See other bills
under the
same topic
        PRIOR PRINTER'S NO. 1542                      PRINTER'S NO. 1834

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1281 Session of 2007


        INTRODUCED BY FREEMAN, ARGALL, BARRAR, COHEN, FABRIZIO, GEIST,
           GINGRICH, GOODMAN, GRUCELA, HARHAI, HARPER, HENNESSEY,
           HERSHEY, JAMES, JOSEPHS, KORTZ, LEACH, LEVDANSKY, MAHONEY,
           MANN, MUNDY, MURT, MYERS, O'NEILL, SANTONI, SAYLOR, SCAVELLO,
           SCHRODER, McILVAINE SMITH, K. SMITH, STABACK, WALKO,
           WOJNAROSKI, YOUNGBLOOD AND YUDICHAK, MAY 8, 2007

        AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 5, 2007

                                     AN ACT

     1  Amending the act of April 28, 1978 (P.L.87, No.41), entitled "An
     2     act authorizing the Commonwealth of Pennsylvania, through the
     3     Department of Environmental Resources, to enter into such
     4     agreements and to acquire such interest as may be necessary
     5     to establish, protect and maintain the Appalachian Trail, and
     6     providing for the establishment, protection and maintenance
     7     of such trail," further providing for actions by
     8     municipalities and their powers and duties; AND MAKING         <--
     9     EDITORIAL CHANGES.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Section 4 of the act of April 28, 1978 (P.L.87,    <--
    13  No.41), known as the Pennsylvania Appalachian Trail Act, is
    14  amended to read:
    15     SECTION 1.  THE TITLE AND SECTIONS 3(A) AND 4 OF THE ACT OF    <--
    16  APRIL 28, 1978 (P.L.87, NO.41), KNOWN AS THE PENNSYLVANIA
    17  APPALACHIAN TRAIL ACT, ARE AMENDED TO READ:
    18                               AN ACT
    19  AUTHORIZING THE COMMONWEALTH OF PENNSYLVANIA, THROUGH THE

     1     DEPARTMENT OF [ENVIRONMENTAL] CONSERVATION AND NATURAL
     2     RESOURCES, TO ENTER INTO SUCH AGREEMENTS AND TO ACQUIRE SUCH
     3     INTEREST AS MAY BE NECESSARY TO ESTABLISH, PROTECT AND
     4     MAINTAIN THE APPALACHIAN TRAIL, AND PROVIDING FOR THE
     5     ESTABLISHMENT, PROTECTION AND MAINTENANCE OF SUCH TRAIL.
     6  SECTION 3.  POWERS OF DEPARTMENT.
     7     (A)  THE COMMONWEALTH OF PENNSYLVANIA, THROUGH THE DEPARTMENT
     8  OF [ENVIRONMENTAL] CONSERVATION AND NATURAL RESOURCES,
     9  HEREINAFTER REFERRED TO AS THE DEPARTMENT, IS AUTHORIZED
    10  INDEPENDENT OF ANY ACTION BY A MUNICIPALITY UNDER SECTION 4 TO
    11  ENTER INTO WRITTEN COOPERATIVE AGREEMENTS WITH POLITICAL
    12  SUBDIVISIONS, LANDOWNERS, PRIVATE ORGANIZATIONS AND INDIVIDUALS
    13  AND TO ACQUIRE BY AGREEMENT, GIFT, EMINENT DOMAIN OR PURCHASE,
    14  LAND, RIGHTS-OF-WAY AND EASEMENTS FOR THE PURPOSE OF
    15  ESTABLISHING, PROTECTING AND MAINTAINING A WALKING TRAIL RIGHT-
    16  OF-WAY ACROSS THIS COMMONWEALTH, NOW GENERALLY KNOWN AS THE
    17  APPALACHIAN TRAIL, UNDER SUCH TERMS AND CONDITIONS, INCLUDING
    18  PAYMENT BY THE DEPARTMENT IN LIEU OF PROPERTY TAXES ON TRAIL
    19  LANDS OR PROPERTY SO ACQUIRED OR SUBJECT TO SUCH USE IN
    20  ACCORDANCE WITH THE ACT OF MAY 17, 1929 (P.L.1798, NO.591)
    21  REFERRED TO AS THE FOREST RESERVES MUNICIPAL FINANCIAL RELIEF
    22  LAW, AS SHALL PROTECT THE INTERESTS OF THE ACTUAL OR ADJACENT
    23  LANDOWNERS, OR LAND USERS AND AS SHALL FURTHER THE PURPOSES OF
    24  THIS ACT. IN THE EVENT OF ACQUISITION BY EMINENT DOMAIN OF LAND
    25  OTHER THAN TILLABLE FARMLAND, THE TOTAL AMOUNT OF LAND SO
    26  ACQUIRED SHALL NOT EXCEED AN AVERAGE OF 125 ACRES PER MILE OF
    27  TRAIL; AND IN THE EVENT OF ACQUISITION BY EMINENT DOMAIN OF
    28  TILLABLE FARMLAND, SUCH ACQUISITION OF SUCH LAND SHALL BE
    29  LIMITED TO A FOOTPATH WITH A WIDTH OF NOT MORE THAN 25 FEET
    30  ACROSS SUCH LAND UNTIL THE OWNER OF SUCH LAND EVIDENCES PLANS TO
    20070H1281B1834                  - 2 -     

     1  CONVERT THE LAND TO NONFARMING USE. ANY DEPARTMENT OR AGENCY OF
     2  THE COMMONWEALTH, OR ANY POLITICAL SUBDIVISION, MAY TRANSFER TO
     3  THE DEPARTMENT LAND OR RIGHTS IN LAND FOR THESE PURPOSES, ON
     4  TERMS AND CONDITIONS AS AGREED UPON, OR MAY ENTER INTO AN
     5  AGREEMENT WITH THE DEPARTMENT PROVIDING FOR THE ESTABLISHMENT
     6  AND PROTECTION OF THE TRAIL.
     7     * * *
     8  Section 4.  Municipalities; powers and duties.
     9     Political subdivisions, including municipalities as defined
    10  in the Pennsylvania Municipalities Planning Code, through which
    11  the Appalachian Trail passes shall have the power and their duty
    12  shall be to take such action consistent with applicable law, as
    13  at least an interim measure, to preserve the natural, scenic,
    14  historic and esthetic values of the trail and to conserve and
    15  maintain it as a public natural resource. Such action shall
    16  include, but not be limited to, the adoption, implementation and
    17  enforcement of zoning ordinances and subdivision and land
    18  development ordinances as necessary to preserve those values.
    19  Such municipalities may act hereunder in that section of the
    20  municipality through which the Appalachian Trail passes without
    21  zoning the entire municipality as required under section 605 of
    22  the Pennsylvania Municipalities Planning Code.
    23     Section 2.  This act shall take effect in 60 days.





    B16L68JAM/20070H1281B1834        - 3 -