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§ 5619. Coordination with Department of Transportation

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 32 P.S. Forests, Waters and State Parks

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 32 P.S. Forests, Waters and State Parks
Part IV. Conservation and Land Development
Chapter 108. Rails to Trails Act
32 P.S. § 5619
§ 5619. Coordination with Department of Transportation
(a) Method of coordination.--The Department of Transportation and the Department of Environmental Resources1 shall coordinate their evaluations of potential acquisitions and acquisition priorities with respect to available railroad rights-of-way in order to avoid competing for the same corridors. The Department of Transportation and the Department of Environmental Resources shall enter into a memorandum of understanding which shall contain a method by which the coordination of evaluations and acquisition priorities is to be accomplished.
(b) Interim lease of rights-of-way.--Should the Department of Transportation acquire or lease available rights-of-way for future transportation purposes, it shall lease or sublease such rights-of-way to a public agency or private organization for interim public recreational trail use if:
(1) The public agency or private organization has requested the right-of-way for interim public recreational trails use.
(2) The public agency or private organization agrees in writing to assume all liability and management responsibilities as prescribed by the Department of Transportation to the extent authorized by law.
(3) The use of the right-of-way as a recreational trail does not interfere with the ultimate transportation purposes of the property as determined by the Department of Transportation.
(c) Transportation use and trail use.--If the Department of Transportation determines that an available railroad right-of-way leased for interim recreational trail use is needed for transportation purposes, the Department of Transportation shall work with the leasing agency to accommodate, when feasible as determined by the department, the existing trail use in conjunction with the transportation use.
(d) Future disposal.--If the Department of Transportation determines that an available railroad right-of-way it owns is no longer needed by the Department of Transportation for present or future transportation uses, nothing in this act shall prevent the Department of Transportation from disposing of that property in accordance with its own procedures or applicable Commonwealth laws. Prior to disposing of the property, the Department of Transportation shall first notify the department.

Credits

1990, Dec. 18, P.L. 748, No. 188, § 9, effective in 90 days.

Footnotes

The powers and duties previously vested in the Department of Environmental Resources and the Environmental Quality Board by this statute have been transferred to the Department of Conservation and Natural Resources. See 71 P.S. § 1340.308(b).
32 P.S. § 5619, PA ST 32 P.S. § 5619
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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