THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA, FOLMER, GREENLEAF AND RAFFERTY, JANUARY 24, 2011

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 24, 2011  

AN ACT

Amending the act of March 24, 1980 (P.L.50, No.18), entitled "An

act designating Stony Creek as a component of the

Pennsylvania Wild and Scenic Rivers System in accordance with

the Pennsylvania Scenic Rivers Act; providing for cooperation

and coordination in its protection and use and for the

responsibilities of its management," further providing for

legislative findings and purpose; providing for limitations

on use; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 2, 3 and 4 of the act of March 24, 1980

(P.L.50, No.18), known as the Stony Creek Wild and Scenic River

Act, are amended to read:

Section 2.  Legislative findings and purpose.

The General Assembly finds and declares as follows:

(1)  The Department of Environmental Resources has, in

accordance with the act of December 5, 1972 (P.L.1277, No.

283), known as the "Pennsylvania Scenic Rivers Act,"

fulfilled its obligations and responsibilities prerequisite

to the designation of Stony Creek as a component of the

Pennsylvania Scenic Rivers System. The designation of Stony

Creek by this act is for the purpose of conserving and

enhancing its scenic quality and promoting public

recreational enjoyment in accordance with the provisions of

the "Pennsylvania Scenic Rivers Act."

(2)  In order to preserve and protect this wild component

of the Pennsylvania Scenic Rivers System, it is deemed

necessary to restrict the use of the lands within the

designated component corridor to those uses compatible with

the sound use and enjoyment of unspoiled nature.

Section 3.  Designation and classification.

The l6-mile mainstem of Stony Creek and the three tributary

streams, Rattling Run, Yellow Springs and Rausch Creek, and

related adjacent land areas, from the headwaters in Lebanon

County to the Pennsylvania Game Commission gate at Ellendale

Forge, Dauphin County, is designated a wild component of the

Pennsylvania Scenic Rivers System under the "Pennsylvania Scenic

Rivers Act." The boundaries of the component corridor have been

defined by the Department of Environmental Resources and are

shown on the map entitled, "Stony Creek Study," on file and

available for public inspection in the [Bureau of Land Records,

Department of Community Affairs of the Commonwealth of

Pennsylvania] Division of Archives and Manuscripts in the Bureau

of Archives and History of the Pennsylvania Historical and

Museum Commission.

Section 4.  Management responsibilities.

The Pennsylvania Game Commission and the Department of

[Environmental Resources] Conservation and Natural Resources 

shall exercise administrative responsibilities in implementing

the "Management Guidelines for Wild River Corridors" outlined

within the "Discussion of Management Guidelines" in the text of

the study of Stony Creek conducted by the Department of

Environmental Resources under the "Pennsylvania Scenic Rivers

Act," known as the "Stony Creek Study." The Pennsylvania Game

Commission shall exercise administrative responsibilities in

implementing the land management guidelines on Commonwealth

lands within the designated component. The Department of

[Environmental Resources] Conservation and Natural Resources 

shall exercise administrative responsibilities in implementing

the water resource management guidelines and where applicable,

the surface mining and solid waste disposal provisions of the

land management guidelines.

Section 2.  The act is amended by adding a section to read:

Section 4.1.  Limitations on use.

(a)  Land management guidelines.--In implementing and

administering the land management guidelines, the Pennsylvania

Game Commission and the Department of Conservation and Natural

Resources shall not sell, lease, enfeoff, give or grant any

license, right-of-way, easement, profit, mineral right or other

interest in, on or under any part of the lands within the

component corridor. The Pennsylvania Game Commission shall not

enter into any cooperative agreement, as provided under 34

Pa.C.S. (relating to game), if the cooperative agreement is not

directly and substantively related to impounding, managing,

using, maintaining and operating lands and waters for game or

wildlife management, or public hunting or furtaking, and to the

conservation and preservation of the wilderness quality of the

component corridor. Notwithstanding any existing agreement to

the contrary, the lands within the component corridor shall be

used solely for public hunting and furtaking, game or wildlife

propagation and resource management and public nonmotorized

recreational activities, which may include maintenance of the

existing rail-to-trail corridor and preservation or restoration

of cultural or historic assets within the component corridor.

(b)  Timbering activities.--To the extent that the

Pennsylvania Game Commission conducts or permits timbering

activities within the component corridor, the activities shall

be limited to those necessary for forest health and wildlife

habitat preservation and improvement. All timbering shall employ

then-current best management practices to prevent erosion and

sedimentation, including minimal impact haul roads and landing

areas constructed in a manner so as to be consistent with the

wild component designation of the corridor. All timbering

activities shall employ applicable erosion and sedimentation

control requirements as established by the Department of

Environmental Protection. No activities carried on or permitted

by the Pennsylvania Game Commission or the Department of

Conservation and Natural Resources shall result in any

additional vehicular access points into the component corridor.

Section 3.  Section 5 of the act is amended to read:

Section 5.  Cooperation and coordination.

All State agencies are authorized to seek the help of and

enter into agreements with the Federal Government and its

agencies and commissions, local governments and concerned

private individuals and organizations with the view of fostering

cooperation and coordination to further the purpose of this act.

To this end, the Department of [Environmental Resources]

Conservation and Natural Resources shall also seek the

cooperation of the Susquehanna River Basin Commission.

Section 4.  This act shall take effect immediately.