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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY D. WHITE, BROWNE, TOMLINSON, WAUGH, M. WHITE, WOZNIAK, EARLL, GREENLEAF AND SCARNATI, FEBRUARY 1, 2011 |
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| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 1, 2011 |
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| AN ACT |
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1 | Providing for indigenous mineral resource development; and |
2 | imposing powers and duties on the Department of General |
3 | Services. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the Indigenous |
8 | Mineral Resources Development Act. |
9 | Section 2. Definitions. |
10 | The following words and phrases when used in this act shall |
11 | have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | "Department." The Department of General Services of the |
14 | Commonwealth. |
15 | "Mineral resources." Coal, oil, natural gas, coal bed |
16 | methane, limestone and other valuable minerals. |
17 | "Right-of-way." Includes: |
18 | (1) a right of passage and haulage for a lawful purpose; |
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1 | (2) a right of flowage or transmission for a lawful |
2 | purpose; or |
3 | (3) the construction, operation and maintenance of |
4 | infrastructure necessary to facilitate a lawful purpose. |
5 | "State-owned land." Land owned by the Commonwealth. The term |
6 | does not include land owned and administered by the Department |
7 | of Conservation and Natural Resources, the Pennsylvania Fish and |
8 | Boat Commission or the Pennsylvania Game Commission. |
9 | Section 3. Development of mineral resources on State-owned |
10 | land. |
11 | (a) Authority.--The department has the following powers: |
12 | (1) To make and execute contracts or leases in the name |
13 | of the Commonwealth for the mining or removal of valuable |
14 | mineral resources which may be found in or beneath State- |
15 | owned land. |
16 | (2) To grant a right-of-way through State-owned land to |
17 | any individual or corporation that applies if the department |
18 | determines that: |
19 | (i) the grant will not so adversely affect the land |
20 | as to interfere with its usual and orderly |
21 | administration; and |
22 | (ii) the interests of the Commonwealth or its |
23 | citizens will be promoted by the grant. |
24 | (b) Advertising.--A proposed contract or lease of mineral |
25 | resources exceeding $1,000 in value must be advertised once a |
26 | week for three weeks, in at least two newspapers of general |
27 | circulation published nearest the locality indicated, in advance |
28 | of awarding the contract or lease. |
29 | (c) Bidding.-- |
30 | (1) Except as set forth in paragraph (2), contracts and |
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1 | leases shall be awarded to the highest and best bidder. |
2 | (2) The requirement for competitive bidding may be |
3 | waived if the Commonwealth owns a fractional interest in the |
4 | mineral resources in or beneath State-owned land; and the |
5 | department may enter into a contract to lease that fractional |
6 | interest, with the approval of the Governor and upon terms |
7 | and conditions the department deems to be in the best |
8 | interest of the Commonwealth. |
9 | (d) Bond.--A party that enters into a contract or lease |
10 | under this section must provide a bond satisfactory to the |
11 | department for the proper performance of the contract or lease. |
12 | Section 4. Deposit of revenue. |
13 | Payments or royalties received by the department pursuant to |
14 | a contract or lease under this act shall be deposited into the |
15 | Environmental Stewardship Fund. |
16 | Section 10. Effective date. |
17 | This act shall take effect immediately. |
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