PRIOR PRINTER'S NO. 3134 PRINTER'S NO. 3246
No. 2406 Session of 1980
INTRODUCED BY MESSRS. BITTLE, E. R. LYNCH, E. H. SMITH, FEE,
D. R. WRIGHT, YAHNER, WILT, STEIGHNER, L. E. SMITH, DeVERTER,
BURD, LETTERMAN, HELFRICK AND MADIGAN, MARCH 24, 1980
AS REPORTED FROM COMMITTEE ON CONSERVATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 29, 1980
AN ACT
1 Amending the act of December 5, 1972 (P.L.1277, No.283),
2 entitled "An act authorizing the establishment of the
3 Pennsylvania Scenic Rivers System; defining certain terms
4 relating thereto; imposing certain powers and duties on the
5 Department of Environmental Resources and the secretary
6 thereof and authorizing the use of the power of eminent
7 domain in certain cases," removing provisions relating to
8 eminent domain and adding an additional classification known
9 as pastoral rivers.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The title, sections 3, 4, 5, 6, 7, 8 and 9 act of
13 December 5, 1972 (P.L.1277, No.283), known as the "Pennsylvania
14 Scenic Rivers Act," are amended to read:
15 AN ACT
16 Authorizing the establishment of the Pennsylvania Scenic Rivers
17 System; defining certain terms relating thereto; imposing
18 certain powers and duties on the Department of Environmental
19 Resources and the secretary thereof [and authorizing the use
20 of the power of eminent domain in certain cases].
1 Section 3. Definitions.--As used in this act:
2 (1) "River" means a flowing body of water or estuary or a
3 section, portion, or tributary thereof, including rivers,
4 streams, creeks, runs, kills, rills, and small lakes.
5 (2) "Free-flowing" as applied to any river or section of a
6 river, means existing or flowing in natural condition without
7 impoundment, diversion, straightening, riprapping, or other
8 modification of the waterway except in segments classified as
9 modified recreational rivers. The existence, however, of low
10 dams, diversion works, and other minor structures at the time
11 any river is proposed for inclusion in the Pennsylvania Scenic
12 Rivers System shall not automatically bar its consideration for
13 such inclusion: Provided, That this shall not be construed to
14 authorize, intend, or encourage future construction of such
15 structures within components of the Pennsylvania Scenic Rivers
16 System.
17 [(3) "Scenic easement" means the right to control the use of
18 land for the purpose of protecting the scenic values of the
19 river valley, but such control shall not affect, without the
20 owner's consent, any regular use exercised prior to the
21 acquisition of the easement.]
22 Section 4. Pennsylvania Scenic Rivers System.--(a) The
23 Pennsylvania Scenic Rivers System shall comprise rivers:
24 (1) That are recommended as wild, scenic, PASTORAL, <--
25 recreational, or modified recreational rivers by the Department
26 of Environmental Resources; and
27 (2) That are authorized for inclusion therein by law.
28 (b) A wild, scenic, pastoral, recreational, or modified
29 recreational river area eligible to be included in the system is
30 a free-flowing stream and the related adjacent land area that
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1 possesses one or more of the values referred to in section 2 of
2 this act. Every such river shall be classified, designated and
3 administered as one of the following:
4 (1) Wild river areas - those rivers or sections of rivers
5 that are free of impoundments and generally inaccessible except
6 by trail, with watersheds or shorelines essentially primitive
7 and waters unpolluted.
8 (2) Scenic river areas - those rivers or sections of rivers
9 that are free of impoundments, with shorelines or watersheds
10 still largely primitive and undeveloped, but accessible in
11 places by roads.
12 (3) Pastoral rivers - those rivers or sections of rivers
13 which are free of impoundments excepting historic or restored
14 mill dams. Minor diversions or withdrawals may exist to support
15 agricultural activities such as small agricultural ponds. The
16 shorelines or watersheds may support a full range of farm or
17 farm-related activities, so long as these activities do not
18 conflict with the pastoral nature of the landscape.
19 [(3)] (4) Recreational rivers - those rivers or sections of
20 rivers that are readily accessible, that may have some
21 development along their shorelines and may have undergone some
22 impoundment or diversion in the past.
23 [(4)] (5) Modified recreational rivers - those rivers or
24 sections of rivers in which the flow may be regulated by control
25 devices located upstream. Low dams are permitted in the reach so
26 long as they do not increase the river beyond bank-full width.
27 These reaches are used for human activities which do not
28 substantially interfere with public use of the streams or the
29 enjoyment of their surroundings.
30 Section 5. Potential Designated Rivers as Components of the
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1 Pennsylvania Scenic Rivers System; Public Hearings.--(a) The
2 Department of Environmental Resources shall study, conduct
3 public hearings as provided in section 5 (b) of this act, and
4 from time to time submit to the Governor and to the General
5 Assembly proposals for the designation of rivers or sections of
6 rivers as components of the Pennsylvania Scenic Rivers System,
7 as set out in section 4 of this act. Each proposal shall specify
8 the category of the proposed river segment and shall be
9 accompanied by a detailed report on all the factors involved as
10 well as a transcript of the public hearings conducted.
11 (b) A public hearing shall be held in the county where the
12 land is situate, at which hearing the department shall set forth
13 the area to be [taken] designated and its proposed [use]
14 classification. If the land is located in more than one county
15 such hearing shall be held in every county wherein the land is
16 situate. Notice of the public hearing shall be given at least
17 three weeks before in a newspaper of general circulation in the
18 county, or in the case of land located in more than one county,
19 in a newspaper of general circulation in each county. Notice
20 shall also be given three weeks in advance by [certified] first
21 class mail to [the] those owners of the land involved, as shown
22 on county tax assessment records.
23 Section 6. [Land Acquisition.--(a) The Department of
24 Environmental Resources is authorized to acquire scenic
25 easements within the authorized boundaries of any component of
26 the Pennsylvania Scenic Rivers System designated by law. The
27 department shall have the power of condemnation in accordance
28 with the provisions of the act of June 22, 1964 (P.L.84), known
29 as the "Eminent Domain Code" when necessary to acquire scenic
30 easements or other easements as are reasonably necessary to give
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1 the public access to the river.
2 (b)] Cooperation.--The head of any State department or agency
3 which has administrative jurisdiction over any lands or
4 interests in land within the authorized boundaries of any State-
5 administered component of the Pennsylvania Scenic Rivers System
6 shall cooperate with the Department of Environmental Resources
7 so as to implement the policies and practices of this act.
8 [(c)] Section 7. Acceptance of Gifts.--The Department of
9 Environmental Resources is authorized to accept donations of
10 lands and interests in land, funds, and other property for use
11 in connection with the administration of Pennsylvania Scenic
12 Rivers System.
13 Section [7] 8. National Wild and Scenic Rivers Act.--The
14 Secretary of Environmental Resources is directed to encourage
15 and assist any Federal studies for inclusion of Pennsylvania
16 rivers in a national scenic rivers system. The secretary may
17 enter into written cooperative agreements for joint Federal-
18 State administration of a Pennsylvania component of any national
19 scenic rivers system, provided such agreements for the
20 administration of land and water uses are not less restrictive
21 than those set forth in this act.
22 Section [8] 9. Easements and Rights-of-way.--The Department
23 of Environmental Resources may grant easements and rights-of-way
24 upon, over, under, across, or through any component of the
25 Pennsylvania Scenic Rivers System in accordance with the laws
26 and regulations applicable to the department: Provided, That any
27 conditions precedent to granting such easements and rights-of-
28 way shall be related to the policy and purposes of this act.
29 Section [9] 10. Effective Date.--This act shall take effect
30 immediately.
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1 Section 2. This act shall take effect immediately.
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