SENATE AMENDED
PRIOR PRINTER'S NOS. 2156, 2399, 2549, PRINTER'S NO. 3020
2626
No. 1731 Session of 1987
INTRODUCED BY LINTON, MILLER AND OLIVER, SEPTEMBER 28, 1987
SENATOR WENGER, STATE GOVERNMENT, IN SENATE, AS AMENDED,
MARCH 22, 1988
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; PROVIDING FOR THE <--
7 BRANDYWINE BATTLEFIELD PARK COMMISSION AND THE WASHINGTON
8 CROSSING PARK COMMISSION; abolishing certain boards and <--
9 commissions ADVISORY BOARDS; and making repeals. <--
10 TABLE OF CONTENTS
11 TITLE 37
12 HISTORICAL AND MUSEUMS
13 Chapter 1. General Provisions
14 § 101. Short title of title.
15 § 102. Declaration of policy.
16 § 103. Definitions.
17 § 104. Pennsylvania Historical and Museum Commission.
18 Chapter 3. Powers and Duties of Pennsylvania Historical
19 and Museum Commission
1 § 301. General powers and duties.
2 § 302. Specific powers and duties.
3 § 303. Sites.
4 § 304. Personal property.
5 § 305. Documents.
6 § 306. Publications and reproductions.
7 § 307. Qualified historical and archaeological societies.
8 Chapter 5. Historic Preservation
9 § 501. Short title of chapter.
10 § 502. Powers and duties of commission.
11 § 503. Inclusion of property on register.
12 § 504. Historic Preservation Board.
13 § 505. Powers and duties of board.
14 § 506. Archaeological field investigations on Commonwealth
15 land.
16 § 507. Cooperation by public officials with the commission.
17 § 508. Interagency cooperation.
18 § 509. Transfer of Commonwealth land involving historic
19 resources.
20 § 510. Approval of construction affecting historic resources.
21 § 511. Criminal penalties.
22 § 512. Enforcement of historic preservation laws and policies.
23 Chapter 7. Historic Properties
24 § 701. Title to historic property.
25 § 702. Powers over certain historic property.
26 § 703. BRANDYWINE BATTLEFIELD. <--
27 § 704. WASHINGTON CROSSING.
28 The General Assembly of the Commonwealth of Pennsylvania
29 hereby enacts as follows:
30 Section 1. Title 37 of the Pennsylvania Consolidated
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1 Statutes is amended by adding chapters to read:
2 TITLE 37
3 HISTORICAL AND MUSEUMS
4 Chapter
5 1. General Provisions
6 3. Powers and Duties of Pennsylvania Historical
7 and Museum Commission
8 5. Historic Preservation
9 7. Historic Properties
10 CHAPTER 1
11 GENERAL PROVISIONS
12 Sec.
13 101. Short title of title.
14 102. Declaration of policy.
15 103. Definitions.
16 104. Pennsylvania Historical and Museum Commission.
17 § 101. Short title of title.
18 This title shall be known and may be cited as the History
19 Code.
20 § 102. Declaration of policy.
21 It is hereby determined and declared as a matter of
22 legislative finding and policy that:
23 (1) Section 27 of Article I of the Constitution of
24 Pennsylvania makes the Commonwealth trustee for the
25 preservation of the historic values of the environment.
26 (2) The conservation of Pennsylvania's historic and
27 natural heritage and the preservation of public records,
28 historic documents and objects of historic interest, and the
29 identification, restoration and preservation of
30 architecturally and historically significant sites and
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1 structures are duties vested primarily in the Pennsylvania
2 Historical and Museum Commission.
3 (3) The irreplaceable historical, architectural,
4 archaeological and cultural heritage of this Commonwealth
5 should be preserved and protected for the benefit of all the
6 people, including future generations.
7 (4) The preservation and protection of historic
8 resources in this Commonwealth promotes the public health,
9 prosperity and general welfare.
10 (5) The rapid social and economic development of our
11 contemporary society threatens to destroy the remaining
12 vestiges of our historic heritage.
13 (6) It is in the public interest for the Commonwealth,
14 its citizens and its political subdivisions to engage in
15 comprehensive programs of historic preservation for the
16 enjoyment, education and inspiration of all the people,
17 including future generations.
18 § 103. Definitions.
19 Subject to additional definitions contained in subsequent
20 provisions of this title which are applicable to specific
21 provisions of this title, the following words and phrases when
22 used in this title shall have the meanings given to them in this
23 section unless the context clearly indicates otherwise:
24 "Archaeological field investigation." The study of cultural
25 history at any archaeological site by professionally accepted
26 means of surveying, sampling, excavation or removal of
27 archaeological specimens.
28 "Archaeological specimens." All artifacts, remains, objects
29 or any other evidence of historic, prehistoric or
30 anthropological value, whether found above or below the surface
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1 of the earth.
2 "Commission." The Pennsylvania Historical and Museum
3 Commission of the Commonwealth.
4 "Executive director." The executive director of the
5 commission.
6 "Historic preservation." The research, restoration,
7 rehabilitation and other activities furthering the protection,
8 enhancement, preservation or enjoyment of historic resources.
9 "Historic property." Any historical building, ground,
10 monument or cultural remain committed by statute to the custody
11 of the commission.
12 "Historic resource." A building, structure, object,
13 district, place, site or area significant in the history,
14 architecture, maritime heritage, archaeology or culture of this
15 Commonwealth, its communities or the nation.
16 "Pennsylvania Register of Historic Places." A selected
17 inventory of historic resources determined by the commission to
18 be significant in the history, architecture, archaeology or
19 culture of this Commonwealth, its communities or the nation.
20 "Private historical organization." An organization
21 constituted to engage in professional or nonprofessional
22 activities within the disciplines of history, archaeology,
23 museum management, natural history, the arts or historic
24 preservation on an academic, scholarly or popular basis.
25 "Public officials." Officers, agents and employees of the
26 Federal Government, Commonwealth of Pennsylvania, its counties, <--
27 townships, municipalities and other political subdivisions. OR <--
28 ANY OF ITS POLITICAL SUBDIVISIONS.
29 "Qualified historical or archaeological society." A private
30 historical or archaeological organization or other historical
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1 society which satisfies the requirements provided in section 307
2 (relating to qualified historical and archaeological societies).
3 § 104. Pennsylvania Historical and Museum Commission.
4 (a) Membership.--The Pennsylvania Historical and Museum
5 Commission shall consist of the Secretary of Education, or his
6 designee; nine citizens RESIDENTS of this Commonwealth appointed <--
7 by the Governor with the advice and consent of a majority of the
8 members elected to the Senate; and four members of the General
9 Assembly, two from the Senate, one of whom shall be appointed by
10 the President pro tempore and one by the Minority Leader, and
11 two from the House of Representatives, one of whom shall be
12 appointed by the Speaker and one by the Minority Leader.
13 (b) Term of office.--A member appointed from the General
14 Assembly shall serve for a term to expire with his concurrent
15 term as a legislator and shall serve until a successor is
16 appointed and qualified, unless he is not elected for the next
17 succeeding term as a member of the General Assembly, in which
18 case a vacancy shall occur. Members other than the members of
19 the General Assembly shall serve for a term of four years and
20 shall serve until a successor is appointed and qualified, but no <--
21 longer than six months beyond the four-year period.
22 (c) Chairman.--One of the members shall be designated by the
23 Governor to serve as chairman of the commission.
24 (d) Quorum.--Eight members shall constitute a quorum.
25 (e) Attendance at meetings.--A member who fails to attend
26 three consecutive meetings shall forfeit his seat unless the
27 chairman of the commission, upon written request from the
28 member, finds that the member should be excused from a meeting
29 because of illness or the death of an immediate family member.
30 (f) Public hearings.--The commission shall hold public
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1 hearings in various locations throughout this Commonwealth at
2 such places and times as it may deem appropriate.
3 (g) Executive director.--The commission shall appoint an
4 executive director who shall attend to the administrative work
5 of the commission. The executive director shall serve at the
6 pleasure of the commission, which shall fix his compensation,
7 subject to the approval of the Governor. No member of the
8 commission or person who has served as a member of the
9 commission within one year shall be eligible for appointment as
10 executive director.
11 (h) Historical Preservation Fund.--The money collected by
12 the commission from all fees, sales and other activities shall
13 be paid into the State Treasury through the Department of
14 Revenue and credited to the Historical Preservation Fund. The
15 money in the fund may be used by the commission in exercising
16 its powers and performing its duties as set forth in this title.
17 CHAPTER 3
18 POWERS AND DUTIES OF
19 PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION
20 Sec.
21 301. General powers and duties.
22 302. Specific powers and duties.
23 303. Sites.
24 304. Personal property.
25 305. Documents.
26 306. Publications and reproductions.
27 307. Qualified historical and archaeological societies.
28 § 301. General powers and duties.
29 The commission shall have the power and duty to:
30 (1) Serve as the official agency of the Commonwealth for
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1 the conservation of Pennsylvania's cultural heritage.
2 (2) Preserve public records, historical documents and
3 objects of historical interest.
4 (3) Initiate, encourage, support and coordinate and
5 carry out historic preservation efforts in this Commonwealth.
6 (4) Provide for historical research and interpretation
7 and public access to this heritage.
8 § 302. Specific powers and duties.
9 The commission shall have the power and duty to:
10 (1) Pecuniary gifts.--Accept, on behalf of the
11 Commonwealth, gifts and bequests, including securities, for
12 the endowment of its work in accordance with the instructions
13 of the donors and in conjunction with the Governor and State
14 Treasurer, who shall, together with the members of the
15 commission, constitute a body of trustees for the care of
16 these funds. These trustees shall invest the funds in bonds
17 of the Commonwealth or any of its political subdivisions and
18 employ the interest and income from these investments for the
19 purposes of the commission or apply these funds to the uses
20 specified by the respective donors of the funds. Any donor of
21 money or other property may specify that the donation shall
22 be held in the form acquired, or shall be invested in or
23 converted into some other specific property or class of
24 investment, in which case the trustees shall be relieved of
25 all liability which may result from the imprudent investment
26 of the money so long as they comply with the instructions of
27 the donor.
28 (2) Independent and cooperative services or programs.--
29 Upon its own initiative or in cooperation with historical
30 societies or organizations, conduct investigations upon
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1 historical or archaeological matters relative to this
2 Commonwealth and report the findings for public information;
3 with the approval of the Governor, enter into agreements with
4 responsible historical associations, foundations and similar
5 private organizations or with Federal agencies or public
6 agencies of other states in order to carry on services or
7 programs.
8 (3) Archaeological and anthropological investigations.--
9 Examine, or cause to be examined, research or excavate the
10 occupation or activity sites or areas and the cultural
11 material remains of Native American, Colonial American and
12 more recent American cultures in this Commonwealth, under the
13 professional direction of the commission through the
14 techniques of archaeology, anthropology and history; acquire
15 by purchase, gift or fieldwork, archaeological or
16 anthropological collections of objects and data relative to
17 the cultural history of this Commonwealth; conduct, or cause
18 to be conducted, archaeological site surveys to locate,
19 catalog, assess and permanently record these historic
20 resources throughout this Commonwealth; maintain a central
21 repository for map locations and written descriptions of such
22 sites and historic resources; conduct, or cause to be
23 conducted, research upon the cultural objects and data
24 related to the cultural history of this Commonwealth and
25 interpret the results of the research in scientific and
26 popular publications, exhibits and special educational
27 programs for the public; and undertake appropriate
28 conservation, research, restoration and storage of all
29 material items and data relative to the cultural heritage of
30 this Commonwealth, which accrue to the archaeological and
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1 anthropological collections of the commission.
2 (4) Cooperation with qualified historical or
3 archaeological societies.--Cooperate with any qualified
4 historical or archaeological society in investigations of
5 historical or archaeological matters relating to this
6 Commonwealth and in arranging, cataloging, displaying and
7 microfilming collections of historical papers and documents,
8 and objects or materials relative to the natural or cultural
9 history of this Commonwealth, and otherwise encourage their
10 activities.
11 (5) Historical commemorations.--Develop, coordinate and
12 carry out plans for celebrations commemorating important
13 historical events, which shall be selected by the commission
14 or the General Assembly upon passage of a concurrent
15 resolution, in cooperation with qualified historical or
16 archaeological societies and other responsible organizations.
17 (6) Geographic names.--Determine all unsettled questions
18 concerning geographic names which arise in any department and
19 determine the names of mountains, rivers, creeks and other
20 topographic features in this Commonwealth. In the exercise of
21 its powers and the performance of its duties under this
22 paragraph, the commission shall cooperate with the United
23 States Board on Geographic Names.
24 (7) Procurement of expert advice.--Consult with or
25 procure the advice of experts in archaeology, anthropology,
26 history, historical restoration, archival management, museum
27 work or other fields related to its activities, compensate
28 them for their services and establish committees of experts
29 as needed to procure the advice.
30 (8) Museum assistance and local history grant program.--
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1 Establish and administer the museum assistance and local
2 history grant program. The commission shall be required to
3 approve all individual grants. All such grants shall be
4 subject to audit review by the commission.
5 (9) Advisory boards.--Create such advisory boards as the
6 commission may deem appropriate to perform duties designated
7 by the commission. The names of proposed members of such
8 advisory board BOARDS shall be submitted to the Governor for <--
9 approval.
10 (10) Police powers.--Exercise the police powers
11 necessary to enforce the law, including the rules and
12 regulations of the commission. Authorized employees shall
13 have full power to make arrests, with or without warrant, for
14 all violations of law which they may witness upon the
15 premises of any historic property to which they are assigned
16 and may serve and execute warrants issued by proper
17 authorities for any violation of law committed thereon.
18 (11) Rules and regulations.--Promulgate rules and
19 regulations necessary for the implementation of its powers
20 and duties.
21 (12) Annual reports.--Annually transmit to the State
22 Government Committees of the House of Representatives and the
23 Senate a report which includes the following:
24 (i) A summary of the overall condition of museums
25 and historic sites and holdings, including staffing
26 levels and site visits by senior management personnel.
27 (ii) A report on the operation of the Conservation
28 Center.
29 (iii) A summary of all publications completed by the
30 commission during the prior year.
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1 (iv) A summary of collection deaccessioning
2 activities.
3 (v) A summary of the progress in computerization of
4 collections and inventories.
5 § 303. Sites.
6 The commission shall have the power and duty to:
7 (1) Museums and historic sites.--Control, direct,
8 supervise, manage and annually inspect the State Museum and
9 those field or regional museums and historic sites authorized
10 or created by statute; conduct continuing studies for the
11 improvement of museum activity; and operate, control, direct,
12 supervise and manage a public outreach program, including a
13 mobile museum program or a program of traveling exhibits.
14 (2) Marking historical and archaeological sites.--Upon
15 its own initiative or upon petition of a municipality or
16 historical society, mark by proper monuments, tablets or
17 markers, bearing the Commonwealth crest, places or buildings
18 in this Commonwealth where historical or cultural events have
19 transpired or, with the consent of the state or county having
20 jurisdiction, places or buildings outside of this
21 Commonwealth having to do with its history; and arrange for
22 the care or maintenance of these markers or monuments.
23 (3) Management of historic properties.--Based upon
24 accepted professional museum practices, assume the
25 preservation, care and maintenance of historic property,
26 including those historic properties listed in section 702
27 (relating to powers over certain historic property);
28 promulgate and enforce rules and regulations for the
29 visitation of historic property by the public; and charge
30 admission fees to historic property at its discretion, which
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1 fees shall be paid into the State Treasury through the
2 Department of Revenue and credited to the Historical
3 Preservation Fund.
4 (4) Preservation and restoration of historical and
5 archaeological sites.--Undertake the preservation or
6 restoration of public buildings, military sites or monuments
7 connected with the history of this Commonwealth; contract
8 with political subdivisions, historical societies or other
9 associations, with proper bond or security, for the
10 maintenance of these building sites or monuments as a
11 consideration for assistance in their erection, restoration,
12 preservation or marking by the commission; and take title to
13 sites of historical markers in the name of the Commonwealth.
14 (5) Approval of memorials.--Approve the design, content
15 and proposed location of all official historical monuments,
16 memorials, buildings, tablets and inscriptions proposed for
17 erection or placement on any real property of the
18 Commonwealth.
19 (6) Monuments and markers.--Approve the inscription and
20 proposed location of any historical monument or marker to be
21 erected or placed by any public or private corporation,
22 association, society, organization or person at any place in
23 this Commonwealth.
24 (7) Geographical signs and markers.--Approve the
25 inscription to be placed on official signs or markers to be
26 erected or renewed on or along any highway at the entrance to
27 a municipality or village, or at or near any river, stream,
28 historical place or other place of interest in this
29 Commonwealth, by the Department of Transportation or by any
30 municipality, for the purpose of identification or for the
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1 purpose of giving historical facts concerning the location.
2 § 304. Personal property.
3 The commission shall have the power and duty to:
4 (1) Historical artifacts.--Acquire or accept on behalf
5 of the Commonwealth through gifts or bequests, objects or
6 other articles of historical, archaeological, maritime,
7 natural or geological interest which shall be deposited in
8 the State Museum or, at the discretion of the commission, at
9 historic sites and museums committed to its custody or in any
10 other storage facilities as are available to and approved by
11 the commission. The commission may inspect surplus property
12 in the possession of other Commonwealth agencies and receive
13 this property as an historic resource.
14 (2) Exhibition of objects.--Conduct under accepted
15 professional practices the management and exhibition of
16 objects; acquire by purchase, gift, loan, bequest or other
17 lawful transfer objects relating to the culture of this
18 Commonwealth and examine, research, catalog and preserve
19 them; manage, care and exhibit these objects in the areas of
20 natural history, geology, military history, decorative arts,
21 history, maritime history, fine arts, science, industry and
22 technology; select and designate the objects to be exhibited
23 in museums and historic sites in this Commonwealth, including
24 the State Museum; interpret the results of such management
25 and exhibition of objects in museum and academic
26 publications, exhibits and special educational programs for
27 the public; and undertake appropriate professional
28 conservation, restoration and storage of all objects and
29 material items relative to the history of this Commonwealth.
30 (3) Lending historic resources.--Lend to any other
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1 museum, archival repository, historical society or other
2 reliable organized group of an educational nature any
3 objects, articles of historical interest, manuscripts,
4 documents or other material committed to its custody. The
5 commission shall adopt rules and regulations to provide
6 adequate security for the safe return of the material, which
7 shall include provision for full insurance protection of the
8 loaned material.
9 (4) Sale or other disposition.--Exchange or otherwise
10 dispose of material with other museums, archival
11 repositories, historical societies or other reliable
12 organized groups of an educational nature; and sell at public
13 auction historical artifacts pursuant to its rules and
14 regulations, provided that a historical artifact shall not be
15 sold at public auction unless the commission has determined
16 that the exchange or disposal of that artifact by the other
17 means authorized by this paragraph is not feasible and that
18 the property would not be beneficial to the commission if it
19 were used other than as an artifact. If the original donor
20 was an individual, the original donor shall be notified, if
21 he can be located, and if the original donor is deceased, his
22 children shall be notified, if they can be located, and be
23 given an opportunity to reacquire the object, prior to its
24 being offered at auction. If the original donor was not an
25 individual, the original donor shall be notified, if it or
26 its successor can be located, and be given an opportunity to
27 reacquire the object, prior to its being offered at auction.
28 The opportunity of an original donor to reacquire an object
29 shall not be construed to diminish the commission's control
30 over a historical artifact subsequent to its acquisition by
19870H1731B3020 - 15 -
1 the commission and prior to its disposition. These sales
2 shall be excluded from the provisions of section 510 of the <--
3 act of April 9, 1929 (P.L.177, No.175), known as The
4 Administrative Code of 1929. CONDUCTED BY THE DEPARTMENT OF <--
5 GENERAL SERVICES. Income produced through these sales shall
6 be paid into the State Treasury through the Department of
7 Revenue and credited to the Historical Preservation Fund and
8 allocated solely for collection acquisition or conservation
9 purpose. No unique object, article, manuscript, document or
10 other material, which is of special significance to the
11 history of this Commonwealth, shall be sold.
12 (5) NOTICE REQUIREMENTS.--GIVE WRITTEN NOTICE OF THE <--
13 PROPOSED SALE, INCLUDING A DESCRIPTION OF THE ARTIFACT AND
14 ITS CONDITION, AND THE NAME AND LAST KNOWN ADDRESS OF THE
15 DONOR SHALL BE TRANSMITTED TO THE CHAIRMEN OF THE STATE
16 GOVERNMENT COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND OF
17 THE SENATE, RESPECTIVELY, BEFORE ANY HISTORIC ARTIFACT SHALL
18 BE SOLD PURSUANT TO PARAGRAPH (4).
19 § 305. Documents.
20 The commission shall have the power and duty to:
21 (1) Research on Commonwealth documents.--Examine and
22 copy or microfilm any records within the control of a
23 Commonwealth agency for the purposes of historical research.
24 (2) Preservation of public records.--Preserve all public
25 records throughout this Commonwealth and give special
26 attention to the preservation of all records of the
27 Commonwealth not in current use and of historical value;
28 negotiate for the transfer and receipt of public records from
29 any Commonwealth agency or political subdivision; and provide
30 for the disposition of records not needed or useful in the
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1 transaction of current or anticipated future work of the
2 Commonwealth under section 524 of the act of April 9, 1929
3 (P.L.177, No.175), known as The Administrative Code of 1929.
4 The commission shall be the legal custodian of any public
5 records transferred to it by any Commonwealth agency or
6 political subdivision. The head of any Commonwealth agency or
7 political subdivision may transfer to the commission public
8 records legally in his custody not needed for the transaction
9 of the business of the office whenever the commission is
10 willing to receive and care for them.
11 (3) Management of historical documents.--Collect,
12 classify, preserve and make available for reference all
13 records which may come into its possession with the
14 exceptions indicated by the commission; and examine the
15 condition of the records, books, pamphlets, documents,
16 manuscripts, archives, maps and papers filed or recorded in
17 any Commonwealth agency or political subdivision. The
18 executive director or any employees authorized by him shall
19 have reasonable access to all public records in this
20 Commonwealth for the purpose of examining them and shall
21 report to the commission on their condition.
22 (4) Regulation of Commonwealth records.--Recommend such
23 action be taken by the persons having the care and custody of
24 public records as may be necessary to secure their safety and
25 preservation; cause all laws relating to public records to be
26 enforced; and recommend and enforce uniform standards
27 governing the use of paper, ink and filing procedure for all
28 records and papers of Commonwealth agencies and political
29 subdivisions that are considered of permanent historical
30 importance.
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1 (5) Certificates relating to public records.--Furnish
2 certificates relating to public records, or copies thereof,
3 upon the payment of fees established by the commission or
4 otherwise fixed by law.
5 (6) Land records.--Maintain and preserve:
6 (i) Records of the first titles acquired by the
7 proprietaries and the Commonwealth to all the lands
8 within its boundaries.
9 (ii) Records of all lands and conveyances from the
10 proprietaries and the Commonwealth to the purchasers of
11 the land.
12 (iii) Papers relating to the surveys of this
13 Commonwealth and county lines and the reports of
14 commissioners relating to the boundary lines of this
15 Commonwealth.
16 (iv) Maps and other papers pertaining to the
17 colonial history of this Commonwealth.
18 (v) Contracts, section profile maps and other
19 records relating to public works.
20 (vi) All other relevant records relating to titles
21 of real estate acquired by the Commonwealth.
22 § 306. Publications and reproductions.
23 The commission shall have the power and duty to:
24 (1) General.--Publish or republish, either through the
25 Department of General Services or cooperatively by and with
26 private historical organizations, materials of historical or
27 archaeological interest; compile, edit and print these
28 publications; enter into agreements with publishers to
29 subsidize the publication of books on Pennsylvania history,
30 archaeology, anthropology, art, cartography, folklore and
19870H1731B3020 - 18 -
1 other cultural elements of Pennsylvania's heritage by
2 agreeing to purchase a sufficient number to make publication
3 possible, but these agreements shall be subject to the
4 approval of the Governor and the State Treasurer; produce or
5 reproduce facsimiles of historical material and enter into
6 agreements to subsidize the manufacture of facsimiles of
7 historical material by agreeing to purchase a sufficient
8 number to make manufacture possible, but these agreements
9 shall be subject to the approval of the Governor and the
10 State Treasurer; and sell publications, reprints of
11 publications, reproductions or replicas, postcards and
12 souvenirs of an historical nature at the State Museum and at
13 the other historic properties and museums administered by the
14 commission.
15 (2) Official repositories.--Establish one official
16 repository for its publications from among the qualified
17 historical or archaeological societies within each of the
18 geographic areas established and defined by the Department of
19 Community Affairs as "Standard Regions." The Pennsylvania
20 State Library and the Library of Congress shall also be
21 official repositories for commission publications.
22 (3) Disposition of commission publications.--Make one
23 copy of each commission publication available at cost to all
24 qualified historical or archaeological societies; and deliver
25 one copy of each commission publication without charge to
26 each official repository. The commission is excluded from the
27 provisions of section 2406 of the act of April 9, 1929
28 (P.L.177, No.175), known as The Administrative Code of 1929.
29 (4) Proprietary rights to subscription lists.--Maintain
30 proprietary rights over subscriber, membership or address
19870H1731B3020 - 19 -
1 lists that it creates which are excluded from provisions of
2 the act of June 21, 1957 (P.L.390, No.212), referred to as
3 the Right-to-Know Law.
4 § 307. Qualified historical and archaeological societies.
5 Any historical or archaeological society in this Commonwealth
6 shall be deemed to be a qualified historical or archaeological
7 society if it:
8 (1) Has at least 100 paid members, has been organized at
9 least two years and has been incorporated as a corporation
10 not-for-profit.
11 (2) Holds at least one public meeting annually at which
12 papers are read or discussions held on historical or
13 archaeological subjects.
14 (3) Has adopted a constitution and bylaws and has
15 elected proper officers to conduct its business.
16 (4) Has either established a museum or library in which
17 books, documents, papers and other objects of historical and
18 cultural interest are deposited or has made periodic
19 publications totaling at least 25 pages each year relating to
20 the history of this Commonwealth or of the area in which the
21 society is located.
22 CHAPTER 5
23 HISTORIC PRESERVATION
24 Sec.
25 501. Short title of chapter.
26 502. Powers and duties of commission.
27 503. Inclusion of property on register.
28 504. Historic Preservation Board.
29 505. Powers and duties of board.
30 506. Archaeological field investigations on Commonwealth land.
19870H1731B3020 - 20 -
1 507. Cooperation by public officials with the commission.
2 508. Interagency cooperation.
3 509. Transfer of Commonwealth land involving historic
4 resources.
5 510. Approval of construction affecting historic resources.
6 511. Criminal penalties.
7 512. Enforcement of historic preservation laws and policies.
8 § 501. Short title of chapter.
9 This chapter shall be known and may be cited as the Historic
10 Preservation Act.
11 § 502. Powers and duties of commission.
12 In addition to the powers and duties provided in Chapter 3
13 (relating to powers and duties of Pennsylvania Historical and
14 Museum Commission), the commission shall have the power and duty
15 to:
16 (1) Initiate and coordinate a Statewide survey to
17 identify and document the historic resources in this
18 Commonwealth, whether publicly or privately owned.
19 (2) Compile, maintain, revise and publish a selected
20 inventory of significant historic resources in this
21 Commonwealth, to be known as the Pennsylvania Register of
22 Historic Places, pursuant to criteria of significance
23 approved by the commission.
24 (3) Conduct research and compile documentation regarding
25 historic resources.
26 (4) Prepare a comprehensive plan for the preservation of
27 the historic resources in this Commonwealth, including
28 suggested priorities for the allocation of public and private
29 financial resources.
30 (5) Undertake the activities necessary to qualify the
19870H1731B3020 - 21 -
1 Commonwealth for participation in programs and sources of
2 Federal assistance for purposes of historic preservation.
3 (6) Provide information and advice on historic resources
4 and appropriate preservation procedures to public officials,
5 private individuals and organizations.
6 (7) Advise public officials regarding the planning and
7 implementation of undertakings affecting historic resources.
8 (8) Provide technical and financial assistance to public
9 officials, private individuals and organizations engaged in
10 historic preservation activities.
11 (9) Undertake activities to stimulate public interest in
12 historic preservation, including publications, newsletters
13 and conferences.
14 (10) Coordinate and comment upon activities of public
15 officials affecting historic resources and preservation
16 activities.
17 (11) Solicit, receive and utilize funds from any public
18 or private source for purposes of historic preservation.
19 (12) Acquire easements in properties of historic,
20 architectural and archaeological significance by gift,
21 purchase, devise or any other lawful transfer when
22 acquisition is necessary for the preservation thereof.
23 (13) Rent or lease historic resources and associated
24 properties for purposes of historic preservation.
25 (14) Contract with other states, public officials in
26 this Commonwealth or private individuals and organizations
27 for purposes of historic preservation.
28 § 503. Inclusion of property on register.
29 The owner of private property of historic, architectural or
30 archaeological significance, or a majority of the owners of
19870H1731B3020 - 22 -
1 private properties within a proposed historic district, shall be
2 given the opportunity to concur in, or object to, the nomination
3 of the property or proposed district for inclusion on the
4 Pennsylvania Register of Historic Places. If the owner of the
5 property, or a majority of the owners of the properties within
6 the proposed historic district, object to the inclusion, the
7 property shall not be included on the register.
8 § 504. Historic Preservation Board.
9 (a) Membership.--The board shall be composed of no less than
10 nine citizens RESIDENTS designated by the commission, pursuant <--
11 to recommendations by the executive director with the approval
12 of the Governor. The board shall include at least one member
13 with demonstrated competence in each of the following
14 disciplines: architecture, archaeology, architectural history,
15 history and historic preservation.
16 (b) Term of office.--Members shall serve for a term of two
17 years without compensation, other than reimbursement for actual
18 and necessary expenses incurred in the performance of their
19 duties in accordance with Commonwealth regulations, AND SHALL <--
20 SERVE UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED.
21 § 505. Powers and duties of board.
22 The Historic Preservation Board shall have the power and duty
23 to:
24 (1) Advise the commission on criteria of significance
25 for inclusion of historic resources on the Pennsylvania
26 Register of Historic Places.
27 (2) Review and recommend nominations of historic
28 resources to the National Register of Historic Places.
29 (3) Review and comment upon the commission's
30 comprehensive preservation plan for historic resources within
19870H1731B3020 - 23 -
1 this Commonwealth.
2 (4) Undertake any other activity determined by the
3 commission to be necessary or desirable for the preservation
4 of historic resources.
5 § 506. Archaeological field investigations on Commonwealth
6 land.
7 (a) Right to conduct field investigations.--The Commonwealth
8 reserves the exclusive right to conduct archaeological field
9 investigations on archaeological resources owned or controlled
10 by it, in order to protect and preserve archaeological specimens
11 and information. The specimens and information shall remain the
12 property of the Commonwealth and shall be utilized for
13 scientific and public educational purposes.
14 (b) Responsibility of commission.--The commission shall be
15 responsible for the preservation, protection and proper
16 investigation of archaeological resources located on land owned
17 or controlled by the Commonwealth, including any submerged land
18 owned or controlled by the Commonwealth.
19 (c) Survey of archaeological resources.--The commission
20 shall conduct surveys and prepare maps of archaeological
21 resources located on lands in this Commonwealth and may make
22 available the results of these surveys to the Federal
23 Government, Commonwealth agencies and political subdivisions
24 conducting activities which would affect these archaeological
25 resources. The commission shall have and maintain proprietary
26 rights over the maps and surveys indicating the location of
27 archaeological resources or archaeological field investigations
28 that have been inventoried or surveyed. These maps and surveys
29 are excluded from the provisions of the act of June 21, 1957
30 (P.L.390, No.212), referred to as the Right-to-Know Law.
19870H1731B3020 - 24 -
1 (d) Permits for field investigations.--The commission may
2 issue permits for archaeological field investigations, subject
3 to any restraints and conditions it prescribes, if the
4 investigation is undertaken with the purpose of disseminating
5 the knowledge gained and if the applicant agrees to submit to
6 the commission a summary written report of the investigation,
7 containing relevant maps, documents, drawings and photographs.
8 All archaeological specimens collected pursuant to a permit
9 issued under this subsection shall be the exclusive property of
10 the Commonwealth, and the commission shall make appropriate
11 arrangements for their disposition and study.
12 § 507. Cooperation by public officials with the commission.
13 (a) General rule.--Commonwealth agencies and political
14 subdivisions shall cooperate fully with the commission in the
15 preservation, protection and investigation of archaeological
16 resources and to that end shall:
17 (1) Notify all potential permittees, contractors or
18 other persons whose activities may affect archaeological
19 sites that the estimated cost of archaeological surveys or
20 archaeological field investigations is required to be
21 included within their bid or application for a permit.
22 (2) Notify the commission before undertaking any
23 Commonwealth or Commonwealth assisted permitted or contracted
24 projects that may affect archaeological sites.
25 (3) Notify the commission when they become aware of any
26 undertaking in connection with any Commonwealth or
27 Commonwealth assisted permitted or contracted project,
28 activity or program which affects or may affect an
29 archaeological site, and provide the commission with
30 information concerning the project, program or activity.
19870H1731B3020 - 25 -
1 (b) Survey or investigation by commission.--Upon
2 notification or determination that an archaeological resource is
3 or may be adversely affected, the commission may, within 60 days
4 after reasonable notice to the Commonwealth agency or political
5 subdivision, conduct a survey or other investigation to recover,
6 preserve or otherwise protect information from the
7 archaeological resource, provided that this subsection shall not
8 apply if a Commonwealth agency or a political subdivision
9 notified the commission in writing of the potential effect of a
10 proposed action on an archaeological resource and the commission
11 does not advise that Commonwealth agency or political
12 subdivision within 60 days that it intends to conduct a survey
13 or investigation.
14 § 508. Interagency cooperation.
15 Commonwealth agencies shall:
16 (1) Consult the commission before demolishing, altering
17 or transferring any property under their ownership or control
18 that is or may be of historical, architectural or
19 archaeological significance.
20 (2) Seek the advice of the commission on possible
21 alternatives to the demolition, alteration or transfer of
22 property under their ownership or control that is on or may
23 be eligible for the Pennsylvania Register of Historic Places.
24 (3) Initiate measures and procedures to provide for the
25 maintenance by means of preservation, rehabilitation or
26 restoration of historic resources under their ownership or
27 control that are listed on or are eligible for the
28 Pennsylvania Register of Historic Places.
29 (4) Institute procedures and policies to assure that
30 their plans, programs, codes, regulations and activities
19870H1731B3020 - 26 -
1 contribute to the preservation and enhancement of all
2 historic resources in this Commonwealth.
3 (5) Submit the procedures and policies described in
4 paragraphs (3) and (4) to the commission for review and
5 comment.
6 § 509. Transfer of Commonwealth land involving historic
7 resources.
8 Commonwealth agencies shall give the commission timely notice
9 of proposed transfers of real property owned or controlled by
10 the Commonwealth. Upon recommendation of the commission,
11 Commonwealth agencies may condition the transfer and may execute
12 covenants, deed restrictions or other contractual arrangements
13 which will most likely result in the preservation of any
14 historic resources located on or under the property to be
15 transferred.
16 § 510. Approval of construction affecting historic resources.
17 The commission shall be consulted on the design and proposed
18 location of any project, building or other undertaking financed
19 in whole or in part by Commonwealth funds which may affect the
20 preservation and development of a district, site or building
21 listed on or eligible for the Pennsylvania Register of Historic
22 Places.
23 § 511. Criminal penalties.
24 A person who conducts a field investigation on any land or
25 underwater SUBMERGED land owned or controlled by the <--
26 Commonwealth, without first obtaining a permit from the
27 commission, or a person who appropriates, defaces, destroys or
28 otherwise alters any archaeological site or specimen located
29 upon lands owned or controlled by the Commonwealth, except in
30 the course of activities pursued under the authority of a permit
19870H1731B3020 - 27 -
1 granted by the commission, commits a misdemeanor of the third
2 degree and shall, upon conviction, be sentenced to a fine not to
3 exceed $2,500 or to imprisonment for a period not to exceed one
4 year, 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 to such
7 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.
18 703. BRANDYWINE BATTLEFIELD. <--
19 704. WASHINGTON CROSSING.
20 § 701. Title to historic property.
21 (a) General rule.--Unless otherwise provided by statute with
22 respect to particular historic property, the title to historic
23 property shall be taken in the name of the Commonwealth and
24 shall, before its acquisition, be certified by counsel for the
25 commission.
26 (b) Leases.--
27 (1) For purposes of historic preservation, or for
28 educational, recreational or agricultural purposes, or for
29 parking areas or concessions for the convenience and comfort
30 of the public, the commission may lease historic property for
19870H1731B3020 - 28 -
1 a period not to exceed five years to any person or
2 organization of the Commonwealth. The commission shall lease
3 the property in the following manner:
4 (i) Those sites and museums which have nonprofit
5 allied groups whose purpose is related to the educational
6 mission of a particular property shall receive special
7 contract preference. In those instances where the above
8 criteria is met, the commission shall be permitted to
9 enter into a lease without competitive bidding.
10 (ii) When the criteria enumerated in subparagraph
11 (i) 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 POLITICAL SUBDIVISION willing to assume <--
30 total fiscal and management responsibility for a period of
19870H1731B3020 - 29 -
1 time up to 99 years, provided that such leases contain
2 restrictions protecting the historical integrity of the site,
3 insuring that appropriate historical preservation standards
4 are maintained and require appropriate insurance coverage by
5 the 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) Bloody Spring.
13 (3) Brightbill Property. <--
14 (4) Brandywine Battlefield.
15 (3) BRANDYWINE BATTLEFIELD. <--
16 (4) BRIGHTBILL PROPERTY.
17 (5) Bushy Run Battlefield.
18 (6) Captain Phillips's Rangers Memorial.
19 (7) Cashiers House.
20 (8) Conrad Weiser Homestead.
21 (9) Cornwall Iron Furnace.
22 (10) Curtin Village.
23 (11) Daniel Boone Homestead.
24 (12) David Bradford House.
25 (13) Drake Well Museum.
26 (14) Eckley Miners' Village.
27 (15) Ephrata Cloister.
28 (16) Flagship Niagara.
29 (17) Fort Augusta.
30 (18) Fort Le Boeuf Museum.
19870H1731B3020 - 30 -
1 (19) Fort Loudon.
2 (20) Fort Pitt Museum.
3 (21) French Azilum.
4 (22) Governor Printz Park.
5 (23) Graeme Park.
6 (24) Harmony Society Graveyard.
7 (25) HISTORIC PEACE CHURCH. <--
8 (25) (26) Hope Lodge. <--
9 (26) (27) John Brown House. <--
10 (27) (28) Johnston Tavern. <--
11 (28) (29) Joseph Priestley House. <--
12 (29) (30) Judson House. <--
13 (30) (31) Landis Valley Museum. <--
14 (31) (32) Mather Mill. <--
15 (32) (33) McCoy House. <--
16 (33) (34) Monocacy Battlefield. <--
17 (34) (35) Morton Homestead. <--
18 (35) (36) Museum of Anthracite Mining. <--
19 (36) (37) Nathan Denison House. <--
20 (37) (38) Old Brown's Mill School. <--
21 (38) (39) Old Chester Court House. <--
22 (39) (40) Old Custom House. <--
23 (40) (41) Old Economy Village. <--
24 (41) (42) Old Mill Village. <--
25 (42) (43) Old Stone House. <--
26 (43) Historic Peace Church. <--
27 (44) Pennsbury Manor.
28 (45) Pennsylvania Anthracite Heritage Museum.
29 (46) Pennsylvania Lumber Museum.
30 (47) Pennsylvania Military Museum.
19870H1731B3020 - 31 -
1 (48) Pithole City.
2 (49) Pottsgrove Mansion.
3 (50) Railroad Museum of Pennsylvania.
4 (51) Robert Fulton Birthplace.
5 (52) Searights Tollhouse.
6 (53) Sodom School House.
7 (54) Somerset Historical Center.
8 (55) William Penn Memorial Museum and Archives Building <--
9 (State Museum of Pennsylvania).
10 (56) (55) The Highlands.
11 (56) THE PENNSYLVANIA STATE ARCHIVES. <--
12 (57) The Scranton Iron Furnace.
13 (58) THE STATE MUSEUM OF PENNSYLVANIA. <--
14 (58) (59) Thomas Hughes House. <--
15 (59) (60) Tuscarora Academy. <--
16 (60) (61) Warrior Run Church and Cemetery. <--
17 (61) (62) Washington Crossing. <--
18 § 703. BRANDYWINE BATTLEFIELD. <--
19 (A) PARK COMMISSION; MEMBERSHIP; TERM OF OFFICE.--THE
20 BRANDYWINE BATTLEFIELD PARK COMMISSION SHALL BE AN INDEPENDENT
21 ADMINISTRATIVE COMMISSION AND SHALL CONSIST OF TEN RESIDENTS OF
22 THIS COMMONWEALTH APPOINTED BY THE GOVERNOR WITH THE ADVICE AND
23 CONSENT OF A MAJORITY OF THE MEMBERS ELECTED TO THE SENATE. THE
24 CHAIRMAN OF THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION
25 SHALL SERVE AS AN EX OFFICIO MEMBER OF THE PARK COMMISSION AND
26 MAY DESIGNATE ANOTHER MEMBER OF THE PENNSYLVANIA HISTORICAL AND
27 MUSEUM COMMISSION OR THE EXECUTIVE DIRECTOR OF THE PENNSYLVANIA
28 HISTORICAL AND MUSEUM COMMISSION TO REPRESENT THE CHAIRMAN AT
29 MEETINGS OF THE PARK COMMISSION. EACH MEMBER OF THE PARK
30 COMMISSION SHALL SERVE FOR A TERM OF FOUR YEARS AND SHALL SERVE
19870H1731B3020 - 32 -
1 UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED. EACH MEMBER SHALL
2 BE ELIGIBLE FOR REAPPOINTMENT.
3 (B) ORGANIZATION OF PARK COMMISSION.--EACH YEAR ON THE
4 ANNIVERSARY OF THE BATTLE OF BRANDYWINE, SEPTEMBER 11, 1777, OR
5 AS NEAR THERETO AS CONVENIENT, THE PARK COMMISSION SHALL ELECT
6 FROM AMONG ITS MEMBERS A CHAIRMAN, VICE CHAIRMAN, SECRETARY AND
7 TREASURER. THE PARK COMMISSION MAY ADOPT ANY RULES OF
8 ORGANIZATION AND PROCEDURE AS IT MAY DEEM APPROPRIATE AND MAY
9 DETERMINE THE DUTIES OF ITS OFFICERS. SIX MEMBERS SHALL
10 CONSTITUTE A QUORUM. MEMBERS OF THE PARK COMMISSION SHALL NOT
11 RECEIVE COMPENSATION BUT SHALL RECEIVE REIMBURSEMENT FOR THEIR
12 ACTUAL EXPENSES INCURRED IN SERVING ON THE PARK COMMISSION.
13 (C) POWERS AND DUTIES OF PARK COMMISSION.--NOTWITHSTANDING
14 THE PROVISIONS OF SECTIONS 303(1) AND (3) (RELATING TO SITES)
15 AND 702 (RELATING TO POWERS OVER CERTAIN HISTORIC PROPERTY), THE
16 PARK COMMISSION SHALL PRESERVE THE PARK AS A PATRIOTIC AND
17 HISTORIC PLACE AND SHALL HAVE CUSTODY, CONTROL, MANAGEMENT AND
18 SUPERVISION OF THE PARK. THE PARK COMMISSION SHALL HAVE THE
19 POWERS AND DUTIES TO:
20 (1) SUBMIT TO THE PENNSYLVANIA HISTORICAL AND MUSEUM
21 COMMISSION BY SEPTEMBER 1 OF EACH YEAR A REPORT WHICH SHALL
22 INCLUDE A SUMMARY OF THE PARK COMMISSION'S ACTIVITIES DURING
23 THE PRECEDING FISCAL YEAR.
24 (2) SUBMIT TO THE PENNSYLVANIA HISTORICAL AND MUSEUM
25 COMMISSION BY OCTOBER 1 OF EACH YEAR A PRELIMINARY PLAN,
26 INCLUDING A PRELIMINARY BUDGET, FOR THE PARK COMMISSION'S
27 ACTIVITIES DURING THE NEXT FISCAL YEAR.
28 (3) SUBMIT TO THE PENNSYLVANIA HISTORICAL AND MUSEUM
29 COMMISSION BY MAY 1 OF EACH YEAR A FINAL PLAN, INCLUDING A
30 FINAL BUDGET, FOR THE PARK COMMISSION'S ACTIVITIES DURING THE
19870H1731B3020 - 33 -
1 NEXT FISCAL YEAR.
2 (4) PROVIDE FOR LOCAL INPUT AND FOSTER LOCAL PUBLIC
3 SUPPORT FOR PROGRAMS AND ACTIVITIES AT THE PARK.
4 (5) ENCOURAGE AN APPRECIATION OF THE HISTORICAL
5 SIGNIFICANCE OF THE PARK FOR THE PEOPLE OF THIS COMMONWEALTH.
6 (6) COOPERATE WITH THE PENNSYLVANIA HISTORICAL AND
7 MUSEUM COMMISSION OR ANY OTHER FEDERAL, STATE OR LOCAL
8 AGENCY, OR ANY PRIVATE HISTORICAL ORGANIZATION OR FOUNDATION,
9 IN CONDUCTING PROGRAMS OR PROVIDING SERVICES TO FURTHER
10 IMPROVE OR DEVELOP THE PARK.
11 (7) PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE
12 IMPLEMENTATION OF ITS POWER AND DUTIES.
13 (D) AGREEMENT BETWEEN COMMISSIONS.--BY AUGUST 1 OF EACH
14 YEAR, THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION SHALL
15 ENTER INTO AN AGREEMENT WITH THE PARK COMMISSION SPECIFYING THE
16 FUNDING THAT WILL BE MADE AVAILABLE TO THE PARK COMMISSION FOR
17 THE FISCAL YEAR WHICH BEGAN ON JULY 1 OF THAT YEAR. THE
18 AGREEMENT MAY CONTAIN OTHER TERMS AND CONDITIONS NECESSARY FOR
19 COOPERATION BETWEEN THE PARK COMMISSION AND THE PENNSYLVANIA
20 HISTORICAL AND MUSEUM COMMISSION.
21 § 704. WASHINGTON CROSSING.
22 (A) PARK COMMISSION, MEMBERSHIP; TERM OF OFFICE.--THE
23 WASHINGTON CROSSING PARK COMMISSION SHALL BE AN INDEPENDENT
24 ADMINISTRATIVE COMMISSION AND SHALL CONSIST OF TEN RESIDENTS OF
25 THIS COMMONWEALTH APPOINTED BY THE GOVERNOR WITH THE ADVICE AND
26 CONSENT OF A MAJORITY OF THE MEMBERS ELECTED TO THE SENATE. THE
27 CHAIRMAN OF THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION
28 SHALL SERVE AS AN EX OFFICIO MEMBER OF THE PARK COMMISSION AND
29 MAY DESIGNATE ANOTHER MEMBER OF THE PENNSYLVANIA HISTORICAL AND
30 MUSEUM COMMISSION OR THE EXECUTIVE DIRECTOR OF THE PENNSYLVANIA
19870H1731B3020 - 34 -
1 HISTORICAL AND MUSEUM COMMISSION TO REPRESENT THE CHAIRMAN AT
2 MEETINGS OF THE PARK COMMISSION. EACH MEMBER OF THE PARK
3 COMMISSION SHALL SERVE FOR A TERM OF FIVE YEARS AND SHALL SERVE
4 UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED. EACH MEMBER SHALL
5 BE ELIGIBLE FOR REAPPOINTMENT.
6 (B) ORGANIZATION OF PARK COMMISSION.--EACH YEAR THE PARK
7 COMMISSION SHALL ELECT FROM AMONG ITS MEMBERS A CHAIRMAN, A
8 SECRETARY AND OTHER OFFICERS AS DEEMED NECESSARY BY THE PARK
9 COMMISSION. THE PARK COMMISSION MAY ADOPT ANY RULES OF
10 ORGANIZATION AND PROCEDURE AS IT MAY DEEM APPROPRIATE AND MAY
11 DETERMINE THE DUTIES OF ITS OFFICERS. SIX MEMBERS SHALL
12 CONSTITUTE A QUORUM. MEMBERS OF THE PARK COMMISSION SHALL NOT
13 RECEIVE COMPENSATION BUT SHALL RECEIVE REIMBURSEMENT FOR THEIR
14 ACTUAL EXPENSES INCURRED IN SERVING ON THE PARK COMMISSION.
15 (C) POWERS AND DUTIES OF PARK COMMISSION.--NOTWITHSTANDING
16 THE PROVISIONS OF SECTIONS 303(1) AND (3) (RELATING TO SITES)
17 AND 702 (RELATING TO POWERS OVER CERTAIN HISTORIC PROPERTY), THE
18 PARK COMMISSION SHALL PRESERVE THE PARK AS A PATRIOTIC AND
19 HISTORIC PLACE AND SHALL HAVE CUSTODY, CONTROL, MANAGEMENT AND
20 SUPERVISION OF THE PARK, INCLUDING THE MAINTENANCE OF THE WILD
21 FLOWER PRESERVE ON THE LAND KNOWN AS BOWMAN'S HILL. THE PARK
22 COMMISSION SHALL HAVE THE POWERS AND DUTIES TO:
23 (1) SUBMIT TO THE PENNSYLVANIA HISTORICAL AND MUSEUM
24 COMMISSION BY SEPTEMBER 1 OF EACH YEAR A REPORT WHICH SHALL
25 INCLUDE A SUMMARY OF THE PARK COMMISSION'S ACTIVITIES DURING
26 THE PRECEDING FISCAL YEAR.
27 (2) SUBMIT TO THE PENNSYLVANIA HISTORICAL AND MUSEUM
28 COMMISSION BY OCTOBER 1 OF EACH YEAR A PRELIMINARY PLAN,
29 INCLUDING A PRELIMINARY BUDGET, FOR THE PARK COMMISSION'S
30 ACTIVITIES DURING THE NEXT FISCAL YEAR.
19870H1731B3020 - 35 -
1 (3) SUBMIT TO THE PENNSYLVANIA HISTORICAL AND MUSEUM
2 COMMISSION BY MAY 1 OF EACH YEAR A FINAL PLAN, INCLUDING A
3 FINAL BUDGET, FOR THE PARK COMMISSION'S ACTIVITIES DURING THE
4 NEXT FISCAL YEAR.
5 (4) PROVIDE FOR LOCAL INPUT AND FOSTER LOCAL PUBLIC
6 SUPPORT FOR PROGRAMS AND ACTIVITIES AT THE PARK.
7 (5) ENCOURAGE AN APPRECIATION OF THE HISTORICAL
8 SIGNIFICANCE OF THE PARK FOR THE PEOPLE OF THIS COMMONWEALTH.
9 (6) COOPERATE WITH THE PENNSYLVANIA HISTORICAL AND
10 MUSEUM COMMISSION OR ANY OTHER FEDERAL, STATE OR LOCAL
11 AGENCY, OR ANY PRIVATE HISTORICAL ORGANIZATION OR FOUNDATION,
12 IN CONDUCTING PROGRAMS OR PROVIDING SERVICES TO FURTHER
13 IMPROVE OR DEVELOP THE PARK.
14 (7) PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE
15 IMPLEMENTATION OF ITS POWER AND DUTIES.
16 (D) AGREEMENT BETWEEN COMMISSIONS.--BY AUGUST 1 OF EACH
17 YEAR, THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION SHALL
18 ENTER INTO AN AGREEMENT WITH THE PARK COMMISSION SPECIFYING THE
19 FUNDING THAT WILL BE MADE AVAILABLE TO THE PARK COMMISSION FOR
20 THE FISCAL YEAR WHICH BEGAN ON JULY 1 OF THAT YEAR. THE
21 AGREEMENT MAY CONTAIN OTHER TERMS AND CONDITIONS NECESSARY FOR
22 COOPERATION BETWEEN THE PARK COMMISSION AND THE PENNSYLVANIA
23 HISTORICAL AND MUSEUM COMMISSION.
24 Section 2. (a) The administrative and budgetary provisions
25 of the act of April 9, 1929 (P.L.177, No.175), known as The
26 Administrative Code of 1929, shall continue to apply to the
27 Pennsylvania Historical and Museum Commission insofar as those
28 provisions are consistent with this act.
29 (b) The Pennsylvania Historical and Museum Commission shall
30 continue to exercise the powers and perform the duties conferred
19870H1731B3020 - 36 -
1 or required by law prior to the effective date of this act with
2 respect to the historical properties listed in 37 Pa.C.S. § 702
3 (relating to powers over certain historic property).
4 (c) The members of the Pennsylvania Historical and Museum
5 Commission and the Historic Preservation Board serving as
6 members when this act becomes effective shall continue to serve
7 as members until the term for which they were respectively
8 appointed expires.
9 (d) The Drake Well Advisory Board, the Twenty-eighth
10 Division Memorial Shrine Advisory Board and the Joseph Priestley
11 Advisory Board are abolished.
12 (e) The Washington Crossing Park Commission and the <--
13 Brandywine Battlefield Park Commission shall each consist of ten
14 citizens of this Commonwealth appointed by the Governor. Members
15 shall serve for a term of four years and shall serve until a
16 successor is appointed. The purpose of these commissions shall
17 be the support, encouragement and advancement of Washington
18 Crossing Park and Brandywine Battlefield Park as providing by
19 the act of July 25, 1917 (P.L.1209, No.420), entitled "An act to
20 authorize the acquisition, by purchase or condemnation, of lands
21 for a park, and the erection of a monument commemorative of
22 Washington crossing the river Delaware, and for the appointment
23 of a commission to acquire said lands and erect such monument;
24 and making an appropriation for the purpose of this act," and
25 the act of July 5, 1947 (P.L.1293, No.517), entitled "An act to
26 establish The Brandywine Battlefield Park Commission and to
27 authorize the acquisition by purchase, condemnation or gift of
28 lands for the establishment of The Brandywine Battlefield Park;
29 providing for the control, management and supervision of the
30 property to be acquired for such park by such commission;
19870H1731B3020 - 37 -
1 authorizing the commission to make and to enforce rules and
2 regulations for its preservation, development and visitation;
3 and making appropriations." To carry out this mission, these
4 commissions shall:
5 (1) prepare an annual plan for education, preservation
6 and development of these sites and submit such plans to the
7 Pennsylvania Historical and Museum Commission.
8 (2) provide local input and public support for programs
9 and activities at the parks; and
10 (3) work to foster an appreciation of the historical
11 significance of Washington Crossing Park and Brandywine
12 Battlefield Park for the people of this Commonwealth.
13 (E) THE MEMBERS OF THE BRANDYWINE BATTLEFIELD PARK <--
14 COMMISSION AND THE WASHINGTON CROSSING PARK COMMISSION SERVING
15 AS MEMBERS ON THE EFFECTIVE DATE OF THIS ACT SHALL CONTINUE TO
16 SERVE AS MEMBERS UNTIL THEIR SUCCESSORS ARE APPOINTED AND
17 QUALIFIED.
18 Section 3. This act, with respect to the Pennsylvania
19 Historical and Museum Commission, shall constitute the
20 legislation required to reestablish an agency pursuant to the
21 act of December 22, 1981 (P.L.508, No.142), known as the Sunset
22 Act.
23 Section 4. Each rule and regulation of the Pennsylvania
24 Historical and Museum Commission in effect on the effective date
25 of this act shall remain in effect after such date until
26 repealed or amended by the commission.
27 Section 5. (a) The following acts and parts of acts are
28 repealed:
29 Act of July 25, 1913 (P.L.1265, No.777), entitled "An act
30 providing for the establishment of the Pennsylvania Historical
19870H1731B3020 - 38 -
1 Commission; defining its powers and duties; and making an
2 appropriation for its work."
3 ACT OF JULY 25, 1917 (P.L.1209, NO.420), ENTITLED "AN ACT TO <--
4 AUTHORIZE THE ACQUISITION, BY PURCHASE OR CONDEMNATION, OF LANDS
5 FOR A PARK, AND THE ERECTION OF A MONUMENT COMMEMORATIVE OF
6 WASHINGTON CROSSING THE RIVER DELAWARE, AND FOR THE APPOINTMENT
7 OF A COMMISSION TO ACQUIRE SAID LANDS AND ERECT SUCH MONUMENT;
8 AND MAKING AN APPROPRIATION FOR THE PURPOSE OF THIS ACT."
9 Act of July 21, 1919 (P.L.1086, No.444), entitled "An act
10 dedicating to public use as a historical memorial and public
11 park certain lands and buildings of the Commonwealth of
12 Pennsylvania, in the borough of Ambridge, county of Beaver, and
13 providing for the custody, maintenance, and use thereof."
14 Act of May 6, 1925 (P.L.514, No.278), entitled "An act
15 authorizing the Department of Highways to make repairs to and
16 provide for the maintenance of roads and highways in Valley
17 Forge Park, and making an appropriation therefor."
18 Act of May 4, 1927 (P.L.32, No.44-A), entitled, as amended,
19 "An act authorizing the Department of Forests and Waters to
20 acquire, repair, and restore the birthplace of John Morton, in
21 the borough of Prospect Park; providing for the control,
22 management, supervision, and maintenance thereof by the
23 Pennsylvania Historical Commission; authorizing the commission
24 to make and enforce rules and regulations for the preservation
25 and visitation thereof; and making an appropriation."
26 Act of May 4, 1927 (P.L.759, No.398), entitled "An act
27 providing for the acquisition and maintenance by the Department
28 of Forests and Waters, with the advice of the Bushy Run
29 Battlefield Commission, of the Bushy Run Battlefield and
30 adjacent lands as a public historical park, and for the erection
19870H1731B3020 - 39 -
1 of a monument or memorial therein; authorizing the department to
2 accept gifts for exhibition in, and funds or securities to be
3 invested for the benefit of, said park; imposing duties upon the
4 Governor, the Auditor General and the State Treasurer in
5 connection with such funds or securities; and making an
6 appropriation."
7 As much of section 201 as reads "the Pennsylvania Historical
8 and Museum Commission", sections 304, 435, 617-A and Article
9 XXVIII-A of the act of April 9, 1929 (P.L.177, No.175), known as
10 The Administrative Code of 1929.
11 Act of April 24, 1929 (P.L.650, No.275), entitled "An act
12 providing for the submission to and approval by the Pennsylvania
13 Historical Commission of the inscription on historical monuments
14 and markers, and the location of certain of such monuments and
15 markers, and the inscription of certain highway signs and
16 markers."
17 Act of April 26, 1929 (P.L.781, No.332), entitled "An act
18 authorizing the Pennsylvania Historical Commission on behalf of
19 the Commonwealth of Pennsylvania to acquire land in Falls
20 Township, Bucks County, known as 'Pennsbury,' to be known
21 thereafter as 'Pennsbury Memorial'; providing for the control,
22 management, supervision, restoration, improvement, and
23 maintenance thereof; authorizing the commission to make and
24 enforce rules and regulations for the preservation and
25 visitation thereof."
26 Act of May 8, 1929 (P.L.1667, No.528), entitled, as amended,
27 "An act authorizing the Pennsylvania Historical and Museum
28 Commission, on behalf of the Commonwealth of Pennsylvania, to
29 acquire all real and personal property included in the Conrad
30 Weiser Memorial Park, in Heidelberg Township, Berks County, from
19870H1731B3020 - 40 -
1 the Conrad Weiser Memorial Park Association; providing for the
2 control, management, supervision, restoration and improvement
3 thereof; authorizing the commission to make and enforce rules
4 and regulations for the preservation and visitation thereof; and
5 making an appropriation therefor."
6 Act of April 10, 1931 (P.L.23, No.22), entitled, as amended,
7 "An act providing for the acceptance by the Commonwealth of a
8 gift of lands from the American Petroleum Institute, located on
9 the left bank of Oil Creek, in Oil Creek Township or Cherry Tree
10 Township, or both, Venango County, to establish and maintain a
11 public museum and park, as the Drake Well Memorial, under the
12 control and supervision of the Pennsylvania Historical
13 Commission, in cooperation with the Department of Forests and
14 Waters, and an advisory board to be appointed by the American
15 Petroleum Institute; prescribing the powers and duties of the
16 commission relative to said memorial; authorizing the employment
17 of certain assistants and employes, and for the payment of their
18 salaries; empowering the Department of Property and Supplies to
19 acquire additional lands for such Memorial Park without cost to
20 the Commonwealth; and making an appropriation."
21 Act of May 21, 1931 (P.L.185, No.113), entitled "An act
22 authorizing the Pennsylvania Historical Commission, on behalf of
23 the Commonwealth of Pennsylvania, to acquire all real property
24 comprising the Cornwall Charcoal Furnace, at Cornwall, in
25 Lebanon County, from the owner thereof, and a trust fund for the
26 maintenance of the same; providing for the control, management,
27 supervision, restoration and improvement thereof; authorizing
28 the commission to make and enforce rules and regulations for the
29 preservation and visitation thereof."
30 Act of June 12, 1931 (P.L.588, No.201), entitled "An act
19870H1731B3020 - 41 -
1 authorizing the Department of Property and Supplies to acquire
2 lands in Harris Township, Centre County, for the use of the
3 Department of Military Affairs; and making an appropriation."
4 Act of June 25, 1931 (P.L.1375, No.344), entitled "An act
5 authorizing the Pennsylvania Historical Commission, on behalf of
6 the Commonwealth of Pennsylvania, to acquire property, whereon
7 was the John Brown farm and tannery in Richmond Township,
8 Crawford County, from the John Brown Memorial Association;
9 providing for the control, management, supervision, restoration
10 and improvement thereof; authorizing the commission to make and
11 enforce rules and regulations for the preservation and
12 visitation thereof."
13 Act of June 26, 1931 (P.L.1386, No.350), entitled "An act
14 providing for the care, protection, and maintenance of the brig
15 Niagara, Commodore Perry's Flagship at the Battle of Lake Erie,
16 and now the property of the State of Pennsylvania; creating a
17 commission to be The Flagship Niagara Commission, and making an
18 appropriation for such care, protection and maintenance."
19 Act of June 26, 1931 (P.L.1387, No.351), entitled "An act
20 authorizing the Department of Property and Supplies to acquire
21 the site of Fort Augusta, at Sunbury, to be turned over to the
22 Pennsylvania Historical Commission for management; and making an
23 appropriation."
24 Act of July 9, 1935 (P.L.613, No.216), entitled "An act
25 authorizing the State Historical Commission to investigate and
26 to report to the next session of the Legislature upon the area,
27 boundaries, and dimensions of the Brandywine Battlefield of the
28 Revolutionary War and to accept gifts or deeds of historic
29 objects or of land connected therewith."
30 Act of July 22, 1936 (1st Sp.Sess., P.L.70, No.26), entitled
19870H1731B3020 - 42 -
1 "An act to provide for the participation of the Commonwealth of
2 Pennsylvania in a National Celebration of the One Hundred
3 Fiftieth Anniversary of the Framing, the Signing, the
4 Ratification by Pennsylvania and the Final Adoption and
5 Promulgation, of the Constitution of the United States, to be
6 held at Philadelphia, and elsewhere, on the fifteenth,
7 sixteenth, and seventeenth days of September, one thousand nine
8 hundred thirty-seven, and subsequent anniversary dates in
9 connection therewith; and making an appropriation."
10 Act of July 28, 1936 (1st Sp.Sess., P.L.79, No.31), entitled
11 "An act to provide for the commemoration by the Commonwealth of
12 Pennsylvania of the Three Hundredth Anniversary of the Earliest
13 Settlement, the First Courts of Law, and the First Capital
14 within what is now Pennsylvania; and making an appropriation."
15 Act of May 28, 1937 (P.L.1000, No.271), entitled "An act
16 authorizing the Pennsylvania Historical Commission, on behalf of
17 the Commonwealth of Pennsylvania, to acquire, by gift,
18 approximately 7.224 acres of land in Tinicum Township, Delaware
19 County, sometimes known as 'Printz Park,' or as 'Printz-Lindberg
20 Park,' to be known hereafter as 'Governor Printz Park';
21 providing for the control, management, supervision, restoration,
22 improvement and maintenance thereof; authorizing the commission
23 to make and enforce rules and regulations for the preservation,
24 maintenance, and visitation thereof."
25 Act of June 2, 1937 (P.L.1179, No.295), entitled "An act
26 providing for the acquisition of the Daniel Boone Homestead by
27 the Department of Property and Supplies, and for its management
28 and development by the Pennsylvania Historical Commission; and
29 making an appropriation."
30 Act of June 25, 1937 (P.L.2079, No.410), entitled "An act
19870H1731B3020 - 43 -
1 providing for the sale of Fort Necessity Park, in Wharton
2 Township, to the government of the United States, for National
3 Military Park purposes, and giving consent to the purchase of
4 said park, other lands of historical importance, and, with
5 certain reservations, ceding jurisdiction over such lands."
6 Act of July 2, 1937 (P.L.2697, No.542), entitled "An act
7 supplementing the act, approved the twenty-eighth day of July,
8 one thousand nine hundred and thirty-six (Pamphlet Laws,
9 seventy-nine); and authorizing the Governor, directly or through
10 such agency as he may designate, to provide, plan, prepare,
11 supervise, and carry out a suitable program, within and without
12 Pennsylvania, for the commemoration by the Commonwealth of
13 Pennsylvania of the three hundredth anniversary of the earliest
14 settlement, the first courts of law, and the first capital
15 within what is now Pennsylvania; and making an appropriation
16 therefor out of the General Fund."
17 Act of July 2, 1937 (P.L.2700, No.543), entitled "An act
18 supplementing the act of July twenty-second, one thousand nine
19 hundred and thirty-six (Pamphlet Laws, seventy); and authorizing
20 the Governor, directly or through such agency as he may
21 designate, to provide, plan, prepare, supervise, and carry out,
22 a suitable program, throughout the Commonwealth of Pennsylvania
23 and elsewhere, for the Celebration of the 150th Anniversary of
24 the Framing, the Signing, the Ratification by Pennsylvania, and
25 the Final Adoption and Establishment of the Constitution of the
26 United States, during the years 1937-38-39; and making an
27 appropriation."
28 Act of June 26, 1939 (P.L.1108, No.390), entitled "A
29 supplement to the act, approved the twenty-sixth day of June,
30 one thousand nine hundred thirty-one (Pamphlet Laws, one
19870H1731B3020 - 44 -
1 thousand three hundred eighty-six), entitled 'An act providing
2 for the care, protection, and maintenance of the brig Niagara,
3 Commodore Perry's Flagship at the Battle of Lake Erie, and now
4 the property of the State of Pennsylvania; creating a commission
5 to be The Flagship Niagara Commission, and making an
6 appropriation for such care, protection and maintenance,'
7 transferring the custody and control, restoration and
8 rehabilitation, care, protection, and maintenance of the
9 Flagship Niagara from The Flagship Niagara Commission to the
10 Pennsylvania Historical Commission; providing for the
11 continuance of the present The Flagship Niagara Commission as an
12 advisory committee and for its discharge from certain duties and
13 powers; and making an appropriation to complete the restoration
14 and rehabilitation of the Flagship Niagara and the maintenance
15 of the same."
16 Act of June 26, 1939 (P.L.1110, No.391), entitled "An act
17 authorizing the Department of Property and Supplies to acquire
18 by purchase, gift, lease or condemnation, on behalf of the
19 Commonwealth of Pennsylvania, forty acres of land adjacent to
20 'Pennsbury Memorial,' or so much thereof as may be necessary to
21 properly honor the founder of the Commonwealth of Pennsylvania
22 on the spot where he made definite plans to spend his life;
23 providing for the control, management, supervision, improvement,
24 preservation and maintenance thereof; authorizing the
25 Pennsylvania Historical Commission to make and enforce rules and
26 regulations for the preservation and visitation thereof; and
27 making an appropriation."
28 Act of June 27, 1939 (P.L.1117, No.395), entitled "An act
29 authorizing the Department of Property and Supplies to acquire
30 by purchase, or gift, or lease on behalf of the Commonwealth of
19870H1731B3020 - 45 -
1 Pennsylvania, the real estate and personal property of the
2 Seventh Day Baptists of Ephrata, in whole or in part, to provide
3 for the control, management and supervision of the property,
4 when acquired, by the Pennsylvania Historical Commission;
5 authorizing the commission to make and enforce rules and
6 regulations for its preservation and visitation and to charge a
7 fee for admission thereto and exhibition thereof."
8 Act of August 5, 1941 (P.L.830, No.309), entitled "An act
9 authorizing the Department of Property and Supplies acting for
10 the Commonwealth of Pennsylvania to acquire by gift from the
11 owner thereof Pottsgrove Mansion with tract of land situate in
12 the ninth ward of the Borough of Pottstown, Montgomery County,
13 Pennsylvania; providing for the control, management,
14 supervision, improvement and maintenance thereof by the
15 Pennsylvania Historical Commission; authorizing the Pennsylvania
16 Historical Commission to make and enforce rules and regulations
17 for the preservation, maintenance and visitation thereof, and
18 creating an advisory board to assist in such functions."
19 Act of August 6, 1941 (P.L.849, No.317), entitled "An act
20 authorizing the Department of Property and Supplies to acquire
21 on behalf of the Commonwealth of Pennsylvania certain land upon
22 which is still standing the birthplace of Robert Fulton in
23 Fulton Township, Lancaster County, or so much thereof as may be
24 necessary, as a memorial; providing for the control, management,
25 supervision, improvement, restoration and maintenance thereof;
26 authorizing the Pennsylvania Historical Commission to make and
27 enforce rules and regulations for the preservation and
28 visitation thereof, and making an appropriation."
29 Act of August 6, 1941 (P.L.850, No.318), entitled "An act
30 authorizing the Department of Property and Supplies to acquire
19870H1731B3020 - 46 -
1 by purchase, gift, lease or condemnation, on behalf of the
2 Commonwealth of Pennsylvania, ten acres of land adjacent to the
3 Daniel Boone Homestead, or so much thereof as may be necessary,
4 to properly honor the pioneer Daniel Boone on the spot where he
5 was born; providing for the control, management, supervision,
6 improvement, preservation and maintenance thereof; authorizing
7 the Pennsylvania Historical Commission to make and enforce rules
8 and regulations for the preservation and visitation thereof, and
9 making an appropriation."
10 Act of May 26, 1943 (P.L.608, No.265), entitled "An act
11 authorizing the Pennsylvania Historical Commission, on behalf of
12 the Commonwealth of Pennsylvania, to acquire, by gift, the
13 Harmony Society Graveyard in the Borough of Ambridge,
14 Pennsylvania; providing for the control, management and
15 maintenance thereof; authorizing the Commission to make and
16 enforce rules and regulations for the preservation, maintenance,
17 and visitation thereof."
18 Act of June 1, 1943 (P.L.804, No.336), entitled "An act
19 authorizing the Pennsylvania Historical Commission to acquire by
20 gift, from the Erie County Historical Society, a plot of ground
21 in the City of Erie, Pennsylvania, to be used as a permanent
22 resting place for the Flagship Niagara, and making an
23 appropriation to said commission for the improvement,
24 development and preparation of such plot of ground and the
25 removal of the said flagship thereto."
26 Act of June 4, 1943 (P.L.873, No.365), entitled "An act
27 authorizing the Department of Property and Supplies, with the
28 advice and approval of the Pennsylvania Historical Commission,
29 to acquire on behalf of the Commonwealth of Pennsylvania,
30 certain land upon which is located the site of Fort LeBoeuf in
19870H1731B3020 - 47 -
1 Waterford Borough, Erie County, or so much thereof as may be
2 necessary, as a historical memorial; providing for the control,
3 management, supervision, improvement, restoration and
4 maintenance thereof; authorizing the Pennsylvania Historical
5 Commission, in cooperation with other agencies, to make and
6 enforce rules and regulations for the preservation and
7 visitation thereof; authorizing the Pennsylvania Historical
8 Commission to cooperate with the Daughters of the American
9 Colonists and interested patriotic societies in providing funds
10 for a restoration of Fort LeBoeuf; and making an appropriation."
11 Act of May 18, 1945 (P.L.795, No.316), entitled "An act
12 authorizing the Pennsylvania Historical Commission to accept, on
13 behalf of the Commonwealth, certain real estate in, and an
14 endowment fund for, the Mt. Zion Cemetery which is part of the
15 historic Ephrata Cloister land located in Ephrata, Lancaster
16 County, Pennsylvania."
17 Act of May 31, 1945 (P.L.1194, No.415), entitled "An act
18 authorizing the Pennsylvania Historical Commission to acquire by
19 gift from the Historical Society of Cambria County, the Admiral
20 Peary Memorial Park in Cresson Township, Cambria County,
21 restricting the use thereof; and making an appropriation to said
22 commission for the improvement of said park."
23 ACT OF JULY 5, 1947 (P.L.1293, NO.517), ENTITLED "AN ACT TO <--
24 ESTABLISH THE BRANDYWINE BATTLEFIELD PARK COMMISSION AND TO
25 AUTHORIZE THE ACQUISITION BY PURCHASE, CONDEMNATION OR GIFT OF
26 LANDS FOR THE ESTABLISHMENT OF THE BRANDYWINE BATTLEFIELD PARK;
27 PROVIDING FOR THE CONTROL, MANAGEMENT AND SUPERVISION OF THE
28 PROPERTY TO BE ACQUIRED FOR SUCH PARK BY SUCH COMMISSION;
29 AUTHORIZING THE COMMISSION TO MAKE AND TO ENFORCE RULES AND
30 REGULATIONS FOR ITS PRESERVATION, DEVELOPMENT AND VISITATION;
19870H1731B3020 - 48 -
1 AND MAKING APPROPRIATIONS."
2 Act of May 20, 1949 (P.L.1579, No.476), entitled "An act
3 authorizing the Pennsylvania Historical and Museum Commission to
4 develop a farmers' museum; designating purposes of such museum;
5 and making an appropriation."
6 Act of May 26, 1949 (P.L.1876, No.554), entitled "An act
7 authorizing the Pennsylvania Historical and Museum Commission to
8 accept, on behalf of the Commonwealth, certain real estate and
9 buildings and an endowment fund for the Warrior Run Church and
10 Cemetery, located in Northumberland County, Pennsylvania; and
11 making an appropriation."
12 Act of May 26, 1949 (P.L.1877, No.555), entitled "An act
13 authorizing the Department of Property and Supplies, with the
14 approval of the Pennsylvania Historical and Museum Commission,
15 to acquire by purchase, condemnation, lease or gift, certain
16 lands adjacent to the Daniel Boone Homestead property; providing
17 for the maintenance and improvement thereof; and making an
18 appropriation for the payment of the costs of such acquisition."
19 Act of January 5, 1952 (1951 P.L.1824, No.485), entitled "An
20 act authorizing the Department of Property and Supplies, with
21 the approval of the Pennsylvania Historical and Museum
22 Commission, to acquire on behalf of the Commonwealth, certain
23 land, buildings and appurtenances, located in the Township of
24 Manheim, Lancaster County, and certain personal property
25 therein; and making an appropriation."
26 Act of July 20, 1953 (P.L.519, No.137), entitled "An act
27 authorizing the Department of Property and Supplies to sell and
28 convey one acre and 102.93 perches, more or less, of land in
29 Ephrata Township, Lancaster County, Pennsylvania, with the
30 approval of the Governor."
19870H1731B3020 - 49 -
1 Act of February 14, 1956 (1955 P.L.1045, No.335), entitled
2 "An act declaring the public interest in certain historic sites
3 and buildings and providing for certificates and markers."
4 Act of May 11, 1956 (1955 P.L.1571, No.523), entitled "An act
5 authorizing the Pennsylvania Historical and Museum Commission to
6 acquire, by gift, the Old Brown's Mill building and project in
7 Antrim Township, Franklin County; and providing for its
8 maintenance and control."
9 Act of May 31, 1956 (1955 P.L.1914, No.636), 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 by purchase certain lands adjacent to the
13 Pennsylvania Farm Museum of Landis Valley property; providing
14 for the control, maintenance and improvement thereof; and making
15 an appropriation."
16 Act of June 1, 1956 (1955 P.L.2020, No.676), 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 lands comprising the Captain William Phillips'
20 Rangers Memorial, in Liberty Township, Bedford County; providing
21 for the control, management, supervision, improvement,
22 restoration and maintenance thereof by the Pennsylvania
23 Historical and Museum Commission; and making appropriations."
24 Act of June 28, 1957 (P.L.422, No.232), entitled "An act
25 authorizing the Pennsylvania Historical and Museum Commission to
26 acquire by gift on behalf of the Commonwealth the real property,
27 known as Hope Lodge in Montgomery County; providing for its
28 control, management, supervision, restoration, improvement and
29 maintenance, and appropriating for this purpose all funds
30 received in behalf of or as the result of operation of Hope
19870H1731B3020 - 50 -
1 Lodge."
2 Act of June 28, 1957 (P.L.425, No.233), entitled "An act
3 authorizing the Department of Property and Supplies, with the
4 approval of the Pennsylvania Historical and Museum Commission,
5 to acquire on behalf of the Commonwealth, certain land,
6 buildings and personal property located in the Township of
7 Whitemarsh, Montgomery County."
8 Act of July 8, 1957 (P.L.556, No.308), entitled "A supplement
9 to the act of June 12, 1931 (P.L.588, No.201), entitled 'An act
10 authorizing the Department of Property and Supplies to acquire
11 lands in Harris Township, Centre County, for the use of the
12 Department of Military Affairs; and making an appropriation,'
13 transferring the control, supervision and management of the
14 lands of the Pennsylvania Historical and Museum Commission;
15 requiring the commission to complete and thereafter maintain the
16 'Twenty-eighth Division Shrine' thereon, dedicating the same to
17 the officers and men of the Twenty-eighth Division; creating the
18 Twenty-eighth Division Memorial Shrine Advisory Board, and
19 prescribing its powers and duties; and making an appropriation."
20 Act of July 17, 1957 (P.L.960, No.413), entitled "An act
21 authorizing the Pennsylvania Historical and Museum Commission to
22 acquire, by gift, on behalf of the Commonwealth, the real
23 property known as Graeme Park in Horsham Township, Montgomery
24 County; providing for its control, management, supervision,
25 restoration, improvement and maintenance; and making an
26 appropriation."
27 Act of July 18, 1957 (P.L.1005, No.445), entitled "An act
28 authorizing the Pennsylvania Historical and Museum Commission to
29 acquire land on which is located the Old Bradford House in the
30 City of Washington, Washington County; providing for its repair;
19870H1731B3020 - 51 -
1 authorizing an agreement for the administration thereof by the
2 Washington County Historical Society, and making an
3 appropriation."
4 Act of July 18, 1957 (P.L.1011, No.447), entitled "An act
5 directing the Department of Highways to transfer the Searights
6 Toll House to the Pennsylvania Historical and Museum Commission;
7 providing for the repair of the Toll House; authorizing the
8 Pennsylvania Historical and Museum Commission to enter into an
9 agreement for the administration thereof by the Westmoreland-
10 Fayette Historical Society; and making an appropriation."
11 Act of July 27, 1959 (P.L.574, No.182), entitled "An act
12 authorizing the Pennsylvania Historical and Museum Commission to
13 acquire by gift on behalf of the Commonwealth real property of
14 approximately one acre adjacent to the Hope Lodge property of
15 the Commonwealth; providing for its control, management,
16 supervision, restoration, improvement and maintenance, and
17 making it part of the Hope Lodge property."
18 Act of November 16, 1959 (P.L.1509, No.528), entitled "An act
19 authorizing the Pennsylvania Department of Property and
20 Supplies, acting for the Commonwealth of Pennsylvania, to
21 acquire by gift from the Borough of Northumberland that certain
22 tract of land in Northumberland Borough, County of
23 Northumberland, upon which is located the home of Joseph
24 Priestley and which is now the property of the Borough of
25 Northumberland; providing for the control, management,
26 supervision, improvement and maintenance thereof by the
27 Pennsylvania Historical and Museum Commission; authorizing the
28 Pennsylvania Historical and Museum Commission to make and
29 enforce rules and regulations for the preservation, maintenance
30 and visitation thereof; authorizing the Pennsylvania Historical
19870H1731B3020 - 52 -
1 and Museum Commission to accept in trust from the American
2 Chemical Society and other interested societies or individuals
3 such moneys as they may see fit to present to the Commonwealth
4 to assist in the maintenance and development of this property as
5 a permanent memorial; authorizing the Pennsylvania Historical
6 and Museum Commission to accept as gifts or loans such books,
7 manuscripts, pamphlets, relics and furniture as interested
8 societies or individuals may provide for enhancing the interests
9 of this property as a museum of science; creating an advisory
10 board to assist in such functions and making an appropriation."
11 Act of December 16, 1959 (P.L.1856, No.681), entitled "An act
12 authorizing the Pennsylvania Historical and Museum Commission to
13 acquire the Pechin House; providing for the repair of the Pechin
14 House; authorizing the Pennsylvania Historical and Museum
15 Commission to enter into an agreement for the administration
16 thereof by the King of Prussia Historical Society; and making an
17 appropriation."
18 Act of December 16, 1959 (P.L.1875, No.685), entitled "An act
19 authorizing the conveyance of Fort Necessity Park in Wharton
20 Township, Fayette County, to the government of the United States
21 of America for use as a National Park and with certain
22 reservations ceding jurisdiction over such lands."
23 Act of December 21, 1959 (P.L.1960, No.714), entitled "An act
24 authorizing the Department of Property and Supplies to acquire,
25 by gift, on behalf of the Pennsylvania Historical and Museum
26 Commission, the historic property known as the Tuscarora
27 Academy, and authorizing the Pennsylvania Historical and Museum
28 Commission to restore the same, and to enter into an agreement
29 with the Tuscarora Academy Preservation Commission, Inc., for
30 the management and maintenance of the same, and making an
19870H1731B3020 - 53 -
1 appropriation."
2 Act of July 26, 1961 (P.L.912, No.394), entitled "An act to
3 provide for the exchange of historical materials between
4 historical societies as herein defined."
5 Act of September 18, 1961 (P.L.1469, No.620), entitled "An
6 act authorizing the Pennsylvania Historical and Museum
7 Commission to acquire by gift on behalf of the Commonwealth
8 certain land located in the Borough of Cornwall, Lebanon
9 County."
10 Act of September 27, 1961 (P.L.1693, No.694), entitled "An
11 act making an appropriation to the Pennsylvania Historical and
12 Museum Commission for the repair and restoration of the Caleb
13 Pusey House subject to certain conditions."
14 Act of August 8, 1963 (P.L.617, No.325), entitled "An act
15 authorizing the Pennsylvania Historical and Museum Commission to
16 acquire by gift on behalf of the Commonwealth certain land
17 located in Cornplanter Township, Venango County."
18 Act of November 10, 1965 (P.L.717, No.344), entitled "An act
19 authorizing the Pennsylvania Historical and Museum Commission to
20 acquire by gift on behalf of the Commonwealth certain land
21 located in Upper Augusta Township, Northumberland County."
22 Act of December 8, 1965 (P.L.1056, No.404), entitled "An act
23 authorizing the Pennsylvania Historical and Museum Commission to
24 acquire by gift on behalf of the Commonwealth certain land
25 located in Whitemarsh Township, Montgomery County."
26 Act of January 24, 1966 (1965 P.L.1508, No.530), entitled "An
27 act directing the Pennsylvania Historical and Museum Commission
28 to assist in the construction of a replica of Fort Franklin,
29 Franklin, Pennsylvania; and making an appropriation to the
30 Pennsylvania Historical and Museum Commission for such
19870H1731B3020 - 54 -
1 assistance in cooperation with the Venango County Museum
2 Corporation."
3 Act of July 25, 1967 (P.L.182, No.53), entitled "An act
4 authorizing the Pennsylvania Historical and Museum Commission to
5 acquire by gift, on behalf of the Commonwealth, a tract of land
6 with a structure thereon known as Peace Church in Hampden
7 Township, Cumberland County."
8 Act of November 16, 1967 (P.L.494, No.241), entitled "An act
9 authorizing the Pennsylvania Historical and Museum Commission to
10 acquire by gift on behalf of the Commonwealth the real property
11 known as Chillisquaque School House in West Chillisquaque
12 Township, Northumberland County; and providing for its control,
13 management, supervision, restoration, improvement and
14 maintenance."
15 Act of November 27, 1967 (P.L.631, No.290), entitled "An act
16 authorizing the acceptance, as a gift, of the Bindnagles
17 Evangelical Lutheran Church in Lebanon County, North Londonderry
18 Township, to be administered by the Pennsylvania Historical and
19 Museum Commission."
20 Act of August 1, 1969 (P.L.206, No.83), entitled "An act
21 authorizing the Pennsylvania Historical and Museum Commission to
22 acquire, by gift on behalf of the Commonwealth, certain
23 properties related to development of historic sites and museums;
24 to manage, administer and develop the properties; and to provide
25 a research center for certain collections."
26 Act of March 2, 1970 (P.L.77, No.35), entitled "An act
27 authorizing the Pennsylvania Historical and Museum Commission to
28 edit and publish volume one of the Statutes at Large."
29 Act of November 25, 1970 (P.L.752, No.245), entitled "An act
30 authorizing and directing the Department of Property and
19870H1731B3020 - 55 -
1 Supplies, with the approval of the Governor and the Department
2 of Public Welfare to transfer the jurisdiction and control from
3 the Department of Public Welfare to the Pennsylvania Historical
4 and Museum Commission 5.49 acres of land, situate in Susquehanna
5 Township, Dauphin County, Pennsylvania."
6 Act of August 12, 1971 (P.L.309, No.76), entitled "An act
7 authorizing the Pennsylvania Historical and Museum Commission to
8 acquire by gift on behalf of the Commonwealth certain land
9 located in the City of Chester, Delaware County."
10 Act of November 8, 1971 (P.L.531, No.135), entitled "An act
11 authorizing the Pennsylvania Historical and Museum Commission on
12 behalf of the Commonwealth to acquire the historic John Brown
13 House in the Borough of Chambersburg, Franklin County."
14 Act of May 17, 1973 (P.L.29, No.14), entitled "An act
15 designating the Pennsylvania Lumber Museum at Denton Hill,
16 Potter County, Pennsylvania, as The James S. Berger Lumber
17 Museum."
18 Act of July 30, 1975 (P.L.102, No.53), entitled "An act
19 authorizing the Department of Property and Supplies, with the
20 approval of the Governor and the Historical and Museum
21 Commission, to transfer Valley Forge State Park to the United
22 States of America."
23 Act of June 23, 1978 (P.L.499, No.78), entitled "An act
24 authorizing the Pennsylvania Historical and Museum Commission,
25 with the approval of the Governor, to transfer certain Project
26 70 lands in Lancaster County in exchange for a parcel of land
27 belonging to the Fulton Township Supervisors."
28 Act of July 1, 1978 (P.L.565, No.98), entitled "An act
29 authorizing the Department of General Services, on behalf of the
30 Commonwealth to acquire certain land in the Borough of Cornwall,
19870H1731B3020 - 56 -
1 Lebanon County, Pennsylvania."
2 Act of November 22, 1978 (P.L.1160, No.273), known as the
3 Historic Preservation Act.
4 Act of December 13, 1979 (P.L.517, No.113), entitled "An act
5 authorizing and directing the Department of Justice, with the
6 approval of the Governor, to accept as partial payment, upon
7 maturity, of a certain Series D Serial Note of The Penn Central
8 Corporation, certain historic railroad engines, railroad cars
9 and associated railroad equipment of historical interest and
10 value, having an appraised value of $1,200,000 presently located
11 at the Railroad Museum of Pennsylvania in Strasburg,
12 Pennsylvania, and providing for the custody of such engines,
13 cars and equipment."
14 Act of June 12, 1981 (P.L.90, No.30), entitled "An act
15 authorizing the Department of General Services, on behalf of the
16 Commonwealth, to acquire by gift certain land in Fulton
17 Township, Lancaster County, Pennsylvania."
18 Act of June 12, 1981 (P.L.91, No.31), entitled "An act
19 authorizing the Department of General Services, on behalf of the
20 Commonwealth, to acquire by gift certain land in Falls Township,
21 Bucks County, Pennsylvania."
22 (b) All other acts and parts of acts are repealed insofar as
23 they are inconsistent with this act.
24 Section 6. This act shall take effect January 1, 1988, or <--
25 immediately, whichever is later.
26 SECTION 6. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
27 (1) SECTION 304(5) OF TITLE 37 SHALL TAKE EFFECT IN
28 THREE YEARS.
29 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
30 IMMEDIATELY.
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