PRIOR PRINTER'S NO. 836                       PRINTER'S NO. 1494

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 738 Session of 1975


        INTRODUCED BY MESSRS. RENWICK AND HALVERSON, MARCH 17, 1975

        AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MAY 27, 1975

                                     AN ACT

     1  Amending the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),
     2     entitled "An act authorizing the creation and liquidation of
     3     indebtedness of seventy million dollars for the acquisition
     4     of lands for recreation, conservation and historical purposes
     5     (Project 70); defining the powers and duties of certain
     6     offices, agencies and political subdivisions; providing for
     7     the allotment of proceeds hereunder including Commonwealth
     8     grants; providing for payment in lieu of taxes; prescribing
     9     standards and making appropriations," authorizing the
    10     exchange of lands.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Subsection (b) of section 20, act of June 22,
    14  1964 (Sp.Sess., P.L.131, No.8), known as the "Project 70 Land
    15  Acquisition and Borrowing Act," is amended to read:
    16     Section 20.  Restrictions on Use or Alienation.--* * *
    17     (b)  No lands acquired with funds made available under this
    18  act shall be disposed of or used for purposes other than those
    19  prescribed in this act without the express approval of the
    20  General Assembly: Provided, That the Commonwealth or a political
    21  subdivision, as the owner of such lands, may issue permits,
    22  licenses or leases for the exploration, development, storage and

     1  removal of oil, gas or other minerals, or for the installation
     2  and use of water, gas, electric, telephone, telegraph, oil or
     3  oil products lines, under reasonable regulations prescribed by
     4  such owner consistent with the primary use of such lands for
     5  "recreation, conservation and historical purposes": And,
     6  provided further, That lands acquired with funds made available
     7  under this act may be exchanged for other lands if the lands      <--
     8  acquired are used for the purposes prescribed in this act,
     9  SUBJECT TO THE APPROVAL OF THE SECRETARY OF THE DEPARTMENT OF     <--
    10  COMMUNITY AFFAIRS FOR LANDS ACQUIRED UNDER SECTION 16.4, THE
    11  SECRETARY OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES FOR LANDS
    12  ACQUIRED UNDER SECTION 16.1, THE EXECUTIVE DIRECTOR OF THE FISH
    13  COMMISSION FOR LANDS ACQUIRED UNDER SECTION 16.3, AND THE
    14  EXECUTIVE DIRECTOR OF THE GAME COMMISSION FOR LANDS ACQUIRED
    15  UNDER SECTION 16.2. THE ORIGINAL PROJECT 70 LANDS TO BE
    16  REPLACED, SHALL BE FREE OF THE RESTRICTIONS ON USE AND
    17  ALIENATION PRESCRIBED BY SECTION 20, UPON:
    18     (1)  WRITTEN APPROVAL OF THE EXCHANGE FROM THE APPROPRIATE
    19  STATE AGENCY SECRETARY OR EXECUTIVE DIRECTOR; AND
    20     (2)  ACQUISITION OF THE REPLACEMENT LAND; AND
    21     (3)  EXECUTION AND FILING OF A DOCUMENT OF TRANSFER AND
    22  RELEASE, CITING SUCH ACQUISITION AND TRANSFER, AND RELEASE OF
    23  THE ORIGINAL LAND FROM THE RESTRICTIONS ON USE AND ALIENATION
    24  PRESCRIBED BY SECTION 20(B). THE REPLACEMENT LAND SHALL BE
    25  RESERVED FOR PERPETUAL PUBLIC PARK, RECREATION, CONSERVATION
    26  AND/OR HISTORICAL PURPOSES, AND SAID RESERVATION SHALL BE SO
    27  RECORDED IN THE DEED REFERENCING THIS LAND AS REPLACEMENT LAND
    28  FOR LANDS ACQUIRED WITH PROJECT 70 FUNDS. THE DOCUMENT OF
    29  TRANSFER AND RELEASE IN SUCH CASES SHALL, UPON SUCH EXCHANGE, BE
    30  FILED IN THE OFFICE OF THE RECORDER OF DEEDS OF THE COUNTY IN
    19750H0738B1494                  - 2 -

     1  WHICH SAID LANDS ARE LOCATED.
     2     * * *
     3     Section 2.  This act shall take effect immediately.


















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