THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

REFERRED TO COMMITTEE ON FINANCE, DECEMBER 20, 2011  

AN ACT

Amending the act of December 15, 1955 (P.L.865, No.256),

entitled "An act requiring rents and royalties from oil and

gas leases of Commonwealth land to be placed in a special

fund to be used for conservation, recreation, dams, and flood

control; authorizing the Secretary of Forests and Waters to

determine the need for and location of such projects and to

acquire the necessary land," further providing for title of

act; providing for short title and for definitions; further

providing for the Oil and Gas Lease Fund and for use of fund;

and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title of the act of December 15, 1955

(P.L.865, No.256), entitled "An act requiring rents and

royalties from oil and gas leases of Commonwealth land to be

placed in a special fund to be used for conservation,

recreation, dams, and flood control; authorizing the Secretary

of Forests and Waters to determine the need for and location of

such projects and to acquire the necessary land," is amended to

read:

AN ACT

An act requiring rents and royalties from oil and gas leases of

Commonwealth land to be placed in a special fund to be used

for conservation, recreation, dams, and flood control;

authorizing the Secretary of [Forests and Waters]

Conservation and Natural Resources to determine the need for

and location of such projects and to acquire the necessary

land.

Section 2.  Section 1 of the act is repealed:

[Section 1.  All rents and royalties from oil and gas leases

of any land owned by the Commonwealth, except rents and

royalties received from game and fish lands, shall be placed in

a special fund to be known as the "Oil and Gas Lease Fund" which

fund shall be exclusively used for conservation, recreation,

dams, or flood control or to match any Federal grants which may

be made for any of the aforementioned purposes.]

Section 3.  The act is amended by adding sections to read:

Section 1.1.  Short title.

This act shall be known and may be cited as the Oil and Gas

Lease Fund Act.

Section 1.2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department."  The Department of Conservation and Natural

Resources of the Commonwealth.

"Fund."  The Oil and Gas Lease Fund.

"Secretary."  The Secretary of Conservation and Natural

Resources of the Commonwealth.

Section 1.3.  Oil and Gas Lease Fund.

(a)  Establishment.--All rents and royalties from oil and gas

leases of any land owned by the Commonwealth, except rents and

royalties received from game and fish lands shall be placed in a

special fund to be known as the Oil and Gas Lease Fund which

shall be exclusively used for the purposes of conservation,

recreation, dams or flood control, for matching any Federal

grants which may be made for any of those purposes or the

purposes authorized under subsection (b).

(b)  Appropriation.--All the moneys from time to time paid

into the fund are hereby appropriated on a continuing basis to

the department to carry out the purposes of this act.

Section 1.4.  Interfund transfer.

On July 1, 2012, and each July 1 thereafter, an amount equal

to 5% of the rents and royalties received under section 1.3(a)

shall be transferred to the Department of Environmental

Protection for the purpose of designing and constructing

projects to reduce flooding, to prevent stream bank erosion and

to restore degraded stream channels through the Small Stream

Improvement Program.

Section 4.  Sections 2 and 3 of the act are amended to read:

Section 2.  Duties of secretary.

[It shall be within the discretion of the Secretary of

Forests and Waters] The secretary shall have the discretion to

determine the need for and the location of any project

authorized by this act. The [Secretary of Forests and Waters

shall have the power to] secretary may acquire in the name of

the Commonwealth by purchase, condemnation or otherwise such

lands as may be needed.

Section 3.  Use of fund.

[All] Except as otherwise provided under section 1.3, the

moneys from time to time paid into the ["Oil and Gas Lease Fund"

are specifically appropriated to the Department of Forests and

Waters] fund are hereby appropriated on a continuing basis to

the department to carry out the purposes of this act.

Section 5.  This act shall take effect in 60 days.