Pennsylvania Act 1913-284 — FOREST RESERVES, CLASSIFICATION

Act text

FOREST RESERVES, CLASSIFICATION
                  Act of Jun. 5, 1913, P.L. 426, No. 284              Cl. 32
                                  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.

        Compiler's Note:  Section 302(h) of Act 18 of 1995, which
            created the Department of Conservation and Natural
            Resources and renamed the Department of Environmental
            Resources as the Department of Environmental Protection,
            provided that the Department of Conservation and Natural
            Resources shall exercise the powers and duties conferred
            upon the State Forestry Reservation Commission by Act 284
            of 1913.
        Section 1.  Be it enacted, &c., That in order to encourage
     the growing of such trees, now existing or hereafter produced,
     as will at the proper age be suitable for merchantable forest
     products, whether such be of natural reproduction or from seed
     sown, or trees planted out, or all combined, all surface land
     which may be set apart according to the provisions of this act,
     and exclusively used for growing such trees, is hereby
     constituted a separate and distinct class of land, to be known
     as auxiliary forest reserves.
        Section 2.  When any owner of surface land desires to have
     such land placed in the class established by section one of this
     act, such owner shall notify the State Forestry Reservation
     Commission of his desire in manner and form to be prescribed by
     said commission. Said notice shall contain a description of the
     land, its location, boundary, area, and character, and shall
     state as far as practicable the species, character, and
     condition of the trees growing thereon, and whether they are of
     natural reproduction or are from seed sown for the purpose, or
     have been set out on said land, or all combined, and such other
     information as the commission may require. If, upon receipt and
     consideration of this notice, the commission shall, in its
     discretion, deem the conditions such as to warrant action on its
     part to determine whether such land should rightfully be placed
     in the class established by section one of this act, it shall
     cause the same to be examined by some person learned in the
     practice and principles of forestry, and a report made thereon,
     and if, upon receipt and consideration of such report, it
     decides that such land should be placed in the class established
     by section one of this act, it shall so declare and certify to
     the commissioners of the county in which said land is located.
        Section 3.  Upon receipt by the county commissioners of such
     certificate of the commission it shall be their duty at once to
     place said surface land in the class established by section one
     of this act, and keep the same therein until the trees growing
     thereon shall, in the judgment of the commission, become
     sufficiently large and suitable for merchantable forest
     products, or the land be devoted to other purposes: Provided,
     however, That the certificate of the commission shall not become
     operative to place said surface land in the class established by
     section one of this act until the owner of said surface land has
     agreed, in writing, with the commission, to care for the trees
     growing thereon, according to the instructions and directions of
     the commission, up to such time as such trees become suitable
     for merchantable forest products; and if any such owner at any
     time fails to care for the trees growing on said land as agreed
     with the commission, and due proof thereof is made, the
     commission may remove said surface land from the class
     established by section one of this act. In case of such removal,
     either through failure of the owner to care for the trees or on
     his expressed desire for removal before the trees shall have
     been cut at maturity and tax paid thereon, the county
     commissioners shall, on notice from the commission, proceed to
     recover from said owner, for the use of the county and township,
     by an appropriate action at law if necessary, the difference in
     the amount of tax which would have been paid by the said owner
     at the rates established for the years for which recovery is
     sought and the rate provided for auxiliary forest reserves, with
     costs of suit, to be recoverable from the time when such land
     was placed in the class of auxiliary forest reserves. And the
     commission shall remove said surface land from the class
     established by section one of this act at any time that the then
     owner shall, in writing, notify the commission that he desires
     such removal. The commission may, in its discretion, at the time
     said surface land is placed in the class established by section
     one of this act, require the owner to file with the commission
     his or its bond, of such kind and amount as the commission shall
     deem reasonable and sufficient to secure the obligations of such
     owner under this act.
        Section 4.  Whenever trees growing on said surface land have
     become suitable for merchantable forest products, the commission
     shall, at the request of the owner or on its own motion, make an
     examination of said land, and designate for the owner the kind
     and number of trees most suitable to be cut, if, in the judgment
     of the commission, there be any, and the cutting and removal of
     said trees so designated shall be in accordance with the
     instructions of the commission.
        Section 5.  If the owner of said surface land faithfully
     carries out the instructions of the commission with regard to
     the removal and marketing of such mature or other trees, as may
     be designated in the instructions of the said commission, and
     shall immediately replant other trees of valuable species, or so
     protect the young growth that the said land may immediately
     become covered with young forest growth, and does so with the
     approval of the commission, then such surface land shall remain
     in the said class, established by section one of this act;
     otherwise, the commission shall notify the county commissioners
     that the said land is not being maintained in accordance with
     the written agreement of the owner and the instructions of the
     commission, in which event the county commissioners shall
     immediately remove said land from the class established by
     section one of this act. All expenses attendant upon the
     examination of the said surface land by the commission shall be
     paid for out of the moneys appropriated for the maintenance of
     the Department of Forestry, in like manner as other expenses for
     maintenance of said department are now paid.
        Section 6.  The owner of the said auxiliary forest reserves
     shall, at all times, have the right to remove therefrom trees,
     or portions of trees, which may be killed by fire, thrown or
     broken by the wind, or injured by other natural causes; and
     shall, under the direction of the commission, be privileged to
     make necessary thinnings or removal of undesirable species of
     trees, in order to improve the condition of the remaining trees;
     and, under the same direction, may be privileged to remove
     therefrom such timber, from time to time, as may be necessary
     and essential for use upon the neighboring cleared lands of the
     said owner, for general farm purposes.
        Section 7.  Any tract of land while remaining in the class of
     auxiliary forest reserves as above provided, may, nevertheless,
     be sold or incumbered by or through the owner thereof, but no
     sale or incumbrance, whether voluntary by the owner or
     involuntary under any statutory or judicial proceeding
     whatsoever, whether of any State or of the United States, shall
     effect a discharge of any obligation imposed under this act, and
     said land shall be removed from said class only in accordance
     with the provisions hereof.