PRIOR PRINTER'S NOS. 935, 1511 PRINTER'S NO. 1576
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
SENATE AMENDMENTS TO HOUSE AMENDMENTS, NOVEMBER 14, 1995
AN ACT 1 Amending Title 37 (Historical and Museums) of the Pennsylvania 2 Consolidated Statutes, FURTHER PROVIDING FOR MEMBERS OF THE <-- 3 PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION; providing for 4 archaeological field investigations; and further providing 5 for cooperation by public officials with the Pennsylvania 6 Historical and Museum Commission. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. The definition of "archaeological field 10 investigation" in section 103 of Title 37 of the Pennsylvania 11 Consolidated Statutes is amended and the section is amended by 12 adding definitions to read: 13 § 103. Definitions. 14 Subject to additional definitions contained in subsequent 15 provisions of this title which are applicable to specific 16 provisions of this title, the following words and phrases when 17 used in this title shall have the meanings given to them in this 18 section unless the context clearly indicates otherwise: 19 "Archaeological field investigation." [The study of cultural
1 history at any archaeological site by professionally accepted 2 means of surveying, sampling, excavation or removal of 3 archaeological specimens.] Extensive controlled excavation of an 4 archaeological site to study the cultural history using 5 professionally accepted means of sampling, removing and 6 excavating archaeological specimens, also known as phase three 7 archaeological research or data recovery. 8 * * * 9 "Archaeological survey." A visual inspection and limited 10 sampling and excavation of an archaeological site to determine 11 the characteristics and physical extent of a site, also known as 12 phase one or phase two archaeological research. 13 * * * 14 "Significant archaeological site." An area of land which 15 contains extensive evidence of previous prehistoric or historic 16 human habitation or stratified deposits of animal or plant 17 remains or manmade artifacts or human burials. 18 Section 2. Sections 104(A), 506(c), 507 and 508 of Title 37 <-- 19 are amended to read: 20 § 104. PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION. <-- 21 (A) MEMBERSHIP.--THE PENNSYLVANIA HISTORICAL AND MUSEUM 22 COMMISSION SHALL CONSIST OF THE SECRETARY OF EDUCATION, OR HIS 23 DESIGNEE; NINE RESIDENTS OF THIS COMMONWEALTH APPOINTED BY THE 24 GOVERNOR WITH THE ADVICE AND CONSENT OF A MAJORITY OF THE 25 MEMBERS ELECTED TO THE SENATE; AND FOUR MEMBERS OF THE GENERAL 26 ASSEMBLY, OR THEIR DESIGNEES, TWO FROM THE SENATE, ONE OF WHOM 27 SHALL BE APPOINTED BY THE PRESIDENT PRO TEMPORE AND ONE BY THE 28 MINORITY LEADER, AND TWO FROM THE HOUSE OF REPRESENTATIVES, ONE 29 OF WHOM SHALL BE APPOINTED BY THE SPEAKER AND ONE BY THE 30 MINORITY LEADER. 19950S0879B1576 - 2 -
1 * * * 2 § 506. Archaeological field investigations on Commonwealth 3 land. 4 * * * 5 (c) Survey of archaeological resources.--The commission 6 shall conduct surveys and prepare maps of archaeological 7 resources located on lands in this Commonwealth and may make 8 available the results of these surveys to the Federal 9 Government, Commonwealth agencies and political subdivisions 10 conducting activities which would affect these archaeological 11 resources. The commission shall have and maintain proprietary 12 rights over the maps and surveys indicating the location of 13 archaeological resources or archaeological field investigations 14 that have been inventoried or surveyed. These maps and surveys 15 are excluded from the provisions of the act of June 21, 1957 16 (P.L.390, No.212), referred to as the Right-to-Know Law. The 17 commission shall make available in writing, within 30 days of a 18 request, site location information based on recorded material 19 evidence of the commission to Commonwealth agencies, political 20 subdivisions, owners of the site, potential buyers of the site 21 and agents of the site owner with a demonstrated need to know. 22 The failure of the commission to provide this written response 23 shall release the requestor from any further duties under this 24 act. 25 * * * 26 § 507. Cooperation by public officials with the commission. 27 (a) General rule.--Commonwealth agencies [and], political 28 subdivisions and municipal authorities shall cooperate fully 29 with the commission in the preservation, protection and 30 investigation of archaeological resources and to that end shall: 19950S0879B1576 - 3 -
1 [(1) Notify all potential permittees, contractors or 2 other persons whose activities may affect archaeological 3 sites that the estimated cost of archaeological surveys or 4 archaeological field investigations is required to be 5 included within their bid or application for a permit. 6 (2)] (1) Notify the commission before undertaking any 7 Commonwealth or Commonwealth-assisted permitted or contracted 8 projects that may affect archaeological sites. 9 [(3)] (2) Notify the commission when they become aware 10 of any undertaking in connection with any Commonwealth or 11 Commonwealth-assisted permitted or contracted project, 12 activity or program which affects or may affect an 13 archaeological site, and provide the commission with 14 information concerning the project, program or activity. 15 (b) Survey or investigation by commission.--[Upon 16 notification or determination that an archaeological resource is 17 or may be adversely affected, the commission may, within 60 days 18 after reasonable notice to the Commonwealth agency or political 19 subdivision, conduct a survey or other investigation to recover, 20 preserve or otherwise protect information from the 21 archaeological resource, provided that this subsection shall not 22 apply if a Commonwealth agency or a political subdivision 23 notified the commission in writing of the potential effect of a 24 proposed action on an archaeological resource and the commission 25 does not advise that Commonwealth agency or political 26 subdivision within 60 days that it intends to conduct a survey 27 or investigation.] 28 (1) Upon a determination by the commission that any 29 Commonwealth or Commonwealth-assisted, permitted or 30 contracted project may adversely affect an archaeological 19950S0879B1576 - 4 -
1 site, the commission may conduct or cause to be conducted 2 through an agent, subcontractor or other person an 3 archaeological survey only when the commission, based on 4 recorded material evidence, determines that the site is a 5 significant archaeological site. A written determination 6 shall be made by the commission within 15 days of receipt of 7 a notification by a Commonwealth agency under subsection (a) 8 provided that until January 1, 1997, such written 9 determination shall be made by the commission within 30 days 10 of receipt of such notification. 11 (2) If an archaeological survey is determined necessary 12 by the commission, it shall be completed within 60 days of 13 the determination, except that the commission may notify the 14 project applicant that an additional 30 days may be required 15 when the determination is made during the months of December, 16 January and February. 17 (3) No later than 15 days after completion of an 18 archaeological survey, and only in exceptional circumstances, 19 the commission may determine in writing that an 20 archaeological field investigation, also known as phase three 21 archaeological research or data recovery, is necessary to 22 recover archaeological data. The archaeological field 23 investigation shall be completed within 90 days of the 24 determination required under this subsection PARAGRAPH, <-- 25 except that an additional 30 days may be required when the 26 determination is made during the months of December, January 27 and February. 28 (4) Failure of the commission to render a determination 29 within the period allowed in either paragraph (1) or (3) 30 shall be deemed to be a determination that a survey or 19950S0879B1576 - 5 -
1 investigation is not necessary. The failure of the commission 2 to complete an archaeological survey or field investigation 3 within the time limits specified in paragraphs (2) and (3) 4 shall release the project applicant from any further duties 5 under this title, unless the applicant agrees in writing to a 6 specific time extension. 7 (5) The commission shall conduct or cause to be 8 conducted through an agent, subcontractor or other person and 9 pay any costs associated with an archaeological survey or 10 field investigation determined necessary by the commission 11 under this section, except for the following: 12 (i) Projects of other State agencies and 13 instrumentalities. 14 (ii) Projects on Commonwealth lands. 15 (iii) Projects of publicly regulated utilities. 16 (iv) Archaeological surveys and field investigations 17 required under Federal law. 18 (6) The commission shall pay the political subdivision's 19 and municipal authority's share of any costs associated with 20 any archaeological survey or field investigation conducted or 21 required by the commission on locally owned highways and 22 bridge projects if the project is being undertaken solely 23 with State or local funds. 24 (7) The commission under no circumstances shall require, 25 conduct or cause to be conducted through an agent, 26 subcontractor or other person an archaeological survey or 27 field investigation on private property without the consent 28 of the property owner and only under the notice and deadline 29 procedures established under this section. 30 (8) All determinations by the commission under this 19950S0879B1576 - 6 -
1 section shall be subject to the provisions of Title 2 2 (relating to administrative law and procedure). 3 § 508. Interagency cooperation. 4 (a) Responsibilities of Commonwealth agencies.--Commonwealth 5 agencies shall: 6 (1) Consult the commission before demolishing, altering 7 or transferring any property under their ownership or control 8 that is or may be of historical, architectural or 9 archaeological significance. 10 (2) Seek the advice of the commission on possible 11 alternatives to the demolition, alteration or transfer of 12 property under their ownership or control that is on or may 13 be eligible for the Pennsylvania Register of Historic Places. 14 (3) Initiate measures and procedures to provide for the 15 maintenance by means of preservation, rehabilitation or 16 restoration of historic resources under their ownership or 17 control that are listed on or are eligible for the 18 Pennsylvania Register of Historic Places. 19 (4) Institute procedures and policies to assure that 20 their plans, programs, codes, regulations and activities 21 contribute to the preservation and enhancement of all 22 historic resources in this Commonwealth. However, nothing in 23 this title shall be construed as conferring on the commission 24 the authority to delay, deny, condition or limit, or cause to 25 be delayed, denied, conditioned or limited, any permits which 26 would otherwise be issued by a Commonwealth agency beyond 27 those time frames specified in section 507 (relating to 28 cooperation by public officials with the commission), unless 29 the applicant agrees in writing to such condition, limit or 30 time extension. An applicant is prohibited from utilizing a 19950S0879B1576 - 7 -
1 permit or license in any manner that would impair or 2 interfere with the performance of an archaeological survey or 3 field investigation until the expiration of the time frames 4 in section 507 or until receiving written notification from 5 the commission that its archaeological survey or 6 investigation is completed, whichever is sooner. Commonwealth 7 agencies likewise are, in the absence of specific statutory 8 language in their enabling or regulatory statutes, prohibited 9 from stopping the processing or denying a permit solely 10 because of the possible or actual presence of archeological 11 resources. 12 (5) Submit the procedures and policies described in 13 paragraphs (3) and (4) to the commission for review and 14 comment. 15 (b) Limitation.--Nothing under this act shall confer power 16 upon a political subdivision or municipal authority to delay, 17 deny, condition or limit, or cause to be delayed, denied, 18 conditioned or limited, any permit or approval because of 19 failure to comply with this act. 20 Section 3. This act shall take effect in 60 days. <-- 21 SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <-- 22 (1) THE AMENDMENT OF 37 PA.C.S. § 104 SHALL TAKE EFFECT 23 IMMEDIATELY. 24 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY. 25 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60 26 DAYS. C28L37WMB/19950S0879B1576 - 8 -