Subchapter K. IMPLEMENTATION OF KEYSTONE RECREATION, PARK AND CONSERVATION FUND ACT
Sec.
135.201. Definitions.
135.202. Project identification.
135.203. Project approval.
The provisions of this Subchapter K issued under sections 8 and 12 of the Keystone Recreation, Park and Conservation Fund Act (32 P. S. § § 2018 and 2022), unless otherwise noted.
The provisions of this Subchapter K adopted November 4, 1994, effective November 5, 1994, 24 Pa.B. 5561, unless otherwise noted.
(a) The definitions of ‘‘acquisition,’’ ‘‘development,’’ ‘‘planning,’’ ‘‘rehabilitation,’’ ‘‘natural areas,’’ ‘‘recreational areas’’ and ‘‘technical assistance’’ set forth in section 3 of the Keystone Recreation, Park and Conservation Fund Act (act) (32 P. S. § 2011) shall be used for this program.
(b) The definition of ‘‘game lands,’’ as used in this subchapter means lands, waters, buildings, structures and facilities, under ownership, lease or control of the Commission, acquired, developed, constructed, erected, maintained or rehabilitated for hunting, trapping and the protection and management of wildlife habitat, including lands or easements, parking areas, storage facilities, offices, maintenance buildings, roads or related facilities.
(c) ‘‘Recreation areas’’ has the same meaning as ‘‘recreational areas’’ set forth in section 3 of act.
(a) The staff will identify and recommend proposed projects to be funded using bond revenues to the Executive Office.
(b) The Executive Office will provide members of the Commission information about projects proposed for funding with bond issue revenues.
The Commission will approve or disapprove projects to be funded with bond revenues by a majority vote of the members of the Commission who are present and voting at a public meeting.
Sec. The provisions of this Subchapter L issued under the Game and Wildlife Code, 34 Pa.C.S. § § 721(a) and 2102(a), unless otherwise noted.§ 135.201. Definitions.
§ 135.202. Project identification.
§ 135.203. Project approval.
135.221. Scope.
135.222. Definitions.
135.223. Application process and application and processing fee.
135.224. Damage assessments.
135.225. Annual fees and security requirements.
The provisions of this Subchapter L adopted March 23, 2007, effective March 24, 2007, 37 Pa.B. 1309, unless otherwise noted.
This subchapter provides for licensing rights-of-way across land to which title has been acquired for the Commission’s use. Except as noted, this subchapter does not apply to Letters of Authorization or leases for natural resources recovery that are approved by the Commission under other provisions of law.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
(a) Application. A person or entity requesting a license for right-of-way shall submit a completed application on a form supplied by the Commission. A description of alternatives considered in the project location and design shall be included with the application.
(b) Processing fee. A nonrefundable fee of $150 payable to the Pennsylvania Game Commission shall be submitted with the application. This fee is nonrefundable whether the license is approved or denied.
(a) Surface damage assessment. A minimum fee of $400 per acre or partial acre, prorated for each acre over 1, will be charged.
(b) Timber damage assessment. Cutting of timber products shall be assessed the greater of double stumpage value or as assessed by conducting a comprehensive timber value assessment. Values for timber or areas not originally assessed but damaged during the construction process, may be assessed at any time and billed to the licensee.
§ 135.221. Scope.
§ 135.222. Definitions.
Application and processing fee—A one time cost recovery charge that reimburses the Commission in advance for some of the expected administrative costs incurred in the processing of right-of-way applications, assignments and amendments.
Double stumpage—A multiple of two times the value of timber as calculated under standard operating procedure of the Commission.
Inflationary provision—An automatic adjustment to the license fee.
Late fee—A charge imposed upon license fees remaining unpaid after the due date.
License fee—A yearly charge that compensates the Commission annually in advance for the privilege of using the property as outlined in the license.
License for right-of-way—A revocable permission for uses as allowed under section 725 of the code (relating to rights-of-way, easements and licenses).
Surface damage assessment—A one time cost recovery fee that reimburses the Commission in advance for loss of shrubs and herbaceous growth, wildlife food and cover, or other habitat and management impacts and environmental degradation, whether permanent or temporary in nature.
Temporary road use permits—Temporary permit for use of existing State game lands roads which would otherwise be licenses for rights-of-way, but which are limited in duration to 12 months or less.
Timber damage assessment—A one time cost recovery charge that reimburses the Commission in advance for timber damage, whether permanent or temporary in nature.
§ 135.223. Application and processing fee.
§ 135.224. Damage assessments.