PRINTER'S NO. 1660
No. 1408 Session of 1991
INTRODUCED BY HOPPER, NOVEMBER 12, 1991
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, NOVEMBER 12, 1991
AN ACT 1 Designating the Yellow Breeches Creek as a component of the 2 Pennsylvania Scenic Rivers System in accordance with the 3 Pennsylvania Scenic Rivers Act; and providing for cooperation 4 and coordination in its protection and use and for the 5 responsibilities of its management. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Short title. 9 This act shall be known and may be cited as the Yellow 10 Breeches Creek Scenic River Act. 11 Section 2. Legislative findings and purposes. 12 The Department of Environmental Resources has, in accordance 13 with the act of December 5, 1972 (P.L.1277, No.283), known as 14 the Pennsylvania Scenic Rivers Act, fulfilled its obligations 15 and responsibilities prerequisite to the designation of Yellow 16 Breeches Creek as a component of the Pennsylvania Scenic Rivers 17 System. The designation of this component is for the purposes of 18 protecting its flow and of conserving and protecting its 19 pastoral and scenic and fishery qualities and historic
1 characteristics in accordance with the policy and provisions of 2 the Pennsylvania Scenic Rivers Act. 3 Section 3. Designation and classification. 4 The main stem of the Yellow Breeches Creek in Cumberland 5 County and York County and related adjacent land area are 6 designated a component of the Pennsylvania Scenic Rivers System 7 under the act of December 5, 1972 (P.L.1277, No.283), known as 8 the Pennsylvania Scenic Rivers Act. The boundaries and termini 9 of the component have been defined by the Department of 10 Environmental Resources and are shown on the map entitled 11 "Yellow Breeches Scenic River Study" which is on file and 12 available for public inspection in the Division of Land Records, 13 Historical and Museum Commission of the Commonwealth of 14 Pennsylvania. 15 Section 4. Management responsibilities. 16 The Department of Environmental Resources shall exercise 17 administrative responsibilities in implementing the "State 18 Agency Guidelines" portion of the "Management Guidelines for the 19 Yellow Breeches Creek," within the designated component as 20 outlined in the text of the "Yellow Breeches Creek Scenic River 21 Study" conducted by the Department of Environmental Resources 22 under the act of December 5, 1972 (P.L.1277, No.283), known as 23 the Pennsylvania Scenic Rivers Act. The "Local Management 24 Guidelines" included in the "Yellow Breeches Creek Scenic River 25 Study" are recommended and voluntary for local governments, 26 landowners and interested organizations in recognizing the value 27 of the Yellow Breeches Creek. The Pennsylvania Fish Commission 28 shall exercise enforcement of its fishing and boating 29 regulations and laws within the designated component. 30 Section 5. Special considerations. 19910S1408B1660 - 2 -
1 The Department of Environmental Resources shall assist a 2 local organization representative of landowners, conservation 3 groups and local governments within the designated component 4 acting as the local coordination mechanism for the 5 implementation of this act. Nothing in this act shall be 6 construed as granting authority to any level of government or 7 private entity to establish streamside trails without the prior 8 consent and agreement of riparian landowners. 9 Section 6. Cooperation and coordination. 10 All State agencies are authorized to seek the help of and 11 enter into agreements with the Federal Government and its 12 agencies and commissions, local governments and concerned 13 private individuals and organizations with the view of fostering 14 cooperation and coordination to further the purpose of this act. 15 To this end, the Department of Environmental Resources shall 16 also seek the cooperation of the Susquehanna River Basin 17 Commission. All State agencies, boards and commissions shall 18 cooperate and coordinate their activities with the Department of 19 Environmental Resources in relation to the Yellow Breeches Creek 20 in order to further the purpose of this act. 21 Section 7. Limitation of liability. 22 The provisions of the act of February 2, 1966 (1965 P.L.1860, 23 No.586), entitled "An act encouraging landowners to make land 24 and water areas available to the public for recreational 25 purposes by limiting liability in connection therewith, and 26 repealing certain acts," limiting the liability of owners of 27 land and water areas who make them available to the public for 28 recreational purposes without charge shall be applicable to 29 owners of land and water areas relating to the Yellow Breeches 30 Creek. 19910S1408B1660 - 3 -
1 Section 8. Expenditure of funds. 2 The Department of Environmental Resources is authorized to 3 expend moneys when available for: 4 (1) Technical assistance for implementation of and 5 planning under the "Yellow Breeches Creek Scenic River Study" 6 conducted by the Department of Environmental Resources under 7 the act of December 5, 1972 (P.L.1277, No.283), known as the 8 Pennsylvania Scenic Rivers Act. 9 (2) Assistance in the education of the general public 10 regarding the scenic rivers designation and appropriate 11 conservation measures. 12 Section 9. Effective date. 13 This act shall take effect immediately. J21L32JAM/19910S1408B1660 - 4 -