HOUSE AMENDED
PRIOR PRINTER'S NOS. 1112, 1171 PRINTER'S NO. 1810
No. 967 Session of 1989
INTRODUCED BY MADIGAN, MAY 23, 1989
AS REPORTED FROM COMMITTEE ON CONSERVATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 12, 1989
AN ACT
1 Authorizing the Department of Environmental Resources to defend,
2 indemnify and hold harmless the Consolidated Rail Corporation
3 in actions arising under the acceptance of a certain railroad
4 line.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. To the extent authorized by section 8(d) of the
8 National Trails System Act (Public Law 90-543, 16 U.S.C. §
9 1247(d)) and 49 CFR 1152.29 (relating to prospective use of
10 rights-of-way for interim trail use and rail banking), the
11 Department of Environmental Resources, acting on behalf of the
12 Commonwealth, is authorized to do all of the following:
13 (1) Agree to defend, indemnify and hold harmless the
14 Consolidated Rail Corporation from and against property
15 damage, personal injury or death in connection with the
16 acceptance of the Consolidated Rail Corporation's Corning
17 Secondary Line in Lycoming County and Tioga County between
18 milepost 168.1 and milepost 105.9 for recreational and
1 historical purposes.
2 (2) Agree to be responsible for the management of the
3 right-of-way of the line referred to in paragraph (1).
4 (3) Agree to defend, indemnify and hold harmless the
5 Consolidated Rail Corporation from and against other expenses
6 and losses arising from an action against the Consolidated
7 Rail Corporation in connection with the acceptance of the
8 line referred to in paragraph (1).
9 SECTION 2. THE DEPARTMENT OF ENVIRONMENTAL RESOURCES SHALL <--
10 NOT ACCEPT THE CONSOLIDATED RAIL CORPORATION'S CORNING SECONDARY
11 LINE IN LYCOMING COUNTY AND TIOGA COUNTY BETWEEN MILEPOST 168.1
12 AND MILEPOST 105.9 FOR RECREATIONAL AND HISTORICAL PURPOSES
13 UNTIL SUCH TIME AS DEPARTMENT REGULATIONS, APPROVED BY THE
14 DESIGNATED STANDING COMMITTEES AS PROVIDED BY LAW, ARE IN EFFECT
15 SPECIFICALLY RELATING TO THE MAINTENANCE AND MANAGEMENT OF THE
16 PROJECT.
17 Section 2 3. This act shall take effect immediately. <--
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