HARRY HUGHES, Governor                                         3417

BOUNDARIES, THE DEPARTMENT SHALL PERFORM THE SURVEY AT THE
DEPARTMENT'S EXPENSE .

(2) THE YOUGHIOGHENY LOCAL SCENIC AND WILD RIVER
ADVISORY BOARD SHALL VERIFY THE FIELD SURVEY INVESTIGATION THAT
THE SECRETARY USES TO DEFINE THE EXTENT OF THE SCENIC CORRIDOR.

(D)  BY JULY 1, 1985, THE SECRETARY SHALL VERIFY THE
BOUNDARIES OF THE SCENIC CORRIDOR OF THE YOUGHIOGHENY RIVER WITH
EACH PROPERTY OWNER WHOSE PROPERTY IS INCLUDED IN THE SCENIC
CORRIDOR:

(1) (I) BY AN OPPORTUNITY FOR AN ON-SITE REVIEW OF
THE VISUAL BOUNDARIES; OR

(2)(II) IF AN ON-SITE REVIEW IS NOT POSSIBLE, BY
CONSTRUCTIVE NOTICE IN A CERTIFIED LETTER, RETURN RECEIPT
REQUESTED, BEARING A POSTMARK OF THE UNITED STATES POSTAL
SERVICE, THAT STATES THE BOUNDARIES OF THE SCENIC CORRIDOR IN A
WAY THAT IS EASILY UNDERSTOOD . ; AND

(2) (I) THE SECRETARY SHALL SUBMIT TO EACH PROPERTY
OWNER A MAP INDICATING THE PROPOSED BOUNDARIES THAT AFFECT THE
PROPERTY OWNER.

(II) IF THE PROPERTY OWNER IS NOT SATISFIED
WITH THE PROPOSED BOUNDARIES SHOWN TO THE PROPERTY OWNER BY THE
DEPARTMENT, WITHIN 30 DAYS AFTER THE PROPERTY OWNER HAS BEEN
SHOWN THE PROPOSED BOUNDARIES, THE PROPERTY OWNER MAY REQUEST, IN
WRITING, A FIELD SURVEY OF THE BOUNDARIES.

(III) IF FUNDING FOR THE REQUESTED FIELD SURVEY
IS NOT IMMEDIATELY AVAILABLE:

1. THE DEPARTMENT SHALL REQUEST FUNDING
FOR THE FIELD SURVEY IN THE NEXT FISCAL BUDGET; AND

2. THE FIELD SURVEY IS CONTINGENT ON THAT
FUNDING BEING PROVIDED.

(IV) NOTHING IN THIS SUBSECTION SHALL PREVENT
THE SECRETARY FROM PROCEEDING TO ADOPT RULES AND REGULATIONS TO
DEFINE THE SCENIC CORRIDOR UNDER SUBSECTIONS (B) AND (C) OF THIS
SECTION.

(E)  (1) THE PROVISIONS OF THIS SUBSECTION DO NOT APPLY TO
ANY AREA IN THE SCENIC CORRIDOR THAT HAS BEEN MINED AND IS NOT
RECLAIMED.

(2) A PERSON MAY NOT MINE ANY MINERALS BY THE STRIP
OR OPEN PIT MINING METHOD IN THE SCENIC CORRIDOR.

8-409.