PRIOR PRINTER'S NO. 144                       PRINTER'S NO. 1368

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 144 Session of 1981


        INTRODUCED BY REIBMAN, GREENLEAF, MESSINGER, O'CONNELL AND
           HOWARD, JANUARY 27, 1981

        SENATOR FISHER, ENVIRONMENTAL RESOURCES AND ENERGY, AS AMENDED,
           OCTOBER 14, 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) (D). 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)  IF THE FRANCIS E. WALTER DAM IS MODIFIED TO ADD WATER     <--
    25  SUPPLY OR HYDROELECTRIC FACILITIES IN ACCORDANCE WITH THE
    26  DELAWARE RIVER BASIN COMPREHENSIVE PLAN AS ADOPTED BY THE
    27  DELAWARE RIVER BASIN COMMISSION, THE DEPARTMENT IS AUTHORIZED TO
    28  ADJUST THE UPSTREAM LIMITS OF THE DESIGNATION OF THE LEHIGH
    29  RIVER AS NECESSARY TO ALLOW CONSTRUCTION AND OPERATION OF THE
    30  FACILITIES.
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     1     (c) (D)  The designation of the Lehigh Scenic River component  <--
     2  by this act shall not include the following segments of land
     3  which have been determined to be a necessary corridor for
     4  highway transportation improvement or elimination of highway
     5  hazards, said segments to also be noted and shown on the map
     6  entitled "Lehigh River Study" which is on file and available for
     7  public inspection in the Bureau of Land Records, Department of
     8  Community Affairs of the Commonwealth of Pennsylvania:
     9         (1)  Carbon-Luzerne Counties:
    10             (i)  From the present intersection of L.R.408 and
    11         L.R.13018 westward, crossing the Lehigh River through the
    12         Lehigh River Gorge State Park, a 200 foot wide corridor
    13         symmetric to the existing center line of L.R.408.
    14             (ii)  From the present intersection of L.R.408 and
    15         L.R.13018 northward along the centerline of L.R.408 for a
    16         distance of approximately .2 mile, a width of 150 feet
    17         from the centerline of the existing road, west.
    18             (iii)  From the present intersection of L.R.408 and
    19         L.R.13018 southward along L.R.13018 for a distance of .1
    20         mile, a width of 150 feet from the centerline of the
    21         existing road, west.
    22     The right-of-way listed herein is required for construction
    23  purposes, and only as much of the above right-of-way as is
    24  necessary to maintain the transportation facilities will be
    25  retained, after construction is completed. The remainder will
    26  revert to the property owners.
    27     Any highway transportation improvement or elimination of
    28  highway hazards herein shall be in conformance with the
    29  "Guidelines to Improve the Aesthetic Quality of Roads in
    30  Pennsylvania," dated June 1978 and the design shall be mutually
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     1  agreed upon by the Department of Environmental Resources and the
     2  Department of Transportation.
     3  Section 5.  Cooperation and coordination.
     4     All State agencies are authorized to seek the help of and
     5  enter into agreements with the Federal Government and its
     6  agencies and commissions, local governments and concerned
     7  private individuals and organizations with the view of fostering
     8  cooperation and coordination to further the purpose of this act.
     9  To this end, the Department of Environmental Resources shall
    10  also seek the cooperation of the Delaware River Basin
    11  Commission.
    12  Section 6.  Limitation of liability.
    13     The provisions of the act of February 2, 1966 (1965 P.L.1860,
    14  No.586), entitled "An act encouraging landowners to make land
    15  and water areas available to the public for recreational
    16  purposes by limiting liability in connection therewith, and
    17  repealing certain acts," limiting the liability of owners of
    18  land and water areas who make them available to the public for
    19  recreational purposes without charge shall be applicable to
    20  owners of land and water areas within the Lehigh scenic river
    21  component, including such land and water areas in which the
    22  Commonwealth or any subdivision thereof has acquired any
    23  interest including LESS THAN fee simple.                          <--
    24  Section 7.  Responsibilities of the Department of Environmental
    25              Resources.
    26     The Department of Environmental Resources shall assume the
    27  role of lead State agency responsible for:
    28         (1)  the coordination of State agency roles and
    29     responsibilities relating to State lands and water resources,
    30     recreation use and control, and the administration of
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     1     recreation-related public services on State-owned facilities
     2     within the Lehigh scenic river component;
     3         (2)  coordinating and integrating the management
     4     objectives and policies of all related Commonwealth programs
     5     affecting the Lehigh scenic river component;
     6         (3)  acting as a point of contact for Lehigh scenic river
     7     component residents and visitors;
     8         (4)  implementing the recommendations regarding water
     9     resource management, land management, recreation use and
    10     facility development and administrative responsibilities as
    11     outlined within text of the study of the Lehigh River
    12     conducted by the Department of Environmental Resources under
    13     the "Pennsylvania Scenic Rivers Act" and known as the "Lehigh
    14     Scenic River Study"; and
    15         (5)  defining and regulating the carrying capacity of the
    16     Lehigh River Gorge to minimize the impacts of overuse upon
    17     this resource.
    18  SECTION 8.  SPECIAL PROVISIONS.                                   <--
    19     ANY COMMONWEALTH ACQUISITION OF EASEMENTS AS APPLIED TO THE
    20  STATE WILD AND SCENIC RIVERS PROGRAM ON THE 13 NAMED TRIBUTARIES
    21  FOR PURPOSES OF PROTECTING SCENIC VALUES OR PROVIDING PUBLIC
    22  ACCESS ON PRIVATELY OWNED PROPERTY SHALL REQUIRE CONSENT OF THE
    23  PROPERTY OWNER. THIS PROVISION SHALL NOT, HOWEVER, IN ANY WAY
    24  AFFECT THE ACQUISITION OF LAND FOR THE PROPOSED LEHIGH RIVER
    25  GORGE STATE PARK.
    26  Section 8 9.  Expenditure of funds.                               <--
    27     The Departments of Environmental Resources and Community
    28  Affairs are authorized to expend moneys when available for:
    29  technical assistance for implementation of and planning under
    30  the study of the Lehigh River conducted by the Department of
    19810S0144B1368                  - 6 -

     1  Environmental Resources under the "Pennsylvania Scenic Rivers
     2  Act" and known as the "Lehigh Scenic River Study."
     3  Section 9 10.  Effective date.                                    <--
     4     This act shall take effect immediately.


















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