HOUSE AMENDED
PRIOR PRINTER'S NO. 935 PRINTER'S NO. 1511
No. 879 Session of 1995
INTRODUCED BY FISHER, JUBELIRER, BRIGHTBILL, GREENLEAF, KASUNIC,
HELFRICK, MADIGAN, MUSTO, PUNT, STEWART, ROBBINS, WENGER,
LEMMOND AND TOMLINSON, APRIL 21, 1995
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 18, 1995
AN ACT
1 Amending Title 37 (Historical and Museums) of the Pennsylvania
2 Consolidated Statutes, PROVIDING FOR ARCHAEOLOGICAL FIELD <--
3 INVESTIGATIONS; AND further providing for cooperation by
4 public officials with the Pennsylvania Historical and Museum
5 Commission.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 507(a) of Title 37 of the Pennsylvania <--
9 Consolidated Statutes is amended and the section is amended by
10 adding a subsection to read:
11 § 507. Cooperation by public officials with the commission.
12 (a) General rule.--Commonwealth agencies and political
13 subdivisions shall cooperate fully with the commission in the
14 preservation, protection and investigation of archaeological
15 resources and to that end shall:
16 (1) Notify all potential permittees, contractors or
17 other persons whose activities may affect archaeological
18 sites that the estimated cost of archaeological surveys or
1 archaeological field investigations is required to be
2 [included] specified within their bid or application for a
3 permit.
4 (2) Notify the commission before undertaking any
5 Commonwealth or Commonwealth-assisted permitted or contracted
6 projects that may affect archaeological sites.
7 (3) Notify the commission when they become aware of any
8 undertaking in connection with any Commonwealth or
9 Commonwealth-assisted permitted or contracted project,
10 activity or program which affects or may affect an
11 archaeological site, and provide the commission with
12 information concerning the project, program or activity.
13 * * *
14 (c) Prohibition of permit delays.--Commonwealth agencies and
15 political subdivisions shall not consider any application for
16 approval or permit of any type to be incomplete, nor shall they
17 deny or delay action on any application pending compliance by
18 the applicant with any request for information, survey or
19 investigation to recover, preserve or otherwise protect an
20 archaeological resource pursuant to this chapter.
21 Section 2. This act shall take effect in 60 days.
22 SECTION 1. THE DEFINITION OF "ARCHAEOLOGICAL FIELD <--
23 INVESTIGATION" IN SECTION 103 OF TITLE 37 OF THE PENNSYLVANIA
24 CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS AMENDED BY
25 ADDING DEFINITIONS TO READ:
26 § 103. DEFINITIONS.
27 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
28 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
29 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
30 USED IN THIS TITLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
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1 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
2 "ARCHAEOLOGICAL FIELD INVESTIGATION." [THE STUDY OF CULTURAL
3 HISTORY AT ANY ARCHAEOLOGICAL SITE BY PROFESSIONALLY ACCEPTED
4 MEANS OF SURVEYING, SAMPLING, EXCAVATION OR REMOVAL OF
5 ARCHAEOLOGICAL SPECIMENS.] EXTENSIVE CONTROLLED EXCAVATION OF AN
6 ARCHAEOLOGICAL SITE TO STUDY THE CULTURAL HISTORY USING
7 PROFESSIONALLY ACCEPTED MEANS OF SAMPLING, REMOVING AND
8 EXCAVATING ARCHAEOLOGICAL SPECIMENS, ALSO KNOWN AS PHASE THREE
9 ARCHAEOLOGICAL RESEARCH OR DATA RECOVERY.
10 * * *
11 "ARCHAEOLOGICAL SURVEY." A VISUAL INSPECTION AND LIMITED
12 SAMPLING AND EXCAVATION OF AN ARCHAEOLOGICAL SITE TO DETERMINE
13 THE CHARACTERISTICS AND PHYSICAL EXTENT OF A SITE, ALSO KNOWN AS
14 PHASE ONE OR PHASE TWO ARCHAEOLOGICAL RESEARCH.
15 * * *
16 "SIGNIFICANT ARCHAEOLOGICAL SITE." AN AREA OF LAND WHICH
17 CONTAINS EXTENSIVE EVIDENCE OF PREVIOUS PREHISTORIC OR HISTORIC
18 HUMAN HABITATION OR STRATIFIED DEPOSITS OF ANIMAL OR PLANT
19 REMAINS OR MANMADE ARTIFACTS OR HUMAN BURIALS.
20 SECTION 2. SECTIONS 506(C), 507 AND 508 OF TITLE 37 ARE
21 AMENDED TO READ:
22 § 506. ARCHAEOLOGICAL FIELD INVESTIGATIONS ON COMMONWEALTH
23 LAND.
24 * * *
25 (C) SURVEY OF ARCHAEOLOGICAL RESOURCES.--THE COMMISSION
26 SHALL CONDUCT SURVEYS AND PREPARE MAPS OF ARCHAEOLOGICAL
27 RESOURCES LOCATED ON LANDS IN THIS COMMONWEALTH AND MAY MAKE
28 AVAILABLE THE RESULTS OF THESE SURVEYS TO THE FEDERAL
29 GOVERNMENT, COMMONWEALTH AGENCIES AND POLITICAL SUBDIVISIONS
30 CONDUCTING ACTIVITIES WHICH WOULD AFFECT THESE ARCHAEOLOGICAL
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1 RESOURCES. THE COMMISSION SHALL HAVE AND MAINTAIN PROPRIETARY
2 RIGHTS OVER THE MAPS AND SURVEYS INDICATING THE LOCATION OF
3 ARCHAEOLOGICAL RESOURCES OR ARCHAEOLOGICAL FIELD INVESTIGATIONS
4 THAT HAVE BEEN INVENTORIED OR SURVEYED. THESE MAPS AND SURVEYS
5 ARE EXCLUDED FROM THE PROVISIONS OF THE ACT OF JUNE 21, 1957
6 (P.L.390, NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW. THE
7 COMMISSION SHALL MAKE AVAILABLE IN WRITING, WITHIN 30 DAYS OF A
8 REQUEST, SITE LOCATION INFORMATION BASED ON RECORDED MATERIAL
9 EVIDENCE OF THE COMMISSION TO COMMONWEALTH AGENCIES, POLITICAL
10 SUBDIVISIONS, OWNERS OF THE SITE, POTENTIAL BUYERS OF THE SITE
11 AND AGENTS OF THE SITE OWNER WITH A DEMONSTRATED NEED TO KNOW.
12 THE FAILURE OF THE COMMISSION TO PROVIDE THIS WRITTEN RESPONSE
13 SHALL RELEASE THE REQUESTOR FROM ANY FURTHER DUTIES UNDER THIS
14 ACT.
15 * * *
16 § 507. COOPERATION BY PUBLIC OFFICIALS WITH THE COMMISSION.
17 (A) GENERAL RULE.--COMMONWEALTH AGENCIES [AND], POLITICAL
18 SUBDIVISIONS AND MUNICIPAL AUTHORITIES SHALL COOPERATE FULLY
19 WITH THE COMMISSION IN THE PRESERVATION, PROTECTION AND
20 INVESTIGATION OF ARCHAEOLOGICAL RESOURCES AND TO THAT END SHALL:
21 [(1) NOTIFY ALL POTENTIAL PERMITTEES, CONTRACTORS OR
22 OTHER PERSONS WHOSE ACTIVITIES MAY AFFECT ARCHAEOLOGICAL
23 SITES THAT THE ESTIMATED COST OF ARCHAEOLOGICAL SURVEYS OR
24 ARCHAEOLOGICAL FIELD INVESTIGATIONS IS REQUIRED TO BE
25 INCLUDED WITHIN THEIR BID OR APPLICATION FOR A PERMIT.
26 (2)] (1) NOTIFY THE COMMISSION BEFORE UNDERTAKING ANY
27 COMMONWEALTH OR COMMONWEALTH-ASSISTED PERMITTED OR CONTRACTED
28 PROJECTS THAT MAY AFFECT ARCHAEOLOGICAL SITES.
29 [(3)] (2) NOTIFY THE COMMISSION WHEN THEY BECOME AWARE
30 OF ANY UNDERTAKING IN CONNECTION WITH ANY COMMONWEALTH OR
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1 COMMONWEALTH-ASSISTED PERMITTED OR CONTRACTED PROJECT,
2 ACTIVITY OR PROGRAM WHICH AFFECTS OR MAY AFFECT AN
3 ARCHAEOLOGICAL SITE, AND PROVIDE THE COMMISSION WITH
4 INFORMATION CONCERNING THE PROJECT, PROGRAM OR ACTIVITY.
5 (B) SURVEY OR INVESTIGATION BY COMMISSION.--[UPON
6 NOTIFICATION OR DETERMINATION THAT AN ARCHAEOLOGICAL RESOURCE IS
7 OR MAY BE ADVERSELY AFFECTED, THE COMMISSION MAY, WITHIN 60 DAYS
8 AFTER REASONABLE NOTICE TO THE COMMONWEALTH AGENCY OR POLITICAL
9 SUBDIVISION, CONDUCT A SURVEY OR OTHER INVESTIGATION TO RECOVER,
10 PRESERVE OR OTHERWISE PROTECT INFORMATION FROM THE
11 ARCHAEOLOGICAL RESOURCE, PROVIDED THAT THIS SUBSECTION SHALL NOT
12 APPLY IF A COMMONWEALTH AGENCY OR A POLITICAL SUBDIVISION
13 NOTIFIED THE COMMISSION IN WRITING OF THE POTENTIAL EFFECT OF A
14 PROPOSED ACTION ON AN ARCHAEOLOGICAL RESOURCE AND THE COMMISSION
15 DOES NOT ADVISE THAT COMMONWEALTH AGENCY OR POLITICAL
16 SUBDIVISION WITHIN 60 DAYS THAT IT INTENDS TO CONDUCT A SURVEY
17 OR INVESTIGATION.]
18 (1) UPON A DETERMINATION BY THE COMMISSION THAT ANY
19 COMMONWEALTH OR COMMONWEALTH-ASSISTED, PERMITTED OR
20 CONTRACTED PROJECT MAY ADVERSELY AFFECT AN ARCHAEOLOGICAL
21 SITE, THE COMMISSION MAY CONDUCT OR CAUSE TO BE CONDUCTED
22 THROUGH AN AGENT, SUBCONTRACTOR OR OTHER PERSON AN
23 ARCHAEOLOGICAL SURVEY ONLY WHEN THE COMMISSION, BASED ON
24 RECORDED MATERIAL EVIDENCE, DETERMINES THAT THE SITE IS A
25 SIGNIFICANT ARCHAEOLOGICAL SITE. A WRITTEN DETERMINATION
26 SHALL BE MADE BY THE COMMISSION WITHIN 15 DAYS OF RECEIPT OF
27 A NOTIFICATION BY A COMMONWEALTH AGENCY UNDER SUBSECTION (A)
28 PROVIDED THAT UNTIL JANUARY 1, 1997, SUCH WRITTEN
29 DETERMINATION SHALL BE MADE BY THE COMMISSION WITHIN 30 DAYS
30 OF RECEIPT OF SUCH NOTIFICATION.
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1 (2) IF AN ARCHAEOLOGICAL SURVEY IS DETERMINED NECESSARY
2 BY THE COMMISSION, IT SHALL BE COMPLETED WITHIN 60 DAYS OF
3 THE DETERMINATION, EXCEPT THAT THE COMMISSION MAY NOTIFY THE
4 PROJECT APPLICANT THAT AN ADDITIONAL 30 DAYS MAY BE REQUIRED
5 WHEN THE DETERMINATION IS MADE DURING THE MONTHS OF DECEMBER,
6 JANUARY AND FEBRUARY.
7 (3) NO LATER THAN 15 DAYS AFTER COMPLETION OF AN
8 ARCHAEOLOGICAL SURVEY, AND ONLY IN EXCEPTIONAL CIRCUMSTANCES,
9 THE COMMISSION MAY DETERMINE IN WRITING THAT AN
10 ARCHAEOLOGICAL FIELD INVESTIGATION, ALSO KNOWN AS PHASE THREE
11 ARCHAEOLOGICAL RESEARCH OR DATA RECOVERY, IS NECESSARY TO
12 RECOVER ARCHAEOLOGICAL DATA. THE ARCHAEOLOGICAL FIELD
13 INVESTIGATION SHALL BE COMPLETED WITHIN 90 DAYS OF THE
14 DETERMINATION REQUIRED UNDER THIS SUBSECTION, EXCEPT THAT AN
15 ADDITIONAL 30 DAYS MAY BE REQUIRED WHEN THE DETERMINATION IS
16 MADE DURING THE MONTHS OF DECEMBER, JANUARY AND FEBRUARY.
17 (4) FAILURE OF THE COMMISSION TO RENDER A DETERMINATION
18 WITHIN THE PERIOD ALLOWED IN EITHER PARAGRAPH (1) OR (3)
19 SHALL BE DEEMED TO BE A DETERMINATION THAT A SURVEY OR
20 INVESTIGATION IS NOT NECESSARY. THE FAILURE OF THE COMMISSION
21 TO COMPLETE AN ARCHAEOLOGICAL SURVEY OR FIELD INVESTIGATION
22 WITHIN THE TIME LIMITS SPECIFIED IN PARAGRAPHS (2) AND (3)
23 SHALL RELEASE THE PROJECT APPLICANT FROM ANY FURTHER DUTIES
24 UNDER THIS TITLE, UNLESS THE APPLICANT AGREES IN WRITING TO A
25 SPECIFIC TIME EXTENSION.
26 (5) THE COMMISSION SHALL CONDUCT OR CAUSE TO BE
27 CONDUCTED THROUGH AN AGENT, SUBCONTRACTOR OR OTHER PERSON AND
28 PAY ANY COSTS ASSOCIATED WITH AN ARCHAEOLOGICAL SURVEY OR
29 FIELD INVESTIGATION DETERMINED NECESSARY BY THE COMMISSION
30 UNDER THIS SECTION, EXCEPT FOR THE FOLLOWING:
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1 (I) PROJECTS OF OTHER STATE AGENCIES AND
2 INSTRUMENTALITIES.
3 (II) PROJECTS ON COMMONWEALTH LANDS.
4 (III) PROJECTS OF PUBLICLY REGULATED UTILITIES.
5 (IV) ARCHAEOLOGICAL SURVEYS AND FIELD INVESTIGATIONS
6 REQUIRED UNDER FEDERAL LAW.
7 (6) THE COMMISSION SHALL PAY THE POLITICAL SUBDIVISION'S
8 AND MUNICIPAL AUTHORITY'S SHARE OF ANY COSTS ASSOCIATED WITH
9 ANY ARCHAEOLOGICAL SURVEY OR FIELD INVESTIGATION CONDUCTED OR
10 REQUIRED BY THE COMMISSION ON LOCALLY OWNED HIGHWAYS AND
11 BRIDGE PROJECTS IF THE PROJECT IS BEING UNDERTAKEN SOLELY
12 WITH STATE OR LOCAL FUNDS.
13 (7) THE COMMISSION UNDER NO CIRCUMSTANCES SHALL REQUIRE,
14 CONDUCT OR CAUSE TO BE CONDUCTED THROUGH AN AGENT,
15 SUBCONTRACTOR OR OTHER PERSON AN ARCHAEOLOGICAL SURVEY OR
16 FIELD INVESTIGATION ON PRIVATE PROPERTY WITHOUT THE CONSENT
17 OF THE PROPERTY OWNER AND ONLY UNDER THE NOTICE AND DEADLINE
18 PROCEDURES ESTABLISHED UNDER THIS SECTION.
19 (8) ALL DETERMINATIONS BY THE COMMISSION UNDER THIS
20 SECTION SHALL BE SUBJECT TO THE PROVISIONS OF TITLE 2
21 (RELATING TO ADMINISTRATIVE LAW AND PROCEDURE).
22 § 508. INTERAGENCY COOPERATION.
23 (A) RESPONSIBILITIES OF COMMONWEALTH AGENCIES.--COMMONWEALTH
24 AGENCIES SHALL:
25 (1) CONSULT THE COMMISSION BEFORE DEMOLISHING, ALTERING
26 OR TRANSFERRING ANY PROPERTY UNDER THEIR OWNERSHIP OR CONTROL
27 THAT IS OR MAY BE OF HISTORICAL, ARCHITECTURAL OR
28 ARCHAEOLOGICAL SIGNIFICANCE.
29 (2) SEEK THE ADVICE OF THE COMMISSION ON POSSIBLE
30 ALTERNATIVES TO THE DEMOLITION, ALTERATION OR TRANSFER OF
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1 PROPERTY UNDER THEIR OWNERSHIP OR CONTROL THAT IS ON OR MAY
2 BE ELIGIBLE FOR THE PENNSYLVANIA REGISTER OF HISTORIC PLACES.
3 (3) INITIATE MEASURES AND PROCEDURES TO PROVIDE FOR THE
4 MAINTENANCE BY MEANS OF PRESERVATION, REHABILITATION OR
5 RESTORATION OF HISTORIC RESOURCES UNDER THEIR OWNERSHIP OR
6 CONTROL THAT ARE LISTED ON OR ARE ELIGIBLE FOR THE
7 PENNSYLVANIA REGISTER OF HISTORIC PLACES.
8 (4) INSTITUTE PROCEDURES AND POLICIES TO ASSURE THAT
9 THEIR PLANS, PROGRAMS, CODES, REGULATIONS AND ACTIVITIES
10 CONTRIBUTE TO THE PRESERVATION AND ENHANCEMENT OF ALL
11 HISTORIC RESOURCES IN THIS COMMONWEALTH. HOWEVER, NOTHING IN
12 THIS TITLE SHALL BE CONSTRUED AS CONFERRING ON THE COMMISSION
13 THE AUTHORITY TO DELAY, DENY, CONDITION OR LIMIT, OR CAUSE TO
14 BE DELAYED, DENIED, CONDITIONED OR LIMITED, ANY PERMITS WHICH
15 WOULD OTHERWISE BE ISSUED BY A COMMONWEALTH AGENCY BEYOND
16 THOSE TIME FRAMES SPECIFIED IN SECTION 507 (RELATING TO
17 COOPERATION BY PUBLIC OFFICIALS WITH THE COMMISSION), UNLESS
18 THE APPLICANT AGREES IN WRITING TO SUCH CONDITION, LIMIT OR
19 TIME EXTENSION. AN APPLICANT IS PROHIBITED FROM UTILIZING A
20 PERMIT OR LICENSE IN ANY MANNER THAT WOULD IMPAIR OR
21 INTERFERE WITH THE PERFORMANCE OF AN ARCHAEOLOGICAL SURVEY OR
22 FIELD INVESTIGATION UNTIL THE EXPIRATION OF THE TIME FRAMES
23 IN SECTION 507 OR UNTIL RECEIVING WRITTEN NOTIFICATION FROM
24 THE COMMISSION THAT ITS ARCHAEOLOGICAL SURVEY OR
25 INVESTIGATION IS COMPLETED, WHICHEVER IS SOONER. COMMONWEALTH
26 AGENCIES LIKEWISE ARE, IN THE ABSENCE OF SPECIFIC STATUTORY
27 LANGUAGE IN THEIR ENABLING OR REGULATORY STATUTES, PROHIBITED
28 FROM STOPPING THE PROCESSING OR DENYING A PERMIT SOLELY
29 BECAUSE OF THE POSSIBLE OR ACTUAL PRESENCE OF ARCHEOLOGICAL
30 RESOURCES.
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1 (5) SUBMIT THE PROCEDURES AND POLICIES DESCRIBED IN
2 PARAGRAPHS (3) AND (4) TO THE COMMISSION FOR REVIEW AND
3 COMMENT.
4 (B) LIMITATION.--NOTHING UNDER THIS ACT SHALL CONFER POWER
5 UPON A POLITICAL SUBDIVISION OR MUNICIPAL AUTHORITY TO DELAY,
6 DENY, CONDITION OR LIMIT, OR CAUSE TO BE DELAYED, DENIED,
7 CONDITIONED OR LIMITED, ANY PERMIT OR APPROVAL BECAUSE OF
8 FAILURE TO COMPLY WITH THIS ACT.
9 SECTION 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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