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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY ROHRER, BOYD, BROOKS, CLYMER, CREIGHTON, CUTLER, FAIRCHILD, GROVE, HALUSKA, HELM, KAUFFMAN, MOUL, MURT, PICKETT, ROAE, ROCK, STERN, SWANGER, TRUE AND VULAKOVICH, FEBRUARY 26, 2009 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 26, 2009 |
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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 the Oil |
8 | and Gas Lease Fund; and making editorial changes. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. The title of the act of December 15, 1955 (P.L. |
12 | 865, No.256), entitled "An act requiring rents and royalties |
13 | from oil and gas leases of Commonwealth land to be placed in a |
14 | special fund to be used for conservation, recreation, dams, and |
15 | flood control; authorizing the Secretary of Forests and Waters |
16 | to determine the need for and location of such projects and to |
17 | acquire the necessary land," is amended to read: |
18 | AN ACT |
19 | Requiring rents and royalties from oil and gas leases of |
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1 | Commonwealth land to be placed in a special fund to be used |
2 | for conservation, recreation, dams, and flood control; |
3 | authorizing the Secretary of [Forests and Waters] |
4 | Conservation and Natural Resources to determine the need for |
5 | and location of such projects and to acquire the necessary |
6 | land. |
7 | Section 2. The act is amended by adding a section to read: |
8 | Section 1. The following words and phrases when used in this |
9 | act shall have the meanings given to them in this section unless |
10 | the context clearly indicates otherwise: |
11 | "Base royalty." The total amount of rents and royalties from |
12 | oil and gas leases attributed to any parcel of land owned by the |
13 | Commonwealth in fiscal year 2008-2009, except rents and |
14 | royalties from game and fish lands. |
15 | Section 3. Sections 1, 2 and 3 of the act are amended to |
16 | read: |
17 | [Section 1.] |
18 | Section 2. Oil and Gas Lease Fund. |
19 | (a) Base royalty.--All [rents and] base royalties from oil |
20 | and gas leases of any land owned by the Commonwealth, except |
21 | rents and royalties received from game and fish lands, shall be |
22 | placed in a special fund to be known as the "Oil and Gas Lease |
23 | Fund" which fund shall be exclusively used for conservation, |
24 | recreation, dams, or flood control or to match any Federal |
25 | grants which may be made for any of the aforementioned purposes. |
26 | (b) Additional royalty.--Except for rents and royalties from |
27 | game and fish lands, any rent or royalty collected in addition |
28 | to the base royalty shall be distributed annually as follows: |
29 | (1) Eighty percent shall be deposited in the Property |
30 | Tax Relief Fund. |
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1 | (2) Twenty percent shall be deposited in the Oil and Gas |
2 | Lease Fund as provided under subsection (a). |
3 | (c) Game and fish lands.--All rents and royalties from oil |
4 | and gas leases received from game and fish lands shall be |
5 | distributed as provided under 30 Pa.C.S. § 747 (relating to |
6 | proceeds from sales and grants) and 34 Pa.C.S. § 727 (relating |
7 | to proceeds from sales and grants). |
8 | [Section 2.] |
9 | Section 3. Duties of Secretary of Conservation and Natural |
10 | Resources. |
11 | It shall be within the discretion of the Secretary of |
12 | [Forests and Waters] Conservation and Natural Resources to |
13 | determine the need for and the location of any project |
14 | authorized by this act. The Secretary of [Forests and Waters] |
15 | Conservation and Natural Resources shall have the power to |
16 | acquire in the name of the Commonwealth by purchase, |
17 | condemnation or otherwise such lands as may be needed. |
18 | [Section 3. All] |
19 | Section 4. Use of fund. |
20 | Except as otherwise provided under section 2(b) and (c), the |
21 | moneys from time to time paid into the "Oil and Gas Lease Fund" |
22 | are specifically appropriated to the Department of [Forests and |
23 | Waters] Conservation and Natural Resources to carry out the |
24 | purposes of this act. |
25 | Section 4. This act shall take effect in 60 days. |
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