PRIOR PRINTER'S NOS. 144, 1368 PRINTER'S NO. 1408
No. 144 Session of 1981
INTRODUCED BY REIBMAN, GREENLEAF, MESSINGER, O'CONNELL AND
HOWARD, JANUARY 27, 1981
AS AMENDED ON THIRD CONSIDERATION, OCTOBER 26, 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
19 enhancing its scenic quality and of promoting public
1 recreational enjoyment, in accordance with the policy and
2 provisions of the "Pennsylvania Scenic Rivers Act."
3 Section 3. Definitions.
4 The following words and phrases when used in this act shall
5 have, unless the context clearly indicates otherwise, the
6 meaning given to them in this section:
7 "Carrying capacity." The level of use which a resources can
8 support without causing a change, incapable of restoration by
9 natural means, in the environment and without causing an unsafe
10 condition for resource users.
11 Section 4. Designation and classification.
12 (a) The 32-mile portion of the Lehigh River, including 13
13 tributary streams and related adjacent land areas, from the
14 Francis E. Walter Dam, Luzerne County, to Jim Thorpe, Carbon
15 County, is designated as a component of the Pennsylvania Scenic
16 Rivers System under the Pennsylvania Scenic Rivers Act subject
17 to the provisions of subsection (d) (E). The boundaries of the <--
18 component and of the classified segments have been defined by
19 the Department of Environmental Resources and are shown on the
20 map entitled "LEHIGH SCENIC RIVER STUDY" which is on file and
21 available for public inspection in the Bureau of Land Records,
22 Department of Community Affairs of the Commonwealth of
23 Pennsylvania.
24 (b) Segments of the component are classified as follows:
25 (1) Lehigh River--Francis E. Walter Dam to Bench Mark
26 548 at Bear Mountain, Jim Thorpe--32.80 river miles--scenic.
27 (2) Hays Creek--Lehigh River to Fourth Run--1.13 river
28 miles--scenic.
29 (3) Sandy Run--Lehigh River to Old Railroad Grade
30 Crossing--1.21 river miles--wild.
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1 (4) Hickory Run--Lehigh River to Hickory Run Lake--3.90
2 river miles--scenic.
3 (5) Leslie Run--Lehigh River to Poor Man's Pond--1.32
4 river miles--scenic.
5 (6) Mud Run--Lehigh River to Panther Creek--6.24 river
6 miles--scenic.
7 (7) Drakes Creek--Lehigh River to junction with unnamed
8 tributary below Christmans--1.47 river miles--scenic.
9 (8) Stony Creek--Lehigh River to Yellow Run--3.06 river
10 miles--wild.
11 (9) Black Creek--Lehigh River to Quakeke Creek--4.35
12 river miles--scenic.
13 (10) Bear Creek--Lehigh River to unnamed tributary below
14 Bear Creek Dam 1400' elevation--3.00 river miles--wild.
15 (11) Little Bear Creek--Lehigh River to headwaters--1.04
16 river miles--wild.
17 (12) Glenn Onoko--Lehigh River to headwaters--.98 river
18 miles--wild.
19 (13) Jeans Run--Lehigh River to headwaters to
20 Nesquehoning Creek--2.72 river miles--wild.
21 (14) Nesquehoning Creek--Lehigh River to Jeans Run
22 confluence--.73 river miles--scenic.
23 (c) If the Francis E. Walter Dam is modified to add water
24 supply or hydroelectric facilities in accordance with the
25 Delaware River Basin Comprehensive Plan as adopted by the
26 Delaware River Basin Commission, the department is authorized to
27 adjust the upstream limits of the designation of the Lehigh
28 River as necessary to allow construction and operation of the
29 facilities.
30 (D) NOTHING IN THIS ACT SHALL BE CONSTRUED TO PROHIBIT AN <--
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1 ELECTRIC LINE CROSSING WITHIN THE DESIGNATED SEGMENTS OF THE
2 LEHIGH RIVER PROVIDED THE NECESSITY THEREFOR AND ENVIRONMENTAL
3 EFFECTS THEREOF HAVE PREVIOUSLY BEEN REVIEWED AND APPROVED BY
4 THE PENNSYLVANIA PUBLIC UTILITY COMMISSION AND BY THE DEPARTMENT
5 OF ENVIRONMENTAL RESOURCES AND THAT, IF FEASIBLE, NEW OR
6 EXPANDED ELECTRIC LINE CROSSINGS ARE LOCATED ADJACENT TO
7 EXISTING LINE CROSSINGS WITHIN THE DESIGNATED SEGMENTS OF THE
8 LEHIGH RIVER.
9 (d) (E) The designation of the Lehigh Scenic River component <--
10 by this act shall not include the following segments of land
11 which have been determined to be a necessary corridor for
12 highway transportation improvement or elimination of highway
13 hazards, said segments to also be noted and shown on the map
14 entitled "Lehigh River Study" which is on file and available for
15 public inspection in the Bureau of Land Records, Department of
16 Community Affairs of the Commonwealth of Pennsylvania:
17 (1) Carbon-Luzerne Counties:
18 (i) From the present intersection of L.R.408 and
19 L.R.13018 westward, crossing the Lehigh River through the
20 Lehigh River Gorge State Park, a 200 foot wide corridor
21 symmetric to the existing center line of L.R.408.
22 (ii) From the present intersection of L.R.408 and
23 L.R.13018 northward along the centerline of L.R.408 for a
24 distance of approximately .2 mile, a width of 150 feet
25 from the centerline of the existing road, west.
26 (iii) From the present intersection of L.R.408 and
27 L.R.13018 southward along L.R.13018 for a distance of .1
28 mile, a width of 150 feet from the centerline of the
29 existing road, west.
30 (F) The right-of-way listed herein is required for <--
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1 construction purposes, and only as much of the above right-of-
2 way as is necessary to maintain the transportation facilities
3 will be retained, after construction is completed. The remainder
4 will revert to the property owners.
5 (G) Any highway transportation improvement or elimination of <--
6 highway hazards herein shall be in conformance with the
7 "Guidelines to Improve the Aesthetic Quality of Roads in
8 Pennsylvania," dated June 1978 and the design shall be mutually
9 agreed upon by the Department of Environmental Resources and the
10 Department of Transportation.
11 Section 5. Cooperation and coordination.
12 All State agencies are authorized to seek the help of and
13 enter into agreements with the Federal Government and its
14 agencies and commissions, local governments and concerned
15 private individuals and organizations with the view of fostering
16 cooperation and coordination to further the purpose of this act.
17 To this end, the Department of Environmental Resources shall
18 also seek the cooperation of the Delaware River Basin
19 Commission.
20 Section 6. Limitation of liability.
21 The provisions of the act of February 2, 1966 (1965 P.L.1860,
22 No.586), entitled "An act encouraging landowners to make land
23 and water areas available to the public for recreational
24 purposes by limiting liability in connection therewith, and
25 repealing certain acts," limiting the liability of owners of
26 land and water areas who make them available to the public for
27 recreational purposes without charge shall be applicable to
28 owners of land and water areas within the Lehigh scenic river
29 component, including such land and water areas in which the
30 Commonwealth or any subdivision thereof has acquired any
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1 interest less than fee simple.
2 Section 7. Responsibilities of the Department of Environmental
3 Resources.
4 The Department of Environmental Resources shall assume the
5 role of lead State agency responsible for:
6 (1) the coordination of State agency roles and
7 responsibilities relating to State lands and water resources,
8 recreation use and control, and the administration of
9 recreation-related public services on State-owned facilities
10 within the Lehigh scenic river component;
11 (2) coordinating and integrating the management
12 objectives and policies of all related Commonwealth programs
13 affecting the Lehigh scenic river component;
14 (3) acting as a point of contact for Lehigh scenic river
15 component residents and visitors;
16 (4) implementing the recommendations regarding water
17 resource management, land management, recreation use and
18 facility development and administrative responsibilities as
19 outlined within text of the study of the Lehigh River
20 conducted by the Department of Environmental Resources under
21 the "Pennsylvania Scenic Rivers Act" and known as the "Lehigh
22 Scenic River Study"; and
23 (5) defining and regulating the carrying capacity of the
24 Lehigh River Gorge to minimize the impacts of overuse upon
25 this resource.
26 Section 8. Special provisions.
27 Any Commonwealth acquisition of easements as applied to the
28 State Wild and Scenic Rivers Program on the 13 named tributaries
29 for purposes of protecting scenic values or providing public
30 access on privately owned property shall require consent of the
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1 property owner. This provision shall not, however, in any way
2 affect the acquisition of land for the proposed Lehigh River
3 Gorge State Park.
4 Section 9. Expenditure of funds.
5 The Departments of Environmental Resources and Community
6 Affairs are authorized to expend moneys when available for:
7 technical assistance for implementation of and planning under
8 the study of the Lehigh River conducted by the Department of
9 Environmental Resources under the "Pennsylvania Scenic Rivers
10 Act" and known as the "Lehigh Scenic River Study."
11 Section 10. Effective date.
12 This act shall take effect immediately.
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