PRIOR PRINTER'S NO. 144 PRINTER'S NO. 1368
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. 19810S0144B1368 - 3 -
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
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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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