Document Citation: 71 P.S. § 1340.302

Header:

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:

§ 1340.302. Forests


(a) ACQUISITION, ESTABLISHMENT AND DISPOSITION.-- The department has the following powers and duties with respect to the acquisition, establishment and disposition of State forest lands and certain other Commonwealth-owned resources:

(1) To acquire, in the name of the Commonwealth, by purchase, gift,
lease or condemnation and hold as State forests, subject to the
conditions of any lease and subject to reservations, if any, of mineral
rights, stumpage rights, rights-of-way or other encumbrances as the
department considers consistent with such holding, any lands, including
tax-delinquent lands, which in the judgment of the department the
Commonwealth should hold, manage, control, protect, maintain, utilize
and regulate as State forests or for reforestation, for adding to and
extending the existing State forests, for the purpose of lessening soil
erosion and silting up of reservoirs, to control the flow of streams
and extinguish interior holdings, or for the establishment and
maintenance of fire observation towers and stations and adjoining lands
as may be deemed necessary to control, maintain and develop such towers
and stations and furnish access to them.

(2) To purchase and hold as State forests unseated, vacant or
unappropriated lands, lands advertised for sale for taxes and land sold
for taxes as may now or hereafter be provided by law.

(3) To hold, manage, control, protect, maintain, utilize, develop and
regulate the occupancy and use of all lands, heretofore or hereafter
acquired, owned, leased and maintained as State forests or for
reforestation, for extending existing State forests, for the purpose of
lessening soil erosion and the silting up of reservoirs, to control
stream flow, to extinguish interior holdings and for fire observation
tower and station purposes, together with the resources thereof.

(4) To divide this Commonwealth into such convenient forest districts
as it considers economical and effective, to administer, protect,
develop, utilize and regulate the occupancy and use of the lands and
resources of the State forests, to protect all forest land in this
Commonwealth from forest fires, fungi, insects and other enemies, to
promote and develop forestry and knowledge of forestry throughout this
Commonwealth, to advise and assist landowners in the planting of forest
and shade trees, to obtain and publish information respecting forest
lands and forestry in this Commonwealth, to assist in Arbor Day work
and promote and advance any other activity in local forestry which the
department may consider helpful to the public interest and to execute
the rules and regulations of the department for the protection of
forests from fire and depredation. It may also assign district
foresters to take active charge of such forest districts and also
foresters, forest rangers and other help for the administration of
forest districts as the secretary considers necessary and for the
accomplishment throughout this Commonwealth of the purposes for which
the department is established.

(5) To cooperate with the authorities of townships, boroughs and cities
of this Commonwealth in the acquisition and administration of municipal
forests, as may now or hereafter be provided by law.

(6) Whenever it shall appear that the welfare of this Commonwealth,
with reference to reforesting and the betterment of the State forests,
with respect to control, scientific management, protection,
utilization, development and regulation of their occupancy and use,
will be advanced by selling or disposing of any of the timber on the
State forests, to dispose of timber on terms most advantageous to this
Commonwealth. The department is authorized and directed to set aside,
within the State forests, unusual or historical groves of trees or
natural features especially worthy of permanent preservation, to make
the same accessible and convenient for public use and to dedicate them
in perpetuity to the citizens of this Commonwealth for their recreation
and enjoyment. The department is hereby empowered to make and execute
contracts or leases in the name of the Commonwealth for the mining or
removal of any valuable minerals that may be found in State forests, or
of oil and gas beneath those waters of Lake Erie owned by the
Commonwealth, or of oil and gas beneath the land of Woodville State
Hospital owned by the Commonwealth, 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 those minerals. Any
proposed contracts or leases of valuable minerals exceeding $ 1,000 in
value shall have been 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. The 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. However, where the Commonwealth owns a fractional interest
in the oil, natural gas and other minerals under State forest lands,
the requirement of competitive bidding may be waived, and the
department may enter into a contract to lease that fractional interest,
with the approval of the Governor, and upon such terms and conditions
as the department deems to be in the best interest of this
Commonwealth.

(7) To appoint and, with the approval of the Governor, fix the
compensation of a Chief Forest Fire Warden and such district forest
fire wardens, and to appoint and fix the compensation of such local
forest fire wardens and other assistants as shall be required for the
prevention, control, and extinction of forest fires.

(8) To establish and administer auxiliary forest reserves, in the
manner and under the terms and conditions as may now or hereafter be
provided by law.

(9) To distribute young forest trees, shrubs and vines as provided by
law to those desiring to plant them.

(10) To furnish information and issue certificates and requisitions
necessary for the payment of the fixed charges, in lieu of taxes on
State forest and auxiliary forest reserves, to school districts, road
districts and counties, as may now or hereafter be provided by law.

(11) To sell or exchange State forest land, as provided by law,
whenever it shall be to the advantage of the State forest interests,
provided that such action has been approved by the Governor.

(12) To set aside, when in the judgment of the department it is
considered necessary, for exclusive use for parks, parkways and other
places of scientific, scenic, historic or wildlife interest, any
State-owned lands which are now or which may hereafter be under the
jurisdiction of the department.

(13) To have the authority, with the approval of the Governor, to enter
into agreements with owners or lessees of property or property rights
located in the same area as lands owned or leased by the Commonwealth,
for the protection, preservation or recovery of metallic or nonmetallic
ore, fuel, oil, natural gas or any other mineral deposits underlying
those lands, provided the deposits are owned by the Commonwealth.

(b) UTILIZATION AND PROTECTION.-- The department has the following powers and duties with respect to the utilization and protection of State forest lands:

(1) To lease, for a period not exceeding ten years, on terms and
conditions as it may consider reasonable, to any person, corporation,
association, church organization or school board of this Commonwealth,
such portion of any State forest, whether owned or leased by the
Commonwealth, as the department may consider suitable, as a site for
buildings and facilities to be used by such person, corporation,
association, church organization or school board for health and
recreation, or as a site for a church or school purposes. 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 this Commonwealth, enter into such leases for a period not
to exceed 35 years. The department shall not terminate the lease of a
person whose cabin has been destroyed or seriously damaged by fire,
storm, flood or other natural causes and shall permit the rebuilding of
such cabin. The department shall permit persons holding leases to
renovate or make additions to existing cabins with the approval of the
department.

(2) To lease, for not more than ten years, small areas in State
forests, whether owned or leased by the Commonwealth, which it
considers to be better suited for the growing of other crops than for
the growing of forest trees. If more than one person shall apply for
the same tract, the lease shall be advertised for sale in three local
county papers, if there be so many, once a week for three weeks, and
may then be awarded to the highest responsible bidder, but the
department may nevertheless reject any or all bids. Upon the
termination of any such lease, the lessee may remove buildings and
fences placed thereon at his own expense, or the same may be purchased
by the lessor as a part of the permanent improvement of the tract, upon
such terms as may be agreed upon by the department and the lessee.

(3) To grant rights-of-way through State forests to individuals or
corporations who may apply therefor when it shall appear to the
department that the grant of a right-of-way will not so adversely
affect the land as to interfere with its usual and orderly
administration, and when it shall appear that the interests of the
Commonwealth or its citizens will be promoted by such grant.
Right-of-way, as used in this subsection, is hereby construed to
include rights of passage and haulage for any lawful purpose, also
rights of flowage or transmission for any lawful purpose.

(4) To give to street railway companies, duly incorporated under the
laws of this Commonwealth, upon such terms and subject to such
restrictions and regulations as the department considers proper, the
privilege to construct, maintain and operate their lines of railway
over, along and upon public highways now laid out and in actual use,
which lie within or border on any State forests, whenever the interests
of the Commonwealth will be benefited.

(5) To give to boroughs and other municipalities of this Commonwealth
and to related municipal authorities, upon such terms and subject to
restrictions and regulations as the department considers proper, the
privilege of impounding water and drilling water wells upon any State
forest, and of constructing, maintaining and operating lines of pipes
upon and through State forests for the purpose of conveying water
therefrom, whenever it shall be to the public interest so to do.

(6) In all cases where there are public roads, regularly established,
running into or through or bordering upon State forests, from time to
time, to expend such reasonable sums for the maintenance, repair or
extension of such roads as may be necessary for the proper
administration and protection of State forests. All expenses that may
thus be incurred shall be paid in the same manner as the other expenses
of the department.

(7) To enter into cooperative agreements with county, township,
municipal and private agencies for the prevention and suppression of
forest fires as provided by law.

(8) To grant to public utility companies lawfully doing business in
this Commonwealth the privilege to construct, maintain and operate
their lines over, along and upon highways and roads which lie within or
border on any State forests and to grant right of access by such
companies to or through State forest lands, in order to bring public
utilities to camps and cottages in State forest lands and in other
homes and farms adjacent to State forest lands.

(9) To grant to individuals, groups of individuals, associations,
firms, partnerships or corporations the privilege to erect, construct,
maintain and operate, on and over State-owned or-leased lands under the
jurisdiction of the department, antennas, towers, stations, cables and
other devices and apparatus, helpful, necessary or required for
broadcasting, telecasting, transmission, relaying or reception of
television. It may charge for such privilege such rental and damages
as the department deems the conditions and circumstances warrant.

(10) To lease, with the approval of the Governor, State forest lands
for the underground storage of natural gas, upon such terms and
conditions as the secretary deems to be in the best interest of this
Commonwealth.

(11) To lease, with the approval of the Governor, and in cooperation
with the Department of Commerce, those State forest lands acquired by
gift from Pennsylvania State University or by acquisition from the
Curtiss-Wright Corporation which are located at Quehanna, Pennsylvania,
or recovered through the termination of a lease with Curtiss-Wright
Corporation relating to Quehanna, Pennsylvania, and upon which are
erected certain industrial buildings constructed by the Curtiss-Wright
Corporation for industrial or economic development purposes or for
nuclear reactor safety zone purposes. Such leases may be made with
industrial tenants or nonprofit industrial development corporations.
The department in securing tenants shall cooperate fully with the
Department of Commerce. Every such lease entered into shall conform in
general to the terms of the standard industrial lease used by the
department and approved by the General Counsel and the Attorney
General. Every such lease shall otherwise than as in this act
prescribed be upon such terms and conditions as the secretary considers
in the best interests of this Commonwealth. However, all paved roads
through the Quehanna project shall remain open to the general public
use. Any such lease may permit the tenant to alter or expand, at its
own expense and with the approval of the department first obtained in
writing, existing buildings to meet the requirements of its particular
industrial operation. Every such lease shall provide for the deposit
of industrial floor space rentals and sewage and water rentals in a
restricted revenue account from which the department may draw moneys
for use in developing, operating and maintaining the water and sewage
disposal facilities, and replacing machinery, equipment and fixtures
appurtenant thereto, at aforesaid Quehanna. The restricted revenue
account shall be audited two years from the effective date of this act
and at two-year intervals thereafter, with any residue appearing in the
account at the end of each auditing period to be deposited in the
General Fund. The department is hereby authorized to indemnify and
hold harmless PermaGrain Products, Inc., from and against any and all
damages incurred by PermaGrain Products, Inc., related to personal
injury or property damage, resulting from radioactive contamination
arising exclusively from performance by this Commonwealth or its
contractors of the characterization, remediation, decontamination and
removal of radioactive materials from contaminated structures on those
State forest lands acquired from the Pennsylvania State University or
Curtiss-Wright Corporation and located at Quehanna, Pennsylvania.

(c) AUTHORITY OF OFFICERS.-- The persons employed, under the provisions of this act, by the department for the protection of the State parks and State forests shall after taking the proper official oath before the clerk of the court of common pleas of any county of this Commonwealth be vested with the same powers as are by existing laws conferred upon constables and other peace officers, to arrest on view, without first procuring a warrant therefor, persons detected by them in the act of trespassing upon any forest or timber land within this Commonwealth, under such circumstances as to warrant the reasonable suspicion that such person or persons have committed, are committing or are about to commit any offense or offenses against any of the laws now enacted or hereafter to be enacted for the protection of forests and timber lands. The officers shall likewise be vested with similar powers of arrest in the case of offenses against the laws or rules and regulations enacted or established, or to be enacted or established, for the protection of the State forests or for the protection of the fish and game contained therein. However, the above-mentioned rules and regulations shall have been previously conspicuously posted upon the State forests. The officers shall further be empowered and it shall be their duty, immediately upon any such arrest to take and convey the offender or offenders before a justice of the peace or other magistrate having jurisdiction, for hearing and trial or other due process of law. The powers conferred in this subsection upon forest officers shall extend only to the case of offenses committed upon the State forests and lands adjacent thereto, and the powers conferred in this subsection upon the officers shall not be exercised beyond the limits thereof, except where necessary for the purpose of pursuing and arresting such offenders, or of conveying them into the proper legal custody for punishment as aforesaid, and except where those officers are specially commissioned by the department as provided in this section. The department may at the discretion of the secretary or his designee specially commission certain forest officers to preserve order in the State parks and State forests, with all of the powers conferred on park officers by section 303(a)(7).

(d) CHIEF FOREST FIRE WARDEN.-- The Chief Forest Fire Warden, subject to the approval of the secretary, shall have the following powers and duties to:

(1) Take such measures for the prevention, control and extinction of
forest fires as will assure a reasonable protection from fire to
woodlots, forest and wild land within this Commonwealth.

(2) Supervise and manage the forest fire wardens throughout this
Commonwealth and, when necessary, to appoint persons who shall serve
without compensation as special or as ex officio fire wardens. Such
special or ex officio fire wardens shall have the same powers as local
forest fire wardens, but their duties may be changed or extended by the
chief forest fire warden. Any special or ex officio forest fire
warden, appointed as herein provided, shall be entitled to receive the
necessary expenses incurred by him in the performance of his duties as
fire warden.

(3) Report to the secretary, at such times as the secretary shall
require, covering all phases of the work done under his direction.

(4) Collect, with the assistance of the fire wardens under his
supervision, data as to location and fire hazards of woodlots, forests
and wild lands within this Commonwealth, as to forest fires and losses
resulting therefrom, and such other data as he may desire to present to
the department or the public.

(5) Plan and to put into operation and maintain a system of fire towers
and observation stations, which shall cover the regions subject to
forest fires and to purchase the necessary materials and equipment and
hire the necessary labor.

(6) Appoint certain forest fire wardens as patrolmen for regions
subject to great fire risk during dry seasons, whenever necessary.

(7) Enter into agreements with persons, associations or corporations,
upon satisfactory terms, for forest fire prevention or control.

(8) Conduct educational work in relation to the protection of forests
from fire.

(9) Approve and transmit to the secretary all correct bills for
expenses incurred by him or under his supervision.

(10) Declare a public nuisance any property which by reason of its
condition or operation is a special forest fire hazard and, as such,
endangers other property or human life. He shall notify the owner of
the property or the person responsible for the condition declared a
public nuisance and advise him of the abatement of such public
nuisance. In case of a railroad, such notice shall be served upon the
superintendent of the division where the nuisance exists.

(11) Collect and arrange information concerning violation of laws
relating to the protection of forests from fire and present the same to
the secretary, who shall file it with the Office of Attorney General
for legal action.

(12) Issue, to persons appointed forest fire wardens, certificates of
appointment and, when deemed advisable, to issue badges to such
persons.

(e) DISTRICT FIRE WARDEN.-- Each district fire warden shall have the power and his duty shall be to:

(1) Establish headquarters at some advantageous place within his
district.

(2) Act as the field representative of the Chief Forest Fire Warden.

(3) Collect and forward to the Chief Forest Fire Warden such data
within his district as may be required by the Chief Forest Fire Warden.

(4) Make recommendations to the Chief Forest Fire Warden for the
appointment of local fire wardens, the location of towers, the
employment of patrolmen, the region to be patrolled and such other
matters as may come to his attention which would tend to improve the
protective system.

(5) Arrange for annual meetings of fire wardens within his district for
instruction in forest fire matters.

(6) Report to the Chief Forest Fire Warden conditions existing within
his district, which are or may become forest fire hazards, and to serve
notices for the correction or removal of such conditions, after and
when issued by the Chief Forest Fire Warden.

(7) Receive, audit and, if correct, approve the reports and accounts of
the local fire wardens before submitting them to the Chief Forest Fire
Warden.

(8) Act as an inspector of the work of the local fire wardens and
render assistance to them.

(9) Conduct educational work and develop cooperation between local
agencies and the department for the prevention and suppression of
forest fires.

(10) Perform such other duties as may be assigned to him by the
secretary and the Chief Forest Fire Warden.

(f) LOCAL FOREST FIRE WARDENS.-- It shall be the duty of each local forest fire warden:

(1) Whenever fire is discovered in or approaching woodlots, forests or
wild lands, whether the same be owned by individuals, corporations or
by the Commonwealth, immediately to take such measures as are necessary
to extinguish the fire.

(2) Whenever fires have been combated or extinguished, to prepare a
correct statement of expenses, upon forms to be furnished by the
department, which must be filed with the district forest fire warden
and forwarded to the Chief Forest Fire Warden within 60 days of the
date of the fire.

(3) Promptly to investigate the cause of each fire which comes to his
knowledge, collect such evidence as may be discovered relating thereto,
and such other facts as he may be directed to investigate, and report
the same to the Chief Forest Fire Warden.

(4) To attend an annual meeting of forest fire wardens in his district
when notified or present a reasonable excuse.

(5) When designated as a patrolman or watchman, to perform such duties
as may be assigned him by the Chief Forest Fire Warden or by the
district forest fire warden.

(g) POWERS OF WARDENS GENERALLY.-- Every forest fire warden, appointed as provided in this act, shall have the power to:

(1) Employ such other persons, as in his judgment may be necessary, to
render assistance in extinguishing forest fires and to compel the
attendance of persons and to require their assistance in the
extinguishing of forest fires.

(2) Administer an oath or affirmation in order to examine any person
who he believes knows facts relating to any forest fire or who claims
compensation for services rendered.

(3) Enter upon any land at any time for the purpose of performing
duties in accordance with this act.

(4) Arrest on view, without first procuring a warrant, any person
detected by him in the act of committing an offense against any of the
laws for the protection of forests, woodlots or wild lands or when he
shall have a reasonable suspicion that any person is committing or
about to commit some such offense. Such forest warden shall have
further power to take the offender before a justice of the peace,
magistrate or other officer having jurisdiction for hearing, trial or
other due process of law.

(5) Exercise the foregoing powers, not only in the jurisdiction for or
within which he may have been appointed but also in adjacent or other
boroughs, townships or counties.

(h) ADMINISTRATION OF CERTAIN STATUTES.-- The department shall hereafter exercise the powers and duties heretofore conferred upon the agencies and officials by the following statutes:

The Commissioner of Forestry by the act of March 30, 1897 (P.L. 11, No.
10), entitled "An act authorizing the purchase by the Commonwealth of
unseated lands for the non-payment of taxes for the purpose of creating
a State Forest Reservation."

The Commissioner of Forestry and the State Forestry Reservation
Commission by the act of February 25, 1901 (P.L. 11, No. 9), entitled
"An act to establish a Department of Forestry, to provide for its
proper administration, to regulate the acquisition of land for the
Commonwealth, and to provide for the control, protection and
maintenance of Forestry Reservations by the Department of Forestry."

The Commissioner of Forestry by the act of April 22, 1909 (P.L. 124,
No. 79), entitled "An act to permit the acquisition of forest or other
suitable lands by municipalities, for the purpose of establishing
municipal forests; and providing for the administration, maintenance,
protection, and development of such forests."

The Commissioner of Forestry by section 15 of the act of May 13, 1909
(P.L. 781, No. 601), entitled "An act to create a system of
fire-wardens to preserve the forest of the Commonwealth, by preventing
and suppressing forest fires, and prescribing penalties for the
violation thereof; providing for the compensation of the fire-wardens
and those who assist in extinguishing fire, and making an appropriation
therefor."

The State Forestry Reservation Commission by the act of May 11, 1911
(P.L. 271, No. 173), entitled "An act empowering the United States of
America to acquire land in the State of Pennsylvania for National
Forest Reserves, by purchase or by condemnation proceedings; and
granting to the United States of America all rights necessary for
control and regulation of such reserves."

The State Forestry Reservation Commission by the act of June 5, 1913
(P.L. 426, No. 284), entitled "An act to classify certain surface lands
as auxiliary forest reserves; to prescribe the terms and conditions
for their continuance in said classification, or their withdrawal
therefrom; and to provide for the expenses attendant thereon."

The Department of Forestry by the act of July 22, 1913 (P.L. 906, No.
432), entitled "A supplement to an act, entitled 'An act to create a
system of fire-wardens to preserve the forests of the Commonwealth, by
preventing and suppressing forest fires, and prescribing penalties for
the violation thereof; providing for the compensation of the
fire-wardens and those who assist in extinguishing fire, and making an
appropriation therefor,' approved the thirteenth day of May, one
thousand nine hundred and nine; conferring authority upon the
Department of Forestry to enter into cooperative relations with local
associations established for the purpose of preventing forest fires,
and providing for and regulating a local fire patrol and the
compensation thereof."

The Department of Forests and Waters by the act of April 21, 1915 (P.L.
140, No. 68), entitled "An act directing the county commissioners of
the several counties to offer for sale to the Department of Forestry
tracts of land which they may have purchased at county treasurers'
sales, for acceptance or refusal for forestry purposes, and to convey
to the Commonwealth of Pennsylvania the tracts so offered to be sold,
if accepted by the department."

The Department of Environmental Resources and the Secretary of
Environmental Resources by section 601 of the act of June 2, 1915 (P.L.
736, No. 338), known as the Workers' Compensation Act.

The Commissioner of Forestry, the Department of Forests and Waters and
the Bureau of Forest Protection by Articles I, V through VII and IX
through XI of the act of June 3, 1915 (P.L. 797, No. 353), referred to
as the Forest Fire Protection Law.

The Department of Forestry by the act of May 8, 1917 (P.L. 156, No.
88), entitled "An act authorizing the Department of Forestry to
purchase surface rights to lands, for use as State forests."

The State Forest Commission by the act of May 5, 1921 (P.L. 418, No.
194), entitled "An act authorizing the State Forest Commission to
exchange or sell certain portions of the State forest land, and
providing for the procedure."

The Department of Forestry and the Commissioner of Forestry by the act
of May 21, 1923 (P.L. 290, No. 186), entitled "An act authorizing the
Department of Forestry to grant, on terms, conditions, and
stipulations, rights to occupy and use any portions of the State
forests for dams, reservoirs, canals, pipe lines, and other water
conduits, for certain water supply purposes; and providing remedies
for violations of this act, or regulations or orders hereunder, or of
such terms, conditions, or stipulations; and providing for revocation
of the grant in certain cases."

The Department of Forestry by the act of May 28, 1923 (P.L. 458, No.
250), entitled "An act authorizing the Department of Forestry, with the
approval of the Governor and Attorney General, to lease for periods of
not more than fifty years, on terms, conditions, and stipulations
expressed in each lease, any portions of the State forests for dams,
reservoirs, canals, pipe lines and other water conduits, power houses
and transmission lines, for the development of water power, for steam
raising and condensation, and for the generation and transmission of
electric energy."

The Department of Forestry by the act of June 14, 1923 (P.L. 761, No.
300), entitled "An act to authorize the Department of Forestry to offer
and to pay rewards for evidence sufficient to convict anyone
maliciously setting forest fire, and to authorize payment of such
rewards to local forest fire wardens under certain conditions."

The Department of Forests and Waters and the Secretary of Forests and
Waters by the act of April 11, 1925 (P.L. 232, No. 153), entitled "An
act making an appropriation; and providing for the hearing, adjusting,
and paying of moral claims against the Commonwealth for injury to, or
death of, persons while fighting forest fires under orders of agents of
the Department of Forests and Waters."

The Department of Forests and Waters and the State Forest Commission by
the act of May 13, 1925 (P.L. 643, No. 346), entitled "An act to
provide for the purchase by the Commonwealth of agricultural land
suited to the growing of forest tree seedlings, and fixing a maximum
amount that may be paid therefor."

The Department of Forests and Waters and the Department of
Environmental Resources by the act of May 5, 1927 (P.L. 817, No. 412),
entitled, as amended, "An act authorizing and regulating the growth,
sale, and distribution of forest tree seedlings, transplants, shrubs
and vines by the Department of Forests and Waters; regulating the use
of such forest tree seedlings, transplants, shrubs and vines and
imposing duties upon the Department of Agriculture with regard to the
enforcement of this act."

The Department of Forests and Waters by the act of April 3, 1929 (P.L.
135, No. 137), entitled "An act authorizing the Department of Justice,
acting for the Department of Forests and Waters, to institute suits on
behalf of the Commonwealth to recover from persons, associations,
copartnerships, and corporations, and their officers, agents, and
employes, causing forest fires, the expenses incurred by the Department
of Forests and Waters on account of such fires."

The Secretary of Environmental Resources by section 712 of the act of
April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of
1929.

The Secretary of Forest and Waters by the act of April 11, 1929 (P.L.
515, No. 219), entitled "An act for the elimination of special forest
fire hazards; authorizing the Chief Forest Fire Warden, under certain
circumstances, to declare any such hazard a public nuisance; providing
for the abatement of the same, and for the collection of the cost of
abatement; and imposing penalties."

The Secretary of Forests and Waters by the act of May 17, 1929 (P.L.
1798, No. 591), referred to as the Forest Reserves Municipal Financial
Relief Law.

The Department of Environmental Resources by section 17 of the act of
May 21, 1931 (P.L. 149, No. 105), known as The Liquid Fuels Tax Act.

The Secretary of Forests and Waters and the Department of Forests and
Waters by subarticle (c) of Article XXXVIII of the act of June 23, 1931
(P.L. 932, No. 317), known as The Third Class City Code.

The Department of Forests and Waters by the act of June 23, 1931 (P.L.
1202, No. 328), entitled "An act authorizing the Department of Forests
and Waters to cooperate with and to receive contributions from the
Federal Government for forestry purposes; and providing for the use of
such contributions."

The Department of Forests and Waters by subarticle (c) of Article XXX
of the act of June 24, 1931 (P.L. 1206, No. 331), known as The First
Class Township Code.

The Department of Forests and Waters by the act of April 13, 1933 (P.L.
35, No. 30), entitled "An act for the development and use of unredeemed
seated and unseated lands purchased by county commissioners at tax
sales; providing for the holding and permanent retention of such lands
by the county for forest or recreational uses beneficial to the local
community, or for their transfer to the State, under suitable
restrictions for similar uses, subject to certain annual charges;
providing for the use of revenues derived from such lands; providing a
procedure for the discharge of liens of record against such lands by
sale after notice to owners and lien creditors; providing for the sale
by counties of such lands as are retained by the county; providing for
the appointment by local State Forest Advisory Councils; and
conferring powers upon the Department of Forests and Waters and the
Board of Game Commissioners with respect to the acquisition and
exchange of such lands, their proper organization and development, and
the acceptance of gifts of lands."

The Department of Forests and Waters by sections 1908, 1909, 1910,
1911, 1912, 1913, 1914, 1915, 1916 and 1917 of the act of May 1, 1933
(P.L. 103, No. 69), known as The Second Class Township Code.

The Department of Forests and Waters by the act of May 22, 1933 (P.L.
853, No. 155), known as The General County Assessment Law.

The Department of Forests and Waters by the act of May 22, 1933 (P.L.
907, No. 165), entitled "An act empowering the Department of Forests
and Waters and the Board of Game Commissioners to purchase, in the name
of the Commonwealth, seated and unseated lands at tax sales held by
county treasurers; providing for and regulating the payment of the
purchase price and redemptions in such cases; and providing for the
payment of State charges on such lands."

The Secretary of Forests and Waters by the act of July 29, 1953 (P.L.
970, No. 235), referred to as the Middle Atlantic Interstate Forest
Fire Protection Compact Act.

The Secretary of Forests and Waters and the Department of Forests and
Waters by the act of July 9, 1959 (P.L. 510, No. 137), known as the
Pennsylvania Public Lands Act.

The Department of Forests and Waters by the act of June 15, 1961 (P.L.
418, No. 208), known as the State Forest Lands Prospecting Act.

The Secretary of Forests and Waters and the Department of Forests and
Waters by subarticle (c) of Article XXVII of the act of February 1,
1966 (1965 P.L. 1656, No. 581), known as The Borough Code.

The Department of Forests and Waters by subarticle (e) of Article III
of the act of June 13, 1967 (P.L. 31, No. 21), known as the Public
Welfare Code.

The Department of Environmental Resources by the act of June 27, 1973
(P.L. 70, No. 30), entitled "An act amending the act of May 13, 1915
(P.L. 286, No. 177), entitled 'An act to provide for the health,
safety, and welfare of minors: By forbidding their employment or work
in certain establishments and occupations, and under certain specified
ages; by restricting their hours of labor, and regulating certain
conditions of their employment; by requiring employment certificates
or transferable work permits for certain minors, and prescribing the
kinds thereof, and the rules for the issuance, reissuance, filing,
return, and recording of the same; by providing that the Industrial
Board shall, under certain conditions, determine and declare whether
certain occupations are within the prohibitions of this act; requiring
certain abstracts and notices to be posted; providing for the
enforcement of this act by the Secretary of Labor and Industry, the
representative of school districts, and police officers; and defining
the procedure in prosecutions thereunder, and establishing certain
presumptions in relation thereto; providing for the issuance of
special permits for minors engaging in the entertainment and related
fields; providing penalties for the violation of the provisions
thereof; and repealing all acts or parts of acts inconsistent
therewith,' providing for participation in certain training and
fire-fighting activities."

The Department of Environmental Resources by the act of July 20, 1974
(P.L. 524, No. 178), referred to as the Interstate Cooperation Fire
Protection Act.

The Department of Environmental Resources by the act of April 29, 1982
(P.L. 369, No. 103), entitled "An act authorizing the Department of
Environmental Resources to reimburse cooperating counties for a portion
of each county's costs incurred under State-County-Federal gypsy moth
programs and out of a Federal Augmentation appropriation made to the
department."

The Department of Environmental Resources by the act of December 20,
1983 (P.L. 257, No. 71), entitled "An act prohibiting the cutting,
digging, removal, transportation or sale within this Commonwealth for
any purpose of Christmas trees, without a bill of sale or other proof
of ownership from the owner of the land on which the same are grown;
and providing a penalty."

The Department of Environmental Resources by 34 Pa.C.S. § 723 (relating
to exchange or sale).

The Department of Environmental Resources by 74 Pa.C.S. § 5905
(relating to certain State-owned airport).