PRIOR PRINTER'S NOS. 836, 1494                PRINTER'S NO. 1881

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 738 Session of 1975


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

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JULY 1, 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 subject to the
     8  approval of the Secretary of the Department of Community Affairs
     9  for lands acquired under section 16.4, the Secretary of the
    10  Department of Environmental Resources for lands acquired under
    11  section 16.1, the Executive Director of the Fish Commission for
    12  lands acquired under section 16.3, and the Executive Director of  <--
    13  the Game Commission for lands acquired under section 16.2,
    14  PROVIDED THAT EVERY SUCH EXCHANGE BY THE GAME COMMISSION SHALL    <--
    15  BE CONSUMMATED ONLY IN ACCORDANCE WITH THE PROVISIONS OF SECTION
    16  904 OF THE ACT OF JUNE 3, 1937 (P.L.1225, NO.316), KNOWN AS "THE
    17  GAME LAW." The original Project 70 lands to be replaced, shall
    18  be free of the restrictions on use and alienation prescribed by
    19  section 20, upon:
    20     (1)  written approval of the exchange from the appropriate
    21  State agency secretary or executive director; and
    22     (2)  acquisition of the replacement land; and
    23     (3)  execution and filing of a document of transfer and
    24  release, citing such acquisition and transfer, and release of
    25  the original land from the restrictions on use and alienation
    26  prescribed by section 20(b). The replacement land shall be
    27  reserved for perpetual public park, recreation, conservation
    28  and/or historical purposes, and said reservation shall be so
    29  recorded in the deed referencing this land as replacement land
    30  for lands acquired with Project 70 funds. The document of
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     1  transfer and release in such cases shall, upon such exchange, be
     2  filed in the office of the recorder of deeds of the county in
     3  which said lands are located.
     4     * * *
     5     Section 2.  This act shall take effect immediately.

















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