PRINTER'S NO. 154
No. 153 Session of 1981
INTRODUCED BY MORRIS, PITTS, WENGER AND PHILLIPS,
JANUARY 20, 1981
REFERRED TO COMMITTEE ON CONSERVATION, JANUARY 20, 1981
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
13 of December 5, 1972 (P.L.1277, No.283), known as the
14 "Pennsylvania 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].
21 Section 3. Definitions.--As used in this act:
1 (1) "River" means a flowing body of water or estuary or a
2 section, portion, or tributary thereof, including rivers,
3 streams, creeks, runs, kills, rills, and small lakes.
4 (2) "Free-flowing" as applied to any river or section of a
5 river, means existing or flowing in natural condition without
6 impoundment, diversion, straightening, riprapping, or other
7 modification of the waterway except in segments classified as
8 modified recreational rivers. The existence, however, of low
9 dams, diversion works, and other minor structures at the time
10 any river is proposed for inclusion in the Pennsylvania Scenic
11 Rivers System shall not automatically bar its consideration for
12 such inclusion: Provided, That this shall not be construed to
13 authorize, intend, or encourage future construction of such
14 structures within components of the Pennsylvania Scenic Rivers
15 System.
16 [(3) "Scenic easement" means the right to control the use of
17 land for the purpose of protecting the scenic values of the
18 river valley, but such control shall not affect, without the
19 owner's consent, any regular use exercised prior to the
20 acquisition of the easement.]
21 Section 4. Pennsylvania Scenic Rivers System.--(a) The
22 Pennsylvania Scenic Rivers System shall comprise rivers:
23 (1) That are recommended as wild, scenic, pastoral,
24 recreational, or modified recreational rivers by the Department
25 of Environmental Resources; and
26 (2) That are authorized for inclusion therein by law.
27 (b) A wild, scenic, pastoral, recreational, or modified
28 recreational river area eligible to be included in the system is
29 a free-flowing stream and the related adjacent land area that
30 possesses one or more of the values referred to in section 2 of
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1 this act. Every such river shall be classified, designated and
2 administered as one of the following:
3 (1) Wild river areas - those rivers or sections of rivers
4 that are free of impoundments and generally inaccessible except
5 by trail, with watersheds or shorelines essentially primitive
6 and waters unpolluted.
7 (2) Scenic river areas - those rivers or sections of rivers
8 that are free of impoundments, with shorelines or watersheds
9 still largely primitive and undeveloped, but accessible in
10 places by roads.
11 (3) Pastoral rivers - those rivers or sections of rivers
12 which are free of impoundments excepting historic or restored
13 mill dams. Minor diversions or withdrawals may exist to support
14 agricultural activities such as small agricultural ponds. The
15 shorelines or watersheds may support a full range of farm or
16 farm-related activities, so long as these activities do not
17 conflict with the pastoral nature of the landscape.
18 [(3)] (4) Recreational rivers - those rivers or sections of
19 rivers that are readily accessible, that may have some
20 development along their shorelines and may have undergone some
21 impoundment or diversion in the past.
22 [(4)] (5) Modified recreational rivers - those rivers or
23 sections of rivers in which the flow may be regulated by control
24 devices located upstream. Low dams are permitted in the reach so
25 long as they do not increase the river beyond bank-full width.
26 These reaches are used for human activities which do not
27 substantially interfere with public use of the streams or the
28 enjoyment of their surroundings.
29 Section 5. Potential Designated Rivers as Components of the
30 Pennsylvania Scenic Rivers System; Public Hearings.--(a) The
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1 Department of Environmental Resources shall study, conduct
2 public hearings as provided in section 5 (b) of this act, and
3 from time to time submit to the Governor and to the General
4 Assembly proposals for the designation of rivers or sections of
5 rivers as components of the Pennsylvania Scenic Rivers System,
6 as set out in section 4 of this act. In addition to the public
7 hearings provided for in subsection (b) the Department of
8 Environmental Resources shall conduct prior to undertaking any
9 study an informational public hearing in the county or counties
10 where the study is to be made at which meeting the Department of
11 Environmental Resources shall announce the planned study,
12 explain the techniques to be employed in such study and describe
13 the scope of such study. Notice of the informational public
14 hearing shall be given at least three weeks before in a
15 newspaper of general circulation in the county, or in the case
16 of land located in more than one county, in a newspaper of
17 general circulation in each county. Notice shall also be given
18 three weeks in advance by first class mail to those owners of
19 the land involved in the study, as shown on county tax
20 assessment records. Each proposal shall specify the category of
21 the proposed river segment and shall be accompanied by a
22 detailed report on all the factors involved as well as a
23 transcript of the public hearings conducted.
24 (b) A public hearing shall be held in the county where the
25 land is situate, at which hearing the department shall set forth
26 the area to be [taken] designated and its proposed [use]
27 classification. If the land is located in more than one county
28 such hearing shall be held in every county wherein the land is
29 situate. Notice of the public hearing shall be given at least
30 three weeks before in a newspaper of general circulation in the
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1 county, or in the case of land located in more than one county,
2 in a newspaper of general circulation in each county. Notice
3 shall also be given three weeks in advance by [certified] first
4 class mail to [the] those owners of the land involved, as shown
5 on county tax assessment records.
6 Section 6. [Land Acquisition.--(a) The Department of
7 Environmental Resources is authorized to acquire scenic
8 easements within the authorized boundaries of any component of
9 the Pennsylvania Scenic Rivers System designated by law. The
10 department shall have the power of condemnation in accordance
11 with the provisions of the act of June 22, 1964 (P.L.84), known
12 as the "Eminent Domain Code" when necessary to acquire scenic
13 easements or other easements as are reasonably necessary to give
14 the public access to the river.
15 (b)] Cooperation.--The head of any State department or agency
16 which has administrative jurisdiction over any lands or
17 interests in land within the authorized boundaries of any State-
18 administered component of the Pennsylvania Scenic Rivers System
19 shall cooperate with the Department of Environmental Resources
20 so as to implement the policies and practices of this act.
21 [(c)] Section 7. Acceptance of Gifts.--The Department of
22 Environmental Resources is authorized to accept donations of
23 lands and interests in land, funds, and other property for use
24 in connection with the administration of Pennsylvania Scenic
25 Rivers System.
26 Section [7] 8. National Wild and Scenic Rivers Act.--The
27 Secretary of Environmental Resources is directed to encourage
28 and assist any Federal studies for inclusion of Pennsylvania
29 rivers in a national scenic rivers system. The secretary may
30 enter into written cooperative agreements for joint Federal-
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1 State administration of a Pennsylvania component of any national
2 scenic rivers system, provided such agreements for the
3 administration of land and water uses are not less restrictive
4 than those set forth in this act.
5 Section [8] 9. Easements and Rights-of-way.--The Department
6 of Environmental Resources may grant easements and rights-of-way
7 upon, over, under, across, or through any component of the
8 Pennsylvania Scenic Rivers System in accordance with the laws
9 and regulations applicable to the department: Provided, That any
10 conditions precedent to granting such easements and rights-of-
11 way shall be related to the policy and purposes of this act.
12 Section [9] 10. Effective Date.--This act shall take effect
13 immediately.
14 Section 2. This act shall take effect immediately.
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