71 Pa. Stat. § 1357.4

Current through P.A. Acts 2023-32
Section 1357.4 - Development of resources on state system land
(a) Authority.--The department has the following powers:
(1) To make and execute contracts or leases in the name of the Commonwealth for the mining or removal of valuable coal, oil, natural gas, coal bed methane and limestone which may be found in or beneath State system land.
(2) To grant a right-of-way through State system land to any individual or corporation that applies if the system determines that the grant will not so adversely affect the land as to interfere with its usual and orderly a dministration.
(3)To cooperate with, consult with or delegate to the Department of Conservation and Natural Resources, pursuant to its authority in the act of June 28, 1995 (P.L.89, No.18), known as the Conservation and Natural Resources Act, in carrying out the provisions of this act.
(a.1) Limitations.--The department may not make or execute a contract or lease under subsection (a)(1) unless the president of the system university affected by the contract or lease has provided the department with written authorization to proceed with negotiating a contract or lease.
(b) Advertising.--A proposed contract or lease under this act that exceeds $1,000 in value must be advertised for three weeks on the system's publicly accessible Internet website and at least once a week for three weeks, in at least two newspapers of general circulation published nearest the locality indicated, in advance of awarding the contract or lease.
(c) Bidding.--
(1) Except as set forth in paragraph (2), contracts and leases shall be awarded to the highest and best bidder.
(2) The requirement for competitive bidding may be waived if the Commonwealth owns a fractional interest in the mineral resources in or beneath State system land and the department may enter into a contract to lease that fractional interest, with the approval of the Governor and upon terms and conditions the department deems to be in the best interest of the Commonwealth.
(d) Bond.--A party that enters into a contract or lease under this section must provide a bond satisfactory to the department for the proper performance of the contract or lease.

71 P.S. § 1357.4

Added by P.L. 1194 2012 No. 147, § 4, eff. 10/8/2012.