PRINTER'S NO. 1660

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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.
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     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.
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     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.












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