PRINTER'S NO. 520

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 482 Session of 1987


        INTRODUCED BY ARGALL, LUCYK, BALDWIN AND McCALL, FEBRUARY 25,
           1987

        REFERRED TO COMMITTEE ON CONSERVATION, FEBRUARY 25, 1987

                                     AN ACT

     1  Amending the act of November 26, 1978 (P.L.1415, No.333),
     2     entitled "An act designating a portion of the Schuylkill
     3     River as a component of the Pennsylvania Scenic Rivers System
     4     in accordance with the Pennsylvania Scenic Rivers Act;
     5     authorizing further classification; providing for
     6     cooperation, limitation of liability and protection of
     7     critical areas, and authorizing the expenditure of moneys,"
     8     extending the designation to an additional portion of the
     9     Schuylkill River and to two of its tributaries.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Sections 2, 4, 7 and 8 of the act of November 26,
    13  1978 (P.L.1415, No.333), known as the Schuylkill Scenic River
    14  Act, are amended to read:
    15  Section 2.  Legislative findings and purpose.
    16     The Department of Environmental Resources has, in accordance
    17  with the act of December 5, 1972 (P.L.1277, No.283), known as
    18  the "Pennsylvania Scenic Rivers Act," fulfilled its obligations
    19  and responsibilities prerequisite to the designation of a
    20  portion of the Schuylkill River and a portion of two of its
    21  tributaries as a component of the Pennsylvania Scenic Rivers

     1  System. The designation of this Schuylkill scenic river
     2  component by this act is with the view of conserving and
     3  enhancing its scenic quality and of promoting public
     4  recreational enjoyment in conjunction with present and future
     5  commercial, agricultural, residential, industrial and
     6  transportational uses, all in accordance with the policy and
     7  provisions of the "Pennsylvania Scenic Rivers Act."
     8  Section 4.  Designation and classification.
     9     (a)  The portion of the Schuylkill River, including related
    10  adjacent land areas, from the Forks at Port Clinton, Schuylkill
    11  County, to Fairmont Dam, Philadelphia County, excepting the 5.2
    12  mile segment between Norristown Dam and Spring Mill Creek, is
    13  designated as a component of the Pennsylvania Scenic Rivers
    14  System under the Pennsylvania Scenic Rivers Act. The Schuylkill
    15  River designation is extended to include a portion of the
    16  Schuylkill River and related adjacent land areas in Schuylkill
    17  and Berks Counties and portions of the West Branch and Little
    18  Schuylkill River tributaries and their related adjacent land
    19  areas in Schuylkill County. The boundaries of the component and
    20  of the classified segments have been defined by the Department
    21  of Environmental Resources and are shown on the [map] maps
    22  entitled "SCHUYLKILL RIVER STUDY" and "SCHUYLKILL RIVER
    23  EXTENSION STUDY" which [is] are on file and available for public
    24  inspection in the [Bureau] Division of Land Records, [Department
    25  of Community Affairs] Pennsylvania Historical and Museum
    26  Commission of the Commonwealth of Pennsylvania.
    27     (b)  Segments of the component are classified as follows:
    28         (1)  Port Clinton (Forks) to Cross Keys (Bridge)--16.2
    29     river miles--recreational.
    30         (2)  Cross Keys (Bridge) to Reading (Route 422 above
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     1     Fritz Island)--12.3 miles--modified recreational.
     2         (3)  Reading (Route 422 Bridge over Fritz Island) to
     3     Douglassville (Bridge)--15.3 river miles--recreational.
     4         (4)  Douglassville (Bridge) to Norristown Dam--34.2 river
     5     miles--modified recreational.
     6         (5)  Spring Mill Creek to Fairmont Dam--10.4 river
     7     miles--modified recreational.
     8         (6)  Route 209 (Highway) to Cressona Route 183 (Bridge)--
     9     5.0 river miles--recreational.
    10         (7)  Cressona Route 183 (Bridge) to Auburn Basin
    11     (Spillway)--9.6 river miles--modified recreational.
    12         (8)  Auburn Basin (Spillway) to Port Clinton (Forks)--7.4
    13     river miles--recreational.
    14         (9)  Port Clinton (Forks) to T848 (Bridge)--9.2 river
    15     miles--pastoral.
    16     (c)  The Secretary of Environmental Resources is authorized
    17  to classify the 5.2 mile segment between Norristown Dam and
    18  Spring Mill Creek as "modified recreational" when he determines
    19  that it meets the criteria for such classification. When so
    20  classified, that segment shall become part of the Schuylkill
    21  scenic river component designated under this act, and all of the
    22  provisions of this act and of the "Pennsylvania Scenic Rivers
    23  Act" shall become applicable thereto.
    24  Section 7.  Cooperation of local authorities.
    25     The Department of Environmental Resources shall encourage all
    26  levels of government, Federal, State and local, and private
    27  individuals and organizations to recognize and protect those
    28  areas within the Schuylkill scenic river component which have
    29  been determined by the Department of Environmental Resources to
    30  be critical areas and are shown as such on the [map] maps
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     1  entitled "SCHUYLKILL RIVER STUDY" and "SCHUYLKILL RIVER
     2  EXTENSION STUDY" which [is] are on file and available for public
     3  inspection in the [Bureau] Division of Land Records, [Department
     4  of Community Affairs] Pennsylvania Historical and Museum
     5  Commission of the Commonwealth of Pennsylvania.
     6  Section 8.  Expenditure of funds.
     7     The Departments of Environmental Resources and Community
     8  Affairs are authorized to expend moneys when available for:
     9         (1)  technical assistance for implementation of and
    10     planning under the study of the Schuylkill River conducted by
    11     the Department of Environmental Resources under the
    12     "Pennsylvania Scenic Rivers Act" and known as the "Schuylkill
    13     Scenic River Study" and "Schuylkill River Extension Study";
    14     and
    15         (2)  assistance in the development of a booklet guide for
    16     recreational users of the Schuylkill scenic river component.
    17     Section 2.  This act shall take effect in 60 days.









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