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PENNSYLVANIA STATUTES
TITLE 71. STATE GOVERNMENT
I. THE ADMINISTRATIVE CODES AND RELATED PROVISIONS
CHAPTER 6. PROVISIONS SIMILAR OR CLOSELY RELATED TO PROVISIONS OF THE ADMINISTRATIVE CODE
SECRETARY AND DEPARTMENT OF FORESTS AND WATERS
Date:
08/31/2009
Document:
§ 1340.303. Parks
(a) POWERS AND DUTIES ENUMERATED.-- The department shall have the following powers and duties with respect to parks:
(1) To supervise, maintain, improve, regulate, police and preserve all
parks belonging to the Commonwealth.
(2) For the purpose of promoting healthful outdoor recreation and
education and making available for such use natural areas of unusual
scenic beauty, especially such as provide impressive views, waterfalls,
gorges, creeks, caves or other unique and interesting features, to
acquire, in the name of the Commonwealth, by purchase, gift, lease or
condemnation, any lands which in the judgment of the department should
be held, controlled, protected, maintained and utilized as State park
lands. Such lands may be purchased or accepted, subject to the
conditions of any such lease and subject to such reservations, if any,
of mineral rights, rights-of-way or other encumbrances as the
department may deem not inconsistent with such holdings. However, the
amount expended for the acquisition of lands for State park purposes
shall not be more than the amount specifically appropriated for such
purposes.
(3) To see that conveniences and facilities for the transportation,
shelter, comfort and education of people shall be so designed and
constructed as to retain, so far as may be, the naturalistic appearance
of State park areas, surroundings and approaches, and conceal the hand
of man as ordinarily visible in urban, industrial and commercial
activities.
(4) To lease for a period not to exceed ten years, on such terms as may
be considered reasonable, to any person, corporation, association or
organization of this Commonwealth a portion of any State park, whether
owned or leased by the Commonwealth, as may be suitable as a site for
buildings and facilities to be used for health, recreational or
educational purposes, or for parking areas or concessions for the
convenience and comfort of the public. However, the department may,
with the approval of the Governor, if a substantial capital investment
is involved and if it is deemed in the best interests of the
Commonwealth, enter into such leases for a period of not more than 35
years.
(5) To study, counsel and advise in reference to gifts of lands or
money for park purposes.
(6) To counsel and advise in reference to the development of park lands
by concessionaires with facilities and equipment for the accommodation
and education of the public.
(7) To appoint and commission persons to preserve order in the State
parks, which persons shall have all of the following powers:
(i) To make arrests without warrant for all violations of the law
which they may witness and to serve and execute warrants issued by
the proper authorities. However, in cases of offenses for violation
of any of the provisions of 75 Pa.C.S. (relating to vehicles), the
power to make arrests without warrant shall be limited to cases where
the offense is designated a felony or a misdemeanor or in cases
causing or contributing to an accident resulting in injury or death
to any person.
(ii) To have all the powers and prerogatives conferred by law upon
members of the police force of cities of the first class.
(iii) To have all the powers and prerogatives conferred by law upon
constables of this Commonwealth.
(iv) To serve subpoenas issued for any examination, investigation or
trial under any law of this Commonwealth.
(v) When authorized by the secretary or his designee, to exercise all
of the foregoing powers on State forest lands or in other areas
administered by the department.
(8) For the purpose of providing parking facilities and incidental
services within the borders of any State park area situate in the City
of Philadelphia to lease or grant, by and with the written approval of
the Governor, any portion of any such State park area, underground,
aboveground, or both, to the city or to any parking authority now or
hereafter existing in the city, pursuant to the provisions of the act
of June 5, 1947 (P.L. 458, No. 208), known as the Parking Authority
Law, as the same may now or hereafter be amended, if:
(i) the City of Philadelphia or the parking authority agrees that the
lands and interests and privileges therein shall be used by the city
or parking authority, or any lessee or sublessee holding under either
of them, pursuant to any lease or sublease granted by the city or
parking authority as may be permitted by law, to promote the
establishment of parking services and facilities, but portions of the
street level or lower floors of the parking facilities may be leased
for commercial use, including emergency automobile repair service and
the sale by the lessee of any commodity of trade or commerce or any
service except the sale of gasoline or automobile accessories; and
(ii) the department, with the written approval of the Governor,
determines that the lease or grant:
(A) will aid in promoting the public safety, convenience and
welfare of the people of Philadelphia by aiding in the
establishment of adequate parking services for the convenience of
the public and otherwise promoting the public policy of the
Commonwealth in authorization for the creation of parking
authorities; and
(B) will not unduly interfere with the promotion of those public
objects for which the State park area was acquired and for which it
is held.
Any lease or grant shall be upon the terms and conditions of the period
or periods of time the department, with the written approval of the
Governor, may prescribe. The department shall execute and deliver and
is empowered to receive deeds or other legal instruments necessary to
effectuate any lease or grant. All deeds and instruments shall have
the prior approval of the Office of General Counsel and the Office of
Attorney General, and a copy thereof shall be filed with the Department
of Community Affairs.
(9) To make and execute contracts or leases in the name of the
Commonwealth for the mining or removal of any oil or gas that may be
found in a State park whenever it shall appear to the satisfaction of
the department that it would be for the best interests of this
Commonwealth to make such disposition of said oil and gas. Any
proposed contracts or leases of oil and gas more than $ 1,000 in value
shall be advertised once a week for three weeks in at least two
newspapers published nearest the locality indicated in advance of
awarding such contract or lease. Such contracts or leases may then be
awarded to the highest and best bidder who shall give bond for the
proper performance of the contract as the department shall designate.
(10) To grant rights-of-way in and through State parks to municipal
authorities and political subdivisions of this Commonwealth for the
laying of water lines and of lines for the transportation of sewage to
sewage lines or sewage treatment facilities on State park land under
such terms and conditions, including the payment of fees, as the
department may deem proper and when it shall appear that the grant of
such right-of-way will not so adversely affect the land as to interfere
with its usual and orderly administration and that the interests of
this Commonwealth or its citizens will be promoted by such grant.
(11) To issue permits under emergency situations, upon such terms and
subject to such restrictions, fees and regulations as the department
may deem proper, for the utilization of water at a State park and for
constructing, maintaining and operating lines of pipes upon and through
a State park for the purpose of conveying water therefrom, wherever it
shall be in the public interest to do so.
(b) ADMINISTRATION OF CERTAIN STATUTES.-- The department shall hereafter exercise the powers and duties heretofore conferred upon those agencies and officials listed below under the following statutes:
The Snyder-Middleswarth Park Commission and the Department of Forests
and Waters by the act of April 12, 1921 (P.L. 123, No. 73), entitled
"An act providing for the establishment and the regulation of a State
park, to be known as the Snyder-Middleswarth State Park."
The Pennsylvania State Park and Harbor Commission of Erie by the act of
May 27, 1921 (P.L. 1180, No. 436), entitled "An act dedicating certain
lands of the Commonwealth of Pennsylvania, situated in the city and
county of Erie, to public use as an historical memorial and public
State park; aiding in the development of the harbor of Erie; and
creating a commission to manage and control said lands and said harbor
improvements; empowering said commission to purchase or receive by
gift other lands for the purpose of this act; providing for the
appointment of members of said commission, and that the Secretary of
Internal Affairs and the Commissioner of Fisheries shall be ex officio
members thereof; defining the duties and powers of said commission;
excepting rights and privileges in said lands heretofore granted; and
making an appropriation."
The Department of Forests and Waters by the act of April 14, 1927 (P.L.
295, No. 168), entitled "An act providing for the acquisition by the
Department of Forests and Waters, in the name of the Commonwealth, of
certain lands in Jefferson, Forest, and Clarion Counties, Pennsylvania,
belonging to the A. Cook Sons Company, for use as a State Park and
Forest Reservation; making an appropriation for said acquisition;
providing for the management of said property by said department and
defining the uses to which the property shall be put."
The Department of Forests and Waters and the Water and Power Resources
Board by the act of May 2, 1929 (P.L. 1530, No. 456), referred to as
the Pymatuning Swamp Reservoir Project Law.
The Department of Forests and Waters by the act of June 2, 1933 (P.L.
1415, No. 301), entitled "An act dedicating and setting aside certain
lands in Cameron and Clinton Counties as a public park and
pleasure-ground, to be known as "Bucktail State Park"; and imposing
certain powers and duties in connection therewith upon the Department
of Forests and Waters and the Department of Justice of the
Commonwealth."
The Department of Forests and Waters and the Pennsylvania State Park
and Harbor Commission of Erie by the act of July 15, 1935 (P.L. 1002,
No. 320), entitled "An act relating to the Pennsylvania State Park at
Erie, authorizing the Department of Forests and Waters to revoke and
terminate certain revocable grants and to acquire, by purchase or
eminent domain, private property rights or interests in respect to any
lands within said park."
The Department of Forests and Waters by the act of July 1, 1937 (P.L.
2651, No. 516), entitled "An act dedicating and setting aside certain
lands in Lackawanna County as a public park and pleasure-ground; and
imposing certain powers and duties in connection therewith on the
Department of Forests and Waters."
The Secretary of Forests and Waters, the Department of Forests and
Waters and the State Parks Commission by the act of June 21, 1939 (P.L.
621, No. 290), entitled "An act authorizing the Secretary of Forests
and Waters to utilize or transfer to the Department of Highways, canal
properties or parts thereof acquired by the Department of Forests and
Waters, and, in connection with such use, to sell waters from such
canals."
The Secretary of Forests and Waters by the act of June 21, 1939 (P.L.
622, No. 291), entitled "An act authorizing the Secretary of Forests
and Waters, with approval of the Governor, to accept and acquire by
gift, grant or other lawful means certain canal properties."
The Department of Forests and Waters by the act of August 1, 1941 (P.L.
609, No. 257), entitled "An act providing for the acquisition by the
Department of Forests and Waters, in the name of the Commonwealth, of
certain lands in Luzerne, Sullivan and Wyoming Counties for use as a
State Park; making an appropriation for said acquisition; providing
for the management of said property by said department, and defining
the uses to which the property shall be put."
The Department of Forests and Waters by the act of August 12, 1963
(P.L. 658, No. 343), entitled "An act providing for the acquisition by
the Department of Forests and Waters of the Kinzua Bridge and certain
adjoining grounds for a State park, and making an appropriation."
The Department of Forests and Waters by the act of June 22, 1964
(Sp.Sess., P.L. 131, No. 8), known as the Project 70 Land Acquisition
and Borrowing Act.
The Department of Environmental Resources by the act of July 20, 1974
(P.L. 543, No. 187), entitled "An act authorizing the lease of
Independence Mall State Park in the City of Philadelphia, Philadelphia
County, to the Government of the United States of America for use as a
National Park, and further authorizing the conveyance of said State
Park to the United States of America for use as a National Park, and,
with certain reservations, ceding jurisdiction over such lands."
The Department of Environmental Resources by 30 Pa.C.S. § 902 (relating
to enforcement of other laws).
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