PRINTER'S NO. 2350
No. 1869 Session of 1997
INTRODUCED BY GODSHALL, BROWN, LAUGHLIN, GEIST, COY, HERMAN,
ZIMMERMAN, KAISER, BAKER, FAIRCHILD, BUNT, L. I. COHEN,
STEELMAN, TRELLO, COLAIZZO, McCALL, OLASZ, SAINATO, BATTISTO,
GORDNER, MICOZZIE, ARGALL, McNAUGHTON, ITKIN, RAMOS, LEDERER,
YOUNGBLOOD, BELFANTI, HALUSKA, CIVERA, STABACK, E. Z. TAYLOR,
LUCYK, MILLER, WAUGH, EGOLF, RUBLEY, BOSCOLA AND WILT,
OCTOBER 6, 1997
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
OCTOBER 6, 1997
AN ACT
1 Establishing the Recreational Trails Advisory Board; providing
2 for funding for motorized and nonmotorized recreational
3 trails; providing for powers and duties of the Department of
4 Conservation and Natural Resources; establishing a fund; and
5 providing for the disposition of certain tax revenues.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Recreational
10 Trails Funding Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Board." The Recreational Trails Advisory Board created
16 under section 3.
1 "Department." The Department of Conservation and Natural
2 Resources of the Commonwealth.
3 "Fund." The Recreational Trails Trust Fund established under
4 section 7.
5 "Motorized recreation." The term does not include motorized
6 conveyances used by persons with disabilities, such as self-
7 propelled wheelchairs.
8 "Nonhighway recreational fuel." Any fuel consumed by off-
9 highway recreational vehicles and off-road four-wheel drive
10 vehicles.
11 "Nonhighway recreational fuel taxes." Taxes imposed on fuel
12 used in recreational vehicles, including vehicles registered for
13 highway use when used on recreational trails and trail access
14 roads, on recreational trails or backcountry terrain.
15 "Recreational trail." A thoroughfare or track across land or
16 snow used for recreational purposes such as bicycling, cross-
17 country skiing, day hiking, equestrian activities, jogging or
18 similar fitness activities, trail biking, overnight and long-
19 distance backpacking, snowmobiling, aquatic or water activity
20 and for vehicular travel by motorcycle, four-wheel drive or all-
21 terrain, off-road vehicles.
22 "Secretary." The Secretary of Conservation and Natural
23 Resources of the Commonwealth.
24 Section 3. Recreational Trails Advisory Board.
25 (a) Board established.--The Recreational Trails Advisory
26 Board is hereby established.
27 (b) Membership.--The board shall be composed of the
28 following ten members:
29 (1) Eight members appointed by the secretary from
30 nominations submitted by recreational trail user
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1 organizations, representing the following recreational trail
2 uses:
3 (i) Hiking.
4 (ii) Cross-country skiing.
5 (iii) Off-highway motorcycling.
6 (iv) Snowmobiling.
7 (v) Horseback riding.
8 (vi) All-terrain vehicle riding.
9 (vii) Bicycling.
10 (viii) Four-wheel drive vehicle riding.
11 (2) One member appointed by the secretary from
12 nominations submitted by water trail user organizations.
13 (3) One member appointed by the secretary from
14 nominations submitted by organizations representing the
15 physically challenged.
16 (c) Presiding officer.--The presiding officer of the board
17 shall be elected by the members representing recreational trail
18 user organizations set forth in subsection (b).
19 (d) Board action.--Any action, recommendation or policy of
20 the board must be supported by at least five members
21 representing recreational trail user organizations set forth in
22 subsection (b).
23 (e) Terms.--Members of the board shall serve for terms of
24 three years, except that of the members initially appointed,
25 five shall be appointed for a term of two years.
26 (f) Duties.--The board shall meet at least quarterly to:
27 (1) review utilization of allocated moneys;
28 (2) establish and review criteria for trailside and
29 trailhead facilities that qualify for funding under this act;
30 and
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1 (3) make recommendations to the secretary for changes in
2 policy to advance the purposes of this act.
3 (g) Annual report.--The board shall present to the
4 secretary, the Secretary of the Senate and the Chief Clerk of
5 the House of Representatives an annual report on its activities.
6 (h) Reimbursement of expenses.--Nongovernmental members of
7 the board shall serve without pay, but to the extent funds are
8 available, shall be entitled to reimbursement for travel,
9 subsistence and other necessary expenses incurred in the
10 performance of their duties.
11 Section 4. Duties of department.
12 The department shall biennially calculate the amount of
13 liquid fuel consumed and taxes paid by off-highway recreational
14 vehicles within this Commonwealth.
15 Section 5. Allocation of funds.
16 (a) Permissible uses by the department.--The department may
17 use moneys received under this act for the following purposes:
18 (1) To pay administrative costs incurred by the
19 department for processing applications for grants made under
20 section 6, but not more than 7% of the moneys received shall
21 be expended for administrative costs.
22 (2) To conduct safety education programs relating to the
23 use of off-highway recreational vehicles, but not more than
24 5% of the moneys received by the department shall be expended
25 to conduct these programs.
26 (3) To conduct surveys of nonhighway recreational fuel
27 consumption in this Commonwealth for use in making
28 determinations and estimations under this act.
29 (b) Unexpended funds.--If any funds remain unexpended under
30 subsection (a), the board may use the funds to conduct research
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1 on methods to accommodate multiple trail uses and to increase
2 the compatibility of those uses and for dissemination of
3 information regarding the provisions of this act.
4 Section 6. Grants.
5 (a) General.--The department shall make grants to further
6 the purposes of this act to private individuals, organizations,
7 city and county governments and other government entities after
8 considering recommendations made by the board.
9 (b) Application criteria.--Priority shall be given to trail
10 projects that meet the following criteria:
11 (1) Development of urban trail linkages near homes and
12 workplaces.
13 (2) Maintenance of existing recreational trails,
14 including the grooming and maintenance of trails across snow.
15 (3) Restoration of areas damaged by usage of
16 recreational trails and backcountry terrain.
17 (4) Development of trailside and trailhead facilities
18 that meet goals identified by the board.
19 (5) Provision of features which facilitate the access
20 and use of trails by persons with disabilities.
21 (6) Acquisition of easements for trails or for trail
22 corridors identified in a State trail plan.
23 (7) Acquisition of fee simple title to property from a
24 willing seller, when the objective of the acquisition cannot
25 be accomplished by acquisition of an easement or by other
26 means.
27 (8) Construction of new trails on State, county,
28 municipal or private lands, where a recreational need for the
29 construction is shown.
30 (c) Compliance.--The department, in consultation with the
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1 board, shall establish measures to verify that recipients comply
2 with specified conditions for the use of grant moneys.
3 (d) Uses not permitted.--The department shall not use moneys
4 received under this act for condemnation of any kind of interest
5 in property.
6 (e) Assured access to funds.--Not less than 30% of the
7 moneys received annually by the department under this act shall
8 be reserved for uses relating to motorized recreation, and not
9 less than 30% of those moneys shall be reserved for uses
10 relating to nonmotorized recreation.
11 (f) Diversified trail use.--
12 (1) To the extent practicable and consistent with other
13 requirements of this act, the department shall expend moneys
14 received under this act in a manner that gives preference to
15 project proposals which accomplish the following:
16 (i) Provide for the greatest number of compatible
17 recreational purposes, including, but not limited to,
18 those enumerated in the definition of "recreational
19 trail."
20 (ii) Provide for innovative recreational trail
21 corridor sharing for motorized and nonmotorized
22 recreational trail use.
23 (2) Paragraph (1) shall remain in effect until such time
24 as the department has allocated not less than 40% of moneys
25 received under this act to fund proposals described in
26 paragraph (1).
27 (3) The department shall receive guidance for
28 determining compliance with paragraph (1) from the board.
29 (g) Cooperation by private persons.--
30 (1) As a condition of making available moneys for work
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1 on recreational trails that would affect privately owned
2 land, the department shall obtain written assurances that the
3 owner of the property will cooperate with the department and
4 participate as necessary in the activities to be conducted.
5 (2) Any use of allocated moneys on private lands must be
6 accompanied by an easement or other legally binding agreement
7 that ensures access to recreational trail improvements funded
8 under this act.
9 Section 7. Recreational Trails Trust Fund.
10 (a) Establishment.--There is hereby established a special
11 restricted receipts nonlapsing fund in the State Treasury to be
12 known as the Recreational Trails Trust Fund.
13 (b) Source of funds.--The full amount of the revenue
14 generated by the tax imposed on nonhighway recreational fuel
15 used in off-highway recreational vehicles within this
16 Commonwealth shall be refunded annually to the Recreational
17 Trails Trust Fund on petition to the Board of Finance and
18 Revenue, by the department.
19 Section 8. Repeals.
20 All acts and parts of acts are repealed insofar as they are
21 inconsistent with this act.
22 Section 9. Effective date.
23 This act shall take effect immediately.
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