71 Pa. Stat. § 1340.303

Current through P.A. Acts 2023-32

Section 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).

71 P.S. § 1340.303

1995, June 28, P.L. 89, No. 18, § 303, effective 7/1/1995.