PRINTER'S NO. 3189
No. 2373 Session of 1976
INTRODUCED BY RUGGIERO, LAUDADIO, MANMILLER, PRENDERGAST,
KOWALYSHYN, FRYER, ZWIKL, ZELLER, SELTZER, GALLEN, LaMARCA,
REED, A. C. FOSTER JR., W. W. FOSTER AND SCHEAFFER,
MAY 13, 1976
REFERRED TO COMMITTEE ON CONSERVATION, MAY 17, 1976
AN ACT
1 Authorizing the Commonwealth of Pennsylvania, through the
2 Department of Environmental Resources, to enter into such
3 agreements and to acquire such interest as may be necessary
4 to establish, protect and maintain the Appalachian Trail,
5 providing for the establishment, protection and maintenance
6 of such trail and making an appropriation.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short Title.--This act shall be known and may be
10 cited as the "Pennsylvania Appalachian Trail Act."
11 Section 2. Policy and Purpose.--In order to implement
12 Article I, section 27 of the Constitution of Pennsylvania with
13 respect to the Appalachian Trail in Pennsylvania as a source of
14 natural, scenic, historic and esthetic values to be preserved
15 and as a public natural resource to be conserved and maintained
16 for the benefit of all the people. The General Assembly finds as
17 a matter of legislative policy that planning and zoning by a
18 municipality, as municipality is defined in the act of July 31,
19 1968 (P.L.805, No.247), known as the "Pennsylvania
1 Municipalities Planning Code," as amended to implement Article
2 I, section 27 as stated is a valid exercise of the police power
3 under that code.
4 Section 3. Powers of Department.--The Commonwealth of
5 Pennsylvania, through the Department of Environmental Resources,
6 hereinafter referred to as the department, is authorized
7 independent of any action by a municipality under section 4: (i)
8 to enter into written cooperative agreements with political
9 subdivisions land owners, private organizations and individuals;
10 and (ii) to acquire by agreement, gift, eminent domain or
11 purchase land, rights-of-way and easements for the purpose of
12 establishing, protecting and maintaining a walking trail right-
13 of-way across this Commonwealth, now generally known as the
14 Appalachian Trail, under such terms and conditions, including
15 payment by the department in lieu of property taxes on trail
16 lands or property so acquired or subject to such use in
17 accordance with the act of May 17, 1929 (P.L.1798, No.591),
18 relating to payments made by the Commonwealth in lieu of taxes
19 as shall protect the interests of the actual or adjacent land
20 owners, or land users and as shall further the purposes of this
21 act but in the event of acquisition by eminent domain the total
22 amount of land so acquired shall not exceed an average of 25
23 acres per mile of trail. Any department or agency of the
24 Commonwealth, or any political subdivision, may transfer to the
25 department land or rights in land for these purposes, on terms
26 and conditions as agreed upon, or may enter into an agreement
27 with the department providing for the establishment and
28 protection of the trail.
29 The Appalachian Trail shall be held, developed and
30 administered primarily as a footpath, consonant with the
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1 provisions of the National Trails Systems Act applicable to the
2 Appalachian Trail as part of the National Scenic Trails System,
3 and the natural scenic beauty thereof shall be preserved in so
4 far as is practicable. The use of motorized vehicles by the
5 general public along the trail is prohibited: Provided, That the
6 owner of private land over which the trail passes may use or
7 authorize use of motorized vehicles on or across the trail for
8 non-recreational purposes incident to ownership and management
9 of the land: And, provided further, That the department may
10 authorize use of the trail by motorized emergency vehicles. The
11 department may permit other uses of the trail and land acquired
12 hereunder, by the owner of adjoining land or others, in a manner
13 and for purposes as will not substantially interfere with the
14 primary use of the trail, and may grant temporary or permanent
15 rights-of-way across lands acquired under this act under terms
16 and conditions deemed advisable. Nothing in this act shall be
17 construed to limit the right of the public to pass over public
18 roads which are part of the trail, or to prevent the department
19 from performing work necessary for the purpose of forest fire
20 prevention and control, insect, pest and disease control, and
21 the removal of damage caused by natural disaster, or to prohibit
22 or authorize the prohibition of the construction, operation or
23 maintenance by a public utility of overhead or underground
24 facilities at points of intersection with or in close proximity
25 to the trail. The department may enter into cooperative
26 agreements with agencies of the Federal Government, political
27 subdivisions or with private organizations to provide for the
28 maintenance of the trail. No person who has granted a right-of-
29 way for the trail across his land, or his successor in title,
30 shall be liable to any user of the trail for injuries suffered
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1 on such portion of the trail unless the same are caused by his
2 willful or wanton misconduct.
3 Section 4. Municipalities; Powers and Duties.--Political
4 subdivision, including municipalities as defined in the
5 Pennsylvania Municipalities Planning Code, through which the
6 Appalachian Trail passes shall have the power and their duty
7 shall be to take such action consistent with applicable law, as
8 at least an interim measure, to preserve the natural, scenic,
9 historic and esthetic values of the trail and to conserve and
10 maintain it as a public natural resource. Such municipalities
11 may act hereunder in that section of the municipality through
12 which the Appalachian Trail passes without zoning the entire
13 municipality as required under section 605 of the Pennsylvania
14 Municipalities Planning Code.
15 Section 5. Appropriation.--The sum of $250,000, or as much
16 thereof as may be necessary, is hereby specifically appropriated
17 for the remainder of the present fiscal year to the department
18 for acquisition of the trail including administrative cost and
19 related planning. The balance of the foregoing appropriation
20 which remains unexpended, unencumbered or uncommitted at the end
21 of the present fiscal year shall not lapse but shall remain to
22 the credit of the department until expended in accordance with
23 the provisions of this appropriation.
24 Section 6. Effective Date.--This act shall take effect
25 immediately.
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