Subchapter UU. INTERAGENCY RIVER ISLAND TASK FORCE
Sec.
5.631. Administration.
5.632. Inventory.
5.633. State park and forest lands.
5.634. Transfer of jurisdiction.
5.635. Legal action.
5.636. Prior patents.
Source The provisions of this Subchapter UU adopted by Executive Order No. 1990-7 effective November 3, 1990, 20 Pa.B. 5524; amended by Executive Order No. 1990-7 Revision 1, dated December 20, 1996, 27 Pa.B. 921, unless otherwise noted. Immediately preceding text appears at serial pages (200988) to (200989).
§ 5.631. Administration.
The Department of Conservation and Natural Resources shall be responsible for the administration of the unappropriated or unpatented islands in the navigable rivers and in streams declared by law to be public highways, except as that responsibility may be delegated as set forth in this subchapter.
§ 5.632. Inventory.
The Department of Conservation and Natural Resources, in conjunction with the Game Commission and the Fish and Boat Commission, shall undertake an inventory of unpatented islands in the navigable rivers and in streams declared by law to be public highways.
§ 5.633. State park and forest lands.
The Department of Conservation and Natural Resources may, in accordance with law, manage and control islands under its jurisdiction as Pennsylvania’s State park or State forest lands for one or more of the purposes for which the lands are held, or in connection with the administration of the Pennsylvania Scenic Rivers System or the construction or maintenance of dams or projects for flood control or water conservation, or for other lawful purposes consistent with the public trust responsibilities imposed by PA. CONST. Art. I, § 27.
§ 5.634. Transfer of jurisdiction.
The Department of Conservation and Natural Resources, in the interest of efficiency of administration and in accordance with section 501 of The Administrative Code of 1929 (71 P. S. § 181), may transfer administrative jurisdiction and control over any island to the Game Commission, the Fish and Boat Commission or another Commonwealth agency having land management authority, to be managed by that agency in a manner consistent with its statutory mission and with the Commonwealth’s public trust responsibilities.
§ 5.635. Legal action.
The Department of Conservation and Natural Resources, or another agency to which administrative jurisdiction and control has been transferred under this subchapter, may take action authorized by law, including appropriate legal action, to protect the unpatented islands, prevent their unauthorized use, or otherwise implement the terms of this subchapter.
§ 5.636. Prior patents.
This subchapter does not affect the use or administration of islands which previously passed into private ownership by virtue of valid patents, and which may now be privately or publicly owned.
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