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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MAJOR, BAKER, BOBACK, CALTAGIRONE, CLYMER, DAVIDSON, DONATUCCI, EVERETT, FARRY, FLECK, GINGRICH, GOODMAN, M. K. KELLER, MARSHALL, MASSER, MILLARD, MURT, MUSTIO, O'NEILL, PEIFER, PICKETT, READSHAW, CULVER, SONNEY, STURLA, SWANGER AND YOUNGBLOOD, DECEMBER 20, 2011 |
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| REFERRED TO COMMITTEE ON FINANCE, DECEMBER 20, 2011 |
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| AN ACT |
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1 | Amending the act of December 15, 1955 (P.L.865, No.256), |
2 | entitled "An act requiring rents and royalties from oil and |
3 | gas leases of Commonwealth land to be placed in a special |
4 | fund to be used for conservation, recreation, dams, and flood |
5 | control; authorizing the Secretary of Forests and Waters to |
6 | determine the need for and location of such projects and to |
7 | acquire the necessary land," further providing for title of |
8 | act; providing for short title and for definitions; further |
9 | providing for the Oil and Gas Lease Fund and for use of fund; |
10 | and making editorial changes. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. The title of the act of December 15, 1955 |
14 | (P.L.865, No.256), entitled "An act requiring rents and |
15 | royalties from oil and gas leases of Commonwealth land to be |
16 | placed in a special fund to be used for conservation, |
17 | recreation, dams, and flood control; authorizing the Secretary |
18 | of Forests and Waters to determine the need for and location of |
19 | such projects and to acquire the necessary land," is amended to |
20 | read: |
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1 | AN ACT |
2 | An act requiring rents and royalties from oil and gas leases of |
3 | Commonwealth land to be placed in a special fund to be used |
4 | for conservation, recreation, dams, and flood control; |
5 | authorizing the Secretary of [Forests and Waters] |
6 | Conservation and Natural Resources to determine the need for |
7 | and location of such projects and to acquire the necessary |
8 | land. |
9 | Section 2. Section 1 of the act is repealed: |
10 | [Section 1. All rents and royalties from oil and gas leases |
11 | of any land owned by the Commonwealth, except rents and |
12 | royalties received from game and fish lands, shall be placed in |
13 | a special fund to be known as the "Oil and Gas Lease Fund" which |
14 | fund shall be exclusively used for conservation, recreation, |
15 | dams, or flood control or to match any Federal grants which may |
16 | be made for any of the aforementioned purposes.] |
17 | Section 3. The act is amended by adding sections to read: |
18 | Section 1.1. Short title. |
19 | This act shall be known and may be cited as the Oil and Gas |
20 | Lease Fund Act. |
21 | Section 1.2. Definitions. |
22 | The following words and phrases when used in this act shall |
23 | have the meanings given to them in this section unless the |
24 | context clearly indicates otherwise: |
25 | "Department." The Department of Conservation and Natural |
26 | Resources of the Commonwealth. |
27 | "Fund." The Oil and Gas Lease Fund. |
28 | "Secretary." The Secretary of Conservation and Natural |
29 | Resources of the Commonwealth. |
30 | Section 1.3. Oil and Gas Lease Fund. |
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1 | (a) Establishment.--All rents and royalties from oil and gas |
2 | leases of any land owned by the Commonwealth, except rents and |
3 | royalties received from game and fish lands shall be placed in a |
4 | special fund to be known as the Oil and Gas Lease Fund which |
5 | shall be exclusively used for the purposes of conservation, |
6 | recreation, dams or flood control, for matching any Federal |
7 | grants which may be made for any of those purposes or the |
8 | purposes authorized under subsection (b). |
9 | (b) Appropriation.--All the moneys from time to time paid |
10 | into the fund are hereby appropriated on a continuing basis to |
11 | the department to carry out the purposes of this act. |
12 | Section 1.4. Interfund transfer. |
13 | On July 1, 2012, and each July 1 thereafter, an amount equal |
14 | to 5% of the rents and royalties received under section 1.3(a) |
15 | shall be transferred to the Department of Environmental |
16 | Protection for the purpose of designing and constructing |
17 | projects to reduce flooding, to prevent stream bank erosion and |
18 | to restore degraded stream channels through the Small Stream |
19 | Improvement Program. |
20 | Section 4. Sections 2 and 3 of the act are amended to read: |
21 | Section 2. Duties of secretary. |
22 | [It shall be within the discretion of the Secretary of |
23 | Forests and Waters] The secretary shall have the discretion to |
24 | determine the need for and the location of any project |
25 | authorized by this act. The [Secretary of Forests and Waters |
26 | shall have the power to] secretary may acquire in the name of |
27 | the Commonwealth by purchase, condemnation or otherwise such |
28 | lands as may be needed. |
29 | Section 3. Use of fund. |
30 | [All] Except as otherwise provided under section 1.3, the |
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1 | moneys from time to time paid into the ["Oil and Gas Lease Fund" |
2 | are specifically appropriated to the Department of Forests and |
3 | Waters] fund are hereby appropriated on a continuing basis to |
4 | the department to carry out the purposes of this act. |
5 | Section 5. This act shall take effect in 60 days. |
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