PRINTER'S NO. 528
No. 500 Session of 1995
INTRODUCED BY PETRONE, TIGUE, HERMAN, McCALL, HERSHEY, PESCI,
MELIO, LAUGHLIN, COLAFELLA, D. R. WRIGHT, PISTELLA, HANNA,
STABACK, YOUNGBLOOD, PHILLIPS, STEELMAN, READSHAW, PETRARCA,
MERRY, HORSEY AND CAPPABIANCA, FEBRUARY 1, 1995
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 1, 1995
AN ACT
1 Creating the Department of Parks and Forestry; transferring
2 functions; and making repeals.
3 TABLE OF CONTENTS
4 Chapter 1. Preliminary Provisions
5 Section 101. Short title.
6 Chapter 3. Department of Parks and Forestry
7 Section 301. Definitions.
8 Section 302. Department.
9 Section 303. Parks.
10 Section 304. Forests.
11 Section 305. State Forest School.
12 Section 306. Forest officers.
13 Section 307. Chief Forest Fire Warden.
14 Section 308. District forest fire wardens.
15 Section 309. Local forest fire wardens.
16 Section 310. Forest fire wardens.
1 Section 311. Transfer of statutory powers and duties.
2 Section 312. General transfers.
3 Chapter 5. Miscellaneous Provisions
4 Section 501. Actions of Department of Environmental Resources.
5 Section 502. Repeals.
6 Section 503. Effective date.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 CHAPTER 1
10 PRELIMINARY PROVISIONS
11 Section 101. Short title.
12 This act shall be known and may be cited as the Pennsylvania
13 Parks and Forests Act.
14 CHAPTER 3
15 DEPARTMENT OF PARKS AND FORESTRY
16 Section 301. Definitions.
17 The following words and phrases when used in this chapter
18 shall have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Board." The Environmental Quality Board.
21 "Department." The Department of Parks and Forestry of the
22 Commonwealth established in section 302.
23 "Secretary." The Secretary of Parks and Forestry.
24 Section 302. Department.
25 The Department of Parks and Forests is established as an
26 administrative agency. The department shall be headed by the
27 Secretary of Parks and Forestry. The secretary shall be
28 appointed by the Governor, subject to the approval of two-thirds
29 of the members elected to the Senate.
30 Section 303. Parks.
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1 The department has the following powers and duties:
2 (1) To regulate, maintain and improve all parks
3 belonging to the Commonwealth.
4 (2) For the purpose of promoting healthful outdoor
5 recreation and education and making available for such use
6 natural areas of unusual scenic beauty, especially such as
7 provide impressive views, waterfalls, gorges, creeks, caves
8 or other unique and interesting features, to acquire, in the
9 name of the Commonwealth, by purchase, gift, lease or
10 condemnation, lands which, in the judgment of the department,
11 should be held, controlled, protected, maintained and
12 utilized as State park lands. Lands may be purchased or
13 accepted subject to conditions and reservations of mineral
14 rights, rights-of-way or other encumbrances as the department
15 may deem consistent with the holdings. The amount expended
16 for the acquisition of lands for State park purposes shall
17 not exceed the amount specifically appropriated for that
18 purpose.
19 (3) To see that conveniences and facilities for the
20 transportation, shelter, comfort and education of people
21 shall be so designed and constructed to retain, as far as
22 possible, the naturalistic appearance of State park areas,
23 surroundings and approaches and to conceal the hand of
24 humanity as ordinarily visible in urban, industrial and
25 commercial activities.
26 (4) To lease portions of State parks to individuals or
27 business entities of this Commonwealth for facilities to be
28 used for health, recreational or educational purposes or for
29 parking areas or concessions for the convenience and comfort
30 of the public. Leases under this paragraph may not exceed ten
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1 years unless the Governor approves a lease of up to 35 years
2 where there is a substantial capital investment involved and
3 where the lease is deemed in the best interests of the
4 Commonwealth.
5 (5) To study, counsel and advise in reference to gifts
6 of lands or money for park purposes.
7 (6) To counsel and advise in reference to the
8 development of park lands by concessionaires with facilities
9 and equipment for the accommodation and education of the
10 public.
11 (7) To appoint and commission persons to preserve order
12 in the State parks. The following provisions apply to persons
13 commissioned under this paragraph:
14 (i) The persons have the power to make arrests
15 without warrant for all violations of the law which they
16 observe and to serve and execute warrants issued by the
17 proper authorities. In cases of offenses for violation of
18 any of the provisions of 75 Pa.C.S. (relating to
19 vehicles), the power to make arrests without warrant
20 shall be limited to cases where the offense is designated
21 a felony or a misdemeanor and to cases causing or
22 contributing to an accident or resulting in injury or
23 death to an individual.
24 (ii) The persons have the powers and prerogatives
25 conferred by law upon members of the police force of
26 cities of the first class.
27 (iii) The persons have the powers and prerogatives
28 conferred by law upon constables of the Commonwealth.
29 (iv) The persons have the power to serve subpoenas.
30 (8) For the purpose of providing parking facilities and
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1 incidental services within the borders of any State park area
2 situate in a city of the first class, to lease or grant, upon
3 written approval of the Governor, a portion of the State park
4 area, underground or aboveground, to the city or to a parking
5 authority existing in the city under the act of June 5, 1947
6 (P.L.458, No.208), known as the Parking Authority Law, if all
7 of the following apply:
8 (i) The city or the parking authority agrees that
9 the lands and interests and privileges therein shall be
10 used by the city or parking authority, or a lessee
11 holding under either of them pursuant to a lease granted
12 by the city or parking authority, to promote the
13 establishment of parking services and facilities. Under
14 this subparagraph, portions of the street level or lower
15 floors of the parking facilities may be leased for
16 commercial use, including emergency automobile repair
17 service and the sale by the lessee of any commodity of
18 trade or commerce or any service except the sale of
19 gasoline or automobile accessories.
20 (ii) The department, with the written approval of
21 the Governor, determines that the lease or grant will aid
22 in promoting the public safety, convenience and welfare
23 of the people of the city by aiding in the establishment
24 of adequate parking services for the convenience of the
25 public and by otherwise promoting the public policy of
26 the Commonwealth in authorization for the creation of
27 parking authorities and that the lease or grant will not
28 unduly interfere with the promotion of those public
29 objects for which the State park area was acquired and
30 for which it is held. The lease or grant shall be upon
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1 the terms and conditions and for the period of time the
2 department, with the written approval of the Governor,
3 may prescribe. The department shall execute and deliver,
4 and may receive, deeds or other legal instruments
5 necessary to effectuate a lease or grant. A copy of each
6 deed and instrument shall be filed with the Department of
7 Community Affairs.
8 (9) To make contracts or leases in the name of the
9 Commonwealth for the mining or removal of oil or gas found in
10 a State park whenever it shall appear to the satisfaction of
11 the department that it would be for the best interests of the
12 Commonwealth to make disposition of the oil and gas. A
13 proposed contract or lease of oil and gas exceeding $1,000 in
14 value must be advertised once a week for three weeks in
15 advance of awarding the contract or lease in at least two
16 newspapers published nearest the locality indicated. Such
17 contracts or leases may then be awarded to the highest and
18 best bidder, who must give bond for the proper performance of
19 the contract as the department shall designate.
20 (10) To grant rights-of-way in and through State parks
21 to municipal authorities and political subdivisions of this
22 Commonwealth for the laying of water lines and lines for the
23 transportation of sewage to sewage lines or sewage treatment
24 facilities on State park land, under terms and conditions,
25 including the payment of fees, as the department deems
26 proper, when it appears that the grant will not so adversely
27 affect the land as to interfere with its usual and orderly
28 administration and that the interests of the Commonwealth or
29 its citizens will be promoted by the grant.
30 (11) To issue permits under emergency situations, upon
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1 terms and subject to restrictions, fees and regulations as
2 the department deems proper, for the utilization of water at
3 a State park and for constructing, maintaining and operating
4 lines of pipes upon and through a State park for the purpose
5 of conveying water from the park if it is in the public
6 interest.
7 (12) The board shall establish such rules and
8 regulations, not inconsistent with law, for the control,
9 management, protection, utilization, development, occupancy
10 and use of lands and resources of State parks, as it may deem
11 necessary to conserve the interests of the Commonwealth. Such
12 rules and regulations shall be compatible with the purposes
13 for which State parks are created. Whenever the board imposes
14 fees or charges for activities, admissions, uses or
15 privileges, including charges for concessions, at or relating
16 to State parks, such charges or fees shall be used solely for
17 the operation and maintenance of the park in which the fee
18 was collected and are hereby appropriated for such purposes.
19 Section 304. Forests.
20 The department has the following powers and duties:
21 (1) To acquire, in the name of the Commonwealth, by
22 purchase, gift, lease or condemnation, and to hold as State
23 forests, lands, including tax delinquent lands, which, in the
24 judgment of the department, the Commonwealth should hold,
25 manage, protect, maintain and utilize as State forests, for
26 reforestation, for adding to and extending the existing State
27 forests for the purpose of lessening soil erosion and silting
28 up of reservoirs, for controlling the flow of streams and
29 extinguishing interior holdings or for establishing and
30 maintaining fire observation towers and stations. Lands may
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1 be purchased or accepted subject to conditions and
2 reservations of mineral rights, stumpage rights, rights-of-
3 way or other encumbrances as the department may deem
4 consistent with the holding. The purchase price of land
5 purchased under this paragraph shall not exceed fair market
6 value. The amount expended for the acquisition of lands for
7 State forest purposes, in any annual appropriation period,
8 shall not exceed the appropriation for that purpose for the
9 period, and the amount expended for other land acquisitions
10 shall not exceed appropriations made for those purposes.
11 (2) To purchase, and to hold as State forest, unseated,
12 vacant or unappropriated lands, lands advertised for sale for
13 taxes and land sold for taxes.
14 (3) To hold, manage, protect, maintain, utilize and
15 develop the occupancy and use of lands and land resources
16 acquired, owned, leased or maintained as State forests for
17 reforestation, for extending existing State forests, for
18 lessening soil erosion, for silting up of reservoirs, for
19 controlling stream flow, for extinguishing interior holdings
20 and for fire observation tower and station purposes.
21 (4) To divide this Commonwealth into convenient forest
22 districts as it deems economical and effective to administer,
23 protect, develop and utilize the occupancy and use of the
24 lands and resources of the State forest; to protect forest
25 land from forest fires, fungi, insects and other enemies; to
26 promote and develop forestry and knowledge of forestry; to
27 advise and assist landowners in the planting of forest and
28 shade trees; to obtain and publish information respecting
29 forest lands and forestry; to assist in Arbor Day work; to
30 promote and advance any other activity in local forestry
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1 which the department deems helpful to the public interest; to
2 promulgate and enforce regulations for the protection of
3 forest from fire and depredation; and to assign district
4 foresters, foresters, forest rangers and other assistants to
5 take active charge of the forest districts and to administer
6 the forest districts as the secretary deems necessary for the
7 accomplishment of the purposes of this chapter.
8 (5) To cooperate with the authorities of municipalities
9 in the acquisition and administration of municipal forests.
10 (6) To dispose of the timber on terms most advantageous
11 to the Commonwealth if the welfare of the Commonwealth with
12 respect to reforesting and the betterment of the State
13 forests with respect to control, management, protection,
14 utilization and development of their occupancy and use will
15 be advanced by selling or disposing of any of the timber on
16 the State forests.
17 (7) To set aside within the State forests unusual or
18 historical groves of trees or natural features especially
19 worthy of permanent preservation, to make them accessible and
20 convenient for public use and to dedicate them in perpetuity
21 to the citizens of this Commonwealth for their recreation and
22 enjoyment.
23 (8) To make contracts or leases, in the name of the
24 Commonwealth, for the mining or removal of valuable minerals
25 found in State forests, of oil and gas beneath those waters
26 of Lake Erie owned by the Commonwealth or of oil and gas
27 beneath the land of Woodville State Hospital owned by the
28 Commonwealth if the department is satisfied that it would be
29 for the best interests of the Commonwealth to make such
30 disposition. A proposed contract or lease of valuable
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1 minerals, exceeding $1,000 in value, must have been
2 advertised once a week for three weeks in advance of awarding
3 the contract or lease, in at least two newspapers published
4 nearest the locality indicated. The contract or lease may
5 then be awarded to the highest and best bidder, who must
6 furnish a bond designated by the department for proper
7 performance. If the Commonwealth owns a fractional interest
8 in the oil, natural gas and other minerals under State forest
9 lands, the requirement of competitive bidding may be waived;
10 and the department may enter into a contract to lease that
11 fractional interest, with the approval of the Governor, upon
12 terms and conditions as the department deems to be in the
13 best interest of the Commonwealth.
14 (9) To appoint and, with the approval of the Governor,
15 fix the compensation of a chief forest fire warden and
16 district forest fire wardens and to appoint and fix the
17 compensation of local forest fire wardens and other
18 assistants for the prevention, control and extinction of
19 forest fires.
20 (10) To establish and administer auxiliary forest
21 reserves.
22 (11) To distribute young forest trees, shrubs and vines
23 to those desiring to plant them.
24 (12) To furnish information, issue certificates and
25 requisition money necessary for the payment of fixed charges,
26 in lieu of taxes on State forest and auxiliary forest
27 reserves, to school districts, road districts and counties.
28 (13) To sell or exchange State forest land, with the
29 approval of the Governor, if it is to the advantage of the
30 State forest interests.
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1 (14) To set aside land under the jurisdiction of the
2 department for exclusive use for parks; parkways; and other
3 places of scientific, scenic, historic or wildlife interest.
4 (15) With the approval of the Governor, to enter into
5 agreements, with owners or lessees of property or property
6 rights located in the same area as lands owned or leased by
7 the Commonwealth, for the protection, preservation or
8 recovery of Commonwealth-owned deposits of metallic or
9 nonmetallic ore, fuel, oil, natural gas or other minerals.
10 (16) To pay net receipts arising out of the occupancy
11 and use of the State forests into the General Fund through
12 the Department of Revenue.
13 (17) To lease portions of State forests, whether owned
14 or leased by the Commonwealth, for buildings and facilities
15 to be used for health, recreation, church or school purposes.
16 Leases under this paragraph must be made with tenants who are
17 residents of, or doing business in, this Commonwealth. Leases
18 under this paragraph may not exceed ten years or, if the
19 Governor approves, if a substantial capital investment is
20 involved and if the department deems it is in the best
21 interest of the Commonwealth, 35 years. The department shall
22 not terminate the lease of a tenant whose cabin has been
23 destroyed or seriously damaged by fire, storm, flood or other
24 natural causes and shall permit the rebuilding of the cabin.
25 The department shall permit tenants to renovate or make
26 additions to existing cabins with the approval of the
27 department.
28 (18) To lease small areas in State forests, whether
29 owned or leased by the Commonwealth, which the department
30 deems better suited for the growing of other crops than for
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1 the growing of forest trees. If more than one person shall
2 apply for the same tract, the lease must be advertised in
3 three, or as many as there are, newspapers of general
4 circulation within the meaning of 45 Pa.C.S. § 101 (relating
5 to definitions) in the county where the tract is located,
6 once a week for three weeks. After advertisement, the
7 department shall award the tract to the highest bidder. The
8 department may, however, reject all bids. Leases under this
9 paragraph may not exceed ten years. Upon the termination of a
10 lease, the lessee may remove buildings and fences placed on
11 the tract at the lessee's expense; or the department may
12 purchase such buildings and fences as a part of the permanent
13 improvement of the tract, upon terms agreed upon by the
14 department and the lessee.
15 (19) To grant rights-of-way through State forests if, in
16 the judgment of the department, the grant will not so
17 adversely affect the land as to interfere with its usual and
18 orderly administration, and the interests of the Commonwealth
19 or its citizens will be promoted by the grant. As used in
20 this paragraph, "right-of-way" includes a right of passage,
21 haulage, flowage and transmission.
22 (20) To give to street railway companies incorporated in
23 this Commonwealth, upon terms and conditions the department
24 deems proper, the privilege to construct, maintain and
25 operate their lines of railway over, along and upon public
26 highways laid out and in actual use within or bordering on
27 any State forests if the interests of the Commonwealth will
28 be benefited by the privilege.
29 (21) To give to municipalities, upon terms and
30 conditions as the department deems proper, the privilege of
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1 impounding water upon any State forest and of constructing,
2 maintaining and operating lines of pipes upon and through
3 State forests for the purpose of conveying water if it is in
4 the public interest.
5 (22) If there are public roads, regularly established,
6 running through or bordering upon State forests, to expend
7 reasonable sums for the maintenance, repair or extension of
8 the roads as necessary for the proper administration and
9 protection of State forests.
10 (23) To enter into cooperative agreements with municipal
11 and private agencies for the prevention and suppression of
12 forest fires.
13 (24) To grant to public utilities doing business in this
14 Commonwealth the privilege to construct, maintain and operate
15 their lines over, along and upon highways and roads which lie
16 within or border on State forests and to grant right-of-
17 access to such public utilities to or through State forest
18 lands in order to bring public utilities to camps and
19 cottages in State forest lands and to other homes and farms
20 adjacent to State forest lands.
21 (25) To grant the privilege to construct, maintain and
22 operate, on and over State-owned or State-leased lands under
23 the jurisdiction of the department, antennas, towers,
24 stations, cables and other devices and apparatus helpful,
25 necessary or required for telecommunication. The department
26 may charge for the privilege as the conditions and
27 circumstances warrant.
28 (26) To lease, with the approval of the Governor, State
29 forest lands for the underground storage of natural gas, upon
30 terms and conditions as the department deems to be in the
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1 best interest of the Commonwealth.
2 (27) To lease, with the approval of the Governor, in
3 cooperation with the Department of Commerce and upon terms
4 and conditions as the department deems in the best interest
5 of the Commonwealth, State forest lands acquired by gift from
6 The Pennsylvania State University and State forest lands in
7 Quehanna, Pennsylvania, acquired from the Curtiss-Wright
8 Corporation or recovered through the termination of a lease
9 with Curtiss-Wright Corporation relating to Quehanna,
10 Pennsylvania, upon which are erected certain industrial
11 buildings constructed by the Curtiss-Wright Corporation for
12 industrial or economic development purposes or for nuclear
13 reactor safety zone purposes. A lease under this paragraph
14 may be made with industrial tenants or nonprofit industrial
15 development corporations. A lease under this paragraph shall
16 conform in general to the terms of the standard industrial
17 lease used by the department and approved by the Attorney
18 General. All paved roads through the Quehanna project shall
19 remain open to general public use. A lease under this
20 paragraph may permit the tenant to alter or expand, at its
21 own expense and with the written approval of the department,
22 existing buildings to meet the requirements of its particular
23 industrial operation. A lease under this paragraph must
24 provide for the deposit of industrial floor space rentals and
25 sewage and water rentals in a restricted receipts fund, from
26 which the department may draw money for use in developing,
27 operating and maintaining the water and sewage disposal
28 facilities in the leased tract and replacing machinery,
29 equipment and fixtures appurtenant to those facilities. The
30 restricted receipts fund shall be audited every two years,
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1 and any surplus in the fund at the end of the auditing period
2 shall be deposited in the General Fund.
3 (28) The board shall establish such rules and
4 regulations, not inconsistent with law, for the control,
5 management, protection, utilization, development and use of
6 the lands and resources of all forests, as the department
7 deems proper, to conserve the interests of the Commonwealth.
8 Such rules and regulations shall be compatible with the
9 purposes of providing a continuous supply of timber, lumber,
10 wood and other forest products, to protect the watersheds,
11 conserve the waters and regulate the flow of rivers and
12 streams of the State and to furnish opportunities for
13 healthful recreation to the public.
14 Section 305. State Forest School.
15 The department has the following powers and duties:
16 (1) To maintain and operate the Pennsylvania State
17 Forest School at Mont Alto, Pennsylvania.
18 (2) To carry out paragraph (1), to employ instructors,
19 assign foresters for instruction and employ services
20 reasonably necessary to provide professional education in
21 forestry and maintain a close association of theory and
22 practice and to train forest rangers and forest inspectors.
23 (3) With the approval of the Governor, to enter into a
24 cooperative agreement with a State-related education
25 institution or an institution which is part of the State
26 System of Higher Education for the joint use of the
27 facilities of the school by the institution and the
28 department. The agreement shall provide for an equitable
29 division between the institution and the Commonwealth of the
30 cost of operating the school and maintaining and repairing
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1 the buildings and equipment used.
2 Section 306. Forest officers.
3 A forest officer employed by the department under this
4 chapter for the protection of the State forests shall, after
5 taking the proper official oath or affirmation before the clerk
6 of a court of common pleas of any judicial district, be vested
7 with the powers conferred upon constables or other peace
8 officers.
9 Section 307. Chief Forest Fire Warden.
10 The Chief Forest Fire Warden has, subject to the approval of
11 the department, the following powers and duties:
12 (1) To take measures for the prevention, control and
13 extinction of forest fires to assure a reasonable protection
14 from fire to woodlots, forest and wild land within this
15 Commonwealth.
16 (2) To supervise and manage the forest fire wardens
17 throughout this Commonwealth and, when necessary, to appoint
18 individuals to serve without compensation as special or as ex
19 officio fire wardens. Special or ex officio fire wardens
20 shall have the same powers as local forest fire wardens, but
21 their duties may be changed or extended by the Chief Forest
22 Fire Warden. A special or ex officio forest fire warden shall
23 be entitled to receive the necessary expenses incurred in the
24 performance of duties.
25 (3) To report to the secretary, as required by the
26 secretary, on all phases of the work done under the Chief
27 Forest Fire Warden's direction.
28 (4) To collect, with the assistance of the fire wardens,
29 all of the following:
30 (i) Data as to location, area and fire hazards of
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1 woodlots, forests and wild lands within this
2 Commonwealth.
3 (ii) Data as to forest fires and losses resulting
4 from forest fires.
5 (iii) Other data that the Chief Forest Fire Warden
6 desires to present to the department or to the public.
7 (5) To plan and to put into operation and maintain a
8 system of fire towers and observation stations which cover
9 the regions subject to forest fires and to purchase the
10 necessary materials and equipment and hire the necessary
11 personnel to implement this paragraph.
12 (6) During dry seasons, as necessary, to appoint forest
13 fire wardens to patrol regions subject to great fire risk.
14 (7) To enter into agreements with persons, associations
15 or corporations for forest fire prevention or control.
16 (8) To conduct educational work in relation to the
17 protection of forests from fire.
18 (9) To approve and transmit to the department bills for
19 expenses incurred.
20 (10) To declare a public nuisance property which, by
21 reason of its condition or operation, is a special forest
22 fire hazard and endangers other property or human life. If
23 property is declared a public nuisance, the owner of the
24 property or the person responsible for the condition shall be
25 advised of the obligation to abate the nuisance. In case of a
26 railroad, notice shall be served upon the superintendent of
27 the division upon which the nuisance exists.
28 (11) To collect and arrange information concerning
29 violation of laws relating to the protection of forests from
30 fire and to present the information to the department, which
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1 shall refer it to the Attorney General for legal action.
2 (12) To issue to individuals appointed forest fire
3 wardens certificates of appointment and, when deemed
4 advisable, badges.
5 Section 308. District forest fire wardens.
6 A district forest fire warden has the following powers and
7 duties:
8 (1) To establish headquarters at some advantageous place
9 within the district.
10 (2) To act as the field representative of the Chief
11 Forest Fire Warden.
12 (3) To collect and forward to the Chief Forest Fire
13 Warden data required by the Chief Forest Fire Warden.
14 (4) To make recommendations to the Chief Forest Fire
15 Warden for the appointment of local forest fire wardens, the
16 location of towers, the employment of patrol officers, the
17 regions to be patrolled and other matters which would tend to
18 improve the protective system.
19 (5) To arrange for annual meetings of forest fire
20 wardens within the district for instruction in forest fire
21 matters.
22 (6) To report to the Chief Forest Fire Warden conditions
23 existing within the district which are or may become forest
24 fire hazards and to serve notices issued by the Chief Forest
25 Fire Warden for the correction or removal of the conditions.
26 (7) To receive and audit the reports and accounts of the
27 local forest fire wardens before submitting them to the Chief
28 Forest Fire Warden.
29 (8) To act as an inspector of the work of the local
30 forest fire wardens and to render assistance to them.
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1 (9) To conduct educational work for and develop
2 cooperation among local agencies and the department for the
3 prevention and suppression of forest fires.
4 (10) To perform other duties assigned by the secretary
5 and the Chief Forest Fire Warden.
6 Section 309. Local forest fire wardens.
7 A local forest fire warden has the following powers and
8 duties:
9 (1) When fire is discovered in or approaching woodlots,
10 forests or wild lands, to immediately take measures necessary
11 to extinguish the fire.
12 (2) After a fire has been combated or extinguished to
13 prepare a statement of expenses upon forms to be furnished by
14 the department and to file the statement with the district
15 forest fire warden for submission to the Chief Forest Fire
16 Warden within 60 days of the date of the fire.
17 (3) To promptly investigate the cause of each fire which
18 comes to the warden's knowledge, to collect evidence relating
19 to the fire and to report the results of the investigation to
20 the Chief Forest Fire Warden.
21 (4) To attend an annual meeting of forest fire wardens
22 in the district.
23 (5) When designated as a patrol officer or watcher, to
24 perform duties assigned by the Chief Forest Fire Warden or
25 the district forest fire warden.
26 Section 310. Forest fire wardens.
27 A forest fire warden has the following powers and duties:
28 (1) To employ individuals necessary to render assistance
29 in extinguishing forest fires and to compel the attendance of
30 individuals and to require their assistance in the
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1 extinguishing of forest fires.
2 (2) To administer an oath or affirmation in order to
3 examine any person whom the warden believes has knowledge of
4 facts relating to any forest fire or who claims compensation
5 for services rendered.
6 (3) To enter upon any land at any time for the purpose
7 of performing duties under this chapter.
8 (4) To arrest without a warrant an individual under
9 circumstances warranting the reasonable suspicion that the
10 individual has committed, is committing or is about to commit
11 an offense under a statute for the protection of forests,
12 woodlots or wild lands.
13 (5) To exercise the powers and duties set forth in this
14 section, not only in the jurisdiction of appointment, but in
15 adjacent municipalities.
16 Section 311. Transfer of statutory powers and duties.
17 The department shall assume the powers and duties of the
18 Department of Environmental Resources under the following
19 statutes:
20 (1) The act of December 29, 1972 (P.L.1695, No.362),
21 known as the Parklands Payback Pilot Project Act.
22 (2) The act of April 28, 1978 (P.L.87, No.41), known as
23 the Pennsylvania Appalachian Trail Act.
24 Section 312. General transfers.
25 (a) General rule.--Personnel, appropriations, equipment,
26 records, materials, rights and obligations utilized or accruing
27 in connection with the functions transferred under this chapter
28 are transferred from the Department of Environmental Resources
29 to the department.
30 (b) Civil service.--The civil service status of employees
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1 transferred by this chapter shall not be affected by the
2 transfer.
3 CHAPTER 5
4 MISCELLANEOUS PROVISIONS
5 Section 501. Actions of Department of Environmental Resources.
6 Orders, permits, regulations and other actions of the
7 Department of Environmental Resources under the authority of
8 statutes repealed by this act shall remain in full force and
9 effect and shall be deemed the orders, permits, regulations and
10 other actions of the appropriate agency assuming the functions
11 of the department under this act.
12 Section 502. Repeals.
13 (a) Specific.--The following provisions of the act of April
14 9, 1929 (P.L.177, No.175), known as The Administrative Code of
15 1929, are repealed:
16 Sections 1902-A, 1903-A, 1906-A, 1907-A, 1910-A, 1911-A,
17 1912-A, 1913-A, 1914-A and 1920-A(f) and (g).
18 (b) General.--All other acts and parts of acts are repealed
19 insofar as they are inconsistent with this act.
20 Section 503. Effective date.
21 This act shall take effect in one year.
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