THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WOZNIAK, STOUT, FONTANA, KITCHEN, ALLOWAY, LOGAN, O'PAKE, GORDNER, BOSCOLA AND PIPPY, FEBRUARY 19, 2009

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 19, 2009  

AN ACT

Amending the act of August 7, 1936 (1st Sp.Sess., P.L.106, No.

46), entitled, as reenacted and amended, "An act relating to

flood control; prescribing the powers and duties of the Water

and Power Resources Board of the Department of Forests and

Waters in relation to the creation of flood control

districts, adoption of plans for flood control works and

improvements, carrying into effect of such plans, assistance,

aid and cooperation with public and private agencies and the

Federal Government in Federal flood control works and

improvements, and entering into compacts and agreements with

other states for flood control works and improvements;

conferring the power of eminent domain; providing for the

setting off of benefits; imposing certain charges upon the

Commonwealth; providing for appeals; and conferring certain

powers on municipalities, counties, and townships, and the

Department of Highways," further providing for purpose of

act; adding definitions; further providing for plans, for

proceedings, for powers and duties of the Department of

Environmental Protection, for eminent domain, for flood

control works and for financing; and making editorial

changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title of the act of August 7, 1936 (1st

Sp.Sess., P.L.106, No.46), referred to as the Flood Control Law,

reenacted and amended March 10, 1937 (P.L.43, No.18), is amended

to read:

AN ACT

Relating to flood control; prescribing the powers and duties of

the [Water and Power Resources Board of the Department of

Forests and Waters] Department of Environmental Protection in

relation to the [creation of flood control districts,]

adoption of plans for flood control works and improvements,

carrying into effect of such plans, assistance, aid and

cooperation with public and private agencies and the Federal

Government in Federal flood control works and improvements,

and entering into compacts and agreements with other states

for flood control works and improvements; conferring the

power of eminent domain; providing for the setting off of

benefits; imposing certain charges upon the Commonwealth;

providing for appeals; and conferring certain powers on

municipalities, counties, and townships, and the Department

of [Highways] Transportation.

Section 2.  Section 1 of the act, amended June 18, 1968 (P.L.

217, No.103), is amended to read:

Section 1.  Definitions.--[The word "board," as used in this

act, means the Water and Power Resources Board of the Department

of Forests and Waters.] The word "acquisition," as used in this

act, shall mean the purchase, or lease with an option to

purchase, of land, easements or structures for flood damage

reduction.

The word "department," as used in this act, shall mean the

Department of Environmental Protection of the Commonwealth.

The phrase "flood control works and improvements," as used in

this act, shall include both structural and non-structural flood

protection measures, and stream channel environmental

improvements.

The word "person," as used in this act, shall include

individuals, associations, partnerships, and corporations.

The word "plans," as used in this act, shall mean plans,

maps, profiles, estimates of costs, descriptions of property to

be taken, damaged or destroyed, and other data and descriptions

prepared by the [Water and Power Resources Board] Department of

Environmental Protection to establish the area and boundaries of

a proposed flood control [district] works and improvements

project, to locate adequate proposed flood control works and

improvements, to determine the cost of the erection [and], 

construction, and acquisition of the same, and to determine

property to be taken, damaged or destroyed by the construction

of such works; and shall also be construed to include similar

plans prepared by any agency of the Federal Government which,

before adoption in this Commonwealth, shall have been

[incorporated into and made a part of any State official plan.]

officially accepted by the Department of Environmental

Protection and the municipal project sponsor.

The phrase "stream channel environmental improvement," as

used in this act, shall mean and include installation and

maintenance of vegetated stream banks and riparian corridors,

bioengineered projects for bank stability and erosion control,

in-channel structures for habitat and geomorphic stabilization

of profile, pattern and dimensions.

The word "municipality," as used in this act, shall include

counties, cities, boroughs, incorporated towns, [and] townships

and municipal authorities created under any act of the General

Assembly.

The phrase "non-structural flood protection measures," as

used in this act, shall mean floodplain improvements and include

acquisition of land and structures; demolition, removal,

relocation, elevating and floodproofing of structures and other

facilities susceptible to flood damage; and floodplain site

clearance and restoration.

Section 3.  Section 2 of the act is amended to read:

Section 2.  Surveys and Plans.--The [Water and Power

Resources Board] department shall have power on its own motion,

or upon the [petition of at least three municipalities, or upon

the petition of at least three hundred persons, who are

freeholders, in any drainage area,] formal request of a

municipality or municipalities to make appropriate surveys and

to prepare suitable plans for any proposed flood control

[district in such drainage area, or any part thereof,] works and

improvements in order to control, store, preserve, and regulate

the flow of rivers and streams and diminish or eliminate floods

[inimical] detrimental to the public health and safety [and], 

destructive to public and private property and works, or for

flood damage reduction.

Section 4.  Section 4 of the act, amended July 1, 1937 (P.L.

2458, No.458), is amended to read:

Section 4.  Official Plans; Notice.--When the [board]

department has completed suitable plans, it shall adopt them as

official plans and give public notice of such adoption [in at

least two newspapers in each county, wholly or partially within

such flood control district, if so many are published therein,

once a week for two consecutive weeks], which notice shall state

that the official plans are on file in the office of the [board]

department. The [board] department shall also give notice to all

persons, whose property may be taken, damaged or destroyed in

the completion of such plans.[, by registered mail to the last

known post office address of the owner or reputed owner of the

property. A certified copy of the completed suitable plans

shall, upon their adoption, be recorded in the office of the

recorder of deeds of each county, wholly or partially within a

flood control district. Such recording shall be constructive

notice to all owners whose property may be taken, damaged or

destroyed in the completion of such plans.]

Section 5.  Section 5 of the act is repealed:

[Section 5.  Proceedings Against Board; Hearings; Appeals.--

Any action in equity to restrain the board from proceeding with

the official plans for any flood control district and the

establishment of such district by any party aggrieved thereby,

shall be heard forthwith by the court in which such proceedings

may be instituted, and any appeal or appeals shall be heard by

the Supreme Court in any district in which it may be in session,

as is provided in cases of appeals from special or preliminary

injunctions.]

Section 6.  Section 6 of the act, amended June 18, 1968 (P.L.

217, No.103), is amended to read:

Section 6.  When Official Plans Effective.--Official plans

shall become effective for a flood control [district, and the

district shall be deemed established] works and improvements

project when the [board] department shall have completed

suitable plans, presented those plans to a municipal sponsor and

[adopted them as official plans and given the notice of such

adoption provided for in section four of this act] those plans

are adopted by formal resolution of the municipal sponsor.

The [board] department may proceed with the exercise of the

powers granted by this act whenever an official plan has become

effective, but no contract shall be let, agreement executed, or

condemnation proceeding be begun requiring expenditures

exceeding the amount of moneys appropriated for flood control

works and improvements projects and not already encumbered.

Section 7.  Section 7 of the act, amended June 5, 1947 (P.L.

420, No.194), is amended to read:

Section 7.  General Powers of [Board] Department; Payment of

Taxes by Commonwealth.--(a)  In order to carry into effect the

official plans for any flood control [district] works and

improvements, the [board] department shall have power to clean

out, widen, alter, deepen or change the course, current or

channel of any river or stream; to install a flood forecasting

and warning system; to fill up any abandoned canal or [water

course] watercourse; to construct and maintain levees, dikes,

walls, revetments, dams, lakes, reservoirs, and other flood

control works and improvements deemed necessary to prevent

floods [and to], reduce flood damages, control, preserve, and

regulate the flow of rivers and streams, and to enhance water

quality and stream corridor ecological functions; to construct

or enlarge bridges and viaducts; to construct, relocate, and

elevate public highways; to construct any of said flood control 

works and improvements across, through or over any public

highway, canal, railroad, [right of way] right-of-way, or track;

to remove or change the location of any fence, building,

railroad, canal, or other improvement; to acquire by donation,

lease, purchase or condemnation, and own or hold, in the name of

the Commonwealth, real and personal property and easements and

the [public] flood control works and improvements erected and

constructed under the authority of this act.

(b)  Whenever in the exercise of its general powers the

[board] department shall construct dams, lakes and reservoirs,

which can be otherwise utilized, the [board] department may, on

approval by the Governor, permit the Department of [Forests and

Waters] Conservation and Natural Resources to occupy and use

said dams, lakes and reservoirs and any adjoining land acquired

for flood control purposes as recreational areas. Any such use

shall be subordinate to the primary purpose of flood control for

which said lands were acquired and the waters impounded thereon.

(c)  Whenever any lands or other property is acquired by the

[board] department to be used for reservoir purposes, [the board

for the assessment and revision of taxes or] the county

commissioners of the county wherein the same is located, shall,

immediately after such acquisition, certify to the Auditor

General the assessed valuation of such lands and other property

at the time of such acquisition. After such acquisition, the

taxing authority of each political subdivision within which such

lands or other property is located, shall, from year to year, at

the time of their annual levy of taxes, certify to the Auditor

General the rate of their respective levies for the next year.

Thereupon the Auditor General shall ascertain the amount of

taxes which would have been collected upon the assessed

valuation certified as hereinbefore provided, at the respective

rates of the levies so certified. Upon the ascertainment of such

amounts, the same shall be paid by the Commonwealth to the

several political subdivisions, from time to time, from the

General Fund.

Section 8.  Section 8 of the act, amended June 18, 1968 (P.L.

217, No.103), is amended to read:

Section 8.  [Board] Department Designated as Agency to

Receive Federal Moneys.--The [board] department is authorized to

receive on behalf of the Commonwealth of Pennsylvania any and

all Federal moneys, grants, contributions, gratuities, and loans

available or hereafter made available by the [government]

Government of the United States, or any of its agencies or

instrumentalities, for State flood control works and

improvements under such rules and regulations, not inconsistent

with the provisions of this act, as may be prescribed by law of

the Congress of the United States, or any Federal agency or

instrumentality; and to pay the same over to the State

Treasurer, through the Department of Revenue as custodian. All

such moneys shall be paid into the General Fund as an

augmentation to the Appropriations for Flood Control Projects.

Section 9.  Section 9 of the act is amended to read:

Section 9.  Powers and Duties in Connection with Federal

Flood Control Works and Improvements.--In addition to the powers

hereinbefore granted, the [board] department is hereby empowered

and directed, for and in behalf of the Commonwealth and its

subdivisions, to aid, assist, and cooperate in the carrying out

of any Federal flood control [program or plans] works and

improvements, and for such purposes shall have all of the powers

conferred and shall be subject to all the limitations imposed by

this act, including the approval of plans as provided in this

act, [with respect to the State-created flood control districts

and the execution of the official plans for such districts,] and

all other powers consistent therewith, necessary or required, in

order to enable the Commonwealth to participate in and receive

the benefits of any Federal flood control [program or plans]

works and improvements in this Commonwealth, subject to all the

limitations imposed by this act. It shall have power among

others, to enter into and execute any and all contracts and

agreements with agencies of the Federal Government, and to do

and perform all acts necessary in connection therewith, and to

assist and cooperate in constructing, erecting, financing,

maintaining, using, and operating any Federal [public] flood

control works and improvements, and to enter into and execute

such contracts as may be deemed necessary and convenient to the

exercise of the powers, rights, privileges, and functions

conferred by this act. It shall have power to obligate the

Commonwealth to pay a portion of the cost of such Federal flood

control works and improvements, not, however, exceeding amounts

of money available for such purposes.

The [board] department is authorized and directed to conform

and comply with all rules, regulations, and requirements of the

Federal Government and its agencies and instrumentalities,

subject to the limitations imposed by this act.

Section 10.  Section 10 of the act, amended December 22, 1981

(P.L.551, No.162), is amended to read:

Section 10.  Contracts and Acquisition of Property.--All work

of any character whatever performed by the [board] department 

under the authority of this act, except as hereinafter provided,

in connection with any State [public] flood control works and

improvements, involving an expenditure of more than [four]

twenty-five thousand dollars, shall be performed under written

contract let by the [board] department to the lowest responsible

bidder after due advertisement as prescribed by the [board]

department; except, however, that the [board] department may,

with the approval of the Governor, enter into contracts or

agreements, without advertisement, with any person, corporation

or municipality, covering the removal or relocation of gas,

water, [and] telephone, [telegraph] cable, electric light, and

electric power lines, highways, railroads, or other facilities,

and providing therein for said removal or relocation by the

person, corporation or municipality owning such facility. The

[board] department may, with the approval of the Governor,

acquire any necessary easements and rights-of-way and may pay

all costs and damages necessary, arising from and incidental to

said removal or relocation. Payment shall be made from the

current revenues of the General Fund [Appropriations] or bond

proceeds for Flood Control Projects.

The [board] department may sell, lease, or otherwise dispose

of all property, real, personal or mixed, acquired under the

provisions of this act, not needed by the Commonwealth for

reservoir or flood control purposes, subject to the approval of

the Governor. The moneys received through such sale, lease or

other disposition shall accrue to the General Fund.

Every contract for the construction, reconstruction,

alteration, repair, improvement or maintenance of [public] flood

control works and improvements shall comply with the provisions

of the act of March 3, 1978 (P.L.6, No.3), known as the "Steel

Products Procurement Act."

Section 11.  Section 11 of the act, amended June 18, 1968

(P.L.217, No.103), is amended to read:

Section 11.  Power of Eminent Domain.--The [board] department 

shall have power to acquire any property, easements, [rights of

way, and water course] rights-of-way, and watercourses deemed

necessary for the construction of any of its [public works or

improvements] structural flood protection measures provided for

in this act by the right of eminent domain, and shall have power

to enter upon, injure or destroy any such property deemed

necessary for such purposes. The proceedings for the

condemnation of property and for the assessment of damages for

property taken, injured or destroyed shall be in accordance with

[the act, approved the fifteenth day of July, one thousand nine

hundred and nineteen (Pamphlet Laws, nine hundred seventy-six),

entitled "An act to authorize the Board of Commissioners of

Public Grounds and Buildings to acquire property for the

Commonwealth by proceedings in eminent domain, where the

purchase of such property has either been authorized by law or

determined by the Board of Commissioners of Public Grounds and

Buildings under existing laws, and an appropriation made

therefor," and its amendments and supplements,] section 2401.1

of the act of April 9, 1929 (P.L.177, No.175), known as "The

Administrative Code of 1929," except that the [board] department 

may take possession of the property upon tendering the value of

the property taken as determined by the [board's] department's 

appraisers: Provided, That any property owner, who believes the

amount tendered insufficient to fully compensate him, may accept

the same under protest and without prejudice to his right to

apply for the appointment of a Board of View to assess the

damages claimed: And provided further, That if the award of the

Board of View is not greater than the amount previously tendered

and accepted, then all costs of the proceeding shall be imposed

on such claimant. If the award is greater than the amount

tendered and paid by the [board] department, the claimant shall

be entitled to costs, and the [board] department shall pay, in

addition thereto, the difference between the amount awarded and

tendered. Nothing herein contained, however, shall deprive

either the [board] department or the claimant from appealing

from or filing exceptions to the report of the Board of View,

but upon trial of any appeal, if the party appealing does not

obtain a verdict more favorable than was the report of the Board

of View, he shall not recover costs.

The [board] department shall have like powers of eminent

domain as hereinbefore granted in this section and in accordance

with the same procedure provided by this section, to acquire

property, easements, [rights of way, and water courses] rights-

of-way, and watercourses deemed necessary by the [board]

department to enable the Federal Government, or any of its

agencies or instrumentalities, to erect and construct suitable

[public] flood control works and improvements in this

Commonwealth, in the construction [and], erection, and

acquisition of which the [board] department has been authorized

by this act to aid, assist, and cooperate.

The [board] department shall have the power to authorize the

Federal Government, or any of its instrumentalities or agencies,

to acquire outside the Commonwealth such property, easements,

[rights of way, and water courses] rights-of-way, and

watercourses as are deemed necessary for the construction of any

[public works or] flood control works and improvements provided

for in this act, and to order the payment therefor out of the

current revenues of the General Fund [Appropriations] or bond

proceeds for Flood Control Projects to the Federal Government,

or its instrumentality or agency, not, however, exceeding the

unencumbered amounts of money available in the appropriations.

The [board] department shall not agree to pay any tax on or

rental for any such property, easements, [rights of way or water

courses] rights-of-way or watercourses, nor shall the

Commonwealth be liable therefor without the consent of the

General Assembly.

In any case, where property necessary to be taken by eminent

domain is owned by any person or municipality owning other

property which will be benefited by the flood control

[improvement] works and improvements, the [board] department 

shall have power to require the Board of View, appointed to

assess damages against the property taken, to also assess

benefits against the parts of the same property not taken, and

such other property owned by the claimant benefited, to an

amount not exceeding the damages claimed by the owner, and to

set off the same against any damages which may be awarded for

the property, or part thereof, taken.

In such case, the fact that the property claimed to be

benefited was at any time previously damaged by a flood shall be

conclusive evidence of the fact that benefits have accrued.

Section 12.  Section 12 of the act is amended to read:

Section 12.  United States Not to Be Liable; Federal Rules

and Regulations.--All lands, rights in lands, [rights of way,

and water courses] rights-of-way, and watercourses acquired

under the authority of this act for State or Federal flood

control works and improvements, shall be acquired without cost

to the United States, and no moneys made available for flood

control works and improvements in this Commonwealth, by the

United States, shall be used for such purposes unless in either

event the Government of the United States, or any of its

agencies or instrumentalities, shall first consent thereto, nor

shall the Government of the United States be deemed liable for

any damages, by reason of its contribution, arising in

connection with the construction of any State or Federal [public

works or] flood control works and improvements. The Commonwealth

hereby agrees that after such State [public] flood control works

and improvements are constructed where the Federal Government

has contributed, the same will be operated and maintained in

accordance with all rules and regulations prescribed by the

[Secretary of War] Government of the United States, or its

agencies or instrumentalities, subject to all the limitations

imposed by this act. Agencies of the Commonwealth of

Pennsylvania, acting for and in the name of the Commonwealth,

are authorized to agree to hold and save the Government of the

United States or its agencies free from all damages arising from

implementation, operation, maintenance, repair, replacement, and

rehabilitation of flood control works and improvements projects,

and any project-related betterments, involving cooperative

agreements between the Commonwealth and the Government of the

United States or its agencies, except for damages due to the

fault or negligence of the Government of the United States or

its agencies or its contractors. The Commonwealth hereby

specifically waives sovereign immunity with respect to the

foregoing.

Section 13.  Section 13 of the act, amended April 20, 1956

(1955 P.L.1490, No.494), is amended to read:

Section 13.  Contracts and Agreements With Municipalities and

Persons.--The [board] department shall have power to enter into

contracts and other agreements with municipalities, persons and

authorities created under any act of Assembly for cooperation

and assistance in constructing, financing, maintaining, using,

and operating any State or Federal [public] flood control works

[or] and improvements, and to enter into and execute such

contracts and agreements as may be necessary and convenient to

the exercise of the powers, rights, privileges, and functions

conferred by this act.

Section 14.  Section 14 of the act, amended June 18, 1968

(P.L.217, No.103), is amended to read:

Section 14.  Relocation, Abandonment and Vacation of Roads,

Streets, and Bridges.--The Department of [Highways]

Transportation and municipalities may enter into agreements with

the [board] department, or Federal agencies with the approval of

the [board] department, to relocate roads, streets, bridges, and

viaducts necessitated by the construction of any State or

Federal flood control works and improvements; and may agree

therein to construct new roads, streets, bridges, and viaducts,

and pay the cost of the same, or any part thereof, from the

Motor License Fund or municipal moneys without any charge or

only part of the cost charged against the moneys in the [General

Fund Appropriations] current revenues of the General Fund or

bond proceeds for Flood Control Projects. The [board] department 

may consent in any such agreement to pay the whole or any part

of the cost of constructing such relocated roads, streets,

bridges, and viaducts from the moneys in the [General

Appropriations] current revenues of the General Fund or bond

proceeds for Flood Control Projects. Such relocated roads,

streets, bridges, and viaducts may be constructed by the

Department of [Highways] Transportation or by contract let by

[said department] the Department of Transportation, or the

municipality or by the [board] department or by a Federal agency

as may be agreed upon. Relocation of State highways shall be

made by plans properly approved as is required by law for the

relocation of State highway routes, and may be made without

regard to terminal or intermediate points mentioned in the law

establishing such routes. The portions of State highway routes

supplied by such relocations may be abandoned by the Secretary

of [Highways] Transportation in the manner provided by law,

whereupon said abandoned portions of State highway routes shall

revert to the authorities responsible for the maintenance of the

public road or highway prior to its having been established as a

State highway. Where any State highway route, or part thereof,

shall become inundated by the waters of any flood control

reservoir, or shall become unnecessary for public use and

travel, or burdensome or dangerous due to the construction of

any flood control reservoir, the Secretary of [Highways]

Transportation, with the approval of the Governor, may abandon

as a State highway such State highway route, or part thereof.

The Secretary of [Highways] Transportation may also at any time,

by and with the consent of the local authorities, by written

order declare the portion or portions of road or roads so

abandoned to be vacated and closed to public use and travel and

no longer a public road, without limitation because of the

length of the road to be vacated.

Section 15.  Sections 15 and 16 of the act are amended to

read:

Section 15.  Acceptance of Completed Federal Flood Control 

Works and Improvements.--The [board] department shall have power

to accept on behalf of the Commonwealth all Federal flood

control works and improvements after the same have been

completed, and to agree with the Federal Government to maintain

and operate such flood control works and improvements for the

primary purpose of flood control.

Section 16.  Water Power and Supply.--The rights of

landowners, municipalities, and persons to the waters [in a

flood control district, or in waters] affected by any State or

Federal flood control works [or] and improvements for domestic

use, water supply, industrial purposes, water power or for any

other lawful purposes shall extend only to such rights as are

owned or possessed by them prior to the adoption of the official

plans of such flood control works and improvements, and to such

use as could be made of such waters if the [public improvements

and works] flood control works and improvements herein

authorized had not been made. Whenever such [public improvements

and works] flood control works and improvements make possible a

greater, better or more convenient use of, or benefit from the

waters in a flood control [district] works and improvements

project, the right of such greater, better or more convenient

use of or benefit from such waters shall be the property of the

Commonwealth, saving the rights of the Federal Government as to

navigation. Such rights may be leased, sold or assigned only as

the Legislature may hereafter provide, but at all times the

primary purpose of flood control shall be preserved. All lands

or property, or both, through or over which or bounding which

are streams, the beds of which streams are the property of the

owners of said lands, shall not be deprived of such reasonable

flow of water, as shall be determined and fixed by the [board]

department as necessary for the maintenance of fish and aquatic

life, and for domestic and industrial use and consumption.

Section 16.  Section 17 of the act, amended June 18, 1968

(P.L.217, No.103), is amended to read:

Section 17.  Source of Finances.--The cost and expenses of

making the surveys hereinbefore provided, the preparation of

official plans, all advertising, and all other necessary and

incidental costs and expenses, [including the expenses of the

members of the board,] salaries, and expenses of engineers,

experts, clerks, assistants, and other employes, all court and

viewers' costs assessed against the Commonwealth, and all other

proper and necessary operating expenses deemed necessary by the

[board] department to carry into effect the provisions of this

act, shall be paid from General Fund General Government

Operations Appropriations of the [Department of Forests and

Waters] department or Capital Budget authorizations for specific

flood control works and improvements projects made by the

General Assembly as augmented by reimbursements received for the

cost of making surveys and preparing plans for the [General

State Authority] Department of General Services or other State

instrumentalities or agencies of the Commonwealth. The erection

and construction of [public] flood control works and

improvements and of all other work of any kind and character

authorized by this act and the acquisition of any and all

property in connection therewith shall be paid from the [General

Fund Appropriations] current revenues of the General Fund or

bond proceeds for Flood Control Projects as augmented by Federal

moneys available or made available to this Commonwealth as

grants, contributions, gratuities, and loans for flood control

works and improvements, gifts and donations received from

persons, appropriations and contributions made to the [board]

department by municipalities, and contributions by other states

and their political subdivisions. All moneys so made available

shall likewise be available for expenditure by the [board]

department to aid and assist in the erection and construction of

Federal [public] flood control works and improvements beneficial

to the people of this Commonwealth of the type which may be

constructed under the provisions of this act, after such Federal

flood control works and improvements have been incorporated into

and made a part of an [official State plan] officially accepted

plan by the department and the municipal project sponsor as

provided in this act.

Section 17.  Section 18 of the act is amended to read:

Section 18.  Increase of Municipal Debt; Appropriations.--Any

municipality may incur or increase its indebtedness, in the

manner provided by law, for the purpose of appropriating moneys

to the [board] department, to assist in carrying out the purpose

of this act, and may make appropriations from current funds for

such purpose.

Section 18.  Sections 19 and 20 of the act, amended June 18,

1968 (P.L.217, No.103), are amended to read:

Section 19.  Separate Accounts for [Flood Control

Districts.--Where more than one flood control district is

created, separate] Individual Flood Control Works and

Improvements Projects.--Separate accounts shall be kept for each

[district] flood control works and improvements project, and

payments from the [General Fund Appropriations] current revenues

of the General Fund or bond proceeds for Flood Control Projects

for or on account of any one [district] flood control works and

improvements project shall not exceed the amount credited to

such [district] flood control works and improvements project in

said appropriations.

Section 20.  Cooperation with Other States.--The [Water and

Power Resources Board] department is hereby designated as the

agency of the Commonwealth with power to enter into reciprocal

compacts and agreements with other states in developing flood

control [projects and] works and improvements, and shall have

authority to expend moneys made available and appropriated by

the General Assembly for interstate flood control works and

improvements, located within or without this Commonwealth, on

rivers and streams entering into or flowing out of or along the

borders of this Commonwealth, and to receive, as augmentations

to the [General Fund Appropriations] current revenues of the

General Fund or bond proceeds for Flood Control Projects from

other states and their political subdivisions, any moneys to aid

and assist in the construction of flood control works and

improvements located in this State which are deemed beneficial

to the inhabitants of other states. Payments on account of such

interstate flood control works and improvements may be made by

the [board] department direct to the contractor or to the agency

of such other state which let the contract or is performing the

work of constructing such [works or] flood control works and 

improvements, or to the Federal Government, or any of its

instrumentalities or agencies supervising the construction of

such [works or] flood control works and improvements.

The [board] department is further authorized to empower the

Federal Government, or any of its instrumentalities or agencies,

to supervise the construction of such interstate flood control

works and improvements.

Section 19.  This act shall take effect immediately.