PRINTER'S NO. 1181

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1071 Session of 1987


        INTRODUCED BY DOMBROWSKI, CAPPABIANCA, BOYES, MERRY AND BOWSER,
           APRIL 8, 1987

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 8, 1987

                                     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.
    19         (2)  The commission holds in trust the U.S. Brig Niagara

     1     at Erie, Pennsylvania. One of only three existing early 19th
     2     century fighting ships of the United States Navy, the Niagara
     3     is the only remaining ship of its type from the War of 1812.
     4         (3)  The U.S. Brig Niagara serves today as a memorial to
     5     the Americans who built and sailed a squadron of warships so
     6     that the United States would remain free of foreign
     7     domination. On September 10, 1813, this American squadron of
     8     nine small ships, six of them constructed in the settlement
     9     of Erie, defeated a six-ship British squadron in the Battle
    10     of Lake Erie. This victory in the War of 1812 removed the
    11     British threat to the Northwest Territory, opened supply
    12     lines and raised morale throughout an apprehensive and
    13     divided nation.
    14         (4)  The U.S. Brig Niagara is significant because of its
    15     service during this engagement as Commodore Oliver Hazard
    16     Perry's relief flagship after his original flagship Lawrence
    17     had been disabled. Flying Perry's famous "Don't Give Up The
    18     Ship" battle flag, the Niagara was brought quickly into the
    19     line of battle, forcing the surrender of the British
    20     squadron. This event, marking the only time in history that
    21     an entire British naval squadron was captured, was reported
    22     by Perry in his letter which began with the now-famous
    23     phrase, "We have met the enemy and they are ours..."
    24         (5)  The U.S. Brig Niagara is further significant as
    25     being one of six ships constructed at Erie, built largely of
    26     native Pennsylvania materials and sailed by Americans from
    27     various regions of what was the United States in 1813.
    28         (6)  After the War of 1812, the U.S. Brig Niagara
    29     remained in Erie as a station ship until 1820 when she was
    30     scuttled in Misery Bay to preserve her for possible future
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     1     use. Her remains were raised in 1913 by a group of Erie
     2     citizens and rebuilt for a grand tour of the Great Lakes
     3     ports to celebrate the centennial of the Battle of Lake Erie.
     4     Since then, the Niagara has remained in Erie and, twice
     5     restored, has become a major tourist attraction in
     6     northwestern Pennsylvania.
     7         (7)  In the near future, the commission will begin a
     8     third restoration which will again return the U.S. Brig
     9     Niagara to the waters of the Great Lakes.
    10  Section 3.  Establishment of official Flagship of Pennsylvania.
    11     The restored U.S. Brig Niagara is hereby designated the
    12  official flagship for the Commonwealth of Pennsylvania and shall
    13  be known as the Flagship of Pennsylvania.
    14  Section 4.  Powers and duties of commission.
    15     The Pennsylvania Historical and Museum Commission shall have
    16  the following powers and duties:
    17         (1)  To cooperate with the Department of Military
    18     Affairs, the Unites States Navy and other appropriate
    19     organizations in commemorating significant events of our
    20     naval and maritime heritage.
    21         (2)  To sail the U.S. Brig Niagara, within the means at
    22     its command, to various ports of call and commemorative
    23     events as the official sailing ambassador for Pennsylvania.
    24         (3)  To charge whatever fees are necessary and to
    25     encourage private financial support as appropriate in order
    26     to support the U.S. Brig Niagara and its sailing program.
    27  Section 5.  Cooperation with commission.
    28     All Commonwealth agencies and public officials shall
    29  cooperate fully with the Pennsylvania Historical and Museum
    30  Commission in support of its naval and maritime history program
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     1  and, to that end, shall:
     2         (1)  Include the commission in any planning efforts for
     3     the commemoration of significant events of our naval and
     4     maritime history.
     5         (2)  Develop plans with the commission which will utilize
     6     the U.S. Brig Niagara as the official flagship for the
     7     Commonwealth of Pennsylvania.
     8  Section 6.  Effective date.
     9     This act shall take effect immediately.














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