THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BAKER, HANNA, CAUSER, CLYMER, D. COSTA, COX, DENLINGER, EVERETT, FLECK, GABLER, GINGRICH, GRELL, GROVE, HARRIS, KILLION, KORTZ, MAJOR, MILLER, MILNE, MURT, PICKETT, RAPP, REICHLEY, SWANGER, J. TAYLOR AND VULAKOVICH, MARCH 31, 2011

REFERRED TO COMMITTEE ON APPROPRIATIONS, MARCH 31, 2011  

AN ACT

Amending the act of December 15, 1955 (P.L.865, No.256),

entitled "An act requiring rents and royalties from oil and

gas leases of Commonwealth land to be placed in a special

fund to be used for conservation, recreation, dams, and flood

control; authorizing the Secretary of Forests and Waters to

determine the need for and location of such projects and to

acquire the necessary land," further providing for the Oil

and Gas Lease Fund; providing for reallocation of moneys in

fund; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title of the act of December 15, 1955

(P.L.865, No.256), entitled "An act requiring rents and

royalties from oil and gas leases of Commonwealth land to be

placed in a special fund to be used for conservation,

recreation, dams, and flood control; authorizing the Secretary

of Forests and Waters to determine the need for and location of

such projects and to acquire the necessary land," is amended to

read:

AN ACT

Requiring rents and royalties from oil and gas leases of

Commonwealth land to be placed in a special fund to be used

for conservation, recreation, dams, and flood control;

authorizing the Secretary of [Forests and Waters]

Conservation and Natural Resources to determine the need for

and location of such projects and to acquire the necessary

land.

Section 2.  Sections 1, 2 and 3 of the act are amended to

read:

Section 1.  Oil and Gas Lease Fund.

(a)  Establishment.--All rents and royalties from oil and gas

leases of any land owned by the Commonwealth, except rents and

royalties received from game and fish lands and from lands owned

or occupied by the State System of Higher Education, shall be

placed in a special fund to be known as the "Oil and Gas Lease

Fund" which fund shall be exclusively used for conservation,

recreation, dams, or flood control [or to match], for matching 

any Federal grants which may be made for any of the

aforementioned purposes or the purposes authorized under

subsection (c).

(b)  Appropriation.--All rents and royalties received from

lands owned or occupied by the State System of Higher Education

are hereby appropriated on a continuing basis to the State

System of Higher Education.

(c)  Allocation.--The proceeds from rents and royalties

collected under subsection (a) from lands owned or occupied by

the State System of Higher Education shall be allocated as

follows:

(1)  Sixty percent shall be retained by the university

which is the host to the well site and shall be used by the

host university for deferred maintenance projects or energy

efficiency or energy cost saving improvements.

(2)  Forty percent shall be allocated to the State System

of Higher Education for distribution among those universities

which may not host a well site. The distribution formula

shall be determined by the Board of Governors of the State

System of Higher Education. The Board of Governors shall only

use the funds for deferred maintenance or energy efficiency

or energy cost saving improvements.

Section 2.  Duties of the Secretary of Conservation and Natural

Resources.

[It shall be within the discretion of the] The Secretary of

[Forests and Waters] Conservation and Natural Resources shall

have the discretion to determine the need for and the location

of any project authorized by this act. The Secretary of [Forests

and Waters] Conservation and Natural Resources shall have the

power to acquire in the name of the Commonwealth by purchase,

condemnation or otherwise such lands as may be needed.

Section 3.  Use of fund.

[All] Except as otherwise provided under section 1(b) and

(c), the moneys from time to time paid into the "Oil and Gas

Lease Fund" are specifically appropriated to the Department of

[Forests and Waters] Conservation and Natural Resources to carry

out the purposes of this act.

Section 3.  This act shall take effect in 60 days.