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.