PRIOR PRINTER'S NO. 1181                      PRINTER'S NO. 2783

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1071 Session of 1987


        INTRODUCED BY DOMBROWSKI, CAPPABIANCA, BOYES, MERRY AND BOWSER,
           APRIL 7, 1987

        AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, FEBRUARY 2, 1988

                                     AN ACT

     1  Imposing powers and duties on the Pennsylvania Historical and
     2     Museum Commission with respect to the observance of naval and
     3     maritime history celebrations; establishing an official
     4     flagship for the Commonwealth; and providing for interagency
     5     cooperation.

     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 Flagship of
    10  Pennsylvania Act.
    11  Section 2.  Findings and declaration of policy.
    12     It is hereby determined and declared as a matter of
    13  legislative finding and policy that:
    14         (1)  Section 2801-A of the act of April 9, 1929 (P.L.177,
    15     No.175), known as The Administrative Code of 1929, designates
    16     the Pennsylvania Historical and Museum Commission as the
    17     official agency of the Commonwealth for the conservation of
    18     Pennsylvania's historic heritage.


     1         (2)  The commission holds in trust the U.S. Brig Niagara   <--
     2     UNITED STATES BRIG NIAGARA at Erie, Pennsylvania. One of only  <--
     3     three existing early 19th century fighting ships of the
     4     United States Navy, the Niagara UNITED STATES BRIG NIAGARA is  <--
     5     the only remaining ship of its type from the War of 1812.
     6         (3)  The U.S. Brig Niagara UNITED STATES BRIG NIAGARA      <--
     7     serves today as a memorial to the Americans who built and
     8     sailed a squadron of warships so that the United States would
     9     remain free of foreign domination. On September 10, 1813,
    10     this American squadron of nine small ships, six of them
    11     constructed in the settlement of Erie, defeated a six-ship
    12     British squadron in the Battle of Lake Erie. This victory in
    13     the War of 1812 removed the British threat to the Northwest
    14     Territory, opened supply lines and raised morale throughout
    15     an apprehensive and divided nation.
    16         (4)  The U.S. Brig Niagara UNITED STATES BRIG NIAGARA is   <--
    17     significant because of its service during this engagement as
    18     Commodore Oliver Hazard Perry's relief flagship after his
    19     original flagship Lawrence LAWRENCE had been disabled. Flying  <--
    20     Perry's famous "Don't Give Up The Ship" battle flag, the
    21     Niagara UNITED STATES BRIG NIAGARA was brought quickly into    <--
    22     the line of battle, forcing the surrender of the British
    23     squadron. This event, marking the only time in history that
    24     an entire British naval squadron was captured, was reported
    25     by Perry in his letter which began with the now-famous
    26     phrase, "We have met the enemy and they are ours..."
    27         (5)  The U.S. Brig Niagara UNITED STATES BRIG NIAGARA is   <--
    28     further significant as being one of six ships constructed at
    29     Erie, built largely of native Pennsylvania materials and
    30     sailed by Americans from various regions of what was the
    19870H1071B2783                  - 2 -

     1     United States in 1813.
     2         (6)  After the War of 1812, the U.S. Brig Niagara UNITED   <--
     3     STATES BRIG NIAGARA remained in Erie as a station ship until
     4     1820 when she was scuttled in Misery Bay to preserve her for
     5     possible future use. Her remains were raised in 1913 by a
     6     group of Erie citizens and rebuilt for a grand tour of the
     7     Great Lakes ports to celebrate the centennial of the Battle
     8     of Lake Erie. Since then, the Niagara has remained in Erie
     9     and, twice restored REFITTED, has become a major tourist       <--
    10     attraction in northwestern Pennsylvania.
    11         (7)  In the near future 1988, the commission will begin a  <--
    12     third restoration which will again return the U.S. Brig        <--
    13     Niagara UNITED STATES BRIG NIAGARA to the waters of the Great  <--
    14     Lakes.
    15  Section 3.  Establishment of official Flagship of Pennsylvania.
    16     The restored U.S. Brig Niagara UNITED STATES BRIG NIAGARA is   <--
    17  hereby designated the official flagship for the Commonwealth of
    18  Pennsylvania. and IT shall be known as the Flagship of            <--
    19  Pennsylvania AND ITS HOME PORT WILL BE ERIE, PENNSYLVANIA.        <--
    20  Section 4.  Powers and duties of commission.
    21     The Pennsylvania Historical and Museum Commission shall have
    22  the following powers and duties:
    23         (1)  To cooperate with the Department of Military
    24     Affairs, the Unites States Navy and other appropriate
    25     organizations in commemorating significant events of our
    26     naval and maritime heritage.
    27         (2)  To sail the U.S. Brig Niagara UNITED STATES BRIG      <--
    28     NIAGARA, within the means at its command, to various ports of
    29     call and commemorative events as the official sailing
    30     ambassador for Pennsylvania.
    19870H1071B2783                  - 3 -

     1         (3)  To charge whatever fees are necessary and to TO       <--
     2     MAINTAIN THE VESSEL AND TO encourage private financial
     3     support as appropriate in order to support the U.S. Brig       <--
     4     Niagara UNITED STATES BRIG NIAGARA and its sailing program.    <--
     5  Section 5.  Cooperation with commission.
     6     All Commonwealth agencies and public officials shall
     7  cooperate fully with the Pennsylvania Historical and Museum
     8  Commission in support of its naval and maritime history program
     9  and, to that end, shall:
    10         (1)  Include the commission in any planning efforts for
    11     the commemoration of significant events of our naval and
    12     maritime history.
    13         (2)  Develop plans with the commission which will utilize
    14     the U.S. Brig Niagara UNITED STATES BRIG NIAGARA as the        <--
    15     official flagship for the Commonwealth of Pennsylvania.
    16  Section 6.  Effective date.
    17     This act shall take effect immediately.









    D2L37RDG/19870H1071B2783         - 4 -