PROJECT 70 LAND ACQUISITION AND BORROWING ACT
         Act of Jun. 22, 1964, Special Session 1, P.L. 131, No. 8     Cl. 72
                      Special Session No. 1 of 1964
                                No. 1964-8

                                  AN ACT

     Authorizing the creation and liquidation of indebtedness of
        seventy million dollars for the acquisition of lands for
        recreation, conservation and historical purposes (Project
        70); defining the powers and duties of certain offices,
        agencies and political subdivisions; providing for the
        allotment of proceeds hereunder including Commonwealth
        grants; providing for payment in lieu of taxes; prescribing
        standards and making appropriations.

        Compiler's Note:  Section 303(b) of Act 18 of 1995, which
            created the Department of Conservation and Natural
            Resources and renamed the Department of Environmental
            Resources as the Department of Environmental Protection,
            provided that the Department of Conservation and Natural
            Resources shall exercise the powers and duties conferred
            upon the Department of Forests and Waters by Act 8,
            Sp.Sess., of 1964.
        Compiler's Note:  Section 1 of Act 165 of 1970 provided that
            the limits heretofore imposed by Act 8 upon the rates of
            interest and interest costs permitted to be paid upon
            bonds, obligations and indebtedness issued by the
            Commonwealth or its agencies or instrumentalities or
            authorities, and by local political subdivisions or their
            agencies or authorities, are hereby removed for such
            bonds, obligations or indebtedness.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Short Title.--This act shall be known and may be
     cited as the "Project 70 Land Acquisition and Borrowing Act."
        Section 2.  Findings and Declarations of Policy.--It is
     hereby determined and declared as a matter of legislative
     finding that:
        (1)  Fundamental to the welfare of the people of Pennsylvania
     are the soil and water resources of the State.
        (2)  Private development of public and private lands for
     recreational purposes should be encouraged.
        (3)  The provision of lands for public recreation and the
     conservation of natural and historical resources promotes the
     public health, prosperity and general welfare.
        (4)  The rapid growth of population in Pennsylvania's urban
     and suburban areas requires the acquisition of lands for
     recreation, conservation and historical purposes before such
     lands are lost forever to urban development or become
     prohibitively expensive.
        (5)  The Commonwealth of Pennsylvania must act to acquire and
     to assist local governments to acquire lands that are available
     and appropriate for such purposes so that they and the lands
     previously dedicated to recreation, conservation and historical
     use may be so preserved.
        (6)  The acquisition of such lands by the Commonwealth is
     necessary in those counties where public ownership of land for
     recreation purposes is less than ten per cent of the total land
     area or where there is an urban area of more than twenty-five
     thousand persons.
        (7)  The Commonwealth of Pennsylvania should utilize
     available Federal programs in order to augment the funds made
     available under the provisions of this act.
        (8)  It is the sense of this legislation that acquisition
     hereunder shall cause a minimum of hardship to the industry and
     economy of the Commonwealth of Pennsylvania.
        (9)  Exploration for, development, storage and transportation
     of oil and gas, when properly conducted, are fully compatible
     with uses of publicly owned land for recreation, conservation
     and historical purposes.
        Section 3.  Definitions.--The following words or phrases, as
     used in this act, shall have the meanings herein assigned to
     them unless the context clearly indicates otherwise:
        (1)  "Recreation and historical purposes" mean any use of
     land for public park, fishing, hunting, boating, open space
     purposes or scenic sights or preservation of sites of historical
     significance, or for any related public outdoor recreation or
     historical purpose.
        (2)  "Conservation purposes" mean any use of land for water
     supply, flood control, water quality control development, soil
     erosion control, reforestation, wildlife reserves or any other
     uses that will maintain, improve or develop the natural
     environment of soil, water, air, minerals or wildlife of this
     Commonwealth so as to assure their optimum use.
        (3)  "Lands" mean real property, including improvements
     thereof or thereon, rights of way, water, riparian, and other
     rights, easements, privileges, and any other physical property
     or rights or interests of any kind or description relating to or
     connected with real property.
        (4)  "Political subdivision" means any county, city, borough,
     town or township of the Commonwealth, or any official agency
     created by the foregoing units of government under the laws of
     the Commonwealth: Provided, That any of the actions of such
     official agency taken under the authority of this act must be
     first approved by the participating local governing bodies in
     such agency.
        (5)  "Acquisition county" means any county of the
     Commonwealth in which, at the time of the effective date of this
     act, public ownership of land for outdoor recreation purposes is
     less than ten per cent of the total land area or where, at the
     time of the effective date of this act, there is an urban area
     of more than twenty-five thousand individuals. The following
     counties are represented in this definition: Adams, Allegheny,
     Armstrong, Beaver, Berks, Blair, Bradford, Bucks, Butler,
     Cambria, Carbon, Chester, Columbia, Crawford, Cumberland,
     Dauphin, Delaware, Erie, Fayette, Greene, Indiana, Lackawanna,
     Lancaster, Lawrence, Lebanon, Lehigh, Luzerne, Lycoming, Mercer,
     Montgomery, Montour, Northampton, Northumberland, Philadelphia,
     Schuylkill, Somerset, Susquehanna, Venango, Washington, Wayne,
     Westmoreland, Wyoming and York.
        (6)  "Development county" means any county of the
     Commonwealth in which, at the time of the effective date of this
     act, public ownership of land for outdoor recreation purposes is
     more than ten per cent of the total land area or where, at the
     time of the effective date of this act, there is not an urban
     area of twenty-five thousand individuals. The following counties
     are represented in this definition: Bedford, Cameron, Centre,
     Clarion, Clearfield, Clinton, Elk, Forest, Franklin, Fulton,
     Huntingdon, Jefferson, Juniata, McKean, Mifflin, Monroe, Perry,
     Pike, Potter, Snyder, Sullivan, Tioga, Union, and Warren.
        (7)  "Administrative expenses" mean any expenditures of funds
     other than for the purchase price of acquisition of land
     required to accomplish the purpose of this act including, but
     not limited to, expenditures of the Commonwealth agencies for
     their engineering, legal, appraisal, administrative and
     investigative services, interest payable on or before July 1,
     1965, on notes or bonds issued pursuant to this act, and all
     expenses connected with borrowings under this act.
        Section 4.  Authorization of Incurrence of Indebtedness by
     Constitutional Amendment.--(a)  An amendment to article IX of
     the Constitution of Pennsylvania was adopted by the people of
     the Commonwealth of Pennsylvania on November 5, 1963, which
     reads as follows:
        "Section 24--In addition to the purposes stated in article
     IX, section 4 of this Constitution, the Commonwealth may be
     authorized by law to create debt and to issue bonds to the
     amount of seventy million dollars ($70,000,000), for the
     acquisition of land for State parks, reservoirs and other
     conservation and recreation and historical preservation
     purposes, and for participation by the Commonwealth with
     political subdivisions in the acquisition of land for parks,
     reservoirs and other conservation and recreation and historical
     preservation purposes, subject to such conditions and
     limitations as the General Assembly may prescribe."
        (b)  Pursuant to the permission granted by the Constitutional
     amendment hereinabove set forth, the Governor, Auditor General
     and State Treasurer are hereby authorized and directed to
     borrow, from time to time, on the credit of the Commonwealth and
     subject to the conditions and limitations of this act, money not
     exceeding in the aggregate the sum of seventy million dollars
     ($70,000,000), as may be found necessary to carry out the
     purposes of the aforesaid amendment, and statutes passed in
     conformity therewith.
        Section 5.  Temporary Financing Authorization.--(a)  Pending
     the issuance of bonds of the Commonwealth as hereinafter
     authorized, the Governor, Auditor General and State Treasurer
     (hereinafter called the "issuing officials") are hereby
     authorized in accordance with the provisions hereof and on the
     credit of the Commonwealth to make temporary borrowings of such
     moneys as may from time to time be necessary to carry out the
     purposes of the aforesaid amendment and of this act. In order to
     provide for and in connection with such temporary borrowings the
     issuing officials are hereby authorized in the name and on
     behalf of the Commonwealth to enter into any loan or credit
     agreement or agreements or other agreements with any banks or
     trust companies or other lending institutions or persons in the
     United States having power to enter into the same, which
     agreements may contain such provisions, not inconsistent with
     the provisions of this act, as may be customary in such
     instruments and as may be authorized by the issuing officials.
        (b)  All temporary borrowings made under the authority of
     this section shall be evidenced by notes of the Commonwealth,
     which shall be issued from time to time for such amounts not
     exceeding in the aggregate the sum of seventy million dollars
     ($70,000,000), in such form and in such denominations, and
     subject to such terms and conditions of issue, prepayment or
     redemption and maturity, not later than December 31, 1970, rate
     or rates of interest, not exceeding five per cent per annum, and
     time of payment of interest, as the issuing officials shall
     direct. All notes issued under the authority of this section
     shall bear the facsimile signatures of the issuing officials and
     a facsimile of the Great Seal of the Commonwealth of
     Pennsylvania, and shall be countersigned by two duly authorized
     officers of a duly authorized loan and transfer agent of the
     Commonwealth.
        (c)  All such notes shall be funded and retired not later
     than December 31, 1970, by the issuance and sale of bonds of the
     Commonwealth as hereinafter authorized, to the extent that
     payment of such notes has not otherwise been made or provided
     for.
        (d)  The proceeds of all such temporary borrowings shall be
     paid to the State Treasurer to be held and disposed of in
     accordance with the provisions of section 9 of this act.
        Section 6.  Bonds; Issue of Bonds and Notes; Maturity;
     Interest, etc.--(a)  As evidence of indebtedness herein
     authorized, bonds of the Commonwealth shall be issued in
     accordance with the provisions hereof at any time, or from time
     to time, to fund and retire notes issued pursuant to section 5
     of this act (hereinafter referred to as "funding bonds") or to
     provide moneys necessary to carry out the purposes of the
     aforesaid amendment, or both. Said bonds shall be designated as
     "Project 70 Land Acquisition Bonds."
        (b)  Funding bonds shall be issued from time to time for such
     total amounts as may be required to fund and retire notes issued
     pursuant to the provisions of section 5 of this act, as the
     issuing officials shall direct. Notes authorized by the
     provisions of section 5 of this act, and bonds, other than
     funding bonds and refunding bonds, shall be issued, from time to
     time, and in such total amounts as the Department of Forests and
     Waters and the Pennsylvania Fish and Game Commissions shall,
     with the approval of the Governor, determine.
        (c)  When bonds are issued from time to time, the bonds of
     each issue shall constitute a separate series to be designated
     by the issuing officials. Each series of bonds shall bear such
     rate or rates of interest that the aggregate amount of interest
     payable over the life of such series, less the premium, if any,
     received upon the sale thereof, shall not exceed an amount equal
     to five per cent per annum computed over the life of such series
     as may be determined by the issuing officials. Such bonds shall
     be issued in such denominations and in such form or forms,
     whether coupon or registered as to both principal and interest,
     and with or without such provisions for interchangeability, as
     the issuing officials may determine. In case interest coupons
     are attached, they shall contain the facsimile signatures of the
     State Treasurer and the Auditor General.
        (d)  Except as specified in the foregoing provisions of this
     section 6, the terms and conditions of issue, redemption and
     maturity, and time of payment of interest shall be as the
     issuing officials shall direct: Provided, That no bonds of any
     series shall mature later than thirty years from the date of
     issuance. The issuing officials are hereby authorized to carry
     out the provisions of this act relating to the issuance of bonds
     and shall determine all matters in connection therewith subject
     to the provisions hereof.
        (e)  All bonds issued under the authority of this act shall
     bear the facsimile signatures of the issuing officials and a
     facsimile of the Great Seal of the Commonwealth of Pennsylvania,
     and shall be countersigned by two duly authorized officers of a
     duly authorized loan and transfer agent of the Commonwealth.
        (f)  All bonds issued under the authority of this act shall
     recite that they are issued for one of the purposes set forth in
     subsection (a) of section 6 of this act and that they are issued
     in pursuance of this act. In any action or proceeding involving
     the validity or enforceability of such bonds, such recital shall
     be conclusive as to their purpose and authorization.
        Section 7.  Limitation on Amount; Direct Obligations,
     Exemption from Taxation, Means of Payment.--(a)  Anything
     contained in this act to the contrary notwithstanding, the
     aggregate principal amount of notes and bonds, exclusive of
     funding bonds and refunding bonds, which may be issued pursuant
     to the provisions of this act shall not exceed seventy million
     dollars ($70,000,000).
        (b)  All notes and bonds issued in accordance with the
     provisions of this act shall be direct obligations of the
     Commonwealth of Pennsylvania, and the faith and credit of the
     Commonwealth are hereby pledged for the payment of the interest
     thereon as the same shall become due and the payment of the
     principal thereof at maturity. All notes and bonds issued under
     the provisions of this act shall be exempt from taxation for
     State and local purposes. The principal of and interest on such
     notes and bonds shall be payable in lawful money of the United
     States of America.
        Section 8.  Sale of Bonds.--(a)  Whenever bonds are issued,
     they shall be offered for sale at not less than par and accrued
     interest and shall be sold by the issuing officials to the
     highest and best bidder or bidders after due public
     advertisement on such terms and conditions and upon such open
     competitive bidding as the issuing officials shall direct. The
     manner and times of advertising shall be prescribed by the
     issuing officials.
        (b)  Any portion of any bond issue so offered and not sold or
     subscribed for may be disposed of by private sale by the issuing
     officials in such manner and at such prices, not less than par
     and accrued interest, as the Governor shall direct. No
     commission shall be allowed or paid for the sale of any bonds
     issued under the authority of this act.
        (c)  Until permanent bonds can be prepared, the issuing
     officials may in their discretion issue in lieu of such
     permanent bonds, temporary bonds in such form and with such
     privileges as to registration and exchange for permanent bonds
     as may be determined by the issuing officials.
        Section 9.  Disposition and Use of Proceeds.--(a)  The
     proceeds of all temporary borrowings made pursuant to the
     provisions of section 5 of this act, and the proceeds from the
     sale of bonds, other than funding bonds, issued pursuant to the
     provisions of section 6 of this act, shall be paid to the State
     Treasurer and be held by him in a separate fund and be deposited
     in such depositories as may be selected by him to the credit of
     such fund, which fund shall be known as the "Project 70 Land
     Acquisition Fund" (hereinafter referred to as the "Acquisition
     Fund").
        (b)  The moneys in the Acquisition Fund are hereby
     specifically dedicated to meeting the cost of public acquisition
     of lands for recreation, conservation and historical purposes
     and the Commonwealth's administrative expenses thereof as herein
     authorized and defined and shall not be expended except in
     accordance with the terms of this act.
        (c)  Pending their application to the purposes provided in
     this act, moneys in the Acquisition Fund may be invested and
     reinvested as are other funds in the custody of the State
     Treasurer in the manner provided by law. All earnings received
     from the investment or deposit of such funds shall be paid into
     the State Treasury and become a part of a sinking fund which
     shall be known as the "Project 70 Land Acquisition Sinking
     Fund," to be devoted to and to be used exclusively for the
     payment of interest accruing on bonds and notes issued under the
     authority of this act and the redemption of such bonds at
     maturity.
        Section 10.  Project 70 Land Acquisition Sinking Fund;
     Investments, Redemption of Bonds.--(a)  All bonds issued under
     the authority of this act shall be redeemed at maturity and all
     interest due from time to time after July 1, 1965, on such bonds
     and on all notes issued under the authority of this act shall be
     paid by the Board of Finance and Revenue of the Commonwealth
     from the Project 70 Land Acquisition Sinking Fund. The General
     Assembly beginning with the fiscal year commencing July 1, 1965,
     shall appropriate annually the moneys necessary to pay the
     aforesaid interest on said bonds and notes and the principal of
     said bonds at maturity. All moneys so appropriated shall be paid
     into the Project 70 Land Acquisition Sinking Fund by the State
     Treasurer. All of such moneys not necessary to pay accruing
     interest shall be invested by the Board of Finance and Revenue
     in such securities as are provided by law for the investment of
     the sinking funds of the Commonwealth.
        (b)  The investment of such moneys and the accumulations
     thereon in the Project 70 Land Acquisition Sinking Fund shall be
     devoted to and be used exclusively for the payment of the
     interest accruing on such bonds and notes and for the redemption
     of such bonds at maturity. The Board of Finance and Revenue is
     authorized at any time to use any of such funds for the purchase
     and retirement of all or any part of the bonds issued under the
     authority of this act. In the event that all or any part of said
     bonds shall be purchased by the Commonwealth, they shall be
     cancelled and returned to the State Treasurer, as cancelled and
     paid bonds and thereafter all payments of interest thereon shall
     cease and the cancelled bonds and coupons shall be destroyed
     within two years after cancellation in the presence of the
     issuing officials. A certificate, evidencing the destruction,
     satisfactory to the duly authorized loan and transfer agent of
     the Commonwealth, shall be furnished to it. All cancelled bonds
     and coupons shall be so mutilated as to make the cancelled bonds
     and coupons nonnegotiable.
        Section 11.  Reimbursement of Project 70 Land Acquisition
     Fund for Interest on Notes.--To the extent that interest on
     notes issued pursuant to the authority of this act shall have
     been paid out of the Acquisition Fund, the General Assembly
     shall in the fiscal year commencing July 1, 1965, appropriate
     the moneys necessary to reimburse the Acquisition Fund for the
     amount of such interest. All moneys so appropriated shall be
     paid into the Acquisition Fund by the State Treasurer.
        Section 12.  Refunding Bonds.--The issuing officials are
     hereby authorized to provide, by resolution, for the issuance of
     refunding bonds for the purpose of refunding any bonds issued
     under the provisions of this act and then outstanding, either by
     voluntary exchange with the holders of such outstanding bonds,
     or to provide funds to redeem and retire such outstanding bonds
     with accrued interest and any premium payable thereon, at
     maturity or at any call date. The issuance of such refunding
     bonds, the maturities and other details thereof, the rights of
     the holders thereof, and the duties of the issuing officials in
     respect to the same shall be governed by the foregoing
     provisions of this act insofar as the same may be applicable.
     Refunding bonds may be issued by the issuing officials to refund
     bonds originally issued or to refund bonds previously issued for
     refunding purposes. The proceeds of the sale of any refunding
     bonds shall be paid to the State Treasurer and applied to the
     payment of the principal of, and the accrued interest and
     premium, if any, on the bonds for the refunding of which such
     refunding bonds shall have been issued. Notwithstanding the
     foregoing provisions of this section 12, no refunding bonds
     shall be issued unless the principal amount thereof plus the
     interest cost thereon to maturity, as determined by the issuing
     officials in accordance with accepted financial practice, shall
     be less than the sum of the principal amount of the bonds to be
     refunded, plus the interest cost thereon to maturity determined
     as aforesaid.
        Section 13.  Reporting Requirements.--The State Treasurer
     shall determine and report to the Budget Secretary by January
     first of each year the amount of money necessary for the payment
     of interest on the bonds and notes and of the principal of
     bonds, if any, for the following fiscal year and the times and
     amounts of such payments.
        Section 14.  Registration of Bonds.--The Auditor General
     shall prepare the necessary registry books to be kept in the
     office of the duly authorized loan and transfer agent of the
     Commonwealth for the registration of any bonds, at the request
     of the owner thereof, according to the terms and conditions of
     issue directed by the issuing officials under subsection (d) of
     section 6 hereof. All bonds which are issued without interest
     coupons attached shall be registered in the registry books kept
     by the duly authorized loan and transfer agent of the
     Commonwealth.
        Section 15.  Voting Requirements.--Whenever in this act any
     action is to be taken or decision made by the issuing officials,
     and the three officers shall not be able to agree unanimously,
     the action or decision of the Governor and either the Auditor
     General or State Treasurer shall be binding and final.
        Section 16.  Allotment of Moneys.--(a)  The moneys received
     by the Commonwealth from the issuance and sale of bonds and
     notes pursuant to this act shall be allotted and are hereby
     appropriated for the following specific purposes:
        (1)  For the cost of lands to be acquired by the Commonwealth
     for recreation, conservation or historical purposes and related
     administrative expenses, not to exceed forty million dollars
     ($40,000,000).
        (2)  For the cost of lands to be acquired by the Commonwealth
     for the conservation and propagation of game threatened by
     development in urban areas and for other wildlife and recreation
     purposes and related administrative expenses, not to exceed five
     million dollars ($5,000,000).
        (3)  For the cost of lands to be acquired by the Commonwealth
     for the conservation and propagation of fish and other aquatic
     life and for access sites on lakes and waterways for fishing and
     boating purposes and related administrative expenses, not to
     exceed five million dollars ($5,000,000).
        (4)  For State aid to political subdivisions to pay fifty per
     cent of the cost of lands to be acquired by such political
     subdivisions for recreation, conservation and historical
     purposes, not to exceed twenty million dollars ($20,000,000).
        (5)  Administrative expenses incurred by the Commonwealth in
     carrying out the provisions of this act shall not be paid unless
     the Governor or Budget Secretary shall first approve all such
     expenditures.
        (b)  Six years after the effective date of this act, the
     unused or unobligated balance of any amount to be expended
     pursuant to clause (4) of subsection (a) of this section 16,
     shall be allotted to the Department of Forests and Waters for
     acquisition of additional lands for recreation or conservation
     purposes in any county, or for historical purposes in any
     county, as selected by the Department of Forests and Waters with
     the approval of the Governor, in the manner provided by this
     act.
        (c)  On December 31, 1970, all funds still available for
     expenditure under the provisions of this act and not certified
     as encumbered by the Department of Forests and Waters, Fish
     Commission, Game Commission and the Department of Commerce,
     shall be paid into the Project 70 Land Acquisition Sinking Fund,
     to be devoted to and to be used exclusively for the payment of
     interest accruing on bonds and the redemption of bonds at
     maturity.

        Compiler's Note:  The Department of Commerce, referred to in
            subsec. (c), was renamed the Department of Community and
            Economic Development by Act 58 of 1996.
        Compiler's Note:  The name of the Pennsylvania Fish
            Commission, referred to in subsec. (c), was changed to
            the Pennsylvania Fish and Boat Commission by Act 39 of
            1991. See 30 Pa.C.S. § 308 (relating to designation of
            commission).
        Compiler's Note:  Section 2 of Reorganization Plan No.2 of
            1966 provided that the functions created by subsec. (c)
            are transferred from the Department of Commerce to the
            Department of Community Affairs.
        Section 17.  Manner of Acquisition.--(a)  Lands to be
     acquired by the Commonwealth for recreation, conservation or
     historical purposes in any county, shall be approved by the
     Department of Forests and Waters and acquired by purchase
     agreement or by eminent domain proceedings in the manner
     provided by applicable provisions of law which may govern land
     acquisitions by the Department of Forests and Waters. After
     approval of the acquisition of land for recreation, conservation
     or historical purposes by the Department of Forests and Waters,
     the land shall not be acquired until a public hearing is held in
     the county where the land is situate, at which hearing the
     department shall set forth the area to be taken and its proposed
     use. If the land is located in more than one county such hearing
     shall be held in the county wherein the majority of the land is
     situate. Notice of the public hearing shall be given at least
     two weeks before in a newspaper of general circulation in the
     county, or in the case of land located in more than one county,
     in a newspaper of general circulation in each county. When the
     land to be acquired is situate in a development county, the
     acquisition shall be first approved by the township supervisors,
     township commissioners, or borough council and the court of
     common pleas of the county where the land is situate. The moneys
     allocated for such purposes shall be paid by the State Treasurer
     on the audit and warrant of the Auditor General on the
     requisition of the Secretary of Forests and Waters.
        (b)  Lands to be acquired by the Commonwealth in any county,
     for the conservation and propagation of game threatened by
     development in urban areas and for other wildlife conservation
     and recreation purposes, shall be approved by the Pennsylvania
     Game Commission and shall be acquired by purchase agreement or
     by eminent domain proceedings in the manner provided by
     applicable provisions of law which may govern land acquisitions
     by the Pennsylvania Game Commission, except that any limitation
     upon the amount which the Pennsylvania Game Commission may pay
     for lands shall not apply to any purchase made with moneys
     provided under this act. When the land to be acquired is situate
     in a development county, the acquisition shall be first approved
     by the township supervisors, township commissioners, or borough
     council and the court of common pleas of the county where the
     land is situate. The moneys appropriated for such purposes shall
     be paid by the State Treasurer on the audit and warrant of the
     Auditor General on the requisition of the Executive Director of
     the Pennsylvania Game Commission.
        (c)  Lands to be acquired by the Commonwealth in any county
     for the conservation and propagation of fish and other aquatic
     life and for access sites on lakes and waterways for fishing and
     boating purposes, shall be approved by the Pennsylvania Fish
     Commission and shall be acquired by purchase agreement or by
     eminent domain proceedings in the manner provided by applicable
     provisions of law which may govern land acquisitions by the
     Pennsylvania Fish Commission. The moneys appropriated for such
     purposes shall be paid by the State Treasurer on the audit and
     warrant of the Auditor General on the requisition of the
     Executive Director of the Pennsylvania Fish Commission.
        (d)  Lands to be acquired for recreation, conservation and
     historical purposes by a political subdivision shall be first
     approved by the governing body of said political subdivision at
     which time application shall be made by said governing body to
     the Bureau of Community Development in the Department of
     Commerce, Commonwealth of Pennsylvania, for approval of state
     aid pursuant to clause (4) of subsection (a) of section 16 of
     this act. In connection with its duties under the act, the
     Department of Commerce is hereby empowered to make studies to
     determine the needs for land for recreation, conservation and
     historical purposes in the various communities of the
     Commonwealth, or the advisability of granting state aid. The
     Bureau of Community Development, after approval, shall forward
     such application to the Department of Forests and Waters. Such
     lands shall be acquired by the political subdivision by purchase
     agreement or by eminent domain proceedings in the manner
     provided by applicable provisions of law which may govern land
     acquisitions for such purposes by such political subdivision.
     The Commonwealth's share of the cost of such lands shall be paid
     by the State Treasurer on the audit and warrant of the Auditor
     General on the requisition of the Secretary of Forests and
     Waters.
        (e)  Whenever lands to be acquired for recreation or
     conservation purposes have historic landmarks on or near them,
     the Historical and Museum Commission shall be consulted relative
     to the need for and the desirability of acquiring or preserving
     said historic landmark.
        (f)  Whenever the whole or any part of the right of way of a
     public utility or a company under the jurisdiction of the
     Federal Power Commission is acquired by eminent domain under the
     provisions of this act, the condemnor shall, at its own expense,
     provide a substitute right of way on another and favorable
     location. Such public utility or a company under the
     jurisdiction of the Federal Power Commission shall thereupon
     provide for the transfer to, or reconstruction upon, in, under
     or above said substitute right of way of any structures and
     facilities of said public utility or a company under the
     jurisdiction of the Federal Power Commission located upon, in,
     under or above said original right of way at the time the same
     is so acquired. The condemnor is hereby authorized to enter into
     agreements with such public utility or a company under the
     jurisdiction of the Federal Power Commission to contribute
     toward the expense of such transfer or reconstruction, and in
     the event that they are unable to agree on the amount to be
     paid, the matter shall be referred to the Pennsylvania Public
     Utility Commission which shall, after hearing thereon, make a
     finding and order of the amount to be paid to such public
     utility or a company under the jurisdiction of the Federal Power
     Commission by the condemnor. In case of failure of such public
     utility or a company under the jurisdiction of the Federal Power
     Commission within a reasonable time, after notice so to do, to
     remove its facilities to such substitute right of way, the
     Pennsylvania Public Utility Commission shall have jurisdiction
     on petition of the condemnor to order such transfer or
     reconstruction. Any party to such proceedings shall have the
     right of appeal from the finding and order of the Pennsylvania
     Public Utility Commission. The condemnor is hereby authorized to
     acquire by purchase, or by the exercise of the power of eminent
     domain, any necessary land or right of way for the relocation of
     any such public utility or a company under the jurisdiction of
     the Federal Power Commission right of way and facilities. The
     substitute right of way thus acquired shall be equal in estate
     to the original right of way acquired from the public utility or
     a company under the jurisdiction of the Federal Power
     Commission, and the condemnor shall deliver to the public
     utility or a company under the jurisdiction of the Federal Power
     Commission a deed, duly executed and acknowledged, conveying to
     it an estate in the substitute right of way at least equal to
     that owned by the public utility or a company under the
     jurisdiction of the Federal Power Commission in the original
     right of way, or if such substitute right of way is to be
     acquired by purchase, the condemnor shall procure and deliver to
     the public utility or a company under the jurisdiction of the
     Federal Power Commission a deed conveying such estate to it from
     the owner of the land on which such substitute right of way is
     located. The performance by the condemnor of the duties imposed
     by this subsection (f) shall be in lieu of all other
     compensation to the public utility for the taking of the
     original right of way by the condemnor. This subsection (f)
     shall have no application to the relocation of public utility or
     a company under the jurisdiction of the Federal Power Commission
     facilities located in the beds of public streets, roads or
     highways.
        (g)  All proposals for the acquisition of lands under the
     provisions of this act shall be submitted to the State Planning
     Board for its review and approval, prior to final approval by
     the Governor. For the purposes of review and approval of such
     proposals, the Secretary of Agriculture shall be a voting member
     of the State Planning Board.

        Compiler's Note:  The Department of Commerce, referred to in
            subsec. (d), was renamed the Department of Community and
            Economic Development by Act 58 of 1996.
        Compiler's Note:  The name of the Pennsylvania Fish
            Commission, referred to in subsec. (c), was changed to
            the Pennsylvania Fish and Boat Commission by Act 39 of
            1991. See 30 Pa.C.S. § 308 (relating to designation of
            commission).
        Compiler's Note:  Section 2(c) of Reorganization Plan No.2 of
            1966 provided that the functions created by section 17(d)
            are transferred from the Department of Commerce to the
            Department of Community Affairs.
        Section 18.  Standards for Acquisition.--(a)  Lands to be
     acquired by the Department of Forests and Waters shall be such
     that they may be utilized for recreation, conservation and
     historical purposes and shall contribute to the sound
     development of the State's recreational resources.
        (b)  Lands to be acquired by the Pennsylvania Fish Commission
     or by the Pennsylvania Game Commission shall be such that they
     may be utilized for game, fish, or other wildlife conservation
     and recreation purposes, and to the extent consistent with this
     primary purpose, priority in the lands to be so acquired shall
     be given to land which is suitable for multiple recreation
     utilization.
        (c)  Lands to be acquired by any political subdivision shall
     be such that they may be utilized for recreation, conservation
     and historical purposes, and contribute to meet the recreation
     or conservation needs of the community.
        (d)  Lands to be acquired by the Commonwealth or by any
     political subdivision of the Commonwealth for historical
     preservation purposes must, first, before acquisition, be
     certified by the Pennsylvania Historical and Musuem Commission,
     as being of substantial historical significance, and as being in
     accord with an orderly and comprehensive program for the
     development and preservation of historical sites in the
     Commonwealth, which program the Historical and Museum Commission
     is hereby directed to formulate and revise from time to time, as
     necessary.
        Compiler's Note:  The name of the Pennsylvania Fish
            Commission, referred to in subsec. (b), was changed to
            the Pennsylvania Fish and Boat Commission by Act 39 of
            1991. See 30 Pa.C.S. § 308 (relating to designation of
            commission).
        Section 19.  In-lieu-of-tax Payments.--(a)  Whenever an
     acquisition by the Commonwealth under this act reduces the
     taxable base within a political subdivision or school district,
     the officers of such political subdivision or school district,
     authorized by law to levy taxes, shall immediately after such
     acquisition request the State Tax Equalization Board to
     determine, and the State Tax Equalization Board upon receipt of
     such request, shall determine and certify, to the Auditor
     General and the Secretary of Forests and Waters, the prior
     market value of the acquired property and the prior market value
     of the remaining taxable real estate base. For the purposes of
     this section, the market value of specified property for any one
     year shall be ascertained by multiplying its assessed value for
     that year by the ratio of the aggregate market value to the
     aggregate assessed value of all taxable real estate located in
     the political subdivision or school district. The prior market
     values required to be determined shall mean market values
     ascertained on the basis of the most recent certification of the
     State Tax Equalization Board prior to acquisition.
        (b)  Beginning with the fiscal year during which a political
     subdivision or school district requests certification of the
     prior market values in accordance with subsection (a) of this
     section, or beginning with the fiscal year starting July 1,
     1965, whichever is later, and ending with the fiscal year in
     which the acquired land is put to use as a public facility, such
     political subdivision or school district shall receive an annual
     in-lieu-of-tax payment calculated by multiplying the total real
     estate taxes levied by such political subdivision or school
     district for the current fiscal year, by the quotient of the
     certified prior market value of the acquired property, divided
     by the sum of the certified prior market value of the acquired
     property plus the certified prior market value of the remaining
     taxable real estate base. If for any fiscal year following the
     fiscal year during which an acquired property is put to use as a
     public facility, the current market value of the remaining
     taxable real estate base is less than the sum of the certified
     prior market value of the acquired property, plus the certified
     prior market value of the remaining taxable real estate base,
     such political subdivision or school district shall receive for
     such fiscal year an in-lieu-of-tax payment calculated by
     multiplying the total real estate taxes levied by such political
     subdivision or school district for the current fiscal year, by
     the quotient of the sum of the certified prior market value of
     the acquired property, plus the certified prior market value of
     the remaining taxable real estate base, less the current market
     value of the remaining taxable real estate divided by the
     current market value of the remaining taxable real estate base:
     Provided, That such payment shall not exceed the product
     obtained by multiplying the total real estate taxes levied by
     such political subdivision or school district for the current
     fiscal year, by the quotient of the certified prior market value
     of the acquired property divided by the sum of the certified
     prior market value of the acquired property plus the certified
     prior market value of the remaining taxable real estate base.
     The payments so determined shall be paid by the State Treasurer
     on the audit and warrant of the Auditor General on the
     requisition of the Secretary of Forests and Waters.
        (c)  When payments by the Commonwealth cease as provided for
     in subsection (b) above, in-lieu-of-tax payments shall be made
     to political subdivisions or school districts for land acquired
     by the Commonwealth under this act in the manner provided by
     applicable provisions of law for State forest lands.
        Section 20.  Restrictions on Use or Alienation.--(a)  Lands
     acquired under the provisions of this act shall be made
     available for the use and enjoyment of the people without
     restriction based upon race, color, creed or national origin.
        (b)  No lands acquired with funds made available under this
     act shall be disposed of or used for purposes other than those
     prescribed in this act without the express approval of the
     General Assembly: Provided, That the Commonwealth or a political
     subdivision, as the owner of such lands, may issue permits,
     licenses or leases for the exploration, development, storage and
     removal of oil, gas or other minerals, or for the installation
     and use of water, gas, electric, telephone, telegraph, oil or
     oil products lines, under reasonable regulations prescribed by
     such owner consistent with the primary use of such lands for
     "recreation, conservation and historical purposes."
        (c)  The deeds of all lands acquired under the provisions of
     this act shall contain the following clause:
        This indenture is given to provide land for recreation,
     conservation and historical purposes, as said purposes are
     defined in the "Project 70 Land Acquisition and Borrowing Act,"
     approved June 22, 1964, P.L.131.
        (d)  Should the provisions of this act as they are applicable
     to the political subdivisions of the Commonwealth be wilfully
     violated, it shall be the duty of the governing body of said
     subdivision or of its successor to reimburse the Commonwealth in
     the amount of the aid rendered to it by the Commonwealth in the
     acquisition of the land in question plus six per cent interest
     compounded semi-annually from the date of receipt of said aid
     until the date of said reimbursement. Such reimbursement shall
     be paid by the State Treasurer into the Acquisition Fund if said
     fund is still active, or if such is not the case, into the
     Project 70 Land Acquisition Sinking Fund.
        (e)  The Commonwealth of Pennsylvania may specifically
     enforce the provisions of this requirement by application to a
     court of equity and may invoke other remedies deemed appropriate
     under the circumstances.
        (f)  Whenever any acquisition of land shall cause a dead-end
     public road or highway or whenever a public road or highway is
     cut off or terminated, suitable substitute public roads and
     highways shall be provided if the need therefor is determined by
     the governing body of the city, borough, town or township where
     such dead-end or cutoff occurs. If such need is established by
     any of the respective governing bodies they shall have the power
     to determine alternative routes or locations of any substitute
     road or highway. All determinations shall be subject to the
     approval or disapproval of the Secretary of Highways.
        Section 21.  Constitutional Construction.--The provisions of
     this act shall be severable and, if any of the provisions
     thereof shall be held unconstitutional, such decisions shall not
     affect the validity of any of the remaining provisions of this
     act. It is hereby declared as the legislative intent that this
     act would have been adopted had such unconstitutional provisions
     not been included therein.
        Section 22.  Effective Date.--This act shall take effect
     immediately.