Section 803 - Powers of department(a) The Commonwealth of Pennsylvania, through the Department of Conservation and Natural Resources, hereinafter referred to as the department, is authorized independent of any action by a municipality under section 4 to enter into written cooperative agreements with political subdivisions, landowners, private organizations and individuals and to acquire by agreement, gift, eminent domain or purchase, land, rights-of-way and easements for the purpose of establishing, protecting and maintaining a walking trail right-of-way across this Commonwealth, now generally known as the Appalachian Trail, under such terms and conditions, including payment by the department in lieu of property taxes on trail lands or property so acquired or subject to such use in accordance with the act of May 17, 1929 (P.L. 1798, No. 591) referred to as the Forest Reserves Municipal Financial Relief Law, as shall protect the interests of the actual or adjacent landowners, or land users and as shall further the purposes of this act. In the event of acquisition by eminent domain of land other than tillable farmland, the total amount of land so acquired shall not exceed an average of 125 acres per mile of trail; and in the event of acquisition by eminent domain of tillable farmland, such acquisition of such land shall be limited to a footpath with a width of not more than 25 feet across such land until the owner of such land evidences plans to convert the land to nonfarming use. Any department or agency of the Commonwealth, or any political subdivision, may transfer to the department land or rights in land for these purposes, on terms and conditions as agreed upon, or may enter into an agreement with the department providing for the establishment and protection of the trail.(b) The Appalachian Trail shall be held, developed and administered primarily as a footpath, consonant with the provisions of the National Trails Systems Act applicable to the Appalachian Trail as part of the National Scenic Trails System, and the natural scenic beauty thereof shall be preserved insofar as is practicable. The use of motorized vehicles by the general public along the trail is prohibited: Provided, That the owner of private land over which the trail passes may use or authorize use of motorized vehicles on or across the trail for nonrecreational purposes incident to ownership and management of the land: And, provided further, That the department may authorize use of the trail by motorized emergency vehicles. The department may permit other uses of the trail and land acquired hereunder, by the owner of adjoining land or others, in a manner and for purposes as will not substantially interfere with the primary use of the trail, and may grant temporary or permanent rights-of-way across lands acquired under this act under terms and conditions deemed advisable. Nothing in this act shall be construed to limit the right of the public to pass over public roads which are part of the trail, or to prevent the department from performing work necessary for the purpose of forest fire prevention and control, insect, pet and disease control, and the removal of damage caused by natural disaster, or to prohibit or authorize the prohibition of the construction, operation or maintenance by a public utility of overhead or underground facilities at points of intersection with or in close proximity to the trail. The department may enter into cooperative agreements with agencies of the Federal Government, political subdivisions or with private organizations to provide for the maintenance of the trail. No person who has granted a right-of-way for the trail across his land, or his successors in title, shall be liable to any user of the trail for injuries suffered on such portion of the trail unless the same are caused by his willful or wanton misconduct.1978, April 28, P.L. 87, No. 41, §3, effective in 60 days. Amended 2008, June 11, P.L. 176, No. 24, §1, effective in 60 days [ 8/11/2008].