Pennsylvania Statutes Title 71 P.S. State Government § 751-37. Reorganization Plan No. 1 of 1982--Navigation Commission for the Delaware River--Transfer of powers and duties

Section 1. The functions, powers and duties of the Department of Commerce with regard to the Navigation Commission for the Delaware River and its navigable tributaries, as set forth in the act of July 9, 1976 (P.L. 980, No. 197),  1 entitled “An act amending the act of April 9, 1929 (P.L. 177, No. 175), entitled ‘An act providing for and reorganizing the conduct of the executive and administrative work of the Commonwealth by the Executive Department thereof and the administrative departments, boards, commissions, and officers thereof, including the boards of trustees of State Normal Schools, or Teachers Colleges; abolishing, creating, reorganizing or authorizing the reorganization of certain administrative departments, boards, and commissions; defining the powers and duties of the Governor and other executive and administrative officers, and of the several administrative departments, boards, commissions, and officers; fixing the salaries of the Governor, Lieutenant Governor, and certain other executive and administrative officers; providing for the appointment of certain administrative officers, and of all deputies and other assistants and employes in certain departments, boards, and commissions; and prescribing the manner in which the number and compensation of the deputies and all other assistants and employes of certain departments, boards and commissions shall be determined,’ further providing for the Navigation Commission for the Delaware River and its navigable tributaries and making repeals and making an appropriation,” and, except as provided in section 2, any other laws setting forth the functions, powers and duties of the commission, are hereby transferred to the Department of State.

Section 2. The functions, powers and duties of the Navigation Commission for the Delaware River with regard to regulation, review and approval of dams, water obstructions and encroachments in the commercially navigable waters of the Delaware River or of its navigable tributaries, as set forth in section 12 of the act of November 26, 1978 (P.L. 1375, No. 325), known as the “Dam Safety and Encroachments Act,”  2 are transferred to the Department of Environmental Resources.

Section 3. There are hereby transferred to the Department of State to be used, employed and expended in connection with the functions, powers and duties transferred by section 1 of this Reorganization Plan, any contract obligations, records, files, property, supplies, equipment and personnel now being used, held or employed in connection with such functions, powers and duties, and the unexpended balances of appropriations, allocations or other funds available or to be made available for use in connection with such functions, powers and duties.

Section 4. There are hereby transferred to the Department of Environmental Resources to be used, employed and expended in connection with the functions, powers and duties transferred by section 2 of this Reorganization Plan, the personnel, contract obligations, if any, records, files, property, supplies and equipment now being used or held in connection with such functions, powers and duties and the unexpended balances of appropriations, allocations or other funds available or to be made available for use in connection with such functions, powers and duties.

Section 5. The act of July 9, 1976 (P.L. 980, No. 197), entitled “An act amending the act of April 9, 1929 (P.L. 177, No. 175), entitled ‘An act providing for and reorganizing the conduct of the executive and administrative work of the Commonwealth by the Executive Department thereof and the administrative departments, boards, commissions, and officers thereof, including the boards of trustees of State Normal Schools, or Teachers Colleges; abolishing, creating, reorganizing or authorizing the reorganization of certain administrative departments, boards, and commissions; defining the powers and duties of the Governor and other executive and administrative officers, and of the several administrative departments, boards, commissions, and officers; fixing the salaries of the Governor, Lieutenant Governor, and certain other executive and administrative officers; providing for the appointment of certain administrative officers, and of all deputies and other assistants and employes in certain departments, boards, and commissions; and prescribing the manner in which the number and compensation of the deputies and all other assistants and employes of certain departments, boards and commissions shall be determined,’ further providing for the Navigation Commission for the Delaware River and its navigable tributaries and making repeals and making an appropriation,” section 12 of the act of November 26, 1978 (P.L. 1375, No. 325), known as the “Dam Safety and Encroachments Act,” and any other laws setting forth the functions, powers and duties of the commission, are hereby suspended insofar as they conflict with this Reorganization Plan.