PRINTER'S NO. 144
No. 144 Session of 1981
INTRODUCED BY REIBMAN, GREENLEAF, MESSINGER, O'CONNELL AND
HOWARD, JANUARY 27, 1981
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
JANUARY 27, 1981
AN ACT
1 Designating a portion of the Lehigh River as a component of the
2 Pennsylvania Scenic Rivers System in accordance with the
3 Pennsylvania Scenic Rivers Act; providing for cooperation,
4 limitation of liability and regulation of river recreational
5 usage and authorizing the expenditure of moneys.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the "Lehigh
10 Scenic River Act."
11 Section 2. Legislative findings and purpose.
12 The Department of Environmental Resources has, in accordance
13 with the act of December 5, 1972 (P.L.1277, No.283), known as
14 the "Pennsylvania Scenic Rivers Act," fulfilled its obligations
15 and responsibilities prerequisite to the designation of a
16 portion of the Lehigh River as a component of the Pennsylvania
17 Scenic Rivers System. The designation of this Lehigh scenic
18 river component by this act is with the view of conserving and
1 enhancing its scenic quality and of promoting public
2 recreational enjoyment, in accordance with the policy and
3 provisions of the "Pennsylvania Scenic Rivers Act."
4 Section 3. Definitions.
5 The following words and phrases when used in this act shall
6 have, unless the context clearly indicates otherwise, the
7 meaning given to them in this section:
8 "Carrying capacity." The level of use which a resources can
9 support without causing a change, incapable of restoration by
10 natural means, in the environment and without causing an unsafe
11 condition for resource users.
12 Section 4. Designation and classification.
13 (a) The 32-mile portion of the Lehigh River, including 13
14 tributary streams and related adjacent land areas, from the
15 Francis E. Walter Dam, Luzerne County, to Jim Thorpe, Carbon
16 County, is designated as a component of the Pennsylvania Scenic
17 Rivers System under the Pennsylvania Scenic Rivers Act subject
18 to the provisions of subsection (c). The boundaries of the
19 component and of the classified segments have been defined by
20 the Department of Environmental Resources and are shown on the
21 map entitled "LEHIGH SCENIC RIVER STUDY" which is on file and
22 available for public inspection in the Bureau of Land Records,
23 Department of Community Affairs of the Commonwealth of
24 Pennsylvania.
25 (b) Segments of the component are classified as follows:
26 (1) Lehigh River--Francis E. Walter Dam to Bench Mark
27 548 at Bear Mountain, Jim Thorpe--32.80 river miles--scenic.
28 (2) Hays Creek--Lehigh River to Fourth Run--1.13 river
29 miles--scenic.
30 (3) Sandy Run--Lehigh River to Old Railroad Grade
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1 Crossing--1.21 river miles--wild.
2 (4) Hickory Run--Lehigh River to Hickory Run Lake--3.90
3 river miles--scenic.
4 (5) Leslie Run--Lehigh River to Poor Man's Pond--1.32
5 river miles--scenic.
6 (6) Mud Run--Lehigh River to Panther Creek--6.24 river
7 miles--scenic.
8 (7) Drakes Creek--Lehigh River to junction with unnamed
9 tributary below Christmans--1.47 river miles--scenic.
10 (8) Stony Creek--Lehigh River to Yellow Run--3.06 river
11 miles--wild.
12 (9) Black Creek--Lehigh River to Quakeke Creek--4.35
13 river miles--scenic.
14 (10) Bear Creek--Lehigh River to unnamed tributary below
15 Bear Creek Dam 1400' elevation--3.00 river miles--wild.
16 (11) Little Bear Creek--Lehigh River to headwaters--1.04
17 river miles--wild.
18 (12) Glenn Onoko--Lehigh River to headwaters--.98 river
19 miles--wild.
20 (13) Jeans Run--Lehigh River to headwaters to
21 Nesquehoning Creek--2.72 river miles--wild.
22 (14) Nesquehoning Creek--Lehigh River to Jeans Run
23 confluence--.73 river miles--scenic.
24 (c) The designation of the Lehigh Scenic River component by
25 this act shall not include the following segments of land which
26 have been determined to be a necessary corridor for highway
27 transportation improvement or elimination of highway hazards,
28 said segments to also be noted and shown on the map entitled
29 "Lehigh River Study" which is on file and available for public
30 inspection in the Bureau of Land Records, Department of
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1 Community Affairs of the Commonwealth of Pennsylvania:
2 (1) Carbon-Luzerne Counties:
3 (i) From the present intersection of L.R.408 and
4 L.R.13018 westward, crossing the Lehigh River through the
5 Lehigh River Gorge State Park, a 200 foot wide corridor
6 symmetric to the existing center line of L.R.408.
7 (ii) From the present intersection of L.R.408 and
8 L.R.13018 northward along the centerline of L.R.408 for a
9 distance of approximately .2 mile, a width of 150 feet
10 from the centerline of the existing road, west.
11 (iii) From the present intersection of L.R.408 and
12 L.R.13018 southward along L.R.13018 for a distance of .1
13 mile, a width of 150 feet from the centerline of the
14 existing road, west.
15 The right-of-way listed herein is required for construction
16 purposes, and only as much of the above right-of-way as is
17 necessary to maintain the transportation facilities will be
18 retained, after construction is completed. The remainder will
19 revert to the property owners.
20 Any highway transportation improvement or elimination of
21 highway hazards herein shall be in conformance with the
22 "Guidelines to Improve the Aesthetic Quality of Roads in
23 Pennsylvania," dated June 1978 and the design shall be mutually
24 agreed upon by the Department of Environmental Resources and the
25 Department of Transportation.
26 Section 5. Cooperation and coordination.
27 All State agencies are authorized to seek the help of and
28 enter into agreements with the Federal Government and its
29 agencies and commissions, local governments and concerned
30 private individuals and organizations with the view of fostering
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1 cooperation and coordination to further the purpose of this act.
2 To this end, the Department of Environmental Resources shall
3 also seek the cooperation of the Delaware River Basin
4 Commission.
5 Section 6. Limitation of liability.
6 The provisions of the act of February 2, 1966 (1965 P.L.1860,
7 No.586), entitled "An act encouraging landowners to make land
8 and water areas available to the public for recreational
9 purposes by limiting liability in connection therewith, and
10 repealing certain acts," limiting the liability of owners of
11 land and water areas who make them available to the public for
12 recreational purposes without charge shall be applicable to
13 owners of land and water areas within the Lehigh scenic river
14 component, including such land and water areas in which the
15 Commonwealth or any subdivision thereof has acquired any
16 interest including fee simple.
17 Section 7. Responsibilities of the Department of Environmental
18 Resources.
19 The Department of Environmental Resources shall assume the
20 role of lead State agency responsible for:
21 (1) the coordination of State agency roles and
22 responsibilities relating to State lands and water resources,
23 recreation use and control, and the administration of
24 recreation-related public services on State-owned facilities
25 within the Lehigh scenic river component;
26 (2) coordinating and integrating the management
27 objectives and policies of all related Commonwealth programs
28 affecting the Lehigh scenic river component;
29 (3) acting as a point of contact for Lehigh scenic river
30 component residents and visitors;
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1 (4) implementing the recommendations regarding water
2 resource management, land management, recreation use and
3 facility development and administrative responsibilities as
4 outlined within text of the study of the Lehigh River
5 conducted by the Department of Environmental Resources under
6 the "Pennsylvania Scenic Rivers Act" and known as the "Lehigh
7 Scenic River Study"; and
8 (5) defining and regulating the carrying capacity of the
9 Lehigh River Gorge to minimize the impacts of overuse upon
10 this resource.
11 Section 8. Expenditure of funds.
12 The Departments of Environmental Resources and Community
13 Affairs are authorized to expend moneys when available for:
14 technical assistance for implementation of and planning under
15 the study of the Lehigh River conducted by the Department of
16 Environmental Resources under the "Pennsylvania Scenic Rivers
17 Act" and known as the "Lehigh Scenic River Study."
18 Section 9. Effective date.
19 This act shall take effect immediately.
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