PRIOR PRINTER'S NOS. 935, 1511                PRINTER'S NO. 1576

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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.
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     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.



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