PRINTER'S NO. 1472
No. 1249 Session of 1977
INTRODUCED BY MORRIS, J. L. WRIGHT JR., LAUDADIO, WARGO, GALLAGHER, GREENFIELD, RIEGER, SCHMITT, COLE, GEISLER, DiCARLO, GARZIA, KELLY, FEE, DeMEDIO, MANDERINO, GOODMAN, STUBAN, WISE, SWEET, GIAMMARCO, McCALL, ZWIKL, CALTAGIRONE, ZITTERMAN, MILLIRON, LETTERMAN, STEWART, BITTINGER, LIVENGOOD, D. R. WRIGHT, DeWEESE, BURNS, WEIDNER AND WILSON, JUNE 7, 1977
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 7, 1977
AN ACT 1 Imposing powers and duties on the Pennsylvania Historical and 2 Museum Commission with respect to historical preservation; 3 establishing the Historic Preservation Board and prescribing 4 its powers and duties; providing for archeological field 5 investigations on public land; requiring notice before 6 certain property can be transferred; providing for inter- 7 agency cooperation and providing penalties. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Short title. 11 This act shall be known and may be cited as the "Historic 12 Preservation Act." 13 Section 2. Findings and declaration of policy. 14 It is hereby determined and declared as a matter of 15 legislative finding and policy that: 16 (1) Section 27 of Article I of the Constitution of 17 Pennsylvania makes the Commonwealth trustee for the 18 preservation of the historic values of the environment.
1 (2) The conservation of Pennsylvania's historic heritage 2 and the preservation of public records, historic documents 3 and objects of historic interest, and the identification, 4 restoration and preservation of architecturally and 5 historically significant sites and structures are duties 6 vested primarily in the Pennsylvania Historical and Museum 7 Commission. 8 (3) The irreplaceable historical, architectural, 9 archeological and cultural heritage of the Commonwealth 10 should be preserved and protected for the benefit of all of 11 the people, including future generations. 12 (4) The preservation and protection of historic 13 resources within the Commonwealth promotes the public health, 14 prosperity and general welfare. 15 (5) The rapid social and economic development of our 16 contemporary society threatens to destroy the remaining 17 vestiges of our historic heritage. 18 (6) It is in the public interest for the Commonwealth, 19 its citizens and its political subdivisions to engage in 20 comprehensive programs of historic preservation for the 21 enjoyment, education and inspiration of all the people, 22 including future generations. 23 Section 3. Definitions. 24 The following words and phrases when used in this act shall 25 have, unless the context clearly indicates otherwise, the 26 meanings given to them in this section: 27 "Archeological field investigation." The study of human 28 culture at any archeological site by means of surveying, 29 digging, sampling, excavation or removing archeological 30 specimens. 19770H1249B1472 - 2 -
1 "Archeological specimens." All artifacts, remains, objects 2 or any other evidence of historic, prehistoric, or 3 anthropological value, whether found above or below the surface 4 of the earth. 5 "Commission." The Pennsylvania Historical and Museum 6 Commission. 7 "Historic preservation." The research, restoration, 8 rehabilitation and other activities furthering the protection, 9 enhancement, continued existence or enjoyment of historic 10 resources. 11 "Historic resources." Any building, structure, object, 12 district, place, site or area significant in the history, 13 architecture, archeology or culture of the Commonwealth, its 14 communities or the Nation. 15 "Pennsylvania Register of Historic Places." A selected 16 inventory of historic resources determined by the commission to 17 be significant in the history, architecture, archeology or 18 culture of the Commonwealth, its communities or the Nation. 19 "Private organizations." Any organization constituted to 20 engage in historic preservation. 21 "Public officials." Officers, agents and employees of the 22 Federal Government, Commonwealth of Pennsylvania, its counties, 23 townships, municipalities and other political subdivisions. 24 Section 4. The Pennsylvania Historical and Museum Commission. 25 The commission shall be the agency primarily responsible for 26 the initiation, encouragement, support and coordination of 27 historic preservation efforts in the Commonwealth. 28 Section 5. Powers and duties of the commission. 29 The commission shall have the following powers and duties: 30 (1) Initiate and coordinate a Statewide survey to 19770H1249B1472 - 3 -
1 identify and document the historic resources in the 2 Commonwealth, whether publicly or privately owned. 3 (2) Compile, maintain, continually revise and publish a 4 selected inventory of significant historic resources in the 5 Commonwealth, to be known as the Pennsylvania Register of 6 Historic Places, pursuant to a criteria of significance 7 approved by the commission. 8 (3) Conduct research and compile documentation regarding 9 historic resources. 10 (4) Prepare a comprehensive plan for the preservation of 11 the historic resources within the Commonwealth, including 12 suggested priorities for the allocation of public and private 13 financial resources. 14 (5) Undertake the activities necessary to qualify the 15 Commonwealth for participation in programs and sources of 16 Federal assistance for historic preservation purposes. 17 (6) Provide information and advice on historic resources 18 and historic preservation to public officials, private 19 individuals and organizations. 20 (7) Advise public officials regarding the planning and 21 implementation of undertakings affecting historic resources, 22 including overall land-use planning. 23 (8) Provide technical and financial assistance to public 24 officials, private individuals and organizations engaged in 25 historic preservation activities. 26 (9) Undertake activities to stimulate public interest in 27 historic preservation, including publications, newsletters 28 and conferences. 29 (10) Coordinate and comment upon activities of public 30 officials affecting historic resources and preservation 19770H1249B1472 - 4 -
1 activities. 2 (11) Solicit, receive and utilize funds from any public 3 or private source for historic preservation purposes. 4 (12) Acquire easements in historic resources and 5 associated properties by gift, purchase, devise, bequest or 6 any other lawful transfer when acquisition is necessary for 7 the preservation of the historic resource. 8 (13) Rent or lease historic resources and associated 9 properties for historic preservation purposes. 10 (14) Contract with public officials, agents or other 11 states, private individuals and organizations for historic 12 preservation purposes. 13 (15) Develop a comprehensive plan and program for the 14 protection and investigation of archeological resources 15 within the Commonwealth. 16 (16) Issue appropriate regulations for the 17 implementation of this section. 18 Section 6. Historic Preservation Board. 19 There is hereby established a Historic Preservation Board, 20 composed of no less than nine citizens designated by the 21 commission, pursuant to recommendations by the State Historic 22 Preservation Officer. The membership shall include at least one 23 member with demonstrated competence in each of the following 24 disciplines: architecture, archeology, architectural history and 25 history. 26 Section 7. Powers and duties of the Historic Preservation Board. 27 The Historic Preservation Board shall have the following 28 powers and duties: 29 (1) Advise the commission on criteria of significance 30 for inclusion of historic resources in the Pennsylvania 19770H1249B1472 - 5 -
1 Register of Historic Places. 2 (2) Review and recommend nominations of historic 3 resources within the Commonwealth to the National Register of 4 Historic Places. 5 (3) Review and comment upon the commission's 6 comprehensive preservation plan for historic resources within 7 the Commonwealth. 8 (4) Undertake such other activities determined by the 9 commission to be necessary or desirable for the preservation 10 of historic resources within the Commonwealth. 11 Section 8. Term and compensation of Historic Preservation Board 12 members. 13 Members of the State Historic Preservation Board shall serve 14 for a term of two years without compensation, other than 15 reimbursement for actual and necessary expenses incurred in the 16 performance of their duties. 17 Section 9. Archeological field investigation on public land. 18 (a) The Commonwealth reserves to itself the exclusive right 19 to conduct archeological field investigations on archeological 20 sites owned or controlled by it, its agencies, departments and 21 institutions in order to protect and preserve archeological 22 specimens and information, which shall remain the property of 23 the Commonwealth and shall be utilized for scientific and public 24 educational purposes. 25 (b) The commission shall be the agency responsible for the 26 preservation, protection and proper investigation of 27 archeological sites located on land owned or controlled by the 28 Commonwealth's agencies, departments and institutions. 29 (c) The commission shall conduct a survey of archeological 30 sites located within the Commonwealth, and may make available 19770H1249B1472 - 6 -
1 the results of such a survey to all agencies of the Commonwealth 2 and its political subdivisions that, in the opinion of the 3 commission, may conduct activities which would affect such 4 archeological sites. 5 (d) The commission may issue permits for archeological field 6 investigations, subject to such restraints and conditions as it 7 may prescribe; provided that such activity is undertaken with a 8 view toward disseminating the knowledge gained through such 9 undertakings; and provided that a summary written report of such 10 undertakings, containing relevant maps, documents, drawings, and 11 photographs be submitted to the commission; and further provided 12 that all archeological specimens collected pursuant to such 13 permit shall be the exclusive property of the Commonwealth, 14 which through the commission shall make appropriate arrangements 15 for their appreciation and study. 16 Section 10. Cooperation with the commission. 17 All public officials shall cooperate fully with the 18 commission in the preservation, protection and investigation of 19 archeological sites and to that end: 20 (1) Notify the commission before undertaking any 21 Commonwealth, Commonwealth assisted, licensed or contracted 22 project that may affect archeological sites. 23 (2) When any public official is aware that any 24 undertaking in connection with any Commonwealth, Commonwealth 25 assisted, Commonwealth licensed or contracted project, 26 activity or program affects or may affect archeological 27 sites, the official shall notify the commission and shall 28 provide the commission with information concerning the 29 project, program or activity. The provision of this section 30 shall be known to all contractors and other agents whose 19770H1249B1472 - 7 -
1 activities may affect archeological sites. 2 (3) The commission, upon notification or determination 3 that archeological sites are or may be adversely affected, 4 may within 60 days after reasonable notice to the responsible 5 public official conduct or cause to be conducted a survey or 6 other investigations to recover, preserve or otherwise 7 protect information from the archeological site. 8 Section 11. Criminal penalties. 9 Any person who shall conduct field investigation activities 10 on any land owned or controlled by the Commonwealth, without 11 first obtaining a permit therefore from the commission or any 12 person who shall appropriate, deface, destroy or otherwise alter 13 any archeological site or specimen located upon lands owned or 14 controlled by the Commonwealth, except in the course of 15 activities pursued under the authority of a permit granted by 16 the commission, shall be guilty of a misdemeanor punishable by a 17 fine not exceeding $500 or by imprisonment for a period not to 18 exceed six months or both, and in addition, shall forfeit to the 19 Commonwealth all archeological specimens, collected or excavated 20 together with any photographs and records relating to such 21 specimens. 22 Section 12. Transfer of Commonwealth owned land involving 23 historic resources. 24 (a) The Commonwealth, its agencies, departments, bureaus, 25 instrumentalities, officials, agents or employees shall give the 26 commission timely notice of proposed transfers of Commonwealth 27 owned or controlled real property under their jurisdiction. 28 (b) The Commonwealth, its agencies, departments, bureaus, 29 instrumentalities, officials, agents or employees may, upon 30 recommendation of the commission, condition the transfer and may 19770H1249B1472 - 8 -
1 execute such covenants, deed restrictions or other contractural 2 arrangements as will most likely result in the preservation of 3 any historic resources located on or under the property to be 4 transferred. 5 Section 13. Inter-agency cooperation. 6 All agencies, departments, bureaus, commissions, 7 instrumentalities, agents and employees of the Commonwealth 8 shall: 9 (1) Consult the commission before demolishing, altering 10 or transferring any property under their jurisdiction that is 11 or may be of historical, architectural, archeological or 12 cultural significance. 13 (2) Seek the advice of the commission on possible 14 alternatives to the demolition, alteration or transfer of 15 property under their jurisdiction that is on or may be 16 eligible for the Pennsylvania Register of Historic Places. 17 (3) Initiate measures and procedures to provide for the 18 maintenance, through preservation, rehabilitation or 19 restoration, of historic resources under their ownership or 20 control that are listed on or are eligible for the 21 Pennsylvania Register of Historic Places. 22 (4) Institute procedures and policies to assure that 23 their plans, programs, codes, regulations and activities 24 contribute to the preservation and enhancement of all 25 historic resources in the Commonwealth. 26 (5) Submit the procedures and policies described in 27 paragraphs (2) and (3) to the commission for review and 28 comment. 29 Section 14. Enforcement of historic preservation laws and 30 policies. 19770H1249B1472 - 9 -
1 The Attorney General, the commission, any political 2 subdivision of the Commonwealth, any person, partnership, 3 corporation, association or other legal entity may maintain an 4 action in any administrative tribunal or court of competent 5 jurisdiction for the protection or preservation of any historic 6 resource in the Commonwealth. 7 Section 15. Constitutional construction. 8 The provisions of this act shall be severable and, if any of 9 the provisions thereof shall be held unconstitutional, such 10 decisions shall not affect the validity of any of the remaining 11 provisions of this act. It is hereby declared as the legislative 12 intent that this act would have been adopted has such 13 unconstitutional provisions not been included therein. 14 Section 16. Effective date. 15 This act shall take effect immediately. E2L54RW/19770H1249B1472 - 10 -