As Reported by the Senate Environment and Natural Resources Committee

126th General Assembly
Regular Session
2005-2006
Sub. H. B. No. 157


Representatives Distel, Aslanides, McGregor, S. Patton, Seitz, C. Evans, Carano, Cassell, Hartnett, Brown, Strahorn, Perry, Gibbs, Setzer, Domenick, Allen, Blessing, Book, Chandler, Coley, Collier, Core, DeBose, Dolan, Driehaus, Fende, Flowers, Harwood, Hughes, Kearns, Key, Koziura, Latta, Law, Martin, Miller, Oelslager, Otterman, T. Patton, Reinhard, S. Smith, D. Stewart, J. Stewart, Taylor, Wagoner, Walcher, Williams, Woodard, Yates, Yuko 

Senators Grendell, Carey, Mumper, Fedor, Brady, Hagan 

A BILL
To amend section 1541.31 of the Revised Code and to 1
amend Sections 209.18 and 209.18.03 of Am. Sub. 2
H.B. 66 of the 126th General Assembly to revise 3
the Pymatuning Lake Compact, to exempt the 4
Division of Wildlife from making payments into the 5
Department of Natural Resources' Central Support 6
Indirect Fund, and to make an appropriation.7


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 1541.31 of the Revised Code be 8
amended to read as follows:9

       Sec. 1541.31.  That the compact or agreement mentioned below 10
and every article, matter and thing therein is hereby ratified and 11
approved and shall be and hereafter remain in force agreeable to 12
the true tenor and intent thereof.13

AGREEMENT BETWEEN THE COMMONWEALTH OF PENNSYLVANIA
14

AND THE STATE OF OHIO RE PYMATUNING LAKE
15

       This agreement made and concluded between the commonwealth of 16
Pennsylvania, acting by and through its lawfully authorized17
agency, namely, the water and power resources board, as party of18
the first part, and the state of Ohio, acting by and through its19
lawfully authorized agency, namely, its conservation commissioner, 20
as party of the second part,21

       Witnesseth:22

       Whereas, By act of assembly of Pennsylvania approved May 2,23
1929, P. L. 1503, as amended by acts of May 5, 1931, P. O. 84,24
April 24, 1933, P. L. 67, and July 9, 1935, P. L. 619, the25
department of forests and waters of Pennsylvania, acting through26
the water and power resources board, was authorized, inter alia,27
to complete the work begun and continued under an act approved28
July 25, 1913, P. L. 1270, entitled "An act providing for the29
erection of a dam at the outlet of Pymatuning swamp, and the30
establishment of a reservoir to conserve the waters thereof;31
providing for the taking of land and materials necessary thereto;32
vesting certain powers and duties in the water supply commission;33
and making an appropriation", and did duly complete said work,34
whereby there was created a lake or reservoir, now known and35
hereinafter called Pymatuning Lake, extending in part across the36
boundary line between said states of Ohio and Pennsylvania into37
the state of Ohio, and38

       Whereas, The primary purposes of the project by which said39
lake was created was to conserve water draining said swamp, all of 40
which has its source in Pennsylvania, as well as control floods 41
and regulate the flow of water in the Shenango and Beaver rivers, 42
and secondary thereto, permit the water and the land surrounding 43
the same to be used for fishing, hunting, recreation and park 44
purposes, under such terms and conditions as the water and power 45
resources board might determine, in such way or ways as in the 46
opinion of the said board will not materially interfere with the 47
primary purpose in said acts of assembly and hereinbefore 48
specifically referred to, and49

       Whereas, In view of the fact that a certain part of the lake 50
extends into the state of Ohio, whereby it is necessary and51
desirable that the use of the lake for the secondary purposes,52
namely, hunting, fishing, and recreational use, be uniformly53
provided for, as well as to guard against inconvenience and54
mischiefs which might hereafter arise from the uncertainty of55
jurisdiction within and on said lake, to the end that the lake may 56
be adequately policed and conflicts of jurisdiction for the arrest 57
and punishment of offenders be avoided.58

       Now, then, therefore, in order that law and justice may in59
all such cases be executed and take effect upon said lake from60
shore to shore in all parts and places thereof where the lake is a 61
boundary between said states, the said parties hereto do agree for 62
and in behalf of their respective states in the manner following:63

       1. General use. It is hereby agreed that the entire64
Pymatuning lake or reservoir, subject to the primary use thereof65
by the commonwealth of Pennsylvania for regulating the flow of the 66
water in the Shenango and Beaver rivers as in paragraph 967
hereinafter more specifically mentioned, shall be open for68
recreational use equally to the citizens of both contracting69
parties, save as restricted as to hunting, fishing, and boating in70
this agreement set forth, or hereafter mutually agreed upon by71
both parties but no person shall be permitted to hunt or fish72
therein or thereon unless the lawful holder of a fishing or73
hunting license, authorizing him or herthe holder so to do,74
issued by the proper authorities of Pennsylvania or of Ohio.75

       2. Arrest and prosecution of offenders. That each state shall 76
enjoy and exercise a concurrent jurisdiction upon the water (but 77
not upon the dry land), between the shores of said lake, including 78
the islands therein, with respect to the arrest and prosecution of 79
offenders, but in such sort that any boat or vessel fastened to or 80
aground on the shore of either state shall be considered 81
exclusively within the jurisdiction of said state; but that all 82
capital and other offenses, trespasses, or damages committed on or 83
over said lake, the judicial investigation and determination 84
thereof shall be exclusively vested in the state wherein the 85
offender or person charged with such offense shall be first 86
apprehended, arrested, prosecuted, or first brought to trial; it 87
being the intent of this agreement that an offender may be pursued 88
and arrested anywhere on or over said lake or shores thereof or 89
islands therein, regardless of the boundary lines, by any peace 90
officers or persons of either state authorized to make arrests, 91
whether the offenses be committed on or over any part of the lake, 92
on the shores or islands therein, regardless of the state in which 93
the place where the offense was committed lies.94

       3. Islands. All islands within the lake shall be considered 95
as part of the state of Pennsylvania.96

       4. Pollution of water. The lake shall be forever protected 97
against pollution of its waters by industrial trade waste, 98
individual, or municipal sewage from shore or boat, and the 99
discharge of any noxious or deleterious substance, liquid or100
solid, into the waters of the lake which is or may become101
inimical, or injurious, to public health or to animal or aquatic102
life is hereby expressly forbidden.103

       No sewage may be discharged into the waters of the lake104
except after complete treatment and then only upon permit first105
approved by the health department of both states.106

       5. Boats and vessels. No hydroplanes or aquaplanes, nor any 107
type of boat motorperson shall operate any watercraft propelled 108
by a single motor, or any combination of motors, that produces a 109
horsepower rating in excess of a ten horsepower rating shall be 110
operated anywhere on said lake, except suchon Pymatuning Lake, 111
except a pontoon boat sixteen feet in length or longer propelled 112
by a single motor, or any combination of motors, that produces a 113
horsepower rating of twenty horsepower or less and police or 114
administration motor boatswatercraft, to the number of which 115
shall be mutually agreed upon by the parties hereto. Sail boats, 116
row boats, canoes and boats propelled by a motor not in excess of 117
ten horsepower shall be permitted provided the owners118

       No person shall operate a watercraft without first obtain119
obtaining a license from the respective state of which the owner 120
is a resident under such regulations as each party to this121
agreement may now or hereafter adopt. Provided nevertheless that122
the use of any type of boatswatercraft equipped with a motor is 123
expressly limited and restricted to that portion of the lake 124
extending from the main dam near Jamestown northwardly to the 125
causeway at or near Linesville, and provided further, that any 126
boat. Watercraft equipped with a motor in excess of ten horsepower 127
rating may be operated on said lake so long as such motor is not 128
used, except for a pontoon boat that is sixteen feet in length or 129
longer. A motor of not more than ten horsepower rating may be 130
attached to the boat and used for propelling the boat on said131
lake.132

       No person shall ride or attempt to ride upon one or more 133
water skis, surfboards, towed inflatable devices, or similar 134
devices or use or operate any vessel to tow a person thereon.135

       Nothing contained in this subdivision shall be interpreted to 136
effect a change in the level or flow of water as determined or137
fixed by the department of environmentalconservation and natural138
resources.139

       Any one who violates any of the provisions of this subsection 140
or who operates any boat equipped with a motor on the lake without 141
being authorized to do so under the provisions of this 142
subdivision, shall upon conviction thereof, be sentenced to pay a 143
fine not to exceed fifty dollars and cost of prosecution and, in 144
default of payment of the fine and costs, shall undergo145
imprisonment not to exceed thirty daysin accordance with the 146
applicable laws for the same or similar violations within the 147
prosecuting jurisdiction, provided that the penalty for said 148
violation shall not exceed a fine of five hundred dollars or 149
imprisonment for thirty days.150

       6. Fishing. Any person possessing a duly issued fishing151
license by either state shall be permitted to fish anywhere on the 152
entire lake (except such portion thereof as is closed to fishing 153
by paragraph 8 hereof or such further portion as may hereafter by 154
regulation be mutually agreed to by the parties hereto), but no 155
fishermanfisher shall be entitled to fish from the shores of the 156
state of which hethe fisher is a nonresident unless hethe fisher157
complies with the nonresident fishing license law of said state.158

       In order to permit the fish to fully propagate and develop,159
no part of the lake shall be open for fishing until July 1, 1937,160
and thereafter shall be closed in each year between December 10161
and June 30.162

       Unless otherwise mutually agreed to by both parties hereto,163
the creel, size, and season limits for the respective kinds of164
fish caught shall be such as may hereafter be agreed upon between165
the two states.166

       7. Reciprocal hunting rights. Reciprocal hunting rights are 167
hereby granted to the licensed hunters of each state on the water 168
of that portion of the lake, both in Pennsylvania and Ohio, over 169
the area bounded on the south by an east and west line crossing 170
the state boundary 0.5 of a mile north of Simons, Ohio, and on the 171
north by a line drawn between the point at which the Padanaram 172
road crosses the state boundary and a point formerly known as the 173
Polleck bridge, but such reciprocal hunting rights hereby granted 174
shall extend only to such wild migratory birds as are covered by 175
the federal migratory bird treaty and federal laws adopted 176
thereunder.177

       Hunting in such portions of the lake as are not included in178
the area above described and designated shall be and remain under179
the jurisdiction of the commonwealth of Pennsylvania.180

       No permanent blinds shall be erected anywhere on the lake and 181
shores thereof, but this provision shall not be interpreted as 182
forbidding the use of a boat as a blind temporarily moored to or 183
grounded on the shore of the lake or islands thereof.184

       8. Wild game and fish sanctuaries. A. The game commission of 185
the state of Pennsylvania, having established a wild migratory 186
bird and game sanctuary or refuge in that part of the lake located 187
southeast of the Pennsylvania railroad crossing, it is expressly 188
agreed that nothing herein contained shall be interpreted as 189
entitling the residents of either state, whether licensed to fish 190
or hunt, or otherwise, to fish in, hunt, tresspasstrespass, or 191
enter upon said sanctuary for any purpose whatsoever. Anyone so 192
doing shall become amenable to prosecution therefor under the game 193
laws of the state of Pennsylvania applicable to game refuges.194

       B. The conservation division of the department of agriculture 195
of the state of Ohio, having established a fish sanctuary and game 196
refuge in the following portion of the lake:197

       Being the southerly parts of lots Nos. 79 and 80, Richmond198
township; all of lot No. 41, and all of lot No. 42, except the199
westerly 1000 feet thereof, in Andover township, Ashtabula county, 200
Ohio:201

       Beginning at a point in the west line of lot No. 79, that is 202
1523 feet south of the north line of lot No. 79; also being the 203
center line of Padanaram road; thence southerly along the county 204
highway along the westerly side of lot No. 79, 1869.5 feet to the 205
north line of Andover township; thence westerly along the206
northerly line of Andover township, 939.7 feet to the northwest207
corner of lot No. 41; thence southerly along the highway that208
marks the westerly line of lot No. 41, 2809.8 feet to the north209
line of lot No. 42; thence easterly along the north line of lot210
No. 42, 1000 feet to a point; thence in a southerly direction211
parallel to and 1000 feet easterly from the westerly line of lot212
No. 42, 2734 feet, more or less, to the southerly line of lot No.213
42; thence easterly along the said southerly line of lot No. 42,214
5180.4 feet to the Ohio and Pennsylvania state line; thence215
northerly along the said Ohio and Pennsylvania state line, 7297.6216
feet, more or less, to a point that is 1523 feet southerly from217
the north line of lot No. 80; thence in a westerly direction, 1523 218
feet southerly from and parallel to the north lines of lots Nos. 219
79 and 80, 5260 feet, more or less, to the place of beginning.220

       It is expressly agreed that nothing herein contained shall be 221
interpreted as entitling the residents of either state, whether 222
licensed to fish or otherwise, to fish in, hunt, trespass, or 223
enter upon said sanctuary for any purpose whatsoever. Anyone so 224
doing shall become amenable to prosecution therefor under the laws 225
of the state of Ohio applicable thereto.226

       9. Reservation of Pennsylvania's right to the body of the227
water. It is expressly agreed that nothing herein contained shall 228
operate to deny, limit, or restrict the right of the water and 229
power resources board of Pennsylvania, or any authority230
established hereafter by said state to exercise such power, to at231
any time now or hereafter, raise or draw off so much of the waters 232
of the lake as in its sole judgment may be necessary to maintain 233
or regulate the flow of the Shenango and Beaver rivers in 234
furtherance of the primary purpose for which said lake was235
established, and said water and power resources board shall,236
without let or hindrance, have the full right irrespective of237
other considerations, to release so much of the water as they may238
deem proper to maintain the flow of the Shenango and Beaver239
rivers, irrespective of its effect on the level of the lake or use 240
thereof for other purposes.241

       Section 2. That existing section 1541.31 of the Revised Code 242
is hereby repealed.243

       Section 3. That Sectons 209.18 and 209.18.03 of Am. Sub. H.B. 244
66 of the 126th General Assembly be amended to read as follows:245

       Sec. 209.18.  DNR DEPARTMENT OF NATURAL RESOURCES246

General Revenue Fund247

GRF 725-401 Wildlife-GRF Central Support $ 1,000,000 1,315,000 $ 1,000,000 1,365,000 248
GRF 725-404 Fountain Square Rental Payments - OBA $ 1,025,300 $ 1,092,000 249
GRF 725-407 Conservation Reserve Enhancement Program $ 1,000,000 $ 1,000,000 250
GRF 725-413 OPFC Lease Rental Payments $ 18,699,100 $ 20,962,800 251
GRF 725-423 Stream and Ground Water Gauging $ 311,910 $ 311,910 252
GRF 725-425 Wildlife License Reimbursement $ 646,319 $ 646,319 253
GRF 725-456 Canal Lands $ 332,859 $ 332,859 254
GRF 725-502 Soil and Water Districts $ 9,836,436 $ 9,836,436 255
GRF 725-903 Natural Resources General Obligation Debt Service $ 25,866,000 $ 24,359,100 256
GRF 727-321 Division of Forestry $ 8,541,511 $ 8,541,511 257
GRF 728-321 Division of Geological Survey $ 1,630,000 $ 1,630,000 258
GRF 729-321 Office of Information Technology $ 440,895 $ 440,895 259
GRF 730-321 Division of Parks and Recreation $ 37,874,841 $ 39,874,841 260
GRF 731-321 Office of Coastal Management $ 259,707 $ 259,707 261
GRF 733-321 Division of Water $ 3,257,619 $ 3,207,619 262
GRF 736-321 Division of Engineering $ 3,118,703 $ 3,118,703 263
GRF 737-321 Division of Soil and Water $ 4,074,788 $ 4,074,788 264
GRF 738-321 Division of Real Estate and Land Management $ 2,291,874 $ 2,291,874 265
GRF 741-321 Division of Natural Areas and Preserves $ 3,009,505 $ 3,009,505 266
GRF 744-321 Division of Mineral Resources Management $ 3,068,167 $ 3,068,167 267
TOTAL GRF General Revenue Fund $ 126,285,534 126,600,534 $ 129,059,034 129,424.034 268

General Services Fund Group269

155 725-601 Departmental Projects $ 3,135,821 $ 3,011,726 270
157 725-651 Central Support Indirect $ 6,528,675 $ 6,528,675 271
204 725-687 Information Services $ 4,676,627 $ 4,676,627 272
206 725-689 REALM Support Services $ 475,000 $ 475,000 273
207 725-690 Real Estate Services $ 64,000 $ 64,000 274
223 725-665 Law Enforcement Administration $ 2,096,225 $ 2,096,225 275
227 725-406 Parks Projects Personnel $ 175,000 $ 110,000 276
4D5 725-618 Recycled Materials $ 50,000 $ 50,000 277
4S9 725-622 NatureWorks Personnel $ 472,648 $ 307,648 278
4X8 725-662 Water Resources Council $ 125,000 $ 125,000 279
430 725-671 Canal Lands $ 797,582 $ 847,582 280
508 725-684 Natural Resources Publications $ 157,792 $ 157,792 281
510 725-631 Maintenance - State-owned Residences $ 260,849 $ 260,849 282
516 725-620 Water Management $ 2,442,956 $ 2,459,120 283
635 725-664 Fountain Square Facilities Management $ 3,182,223 $ 3,190,223 284
697 725-670 Submerged Lands $ 542,011 $ 542,011 285
TOTAL GSF General Services 286
Fund Group $ 25,182,409 $ 24,902,478 287

Federal Special Revenue Fund Group288

3B3 725-640 Federal Forest Pass-Thru $ 150,000 $ 150,000 289
3B4 725-641 Federal Flood Pass-Thru $ 350,000 $ 350,000 290
3B5 725-645 Federal Abandoned Mine Lands $ 14,310,497 $ 14,307,666 291
3B6 725-653 Federal Land and Water Conservation Grants $ 5,000,000 $ 5,000,000 292
3B7 725-654 Reclamation - Regulatory $ 2,107,292 $ 2,107,291 293
3P0 725-630 Natural Areas and Preserves - Federal $ 315,000 $ 315,000 294
3P1 725-632 Geological Survey - Federal $ 479,651 $ 479,651 295
3P2 725-642 Oil and Gas-Federal $ 362,933 $ 367,912 296
3P3 725-650 Coastal Management - Federal $ 1,592,923 $ 1,607,686 297
3P4 725-660 Water - Federal $ 419,766 $ 420,525 298
3R5 725-673 Acid Mine Drainage Abatement/Treatment $ 2,225,000 $ 2,225,000 299
3Z5 725-657 REALM-Federal $ 1,578,871 $ 1,578,871 300
328 725-603 Forestry Federal $ 1,813,827 $ 2,228,081 301
332 725-669 Federal Mine Safety Grant $ 258,102 $ 258,102 302
TOTAL FED Federal Special Revenue 303
Fund Group $ 30,963,862 $ 31,395,785 304

State Special Revenue Fund Group305

4J2 725-628 Injection Well Review $ 93,957 $ 79,957 306
4M7 725-631 Wildfire Suppression $ 100,000 $ 100,000 307
4U6 725-668 Scenic Rivers Protection $ 407,100 $ 407,100 308
5BV 725-683 Soil and Water Districts $ 1,850,000 $ 1,850,000 309
5B3 725-674 Mining Regulation $ 28,850 $ 28,850 310
5BV 725-683 Soil and Water Districts $ 1,850,000 $ 1,850,000 311
5P2 725-634 Wildlife Boater Angler Administration $ 4,200,000 $ 3,500,000 312
509 725-602 State Forest $ 2,291,664 $ 2,591,664 313
511 725-646 Ohio Geological Mapping $ 549,310 $ 549,310 314
512 725-605 State Parks Operations $ 26,814,288 $ 26,814,288 315
512 725-680 Parks Facilities Maintenance $ 2,576,240 $ 2,576,240 316
514 725-606 Lake Erie Shoreline $ 612,075 $ 657,113 317
518 725-643 Oil and Gas Permit Fees $ 2,674,377 $ 2,674,378 318
518 725-677 Oil and Gas Well Plugging $ 1,200,000 $ 1,200,000 319
521 725-627 Off-Road Vehicle Trails $ 143,490 $ 143,490 320
522 725-656 Natural Areas Checkoff Funds $ 1,550,670 $ 1,550,670 321
526 725-610 Strip Mining Administration Fee $ 1,932,492 $ 1,932,492 322
527 725-637 Surface Mining Administration $ 2,312,815 $ 2,322,702 323
529 725-639 Unreclaimed Land Fund $ 623,356 $ 631,257 324
531 725-648 Reclamation Forfeiture $ 2,061,861 $ 2,062,237 325
532 725-644 Litter Control and Recycling $ 7,100,000 $ 7,100,000 326
586 725-633 Scrap Tire Program $ 1,000,000 $ 1,000,000 327
615 725-661 Dam Safety $ 365,223 $ 365,223 328
TOTAL SSR State Special Revenue 329
Fund Group $ 60,487,768 $ 60,136,971 330

Clean Ohio Fund Group331

061 725-405 Clean Ohio Operating $ 155,000 $ 155,000 332
TOTAL CLF Clean Ohio Fund Group $ 155,000 $ 155,000 333

Wildlife Fund Group334

015 740-401 Division of Wildlife Conservation $ 49,447,500 $ 50,447,500 335
815 725-636 Cooperative Management Projects $ 120,449 $ 120,449 336
816 725-649 Wetlands Habitat $ 966,885 $ 966,885 337
817 725-655 Wildlife Conservation Checkoff Fund $ 5,000,000 $ 5,000,000 338
818 725-629 Cooperative Fisheries Research $ 1,500,000 $ 1,500,000 339
819 725-685 Ohio River Management $ 128,584 $ 128,584 340
TOTAL WLF Wildlife Fund Group $ 57,163,418 $ 58,163,418 341

Waterways Safety Fund Group342

086 725-414 Waterways Improvement $ 3,792,343 $ 3,792,343 343
086 725-418 Buoy Placement $ 52,182 $ 52,182 344
086 725-501 Waterway Safety Grants $ 137,867 $ 137,867 345
086 725-506 Watercraft Marine Patrol $ 576,153 $ 576,153 346
086 725-513 Watercraft Educational Grants $ 366,643 $ 366,643 347
086 739-401 Division of Watercraft $ 20,027,909 $ 20,086,681 348
5AW 725-682 Watercraft Revolving Loans $ 3,000,000 $ 1,000,000 349
TOTAL WSF Waterways Safety Fund 350
Group $ 27,953,097 $ 26,011,869 351

Holding Account Redistribution Fund Group352

R17 725-659 Performance Cash Bond Refunds $ 374,263 $ 374,263 353
R43 725-624 Forestry $ 2,500,000 $ 1,500,000 354
TOTAL 090 Holding Account 355
Redistribution Fund Group $ 2,874,263 $ 1,874,263 356

Accrued Leave Liability Fund Group357

4M8 725-675 FOP Contract $ 20,844 $ 20,844 358
TOTAL ALF Accrued Leave 359
Liability Fund Group $ 20,844 $ 20,844 360
TOTAL ALL BUDGET FUND GROUPS $ 331,086,195 331,401,195 $ 331,719,662 332,084,662 361


       Sec. 209.18.03.  CENTRAL SUPPORT INDIRECT363

       With the exception of the Division of Wildlife, whose direct 364
and indirect central support charges shall be paid out of the 365
General Revenue Fund from the foregoing appropriation item 366
725-401, Wildlife-GRF Central Support, the Department of Natural 367
Resources, with approval of the Director of Budget and Management, 368
shall utilize a methodology for determining each division's 369
payments into the Central Support Indirect Fund (Fund 157). The 370
methodology used shall contain the characteristics of 371
administrative ease and uniform application in compliance with 372
federal grant requirements. It may include direct cost charges for 373
specific services provided. Payments to the Central Support 374
Indirect Fund (Fund 157) shall be made using an intrastate 375
transfer voucher.376

       Section 4. That existing Sections 209.18 and 209.18.03 of Am. 377
Sub. H.B. 66 of the 126th General Assembly are hereby repealed.378

       Section 5. Sections 3, 4, and 5 of this act, and the items of 379
law of which such sections are composed, are not subject to the 380
referendum. Therefore, under Ohio Constitution, Article II, 381
Section 1d and section 1.471 of the Revised Code, such sections, 382
and the items of law of which such sections are composed, go into 383
immediate effect when this act becomes law.384