Pennsylvania Act 1923-250 — UTILITY LINES OVER FOREST LANDS

Act text

UTILITY LINES OVER FOREST LANDS
                  Act of May 28, 1923, P.L. 458, No. 250              Cl. 32
                                  AN ACT

     Authorizing the Department of Forestry, with the approval of the
        Governor and Attorney General, to lease for periods of not
        more than fifty years, on terms, conditions, and stipulations
        expressed in each lease, any portions of the State forests
        for dams, reservoirs, canals, pipe lines and other water
        conduits, power houses and transmission lines, for the
        development of water power, for steam raising and
        condensation, and for the generation and transmission of
        electric energy.

        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 Forestry by Act 250 of 1923.
        Section 1.  Be it enacted, &c., That the Department of
     Forestry, with the approval of the Governor and Attorney
     General, is hereby authorized, in its discretion, to lease for
     periods of not more than fifty years any portions of the State
     forests for use as sites for dams and other water obstructions,
     reservoirs, canals, pipe lines, and/or other water conduits for
     the purpose of the development of water power and/or for the
     main purpose of storage, conveyance, and/or cooling of water for
     steam raising and/or steam condensation in the generation of
     electric energy for public service, and/or for use as sites for
     power houses and/or transmission lines for the generation and
     transmission of electric energy. Every such lease shall be on
     such terms, conditions, and stipulations, expressed in each
     lease, as the department, with the approval of the Governor and
     Attorney General, shall deem necessary for the protection of the
     present and future interests of the Commonwealth and its people
     and suitable for affording a reasonable opportunity for a fair
     return on the actual investment prudently made on the faith of
     such lease, which may include provisions not repugnant to the
     rights of the United States, its permittees, licensees, or
     transferees, existing at the time of the making of such lease,
     reserving an option in the Commonwealth to renew or extend for
     not more than fifty (50) years such lease, or to take over the
     project works, by and for itself or by and for another
     prospective lessee, upon payment by the Commonwealth or by such
     other prospective lessee of the actual net investment in the
     project works, by which is meant a complete unit of improvement
     or development consisting of a power house and appurtenant
     works, all water conduits, all dams and works appurtenant
     thereto which are a part of said unit, and all storage,
     diverting, or forebay reservoirs directly connected therewith,
     the primary line or lines transmitting power from the power
     house to the point of junction with the distribution system or
     with an interconnected primary transmission system, all
     miscellaneous structures used and useful in connection with such
     unit or any part thereof, and all water rights, rights of way,
     ditches, dams, reservoirs, lands, or interest in lands, the use
     and occupancy of which are necessary or appropriate in the
     maintenance and operation of such unit.