PRINTER'S NO. 1769
No. 1518 Session of 1981
INTRODUCED BY McCLATCHY, JUNE 8, 1981
REFERRED TO COMMITTEE ON APPROPRIATIONS, JUNE 8, 1981
AN ACT
1 Amending the act of June 5, 1947 (P.L.422, No.195), entitled "An
2 act authorizing the Department of Forests and Waters to
3 provide for stream clearance and stream channel
4 rectifications; to construct and maintain dams, reservoirs,
5 lakes and other works and improvements for impounding flood
6 waters, and conserving the water supply of the Commonwealth;
7 and for creating additional recreational areas; to acquire by
8 purchase, condemnation or otherwise, certain lands for such
9 purposes; to construct and maintain flood forecasting and
10 warning systems," providing additional powers to the
11 Department of Environmental Resources and making editorial
12 changes.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The title and sections 1, 2, 3, 4, 5 and 6, act
16 of June 5, 1947 (P.L.422, No.195), entitled "An act authorizing
17 the Department of Forests and Waters to provide for stream
18 clearance and stream channel rectifications; to construct and
19 maintain dams, reservoirs, lakes and other works and
20 improvements for impounding flood waters, and conserving the
21 water supply of the Commonwealth; and for creating additional
22 recreational areas; to acquire by purchase, condemnation or
1 otherwise, certain lands for such purposes; to construct and
2 maintain flood forecasting and warning systems," section 6
3 amended September 29, 1951 (P.L.1631, No.424), are amended to
4 read:
5 AN ACT
6 Authorizing the Department of [Forests and Waters] Environmental
7 Resources to provide for stream clearance and stream channel
8 rectifications; to construct and maintain dams, reservoirs,
9 lakes and other works and improvements for impounding flood
10 waters, and conserving the water supply of the Commonwealth;
11 and for creating additional recreational areas; to acquire by
12 purchase, condemnation or otherwise, certain lands for such
13 purposes; to construct and maintain flood forecasting and
14 warning systems.
15 Section 1. Authority of Department of Environmental
16 Resources.--The Department of [Forests Waters] Environmental
17 Resources is hereby authorized:
18 (1) to dredge and remove flood waste, deposits, flood water
19 obstructions, gravel, bars and debris from any river or stream
20 or part thereof;
21 (2) to restore or rectify flood damaged or destroyed stream
22 channels, wholly or partly within, or forming part of the
23 boundary of this Commonwealth, except the tidal waters of the
24 Delaware River and of its navigable tributaries;
25 (3) to construct and maintain dams, lakes and other works
26 and improvements, as in the judgment of the department may be
27 necessary to impound flood waters and conserve the water supply
28 of the Commonwealth; [and]
29 (4) to provide additional recreational areas; [and]
30 (5) to construct and maintain flood forecasting and warning
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1 systems[.]; and
2 (6) to administer a program of grants to counties, cities,
3 boroughs, incorporated towns and townships to assist in the
4 design, construction and repair of water course channel
5 improvement and flood control projects. Such grants shall be
6 made only from and to the extent of funds specifically
7 appropriated by the General Assembly for such purposes, and
8 shall be limited to the purpose and scope specified in such
9 appropriation. Such grants shall be made in accordance with
10 regulations adopted by the Environmental Quality Board.
11 Section 2. Surveys and Plans.--The Department of [Forests
12 and Waters] Environmental Resources is hereby authorized to make
13 such appropriate surveys and prepare such suitable plans as are
14 necessary for the execution of the above stated work.
15 Section 3. Contracts.--The Department of [Forests and
16 Waters] Environmental Resources in the performance of the work
17 authorized under the provisions of this act may, with the
18 approval of the Governor, enter into contracts or agreements
19 with any person, corporation or municipality covering the lease
20 or purchase of power, shovels, bulldozers and other necessary
21 equipment for stream clearance and stream channel
22 rectifications, as well as covering the construction, repair and
23 maintenance of dams, reservoirs, lakes, the purchase and
24 installation of flood forecasting and warning systems, and other
25 works and improvements required to carry out the purposes of
26 this act.
27 Section 4. Acquisition of Property Rights and Easements.--
28 The Department of [Forests and Waters] Environmental Resources
29 is hereby authorized, subject to the approval of the Governor,
30 to acquire by donation, agreement, lease, purchase or
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1 condemnation, and to own or hold in the name of the
2 Commonwealth, real and personal property, rights, lands,
3 easements and rights-of-way necessary for the execution of the
4 work authorized by this act.
5 Section 5. Condemnation of Property.--The [department]
6 Department of Environmental Resources shall have power to
7 acquire any lands, easements, rights-of-way, franchises and
8 other property, deemed necessary for the construction of any of
9 its public works or improvements provided for in this act by
10 condemnation proceedings, and shall have power to enter upon,
11 take possession of, and occupy such property deemed necessary
12 for such purposes. The proceedings for the condemnation of
13 property and for the assessment of damages shall be in
14 accordance with the [provisions of the act, approved the
15 fifteenth day of July, one thousand nine hundred nineteen
16 (Pamphlet Laws 976), entitled "An act to authorize the Board of
17 Commissioners of Public Grounds and Buildings to acquire
18 property for the Commonwealth by proceedings in eminent domain,
19 where the purchase of such property has either been authorized
20 by law or determined by the Board of Commissioners of Public
21 Grounds and Buildings under existing laws, and an appropriation
22 made therefor," its amendments and supplements, except that the
23 department shall have the right to immediate possession of the
24 property upon paying into the court of common pleas of the
25 county wherein the property is situated, upon the department's
26 petition to such court for leave so to do, the value of the
27 property as determined by the department's appraisers: Provided,
28 however, That any property owner who believes the amount
29 tendered insufficient to fully compensate him may accept the
30 same under protest and without prejudice to his right to apply
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1 for the appointment of a board of view to assess the damages
2 claimed. Upon application for the appointment of a board of view
3 the court of the proper county, or any law judge thereof in
4 vacation, shall appoint three discreet and disinterested free-
5 holders of the county as viewers. If the owner, lessee or
6 occupier of any of such property shall refuse to remove
7 therefrom, or give up possession thereof, the department may
8 proceed to obtain possession in the manner now provided by law.]
9 act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the
10 "Eminent Domain Code."
11 Section 6. Cooperation and Assistance.--(a) The Department
12 of [Forests and Waters] Environmental Resources is hereby
13 authorized to consult, cooperate, negotiate, and with the
14 approval of the Governor, enter into contracts and other
15 agreements with the Federal Government, or any appropriate
16 agency thereof[. The General State Authority], any State or
17 local agency, department, board, bureau, commission, or any
18 political subdivisions, municipality authority, corporation,
19 association, person or persons, for cooperation and assistance
20 in planning, constructing, financing, maintaining and operating,
21 any works or facilities needed to carry out the purposes of this
22 act[: Provided, That all work of any character whatsoever
23 performed under the authority of this act, except as undertaken
24 by its own forces, or other agencies of the Commonwealth, or of
25 the Federal Government or any appropriate agency thereof or The
26 General State Authority shall be performed under written
27 contract let by the Department of Forests and Waters to the
28 lowest responsible bidder, after due advertising as provided by
29 law and in accordance with plans and specifications prepared by
30 the department].
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1 (b) All work performed under the authority of this act shall
2 be performed under written contract let by the Department of
3 Environmental Resources to the lowest responsible bidder, after
4 due advertising as provided by law and in accordance with plans
5 and specifications prepared by the department, except:
6 (1) work undertaken by the department with its own forces or
7 by the forces of any appropriate agency of the Commonwealth or
8 Federal Government; or
9 (2) work performed under a grant awarded pursuant to clause
10 (6) of section 1, in accordance with the regulations adopted
11 thereunder.
12 Section 2. This act shall take effect in 60 days.
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