PRINTER'S NO. 376
No. 330 Session of 2003
INTRODUCED BY GEORGE, HERSHEY, McCALL, HANNA, COY, SURRA, BELFANTI, CAPPELLI, CRUZ, DeWEESE, FORCIER, GRUCELA, HALUSKA, HARHAI, HERMAN, HORSEY, HUTCHINSON, LAUGHLIN, MANN, McILHATTAN, NAILOR, PETRARCA, PHILLIPS, PISTELLA, PRESTON, READSHAW, ROBERTS, SAINATO, SATHER, SHANER, SOLOBAY, STABACK, THOMAS, TIGUE, WALKO, WANSACZ AND WOJNAROSKI, FEBRUARY 18, 2003
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 18, 2003
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, providing for the acquisition and cleanup of 3 abandoned mine lands for use as all-terrain vehicle trails; 4 and making an appropriation. 5 The General Assembly finds and declares as follows: 6 (1) The number of all-terrain vehicle owners in this 7 Commonwealth has been on the rise for the past several years. 8 In addition, all-terrain vehicle users annually pay hundreds 9 of thousands of dollars in registration fees and sales and 10 use taxes in this Commonwealth for the purchase and use of 11 their vehicles. 12 (2) Over 250,000 acres of abandoned mine lands blight 13 the landscape of our great Commonwealth. These lands lie 14 useless and wasted, awaiting funds or an opportunity to 15 return them to a productive use. 16 (3) The conversion of abandoned mine lands into all-
1 terrain vehicle recreational trails will enable abandoned 2 mine lands to serve a productive use, increasing recreational 3 opportunities for the rising number of all-terrain vehicle 4 users in this Commonwealth. 5 (4) Since many of the abandoned mines are located in 6 municipalities economically hard hit by the decline in coal 7 and other heavy industries, this new use of these lands will 8 bring needed tourism and income to these local economies. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Section 7702 of Title 75 of the Pennsylvania 12 Consolidated Statutes is amended by adding definitions to read: 13 § 7702. Definitions. 14 The following words and phrases when used in this chapter 15 shall have, unless the context clearly indicates otherwise, the 16 meanings given to them in this section: 17 "Abandoned mine lands." Land adversely affected by mineral 18 extraction and left or abandoned in an unreclaimed or 19 inadequately reclaimed condition. 20 * * * 21 "ATV recreational trail." Any improved or unimproved path or 22 road established by the Department of Conservation and Natural 23 Resources for the express purposes of recreational use for all- 24 terrain vehicles. 25 * * * 26 Section 2. Section 7706 of Title 75 is amended to read: 27 § 7706. Restricted account. 28 (a) Deposit and use of moneys.-- 29 (1) The department shall deposit the following into a 30 restricted account, which is hereby established: 20030H0330B0376 - 2 -
1 (i) all moneys received from the registration of and 2 issuance of certificates of title for snowmobiles and 3 ATV's; 4 (ii) all revenue from the sale of any publications 5 or services relating to snowmobiles and ATV's; and 6 (iii) all fines, penalties, fees and costs assessed 7 and collected as a result of enforcement activities 8 conducted by the department's law enforcement personnel 9 under this chapter. 10 (2) The department shall draw moneys from the restricted 11 account for use in performing any activities necessary to 12 carry out the purposes of this chapter, including 13 registration and certificate of title activities, training, 14 education, enforcement activities, construction and 15 maintenance of snowmobile and ATV trails and acquisition of 16 equipment, supplies and interests in land. All moneys 17 deposited in this account shall remain in it to be used as 18 specified in this section. 19 (3) The provisions of 42 Pa.C.S. § 3573(b)(2) (relating 20 to municipal corporation portion of fines, etc.) 21 notwithstanding, when prosecution under this chapter is the 22 result of local police action, all fines, penalties, fees and 23 costs assessed as a result of such prosecution shall be 24 payable to the municipal corporation under which the local 25 police are organized. 26 (4) A majority of the funds in the restricted account 27 shall be used for the development of ATV and snowmobile 28 trails. 29 (b) Grant-in-aid.--The department shall, upon written 30 application and subsequent approval, grant money from the 20030H0330B0376 - 3 -
1 restricted account: 2 (1) To municipalities and profit and nonprofit 3 organizations in connection with snowmobile and ATV use on 4 lands not owned by the Commonwealth for the following: 5 (i) Plans, specifications and engineering surveys. 6 (ii) Fees and costs related to the preparation or 7 performance of right-of-way lease agreements. 8 (iii) Land acquisition. 9 (iv) Construction, maintenance and rehabilitation of 10 trails and other facilities for snowmobiles and ATV's. 11 (2) To municipalities and profit and nonprofit 12 organizations for equipment, training and education 13 activities relating to snowmobile and ATV use. 14 (3) To profit and nonprofit organizations for the 15 maintenance and rehabilitation, but not the construction, of 16 snowmobile and ATV trails on land owned by the Commonwealth. 17 (b.1) Abandoned mine lands to ATV recreational trails 18 program.-- 19 (1) The department in cooperation with the Department of 20 Environmental Protection shall establish a program to acquire 21 and clean up abandoned mine lands in this Commonwealth and 22 lease these lands to local nonprofit, for-profit or local 23 governmental bodies for the development of ATV recreational 24 trails. 25 (2) On an annual basis the department shall solicit 26 proposals to convert abandoned mine lands into ATV 27 recreational trails and evaluate them for suitability for use 28 as ATV recreational trails. Sites must be within 25 miles of 29 an interstate highway. The department shall consider at a 30 minimum the following factors in the evaluation and selection 20030H0330B0376 - 4 -
1 of these sites: 2 (i) Suitability for use as an ATV recreational 3 trail. 4 (ii) Extent of environmental cleanup necessary. 5 (iii) Availability of local nonprofit, for-profit or 6 local governmental bodies interested in leasing and 7 maintaining ATV recreational trails. 8 (iv) Available funding sources for cleanup in 9 addition to restricted account funds. 10 (3) The department shall select at least one site each 11 fiscal year to convert to an ATV recreational trail. The 12 department is authorized to enter into negotiations with the 13 owner to obtain the property. The purchase price of the 14 property shall be no more than the reasonably appraised value 15 of the property in its current condition and shall not 16 include any value projected resulting from remediation or 17 cleanup to be conducted by the department or local nonprofit, 18 for-profit or local governmental bodies. The department may 19 negotiate for the coal or mineral subsurface rights to the 20 land. 21 (4) The department and the Department of Environmental 22 Protection are authorized to use funds outside of the 23 restricted account to pay for the remediation, cleanup and 24 conversion of the site or sites chosen by the department 25 which include, but are not limited to, postclosure mining 26 bonds where authorized by law and funds from other Federal, 27 State and local government programs, along with funds from 28 for-profit and nonprofit organizations. 29 (5) The department is responsible for leasing the 30 selected sites to local nonprofit, for-profit or local 20030H0330B0376 - 5 -
1 governmental bodies for the development of ATV recreational 2 trails. 3 (c) Audit of moneys.--The restricted account shall be 4 audited every two years. Copies of the audit shall be provided 5 to the Snowmobile and ATV Advisory Committee. 6 Section 3. (a) The sum of $1,000,000 is hereby appropriated 7 to the Department of Conservation and Natural Resources 8 restricted account under 75 Pa.C.S. § 7706 (relating to 9 restricted account) for the fiscal year July 1, 2003, to June 10 30, 2004, for the purpose of the purchase of abandoned mine 11 lands and their conversion into ATV recreational trails. 12 (b) The appropriation under subsection (a) shall be a 13 continuing appropriation and shall not lapse. 14 Section 4. This act shall take effect immediately. B10L75JS/20030H0330B0376 - 6 -