Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 61 - Environmental Stewardship and Watershed Protection
Section 6105 - Agencies

§ 6105. Agencies.
(a) The Department of Conservation and Natural Resources.--
(1) The Department of Conservation and Natural Resources shall utilize money it receives from the fund for the following purposes:
(i) To rehabilitate, repair and develop State park and State forest lands and facilities and the acquisition of interior lands within State parks and State forests.
(ii) To provide grants to a county or other municipality, council of governments, conservation districts and authorized organizations for the purpose of planning, education, acquisition, development, rehabilitation and repair of greenways, recreational trails, open space, natural areas, river corridors, watersheds, community and heritage parks and recreation facilities; community conservation and beautification projects; forest conservation; and other conservation purposes. Grants under this paragraph may not be used by an authorized organization for land acquisition unless the authorized organization obtains the approval of all counties in which the land is situated. Grant moneys may also be used for the acquisition of farmland for the purposes set forth in this paragraph.
(iii) To provide grants to a county or other municipality and authorized organizations for the purpose of research, planning, inventories and technical assistance intended to protect and conserve the biological diversity of this Commonwealth.
(2) The Department of Conservation and Natural Resources may require matching funds as a condition of the award of a grant under this subsection.
(b) The Department of Environmental Protection.--
(1) The Department of Environmental Protection shall utilize money it receives from the fund for the following purposes:
(i) To implement acid mine drainage abatement and cleanup efforts and plug abandoned and orphan oil and gas wells.
(ii) To provide funding for technical assistance and financial incentives to facilitate remining.
(iii) To provide grants to a county or other municipality, council of governments, county conservation districts, watershed organizations and other authorized organizations for acid mine drainage abatement, mine cleanup efforts and well plugging.
(iv) To provide grants and technical assistance to a county or other municipality, council of governments, county conservation districts, watershed organizations and other authorized organizations to plan and implement local watershed-based conservation efforts.
(v) To improve water-quality-impaired watersheds, including those polluted by past mining activities, agricultural and urban runoff, atmospheric deposition, on-lot sewage systems and earthmoving activities.
(vi) (Deleted by amendment).
(vii) For watershed protection.
(2) County conservation districts may further distribute grants received under this section to watershed organizations and other authorized organizations to assist in the implementation of this chapter.
(3) The Department of Environmental Protection may require matching funds as a condition of the award of a grant under this subsection.
(4) For the period commencing with the effective date of this chapter and ending June 30, 2004, the Department of Environmental Protection may utilize up to 10% of the money allocated annually to it under section 6104(d) (relating to fund) to provide grants for safe drinking water projects and wastewater treatment projects. Grants under this paragraph shall be made for the same purposes and shall be subject to the same limitations as grants authorized in section 6110.
(c) Department of Agriculture.--Funds allocated to the Department of Agriculture under this chapter shall be deposited in the Agricultural Conservation Easement Purchase Fund and are subject to the provisions of the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law.
(d) The authority.--The authority shall utilize money it receives from the fund to provide financial assistance in the form of grants and matching grants for storm water, water and sewer infrastructure projects, including construction or rehabilitation of collection and conveyance systems. The authority shall develop criteria to be used to award grants under this subsection. The criteria and proposed changes thereto shall be submitted to the Environmental Resources and Energy Committee of the Senate and the Environmental Resources and Energy Committee of the House of Representatives for review and comment. The committees shall have 60 days to submit comments to the authority. Criteria shall be reviewed by the authority and the committees at least once every three years.
(e) Administrative expense limitation.--The departments and the authority may not expend more than 2.5% of the moneys received from the fund on administrative expenses. The Department of Environmental Protection may not expend more than an aggregate of 2.5% of the moneys received from the fund and the moneys directed to the Hazardous Sites Cleanup Fund pursuant to section 6104(d)(4) and (5) on administrative expenses. Grant recipients that receive moneys from the fund for the purposes set forth in this section may not expend more than 5% of the moneys received from the fund on administrative expenses.
(f) Expenditure limitation.--No moneys made available through the fund shall be used for any purpose which, directly or indirectly, precludes access to or use of any forested land for the practice of sustainable forestry and commercial production of timber or other forest products. This subsection shall not apply to funds used by the Department of Conservation and Natural Resources, counties or municipalities for the purchase or improvement of park land to be used for public recreation.
(g) Regulations.--The departments and the authority may promulgate regulations necessary to carry out the purposes of this chapter. (July 13, 2005, P.L.213, No.45, eff. imd.)
2005 Amendment. Act 45 amended subsecs. (a), (b) and (e).
References in Text. Section 6110, referred to in subsec. (b)(4), was deleted by amendment.
Cross References. Section 6105 is referred to in section 6108 of this title.