SENATE AMENDED
PRIOR PRINTER'S NOS. 3, 715, 1135, PRINTER'S NO. 3008
1236
No. 3 Session of 1977
INTRODUCED BY MESSRS. RUGGIERO, LAUDADIO, FRYER, KOWALYSHYN,
GALLEN, NOYE, REED, DAVIES, MANMILLER, BROWN, SELTZER,
KLINGAMAN, LEHR, ZELLER, DORR, A. C. FOSTER JR.,
W. W. FOSTER, PICCOLA, ZWIKL, BITTLE, CALTAGIRONE, MORRIS,
DeWEESE, HELFRICK, COHEN AND ZEARFOSS, JANUARY 19, 1977
SENATOR SMITH, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, APRIL 11, 1978
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, and
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.
10 This act shall be known and may be cited as the "Pennsylvania
11 Appalachian Trail Act."
12 Section 2. Policy and purpose.
13 In order to implement Article I, section 27 of the
14 Constitution of Pennsylvania with respect to the Appalachian
15 Trail in Pennsylvania as a source of natural, scenic, historic
16 and esthetic values to be preserved and as a public natural
17 resource to be conserved and maintained for the benefit of all
1 the people, the General Assembly finds as a matter of
2 legislative policy that planning and zoning by a municipality,
3 as municipality is defined in the act of July 31, 1968 (P.L.805,
4 No.247), known as the "Pennsylvania Municipalities Planning
5 Code," as amended, to implement Article I, section 27 as stated <--
6 is a valid exercise of the police power under that code.
7 Section 3. Powers of department.
8 (a) The Commonwealth of Pennsylvania, through the Department
9 of Environmental Resources, hereinafter referred to as the
10 department, is authorized independent of any action by a
11 municipality under section 4 to enter into written cooperative
12 agreements with political subdivisions, landowners, private
13 organizations and individuals and to acquire by agreement, gift,
14 eminent domain or purchase, land, rights-of-way and easements
15 for the purpose of establishing, protecting and maintaining a
16 walking trail right-of-way across this Commonwealth, now
17 generally known as the Appalachian Trail, under such terms and
18 conditions, including payment by the department in lieu of
19 property taxes on trail lands or property so acquired or subject
20 to such use in accordance with the act of May 17, 1929
21 (P.L.1798, No.591) referred to as the Forest Reserves Municipal
22 Financial Relief Law, as shall protect the interests of the
23 actual or adjacent landowners, or land users and as shall
24 further the purposes of this act. In the event of acquisition by
25 eminent domain of land other than tillable farmland, the total
26 amount of land so acquired shall not exceed an average of 25 125 <--
27 acres per mile of trail; and in the event of acquisition by
28 eminent domain of tillable farmland, such acquisition of such
29 land shall be limited to a footpath with a width of not more
30 than 25 feet across such land until the owner of such land
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1 evidences plans to convert the land to nonfarming use. Any
2 department or agency of the Commonwealth, or any political
3 subdivision, may transfer to the department land or rights in
4 land for these purposes, on terms and conditions as agreed upon,
5 or may enter into an agreement with the department providing for
6 the establishment and protection of the trail.
7 (b) The Appalachian Trail shall be held, developed and
8 administered primarily as a footpath, consonant with the
9 provisions of the National Trails Systems Act applicable to the
10 Appalachian Trail as part of the National Scenic Trails System,
11 and the natural scenic beauty thereof shall be preserved insofar
12 as is practicable. The use of motorized vehicles by the general
13 public along the trail is prohibited: Provided, That the owner
14 of private land over which the trail passes may use or authorize
15 use of motorized vehicles on or across the trail for
16 nonrecreational purposes incident to ownership and management of
17 the land: And, provided further, That the department may
18 authorize use of the trail by motorized emergency vehicles. The
19 department may permit other uses of the trail and land acquired
20 hereunder, by the owner of adjoining land or others, in a manner
21 and for purposes as will not substantially interfere with the
22 primary use of the trail, and may grant temporary or permanent
23 rights-of-way across lands acquired under this act under terms
24 and conditions deemed advisable. Nothing in this act shall be
25 construed to limit the right of the public to pass over public
26 roads which are part of the trail, or to prevent the department
27 from performing work necessary for the purpose of forest fire
28 prevention and control, insect, pest and disease control, and
29 the removal of damage caused by natural disaster, or to prohibit
30 or authorize the prohibition of the construction, operation or
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1 maintenance by a public utility of overhead or underground
2 facilities at points of intersection with or in close proximity
3 to the trail. The department may enter into cooperative
4 agreements with agencies of the Federal Government, political
5 subdivisions or with private organizations to provide for the
6 maintenance of the trail. No person who has granted a right-of-
7 way for the trail across his land, or his successors in title,
8 shall be liable to any user of the trail for injuries suffered
9 on such portion of the trail unless the same are caused by his
10 willful or wanton misconduct.
11 Section 4. Municipalities; powers and duties.
12 Political subdivisions, including municipalities as defined
13 in the Pennsylvania Municipalities Planning Code, through which
14 the Appalachian Trail passes shall have the power and their duty
15 shall be to take such action consistent with applicable law, as
16 at least an interim measure, to preserve the natural, scenic,
17 historic and esthetic values of the trail and to conserve and
18 maintain it as a public natural resource. Such municipalities
19 may act hereunder in that section of the municipality through
20 which the Appalachian Trail passes without zoning the entire
21 municipality as required under section 605 of the Pennsylvania
22 Municipalities Planning Code.
23 Section 5. Pennsylvania Appalachian Trail Committee.
24 The secretary shall appoint a Pennsylvania Appalachian Trail
25 Committee consisting of not more than nine persons who shall be
26 selected to represent the different Appalachian Trail interests
27 and for the purpose of advising him in matters relating to the
28 Appalachian Trail.
29 Section 6. Appropriation. <--
30 The sum of $500,000, or as much thereof as may be necessary,
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1 is hereby specifically appropriated for the fiscal year 1977-
2 1978 to the department for acquisition of the trail including
3 administrative cost and related planning. The balance of the
4 foregoing appropriation which remains unexpended, unencumbered
5 or uncommitted at the end of the fiscal year 1977-1978 shall not
6 lapse but shall remain to the credit of the department until
7 expended in accordance with the provisions of this
8 appropriation.
9 Section 7. 6. Effective date. <--
10 This act shall take effect July 1, 1977.
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