PRINTER'S NO. 3795
No. 2546 Session of 2008
INTRODUCED BY CONKLIN, McCALL, FRANKEL, SIPTROTH, LONGIETTI,
PALLONE, MUNDY, READSHAW, MANN, CALTAGIRONE, J. WHITE,
GOODMAN, WANSACZ, CARROLL, FREEMAN, MAHONEY, WALKO, BELFANTI,
KULA, PETRONE, MURT AND K. SMITH, MAY 20, 2008
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MAY 20, 2008
AN ACT
1 Amending the act of August 7, 1936 (1st Sp.Sess., P.L.106,
2 No.46), entitled, as reenacted and amended, "An act relating
3 to flood control; prescribing the powers and duties of the
4 Water and Power Resources Board of the Department of Forests
5 and Waters in relation to the creation of flood control
6 districts, adoption of plans for flood control works and
7 improvements, carrying into effect of such plans, assistance,
8 aid and cooperation with public and private agencies and the
9 Federal Government in Federal flood control works and
10 improvements, and entering into compacts and agreements with
11 other states for flood control works and improvements;
12 conferring the power of eminent domain; providing for the
13 setting off of benefits; imposing certain charges upon the
14 Commonwealth; providing for appeals; and conferring certain
15 powers on municipalities, counties, and townships, and the
16 Department of Highways," further providing for purpose of
17 act; adding definitions; further providing for plans, for
18 proceedings, for powers and duties of the Department of
19 Environmental Protection, for eminent domain, for flood
20 control works and for financing; and making editorial
21 changes.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. The title of the act of August 7, 1936 (1st
25 Sp.Sess., P.L.106, No.46), referred to as the Flood Control Law,
26 reenacted and amended March 10, 1937 (P.L.43, No.18), is amended
1 to read:
2 AN ACT
3 Relating to flood control; prescribing the powers and duties of
4 the [Water and Power Resources Board of the Department of
5 Forests and Waters] Department of Environmental Protection in
6 relation to the [creation of flood control districts,]
7 adoption of plans for flood control works and improvements,
8 carrying into effect of such plans, assistance, aid and
9 cooperation with public and private agencies and the Federal
10 Government in Federal flood control works and improvements,
11 and entering into compacts and agreements with other states
12 for flood control works and improvements; conferring the
13 power of eminent domain; providing for the setting off of
14 benefits; imposing certain charges upon the Commonwealth;
15 providing for appeals; and conferring certain powers on
16 municipalities, counties, and townships, and the Department
17 of [Highways] Transportation.
18 Section 2. Section 1 of the act, amended June 18, 1968
19 (P.L.217, No.103), is amended to read:
20 Section 1. Definitions.--[The word "board," as used in this
21 act, means the Water and Power Resources Board of the Department
22 of Forests and Waters.] The word "acquisition," as used in this
23 act, shall mean the purchase, or lease with an option to
24 purchase, of land, easements or structures for flood damage
25 reduction.
26 The word "department," as used in this act, shall mean the
27 Department of Environmental Protection of the Commonwealth.
28 The phrase "flood control works and improvements," as used in
29 this act, shall include both structural and non-structural flood
30 protection measures, and stream channel environmental
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1 improvements.
2 The word "person," as used in this act, shall include
3 individuals, associations, partnerships, and corporations.
4 The word "plans," as used in this act, shall mean plans,
5 maps, profiles, estimates of costs, descriptions of property to
6 be taken, damaged or destroyed, and other data and descriptions
7 prepared by the [Water and Power Resources Board] Department of
8 Environmental Protection to establish the area and boundaries of
9 a proposed flood control [district] works and improvements
10 project, to locate adequate proposed flood control works and
11 improvements, to determine the cost of the erection [and],
12 construction, and acquisition of the same, and to determine
13 property to be taken, damaged or destroyed by the construction
14 of such works; and shall also be construed to include similar
15 plans prepared by any agency of the Federal Government which,
16 before adoption in this Commonwealth, shall have been
17 [incorporated into and made a part of any State official plan.]
18 officially accepted by the Department of Environmental
19 Protection and the municipal project sponsor.
20 The phrase "stream channel environmental improvement," as
21 used in this act, shall mean and include installation and
22 maintenance of vegetated stream banks and riparian corridors,
23 bioengineered projects for bank stability and erosion control,
24 in-channel structures for habitat and geomorphic stabilization
25 of profile, pattern and dimensions.
26 The word "municipality," as used in this act, shall include
27 counties, cities, boroughs, incorporated towns, [and] townships
28 and municipal authorities created under any act of the General
29 Assembly.
30 The phrase "non-structural flood protection measures," as
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1 used in this act, shall mean floodplain improvements and include
2 acquisition of land and structures; demolition, removal,
3 relocation, elevating and floodproofing of structures and other
4 facilities susceptible to flood damage; and floodplain site
5 clearance and restoration.
6 Section 3. Section 2 of the act is amended to read:
7 Section 2. Surveys and Plans.--The [Water and Power
8 Resources Board] department shall have power on its own motion,
9 or upon the [petition of at least three municipalities, or upon
10 the petition of at least three hundred persons, who are
11 freeholders, in any drainage area,] formal request of a
12 municipality or municipalities to make appropriate surveys and
13 to prepare suitable plans for any proposed flood control
14 [district in such drainage area, or any part thereof,] works and
15 improvements in order to control, store, preserve, and regulate
16 the flow of rivers and streams and diminish or eliminate floods
17 [inimical] detrimental to the public health and safety [and],
18 destructive to public and private property and works, or for
19 flood damage reduction.
20 Section 4. Section 4 of the act, amended July 1, 1937
21 (P.L.2458, No.458), is amended to read:
22 Section 4. Official Plans; Notice.--When the [board]
23 department has completed suitable plans, it shall adopt them as
24 official plans and give public notice of such adoption [in at
25 least two newspapers in each county, wholly or partially within
26 such flood control district, if so many are published therein,
27 once a week for two consecutive weeks], which notice shall state
28 that the official plans are on file in the office of the [board]
29 department. The [board] department shall also give notice to all
30 persons, whose property may be taken, damaged or destroyed in
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1 the completion of such plans.[, by registered mail to the last
2 known post office address of the owner or reputed owner of the
3 property. A certified copy of the completed suitable plans
4 shall, upon their adoption, be recorded in the office of the
5 recorder of deeds of each county, wholly or partially within a
6 flood control district. Such recording shall be constructive
7 notice to all owners whose property may be taken, damaged or
8 destroyed in the completion of such plans.]
9 Section 5. Section 5 of the act is repealed:
10 [Section 5. Proceedings Against Board; Hearings; Appeals.--
11 Any action in equity to restrain the board from proceeding with
12 the official plans for any flood control district and the
13 establishment of such district by any party aggrieved thereby,
14 shall be heard forthwith by the court in which such proceedings
15 may be instituted, and any appeal or appeals shall be heard by
16 the Supreme Court in any district in which it may be in session,
17 as is provided in cases of appeals from special or preliminary
18 injunctions.]
19 Section 6. Section 6 of the act, amended June 18, 1968
20 (P.L.217, No.103), is amended to read:
21 Section 6. When Official Plans Effective.--Official plans
22 shall become effective for a flood control [district, and the
23 district shall be deemed established] works and improvements
24 project when the [board] department shall have completed
25 suitable plans, presented those plans to a municipal sponsor and
26 [adopted them as official plans and given the notice of such
27 adoption provided for in section four of this act] those plans
28 are adopted by formal resolution of the municipal sponsor.
29 The [board] department may proceed with the exercise of the
30 powers granted by this act whenever an official plan has become
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1 effective, but no contract shall be let, agreement executed, or
2 condemnation proceeding be begun requiring expenditures
3 exceeding the amount of moneys appropriated for flood control
4 works and improvements projects and not already encumbered.
5 Section 7. Section 7 of the act, amended June 5, 1947
6 (P.L.420, No.194), is amended to read:
7 Section 7. General Powers of [Board] Department; Payment of
8 Taxes by Commonwealth.--(a) In order to carry into effect the
9 official plans for any flood control [district] works and
10 improvements, the [board] department shall have power to clean
11 out, widen, alter, deepen or change the course, current or
12 channel of any river or stream; to install a flood forecasting
13 and warning system; to fill up any abandoned canal or [water
14 course] watercourse; to construct and maintain levees, dikes,
15 walls, revetments, dams, lakes, reservoirs, and other flood
16 control works and improvements deemed necessary to prevent
17 floods [and to], reduce flood damages, control, preserve, and
18 regulate the flow of rivers and streams, and to enhance water
19 quality and stream corridor ecological functions; to construct
20 or enlarge bridges and viaducts; to construct, relocate, and
21 elevate public highways; to construct any of said flood control
22 works and improvements across, through or over any public
23 highway, canal, railroad, [right of way] right-of-way, or track;
24 to remove or change the location of any fence, building,
25 railroad, canal, or other improvement; to acquire by donation,
26 lease, purchase or condemnation, and own or hold, in the name of
27 the Commonwealth, real and personal property and easements and
28 the [public] flood control works and improvements erected and
29 constructed under the authority of this act.
30 (b) Whenever in the exercise of its general powers the
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1 [board] department shall construct dams, lakes and reservoirs,
2 which can be otherwise utilized, the [board] department may, on
3 approval by the Governor, permit the Department of [Forests and
4 Waters] Conservation and Natural Resources to occupy and use
5 said dams, lakes and reservoirs and any adjoining land acquired
6 for flood control purposes as recreational areas. Any such use
7 shall be subordinate to the primary purpose of flood control for
8 which said lands were acquired and the waters impounded thereon.
9 (c) Whenever any lands or other property is acquired by the
10 [board] department to be used for reservoir purposes, [the board
11 for the assessment and revision of taxes or] the county
12 commissioners of the county wherein the same is located, shall,
13 immediately after such acquisition, certify to the Auditor
14 General the assessed valuation of such lands and other property
15 at the time of such acquisition. After such acquisition, the
16 taxing authority of each political subdivision within which such
17 lands or other property is located, shall, from year to year, at
18 the time of their annual levy of taxes, certify to the Auditor
19 General the rate of their respective levies for the next year.
20 Thereupon the Auditor General shall ascertain the amount of
21 taxes which would have been collected upon the assessed
22 valuation certified as hereinbefore provided, at the respective
23 rates of the levies so certified. Upon the ascertainment of such
24 amounts, the same shall be paid by the Commonwealth to the
25 several political subdivisions, from time to time, from the
26 General Fund.
27 Section 8. Section 8 of the act, amended June 18, 1968
28 (P.L.217, No.103), is amended to read:
29 Section 8. [Board] Department Designated as Agency to
30 Receive Federal Moneys.--The [board] department is authorized to
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1 receive on behalf of the Commonwealth of Pennsylvania any and
2 all Federal moneys, grants, contributions, gratuities, and loans
3 available or hereafter made available by the [government]
4 Government of the United States, or any of its agencies or
5 instrumentalities, for State flood control works and
6 improvements under such rules and regulations, not inconsistent
7 with the provisions of this act, as may be prescribed by law of
8 the Congress of the United States, or any Federal agency or
9 instrumentality; and to pay the same over to the State
10 Treasurer, through the Department of Revenue as custodian. All
11 such moneys shall be paid into the General Fund as an
12 augmentation to the Appropriations for Flood Control Projects.
13 Section 9. Section 9 of the act is amended to read:
14 Section 9. Powers and Duties in Connection with Federal
15 Flood Control Works and Improvements.--In addition to the powers
16 hereinbefore granted, the [board] department is hereby empowered
17 and directed, for and in behalf of the Commonwealth and its
18 subdivisions, to aid, assist, and cooperate in the carrying out
19 of any Federal flood control [program or plans] works and
20 improvements, and for such purposes shall have all of the powers
21 conferred and shall be subject to all the limitations imposed by
22 this act, including the approval of plans as provided in this
23 act, [with respect to the State-created flood control districts
24 and the execution of the official plans for such districts,] and
25 all other powers consistent therewith, necessary or required, in
26 order to enable the Commonwealth to participate in and receive
27 the benefits of any Federal flood control [program or plans]
28 works and improvements in this Commonwealth, subject to all the
29 limitations imposed by this act. It shall have power among
30 others, to enter into and execute any and all contracts and
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1 agreements with agencies of the Federal Government, and to do
2 and perform all acts necessary in connection therewith, and to
3 assist and cooperate in constructing, erecting, financing,
4 maintaining, using, and operating any Federal [public] flood
5 control works and improvements, and to enter into and execute
6 such contracts as may be deemed necessary and convenient to the
7 exercise of the powers, rights, privileges, and functions
8 conferred by this act. It shall have power to obligate the
9 Commonwealth to pay a portion of the cost of such Federal flood
10 control works and improvements, not, however, exceeding amounts
11 of money available for such purposes.
12 The [board] department is authorized and directed to conform
13 and comply with all rules, regulations, and requirements of the
14 Federal Government and its agencies and instrumentalities,
15 subject to the limitations imposed by this act.
16 Section 10. Section 10 of the act, amended December 22, 1981
17 (P.L.551, No.162), is amended to read:
18 Section 10. Contracts and Acquisition of Property.--All work
19 of any character whatever performed by the [board] department
20 under the authority of this act, except as hereinafter provided,
21 in connection with any State [public] flood control works and
22 improvements, involving an expenditure of more than [four]
23 twenty-five thousand dollars, shall be performed under written
24 contract let by the [board] department to the lowest responsible
25 bidder after due advertisement as prescribed by the [board]
26 department; except, however, that the [board] department may,
27 with the approval of the Governor, enter into contracts or
28 agreements, without advertisement, with any person, corporation
29 or municipality, covering the removal or relocation of gas,
30 water, [and] telephone, [telegraph] cable, electric light, and
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1 electric power lines, highways, railroads, or other facilities,
2 and providing therein for said removal or relocation by the
3 person, corporation or municipality owning such facility. The
4 [board] department may, with the approval of the Governor,
5 acquire any necessary easements and rights-of-way and may pay
6 all costs and damages necessary, arising from and incidental to
7 said removal or relocation. Payment shall be made from the
8 current revenues of the General Fund [Appropriations] or bond
9 proceeds for Flood Control Projects.
10 The [board] department may sell, lease, or otherwise dispose
11 of all property, real, personal or mixed, acquired under the
12 provisions of this act, not needed by the Commonwealth for
13 reservoir or flood control purposes, subject to the approval of
14 the Governor. The moneys received through such sale, lease or
15 other disposition shall accrue to the General Fund.
16 Every contract for the construction, reconstruction,
17 alteration, repair, improvement or maintenance of [public] flood
18 control works and improvements shall comply with the provisions
19 of the act of March 3, 1978 (P.L.6, No.3), known as the "Steel
20 Products Procurement Act."
21 Section 11. Section 11 of the act, amended June 18, 1968
22 (P.L.217, No.103), is amended to read:
23 Section 11. Power of Eminent Domain.--The [board] department
24 shall have power to acquire any property, easements, [rights of
25 way, and water course] rights-of-way, and watercourses deemed
26 necessary for the construction of any of its [public works or
27 improvements] structural flood protection measures provided for
28 in this act by the right of eminent domain, and shall have power
29 to enter upon, injure or destroy any such property deemed
30 necessary for such purposes. The proceedings for the
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1 condemnation of property and for the assessment of damages for
2 property taken, injured or destroyed shall be in accordance with
3 [the act, approved the fifteenth day of July, one thousand nine
4 hundred and nineteen (Pamphlet Laws, nine hundred seventy-six),
5 entitled "An act to authorize the Board of Commissioners of
6 Public Grounds and Buildings to acquire property for the
7 Commonwealth by proceedings in eminent domain, where the
8 purchase of such property has either been authorized by law or
9 determined by the Board of Commissioners of Public Grounds and
10 Buildings under existing laws, and an appropriation made
11 therefor," and its amendments and supplements,] section 2401.1
12 of the act of April 9, 1929 (P.L.177, No.175), known as "The
13 Administrative Code of 1929," except that the [board] department
14 may take possession of the property upon tendering the value of
15 the property taken as determined by the [board's] department's
16 appraisers: Provided, That any property owner, who believes the
17 amount tendered insufficient to fully compensate him, may accept
18 the same under protest and without prejudice to his right to
19 apply for the appointment of a Board of View to assess the
20 damages claimed: And provided further, That if the award of the
21 Board of View is not greater than the amount previously tendered
22 and accepted, then all costs of the proceeding shall be imposed
23 on such claimant. If the award is greater than the amount
24 tendered and paid by the [board] department, the claimant shall
25 be entitled to costs, and the [board] department shall pay, in
26 addition thereto, the difference between the amount awarded and
27 tendered. Nothing herein contained, however, shall deprive
28 either the [board] department or the claimant from appealing
29 from or filing exceptions to the report of the Board of View,
30 but upon trial of any appeal, if the party appealing does not
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1 obtain a verdict more favorable than was the report of the Board
2 of View, he shall not recover costs.
3 The [board] department shall have like powers of eminent
4 domain as hereinbefore granted in this section and in accordance
5 with the same procedure provided by this section, to acquire
6 property, easements, [rights of way, and water courses] rights-
7 of-way, and watercourses deemed necessary by the [board]
8 department to enable the Federal Government, or any of its
9 agencies or instrumentalities, to erect and construct suitable
10 [public] flood control works and improvements in this
11 Commonwealth, in the construction [and], erection, and
12 acquisition of which the [board] department has been authorized
13 by this act to aid, assist, and cooperate.
14 The [board] department shall have the power to authorize the
15 Federal Government, or any of its instrumentalities or agencies,
16 to acquire outside the Commonwealth such property, easements,
17 [rights of way, and water courses] rights-of-way, and
18 watercourses as are deemed necessary for the construction of any
19 [public works or] flood control works and improvements provided
20 for in this act, and to order the payment therefor out of the
21 current revenues of the General Fund [Appropriations] or bond
22 proceeds for Flood Control Projects to the Federal Government,
23 or its instrumentality or agency, not, however, exceeding the
24 unencumbered amounts of money available in the appropriations.
25 The [board] department shall not agree to pay any tax on or
26 rental for any such property, easements, [rights of way or water
27 courses] rights-of-way or watercourses, nor shall the
28 Commonwealth be liable therefor without the consent of the
29 General Assembly.
30 In any case, where property necessary to be taken by eminent
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1 domain is owned by any person or municipality owning other
2 property which will be benefited by the flood control
3 [improvement] works and improvements, the [board] department
4 shall have power to require the Board of View, appointed to
5 assess damages against the property taken, to also assess
6 benefits against the parts of the same property not taken, and
7 such other property owned by the claimant benefited, to an
8 amount not exceeding the damages claimed by the owner, and to
9 set off the same against any damages which may be awarded for
10 the property, or part thereof, taken.
11 In such case, the fact that the property claimed to be
12 benefited was at any time previously damaged by a flood shall be
13 conclusive evidence of the fact that benefits have accrued.
14 Section 12. Section 12 of the act is amended to read:
15 Section 12. United States Not to Be Liable; Federal Rules
16 and Regulations.--All lands, rights in lands, [rights of way,
17 and water courses] rights-of-way, and watercourses acquired
18 under the authority of this act for State or Federal flood
19 control works and improvements, shall be acquired without cost
20 to the United States, and no moneys made available for flood
21 control works and improvements in this Commonwealth, by the
22 United States, shall be used for such purposes unless in either
23 event the Government of the United States, or any of its
24 agencies or instrumentalities, shall first consent thereto, nor
25 shall the Government of the United States be deemed liable for
26 any damages, by reason of its contribution, arising in
27 connection with the construction of any State or Federal [public
28 works or] flood control works and improvements. The Commonwealth
29 hereby agrees that after such State [public] flood control works
30 and improvements are constructed where the Federal Government
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1 has contributed, the same will be operated and maintained in
2 accordance with all rules and regulations prescribed by the
3 [Secretary of War] Government of the United States, or its
4 agencies or instrumentalities, subject to all the limitations
5 imposed by this act. Agencies of the Commonwealth of
6 Pennsylvania, acting for and in the name of the Commonwealth,
7 are authorized to agree to hold and save the Government of the
8 United States or its agencies free from all damages arising from
9 implementation, operation, maintenance, repair, replacement, and
10 rehabilitation of flood control works and improvements projects,
11 and any project-related betterments, involving cooperative
12 agreements between the Commonwealth and the Government of the
13 United States or its agencies, except for damages due to the
14 fault or negligence of the Government of the United States or
15 its agencies or its contractors. The Commonwealth hereby
16 specifically waives sovereign immunity with respect to the
17 foregoing.
18 Section 13. Section 13 of the act, amended April 20, 1956
19 (1955 P.L.1490, No.494), is amended to read:
20 Section 13. Contracts and Agreements With Municipalities and
21 Persons.--The [board] department shall have power to enter into
22 contracts and other agreements with municipalities, persons and
23 authorities created under any act of Assembly for cooperation
24 and assistance in constructing, financing, maintaining, using,
25 and operating any State or Federal [public] flood control works
26 [or] and improvements, and to enter into and execute such
27 contracts and agreements as may be necessary and convenient to
28 the exercise of the powers, rights, privileges, and functions
29 conferred by this act.
30 Section 14. Section 14 of the act, amended June 18, 1968
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1 (P.L.217, No.103), is amended to read:
2 Section 14. Relocation, Abandonment and Vacation of Roads,
3 Streets, and Bridges.--The Department of [Highways]
4 Transportation and municipalities may enter into agreements with
5 the [board] department, or Federal agencies with the approval of
6 the [board] department, to relocate roads, streets, bridges, and
7 viaducts necessitated by the construction of any State or
8 Federal flood control works and improvements; and may agree
9 therein to construct new roads, streets, bridges, and viaducts,
10 and pay the cost of the same, or any part thereof, from the
11 Motor License Fund or municipal moneys without any charge or
12 only part of the cost charged against the moneys in the [General
13 Fund Appropriations] current revenues of the General Fund or
14 bond proceeds for Flood Control Projects. The [board] department
15 may consent in any such agreement to pay the whole or any part
16 of the cost of constructing such relocated roads, streets,
17 bridges, and viaducts from the moneys in the [General
18 Appropriations] current revenues of the General Fund or bond
19 proceeds for Flood Control Projects. Such relocated roads,
20 streets, bridges, and viaducts may be constructed by the
21 Department of [Highways] Transportation or by contract let by
22 [said department] the Department of Transportation, or the
23 municipality or by the [board] department or by a Federal agency
24 as may be agreed upon. Relocation of State highways shall be
25 made by plans properly approved as is required by law for the
26 relocation of State highway routes, and may be made without
27 regard to terminal or intermediate points mentioned in the law
28 establishing such routes. The portions of State highway routes
29 supplied by such relocations may be abandoned by the Secretary
30 of [Highways] Transportation in the manner provided by law,
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1 whereupon said abandoned portions of State highway routes shall
2 revert to the authorities responsible for the maintenance of the
3 public road or highway prior to its having been established as a
4 State highway. Where any State highway route, or part thereof,
5 shall become inundated by the waters of any flood control
6 reservoir, or shall become unnecessary for public use and
7 travel, or burdensome or dangerous due to the construction of
8 any flood control reservoir, the Secretary of [Highways]
9 Transportation, with the approval of the Governor, may abandon
10 as a State highway such State highway route, or part thereof.
11 The Secretary of [Highways] Transportation may also at any time,
12 by and with the consent of the local authorities, by written
13 order declare the portion or portions of road or roads so
14 abandoned to be vacated and closed to public use and travel and
15 no longer a public road, without limitation because of the
16 length of the road to be vacated.
17 Section 15. Sections 15 and 16 of the act are amended to
18 read:
19 Section 15. Acceptance of Completed Federal Flood Control
20 Works and Improvements.--The [board] department shall have power
21 to accept on behalf of the Commonwealth all Federal flood
22 control works and improvements after the same have been
23 completed, and to agree with the Federal Government to maintain
24 and operate such flood control works and improvements for the
25 primary purpose of flood control.
26 Section 16. Water Power and Supply.--The rights of
27 landowners, municipalities, and persons to the waters [in a
28 flood control district, or in waters] affected by any State or
29 Federal flood control works [or] and improvements for domestic
30 use, water supply, industrial purposes, water power or for any
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1 other lawful purposes shall extend only to such rights as are
2 owned or possessed by them prior to the adoption of the official
3 plans of such flood control works and improvements, and to such
4 use as could be made of such waters if the [public improvements
5 and works] flood control works and improvements herein
6 authorized had not been made. Whenever such [public improvements
7 and works] flood control works and improvements make possible a
8 greater, better or more convenient use of, or benefit from the
9 waters in a flood control [district] works and improvements
10 project, the right of such greater, better or more convenient
11 use of or benefit from such waters shall be the property of the
12 Commonwealth, saving the rights of the Federal Government as to
13 navigation. Such rights may be leased, sold or assigned only as
14 the Legislature may hereafter provide, but at all times the
15 primary purpose of flood control shall be preserved. All lands
16 or property, or both, through or over which or bounding which
17 are streams, the beds of which streams are the property of the
18 owners of said lands, shall not be deprived of such reasonable
19 flow of water, as shall be determined and fixed by the [board]
20 department as necessary for the maintenance of fish and aquatic
21 life, and for domestic and industrial use and consumption.
22 Section 16. Section 17 of the act, amended June 18, 1968
23 (P.L.217, No.103), is amended to read:
24 Section 17. Source of Finances.--The cost and expenses of
25 making the surveys hereinbefore provided, the preparation of
26 official plans, all advertising, and all other necessary and
27 incidental costs and expenses, [including the expenses of the
28 members of the board,] salaries, and expenses of engineers,
29 experts, clerks, assistants, and other employes, all court and
30 viewers' costs assessed against the Commonwealth, and all other
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1 proper and necessary operating expenses deemed necessary by the
2 [board] department to carry into effect the provisions of this
3 act, shall be paid from General Fund General Government
4 Operations Appropriations of the [Department of Forests and
5 Waters] department or Capital Budget authorizations for specific
6 flood control works and improvements projects made by the
7 General Assembly as augmented by reimbursements received for the
8 cost of making surveys and preparing plans for the [General
9 State Authority] Department of General Services or other State
10 instrumentalities or agencies of the Commonwealth. The erection
11 and construction of [public] flood control works and
12 improvements and of all other work of any kind and character
13 authorized by this act and the acquisition of any and all
14 property in connection therewith shall be paid from the [General
15 Fund Appropriations] current revenues of the General Fund or
16 bond proceeds for Flood Control Projects as augmented by Federal
17 moneys available or made available to this Commonwealth as
18 grants, contributions, gratuities, and loans for flood control
19 works and improvements, gifts and donations received from
20 persons, appropriations and contributions made to the [board]
21 department by municipalities, and contributions by other states
22 and their political subdivisions. All moneys so made available
23 shall likewise be available for expenditure by the [board]
24 department to aid and assist in the erection and construction of
25 Federal [public] flood control works and improvements beneficial
26 to the people of this Commonwealth of the type which may be
27 constructed under the provisions of this act, after such Federal
28 flood control works and improvements have been incorporated into
29 and made a part of an [official State plan] officially accepted
30 plan by the department and the municipal project sponsor as
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1 provided in this act.
2 Section 17. Section 18 of the act is amended to read:
3 Section 18. Increase of Municipal Debt; Appropriations.--Any
4 municipality may incur or increase its indebtedness, in the
5 manner provided by law, for the purpose of appropriating moneys
6 to the [board] department, to assist in carrying out the purpose
7 of this act, and may make appropriations from current funds for
8 such purpose.
9 Section 18. Sections 19 and 20 of the act, amended June 18,
10 1968 (P.L.217, No.103), are amended to read:
11 Section 19. Separate Accounts for [Flood Control
12 Districts.--Where more than one flood control district is
13 created, separate] Individual Flood Control Works and
14 Improvements Projects.--Separate accounts shall be kept for each
15 [district] flood control works and improvements project, and
16 payments from the [General Fund Appropriations] current revenues
17 of the General Fund or bond proceeds for Flood Control Projects
18 for or on account of any one [district] flood control works and
19 improvements project shall not exceed the amount credited to
20 such [district] flood control works and improvements project in
21 said appropriations.
22 Section 20. Cooperation with Other States.--The [Water and
23 Power Resources Board] department is hereby designated as the
24 agency of the Commonwealth with power to enter into reciprocal
25 compacts and agreements with other states in developing flood
26 control [projects and] works and improvements, and shall have
27 authority to expend moneys made available and appropriated by
28 the General Assembly for interstate flood control works and
29 improvements, located within or without this Commonwealth, on
30 rivers and streams entering into or flowing out of or along the
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1 borders of this Commonwealth, and to receive, as augmentations
2 to the [General Fund Appropriations] current revenues of the
3 General Fund or bond proceeds for Flood Control Projects from
4 other states and their political subdivisions, any moneys to aid
5 and assist in the construction of flood control works and
6 improvements located in this State which are deemed beneficial
7 to the inhabitants of other states. Payments on account of such
8 interstate flood control works and improvements may be made by
9 the [board] department direct to the contractor or to the agency
10 of such other state which let the contract or is performing the
11 work of constructing such [works or] flood control works and
12 improvements, or to the Federal Government, or any of its
13 instrumentalities or agencies supervising the construction of
14 such [works or] flood control works and improvements.
15 The [board] department is further authorized to empower the
16 Federal Government, or any of its instrumentalities or agencies,
17 to supervise the construction of such interstate flood control
18 works and improvements.
19 Section 19. This act shall take effect immediately.
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