HISTORY CODE (37 PA.C.S.) - AMEND ARCHEOLOGICAL FIELD INVESTIGATION
                  Act of Nov. 28, 1995, P.L. 647, No. 70              Cl. 37
                             Session of 1995
                               No. 1995-70

     SB 879

                                  AN ACT

     Amending Title 37 (Historical and Museums) of the Pennsylvania
        Consolidated Statutes, further providing for members of the
        Pennsylvania Historical and Museum Commission; providing for
        archaeological field investigations; and further providing
        for cooperation by public officials with the Pennsylvania
        Historical and Museum Commission.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definition of "archaeological field
     investigation" in section 103 of Title 37 of the Pennsylvania
     Consolidated Statutes is amended and the section is amended by
     adding definitions to read:
      § 103.  Definitions.
        Subject to additional definitions contained in subsequent
     provisions of this title which are applicable to specific
     provisions of this title, the following words and phrases when
     used in this title shall have the meanings given to them in this
     section unless the context clearly indicates otherwise:
        "Archaeological field investigation."  [The study of cultural
     history at any archaeological site by professionally accepted
     means of surveying, sampling, excavation or removal of
     archaeological specimens.] Extensive controlled excavation of an
     archaeological site to study the cultural history using
     professionally accepted means of sampling, removing and
     excavating archaeological specimens, also known as phase three
     archaeological research or data recovery.
        * * *
        "Archaeological survey."  A visual inspection and limited
     sampling and excavation of an archaeological site to determine
     the characteristics and physical extent of a site, also known as
     phase one or phase two archaeological research.
        * * *
        "Significant archaeological site."  An area of land which
     contains extensive evidence of previous prehistoric or historic
     human habitation or stratified deposits of animal or plant
     remains or manmade artifacts or human burials.
        Section 2.  Sections 104(a), 506(c), 507 and 508 of Title 37
     are amended to read:
      § 104.  Pennsylvania Historical and Museum Commission.
        (a)  Membership.--The Pennsylvania Historical and Museum
     Commission shall consist of the Secretary of Education, or his
     designee; nine residents of this Commonwealth appointed by the
     Governor with the advice and consent of a majority of the
     members elected to the Senate; and four members of the General
     Assembly, or their designees, two from the Senate, one of whom
     shall be appointed by the President pro tempore and one by the
     Minority Leader, and two from the House of Representatives, one
     of whom shall be appointed by the Speaker and one by the
     Minority Leader.
        * * *
      § 506.  Archaeological field investigations on Commonwealth
                land.
        * * *
        (c)  Survey of archaeological resources.--The commission
     shall conduct surveys and prepare maps of archaeological
     resources located on lands in this Commonwealth and may make
     available the results of these surveys to the Federal
     Government, Commonwealth agencies and political subdivisions
     conducting activities which would affect these archaeological
     resources. The commission shall have and maintain proprietary
     rights over the maps and surveys indicating the location of
     archaeological resources or archaeological field investigations
     that have been inventoried or surveyed. These maps and surveys
     are excluded from the provisions of the act of June 21, 1957
     (P.L.390, No.212), referred to as the Right-to-Know Law. The
     commission shall make available in writing, within 30 days of a
     request, site location information based on recorded material
     evidence of the commission to Commonwealth agencies, political
     subdivisions, owners of the site, potential buyers of the site
     and agents of the site owner with a demonstrated need to know.
     The failure of the commission to provide this written response
     shall release the requestor from any further duties under this
     act.
        * * *
      § 507.  Cooperation by public officials with the commission.
        (a)  General rule.--Commonwealth agencies [and], political
     subdivisions and municipal authorities shall cooperate fully
     with the commission in the preservation, protection and
     investigation of archaeological resources and to that end shall:
            [(1)  Notify all potential permittees, contractors or
        other persons whose activities may affect archaeological
        sites that the estimated cost of archaeological surveys or
        archaeological field investigations is required to be
        included within their bid or application for a permit.
            (2)] (1)  Notify the commission before undertaking any
        Commonwealth or Commonwealth-assisted permitted or contracted
        projects that may affect archaeological sites.
            [(3)] (2)  Notify the commission when they become aware
        of any undertaking in connection with any Commonwealth or
        Commonwealth-assisted permitted or contracted project,
        activity or program which affects or may affect an
        archaeological site, and provide the commission with
        information concerning the project, program or activity.
        (b)  Survey or investigation by commission.--[Upon
     notification or determination that an archaeological resource is
     or may be adversely affected, the commission may, within 60 days
     after reasonable notice to the Commonwealth agency or political
     subdivision, conduct a survey or other investigation to recover,
     preserve or otherwise protect information from the
     archaeological resource, provided that this subsection shall not
     apply if a Commonwealth agency or a political subdivision
     notified the commission in writing of the potential effect of a
     proposed action on an archaeological resource and the commission
     does not advise that Commonwealth agency or political
     subdivision within 60 days that it intends to conduct a survey
     or investigation.]
            (1)  Upon a determination by the commission that any
        Commonwealth or Commonwealth-assisted permitted or contracted
        project may adversely affect an archaeological site, the
        commission may conduct or cause to be conducted through an
        agent, subcontractor or other person an archaeological survey
        only when the commission, based on recorded material
        evidence, determines that the site is a significant
        archaeological site. A written determination shall be made by
        the commission within 15 days of receipt of a notification by
        a Commonwealth agency under subsection (a), provided that
        until January 1, 1997, such written determination shall be
        made by the commission within 30 days of receipt of such
        notification.
            (2)  If an archaeological survey is determined necessary
        by the commission, it shall be completed within 60 days of
        the determination, except that the commission may notify the
        project applicant that an additional 30 days may be required
        when the determination is made during the months of December,
        January and February.
            (3)  No later than 15 days after completion of an
        archaeological survey and only in exceptional circumstances,
        the commission may determine in writing that an
        archaeological field investigation, also known as phase three
        archaeological research or data recovery, is necessary to
        recover archaeological data. The archaeological field
        investigation shall be completed within 90 days of the
        determination required under this paragraph, except that an
        additional 30 days may be required when the determination is
        made during the months of December, January and February.
            (4)  Failure of the commission to render a determination
        within the period allowed in either paragraph (1) or (3)
        shall be deemed to be a determination that a survey or
        investigation is not necessary. The failure of the commission
        to complete an archaeological survey or field investigation
        within the time limits specified in paragraphs (2) and (3)
        shall release the project applicant from any further duties
        under this title, unless the applicant agrees in writing to a
        specific time extension.
            (5)  The commission shall conduct or cause to be
        conducted through an agent, subcontractor or other person and
        pay any costs associated with an archaeological survey or
        field investigation determined necessary by the commission
        under this section, except for the following:
                (i)  Projects of other State agencies and
            instrumentalities.
                (ii)  Projects on Commonwealth lands.
                (iii)  Projects of publicly regulated utilities.
                (iv)  Archaeological surveys and field investigations
            required under Federal law.
            (6)  The commission shall pay the political subdivision's
        and municipal authority's share of any costs associated with
        any archaeological survey or field investigation conducted or
        required by the commission on locally owned highways and
        bridge projects if the project is being undertaken solely
        with State or local funds.
            (7)  The commission under no circumstances shall require,
        conduct or cause to be conducted through an agent,
        subcontractor or other person an archaeological survey or
        field investigation on private property without the consent
        of the property owner and only under the notice and deadline
        procedures established under this section.
            (8)  All determinations by the commission under this
        section shall be subject to the provisions of Title 2
        (relating to administrative law and procedure).
      § 508.  Interagency cooperation.
        (a)  Responsibilities of Commonwealth agencies.--Commonwealth
     agencies shall:
            (1)  Consult the commission before demolishing, altering
        or transferring any property under their ownership or control
        that is or may be of historical, architectural or
        archaeological significance.
            (2)  Seek the advice of the commission on possible
        alternatives to the demolition, alteration or transfer of
        property under their ownership or control that is on or may
        be eligible for the Pennsylvania Register of Historic Places.
            (3)  Initiate measures and procedures to provide for the
        maintenance by means of preservation, rehabilitation or
        restoration of historic resources under their ownership or
        control that are listed on or are eligible for the
        Pennsylvania Register of Historic Places.
            (4)  Institute procedures and policies to assure that
        their plans, programs, codes, regulations and activities
        contribute to the preservation and enhancement of all
        historic resources in this Commonwealth. However, nothing in
        this title shall be construed as conferring on the commission
        the authority to delay, deny, condition or limit or cause to
        be delayed, denied, conditioned or limited any permits which
        would otherwise be issued by a Commonwealth agency beyond
        those time frames specified in section 507 (relating to
        cooperation by public officials with the commission), unless
        the applicant agrees in writing to such condition, limit or
        time extension. An applicant is prohibited from utilizing a
        permit or license in any manner that would impair or
        interfere with the performance of an archaeological survey or
        field investigation until the expiration of the time frames
        in section 507 or until receiving written notification from
        the commission that its archaeological survey or
        investigation is completed, whichever is sooner. Commonwealth
        agencies likewise are, in the absence of specific statutory
        language in their enabling or regulatory statutes, prohibited
        from stopping the processing or denying a permit solely
        because of the possible or actual presence of archeological
        resources.
            (5)  Submit the procedures and policies described in
        paragraphs (3) and (4) to the commission for review and
        comment.
        (b)  Limitation.--Nothing under this act shall confer power
     upon a political subdivision or municipal authority to delay,
     deny, condition or limit, or cause to be delayed, denied,
     conditioned or limited, any permit or approval because of
     failure to comply with this act.
        Section 3.  This act shall take effect as follows:
            (1)  The amendment of 37 Pa.C.S. § 104 shall take effect
        immediately.
            (2)  This section shall take effect immediately.
            (3)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 28th day of November, A. D. 1995.

     THOMAS J. RIDGE