Pennsylvania Act 1992-116 — YELLOW BREECHES CREEK SCENIC RIVER ACT

Act text

YELLOW BREECHES CREEK SCENIC RIVER ACT
                  Act of Dec. 4, 1992, P.L. 763, No. 116              Cl. 32
                                  AN ACT

     Designating the Yellow Breeches Creek as a component of the
        Pennsylvania Scenic Rivers System in accordance with the
        Pennsylvania Scenic Rivers Act; and providing for cooperation
        and coordination in its protection and use and for the
        responsibilities of its management.

        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 116 of 1992.

        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 Yellow
     Breeches Creek Scenic River Act.
     Section 2.  Legislative findings and purposes.
        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 the
     Yellow Breeches Creek as a component of the Pennsylvania Scenic
     Rivers System. The designation of this component is for the
     purposes of protecting its flow and of conserving and protecting
     its pastoral and scenic and fishery qualities and historic and
     geologic characteristics in accordance with the policy and
     provisions of the Pennsylvania Scenic Rivers Act.

        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.  Designation and classification.
        (a)  Designation.--The main stem of the Yellow Breeches Creek
     in Cumberland County and York County and Hairy Springs Hollow in
     Cumberland County and related adjacent land area are designated
     a component of the Pennsylvania Scenic Rivers System under the
     act of December 5, 1972 (P.L.1277, No.283), known as the
     Pennsylvania Scenic Rivers Act. The boundaries and termini of
     the component have been defined by the Department of
     Environmental Resources and are shown on the map entitled
     "Yellow Breeches Creek Study" which is on file and available for
     public inspection in the Division of Land Records, Historical
     and Museum Commission of the Commonwealth of Pennsylvania,
     provided, however, that the width of the corridor in the segment
     designated as recreational from the S.R.2004 Bridge to the
     S.R.2017 Bridge shall be from the top of the steep bank on the
     south to the Federal Emergency Management Agency floodway
     boundary on the north.
        (b)  Classification.--Segments of the component are
     classified as follows:
            (1)  Hairy Springs Hollow headwaters to the backwaters of
        Big Pond - 5.1 miles, Scenic.
            (2)  Yellow Breeches main stem from the backwaters of Big
        Pond on Hairy Springs Hollow to S.R.2004 Bridge (Bowmansdale)
        - 32 miles, Pastoral.
            (3)  Yellow Breeches main stem from S.R.2004 Bridge
        (Bowmansdale) to confluence with the Susquehanna River - 18.8
        miles, Recreational.

        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 4.  Management responsibilities.
        The Department of Environmental Resources shall exercise
     administrative responsibilities in implementing the "State
     Agency Guidelines" for the Yellow Breeches Creek, within the
     designated component as outlined in the text of the "Yellow
     Breeches Creek Scenic River Study" conducted by the Department
     of Environmental Resources under the act of December 5, 1972
     (P.L.1277, No.283), known as the Pennsylvania Scenic Rivers Act.
     "Local Management Guidelines" may be developed for the Yellow
     Breeches Creek Scenic River. These may be recommended and will
     be voluntary for local governments, landowners and organizations
     interested in conserving the value of the Yellow Breeches Creek.
     The Pennsylvania Fish Commission shall exercise enforcement of
     its fishing and boating regulations and laws within the
     designated component.

        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 5.  Special considerations.
        The Department of Environmental Resources shall assist local
     organizations representative of landowners, conservation groups
     and local governments within the designated component acting as
     the local coordination mechanism for the implementation of this
     act. Nothing in this act shall be construed as granting
     authority to any level of government or private entity to
     establish streamside trails without the prior consent and
     agreement of riparian landowners. Nothing in this act shall be
     construed as granting additional authority to any municipality
     or county to restrict or prohibit the use of land within the
     designated scenic river corridor.

        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.  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 Susquehanna River Basin
     Commission. All State agencies, boards and commissions shall
     cooperate and coordinate their activities with the Department of
     Environmental Resources in relation to the Yellow Breeches Creek
     in order to further the purpose of this act.

        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 7.  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 Yellow Breeches Creek
     component.
     Section 8.  Expenditure of funds.
        The Department of Environmental Resources is authorized to
     expend moneys when available for:
            (1)  Technical assistance, planning and implementation
        under the "Yellow Breeches Creek Scenic River Study"
        conducted by the Department of Environmental Resources under
        the act of December 5, 1972 (P.L.1277, No.283), known as the
        Pennsylvania Scenic Rivers Act.
            (2)  Assistance in the education of the general public
        regarding the scenic rivers designation and establishment of
        appropriate conservation measures.

        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.