Pennsylvania Act 1978-333 — SCHUYLKILL SCENIC RIVER ACT

Act text

SCHUYLKILL SCENIC RIVER ACT
                 Act of Nov. 26, 1978, P.L. 1415, No. 333             Cl. 32
                                  AN ACT

     Designating a portion of the Schuylkill River as a component of
        the Pennsylvania Scenic Rivers System in accordance with the
        Pennsylvania Scenic Rivers Act; authorizing further
        classification; providing for cooperation, limitation of
        liability and protection of critical areas, and authorizing
        the expenditure of moneys.

        Compiler's Note:  Section 302 of Act 58 of 1996, which
            created the Department of Community and Economic
            Development and abolished the Department of Community
            Affairs, provided that the functions of the Department of
            Community Affairs under Act 333 are transferred to the
            Department of Community and Economic Development.
        Compiler's Note:  Section 307(b) of Act 18 of 1995, which
            created the Department of Conservation and Natural
            Resources and renamed the Department of Environmental
            Resources as the Department of Environmental Protection,
            provided that the Department of Conservation and Natural
            Resources shall exercise the powers and duties previously
            vested in the Department of Environmental Resources by
            Act 333 of 1978.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the "Schuylkill
     Scenic River Act."
     Section 2.  Legislative findings and purpose.
        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 a
     portion of the Schuylkill River and a portion of two of its
     tributaries as a component of the Pennsylvania Scenic Rivers
     System. The designation of this Schuylkill scenic river
     component by this act is with the view of conserving and
     enhancing its scenic quality and of promoting public
     recreational enjoyment in conjunction with present and future
     commercial, agricultural, residential, industrial and
     transportational uses, all in accordance with the policy and
     provisions of the "Pennsylvania Scenic Rivers Act."
        (2 amended Mar. 2, 1988, P.L.100, No.17)

        Compiler's Note:  The Department of Environmental Resources,
            referred to in this section, was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
     Section 3.  Definitions.
        The following words and phrases when used in this act shall
     have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        "Critical areas."  Areas within the Schuylkill scenic river
     component possessing resource characteristics especially
     important to certain existing or potential uses, specifically:
            (1)  critical natural areas, such as wildlife habitats,
        geological outcrops, flood plains, steep slopes, aquifer
        recharge areas, subsidence prone areas and highly erodible
        soils; and
            (2)  critical manmade areas, such as historic sites and
        districts and cultural sites.
     Section 4.  Designation and classification.
        (a)  The portion of the Schuylkill River, including related
     adjacent land areas, from its confluence with the West Branch,
     Schuylkill County, to Fairmont Dam, Philadelphia County, is
     designated as a component of the Pennsylvania Scenic Rivers
     System under the Pennsylvania Scenic Rivers Act. The Schuylkill
     River designation is extended to include a portion of the
     Schuylkill River and related adjacent land areas in Schuylkill
     and Berks Counties and portions of the West Branch and Little
     Schuylkill River tributaries and their related adjacent land
     areas in Schuylkill County. The boundaries of the component and
     of the classified segments have been defined by the Department
     of Environmental Resources and are shown on the maps entitled
     "SCHUYLKILL RIVER STUDY" and "SCHUYLKILL RIVER EXTENSION STUDY"
     which are on file and available for public inspection in the
     Division of Land Records, Pennsylvania Historical and Museum
     Commission of the Commonwealth of Pennsylvania.
        (b)  Segments of the component are classified as follows:
            (1)  Port Clinton (Forks) to Cross Keys (Bridge)--16.2
        river miles--recreational.
            (2)  Cross Keys (Bridge) to Reading (Route 422 above
        Fritz Island)--12.3 miles--modified recreational.
            (3)  Reading (Route 422 Bridge over Fritz Island) to
        Douglassville (Bridge)--15.3 river miles--recreational.
            (4)  Douglassville (Bridge) to Fairmont Dam--49.8 river
        miles--modified recreational.
            (6)  Route 209 (Highway) to Cressona Route 183 (Bridge)--
        5.0 river miles--recreational.
            (7)  Cressona Route 183 (Bridge) to Auburn Basin
        (Spillway)--9.6 river miles--modified recreational.
            (8)  Auburn Basin (Spillway) to Port Clinton (Forks)--7.4
        river miles--recreational.
            (9)  Port Clinton (Forks) to New Ringgold Route 895
        (Bridge)--10.9 river miles--pastoral.
        (4 amended Dec. 4, 1992, P.L.787, No.125)

        Compiler's Note:  The Department of Environmental Resources,
            referred to in subsec. (a), was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
     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 shall
     also seek the cooperation of the Delaware River Basin
     Commission.

        Compiler's Note:  The Department of Environmental Resources,
            referred to in this section, was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
     Section 6.  Limitation of liability.
        The provisions of the act of February 2, 1966 (1965 P.L.1860,
     No.586), entitled "An act encouraging landowners to make land
     and water areas available to the public for recreational
     purposes by limiting liability in connection therewith, and
     repealing certain acts," limiting the liability of owners of
     land and water areas who make them available to the public for
     recreational purposes without charge shall be applicable to
     owners of land and water areas within the Schuylkill scenic
     river component, including such land and water areas in which
     the Commonwealth or any subdivision thereof has acquired an
     easement or other interest less than fee simple.
     Section 7.  Cooperation of local authorities.
        The Department of Environmental Resources shall encourage all
     levels of government, Federal, State and local, and private
     individuals and organizations to recognize and protect those
     areas within the Schuylkill scenic river component which have
     been determined by the Department of Environmental Resources to
     be critical areas and are shown as such on the maps entitled
     "SCHUYLKILL RIVER STUDY" and "SCHUYLKILL RIVER EXTENSION STUDY"
     which are on file and available for public inspection in the
     Division of Land Records, Pennsylvania Historical and Museum
     Commission of the Commonwealth of Pennsylvania.
        (7 amended Mar. 2, 1988, P.L.100, No.17)

        Compiler's Note:  The Department of Environmental Resources,
            referred to in this section, was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
     Section 8.  Expenditure of funds.
        The Departments of Environmental Resources and Community
     Affairs are authorized to expend moneys when available for:
            (1)  technical assistance for implementation of and
        planning under the study of the Schuylkill River conducted by
        the Department of Environmental Resources under the
        "Pennsylvania Scenic Rivers Act" and known as the "Schuylkill
        Scenic River Study" and "Schuylkill River Extension Study";
        and
            (2)  assistance in the development of a booklet guide for
        recreational users of the Schuylkill scenic river component.
        (8 amended Mar. 2, 1988, P.L.100, No.17)

        Compiler's Note:  The Department of Community Affairs,
            referred to in this section, was abolished by Act 58 of
            1996 and its functions were transferred to the Department
            of Community and Economic Development.
        Compiler's Note:  The Department of Environmental Resources,
            referred to in this section, was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
     Section 9.  Effective date.
        This act shall take effect immediately.