71 Pa. Stat. § 1357.3

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 1357.3 - Development of resources on state-owned land
(a)Authority.--The department has the following powers:
(1) To make and execute contracts or leases in the name of the Commonwealth for the mining or removal of valuable coal, oil, natural gas, coal bed methane and limestone which may be found in or beneath State-owned land and to convey Commonwealth rights to coal, oil, natural gas, coal bed methane and limestone.
(2) To grant a right-of-way through State-owned land to any individual or corporation that applies if the department determines that the grant will not so adversely affect the land as to interfere with its usual and orderly administration.
(3) To cooperate with, consult with or delegate to the Department of Conservation and Natural Resources, pursuant to its authority in the act of June 28, 1995 (P.L.89, No.18), known as the Conservation and Natural Resources Act, in carrying out the provisions of this act.
(b) Advertising.--
(1) A proposed contract, lease or conveyance of coal, oil, natural gas, coal bed methane and limestone exceeding $1,000 in value must be advertised once a week for three weeks, in at least two newspapers of general circulation published nearest the locality indicated, in advance of awarding the contract or lease.
(2) If the proposed conveyance is included in the proposed conveyance of the real property to which it is attached, the department shall comply with the advertising requirements for the conveyance of the real property.
(c) Bidding.--
(1) Except as set forth in paragraphs (2) and (3), contracts , leases and conveyances shall be awarded to the highest and best bidder. If title to the property has already been conveyed, but the Commonwealth has reserved the right to coal, oil, natural gas, coal bed methane or limestone , the Commonwealth may convey the resources to the owner of the fee without bidding.
(2)The requirement for competitive bidding may be waived if the Commonwealth owns a fractional interest in the coal, oil, natural gas, coal bed methane or limestone in or beneath State-owned land; and the department may enter into a contract to lease that fractional interest, with the approval of the Governor and upon terms and conditions the department deems to be in the best interest of the Commonwealth.
(3) If a proposed conveyance under this section is included in the proposed conveyance of the real property to which it is attached, the award shall be made to the selected buyer of the real property.
(d)Bond.--A party that enters into a contract or lease under this section must provide a bond satisfactory to the department for the proper performance of the contract or lease.

71 P.S. § 1357.3

Added by P.L. 1194 2012 No. 147, § 3, eff. 10/8/2012.