Pennsylvania Act 1990-120 — CONSOLIDATED RAIL CORPORATION ACTIONS AND ADVISORY COMMITTEE

Act text

CONSOLIDATED RAIL CORPORATION ACTIONS AND ADVISORY COMMITTEE
                 Act of Jul. 11, 1990, P.L. 507, No. 120              Cl. 85
                                  AN ACT

     Authorizing the Department of Environmental Resources to defend,
        indemnify and hold harmless the Consolidated Rail Corporation
        in actions arising under the acceptance of a certain railroad
        line; and providing for an advisory committee.

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

        Section 1.  To the extent authorized by section 8(d) of the
     National Trails System Act (Public Law 90-543, 16 U.S.C. §
     1247(d)) and 49 CFR 1152.29 (relating to prospective use of
     rights-of-way for interim trail use and rail banking), the
     Department of Environmental Resources, acting on behalf of the
     Commonwealth, is authorized to do all of the following:
            (1)  Agree to defend, indemnify and hold harmless the
        Consolidated Rail Corporation from and against property
        damage, personal injury or death in connection with the
        acceptance of the Consolidated Rail Corporation's Corning
        Secondary Line in Lycoming County and Tioga County between
        milepost 168.1 and milepost 105.9 for recreational and
        historical purposes.
            (2)  Agree to be responsible for the management of the
        right-of-way of the line referred to in paragraph (1).
            (3)  Agree to defend, indemnify and hold harmless the
        Consolidated Rail Corporation from and against other expenses
        and losses arising from an action against the Consolidated
        Rail Corporation in connection with the acceptance of the
        line referred to in paragraph (1).

        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 2.  Notwithstanding any provision of this act, the
     Department of Environmental Resources shall not develop or
     operate the property described in this act for recreational or
     historical purposes until the designated standing committees
     have reviewed a department management plan, as it specifically
     relates to the maintenance and operation of the project.

        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.  (a)  Notwithstanding any provision of this act,
     the Department of Environmental Resources shall not develop or
     operate the property described in this act for recreational or
     historical purposes until an advisory committee, as provided by
     this section, has been appointed and has met with the Secretary
     of Environmental Resources or his designee for the purpose of
     reviewing preliminary plans for the development and operation of
     the property.
        (b)  The Secretary of Environmental Resources shall appoint
     this committee to be composed of the following persons, or their
     designees:
            (1)  The Chairman of the Lycoming County Planning
        Commission.
            (2)  The Chairman of the Tioga County Planning
        Commission.
            (3)  The Chairman of the Board of Supervisors of each of
        the townships of Cummings, McHenry and Brown Townships in
        Lycoming County.
            (4)  The Chairman of the Board of Supervisors of each of
        the townships of Delmar, Shippen and Morris Townships in
        Tioga County.
            (5)  The Chairman of the Lycoming County Board of
        Commissioners.
            (6)  The Chairman of the Tioga County Board of
        Commissioners.
        (c)  The advisory committee shall meet with appropriate
     officials of the Department of Environmental Resources at least
     four times a year for the first two years following the
     effective date of this act, and semiannually thereafter. During
     the first two years, at least two meetings of the advisory
     committee shall be held in either Lycoming or Tioga County, and
     thereafter at least one meeting of the advisory committee shall
     be held in Lycoming County.

        Compiler's Note:  The Department of Environmental Resources,
            referred to in the def. of "department," 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.
        Compiler's Note:  The Secretary of Environmental Resources,
            referred to in the def. of "secretary," was abolished by
            Act 18 of 1995. The functions of the secretary were
            transferred to the Secretary of Conservation and Natural
            Resources and the Secretary of Environmental Protection.
        Section 4.  This act shall take effect immediately.