by the following:
Sections 7, 8 and 9 of the act of June 23, 1982 (P.L.597,
No.170), known as the Wild Resource Conservation Act.
Section 5 of the act of December 18, 1990 (P.L.748,
No.188), known as the Rails to Trails Act.
(h) Existing rules.--Any such rules and regulations
promulgated prior to the July 1, 1995, shall be the rules and
regulations of the department until such time as they are
modified or repealed by the department.
(i) Law applicable.--The department shall promulgate its
rules and regulations subject to the act of July 31, 1968
(P.L.769, No.240), referred to as the Commonwealth Documents
Law, the act of October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act, and the act of June 25, 1982
(P.L.633, No.181), known as the Regulatory Review Act, except
20090HB1050PN1614 - 52 -
for the establishment of fees and charges under section 3314
(relating to fees and charges).
§ 3314. Fees and charges.
Whenever the department imposes fees or charges for
activities, admissions, uses or privileges, including charges
for concessions, at or relating to State parks, such charges or
fees shall be used solely for the acquisition, maintenance,
operation or administration of the State park system and are
appropriated for such purposes. The department shall not adopt
or impose any charges or fees for parking or general admission
to State parks unless the charges were imposed prior to January
1, 1995. The department may continue to impose and modify
parking charges and fees applicable to specific services or
units within the State park system which were imposed prior to
January 1, 1995, and may impose charges or fees for admission to
and for use of specific services and facilities in State parks.
The department shall continue to exercise the powers previously
vested in the Environmental Quality Board regarding the
imposition of fees and charges for State parks and State
forests.
§ 3315. Conservation and Natural Resources Advisory Council.
(a) Composition.--The Conservation and Natural Resources
Advisory Council shall consist of the Secretary of Conservation
and Natural Resources, six members who shall be appointed by the
Governor, no more than three of whom shall be of the same
political party, six members who shall be appointed by the
President pro tempore of the Senate, no more than three of whom
shall be of the same political party, and six members who shall
be appointed by the Speaker of the House of Representatives, no
more than three of whom shall be of the same political party.
20090HB1050PN1614 - 53 -
The appointed members of the council shall be citizens of this
Commonwealth who, during their respective terms, shall hold no
other Commonwealth office to which any salary is attached. The
council shall include persons knowledgeable in fields related to
the work of the department.
(b) Term.--The term of office of each appointed member shall
be three years, measured from the third Tuesday of January of
the year in which he takes office, or until his successor has
been appointed; except that in the initial appointments of the
members of the council, the respective appointing authorities
shall appoint two members for terms of one year each, two
members for terms of two years each and two members for terms of
three years each.
(c) Officers and meetings.--The council shall annually elect
one of its appointed members as chairman and shall elect a
secretary who need not be a member of the council. Meetings of
the council shall be held at least quarterly or at the call of
the chairman.
(d) Powers and duties.--
(1) The council shall review all conservation and
natural resource laws of the Commonwealth and make
appropriate suggestions for the revision, modification and
codification thereof.
(2) The council shall consider, study and review the
work of the department, and for this purpose the council
shall have access to all books, papers, documents and records
pertaining or belonging to the department.
(3) The council shall advise the department, on request,
and shall make recommendations upon its initiative for the
improvement of the work of the department.
20090HB1050PN1614 - 54 -
(4) The council shall report annually to the Governor
and to the General Assembly and may make such interim reports
as are deemed advisable.
(5) The council shall have power to employ and fix the
compensation of such experts, stenographers and assistants as
may be deemed necessary to carry out the work of the council,
but due diligence shall be exercised by the council to enlist
such voluntary organizations and other agencies in
Pennsylvania or elsewhere generally recognized as qualified
to aid the council.
§ 3316. Advisory committees.
(a) Creation.--The department is authorized to create
advisory committees to help develop or discuss proposed
regulation, final regulation or policy guidance and to provide
continuing advice on implementing programs administered by the
department.
(b) Organization.--Membership on an advisory committee shall
be balanced and shall be representative of the interests
affected by the particular regulation, policy, issue or program
assigned to the committee.
(c) Appointments.--The secretary shall appoint the members
of an advisory committee.
(d) Chairperson.--A chairperson shall be chosen by a
majority vote of the advisory committee members present at a
regularly scheduled meeting. A person employed by the department
shall not chair an advisory committee.
(e) Expenses.--Members of an advisory committee may be
reimbursed for their travel expenses to attend committee
meetings as authorized by the Executive Board. Employees of the
Commonwealth who serve as members of an advisory committee shall
20090HB1050PN1614 - 55 -
only be entitled to the compensation and expenses they receive
as public employees.
(f) Support.--The department shall provide the appropriate
administrative and technical support needed by an advisory
committee in order to accomplish its objectives.
§ 3317. Ex officio memberships of secretary.
The secretary shall serve in lieu of the Secretary of
Environmental Resources on the following boards and commissions:
(1) The Boating Advisory Board.
(2) The Board of Trustees of The Pennsylvania State
University.
(3) The Hardwoods Development Council.
(4) The Wild Resource Conservation Board.
§ 3318. Contracts and agreements.
(a) Authorized entities.--The department may enter into
contracts and agreements with persons, associations,
corporations, partnerships, municipalities, municipal
authorities and units of Federal, State and local government to
exercise the powers and fulfill the duties established by this
chapter.
(b) State System of Higher Education.--The department may
enter into agreements for studies and services with State-
related institutions and institutions which are part of the
State System of Higher Education without the need for
competitive procurement.
(c) Rights-of-way.--The department shall have the power to
lease rights-of-way for a period of not more than 35 years, on
terms and conditions as it may consider reasonable, to owners of
real property abutting State lands under the jurisdiction of the
department.
20090HB1050PN1614 - 56 -
§ 3319. Funds.
(a) The department shall administer the following funds or
portions of funds:
(1) State Parks User Fees Restricted Receipts Account.
(2) Forestry Stumpage Sales Restricted Receipts Account.
(3) Quehanna Fund - Act 275 Restricted Revenue Account.
(4) Snowmobile/ATV Program Restricted Revenue Account.
(5) Quehanna Fund - Act 55 Restricted Revenue Account.
(6) Purchase of State Forest Land Restricted Revenue
Account.
(7) Keystone Recreation, Park and Conservation Fund.
(8) Land and Water Development Fund (public outdoor
recreation areas appropriation only).
(9) Motor License Fund (dirt and gravel roads
appropriation only).
(10) Oil and Gas Lease Fund.
(11) Wild Resource Conservation Fund.
(12) Pennsylvania Heritage Parks Program appropriations
from the General Fund.
(b) State forests.--
(1) A minimum of 10% of the previous fiscal year's
receipts of the Forestry Stumpage Sales Restricted Receipts
Account shall be transferred to a separate Forest
Regeneration Restricted Revenue Account and is appropriated
to the department, in addition to the funds necessary for the
operation, maintenance and administration of State forests,
to expend on forest regeneration activities, including, but
not limited to, erecting deer fences, planting trees and
treating forests with herbicides. Any balance in the Forest
Regeneration Restricted Revenue Account in excess of 5% of
20090HB1050PN1614 - 57 -
the previous year's receipts at the end of the fiscal year
shall be returned to the Forestry Stumpage Sales Restricted
Receipts Account.
(2) No more than 5% of the previous fiscal year's
receipts of the Forestry Stumpage Sales Restricted Receipts
Account shall be used by the department for the purposes of
providing contracts for forestry research.
§ 3320. Civil service status.
All positions in the department shall be deemed to be
included in the list of positions set forth in section 3(d) of
the act of August 5, 1941 (P.L.752, No.286), known as the Civil
Service Act, and the provisions and benefits of that act shall
apply to the employees of and positions in the department.
Section 4. Title 58 is amended by adding a part to read:
PART II
MANAGEMENT
Chapter
3. Oil and Gas Lease Fund
CHAPTER 3
OIL AND GAS LEASE FUND
Sec.
301. Definitions.
302. Fund.
303. Use.
304. Calculation of payments.
§ 301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Active production well." An oil, gas or coal bed methane
20090HB1050PN1614 - 58 -
well which is certified annually by the Department of
Environmental Protection as a well from which oil, gas or coal
bed methane was extracted during the fiscal year.
"Commonwealth lands." Land owned by the Commonwealth. The
term does not include land owned by the Commonwealth and
administered by the Pennsylvania Game Commission or the
Pennsylvania Fish and Boat Commission.
"Department." The Department of Conservation and Natural
Resources of the Commonwealth.
"Fund." The Oil and Gas Lease Fund.
"Marcellus Shale formation well." An active production well
certified by the Department of Environmental Protection as a
well from which gas from the Marcellus Shale formation as
determined by the United States Geological Survey was extracted.
"Secretary." The Secretary of Conservation and Natural
Resources.
§ 302. Fund.
There is established in the State Treasury a special fund to
be known as the Oil and Gas Lease Fund which shall be
administered by the department. Lease payments for the
development of oil and gas reserves beneath Commonwealth lands
and royalty payments for the production of oil and gas from
Commonwealth lands which are received by the Commonwealth shall
be deposited in the fund.
§ 303. Use.
By June 30 of each year, money in the fund shall be used as
follows:
(1) Twenty-five million dollars annually is appropriated
to the department to be used for conservation, recreation and
flood control projects located on Commonwealth lands and to
20090HB1050PN1614 - 59 -
purchase rights of interest in land to be used as State
forests or State parks. The secretary may use money
appropriated under this paragraph as matching funds for
Federal or private grant programs.
(2) The remainder of the fund shall be used in
accordance with the following:
(i) The State Treasurer shall annually transfer 80%
of the balance of the fund to the General Fund.
(ii) The State Treasurer shall annually use 12.5% of
the balance of the fund to make payments, in accordance
with section 304(a) (relating to calculations of
payments), to municipalities in which active production
wells are located to be used by the municipality for
capital infrastructure projects located within the
municipality.
(iii) The State Treasurer shall annually use 2.5% of
the balance of the fund to make payments, in accordance
with section 304(b), to municipalities in which Marcellus
Shale formation wells are located to be used by the
municipality for capital infrastructure projects located
within the municipality.
(iv) The State Treasurer shall annually transfer 5%
of the balance of the fund to the Conservation District
Fund.
§ 304. Calculations of payments.
(a) Active production well payments.--The State Treasurer
shall calculate active production well payments in accordance
with the following:
(1) Upon receipt of the certification required under 27
Pa.C.S. § 1505 (relating to reports), the State Treasurer
20090HB1050PN1614 - 60 -
shall divide the amount determined under section 303(2)(ii)
(relating to use) by the aggregate number of active
production wells in this Commonwealth.
(2) The State Treasurer shall pay to each municipality
in which an active production well is located an amount equal
to the product of one-half of the amount determined under
paragraph (1) and the number of active production wells
located in the municipality.
(b) Marcellus Shale formation wells payments.--The State
Treasurer shall calculate Marcellus Shale formation wells
payments in accordance with the following:
(1) Upon receipt of the certification required under 27
Pa.C.S. § 1505, the State Treasurer shall divide the amount
determined under section 303(2)(iii) by the aggregate number
of Marcellus Shale formation wells in this Commonwealth.
(2) The State Treasurer shall pay to each municipality
in which a Marcellus Shale formation well is located an
amount equal to the product of one-half of the amount
determined under paragraph (1) and the number of Marcellus
Shale formation wells located in the municipality.
Section 5. The fund established under 58 Pa.C.S. § 302 is
intended to be a continuation of the fund established under the
act of December 15, 1955 (P.L.865, No.256), entitled "An act
requiring rents and royalties from oil and gas leases of
Commonwealth land to be placed in a special fund to be used for
conservation, recreation, dams, and flood control; authorizing
the Secretary of Forests and Waters to determine the need for
and location of such projects and to acquire the necessary
land."
Section 6. The following apply to repeals and continuation
20090HB1050PN1614 - 61 -
related to 32 Pa.C.S.:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 32
Pa.C.S. Ch.33.
(2) Chapter 3 of the act of June 28, 1995 (P.L.89,
No.18), known as the Conservation and Natural Resources Act,
is repealed.
(3) The addition of 32 Pa.C.S. Ch. 33 is a continuation
of Chapter 3 of the Conservation and Natural Resources Act.
The following apply:
(i) Except as otherwise provided in 32 Pa.C.S. Ch.
33, all activities initiated under Chapter 3 of the
Conservation and Natural Resources Act shall continue and
remain in full force and effect and may be completed
under 32 Pa.C.S. Ch. 33. Orders, regulations, rules and
decisions which were made under Chapter 3 of the
Conservation and Natural Resources Act and which are in
effect on the effective date of paragraph (2) shall
remain in full force and effect until revoked, vacated or
modified under 32 Pa.C.S. Ch. 33. Contracts, obligations
and collective bargaining agreements entered into under
Chapter 3 of the Conservation and Natural Resources Act
are not affected nor impaired by the repeal of Chapter 3
of the Conservation and Natural Resources Act.
(ii) Except as set forth in subparagraph (iii), any
difference in language between 32 Pa.C.S. Ch. 33 and
Chapter 3 of the Conservation and Natural Resources Act
is intended only to conform to the style of the
Pennsylvania Consolidated Statutes and is not intended to
change or affect the legislative intent, judicial
20090HB1050PN1614 - 62 -
construction or administration and implementation of
Chapter 3 of the Conservation and Natural Resources Act.
(iii) Subparagraph (ii) does not apply to the
addition of the following provisions:
(A) 32 Pa.C.S. § 3101.
(B) 32 Pa.C.S. § 3302(a)(6) and (7) and
(b)(12).
(C) 32 Pa.C.S. § 3303(a)(9) and (10).
Section 7. The following apply to repeals and continuation
related to 58 Pa.C.S.:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 58
Pa.C.S. Ch. 3.
(2) The Oil and Gas Lease Fund Act is repealed.
(3) The addition of 58 Pa.C.S. Ch. 3 is a continuation
of the Oil and Gas Lease Fund Act. The following apply:
(i) Except as otherwise provided in 58 Pa.C.S. Ch.
3, all activities initiated under the Oil and Gas Lease
Fund Act shall continue and remain in full force and
effect and may be completed under 58 Pa.C.S. Ch. 3.
Orders, regulations, rules and decisions which were made
under the Oil and Gas Lease Fund Act and which are in
effect on the effective date of paragraph (2) shall
remain in full force and effect until revoked, vacated or
modified under 58 Pa.C.S. Ch. 3. Contracts, obligations
and collective bargaining agreements entered into under
the Oil and Gas Lease Fund Act are not affected nor
impaired by the repeal of the Oil and Gas Lease Fund Act.
(ii) Except as set forth in subparagraph (iii), any
difference in language between 58 Pa.C.S. Ch. 3 and the
20090HB1050PN1614 - 63 -
Oil and Gas Lease Fund Act is intended only to conform to
the style of the Pennsylvania Consolidated Statutes and
is not intended to change or affect the legislative
intent, judicial construction or administration and
implementation of the Oil and Gas Lease Fund Act.
(iii) Subparagraph (ii) does not apply to the
addition of the following provisions:
(A) 58 Pa.C.S. § 301.
(B) 58 Pa.C.S. § 303.
(C) 58 Pa.C.S. § 304.
(4) As used in this section, the term "Oil and Gas Lease
Fund Act" means the act of December 15, 1955 (P.L.865, No.
256), entitled "An act requiring rents and royalties from oil
and gas leases of Commonwealth land to be placed in a special
fund to be used for conservation, recreation, dams, and flood
control; authorizing the Secretary of Forests and Waters to
determine the need for and location of such projects and to
acquire the necessary land."
Section 8. This act shall take effect in 60 days.
20090HB1050PN1614 - 64 -