PRIOR PRINTER'S NOS. 2156, 2399, 2549 PRINTER'S NO. 2626
No. 1731 Session of 1987
INTRODUCED BY LINTON, MILLER AND OLIVER, SEPTEMBER 28, 1987
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 7, 1987
AN ACT
1 Amending Title 37 (Historical and Museums) of the Pennsylvania
2 Consolidated Statutes, adding provisions relating to the
3 Pennsylvania Historical and Museum Commission, publications
4 and historical societies; reestablishing the Pennsylvania
5 Historical and Museum Commission; further providing for the
6 powers and duties of the commission; abolishing certain
7 boards and commissions; and making repeals.
8 TABLE OF CONTENTS
9 TITLE 37
10 HISTORICAL AND MUSEUMS
11 Chapter 1. General Provisions
12 § 101. Short title of title.
13 § 102. Declaration of policy.
14 § 103. Definitions.
15 § 104. Pennsylvania Historical and Museum Commission.
16 Chapter 3. Powers and Duties of Pennsylvania Historical
17 and Museum Commission
18 § 301. General powers and duties.
19 § 302. Specific powers and duties.
1 § 303. Sites.
2 § 304. Personal property.
3 § 305. Documents.
4 § 306. Publications and reproductions.
5 § 307. Qualified historical and archaeological societies.
6 Chapter 5. Historic Preservation
7 § 501. Short title of chapter.
8 § 502. Powers and duties of commission.
9 § 503. Inclusion of property on register.
10 § 504. Historic Preservation Board.
11 § 505. Powers and duties of board.
12 § 506. Archaeological field investigations on Commonwealth
13 land.
14 § 507. Cooperation by public officials with the commission.
15 § 508. Interagency cooperation.
16 § 509. Transfer of Commonwealth land involving historic
17 resources.
18 § 510. Approval of construction affecting historic resources.
19 § 511. Criminal penalties.
20 § 512. Enforcement of historic preservation laws and policies.
21 Chapter 7. Historic Properties
22 § 701. Title to historic property.
23 § 702. Powers over certain historic property.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Title 37 of the Pennsylvania Consolidated
27 Statutes is amended by adding chapters to read:
28 TITLE 37
29 HISTORICAL AND MUSEUMS
30 Chapter
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1 1. General Provisions
2 3. Powers and Duties of Pennsylvania Historical
3 and Museum Commission
4 5. Historic Preservation
5 7. Historic Properties
6 CHAPTER 1
7 GENERAL PROVISIONS
8 Sec.
9 101. Short title of title.
10 102. Declaration of policy.
11 103. Definitions.
12 104. Pennsylvania Historical and Museum Commission.
13 § 101. Short title of title.
14 This title shall be known and may be cited as the History
15 Code.
16 § 102. Declaration of policy.
17 It is hereby determined and declared as a matter of
18 legislative finding and policy that:
19 (1) Section 27 of Article I of the Constitution of
20 Pennsylvania makes the Commonwealth trustee for the
21 preservation of the historic values of the environment.
22 (2) The conservation of Pennsylvania's historic AND <--
23 NATURAL heritage and the preservation of public records,
24 historic documents and objects of historic interest, and the
25 identification, restoration and preservation of
26 architecturally and historically significant sites and
27 structures are duties vested primarily in the Pennsylvania
28 Historical and Museum Commission.
29 (3) The irreplaceable historical, architectural,
30 archaeological and cultural heritage of this Commonwealth
19870H1731B2626 - 3 -
1 should be preserved and protected for the benefit of all the
2 people, including future generations.
3 (4) The preservation and protection of historic
4 resources in this Commonwealth promotes the public health,
5 prosperity and general welfare.
6 (5) The rapid social and economic development of our
7 contemporary society threatens to destroy the remaining
8 vestiges of our historic heritage.
9 (6) It is in the public interest for the Commonwealth,
10 its citizens and its political subdivisions to engage in
11 comprehensive programs of historic preservation for the
12 enjoyment, education and inspiration of all the people,
13 including future generations.
14 § 103. Definitions.
15 Subject to additional definitions contained in subsequent
16 provisions of this title which are applicable to specific
17 provisions of this title, the following words and phrases when
18 used in this title shall have the meanings given to them in this
19 section unless the context clearly indicates otherwise:
20 "Archaeological field investigation." The study of cultural
21 history at any archaeological site by professionally accepted
22 means of surveying, sampling, excavation or removal of
23 archaeological specimens.
24 "ARCHAEOLOGICAL SPECIMENS." ALL ARTIFACTS, REMAINS, OBJECTS <--
25 OR ANY OTHER EVIDENCE OF HISTORIC, PREHISTORIC OR
26 ANTHROPOLOGICAL VALUE, WHETHER FOUND ABOVE OR BELOW THE SURFACE
27 OF THE EARTH.
28 "Commission." The Pennsylvania Historical and Museum
29 Commission of the Commonwealth.
30 "Executive director." The executive director of the
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1 commission.
2 "Historic preservation." The research, restoration,
3 rehabilitation and other activities furthering the protection,
4 enhancement, preservation or enjoyment of historic resources.
5 "Historic property." Any historical building, ground,
6 monument or cultural remain committed by statute to the custody
7 of the commission.
8 "Historic resource." A building, structure, object,
9 district, place, site or area significant in the history,
10 architecture, MARITIME HERITAGE, archaeology or culture of this <--
11 Commonwealth, its communities or the nation.
12 "PENNSYLVANIA REGISTER OF HISTORIC PLACES." A SELECTED <--
13 INVENTORY OF HISTORIC RESOURCES DETERMINED BY THE COMMISSION TO
14 BE SIGNIFICANT IN THE HISTORY, ARCHITECTURE, ARCHAEOLOGY OR
15 CULTURE OF THIS COMMONWEALTH, ITS COMMUNITIES OR THE NATION.
16 "Private historical organization." An organization
17 constituted to engage in professional or nonprofessional
18 activities within the disciplines of history, archaeology,
19 MUSEUM MANAGEMENT, natural history, the arts or historic <--
20 preservation on an academic, scholarly or popular basis.
21 "PUBLIC OFFICIALS." OFFICERS, AGENTS AND EMPLOYEES OF THE <--
22 FEDERAL GOVERNMENT, COMMONWEALTH OF PENNSYLVANIA, ITS COUNTIES,
23 TOWNSHIPS, MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS.
24 "Qualified historical or archaeological society." A private
25 historical or archaeological organization or other historical
26 society which satisfies the requirements provided in section 307
27 (relating to qualified historical and archaeological societies).
28 § 104. Pennsylvania Historical and Museum Commission.
29 (a) Membership.--The Pennsylvania Historical and Museum
30 Commission shall consist of the Secretary of Education, or his
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1 designee; nine citizens of this Commonwealth appointed by the
2 Governor WITH THE ADVICE AND CONSENT OF A MAJORITY OF THE <--
3 MEMBERS ELECTED TO THE SENATE; and four members of the General
4 Assembly, two from the Senate and two from the House of <--
5 Representatives appointed by the President pro tempore of the
6 Senate and the Speaker of the House of Representatives,
7 respectively., ONE OF WHOM SHALL BE APPOINTED BY THE PRESIDENT <--
8 PRO TEMPORE AND ONE BY THE MINORITY LEADER, AND TWO FROM THE
9 HOUSE OF REPRESENTATIVES, ONE OF WHOM SHALL BE APPOINTED BY THE
10 SPEAKER AND ONE BY THE MINORITY LEADER.
11 (b) Term of office.--A member appointed from the General
12 Assembly shall serve for a term to expire with his concurrent
13 term as a legislator and shall serve until a successor is
14 appointed and qualified, unless he is not elected for the next
15 succeeding term as a member of the General Assembly, in which
16 case a vacancy shall occur. Members other than the members of
17 the General Assembly shall serve for a term of four years and
18 shall serve until a successor is appointed and qualified, but no
19 longer than six months BEYOND THE FOUR-YEAR PERIOD. <--
20 (c) Chairman.--One of the members shall be designated by the
21 Governor to serve as chairman of the commission.
22 (d) Quorum.--Eight members shall constitute a quorum.
23 (e) Attendance at meetings.--A member who fails to attend
24 three consecutive meetings shall forfeit his seat unless the
25 chairman of the commission, upon written request from the
26 member, finds that the member should be excused from a meeting
27 because of illness or the death of an immediate family member.
28 (f) Public hearings.--The commission shall hold public
29 hearings in various locations throughout this Commonwealth at
30 such places and times as it may deem appropriate.
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1 (g) Executive director.--The commission shall appoint an
2 executive director who shall attend to the administrative work
3 of the commission. The executive director shall serve at the
4 pleasure of the commission, which shall fix his compensation,
5 subject to the approval of the Governor. No member of the
6 commission or person who has served as a member of the
7 commission within one year shall be eligible for appointment as
8 executive director.
9 (h) Historical Preservation Fund.--The money collected by
10 the commission from all fees, sales and other activities shall
11 be paid into the State Treasury through the Department of
12 Revenue and credited to the Historical Preservation Fund. The
13 money in the fund may be used by the commission in exercising
14 its powers and performing its duties as set forth in this title.
15 CHAPTER 3
16 POWERS AND DUTIES OF
17 PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION
18 Sec.
19 301. General powers and duties.
20 302. Specific powers and duties.
21 303. Sites.
22 304. Personal property.
23 305. Documents.
24 306. Publications and reproductions.
25 307. Qualified historical and archaeological societies.
26 § 301. General powers and duties.
27 The commission shall have the power and duty to:
28 (1) Serve as the official agency of the Commonwealth for
29 the conservation of Pennsylvania's cultural heritage.
30 (2) Preserve public records, historical documents and
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1 objects of historical interest.
2 (3) Initiate, encourage, support and coordinate and
3 carry out historic preservation efforts in this Commonwealth.
4 (4) Provide for historical research and interpretation
5 and public access to this heritage.
6 § 302. Specific powers and duties.
7 The commission shall have the power and duty to:
8 (1) Pecuniary gifts.--Accept, on behalf of the
9 Commonwealth, gifts and bequests, including securities, for
10 the endowment of its work in accordance with the instructions
11 of the donors and in conjunction with the Governor and State
12 Treasurer, who shall, together with the members of the
13 commission, constitute a body of trustees for the care of
14 these funds. These trustees shall invest the funds in bonds
15 of the Commonwealth or any of its political subdivisions and
16 employ the interest and income from these investments for the
17 purposes of the commission or apply these funds to the uses
18 specified by the respective donors of the funds. Any donor of
19 money or other property may specify that the donation shall
20 be held in the form acquired, or shall be invested in or
21 converted into some other specific property or class of
22 investment, in which case the trustees shall be relieved of
23 all liability which may result from the imprudent investment
24 of the money so long as they comply with the instructions of
25 the donor.
26 (2) Independent and cooperative services or programs.--
27 Upon its own initiative or in cooperation with historical
28 societies or organizations, conduct investigations upon
29 historical or archaeological matters relative to this
30 Commonwealth and report the findings for public information;
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1 with the approval of the Governor, enter into agreements with
2 responsible historical associations, foundations and similar
3 private organizations or with Federal agencies or public
4 agencies of other states in order to carry on services or
5 programs.
6 (3) Archaeological and anthropological investigations.--
7 Examine, or cause to be examined, research or excavate the
8 occupation or activity sites or areas and the cultural
9 material remains of Native American, Colonial American and
10 more recent American cultures in this Commonwealth, under the
11 professional direction of the commission through the
12 techniques of archaeology, anthropology and history; acquire
13 by purchase, gift or fieldwork, archaeological or
14 anthropological collections of objects and data relative to
15 the cultural history of this Commonwealth; conduct, or cause
16 to be conducted, archaeological site surveys to locate,
17 catalog, assess and permanently record these historic
18 resources throughout this Commonwealth; maintain a central
19 repository for map locations and written descriptions of such
20 sites and historic resources; conduct, or cause to be
21 conducted, research upon the cultural objects and data
22 related to the cultural history of this Commonwealth and
23 interpret the results of the research in scientific and
24 popular publications, exhibits and special educational
25 programs for the public; and undertake appropriate
26 conservation, research, restoration and storage of all
27 material items and data relative to the cultural heritage of
28 this Commonwealth, which accrue to the archaeological and
29 anthropological collections of the commission.
30 (4) Cooperation with qualified historical or
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1 archaeological societies.--Cooperate with any qualified
2 historical or archaeological society in investigations of
3 historical or archaeological matters relating to this
4 Commonwealth and in arranging, cataloging, displaying and
5 microfilming collections of historical papers and documents,
6 and objects or materials relative to the natural or cultural
7 history of this Commonwealth, and otherwise encourage their
8 activities.
9 (5) Historical commemorations.--Develop, coordinate and
10 carry out plans for celebrations commemorating important
11 historical events, which shall be selected by the commission
12 or the General Assembly upon passage of a concurrent
13 resolution, in cooperation with qualified historical or
14 archaeological societies and other responsible organizations.
15 (6) Geographic names.--Determine all unsettled questions
16 concerning geographic names which arise in any department and
17 determine the names of mountains, rivers, creeks and other
18 topographic features in this Commonwealth. In the exercise of
19 its powers and the performance of its duties under this
20 paragraph, the commission shall cooperate with the United
21 States Board on Geographic Names.
22 (7) Procurement of expert advice.--Consult with or
23 procure the advice of experts in archaeology, anthropology,
24 history, historical restoration, archival management, museum
25 work or other fields related to its activities, compensate
26 them for their services and establish committees of experts
27 as needed to procure the advice.
28 (8) Museum assistance and local history grant program.--
29 Establish and administer the museum assistance and local
30 history grant program. The commission shall be required to
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1 approve all individual grants. All such grants shall be
2 subject to audit review by the commission.
3 (9) Advisory boards.--Create such advisory boards as the
4 commission may deem appropriate to perform duties designated
5 by the commission. The names of proposed members of such
6 advisory board shall be submitted to the Governor for
7 approval.
8 (10) Police powers.--Exercise the police powers
9 necessary to enforce the law, including the rules and
10 regulations of the commission. Authorized employees shall
11 have full power to make arrests, with or without warrant, for
12 all violations of law which they may witness upon the
13 premises of any historic property to which they are assigned
14 and may serve and execute warrants issued by proper
15 authorities for any violation of law committed thereon.
16 (11) Rules and regulations.--Promulgate rules and
17 regulations necessary for the implementation of its powers
18 and duties.
19 (12) Annual reports.--Annually transmit to the State
20 Government Committees of the House of Representatives and the
21 Senate a report which includes the following:
22 (i) A summary of the overall condition of museums
23 and historic sites and holdings, including staffing
24 levels AND SITE VISITS BY SENIOR MANAGEMENT PERSONNEL. <--
25 (ii) A report on the operation of the Conservation
26 Center.
27 (iii) A summary of all publications completed by the
28 commission during the prior year.
29 (iv) A summary of collection deaccessioning
30 activities.
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1 (v) A summary of the progress in computerization of
2 collections and inventories.
3 § 303. Sites.
4 The commission shall have the power and duty to:
5 (1) Museums and historic sites.--Control, direct,
6 supervise, manage and annually inspect the State Museum and
7 those field or regional museums and historic sites authorized
8 or created by statute; conduct continuing studies for the
9 improvement of museum activity; and operate, control, direct,
10 supervise and manage a public outreach program, including a
11 mobile museum program or a program of traveling exhibits.
12 (2) Marking historical and archaeological sites.--Upon
13 its own initiative or upon petition of a municipality or
14 historical society, mark by proper monuments, tablets or
15 markers, bearing the Commonwealth crest, places or buildings
16 in this Commonwealth where historical or cultural events have
17 transpired or, with the consent of the state or county having
18 jurisdiction, places or buildings outside of this
19 Commonwealth having to do with its history; and arrange for
20 the care or maintenance of these markers or monuments.
21 (3) Management of historic properties.--Based upon
22 accepted professional museum practices, assume the
23 preservation, care and maintenance of historic property,
24 including those historic properties listed in section 702
25 (relating to powers over certain historic property);
26 promulgate and enforce rules and regulations for the
27 visitation of historic property by the public; and charge
28 admission fees to historic property at its discretion, which
29 fees shall be paid into the State Treasury through the
30 Department of Revenue and credited to the Historical
19870H1731B2626 - 12 -
1 Preservation Fund.
2 (4) Preservation and restoration of historical and
3 archaeological sites.--Undertake the preservation or
4 restoration of public buildings, military sites or monuments
5 connected with the history of this Commonwealth; contract
6 with political subdivisions, historical societies or other
7 associations, with proper bond or security, for the
8 maintenance of these building sites or monuments as a
9 consideration for assistance in their erection, restoration,
10 preservation or marking by the commission; and take title to
11 sites of historical markers in the name of the Commonwealth.
12 (5) Approval of memorials.--Approve the design, content
13 and proposed location of all official historical monuments,
14 memorials, buildings, tablets and inscriptions proposed for
15 erection or placement on any real property of the
16 Commonwealth.
17 (6) Monuments and markers.--Approve the inscription and
18 proposed location of any historical monument or marker to be
19 erected or placed by any public or private corporation,
20 association, society, organization or person at any place in
21 this Commonwealth.
22 (7) Geographical signs and markers.--Approve the
23 inscription to be placed on official signs or markers to be
24 erected or renewed on or along any highway at the entrance to
25 a municipality or village, or at or near any river, stream,
26 historical place or other place of interest in this
27 Commonwealth, by the Department of Transportation or by any
28 municipality, for the purpose of identification or for the
29 purpose of giving historical facts concerning the location.
30 § 304. Personal property.
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1 The commission shall have the power and duty to:
2 (1) Historical artifacts.--Acquire or accept on behalf
3 of the Commonwealth through gifts or bequests, objects or
4 other articles of historical, archaeological, MARITIME, <--
5 natural or geological interest which shall be deposited in
6 the State Museum or, at the discretion of the commission, at
7 historic sites and museums committed to its custody or in any
8 other storage facilities as are available to and approved by
9 the commission. The commission may inspect surplus property
10 in the possession of other Commonwealth agencies and receive
11 this property as an historic resource.
12 (2) Exhibition of objects.--Conduct under accepted
13 professional practices the management and exhibition of
14 objects; acquire by purchase, gift, LOAN, bequest or other <--
15 lawful transfer objects relating to the culture of this
16 Commonwealth and examine, research, catalog and preserve
17 them; manage, care and exhibit these objects in the areas of
18 natural history, geology, military history, decorative arts,
19 HISTORY, MARITIME HISTORY, fine arts, science, industry and <--
20 technology; select and designate the objects to be exhibited
21 in museums and historic sites in this Commonwealth, including
22 the State Museum; interpret the results of such management
23 and exhibition of objects in museum and academic
24 publications, exhibits and special educational programs for
25 the public; and undertake appropriate professional
26 conservation, restoration and storage of all objects and
27 material items relative to the history of this Commonwealth.
28 (3) Lending historic resources.--Lend to any other
29 museum, archival repository, historical society or other
30 reliable organized group of an educational nature any relics <--
19870H1731B2626 - 14 -
1 OBJECTS, articles of historical interest, manuscripts, <--
2 documents or other material committed to its custody. The
3 commission shall adopt rules and regulations to provide
4 adequate security for the safe return of the material, which
5 shall include provision for full insurance protection of the
6 loaned material.
7 (4) Sale or other disposition.--Exchange or otherwise
8 dispose of material with other museums, archival
9 repositories, historical societies or other reliable
10 organized groups of an educational nature; and sell at public
11 auction historical artifacts pursuant to its rules and
12 regulations. The, PROVIDED THAT A HISTORICAL ARTIFACT SHALL <--
13 NOT BE SOLD AT PUBLIC AUCTION UNLESS THE COMMISSION HAS
14 DETERMINED THAT THE EXCHANGE OR DISPOSAL OF THAT ARTIFACT BY
15 THE OTHER MEANS AUTHORIZED BY THIS PARAGRAPH IS NOT FEASIBLE
16 AND THAT THE PROPERTY WOULD NOT BE BENEFICIAL TO THE
17 COMMISSION IF IT WERE USED OTHER THAN AS AN ARTIFACT. IF THE
18 ORIGINAL DONOR WAS AN INDIVIDUAL, THE original donor shall be
19 notified, if he can be located, and if the original donor is
20 deceased, his children shall be notified, if they can be
21 located, and have the ability BE GIVEN AN OPPORTUNITY to <--
22 reacquire the object, prior to it ITS being offered at <--
23 auction. IF THE ORIGINAL DONOR WAS NOT AN INDIVIDUAL, THE <--
24 ORIGINAL DONOR SHALL BE NOTIFIED, IF IT OR ITS SUCCESSOR CAN
25 BE LOCATED, AND BE GIVEN AN OPPORTUNITY TO REACQUIRE THE
26 OBJECT, PRIOR TO ITS BEING OFFERED AT AUCTION. THE
27 OPPORTUNITY OF AN ORIGINAL DONOR TO REACQUIRE AN OBJECT SHALL
28 NOT BE CONSTRUED TO DIMINISH THE COMMISSION'S CONTROL OVER A
29 HISTORICAL ARTIFACT SUBSEQUENT TO ITS ACQUISITION BY THE
30 COMMISSION AND PRIOR TO ITS DISPOSITION. These sales shall be
19870H1731B2626 - 15 -
1 excluded from the provisions of section 510 of the act of
2 April 9, 1929 (P.L.177, No.175), known as The Administrative
3 Code of 1929. Income produced through these sales shall be
4 paid into the State Treasury through the Department of
5 Revenue and credited to the Historical Preservation Fund and
6 allocated solely for collection acquisition or conservation
7 purpose. No unique relic OBJECT, article, manuscript, <--
8 document or other material, which is of special significance
9 to the history of this Commonwealth, shall be exchanged or <--
10 disposed of in this manner. SOLD. <--
11 § 305. Documents.
12 The commission shall have the power and duty to:
13 (1) Research on Commonwealth documents.--Examine and
14 copy or microfilm any records within the control of a
15 Commonwealth agency for the purposes of historical research.
16 (2) Preservation of public records.--Preserve all public
17 records throughout this Commonwealth and give special
18 attention to the preservation of all records of the
19 Commonwealth not in current use and of historical value;
20 negotiate for the transfer and receipt of public records from
21 any Commonwealth agency or political subdivision; and provide
22 for the disposition of records not needed or useful in the
23 transaction of current or anticipated future work of the
24 Commonwealth under section 524 of the act of April 9, 1929
25 (P.L.177, No.175), known as The Administrative Code of 1929.
26 The commission shall be the legal custodian of any public
27 records transferred to it by any Commonwealth agency or
28 political subdivision. The head of any Commonwealth agency or
29 political subdivision may transfer to the commission public
30 records legally in his custody not needed for the transaction
19870H1731B2626 - 16 -
1 of the business of the office whenever the commission is
2 willing to receive and care for them.
3 (3) Management of historical documents.--Collect,
4 classify, preserve and make available for reference all
5 records which may come into its possession with the
6 exceptions indicated by the commission; AND examine the <--
7 condition of the records, books, pamphlets, documents,
8 manuscripts, archives, maps and papers filed or recorded in
9 any Commonwealth agency or political subdivision; and edit <--
10 the Pennsylvania Archives. The executive director or any
11 employees authorized by him shall have reasonable access to
12 all public records in this Commonwealth for the purpose of
13 examining them and shall report to the commission on their
14 condition.
15 (4) Regulation of Commonwealth records.--Recommend such
16 action be taken by the persons having the care and custody of
17 public records as may be necessary to secure their safety and
18 preservation; cause all laws relating to public records to be
19 enforced; and recommend and enforce uniform standards
20 governing the use of paper, ink and filing procedure for all
21 records and papers of Commonwealth agencies and political
22 subdivisions that are considered of permanent historical
23 importance.
24 (5) Certificates relating to public records.--Furnish
25 certificates relating to public records, or copies thereof,
26 upon the payment of fees established by the commission or
27 otherwise fixed by law.
28 (6) Land records.--Maintain and preserve:
29 (i) Records of the first titles acquired by the
30 proprietaries and the Commonwealth to all the lands
19870H1731B2626 - 17 -
1 within its boundaries.
2 (ii) Records of all lands and conveyances from the
3 proprietaries and the Commonwealth to the purchasers of
4 the land.
5 (iii) Papers relating to the surveys of this
6 Commonwealth and county lines and the reports of
7 commissioners relating to the boundary lines of this
8 Commonwealth.
9 (iv) Maps and other papers pertaining to the
10 colonial history of this Commonwealth.
11 (v) Minutes of the canal commissioners. <--
12 (vi) (V) Contracts, section profile maps and other <--
13 records relating to public works.
14 (vii) (VI) All other relevant records relating to <--
15 titles of real estate acquired by the Commonwealth.
16 § 306. Publications and reproductions.
17 The commission shall have the power and duty to:
18 (1) General.--Publish or republish, either through the
19 Department of General Services or cooperatively by and with
20 private historical organizations, materials of historical or
21 archaeological interest; compile, edit and print these
22 publications; enter into agreements with publishers to
23 subsidize the publication of books on Pennsylvania history,
24 archaeology, anthropology, art, cartography, folklore and
25 other cultural elements of Pennsylvania's heritage by
26 agreeing to purchase a sufficient number to make publication
27 possible, but these agreements shall be subject to the
28 approval of the Governor and the State Treasurer; produce or
29 reproduce facsimiles of historical material and enter into
30 agreements to subsidize the manufacture of facsimiles of
19870H1731B2626 - 18 -
1 historical material by agreeing to purchase a sufficient
2 number to make manufacture possible, but these agreements
3 shall be subject to the approval of the Governor and the
4 State Treasurer; and sell publications, reprints of
5 publications, reproductions or replicas, postcards and
6 souvenirs of an historical nature at the State Museum and at
7 the other historic properties and museums administered by the
8 commission.
9 (2) Official repositories.--Establish one official
10 repository for its publications from among the qualified
11 historical or archaeological societies within each of the
12 geographic areas established and defined by the Department of
13 Community Affairs as "Standard Regions." The Pennsylvania
14 State Library and the Library of Congress shall also be
15 official repositories for commission publications.
16 (3) Disposition of commission publications.--Make one
17 copy of each commission publication available at cost to all
18 qualified historical or archaeological societies; and deliver
19 one copy of each commission publication without charge to
20 each official repository. The commission is excluded from the
21 provisions of section 2406 of the act of April 9, 1929
22 (P.L.177, No.175), known as The Administrative Code of 1929.
23 (4) Proprietary rights to subscription lists.--Maintain
24 proprietary rights over subscriber, membership or address
25 lists that it creates which are excluded from provisions of
26 the act of June 21, 1957 (P.L.390, No.212), referred to as
27 the Right-to-Know Law. , and release subscriber or address <--
28 lists to private organizations for a fee which it shall
29 determine. The fees shall be paid into the State Treasury
30 through the Department of Revenue and credited to the
19870H1731B2626 - 19 -
1 Historical Preservation Fund.
2 § 307. Qualified historical and archaeological societies.
3 Any historical or archaeological society in this Commonwealth
4 shall be deemed to be a qualified historical or archaeological
5 society if it:
6 (1) Has at least 100 paid members, has been organized at
7 least two years and has been incorporated as a corporation
8 not-for-profit.
9 (2) Holds at least one public meeting annually at which
10 papers are read or discussions held on historical or
11 archaeological subjects.
12 (3) Has adopted a constitution and bylaws and has
13 elected proper officers to conduct its business.
14 (4) Has either established a museum or library in which
15 books, documents, papers and other objects of historical and
16 cultural interest are deposited or has made periodic
17 publications totaling at least 25 pages each year relating to
18 the history of this Commonwealth or of the area in which the
19 society is located.
20 CHAPTER 5
21 HISTORIC PRESERVATION
22 Sec.
23 501. Short title of chapter.
24 502. Powers and duties of commission.
25 503. Inclusion of property on register.
26 504. Historic Preservation Board.
27 505. Powers and duties of board.
28 506. Archaeological field investigations on Commonwealth land.
29 507. Cooperation by public officials with the commission.
30 508. Interagency cooperation.
19870H1731B2626 - 20 -
1 509. Transfer of Commonwealth land involving historic
2 resources.
3 510. Approval of construction affecting historic resources.
4 511. Criminal penalties.
5 512. Enforcement of historic preservation laws and policies.
6 § 501. Short title of chapter.
7 This chapter shall be known and may be cited as the Historic
8 Preservation Act.
9 § 502. Powers and duties of commission.
10 In addition to the powers and duties provided in Chapter 3
11 (relating to powers and duties of Pennsylvania Historical and
12 Museum Commission), the commission shall have the power and duty
13 to:
14 (1) Initiate and coordinate a Statewide survey to
15 identify and document the historic resources in this
16 Commonwealth, whether publicly or privately owned.
17 (2) Compile, maintain, revise and publish a selected
18 inventory of significant historic resources in this
19 Commonwealth, to be known as the Pennsylvania Register of
20 Historic Places, pursuant to criteria of significance
21 approved by the commission.
22 (3) Conduct research and compile documentation regarding
23 historic resources.
24 (4) Prepare a comprehensive plan for the preservation of
25 the historic resources in this Commonwealth, including
26 suggested priorities for the allocation of public and private
27 financial resources.
28 (5) Undertake the activities necessary to qualify the
29 Commonwealth for participation in programs and sources of
30 Federal assistance for purposes of historic preservation.
19870H1731B2626 - 21 -
1 (6) Provide information and advice on historic resources
2 and appropriate preservation procedures to public officials,
3 private individuals and organizations.
4 (7) Advise public officials regarding the planning and
5 implementation of undertakings affecting historic resources.
6 (8) Provide technical and financial assistance to public
7 officials, private individuals and organizations engaged in
8 historic preservation activities.
9 (9) Undertake activities to stimulate public interest in
10 historic preservation, including publications, newsletters
11 and conferences.
12 (10) Coordinate and comment upon activities of public
13 officials affecting historic resources and preservation
14 activities.
15 (11) Solicit, receive and utilize funds from any public
16 or private source for purposes of historic preservation.
17 (12) Acquire easements in properties of historic,
18 architectural and archaeological significance by gift,
19 purchase, devise or any other lawful transfer when
20 acquisition is necessary for the preservation thereof.
21 (13) Rent or lease historic resources and associated
22 properties for purposes of historic preservation.
23 (14) Contract with other states, public officials in
24 this Commonwealth or private individuals and organizations
25 for purposes of historic preservation.
26 § 503. Inclusion of property on register.
27 The owner of private property of historic, architectural or
28 archaeological significance, or a majority of the owners of
29 private properties within a proposed historic district, shall be
30 given the opportunity to concur in, or object to, the nomination
19870H1731B2626 - 22 -
1 of the property or proposed district for inclusion on the
2 Pennsylvania Register of Historic Places. If the owner of the
3 property, or a majority of the owners of the properties within
4 the proposed historic district, object to the inclusion, the
5 property shall not be included on the register.
6 § 504. Historic Preservation Board.
7 (a) Membership.--The board shall be composed of no less than
8 nine citizens designated by the commission, pursuant to
9 recommendations by the executive director WITH THE APPROVAL OF <--
10 THE GOVERNOR. The board shall include at least one member with
11 demonstrated competence in each of the following disciplines:
12 architecture, archaeology, architectural history, history and
13 historic preservation.
14 (b) Term of office.--Members shall serve for a term of two
15 years without compensation, other than reimbursement for actual
16 and necessary expenses incurred in the performance of their
17 duties, in accordance with Commonwealth regulations.
18 § 505. Powers and duties of board.
19 The Historic Preservation Board shall have the power and duty
20 to:
21 (1) Advise the commission on criteria of significance
22 for inclusion of historic resources on the Pennsylvania
23 Register of Historic Places.
24 (2) Review and recommend nominations of historic
25 resources to the National Register of Historic Places.
26 (3) Review and comment upon the commission's
27 comprehensive preservation plan for historic resources within
28 this Commonwealth.
29 (4) Undertake any other activity determined by the
30 commission to be necessary or desirable for the preservation
19870H1731B2626 - 23 -
1 of historic resources.
2 § 506. Archaeological field investigations on Commonwealth
3 land.
4 (a) Right to conduct field investigations.--The Commonwealth
5 reserves the exclusive right to conduct archaeological field
6 investigations on archaeological resources owned or controlled
7 by it, in order to protect and preserve archaeological specimens
8 and information. The specimens and information shall remain the
9 property of the Commonwealth and shall be utilized for
10 scientific and public educational purposes.
11 (b) Responsibility of commission.--The commission shall be
12 responsible for the preservation, protection and proper
13 investigation of archaeological resources located on land owned
14 or controlled by the Commonwealth, including any submerged land
15 owned or controlled by the Commonwealth.
16 (c) Survey of archaeological resources.--The commission
17 shall conduct surveys and prepare maps of archaeological
18 resources located on lands in this Commonwealth and may make
19 available the results of these surveys to the Federal
20 Government, Commonwealth agencies and political subdivisions
21 conducting activities which would affect these archaeological
22 resources. The commission shall have and maintain proprietary
23 rights over the maps and surveys indicating the location of
24 archaeological resources or archaeological field investigations
25 that have been inventoried or surveyed. These maps and surveys
26 are excluded from the provisions of the act of June 21, 1957
27 (P.L.390, No.212), referred to as the Right-to-Know Law.
28 (d) Permits for field investigations.--The commission may
29 issue permits for archaeological field investigations, subject
30 to any restraints and conditions it prescribes, if the
19870H1731B2626 - 24 -
1 investigation is undertaken with the purpose of disseminating
2 the knowledge gained and if the applicant agrees to submit to
3 the commission a summary written report of the investigation,
4 containing relevant maps, documents, drawings and photographs.
5 All archaeological specimens collected pursuant to a permit
6 issued under this subsection shall be the exclusive property of
7 the Commonwealth, and the commission shall make appropriate
8 arrangements for their disposition and study.
9 § 507. Cooperation by public officials with the commission.
10 (a) General rule.--Commonwealth agencies and political
11 subdivisions shall cooperate fully with the commission in the
12 preservation, protection and investigation of archaeological
13 resources and to that end shall:
14 (1) Notify all potential licensees PERMITTEES, <--
15 contractors or other persons whose activities may affect
16 archaeological sites that the estimated cost of
17 archaeological surveys or archaeological field investigations
18 is required to be included within their bid or application
19 for a license PERMIT. <--
20 (2) Notify the commission before undertaking any
21 Commonwealth or Commonwealth assisted licensed PERMITTED or <--
22 contracted projects that may affect archaeological sites.
23 (3) Notify the commission when they become aware of any
24 undertaking in connection with any Commonwealth or
25 Commonwealth assisted licensed PERMITTED or contracted <--
26 project, activity or program which affects or may affect an
27 archaeological site, and provide the commission with
28 information concerning the project, program or activity.
29 (b) Survey or investigation by commission.--Upon
30 notification or determination that an archaeological resource is
19870H1731B2626 - 25 -
1 or may be adversely affected, the commission may, within 60 days
2 after reasonable notice to the Commonwealth agency or political
3 subdivision, conduct a survey or other investigation to recover,
4 preserve or otherwise protect information from the
5 archaeological resource, PROVIDED THAT THIS SUBSECTION SHALL NOT <--
6 APPLY IF A COMMONWEALTH AGENCY OR A POLITICAL SUBDIVISION
7 NOTIFIED THE COMMISSION IN WRITING OF THE POTENTIAL EFFECT OF A
8 PROPOSED ACTION ON AN ARCHAEOLOGICAL RESOURCE AND THE COMMISSION
9 DOES NOT ADVISE THAT COMMONWEALTH AGENCY OR POLITICAL
10 SUBDIVISION WITHIN 60 DAYS THAT IT INTENDS TO CONDUCT A SURVEY
11 OR INVESTIGATION.
12 § 508. Interagency cooperation.
13 Commonwealth agencies shall:
14 (1) Consult the commission before demolishing, altering
15 or transferring any property under their ownership or control
16 that is or may be of historical, architectural or
17 archaeological significance.
18 (2) Seek the advice of the commission on possible
19 alternatives to the demolition, alteration or transfer of
20 property under their ownership or control that is on or may
21 be eligible for the Pennsylvania Register of Historic Places.
22 (3) Initiate measures and procedures to provide for the
23 maintenance by means of preservation, rehabilitation or
24 restoration of historic resources under their ownership or
25 control that are listed on or are eligible for the
26 Pennsylvania Register of Historic Places.
27 (4) Institute procedures and policies to assure that
28 their plans, programs, codes, regulations and activities
29 contribute to the preservation and enhancement of all
30 historic resources in this Commonwealth.
19870H1731B2626 - 26 -
1 (5) Submit the procedures and policies described in
2 paragraphs (3) and (4) to the commission for review and
3 comment.
4 § 509. Transfer of Commonwealth land involving historic
5 resources.
6 Commonwealth agencies shall give the commission timely notice
7 of proposed transfers of real property owned or controlled by
8 the Commonwealth. Upon recommendation of the commission,
9 Commonwealth agencies may condition the transfer and may execute
10 covenants, deed restrictions or other contractual arrangements
11 which will most likely result in the preservation of any
12 historic resources located on or under the property to be
13 transferred.
14 § 510. Approval of construction affecting historic resources.
15 The commission shall be consulted on the design and proposed
16 location of any project, building or other undertaking financed
17 in whole or in part by Commonwealth funds which may affect the
18 preservation and development of a district, site or building
19 listed on or eligible for the Pennsylvania Register of Historic
20 Places.
21 § 511. Criminal penalties.
22 A person who conducts a field investigation on any land OR <--
23 UNDERWATER LAND owned or controlled by the Commonwealth, without
24 first obtaining a permit from the commission, or a person who
25 appropriates, defaces, destroys or otherwise alters any
26 archaeological site or specimen located upon lands owned or
27 controlled by the Commonwealth, except in the course of
28 activities pursued under the authority of a permit granted by
29 the commission, commits a criminal offense which shall be <--
30 subject to the grading provisions of 18 Pa.C.S. § 3929.1
19870H1731B2626 - 27 -
1 (relating to library theft) and MISDEMEANOR OF THE THIRD DEGREE <--
2 AND SHALL, UPON CONVICTION, BE SENTENCED TO A FINE NOT TO EXCEED
3 $2,500 OR TO IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR,
4 OR BOTH. IN ADDITION, SUCH PERSON shall forfeit to the
5 Commonwealth all archaeological specimens collected or excavated
6 together with any photographs and records relating thereto TO <--
7 SUCH SPECIMENS.
8 § 512. Enforcement of historic preservation laws and policies.
9 The Attorney General, the commission, any political
10 subdivision, person or other legal entity may maintain an action
11 in an administrative tribunal or court for the protection or
12 preservation of any historic resource in this Commonwealth.
13 CHAPTER 7
14 HISTORIC PROPERTIES
15 Sec.
16 701. Title to historic property.
17 702. Powers over certain historic property.
18 § 701. Title to historic property.
19 (a) General rule.--Unless otherwise provided by statute with
20 respect to particular historic property, the title to historic
21 property shall be taken in the name of the Commonwealth and
22 shall, before its acquisition, be certified by counsel for the
23 commission.
24 (b) Leases.--
25 (1) For purposes of historic preservation, or for
26 educational, recreational or agricultural purposes, or for
27 parking areas or concessions for the convenience and comfort
28 of the public, the commission may lease historic property for
29 a period not to exceed five years to any person or
30 organization of the Commonwealth. The commission shall lease
19870H1731B2626 - 28 -
1 the property in the following manner:
2 (i) Those sites and museums which have nonprofit
3 allied groups whose purpose is related to the educational
4 mission of a particular property and who, in some cases, <--
5 were involved in the original deed to the Commonwealth
6 shall receive special contract preference. In those
7 instances where the above criteria is met, the commission
8 shall be permitted to enter into a lease without
9 competitive bidding.
10 (ii) When the criteria enumerated in subparagraph
11 (i) is ARE not met, sites and museums are to be leased in <--
12 accordance with competitive bidding procedures, i.e. open
13 to all profit and nonprofit organizations. All requests
14 for bid proposals, as well as the leases, shall contain
15 restrictions protecting the historical integrity of the
16 site, insuring that appropriate historical preservation
17 standards are maintained and require appropriate
18 insurance coverage by the lessee.
19 (2) If a substantial capital investment is involved, the
20 commission may, with the approval of the Governor, enter into
21 such leases for that period required under sections
22 48(g)(2)(B)(vi) and 168(c) of the Internal Revenue Code of
23 1986 (Pubic Law 99-514, 26 U.S.C. §§ 48, 168) relating to
24 investment tax credit for historic preservation.
25 (3) The commission shall monitor those leased properties
26 to insure they are being managed in accordance with State
27 law.
28 (4) THE COMMISSION MAY LEASE HISTORIC PROPERTY TO A UNIT <--
29 OF LOCAL GOVERNMENT WILLING TO ASSUME TOTAL FISCAL AND
30 MANAGEMENT RESPONSIBILITY FOR A PERIOD OF TIME UP TO 99
19870H1731B2626 - 29 -
1 YEARS, PROVIDED THAT SUCH LEASES CONTAIN RESTRICTIONS
2 PROTECTING THE HISTORICAL INTEGRITY OF THE SITE, INSURING
3 THAT APPROPRIATE HISTORICAL PRESERVATION STANDARDS ARE
4 MAINTAINED AND REQUIRE APPROPRIATE INSURANCE COVERAGE BY THE
5 LEASEE.
6 § 702. Powers over certain historic property.
7 In addition to all other powers vested in the commission by
8 this title or other statute, the commission shall exercise all
9 powers conferred on it by law with respect to the historic
10 properties known as:
11 (1) Admiral Peary Monument. <--
12 (2) Anthracite Museum of Ashland.
13 (3) Anthracite Museum at Scranton.
14 (4) Bloody Spring.
15 (5) Brandywine Battlefield.
16 (6) Brightbill Property.
17 (7) Bushy Run Battlefield.
18 (8) Captain Phillips's Rangers Memorial.
19 (9) Cashiers House.
20 (10) Conrad Weiser Homestead.
21 (11) Cornwall Iron Furnace.
22 (12) Curtin Village.
23 (13) Daniel Boone Homestead.
24 (14) David Bradford House.
25 (15) Drake Well Museum.
26 (16) Eckley Miners' Village.
27 (17) Ephrata Cloister.
28 (18) Flagship Niagara.
29 (19) Fort Augusta.
30 (20) Fort Loudon.
19870H1731B2626 - 30 -
1 (21) Fort Pitt Museum.
2 (22) French Azilum.
3 (23) Governor Printz Park.
4 (24) Graeme Park.
5 (25) Harmony Society Graveyard.
6 (26) Hope Lodge.
7 (27) John Brown House.
8 (28) Johnston Tavern.
9 (29) Joseph Priestley House.
10 (30) Judson House.
11 (31) Mather Mill.
12 (32) McCoy House.
13 (33) Monocacy Battlefield.
14 (34) Morton Homestead.
15 (35) Nathan Denison House.
16 (36) Old Brown's Mill School.
17 (37) Old Chester Courthouse.
18 (38) Old Custom House.
19 (39) Old Economy Village.
20 (40) Old Mill Village.
21 (41) Old Stone House.
22 (42) Peace Church.
23 (43) Pennsbury Manor.
24 (44) Pennsylvania Farm Museum of Landis Valley.
25 (45) Pennsylvania Lumber Museum.
26 (46) Pennsylvania Military Museum.
27 (47) Pithole City.
28 (48) Pottsgrove Mansion.
29 (49) Railroad Museum of Pennsylvania.
30 (50) Robert Fulton Birthplace.
19870H1731B2626 - 31 -
1 (51) Searights Tollhouse.
2 (52) Sodom School House.
3 (53) Somerset Historical Center.
4 (54) State Museum and Archives Building.
5 (55) The Highlands.
6 (56) The Scranton Iron Furnace.
7 (57) Tuscarora Academy.
8 (58) Warrior Run Church and Cemetery.
9 (1) ADMIRAL PEARY MONUMENT. <--
10 (2) BLOODY SPRING.
11 (3) BRIGHTBILL PROPERTY.
12 (4) BRANDYWINE BATTLEFIELD.
13 (5) BUSHY RUN BATTLEFIELD.
14 (6) CAPTAIN PHILLIPS'S RANGERS MEMORIAL.
15 (7) CASHIERS HOUSE.
16 (8) CONRAD WEISER HOMESTEAD.
17 (9) CORNWALL IRON FURNACE.
18 (10) CURTIN VILLAGE.
19 (11) DANIEL BOONE HOMESTEAD.
20 (12) DAVID BRADFORD HOUSE.
21 (13) DRAKE WELL MUSEUM.
22 (14) ECKLEY MINERS' VILLAGE.
23 (15) EPHRATA CLOISTER.
24 (16) FLAGSHIP NIAGARA.
25 (17) FORT AUGUSTA.
26 (18) FORT LE BOEUF MUSEUM.
27 (19) FORT LOUDON.
28 (20) FORT PITT MUSEUM.
29 (21) FRENCH AZILUM.
30 (22) GOVERNOR PRINTZ PARK.
19870H1731B2626 - 32 -
1 (23) GRAEME PARK.
2 (24) HARMONY SOCIETY GRAVEYARD.
3 (25) HOPE LODGE.
4 (26) JOHN BROWN HOUSE.
5 (27) JOHNSTON TAVERN.
6 (28) JOSEPH PRIESTLEY HOUSE.
7 (29) JUDSON HOUSE.
8 (30) LANDIS VALLEY MUSEUM.
9 (31) MATHER MILL.
10 (32) MCCOY HOUSE.
11 (33) MONOCACY BATTLEFIELD.
12 (34) MORTON HOMESTEAD.
13 (35) MUSEUM OF ANTHRACITE MINING.
14 (36) NATHAN DENISON HOUSE.
15 (37) OLD BROWN'S MILL SCHOOL.
16 (38) OLD CHESTER COURT HOUSE.
17 (39) OLD CUSTOM HOUSE.
18 (40) OLD ECONOMY VILLAGE.
19 (41) OLD MILL VILLAGE.
20 (42) OLD STONE HOUSE.
21 (43) HISTORIC PEACE CHURCH.
22 (44) PENNSBURY MANOR.
23 (45) PENNSYLVANIA ANTHRACITE HERITAGE MUSEUM.
24 (46) PENNSYLVANIA LUMBER MUSEUM.
25 (47) PENNSYLVANIA MILITARY MUSEUM.
26 (48) PITHOLE CITY.
27 (49) POTTSGROVE MANSION.
28 (50) RAILROAD MUSEUM OF PENNSYLVANIA.
29 (51) ROBERT FULTON BIRTHPLACE.
30 (52) SEARIGHTS TOLLHOUSE.
19870H1731B2626 - 33 -
1 (53) SODOM SCHOOL HOUSE.
2 (54) SOMERSET HISTORICAL CENTER.
3 (55) WILLIAM PENN MEMORIAL MUSEUM AND ARCHIVES BUILDING
4 (STATE MUSEUM OF PENNSYLVANIA).
5 (56) THE HIGHLANDS.
6 (57) THE SCRANTON IRON FURNACE.
7 (58) THOMAS HUGHES HOUSE.
8 (59) TUSCARORA ACADEMY.
9 (60) WARRIOR RUN CHURCH AND CEMETERY.
10 (61) WASHINGTON CROSSING.
11 Section 2. (a) The administrative and budgetary provisions
12 of the act of April 9, 1929 (P.L.177, No.175), known as The
13 Administrative Code of 1929, shall continue to apply to the
14 Pennsylvania Historical and Museum Commission insofar as those
15 provisions are consistent with this act.
16 (b) The Pennsylvania Historical and Museum Commission shall
17 continue to exercise the powers and perform the duties conferred
18 or required by law prior to the effective date of this act with
19 respect to the historical properties listed in 37 Pa.C.S. § 702
20 (relating to powers over certain historic property).
21 (c) The members of the Pennsylvania Historical and Museum
22 Commission and the Historic Preservation Board serving as
23 members when this act becomes effective shall continue to serve
24 as members until the term for which they were respectively
25 appointed expires.
26 (d) The Brandywine Battlefield Park Commission, the Drake <--
27 Well Advisory Board, the Twenty-eighth Division Memorial Shrine
28 Advisory Board and the Joseph Priestley Advisory Board are
29 abolished.
30 (E) THE WASHINGTON CROSSING PARK COMMISSION AND THE <--
19870H1731B2626 - 34 -
1 BRANDYWINE BATTLEFIELD PARK COMMISSION SHALL EACH CONSIST OF TEN
2 CITIZENS OF THIS COMMONWEALTH APPOINTED BY THE GOVERNOR. MEMBERS
3 SHALL SERVE FOR A TERM OF FOUR YEARS AND SHALL SERVE UNTIL A
4 SUCCESSOR IS APPOINTED. THE PURPOSE OF THESE COMMISSIONS SHALL
5 BE THE SUPPORT, ENCOURAGEMENT AND ADVANCEMENT OF WASHINGTON
6 CROSSING PARK AND BRANDYWINE BATTLEFIELD PARK AS PROVIDING BY
7 THE ACT OF JULY 25, 1917 (P.L.1209, NO.420), ENTITLED "AN ACT TO
8 AUTHORIZE THE ACQUISITION, BY PURCHASE OR CONDEMNATION, OF LANDS
9 FOR A PARK, AND THE ERECTION OF A MONUMENT COMMEMORATIVE OF
10 WASHINGTON CROSSING THE RIVER DELAWARE, AND FOR THE APPOINTMENT
11 OF A COMMISSION TO ACQUIRE SAID LANDS AND ERECT SUCH MONUMENT;
12 AND MAKING AN APPROPRIATION FOR THE PURPOSE OF THIS ACT," AND
13 THE ACT OF JULY 5, 1947 (P.L.1293, NO.517), ENTITLED "AN ACT TO
14 ESTABLISH THE BRANDYWINE BATTLEFIELD PARK COMMISSION AND TO
15 AUTHORIZE THE ACQUISITION BY PURCHASE, CONDEMNATION OR GIFT OF
16 LANDS FOR THE ESTABLISHMENT OF THE BRANDYWINE BATTLEFIELD PARK;
17 PROVIDING FOR THE CONTROL, MANAGEMENT AND SUPERVISION OF THE
18 PROPERTY TO BE ACQUIRED FOR SUCH PARK BY SUCH COMMISSION;
19 AUTHORIZING THE COMMISSION TO MAKE AND TO ENFORCE RULES AND
20 REGULATIONS FOR ITS PRESERVATION, DEVELOPMENT AND VISITATION;
21 AND MAKING APPROPRIATIONS." TO CARRY OUT THIS MISSION, THESE
22 COMMISSIONS SHALL:
23 (1) PREPARE AN ANNUAL PLAN FOR EDUCATION, PRESERVATION
24 AND DEVELOPMENT OF THESE SITES AND SUBMIT SUCH PLANS TO THE
25 PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION.
26 (2) PROVIDE LOCAL INPUT AND PUBLIC SUPPORT FOR PROGRAMS
27 AND ACTIVITIES AT THE PARKS; AND
28 (3) WORK TO FOSTER AN APPRECIATION OF THE HISTORICAL
29 SIGNIFICANCE OF WASHINGTON CROSSING PARK AND BRANDYWINE
30 BATTLEFIELD PARK FOR THE PEOPLE OF THIS COMMONWEALTH.
19870H1731B2626 - 35 -
1 Section 3. This act, with respect to the Pennsylvania
2 Historical and Museum Commission, shall constitute the
3 legislation required to reestablish an agency pursuant to the
4 act of December 22, 1981 (P.L.508, No.142), known as the Sunset
5 Act.
6 Section 4. Each rule and regulation of the Pennsylvania
7 Historical and Museum Commission in effect on the effective date
8 of this act shall remain in effect after such date until
9 repealed or amended by the commission.
10 Section 5. (a) The following acts and parts of acts are
11 repealed:
12 Act of July 25, 1913 (P.L.1265, No.777), entitled "An act
13 providing for the establishment of the Pennsylvania Historical
14 Commission; defining its powers and duties; and making an
15 appropriation for its work."
16 Act of July 21, 1919 (P.L.1086, No.444), entitled "An act
17 dedicating to public use as a historical memorial and public
18 park certain lands and buildings of the Commonwealth of
19 Pennsylvania, in the borough of Ambridge, county of Beaver, and
20 providing for the custody, maintenance, and use thereof."
21 Act of May 6, 1925 (P.L.514, No.278), entitled "An act
22 authorizing the Department of Highways to make repairs to and
23 provide for the maintenance of roads and highways in Valley
24 Forge Park, and making an appropriation therefor."
25 Act of May 4, 1927 (P.L.32, No.44-A), entitled, as amended,
26 "An act authorizing the Department of Forests and Waters to
27 acquire, repair, and restore the birthplace of John Morton, in
28 the borough of Prospect Park; providing for the control,
29 management, supervision, and maintenance thereof by the
30 Pennsylvania Historical Commission; authorizing the commission
19870H1731B2626 - 36 -
1 to make and enforce rules and regulations for the preservation
2 and visitation thereof; and making an appropriation."
3 Act of May 4, 1927 (P.L.759, No.398), entitled "An act
4 providing for the acquisition and maintenance by the Department
5 of Forests and Waters, with the advice of the Bushy Run
6 Battlefield Commission, of the Bushy Run Battlefield and
7 adjacent lands as a public historical park, and for the erection
8 of a monument or memorial therein; authorizing the department to
9 accept gifts for exhibition in, and funds or securities to be
10 invested for the benefit of, said park; imposing duties upon the
11 Governor, the Auditor General and the State Treasurer in
12 connection with such funds or securities; and making an
13 appropriation."
14 As much of section 201 as reads "the Pennsylvania Historical
15 and Museum Commission", sections 304, 435, 617-A and Article
16 XXVIII-A of the act of April 9, 1929 (P.L.177, No.175), known as
17 The Administrative Code of 1929.
18 Act of April 24, 1929 (P.L.650, No.275), entitled "An act
19 providing for the submission to and approval by the Pennsylvania
20 Historical Commission of the inscription on historical monuments
21 and markers, and the location of certain of such monuments and
22 markers, and the inscription of certain highway signs and
23 markers."
24 Act of April 26, 1929 (P.L.781, No.332), entitled "An act
25 authorizing the Pennsylvania Historical Commission on behalf of
26 the Commonwealth of Pennsylvania to acquire land in Falls
27 Township, Bucks County, known as 'Pennsbury,' to be known
28 thereafter as 'Pennsbury Memorial'; providing for the control,
29 management, supervision, restoration, improvement, and
30 maintenance thereof; authorizing the commission to make and
19870H1731B2626 - 37 -
1 enforce rules and regulations for the preservation and
2 visitation thereof."
3 Act of May 8, 1929 (P.L.1667, No.528), entitled, as amended,
4 "An act authorizing the Pennsylvania Historical and Museum
5 Commission, on behalf of the Commonwealth of Pennsylvania, to
6 acquire all real and personal property included in the Conrad
7 Weiser Memorial Park, in Heidelberg Township, Berks County, from
8 the Conrad Weiser Memorial Park Association; providing for the
9 control, management, supervision, restoration and improvement
10 thereof; authorizing the commission to make and enforce rules
11 and regulations for the preservation and visitation thereof; and
12 making an appropriation therefor."
13 Act of April 10, 1931 (P.L.23, No.22), entitled, as amended,
14 "An act providing for the acceptance by the Commonwealth of a
15 gift of lands from the American Petroleum Institute, located on
16 the left bank of Oil Creek, in Oil Creek Township or Cherry Tree
17 Township, or both, Venango County, to establish and maintain a
18 public museum and park, as the Drake Well Memorial, under the
19 control and supervision of the Pennsylvania Historical
20 Commission, in cooperation with the Department of Forests and
21 Waters, and an advisory board to be appointed by the American
22 Petroleum Institute; prescribing the powers and duties of the
23 commission relative to said memorial; authorizing the employment
24 of certain assistants and employes, and for the payment of their
25 salaries; empowering the Department of Property and Supplies to
26 acquire additional lands for such Memorial Park without cost to
27 the Commonwealth; and making an appropriation."
28 Act of May 21, 1931 (P.L.185, No.113), entitled "An act
29 authorizing the Pennsylvania Historical Commission, on behalf of
30 the Commonwealth of Pennsylvania, to acquire all real property
19870H1731B2626 - 38 -
1 comprising the Cornwall Charcoal Furnace, at Cornwall, in
2 Lebanon County, from the owner thereof, and a trust fund for the
3 maintenance of the same; providing for the control, management,
4 supervision, restoration and improvement thereof; authorizing
5 the commission to make and enforce rules and regulations for the
6 preservation and visitation thereof."
7 Act of June 12, 1931 (P.L.588, No.201), entitled "An act
8 authorizing the Department of Property and Supplies to acquire
9 lands in Harris Township, Centre County, for the use of the
10 Department of Military Affairs; and making an appropriation."
11 Act of June 25, 1931 (P.L.1375, No.344), entitled "An act
12 authorizing the Pennsylvania Historical Commission, on behalf of
13 the Commonwealth of Pennsylvania, to acquire property, whereon
14 was the John Brown farm and tannery in Richmond Township,
15 Crawford County, from the John Brown Memorial Association;
16 providing for the control, management, supervision, restoration
17 and improvement thereof; authorizing the commission to make and
18 enforce rules and regulations for the preservation and
19 visitation thereof."
20 Act of June 26, 1931 (P.L.1386, No.350), entitled "An act
21 providing for the care, protection, and maintenance of the brig
22 Niagara, Commodore Perry's Flagship at the Battle of Lake Erie,
23 and now the property of the State of Pennsylvania; creating a
24 commission to be The Flagship Niagara Commission, and making an
25 appropriation for such care, protection and maintenance."
26 Act of June 26, 1931 (P.L.1387, No.351), entitled "An act
27 authorizing the Department of Property and Supplies to acquire
28 the site of Fort Augusta, at Sunbury, to be turned over to the
29 Pennsylvania Historical Commission for management; and making an
30 appropriation."
19870H1731B2626 - 39 -
1 Act of July 9, 1935 (P.L.613, No.216), entitled "An act
2 authorizing the State Historical Commission to investigate and
3 to report to the next session of the Legislature upon the area,
4 boundaries, and dimensions of the Brandywine Battlefield of the
5 Revolutionary War and to accept gifts or deeds of historic
6 objects or of land connected therewith."
7 Act of July 22, 1936 (1st Sp.Sess., P.L.70, No.26), entitled
8 "An act to provide for the participation of the Commonwealth of
9 Pennsylvania in a National Celebration of the One Hundred
10 Fiftieth Anniversary of the Framing, the Signing, the
11 Ratification by Pennsylvania and the Final Adoption and
12 Promulgation, of the Constitution of the United States, to be
13 held at Philadelphia, and elsewhere, on the fifteenth,
14 sixteenth, and seventeenth days of September, one thousand nine
15 hundred thirty-seven, and subsequent anniversary dates in
16 connection therewith; and making an appropriation."
17 Act of July 28, 1936 (1st Sp.Sess., P.L.79, No.31), entitled
18 "An act to provide for the commemoration by the Commonwealth of
19 Pennsylvania of the Three Hundredth Anniversary of the Earliest
20 Settlement, the First Courts of Law, and the First Capital
21 within what is now Pennsylvania; and making an appropriation."
22 Act of May 28, 1937 (P.L.1000, No.271), entitled "An act
23 authorizing the Pennsylvania Historical Commission, on behalf of
24 the Commonwealth of Pennsylvania, to acquire, by gift,
25 approximately 7.224 acres of land in Tinicum Township, Delaware
26 County, sometimes known as 'Printz Park,' or as 'Printz-Lindberg
27 Park,' to be known hereafter as 'Governor Printz Park';
28 providing for the control, management, supervision, restoration,
29 improvement and maintenance thereof; authorizing the commission
30 to make and enforce rules and regulations for the preservation,
19870H1731B2626 - 40 -
1 maintenance, and visitation thereof."
2 Act of June 2, 1937 (P.L.1179, No.295), entitled "An act
3 providing for the acquisition of the Daniel Boone Homestead by
4 the Department of Property and Supplies, and for its management
5 and development by the Pennsylvania Historical Commission; and
6 making an appropriation."
7 Act of June 25, 1937 (P.L.2079, No.410), entitled "An act
8 providing for the sale of Fort Necessity Park, in Wharton
9 Township, to the government of the United States, for National
10 Military Park purposes, and giving consent to the purchase of
11 said park, other lands of historical importance, and, with
12 certain reservations, ceding jurisdiction over such lands."
13 Act of July 2, 1937 (P.L.2697, No.542), entitled "An act
14 supplementing the act, approved the twenty-eighth day of July,
15 one thousand nine hundred and thirty-six (Pamphlet Laws,
16 seventy-nine); and authorizing the Governor, directly or through
17 such agency as he may designate, to provide, plan, prepare,
18 supervise, and carry out a suitable program, within and without
19 Pennsylvania, for the commemoration by the Commonwealth of
20 Pennsylvania of the three hundredth anniversary of the earliest
21 settlement, the first courts of law, and the first capital
22 within what is now Pennsylvania; and making an appropriation
23 therefor out of the General Fund."
24 Act of July 2, 1937 (P.L.2700, No.543), entitled "An act
25 supplementing the act of July twenty-second, one thousand nine
26 hundred and thirty-six (Pamphlet Laws, seventy); and authorizing
27 the Governor, directly or through such agency as he may
28 designate, to provide, plan, prepare, supervise, and carry out,
29 a suitable program, throughout the Commonwealth of Pennsylvania
30 and elsewhere, for the Celebration of the 150th Anniversary of
19870H1731B2626 - 41 -
1 the Framing, the Signing, the Ratification by Pennsylvania, and
2 the Final Adoption and Establishment of the Constitution of the
3 United States, during the years 1937-38-39; and making an
4 appropriation."
5 Act of June 26, 1939 (P.L.1108, No.390), entitled "A
6 supplement to the act, approved the twenty-sixth day of June,
7 one thousand nine hundred thirty-one (Pamphlet Laws, one
8 thousand three hundred eighty-six), entitled 'An act providing
9 for the care, protection, and maintenance of the brig Niagara,
10 Commodore Perry's Flagship at the Battle of Lake Erie, and now
11 the property of the State of Pennsylvania; creating a commission
12 to be The Flagship Niagara Commission, and making an
13 appropriation for such care, protection and maintenance,'
14 transferring the custody and control, restoration and
15 rehabilitation, care, protection, and maintenance of the
16 Flagship Niagara from The Flagship Niagara Commission to the
17 Pennsylvania Historical Commission; providing for the
18 continuance of the present The Flagship Niagara Commission as an
19 advisory committee and for its discharge from certain duties and
20 powers; and making an appropriation to complete the restoration
21 and rehabilitation of the Flagship Niagara and the maintenance
22 of the same."
23 Act of June 26, 1939 (P.L.1110, No.391), entitled "An act
24 authorizing the Department of Property and Supplies to acquire
25 by purchase, gift, lease or condemnation, on behalf of the
26 Commonwealth of Pennsylvania, forty acres of land adjacent to
27 'Pennsbury Memorial,' or so much thereof as may be necessary to
28 properly honor the founder of the Commonwealth of Pennsylvania
29 on the spot where he made definite plans to spend his life;
30 providing for the control, management, supervision, improvement,
19870H1731B2626 - 42 -
1 preservation and maintenance thereof; authorizing the
2 Pennsylvania Historical Commission to make and enforce rules and
3 regulations for the preservation and visitation thereof; and
4 making an appropriation."
5 Act of June 27, 1939 (P.L.1117, No.395), entitled "An act
6 authorizing the Department of Property and Supplies to acquire
7 by purchase, or gift, or lease on behalf of the Commonwealth of
8 Pennsylvania, the real estate and personal property of the
9 Seventh Day Baptists of Ephrata, in whole or in part, to provide
10 for the control, management and supervision of the property,
11 when acquired, by the Pennsylvania Historical Commission;
12 authorizing the commission to make and enforce rules and
13 regulations for its preservation and visitation and to charge a
14 fee for admission thereto and exhibition thereof."
15 Act of August 5, 1941 (P.L.830, No.309), entitled "An act
16 authorizing the Department of Property and Supplies acting for
17 the Commonwealth of Pennsylvania to acquire by gift from the
18 owner thereof Pottsgrove Mansion with tract of land situate in
19 the ninth ward of the Borough of Pottstown, Montgomery County,
20 Pennsylvania; providing for the control, management,
21 supervision, improvement and maintenance thereof by the
22 Pennsylvania Historical Commission; authorizing the Pennsylvania
23 Historical Commission to make and enforce rules and regulations
24 for the preservation, maintenance and visitation thereof, and
25 creating an advisory board to assist in such functions."
26 Act of August 6, 1941 (P.L.849, No.317), entitled "An act
27 authorizing the Department of Property and Supplies to acquire
28 on behalf of the Commonwealth of Pennsylvania certain land upon
29 which is still standing the birthplace of Robert Fulton in
30 Fulton Township, Lancaster County, or so much thereof as may be
19870H1731B2626 - 43 -
1 necessary, as a memorial; providing for the control, management,
2 supervision, improvement, restoration and maintenance thereof;
3 authorizing the Pennsylvania Historical Commission to make and
4 enforce rules and regulations for the preservation and
5 visitation thereof, and making an appropriation."
6 Act of August 6, 1941, (P.L.850, No.318), entitled "An act
7 authorizing the Department of Property and Supplies to acquire
8 by purchase, gift, lease or condemnation, on behalf of the
9 Commonwealth of Pennsylvania, ten acres of land adjacent to the
10 Daniel Boone Homestead, or so much thereof as may be necessary,
11 to properly honor the pioneer Daniel Boone on the spot where he
12 was born; providing for the control, management, supervision,
13 improvement, preservation and maintenance thereof; authorizing
14 the Pennsylvania Historical Commission to make and enforce rules
15 and regulations for the preservation and visitation thereof, and
16 making an appropriation."
17 Act of May 26, 1943 (P.L.608, No.265), entitled "An act
18 authorizing the Pennsylvania Historical Commission, on behalf of
19 the Commonwealth of Pennsylvania, to acquire, by gift, the
20 Harmony Society Graveyard in the Borough of Ambridge,
21 Pennsylvania; providing for the control, management and
22 maintenance thereof; authorizing the Commission to make and
23 enforce rules and regulations for the preservation, maintenance,
24 and visitation thereof."
25 Act of June 1, 1943 (P.L.804, No.336), entitled "An act
26 authorizing the Pennsylvania Historical Commission to acquire by
27 gift, from the Erie County Historical Society, a plot of ground
28 in the City of Erie, Pennsylvania, to be used as a permanent
29 resting place for the Flagship Niagara, and making an
30 appropriation to said commission for the improvement,
19870H1731B2626 - 44 -
1 development and preparation of such plot of ground and the
2 removal of the said flagship thereto."
3 Act of June 4, 1943 (P.L.873, No.365), entitled "An act
4 authorizing the Department of Property and Supplies, with the
5 advice and approval of the Pennsylvania Historical Commission,
6 to acquire on behalf of the Commonwealth of Pennsylvania,
7 certain land upon which is located the site of Fort LeBoeuf in
8 Waterford Borough, Erie County, or so much thereof as may be
9 necessary, as a historical memorial; providing for the control,
10 management, supervision, improvement, restoration and
11 maintenance thereof; authorizing the Pennsylvania Historical
12 Commission, in cooperation with other agencies, to make and
13 enforce rules and regulations for the preservation and
14 visitation thereof; authorizing the Pennsylvania Historical
15 Commission to cooperate with the Daughters of the American
16 Colonists and interested patriotic societies in providing funds
17 for a restoration of Fort LeBoeuf; and making an appropriation."
18 Act of May 18, 1945 (P.L.795, No.316), entitled "An act
19 authorizing the Pennsylvania Historical Commission to accept, on
20 behalf of the Commonwealth, certain real estate in, and an
21 endowment fund for, the Mt. Zion Cemetery which is part of the
22 historic Ephrata Cloister land located in Ephrata, Lancaster
23 County, Pennsylvania."
24 Act of May 31, 1945 (P.L.1194, No.415), entitled "An act
25 authorizing the Pennsylvania Historical Commission to acquire by
26 gift from the Historical Society of Cambria County, the Admiral
27 Peary Memorial Park in Cresson Township, Cambria County,
28 restricting the use thereof; and making an appropriation to said
29 commission for the improvement of said park."
30 Act of July 5, 1947 (P.L.1293, No.517), entitled "An act to <--
19870H1731B2626 - 45 -
1 establish The Brandywine Battlefield Park Commission and to
2 authorize the acquisition by purchase, condemnation or gift of
3 lands for the establishment of The Brandywine Battlefield Park;
4 providing for the control, management and supervision of the
5 property to be acquired for such park by such commission;
6 authorizing the commission to make and to enforce rules and
7 regulations for its preservation, development and visitation;
8 and making appropriations."
9 Act of May 20, 1949 (P.L.1579, No.476), entitled "An act
10 authorizing the Pennsylvania Historical and Museum Commission to
11 develop a farmers' museum; designating purposes of such museum;
12 and making an appropriation."
13 Act of May 26, 1949 (P.L.1876, No.554), entitled "An act
14 authorizing the Pennsylvania Historical and Museum Commission to
15 accept, on behalf of the Commonwealth, certain real estate and
16 buildings and an endowment fund for the Warrior Run Church and
17 Cemetery, located in Northumberland County, Pennsylvania; and
18 making an appropriation."
19 Act of May 26, 1949 (P.L.1877, No.555), entitled "An act
20 authorizing the Department of Property and Supplies, with the
21 approval of the Pennsylvania Historical and Museum Commission,
22 to acquire by purchase, condemnation, lease or gift, certain
23 lands adjacent to the Daniel Boone Homestead property; providing
24 for the maintenance and improvement thereof; and making an
25 appropriation for the payment of the costs of such acquisition."
26 Act of January 5, 1952 (1951 P.L.1824, No.485), entitled "An
27 act authorizing the Department of Property and Supplies, with
28 the approval of the Pennsylvania Historical and Museum
29 Commission, to acquire on behalf of the Commonwealth, certain
30 land, buildings and appurtenances, located in the Township of
19870H1731B2626 - 46 -
1 Manheim, Lancaster County, and certain personal property
2 therein; and making an appropriation."
3 Act of July 20, 1953 (P.L.519, No.137), entitled "An act
4 authorizing the Department of Property and Supplies to sell and
5 convey one acre and 102.93 perches, more or less, of land in
6 Ephrata Township, Lancaster County, Pennsylvania, with the
7 approval of the Governor."
8 Act of February 14, 1956 (1955 P.L.1045, No.335), entitled
9 "An act declaring the public interest in certain historic sites
10 and buildings and providing for certificates and markers."
11 Act of May 11, 1956 (1955 P.L.1571, No.523), entitled "An act
12 authorizing the Pennsylvania Historical and Museum Commission to
13 acquire, by gift, the Old Brown's Mill building and project in
14 Antrim Township, Franklin County; and providing for its
15 maintenance and control."
16 Act of May 31, 1956 (1955 P.L.1914, No.636), entitled "An act
17 authorizing the Department of Property and Supplies, with the
18 approval of the Pennsylvania Historical and Museum Commission,
19 to acquire by purchase certain lands adjacent to the
20 Pennsylvania Farm Museum of Landis Valley property; providing
21 for the control, maintenance and improvement thereof; and making
22 an appropriation."
23 Act of June 1, 1956 (1955 P.L.2020, No.676), entitled "An act
24 authorizing the Department of Property and Supplies, with the
25 approval of the Pennsylvania Historical and Museum Commission,
26 to acquire lands comprising the Captain William Phillips'
27 Rangers Memorial, in Liberty Township, Bedford County; providing
28 for the control, management, supervision, improvement,
29 restoration and maintenance thereof by the Pennsylvania
30 Historical and Museum Commission; and making appropriations."
19870H1731B2626 - 47 -
1 Act of June 28, 1957 (P.L.422, No.232), entitled "An act
2 authorizing the Pennsylvania Historical and Museum Commission to
3 acquire by gift on behalf of the Commonwealth the real property,
4 known as Hope Lodge in Montgomery County; providing for its
5 control, management, supervision, restoration, improvement and
6 maintenance, and appropriating for this purpose all funds
7 received in behalf of or as the result of operation of Hope
8 Lodge."
9 Act of June 28, 1957 (P.L.425, No.233), entitled "An act
10 authorizing the Department of Property and Supplies, with the
11 approval of the Pennsylvania Historical and Museum Commission,
12 to acquire on behalf of the Commonwealth, certain land,
13 buildings and personal property located in the Township of
14 Whitemarsh, Montgomery County."
15 Act of July 8, 1957 (P.L.556, No.308), entitled "A supplement
16 to the act of June 12, 1931 (P.L.588, No.201), entitled 'An act
17 authorizing the Department of Property and Supplies to acquire
18 lands in Harris Township, Centre County, for the use of the
19 Department of Military Affairs; and making an appropriation,'
20 transferring the control, supervision and management of the
21 lands of the Pennsylvania Historical and Museum Commission;
22 requiring the commission to complete and thereafter maintain the
23 'Twenty-eighth Division Shrine' thereon, dedicating the same to
24 the officers and men of the Twenty-eighth Division; creating the
25 Twenty-eighth Division Memorial Shrine Advisory Board, and
26 prescribing its powers and duties; and making an appropriation."
27 Act of July 17, 1957 (P.L.960, No.413), entitled "An act
28 authorizing the Pennsylvania Historical and Museum Commission to
29 acquire, by gift, on behalf of the Commonwealth, the real
30 property known as Graeme Park in Horsham Township, Montgomery
19870H1731B2626 - 48 -
1 County; providing for its control, management, supervision,
2 restoration, improvement and maintenance; and making an
3 appropriation."
4 Act of July 18, 1957 (P.L.1005, No.445), entitled "An act
5 authorizing the Pennsylvania Historical and Museum Commission to
6 acquire land on which is located the Old Bradford House in the
7 City of Washington, Washington County; providing for its repair;
8 authorizing an agreement for the administration thereof by the
9 Washington County Historical Society, and making an
10 appropriation."
11 Act of July 18, 1957 (P.L.1011, No.447), entitled "An act
12 directing the Department of Highways to transfer the Searights
13 Toll House to the Pennsylvania Historical and Museum Commission;
14 providing for the repair of the Toll House; authorizing the
15 Pennsylvania Historical and Museum Commission to enter into an
16 agreement for the administration thereof by the Westmoreland-
17 Fayette Historical Society; and making an appropriation."
18 Act of July 27, 1959 (P.L.574, No.182), entitled "An act
19 authorizing the Pennsylvania Historical and Museum Commission to
20 acquire by gift on behalf of the Commonwealth real property of
21 approximately one acre adjacent to the Hope Lodge property of
22 the Commonwealth; providing for its control, management,
23 supervision, restoration, improvement and maintenance, and
24 making it part of the Hope Lodge property."
25 Act of November 16, 1959 (P.L.1509, No.528), entitled "An act
26 authorizing the Pennsylvania Department of Property and
27 Supplies, acting for the Commonwealth of Pennsylvania, to
28 acquire by gift from the Borough of Northumberland that certain
29 tract of land in Northumberland Borough, County of
30 Northumberland, upon which is located the home of Joseph
19870H1731B2626 - 49 -
1 Priestley and which is now the property of the Borough of
2 Northumberland; providing for the control, management,
3 supervision, improvement and maintenance thereof by the
4 Pennsylvania Historical and Museum Commission; authorizing the
5 Pennsylvania Historical and Museum Commission to make and
6 enforce rules and regulations for the preservation, maintenance
7 and visitation thereof; authorizing the Pennsylvania Historical
8 and Museum Commission to accept in trust from the American
9 Chemical Society and other interested societies or individuals
10 such moneys as they may see fit to present to the Commonwealth
11 to assist in the maintenance and development of this property as
12 a permanent memorial; authorizing the Pennsylvania Historical
13 and Museum Commission to accept as gifts or loans such books,
14 manuscripts, pamphlets, relics and furniture as interested
15 societies or individuals may provide for enhancing the interests
16 of this property as a museum of science; creating an advisory
17 board to assist in such functions and making an appropriation."
18 Act of December 16, 1959 (P.L.1856, No.681), entitled "An act
19 authorizing the Pennsylvania Historical and Museum Commission to
20 acquire the Pechin House; providing for the repair of the Pechin
21 House; authorizing the Pennsylvania Historical and Museum
22 Commission to enter into an agreement for the administration
23 thereof by the King of Prussia Historical Society; and making an
24 appropriation."
25 Act of December 16, 1959 (P.L.1875, No.685), entitled "An act
26 authorizing the conveyance of Fort Necessity Park in Wharton
27 Township, Fayette County, to the government of the United States
28 of America for use as a National Park and with certain
29 reservations ceding jurisdiction over such lands."
30 Act of December 21, 1959 (P.L.1960, No.714), entitled "An act
19870H1731B2626 - 50 -
1 authorizing the Department of Property and Supplies to acquire,
2 by gift, on behalf of the Pennsylvania Historical and Museum
3 Commission, the historic property known as the Tuscarora
4 Academy, and authorizing the Pennsylvania Historical and Museum
5 Commission to restore the same, and to enter into an agreement
6 with the Tuscarora Academy Preservation Commission, Inc., for
7 the management and maintenance of the same, and making an
8 appropriation."
9 Act of July 26, 1961 (P.L.912, No.394), entitled "An act to
10 provide for the exchange of historical materials between
11 historical societies as herein defined."
12 Act of September 18, 1961 (P.L.1469, No.620), entitled "An
13 act authorizing the Pennsylvania Historical and Museum
14 Commission to acquire by gift on behalf of the Commonwealth
15 certain land located in the Borough of Cornwall, Lebanon
16 County."
17 Act of September 27, 1961 (P.L.1693, No.694), entitled "An
18 act making an appropriation to the Pennsylvania Historical and
19 Museum Commission for the repair and restoration of the Caleb
20 Pusey House subject to certain conditions."
21 Act of August 8, 1963 (P.L.617, No.325), entitled "An act
22 authorizing the Pennsylvania Historical and Museum Commission to
23 acquire by gift on behalf of the Commonwealth certain land
24 located in Cornplanter Township, Venango County."
25 Act of November 10, 1965 (P.L.717, No.344), entitled "An act
26 authorizing the Pennsylvania Historical and Museum Commission to
27 acquire by gift on behalf of the Commonwealth certain land
28 located in Upper Augusta Township, Northumberland County."
29 Act of December 8, 1965 (P.L.1056, No.404), entitled "An act
30 authorizing the Pennsylvania Historical and Museum Commission to
19870H1731B2626 - 51 -
1 acquire by gift on behalf of the Commonwealth certain land
2 located in Whitemarsh Township, Montgomery County."
3 Act of January 24, 1966 (1965 P.L.1508, No.530), entitled "An
4 act directing the Pennsylvania Historical and Museum Commission
5 to assist in the construction of a replica of Fort Franklin,
6 Franklin, Pennsylvania; and making an appropriation to the
7 Pennsylvania Historical and Museum Commission for such
8 assistance in cooperation with the Venango County Museum
9 Corporation."
10 Act of July 25, 1967 (P.L.182, No.53), entitled "An act
11 authorizing the Pennsylvania Historical and Museum Commission to
12 acquire by gift, on behalf of the Commonwealth, a tract of land
13 with a structure thereon known as Peace Church in Hampden
14 Township, Cumberland County."
15 Act of November 16, 1967 (P.L.494, No.241), entitled "An act
16 authorizing the Pennsylvania Historical and Museum Commission to
17 acquire by gift on behalf of the Commonwealth the real property
18 known as Chillisquaque School House in West Chillisquaque
19 Township, Northumberland County; and providing for its control,
20 management, supervision, restoration, improvement and
21 maintenance."
22 Act of November 27, 1967 (P.L.631, No.290), entitled "An act
23 authorizing the acceptance, as a gift, of the Bindnagles
24 Evangelical Lutheran Church in Lebanon County, North Londonderry
25 Township, to be administered by the Pennsylvania Historical and
26 Museum Commission."
27 Act of August 1, 1969 (P.L.206, No.83), entitled "An act
28 authorizing the Pennsylvania Historical and Museum Commission to
29 acquire, by gift on behalf of the Commonwealth, certain
30 properties related to development of historic sites and museums;
19870H1731B2626 - 52 -
1 to manage, administer and develop the properties; and to provide
2 a research center for certain collections."
3 Act of March 2, 1970 (P.L.77, No.35), entitled "An act
4 authorizing the Pennsylvania Historical and Museum Commission to
5 edit and publish volume one of the Statutes at Large."
6 Act of November 25, 1970 (P.L.704, No.228), entitled "An act <--
7 authorizing the Pennsylvania Historical and Museum Commission to
8 enter into necessary agreements with the City of Easton and the
9 Pennsylvania Canal Society to assist in the management,
10 planning, and development of the Forks of the Delaware Canal
11 Museum located in the City of Easton, Northampton County and
12 further authorizing the commission to employ necessary personnel
13 and contract for necessary services."
14 Act of November 25, 1970 (P.L.752, No.245), entitled "An act
15 authorizing and directing the Department of Property and
16 Supplies, with the approval of the Governor and the Department
17 of Public Welfare to transfer the jurisdiction and control from
18 the Department of Public Welfare to the Pennsylvania Historical
19 and Museum Commission 5.49 acres of land, situate in Susquehanna
20 Township, Dauphin County, Pennsylvania."
21 Act of August 12, 1971 (P.L.309, No.76), entitled "An act
22 authorizing the Pennsylvania Historical and Museum Commission to
23 acquire by gift on behalf of the Commonwealth certain land
24 located in the City of Chester, Delaware County."
25 Act of November 8, 1971 (P.L.531, No.135), entitled "An act
26 authorizing the Pennsylvania Historical and Museum Commission on
27 behalf of the Commonwealth to acquire the historic John Brown
28 House in the Borough of Chambersburg, Franklin County."
29 Act of May 17, 1973 (P.L.29, No.14), entitled "An act
30 designating the Pennsylvania Lumber Museum at Denton Hill,
19870H1731B2626 - 53 -
1 Potter County, Pennsylvania, as The James S. Berger Lumber
2 Museum."
3 Act of July 30, 1975 (P.L.102, No.53), entitled "An act
4 authorizing the Department of Property and Supplies, with the
5 approval of the Governor and the Historical and Museum
6 Commission, to transfer Valley Forge State Park to the United
7 States of America."
8 Act of June 23, 1978 (P.L.499, No.78), entitled "An act
9 authorizing the Pennsylvania Historical and Museum Commission,
10 with the approval of the Governor, to transfer certain Project
11 70 lands in Lancaster County in exchange for a parcel of land
12 belonging to the Fulton Township Supervisors."
13 Act of July 1, 1978 (P.L.565, No.98), entitled "An act
14 authorizing the Department of General Services, on behalf of the
15 Commonwealth to acquire certain land in the Borough of Cornwall,
16 Lebanon County, Pennsylvania."
17 Act of November 22, 1978 (P.L.1160, No.273), known as the
18 Historic Preservation Act.
19 Act of December 13, 1979 (P.L.517, No.113), entitled "An act
20 authorizing and directing the Department of Justice, with the
21 approval of the Governor, to accept as partial payment, upon
22 maturity, of a certain Series D Serial Note of The Penn Central
23 Corporation, certain historic railroad engines, railroad cars
24 and associated railroad equipment of historical interest and
25 value, having an appraised value of $1,200,000 presently located
26 at the Railroad Museum of Pennsylvania in Strasburg,
27 Pennsylvania, and providing for the custody of such engines,
28 cars and equipment."
29 Act of June 12, 1981 (P.L.90, No.30), entitled "An act
30 authorizing the Department of General Services, on behalf of the
19870H1731B2626 - 54 -
1 Commonwealth, to acquire by gift certain land in Fulton
2 Township, Lancaster County, Pennsylvania."
3 Act of June 12, 1981 (P.L.91, No.31), entitled "An act
4 authorizing the Department of General Services, on behalf of the
5 Commonwealth, to acquire by gift certain land in Falls Township,
6 Bucks County, Pennsylvania."
7 (b) All other acts and parts of acts are repealed insofar as
8 they are inconsistent with this act.
9 Section 6. This act shall take effect January 1, 1988, or
10 immediately, whichever is later.
I25L37RDG/19870H1731B2626 - 55 -