PRINTER'S NO. 128
No. 144 Session of 1999
INTRODUCED BY GODSHALL, LUCYK, BAKER, ARGALL, BARD, BUNT,
M. COHEN, FEESE, FORCIER, GEIST, GORDNER, HALUSKA, HARHAI,
HASAY, HERMAN, KENNEY, LEDERER, McCALL, MICHLOVIC, MICOZZIE,
PESCI, RAMOS, ROBINSON, ROSS, RUBLEY, SAINATO, STABACK,
STEELMAN, SURRA, E. Z. TAYLOR, J. TAYLOR, TRELLO, WALKO,
WILT, WOJNAROSKI, YOUNGBLOOD AND ZUG, JANUARY 26, 1999
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
JANUARY 26, 1999
AN ACT
1 Establishing the Recreational Trails Advisory Board; providing
2 for funding for motorized and nonmotorized recreational
3 trails; providing for powers and duties of the Department of
4 Conservation and Natural Resources; establishing a fund; and
5 providing for the disposition of certain tax revenues.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Recreational
10 Trails Funding Act.
11 Section 2. Legislative Purpose.
12 Recreational trails are an important Commonwealth resource.
13 The purpose of this act is to provide for established and
14 continuous funding for these trails, and to create a Board to
15 advise the Department of Conservation and Natural Resources on
16 matters related to recreational trails funding and policy.
17 Section 3. Definitions.
1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Board." The Recreational Trails Advisory Board created
5 under section 4.
6 "Department." The Department of Conservation and Natural
7 Resources of the Commonwealth.
8 "Fund." The Recreational Trails Trust Fund established under
9 section 8.
10 "Motorized recreation." The term does not include motorized
11 conveyances used by persons with disabilities, such as self-
12 propelled wheelchairs.
13 "Nonhighway recreational fuel." Any fuel consumed by off-
14 highway recreational vehicles and off-road four-wheel drive
15 vehicles.
16 "Nonhighway recreational fuel taxes." Taxes imposed on fuel
17 used in recreational vehicles, including vehicles registered for
18 highway use when used on recreational trails and trail access
19 roads, on recreational trails or backcountry terrain.
20 "Recreational trail." A thoroughfare or track across land,
21 water or snow used for recreational purposes such as bicycling,
22 cross-country skiing, day hiking, equestrian activities, jogging
23 or similar fitness activities, trail biking, overnight and long-
24 distance backpacking, snowmobiling, aquatic or water activity
25 and for vehicular travel by motorcycle, four-wheel drive or all-
26 terrain, off-road vehicles.
27 "Secretary." The Secretary of Conservation and Natural
28 Resources of the Commonwealth.
29 Section 4. Recreational Trails Advisory Board.
30 (a) Board established.--The Recreational Trails Advisory
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1 Board is hereby established.
2 (b) Membership.--The board shall be composed of the
3 following ten members:
4 (1) Eight members appointed by the secretary from
5 nominations submitted by recreational trail user
6 organizations, representing the following recreational trail
7 uses:
8 (i) Hiking.
9 (ii) Cross-country skiing.
10 (iii) Off-highway motorcycling.
11 (iv) Snowmobiling.
12 (v) Horseback riding.
13 (vi) All-terrain vehicle riding.
14 (vii) Bicycling.
15 (viii) Four-wheel drive vehicle riding.
16 (2) One member appointed by the secretary from
17 nominations submitted by water trail user organizations.
18 (3) One member appointed by the secretary from
19 nominations submitted by organizations representing the
20 physically challenged.
21 (c) Presiding officer.--The presiding officer of the board
22 shall be elected by the members representing recreational trail
23 user organizations set forth in subsection (b).
24 (d) Board action.--Any action, recommendation or policy of
25 the board must be supported by at least five members
26 representing recreational trail user organizations set forth in
27 subsection (b).
28 (e) Terms.--Members of the board shall serve for terms of
29 three years, except that of the members initially appointed,
30 five shall be appointed for a term of two years.
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1 (f) Duties.--The board shall meet at least quarterly to:
2 (1) review utilization of allocated moneys;
3 (2) establish and review criteria for trailside and
4 trailhead facilities that qualify for funding under this act;
5 and
6 (3) make recommendations to the secretary for changes in
7 policy to advance the purposes of this act.
8 (g) Annual report.--The board shall present to the
9 secretary, the Secretary of the Senate and the Chief Clerk of
10 the House of Representatives an annual report on its activities.
11 (h) Reimbursement of expenses.--Nongovernmental members of
12 the board shall serve without pay, but to the extent funds are
13 available, shall be entitled to reimbursement for travel,
14 subsistence and other necessary expenses incurred in the
15 performance of their duties.
16 Section 5. Duties of department.
17 The department shall biennially calculate the amount of
18 liquid fuel consumed and taxes paid by off-highway recreational
19 vehicles within this Commonwealth. Current figures previously
20 calculated by the department may be used for the first two
21 years. For the following years, the department shall calculate
22 the percentage of off-highway recreational vehicle gallons to
23 the total gallons used, which percentage should thereafter be
24 used to calculate the amount of moneys for the fund each
25 succeeding year.
26 Section 6. Allocation of funds.
27 (a) Permissible uses by the department.--The department may
28 use moneys received under this act for the following purposes:
29 (1) To pay administrative costs incurred by the
30 department for processing applications for grants made under
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1 section 6, but not more than 7% of the moneys received shall
2 be expended for administrative costs.
3 (2) To conduct safety education programs relating to the
4 use of off-highway recreational vehicles, but not more than
5 5% of the moneys received by the department shall be expended
6 to conduct these programs.
7 (3) To conduct surveys of nonhighway recreational fuel
8 consumption in this Commonwealth for use in making
9 determinations and estimations under this act.
10 (b) Unexpended funds.--If any funds remain unexpended under
11 subsection (a), the board may use the funds to conduct research
12 on methods to accommodate multiple trail uses and to increase
13 the compatibility of those uses and for dissemination of
14 information regarding the provisions of this act.
15 Section 7. Grants.
16 (a) General.--The department shall make grants to further
17 the purposes of this act to private individuals, organizations,
18 including nonprofit organizations, city and county governments
19 and other government entities after considering recommendations
20 made by the board.
21 (b) Application criteria.--Priority shall be given to trail
22 projects that meet the following criteria:
23 (1) Development of urban trail linkages near homes and
24 workplaces.
25 (2) Maintenance of existing recreational trails,
26 including the grooming and maintenance of trails across snow.
27 (3) Restoration of areas damaged by usage of
28 recreational trails and backcountry terrain.
29 (4) Development of trailside and trailhead facilities
30 that meet goals identified by the board.
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1 (5) Provision of features which facilitate the access
2 and use of trails by persons with disabilities.
3 (6) Fee simple acquisition and acquisition of easements
4 should be consistent with the purposes of this act.
5 (7) Acquisition of fee simple title to property from a
6 willing seller, when the objective of the acquisition cannot
7 be accomplished by acquisition of an easement or by other
8 means.
9 (8) Construction of new trails on public or private
10 lands, where a recreational need for the construction is
11 shown.
12 (9) Construction of trails which provide for diversified
13 trail use.
14 (c) Compliance.--The department, in consultation with the
15 board, shall establish measures to verify that recipients comply
16 with specified conditions for the use of grant moneys.
17 (d) Uses not permitted.--The department shall not use moneys
18 received under this act for condemnation of any kind of interest
19 in property.
20 (e) Assured access to funds.--Not less than 30% of the
21 moneys received annually by the department under this act shall
22 be reserved for uses relating to motorized recreation, and not
23 less than 30% of those moneys shall be reserved for uses
24 relating to nonmotorized recreation.
25 (f) Cooperation by private persons.--
26 (1) As a condition of making available moneys for work
27 on recreational trails that would affect privately owned
28 land, the department shall obtain written assurances that the
29 owner of the property will cooperate with the department and
30 participate as necessary in the activities to be conducted.
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1 (2) Any use of allocated moneys on private lands must be
2 accompanied by an easement or other legally binding agreement
3 that ensures public access to recreational trail improvements
4 funded under this act.
5 Section 8. Recreational Trails Trust Fund.
6 (a) Establishment.--There is hereby established a special
7 restricted receipts nonlapsing fund in the State Treasury to be
8 known as the Recreational Trails Trust Fund.
9 (b) Source of funds.--The full amount of the revenue
10 generated by the tax imposed on nonhighway recreational fuel
11 used in off-highway recreational vehicles within this
12 Commonwealth shall be refunded and appropriated annually to the
13 Recreational Trails Trust Fund.
14 Section 9. Repeals.
15 All acts and parts of acts are repealed insofar as they are
16 inconsistent with this act.
17 Section 10. Effective date.
18 This act shall take effect immediately.
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