PRINTER'S NO. 475
No. 416 Session of 1991
INTRODUCED BY CARLSON AND VAN HORNE, MARCH 11, 1991
REFERRED TO COMMITTEE ON CONSERVATION, MARCH 11, 1991
AN ACT
1 Designating Pine Creek and certain tributaries in Tioga County
2 as a component of the Pennsylvania Scenic Rivers System;
3 requiring cooperation and coordination by State agencies in
4 implementing the purposes of the Pennsylvania Scenic Rivers
5 Act; limiting liability; and authorizing the expenditure of
6 moneys to further the purposes of this act.
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 Pine Creek
11 Scenic Rivers Act.
12 Section 2. Legislative findings and purposes.
13 The Department of Environmental Resources has, in accordance
14 with the act of December 5, 1972 (P.L.1277, No.283), known as
15 the Pennsylvania Scenic Rivers Act, fulfilled its obligations
16 and responsibilities prerequisite to the designation of Pine
17 Creek and selected tributaries in Tioga County as a component of
18 the Pennsylvania Scenic Rivers System. The designation of this
19 component is for the purpose of protecting its free and
1 unimpounded flow and of conserving and protecting its wild,
2 scenic and cultural qualities and historic characteristics in
3 accordance with the policy and provisions of the Pennsylvania
4 Scenic Rivers Act.
5 Section 3. Designation and classification.
6 (a) Designation.--Pine Creek and selected tributaries in
7 Tioga County set forth in subsection (b) and related adjacent
8 land area between the Marsh Creek confluence and the
9 Tioga/Lycoming County line are designated a component of the
10 Pennsylvania Scenic Rivers System under the act of December 5,
11 1972 (P.L.1277, No.283), known as the Pennsylvania Scenic Rivers
12 Act. The boundaries and termini of the component have been
13 defined by the Department of Environmental Resources and are
14 shown on the map entitled "Pine Creek Study," which is on file
15 and available for public inspection with the Pennsylvania
16 Historical and Museum Commission.
17 (b) Classification.--Segments of the component are
18 classified as follows:
19 (1) Pine Creek - March Creek confluence to Fourmile Run
20 confluence, 4.25 miles, scenic.
21 (2) Pine Creek - Fourmile Run confluence to Jerry Run
22 confluence, 11.9 miles, wild.
23 (3) Pine Creek - Jerry Run confluence to the
24 Tioga/Lycoming County line, 1.9 miles, scenic.
25 (4) Fourmile Run - Painter Leetonia Road Crossing to
26 confluence with Pine Creek, 1.6 miles, wild.
27 (5) Right Branch Fourmile Run - Gaines/Shippen Township
28 line to confluence with Fourmile Run, 1.0 miles, wild.
29 (6) Campbells Run - Pine Creek Gorge Natural Area
30 Boundary to confluence with Pine Creek, 1.0 miles, wild.
19910H0416B0475 - 2 -
1 (7) Pine Island Run - Pine Creek Gorge Natural Area
2 Boundary to confluence with Pine Creek, 1.6 miles, wild.
3 Section 4. Management guidelines.
4 The Department of Environmental Resources shall exercise
5 administrative responsibilities in implementing the "State
6 Agency Management Guidelines for Pine Creek in Tioga County"
7 within the designated component, as outlined in the text of the
8 "Pine Creek Scenic River Study" conducted by the Department of
9 Environmental Resources under the act of December 5, 1972
10 (P.L.1277, No.283), known as the Pennsylvania Scenic Rivers Act.
11 The "Recommended Local Management Guidelines for Pine Creek"
12 included in the "Pine Creek Scenic River Study" are recommended
13 and voluntary for local government, landowners and interest
14 organizations in recognizing the value of Pine Creek and
15 selected tributaries in Tioga County. The Pennsylvania Fish
16 Commission shall exercise enforcement of the fishing and boating
17 regulations and laws within the designated corridor.
18 Section 5. Special consideration.
19 (a) Establishment of implementation team.--The Department of
20 Environmental Resources, in cooperation with local governments,
21 shall establish an implementation team consisting of, but not
22 limited to, landowners, local governments and conservation
23 organizations to act as a local advocate for the implementation
24 of this act.
25 (b) Assistance to team.--The Department of Environmental
26 Resources shall assist the implementation team in carrying out
27 recommendations of the Management Guidelines included in the
28 "Pine Creek Scenic River Study."
29 (c) Road closing prohibited.--No roads will be closed to
30 private property because of scenic river designation.
19910H0416B0475 - 3 -
1 Section 6. Cooperation and coordination.
2 All State agencies are authorized to seek the help of an
3 enter into agreements with the Federal Government and its
4 agencies and commissions, local governments and concerned
5 private individuals and organizations with the view of fostering
6 cooperation and coordination to further the purpose of this act.
7 To this end, the Department of Environmental Resources shall
8 also seek the cooperation of the Susquehanna River Basin
9 Commission. All State agencies, boards and commissions shall
10 cooperate and coordinate their activities with the Department of
11 Environmental Resources in relation to the Pine Creek component
12 in order to further the purposes of this act.
13 Section 7. Limitation of liability.
14 The provisions of the act of February 2, 1966 (1965 P.L.1860,
15 No.586), entitled "An act encouraging landowners to make land
16 and water areas available to the public for recreational
17 purposes by limiting liability in connection therewith, and
18 repealing certain acts," limiting the liability of owners of
19 land and water areas who make them available to the public for
20 recreational purposes without charge shall be applicable to
21 owners of land and water areas within the Pine Creek component.
22 Section 8. Expenditure of funds.
23 The Department of Environmental Resources is authorized to
24 expend moneys when available for:
25 (1) Technical assistance for implementation of and
26 planning under the "Pine Creek Scenic River Study" conducted
27 by the Department of Environmental Resources under the act of
28 December 5, 1972 (P.L.1277, No.283), known as the
29 Pennsylvania Scenic Rivers Act.
30 (2) Assistance in the education of the general public
19910H0416B0475 - 4 -
1 regarding the scenic rivers designation and appropriate
2 conservation measures.
3 Section 9. Effective date.
4 This act shall take effect immediately.
B5L32PJP/19910H0416B0475 - 5 -