act-1933-0-30•Pennsylvania Act 1933-30 — STATE FORESTS, ESTABLISHING
Act text
STATE FORESTS, ESTABLISHING
Act of Apr. 13, 1933, P.L. 35, No. 30 Cl. 32
AN ACT
For the development and use of unredeemed seated and unseated
lands purchased by county commissioners at tax sales;
providing for the holding and permanent retention of such
lands by the county for forest or recreational uses
beneficial to the local community, or for their transfer to
the State, under suitable restrictions for similar uses,
subject to certain annual charges; providing for the use of
revenues derived from such lands; providing a procedure for
the discharge of liens of record against such lands by sale
after notice to owners and lien creditors; providing for the
sale by counties of such lands as are retained by the county;
providing for the appointment by local State Forest Advisory
Councils; and conferring powers upon the Department of
Forests and Waters and the Board of Game Commissioners with
respect to the acquisition and exchange of such lands, their
proper organization and development, and the acceptance of
gifts of lands.
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 Department of Forests and Waters by Act 30 of
1933.
Section 1. Be it enacted, &c., That the following terms, as
used in this act, are hereby defined as follows:
"County Forests." Lands owned and retained by a county and
organized systematically for the purpose of facilitating proper
management for forestry and recreational purposes.
"State Forests." Lands deeded by the county commissioners of
a county to the State for organization and management as public
forests or recreation areas, the county retaining an interest in
all future net financial returns therefrom.
Section 2. Whenever any seated or unseated lands are sold at
a county treasurer's sale to the county commissioners and said
lands are not redeemed within a period of two years as provided
by law, the county commissioners may, if the Department of
Forests and Waters or Board of Game Commissioners within one
year do not record with the county commissioners a desire to
acquire such lands for State forests or State game lands, retain
such lands as county forests, or, under the provisions of this
act, convey such lands to the State as State forests. Such lands
shall, however, not be deemed to be held and retained as county
forests nor for transfer to the State as State forests until the
board of county commissioners shall first duly adopt a
resolution for such purposes and spread the same upon its
minutes.
Section 3. Except as hereinafter provided, no such lands
shall be held and retained as county forests, or be transferred
to the State as State forests by the county, against which there
are any liens of record which have not been discharged by the
county treasurer's sale or by failure to redeem the same. In
case the county commissioners desire to retain and hold such
lands as county forests or to convey them to the State as State
forests, they may, after holding such lands for a period of two
years after the county treasurer's sale, advertise such lands
separately for sale in the manner provided by law for the
advertisement of sales for taxes by county commissioners. A
notice of the place and time of such sale shall be served on the
owner of such lands and on any lien creditor, if known, and, if
their whereabouts are unknown, then such notices shall be sent
by registered mail, addressed to the last known post office
address of the owner and lien creditor, and a return of the card
showing receipt of such letter, or the return of the letter
itself showing a refusal to accept delivery or a failure to
deliver, shall be deemed sufficient service.
Section 4. If at the time of such sale, sufficient is not
bid for such lands to pay taxes, penalties, interest and costs
due thereon by the owner, lien creditor, the Department of
Forests and Waters, the Board of Game Commissioners, or any
other person, the lands shall then be sold to the county
commissioners without any consideration or money charge. In
either event, such sale shall discharge all liens of record
against such lands. Thereafter such lands may be held and
retained as county forests, or be conveyed to the State as State
forests, in the manner provided by this act.
Section 5. (a) Whenever the board of county commissioners
shall retain lands for county forests as provided for in this
act, the county shall become liable to pay to the township and
to the school district, in which such lands are located, each an
annual charge of two cents per acre for road and school
purposes; and all county, township, road, school, and poor
taxes, theretofore assessed against such lands and unpaid, shall
be and are hereby abated. No further taxes shall thereafter be
assessed against such lands so long as the same are retained and
held by the county as county forests.
(b) The county commissioners shall have full power to
develop any lands so held and retained as county forests, and,
for such purposes, to employ persons, including especially those
unemployed and who are in need of public assistance, to sell any
forest products found or produced thereon, and to lease areas
thereof or buildings thereon at such prices or rentals as may be
agreed upon.
(c) The Department of Forests and Waters and the Board of
Game Commissioners shall assist, advise and cooperate with
counties in the development of county forests, and may furnish
technical assistance free and also nursery stock for planting on
such county forests for forest plantations and game cover, as
the case may require, at a price not exceeding the cost of
production.
(d) The county commissioners may, at any time, transfer any
such county forests to the Department of Forests and Waters or
the Board of Game Commissioners for State forests or State game
lands, for such price as may be agreed upon, and make deed
therefor to the purchaser, or they may make application, in the
manner prescribed in this act, for the transfer of such lands to
the State as State forests.
Section 6. (a) Whenever the county commissioners shall
desire to deed to the State for State forests any such seated or
unseated lands acquired as provided in this act, they shall make
application in writing to the Department of Forests and Waters,
using an application form furnished by that department. Such
lands shall not, however, be deemed to have been retained for
the purpose of transfer to the State for State forests until the
board of county commissioners shall first duly adopt a
resolution expressing their desire to file an application with
the Department of Forests and Waters to transfer such lands and
spread the resolution upon its minutes.
(b) In order to have its application accepted for the
establishment of State forests in a county, the board of county
commissioners must demonstrate to the Department of Forests and
Waters--
1. That it has in its possession a total of at least one
thousand acres of such land which it offers to deed to the State
for the establishment of State forests in the county, that no
single piece of such land is less than one hundred acres in
area, and that such one thousand acres is located within a
radius of five miles.
2. That it is willing to deed the necessary land free of any
and all costs to the State for the purpose of assisting in the
establishment of such State forests.
3. That it is willing to convey to the Department of Forests
and Waters all title, rights and control over the management of
such lands when established as State forests; in return for
which the State shall pay an annual charge of five cents (5¢)
per acre for such lands as are included in the State forests for
county, road and school purposes, in the same manner as in the
case of State forest lands, and a share of not to exceed twenty-
five per centum (25%) of the net income derived from the
operation of such State forests in the county, if and when such
net income eventuates, which shall be for the use of the county.
(c) After the date of the filing of an application for the
establishment of State forests in a county, if the application
appears to fulfill the necessary conditions, the Department of
Forests and Waters shall cause to be inspected the areas covered
by the said application. If after inspection the department
finds that the conditions on the ground are in accord with the
application and that they fulfill the legal requirements, then
the department shall notify the board of county commissioners
that its application has been accepted and shall instruct them
to proceed with the preparation of the necessary deeds and
papers required for the transfer of title to the lands to the
State for the establishment of a State forest. Upon the proper
conveyance of the title to the lands, the Department of Forests
and Waters shall proceed with the work of organizing the lands
as State forests following the dictates of sound forest and land
management.
(d) Each year the Department of Forests and Waters shall
file a report with the board of commissioners of the county,
which shall include a financial statement of receipts and
payments and net income, if any, covering the administration of
the State forests.
Section 7. After the establishment of State forests in any
county, if the board of county commissioners desires to add to
the area of the State forests by further transfers of unredeemed
seated or unseated lands held or acquired by the board in
accordance with the provisions of this act, they may do so by
making application with the Department of Forests and Waters in
the manner hereinbefore provided. The Department of Forests and
Waters is also herewith empowered to accept as gifts any lands
which in the department's judgment will be useful or valuable
additions to the State forests already established. The
Department of Forests and Waters is also authorized to add to
the area of State forests in a county through purchase, when
funds are available, at prices not to exceed five dollars
($5.00) per acre, and it is also empowered to make such
exchanges of land as in its judgment will benefit the State
forests.
Section 8. In every county where State forests are
established, the Department of Forests and Waters, acting in
cooperation with the board of county commissioners, shall
appoint a local State Forest Advisory Council for that county.
This council shall consist of nine persons, who shall serve
without pay, and whose duties shall be educational and advisory.
As far as possible, the council should include public spirited
residents of the county from the following walks of life:
1. A farmer working on a farm in the county.
2. A woodsworker in the forests of the county.
3. A teacher from a rural school.
4. A teacher from a high school or college in the county.
5. A logger or sawmill man operating in the county.
6. A labor union delegate from a labor union in the county.
7. A worker from a wood-using industry in the county.
8. A representative from a sportsmen's organization in the
county.
It shall be the duty of this council to be the intermediary
between the people of the county and the representative of the
Department of Forests and Waters administrating the State
forests in the county. The appointments to the council shall be
for three years, and shall rotate by having three new
appointments and three terminations occur annually.
Section 9. All acts and parts of acts inconsistent herewith
are hereby repealed.
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