PRINTER'S NO. 2433
No. 1872 Session of 2001
INTRODUCED BY HANNA, GODSHALL, LEVDANSKY, SURRA, GRUCELA,
HUTCHINSON, SOLOBAY, DALEY, HERSHEY, CREIGHTON, HALUSKA,
ZIMMERMAN, GEORGE, YOUNGBLOOD, SHANER, CAPPELLI, McNAUGHTON
AND HARHAI, JULY 30, 2001
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JULY 30, 2001
AN ACT
1 Amending the act of June 28, 1995 (P.L.89, No.18), entitled "An
2 act creating the Department of Conservation and Natural
3 Resources consisting of certain functions of the Department
4 of Environmental Resources and the Department of Community
5 Affairs; renaming the Department of Environmental Resources
6 as the Department of Environmental Protection; defining the
7 role of the Environmental Quality Board in the Department of
8 Environmental Protection; making changes to responsibilities
9 of the State Conservation Commission and the Department of
10 Agriculture; transferring certain powers and duties to the
11 Department of Health; and repealing inconsistent acts,"
12 imposing additional restrictions on the department relating
13 to camp leases.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Sections 302(b)(1) and 303(a)(4) of the act of
17 June 28, 1995 (P.L.89, No.18), known as the Conservation and
18 Natural Resources Act, are amended to read:
19 Section 302. Forests.
20 * * *
21 (b) Utilization and protection.--The department has the
22 following powers and duties with respect to the utilization and
1 protection of State forest lands:
2 (1) To lease for a period not exceeding ten years, on
3 terms and conditions as it may consider reasonable, to any
4 person, corporation, association, church organization or
5 school board of this Commonwealth, such portion of any State
6 forest, whether owned or leased by the Commonwealth, as the
7 department may consider suitable, as a site for buildings and
8 facilities to be used by such person, corporation,
9 association, church organization or school board for health
10 and recreation, or as a site for a church or school purposes.
11 However, the department may, with the approval of the
12 Governor, if a substantial capital investment is involved and
13 if it is deemed in the best interests of this Commonwealth,
14 enter into such leases for a period not to exceed 35 years.
15 Except for a specific breach of any condition attached to a
16 camp lease, the department has no power to terminate any
17 existing camp lease prior to the specified expiration date of
18 the lease. The department shall not terminate the lease of a
19 person whose cabin has been destroyed or seriously damaged by
20 fire, storm, flood or other natural causes and shall permit
21 the rebuilding of such cabin. The department shall permit
22 persons holding leases to renovate or make additions to
23 existing cabins with the approval of the department.
24 * * *
25 Section 303. Parks.
26 (a) Powers and duties enumerated.--The department shall have
27 the following powers and duties with respect to parks:
28 * * *
29 (4) To lease for a period not to exceed ten years, on
30 such terms as may be considered reasonable, to any person,
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1 corporation, association or organization of this Commonwealth
2 a portion of any State park, whether owned or leased by the
3 Commonwealth, as may be suitable as a site for buildings and
4 facilities to be used for health, recreational or educational
5 purposes, or for parking areas or concessions for the
6 convenience and comfort of the public. Except for a specific
7 breach of any condition attached to a camp lease, the
8 department has no power to terminate any existing camp lease
9 prior to the specified expiration date of the lease. However,
10 the department may, with the approval of the Governor, if a
11 substantial capital investment is involved and if it is
12 deemed in the best interests of the Commonwealth, enter into
13 such leases for a period of not more than 35 years.
14 * * *
15 Section 2. This act shall apply to all new, renewed and
16 existing camp leases.
17 Section 3. This act shall take effect immediately.
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