The final road block standing in the way of completion of I-99 between Bald Eagle and State College was eliminated yesterday when the Pennsylvania Game Commission Commissioners voted 6-0 to approve a negotiated financial deal for affected acreage.
“Today’s action, in combination with the announcement last week by Governor-elect Ed Rendell that his reservations about the route were being lifted, clears the way for progress toward completing a highway that is vital to the economic hopes of our area,” said State Senate Pro Tempore Robert Jubelirer. “We’re no longer facing the prospect of delays in the construction schedule of this key section. This is a great way to begin the New Year, with a necessary and timely demonstration of the right kind of leadership.”
The Game Commission said Tuesday it would cede 69 acres of State Game Lands 278 in Blair County to PENNDOT for a construction corridor for I-99, which will bisect the game land. In exchange, PENNDOT would pay the Game Commission $508,000, which would be reserved for future land acquisitions.
PENNDOT also agreed to purchase 36 acres from a third party that it would give to the Game Commission to expand state Game Lands 278; if that sale falls through, PENNDOT will pay an additional $50,000.
Jubelirer commended Governor Mark Schweiker, administration officials and the Game Commission for making the moves needed to reach a fair and acceptable agreement.
“It was a matter of matching the properties and the dollars,” said Jubelirer. “This made sure the interests of transportationprogress and of our sportsmen were both honored. The Governor wanted to see this matter decided once-and-for-all before his term ended.”
The terms approved by the Game Commission largely conform to those set out by PENNDOT, but some of the details still must be worked out.
“I believe that we are close to an agreement,” said George Khoury, PENNDOT’s district engineer in Clearfield. “But I would not characterize it as saying that we are completely there yet.”
Game Commission spokesman Jerry Feaser said the original terms would make PENNDOT responsible for only $7,000 per acre in damages if there are environmental problems during construction of the highway. The Game Commission wants to be able to recover full damages.
“As far as the project is concerned, it’s approved, provided we can work out at the staff level the details on the language,” Feaser said. “We still want to retain our options that if an environmental situation occurs we have our ability to seek redress in bringing the area back up to environmental expectations.”
“I think that people on both sides realized that a stand-off between two state agencies was not productive for anyone,” said Jubelirer. “The most important thing was for Pennsylvania to end up a winner. It took some time and some serious negotiation to bring the two sides together, but we came out in the right place.”
Last year, PENNDOT went to court, asking a judge to condemn part of the game land after the two agencies could not agree on terms of a transfer. PENNDOT wants to build along the top of the ridge line; the Game Commission said that land was too environmentally sensitive and that PENNDOT should find another place to build.
In November, the court sided with PENNDOT, saying the PENNDOT had the right to condemn the land if the two agencies couldn’t come to terms.
Jeanne Clark, spokeswoman for the environmental group Citizens for Pennsylvania’s Future, said her group and sportsmen’s groups were considering whether they could continue their legal challenge to the highway’s construction.
“Once the Game Commission decides not to fight PENNDOT on it, pretty much everyone else is not able to do anything. If they’re not going to do anything, that option is closed,” Clark said. “Our clients are very upset about this. They feel that the sporting community paid for this land and it’s being taken away from them.”
Jubleirer has urged the Game Commission to withdraw its appeal of the Blair County court decision. That step can be accomplished by administrative action.
Construction for the next phase of I-99 is scheduled to begin in March 2003 and the project is scheduled to be completed in 2007.
Editor’s Note: Associated Press Writer Dan Lewerenz contributed to this story.
