71 Pa. Stat. § 1340.304

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 1340.304 - Facility development

(a) General rule.--The department has all powers and duties previously vested in the Department of Environmental Resources to design, construct, improve, maintain and repair those lands and facilities which it deems necessary or appropriate in the exercise of the powers and duties transferred by this act.

(b) Powers not restricted.-- The powers and duties conferred by this section are not restricted by Article XXIV of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929 to any greater extent than were the powers and duties of the Department of Environmental Resources in accordance with section 2401.2 of that act.

(c) Administration of certain statutes.--The department shall hereafter exercise the powers and duties heretofore conferred upon the agencies and officials listed below under the following statutes:

The Department of Forests and Waters and the Secretary of Forests and Waters by the act of May 20, 1921 (P.L. 984, No. 353), entitled "An act providing for the condemnation by the Commonwealth of lands suitable and desirable for forest purposes or game preserve purposes or the perpetuation and protection of fish; and defining the powers and duties of the Department of Forestry, the Board of Game Commissioners, and the Department of Fisheries, respectively, in relation thereto."

The Department of Forests and Waters by the act of March 26, 1925 (P.L. 84, No. 53), entitled "An act authorizing the Department of Forests and Waters to accept gifts, donations, or contributions under certain circumstances; and providing for the use of such gifts."

The Secretary of Forests and Waters, the Department of Forests and Waters and the Chief Forest Fire Warden by the act of March 1, 1945 (P.L. 15, No. 7), entitled "An act to authorize the Department of Forests and Waters to lease or sell its telephone lines or parts thereof."

The Department of Forests and Waters by the act of May 22, 1945 (P.L. 834, No. 335), entitled "An act providing for the acceptance by the Commonwealth of a gift of lands from the United States of America, or any Federal agency, and placing such lands under the control and supervision of the Department of Forests and Waters."

The Department of Forests and Waters and the Secretary of Forests and Waters by 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."

The Department of Forests and Waters by the act of January 19, 1968 (1967 P.L. 992, No. 442), entitled "An act Authorizing the Commonwealth of Pennsylvania and the counties thereof to preserve, acquire or hold land for open space uses."

The Department of Environmental Resources by the act of November 29, 1990 (P.L. 600, No. 151), entitled "An act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, providing an opportunity for municipalities to purchase real property being disposed of by public utilities engaged in a railroad business."

The Department of Environmental Resources by the act of July 2, 1993 (P.L. 359, No. 50) , known as the Keystone Recreation, Park and Conservation Fund Act.

71 P.S. § 1340.304

1995, June 28, P.L. 89, No. 18, § 304, effective 7/1/1995.