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PRINTER'S NO. 1457
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1106
Session of
2015
INTRODUCED BY BENNINGHOFF, COHEN, GABLER, GODSHALL, HANNA,
A. HARRIS, IRVIN, KLUNK, MURT, PEIFER AND EVERETT,
MAY 6, 2015
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MAY 6, 2015
AN ACT
Amending the act of June 28, 1995 (P.L.89, No.18), entitled "An
act creating the Department of Conservation and Natural
Resources consisting of certain functions of the Department
of Environmental Resources and the Department of Community
Affairs; renaming the Department of Environmental Resources
as the Department of Environmental Protection; defining the
role of the Environmental Quality Board in the Department of
Environmental Protection; making changes to responsibilities
of the State Conservation Commission and the Department of
Agriculture; transferring certain powers and duties to the
Department of Health; and repealing inconsistent acts," in
Department of Conservation and Natural Resources, further
providing for forests, for parks and for fees and charges.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 302(b)(1), 303(a)(4) and 314 of the act
of June 28, 1995 (P.L.89, No.18), known as the Conservation and
Natural Resources Act, is amended to read:
Section 302. Forests.
* * *
(b) Utilization and protection.--The department has the
following powers and duties with respect to the utilization and
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protection of State forest lands:
(1) To lease for a period not exceeding ten years, on
terms and conditions as it may consider reasonable, to any
person, corporation, association, church organization or
school board of this Commonwealth, such portion of any State
forest, whether owned or leased by the Commonwealth, as the
department may consider suitable, as a site for buildings and
facilities to be used by such person, corporation,
association, church organization or school board for health
and recreation, or as a site for a church or school purposes.
However, the department may, with the approval of the
Governor, if a substantial capital investment is involved and
if it is deemed in the best interests of this Commonwealth,
enter into such leases for a period not to exceed 35 years.
The department shall not terminate the lease of a person
whose cabin has been destroyed or seriously damaged by fire,
storm, flood or other natural causes and shall permit the
rebuilding of such cabin. The department shall permit persons
holding leases to renovate or make additions to existing
cabins with the approval of the department. A devise of a
lease is subject to the following:
(i) Within 90 days of the probate of the will, the
issuance of letters of administration or any petition for
disposition of decedents estates independent of the
issuance of letters testamentary or of administration, a
devisee must submit:
(A) Written notification of the devise.
(B) A written request for assignment of lease.
(ii) A devisee's failure to submit proper notice and
request shall result in termination of the lease.
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(iii) If a devisee is a nonresident of this
Commonwealth, the devisee shall pay to the Bureau of
Forestry an annual nonresident rental fee to be
determined by the department. Fees imposed under this
subparagraph shall be administered in accordance with
section 314(b).
(iv) A nonresident devisee may not devise, sell or
assign the lease to a nonresident of this Commonwealth.
The devise, sale or assignment of a lease by a
nonresident to another nonresident shall result in
termination of the lease.
* * *
Section 303. Parks.
(a) Powers and duties enumerated.--The department shall have
the following powers and duties with respect to parks:
* * *
(4) To lease for a period not to exceed ten years, on
such terms as may be considered reasonable, to any person,
corporation, association or organization of this Commonwealth
a portion of any State park, whether owned or leased by the
Commonwealth, as may be suitable as a site for buildings and
facilities to be used for health, recreational or educational
purposes, or for parking areas or concessions for the
convenience and comfort of the public. However, the
department may, with the approval of the Governor, if a
substantial capital investment is involved and if it is
deemed in the best interests of the Commonwealth, enter into
such leases for a period of not more than 35 years. A devise
of a lease is subject to the following:
(i) Within 90 days of the probate of the will, the
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issuance of letters of administration or any petition for
disposition of decedents estates independent of the
issuance of letters testamentary or of administration, a
devisee must submit:
(A) Written notification of the devise.
(B) A written request for assignment of lease.
(ii) A devisee's failure to submit proper notice and
request shall result in termination of the lease.
(iii) If a devisee is a nonresident of this
Commonwealth, the devisee shall pay to the Bureau of
Forestry an annual nonresident rental fee to be
determined by the department. Fees imposed under this
subparagraph shall be administered in accordance with
section 314(a).
(iv) A nonresident devisee may not devise, sell or
assign the lease to a nonresident of this Commonwealth. The
devise, sale or assignment of a lease by a nonresident to
another nonresident shall result in termination of the lease.
* * *
Section 314. Fees and charges.
(a) General rule.--Whenever the department imposes fees or
charges for activities, admissions, uses or privileges,
including charges for concessions, at or relating to State
parks, such charges or fees shall be used solely for the
acquisition, maintenance, operation or administration of the
State park system and are hereby appropriated for such purposes.
The department shall not adopt or impose any charges or fees for
parking or general admission to State parks unless the charges
were imposed prior to January 1, 1995. The department may
continue to impose and modify parking charges and fees
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applicable to specific services or units within the State park
system which were imposed prior to January 1, 1995, and may
impose charges or fees for admission to and for use of specific
services and facilities in State parks. The department shall
continue to exercise the powers previously vested in the
Environmental Quality Board regarding the imposition of fees and
charges for State parks and State forests.
(b) Nonresident rental fees.--Whenever the department
imposes nonresident rental fees at or relating to State forests
under section 302(b)(1)(iii), such fees shall be used solely for
the acquisition, maintenance, operation or administration of the
State forest system and are hereby appropriated for such
purposes.
Section 2. This act shall take effect in 60 days.
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