Pennsylvania Act 1965-117 — OPEN PIT OR STRIP MINES - ACQUISITION AND RECLAMATION

Act text

OPEN PIT OR STRIP MINES - ACQUISITION AND RECLAMATION
                 Act of Jul. 19, 1965, P.L. 216, No. 117              Cl. 52
                                  AN ACT

     Authorizing the Secretary of Environmental Resources to acquire,
        either amicably or by condemnation, certain lands affected by
        open pit or strip mines; authorizing the reclamation of such
        lands, and providing for the use or disposal thereof. (Title
        amended Dec. 12, 1980, P.L.1171, No.215)

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The Secretary of Environmental Resources, on
     behalf of the Commonwealth, with the approval of the Governor,
     shall have the power to acquire, either amicably or by exercise
     of the power of eminent domain, land which has been affected by
     past mining practices, including refuse banks, and which, in its
     present state, is hazardous or otherwise detrimental to the
     health and safety of the citizens of the Commonwealth or land
     which is necessary to abate the adverse effects of past mining
     practices on other land and water resources in Pennsylvania, and
     for the restoration of which Federal funds have been made
     available and/or State funds have been appropriated: Provided,
     however, That the secretary has determined that the acquired
     property:
        (a)  will, after restoration, reclamation, abatement, control
     or prevention of the adverse effects of past mining practices,
     serve public recreation or historic purposes, conservation or
     reclamation purposes, provide open space benefits or serve other
     public purposes;
        (b)  is necessary for the construction of permanent
     facilities to restore, reclaim, abate, control or prevent
     adverse effects of past mining practices, such as a mine
     drainage treatment plant or a relocated stream channel; or
        (c)  is, in the case of coal refuse disposal sites including
     all coal refuse thereon, desirable as a source of materials for
     subsidence control or prevention, or for backfilling mine shafts
     or that public ownership is necessary to prevent a reoccurrence
     of the adverse effects of past mining practices.
        (1 amended Dec. 12, 1980, P.L.1171, No.215)
        Section 2.  Prior to acquiring any land affected by
     unreclaimed surface mines, the Secretary of Environmental
     Resources shall extend to the owners thereof an opportunity to
     backfill, plant and do other acts of restoration thereon to the
     same extent and within the same time limits as prescribed by the
     act of May 31, 1945 (P.L.1198, No.418), known as the "Surface
     Mining Conservation and Reclamation Act," and if the owners
     agree to do so and, weather permitting, start such restoration
     within a period of thirty days, the land shall not be acquired
     by the Commonwealth.
        (2 amended Dec. 12, 1980, P.L.1171, No.215)
        Section 3.  The Secretary of Environmental Resources shall,
     if possible, amicably purchase land which he has determined
     should be acquired for the purpose of this act. In any case
     where the Secretary of Environmental Resources and the owners of
     the land are unable to agree upon the amount to be paid
     therefor, the Secretary of Environmental Resources may exercise
     the power of eminent domain against such land by filing in the
     court of common pleas of the county in which the land is located
     a declaration of taking in the form and manner prescribed by the
     act of June 22, 1964 (P.L.84, No.6), known as the "Eminent
     Domain Code." All proceedings in such condemnation shall be
     pursuant to and in compliance with the said "Eminent Domain
     Code." In all cases the land shall be valued in its current
     condition as adversely affected by past mining practices.
        (3 amended Dec. 12, 1980, P.L.1171, No.215)
        Section 4.  The purchase price, in the case of an amicable
     acquisition, or the damages as finally determined, in the case
     of acquisition by condemnation, and the necessary expenses
     incidental thereto, shall be paid from the appropriations made
     by the General Assembly under this act, or under section
     16(a)(1) of the act of January 19, 1968 (1967 P.L.996, No.443),
     known as "The Land and Water Conservation and Reclamation Act,"
     which are hereby authorized to be used for the purposes of this
     act, and/or the appropriations to which Federal funds made
     available for such purposes have been credited.
        (4 amended Dec. 12, 1980, P.L.1171, No.215)
        Section 5.  The Secretary of Environmental Resources shall
     have the power to backfill, plant and perform other acts of
     restoration on any lands so acquired to the extent and subject
     to such conditions as State and/or Federal funds are
     appropriated and available therefor.
        (5 amended Dec. 12, 1980, P.L.1171, No.215)
        Section 6.  After restoration the Secretary of Environmental
     Resources may retain ownership of such land or, with the
     approval of the Governor, transfer jurisdiction of such land, or
     any portion thereof, to the Pennsylvania Game Commission, the
     Pennsylvania Fish Commission, or such other State department or
     State agency as can best utilize such land for public purposes.
        (6 amended Dec. 12, 1980, P.L.1171, No.215)

        Compiler's Note:  The Secretary of Environmental Resources,
            referred to in this section, was abolished by Act 18 of
            1995. His functions were transferred to the Secretary of
            Conservation and Natural Resources and the Secretary of
            Environmental Protection.
        Compiler's Note:  The name of the Pennsylvania Fish
            Commission, referred to in this section, was changed to
            the Pennsylvania Fish and Boat Commission by Act 39 of
            1991. See 30 Pa.C.S. § 308 (relating to designation of
            commission).
        Section 7.  (a)  The Secretary of Environmental Resources
     may, with the approval of the Governor, sell such land at public
     sale to the highest bidder but for a price not less than the
     current market value. Such land shall be sold subject to the
     condition that no open pit or strip mining shall be carried on
     thereon at any time thereafter. The proceeds of any such sale
     shall be credited to the appropriation from which the purchase
     price or damages were originally paid or the then current
     appropriation for similar purposes.
        (b)  The Secretary of Environmental Resources may, with the
     approval of the Governor, transfer title to such land to the
     municipality or the county in which it is located upon the
     condition that the land shall only be used for public purposes.
        (7 amended Dec. 12, 1980, P.L.1171, No.215)
        Section 8.  No land, with respect to which a bond conditioned
     upon the restoration thereof is in effect, shall be acquired
     pursuant to the provisions of this act, nor shall this act be
     construed to relieve any person from any obligation to backfill,
     plant or perform other restoration required by law.
        Section 9.  There is hereby appropriated to the Department of
     Environmental Resources the sum of one million dollars
     ($1,000,000) to be established as a separate fund for the
     purposes herein provided, which fund shall be called the "Coal
     Lands Improvement Fund," into which moneys received from sale of
     lands as set forth hereinbefore shall accumulate as a revolving
     fund. An amount not to exceed ten percent of this appropriation
     and an amount not to exceed ten percent of the moneys received
     from the sale of lands may be used for administrative purposes.
        (9 amended Dec. 12, 1980, P.L.1171, No.215)

        Compiler's Note:  The Department of Environmental Resources,
            referred to in this section, was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
        Section 10.  This act shall take effect immediately.