HISTORIC PRESERVATION ACT - REPEALED — 1978 Pa. Act 273 (historical enacted text)

Historical Act text

PRIOR PRINTER'S NO. 1472 PRINTER'S NO. 3398
INTRODUCED BY MESSRS. MORRIS, J. L. WRIGHT JR., LAUDADIO, WARGO,
GALLAGHER, GREENFIELD, RIEGER, SCHMITT, COLE, GEISLER,
DiCARLO, GARZIA, MRS.KELLY, MESSRS. FEE, DeMEDIO, MANDERINO,
GOODMAN, STUBAN, MRS. WISE, MESSRS. SWEET, GIAMMARCO, McCALL,
ZWIKL, CALTAGIRONE, ZITTERMAN, MILLIRON, LETTERMAN, STEWART,
BITTINGER, LIVENGOOD, D. R. WRIGHT, DeWEESE, BURNS, WEIDNER,
WILSON AND REED, JUNE 7, 1977
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 13, 1978
AN ACT
1 Imposing powers and duties on the Pennsylvania Historical and
2 Museum Commission with respect to historical preservation;
3 establishing the Historic Preservation Board and prescribing
4 its powers and duties; providing for archeological field
5 investigations on public land; requiring notice before
6 certain property can be transferred; providing for inter-
7 agency cooperation and providing penalties.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the "Historic
12 Preservation Act."
13 Section 2. Findings and declaration of policy.
14 It is hereby determined and declared as a matter of
15 legislative finding and policy that:
16 (1) Section 27 of Article I of the Constitution of
17 Pennsylvania makes the Commonwealth trustee for the
1 preservation of the historic values of the environment.
2 (2) The conservation of Pennsylvania's historic heritage
3 and the preservation of public records, historic documents
4 and objects of historic interest, and the identification,
5 restoration and preservation of architecturally and
6 historically significant sites and structures are duties
7 vested primarily in the Pennsylvania Historical and Museum
8 Commission.
9 (3) The irreplaceable historical, architectural,
10 archeological and cultural heritage of the Commonwealth
11 should be preserved and protected for the benefit of all of
12 the people, including future generations.
13 (4) The preservation and protection of historic
14 resources within the Commonwealth promotes the public health,
15 prosperity and general welfare.
16 (5) The rapid social and economic development of our
17 contemporary society threatens to destroy the remaining
18 vestiges of our historic heritage.
19 (6) It is in the public interest for the Commonwealth,
20 its citizens and its political subdivisions to engage in
21 comprehensive programs of historic preservation for the
22 enjoyment, education and inspiration of all the people,
23 including future generations.
24 Section 3. Definitions.
25 The following words and phrases when used in this act shall
26 have, unless the context clearly indicates otherwise, the
27 meanings given to them in this section:
28 "Archeological field investigation." The study of human
29 culture at any archeological site by means of surveying,
30 digging, sampling, excavation or removing archeological
19770H1249B3398 - 2 -
1 specimens.
2 "Archeological specimens." All artifacts, remains, objects
3 or any other evidence of historic, prehistoric, or
4 anthropological value, whether found above or below the surface
5 of the earth.
6 "Commission." The Pennsylvania Historical and Museum
7 Commission.
8 "Historic preservation." The research, restoration,
9 rehabilitation and other activities furthering the protection,
10 enhancement, continued existence or enjoyment of historic
11 resources.
12 "Historic resources." Any building, structure, object,
13 district, place, site or area significant in the history,
14 architecture, archeology or culture of the Commonwealth, its
15 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, archeology or
19 culture of the Commonwealth, its communities or the Nation.
20 "Private organizations." Any organization constituted to
21 engage in historic preservation.
22 "Public officials." Officers, agents and employees of the
23 Federal Government, Commonwealth of Pennsylvania, its counties,
24 townships, municipalities and other political subdivisions.
25 Section 4. The Pennsylvania Historical and Museum Commission.
26 The commission shall be the agency primarily responsible for
27 the initiation, encouragement, support and coordination of
28 historic preservation efforts in the Commonwealth.
29 Section 5. Powers and duties of the commission.
30 (A) The commission shall have the following powers and <--
19770H1249B3398 - 3 -
1 duties:
2 (1) Initiate and coordinate a Statewide survey to
3 identify and document the historic resources in the
4 Commonwealth, whether publicly or privately owned.
5 (2) Compile, maintain, continually revise and publish a
6 selected inventory of significant historic resources in the
7 Commonwealth, to be known as the Pennsylvania Register of
8 Historic Places, pursuant to a criteria of significance
9 approved by the commission.
10 (3) Conduct research and compile documentation regarding
11 historic resources.
12 (4) Prepare a comprehensive plan for the preservation of
13 the historic resources within the Commonwealth, including
14 suggested priorities for the allocation of public and private
15 financial resources.
16 (5) Undertake the activities necessary to qualify the
17 Commonwealth for participation in programs and sources of
18 Federal assistance for historic preservation purposes.
19 (6) Provide information and advice on historic resources
20 and historic preservation to public officials, private
21 individuals and organizations.
22 (7) Advise public officials regarding the planning and
23 implementation of undertakings affecting historic resources, <--
24 including overall land-use planning.
25 (8) Provide technical and financial assistance to public
26 officials, private individuals and organizations engaged in
27 historic preservation activities.
28 (9) Undertake activities to stimulate public interest in
29 historic preservation, including publications, newsletters
30 and conferences.
19770H1249B3398 - 4 -
1 (10) Coordinate and comment upon activities of public
2 officials affecting historic resources and preservation
3 activities.
4 (11) Solicit, receive and utilize funds from any public
5 or private source for historic preservation purposes.
6 (12) Acquire easements in historic resources and
7 associated properties by gift, purchase, devise, bequest or
8 any other lawful transfer when acquisition is necessary for
9 the preservation of the historic resource.
10 (13) Rent or lease historic resources and associated
11 properties for historic preservation purposes.
12 (14) Contract with public officials, agents or other
13 states, private individuals and organizations for historic
14 preservation purposes.
15 (15) Develop a comprehensive plan and program for the
16 protection and investigation of archeological resources
17 within the Commonwealth.
18 (16) Issue appropriate regulations for the
19 implementation of this section.
20 (B) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ACT, A <--
21 HISTORICAL RESOURCE SHALL BE PLACED ON THE PENNSYLVANIA REGISTER
22 OF HISTORIC PLACES ONLY WITH THE APPROVAL OF THE OWNER.
23 Section 6. Historic Preservation Board.
24 There is hereby established a Historic Preservation Board,
25 composed of no less than nine citizens designated by the
26 commission, pursuant to recommendations by the State Historic
27 Preservation Officer. The membership shall include at least one
28 member with demonstrated competence in each of the following
29 disciplines: architecture, archeology, architectural history
30 and, history AND HISTORIC PRESERVATION. <--
19770H1249B3398 - 5 -
1 Section 7. Powers and duties of the Historic Preservation Board.
2 The Historic Preservation Board shall have the following
3 powers and duties:
4 (1) Advise the commission on criteria of significance
5 for inclusion of historic resources in the Pennsylvania
6 Register of Historic Places.
7 (2) Review and recommend nominations of historic
8 resources within the Commonwealth to the National Register of
9 Historic Places.
10 (3) Review and comment upon the commission's
11 comprehensive preservation plan for historic resources within
12 the Commonwealth.
13 (4) Undertake such other activities determined by the
14 commission to be necessary or desirable for the preservation
15 of historic resources within the Commonwealth.
16 Section 8. Term and compensation of Historic Preservation Board
17 members.
18 Members of the State Historic Preservation Board shall serve
19 for a term of two years without compensation, other than
20 reimbursement for actual and necessary expenses incurred in the
21 performance of their duties.
22 Section 9. Archeological field investigation on public land.
23 (a) The Commonwealth reserves to itself the exclusive right
24 to conduct archeological field investigations on archeological
25 sites owned or controlled by it, its agencies, departments and
26 institutions in order to protect and preserve archeological
27 specimens and information, which shall remain the property of
28 the Commonwealth and shall be utilized for scientific and public
29 educational purposes.
30 (b) The commission shall be the agency responsible for the
19770H1249B3398 - 6 -
1 preservation, protection and proper investigation of
2 archeological sites located on land owned or controlled by the
3 Commonwealth's agencies, departments and institutions.
4 (c) The commission shall conduct a survey of archeological
5 sites located within the Commonwealth, and may make available
6 the results of such a survey to all agencies of the Commonwealth
7 and its political subdivisions that, in the opinion of the
8 commission, may conduct activities which would affect such
9 archeological sites.
10 (d) The commission may issue permits for archeological field
11 investigations, subject to such restraints and conditions as it
12 may prescribe; provided that such activity is undertaken with a
13 view toward disseminating the knowledge gained through such
14 undertakings; and provided that a summary written report of such
15 undertakings, containing relevant maps, documents, drawings, and
16 photographs be submitted to the commission; and further provided
17 that all archeological specimens collected pursuant to such
18 permit shall be the exclusive property of the Commonwealth,
19 which through the commission shall make appropriate arrangements
20 for their appreciation and study.
21 Section 10. Cooperation with the commission.
22 All public officials shall cooperate fully with the
23 commission in the preservation, protection and investigation of
24 archeological sites and to that end:
25 (1) Notify the commission before undertaking any
26 Commonwealth, Commonwealth assisted, licensed or contracted
27 project that may affect archeological sites.
28 (2) When any public official is aware that any
29 undertaking in connection with any Commonwealth, Commonwealth
30 assisted, Commonwealth licensed or contracted project,
19770H1249B3398 - 7 -
1 activity or program affects or may affect archeological
2 sites, the official shall notify the commission and shall
3 provide the commission with information concerning the
4 project, program or activity. The provision of this section
5 shall be known to all contractors and other agents whose
6 activities may affect archeological sites.
7 (3) The commission, upon notification or determination
8 that archeological sites are or may be adversely affected,
9 may within 60 days after reasonable notice to the responsible
10 public official conduct or cause to be conducted a survey or
11 other investigations to recover, preserve or otherwise
12 protect information from the archeological site.
13 Section 11. Criminal penalties.
14 Any person who shall conduct field investigation activities
15 on any land owned or controlled by the Commonwealth, without
16 first obtaining a permit therefore from the commission or any
17 person who shall appropriate, deface, destroy or otherwise alter
18 any archeological site or specimen located upon lands owned or
19 controlled by the Commonwealth, except in the course of
20 activities pursued under the authority of a permit granted by
21 the commission, shall be guilty of a misdemeanor punishable by a
22 fine not exceeding $500 or by imprisonment for a period not to
23 exceed six months or both, and in addition, shall forfeit to the
24 Commonwealth all archeological specimens, collected or excavated
25 together with any photographs and records relating to such
26 specimens.
27 Section 12. Transfer of Commonwealth owned land involving
28 historic resources.
29 (a) The Commonwealth, its agencies, departments, bureaus,
30 instrumentalities, officials, agents or employees shall give the
19770H1249B3398 - 8 -
1 commission timely notice of proposed transfers of Commonwealth
2 owned or controlled real property under their jurisdiction.
3 (b) The Commonwealth, its agencies, departments, bureaus,
4 instrumentalities, officials, agents or employees may, upon
5 recommendation of the commission, condition the transfer and may
6 execute such covenants, deed restrictions or other contractural
7 arrangements as will most likely result in the preservation of
8 any historic resources located on or under the property to be
9 transferred.
10 Section 13. Inter-agency cooperation.
11 All agencies, departments, bureaus, commissions,
12 instrumentalities, agents and employees of the Commonwealth
13 shall:
14 (1) Consult the commission before demolishing, altering
15 or transferring any property under their jurisdiction that is
16 or may be of historical, architectural, archeological or
17 cultural significance.
18 (2) Seek the advice of the commission on possible
19 alternatives to the demolition, alteration or transfer of
20 property under their jurisdiction that is on or may be
21 eligible for the Pennsylvania Register of Historic Places.
22 (3) Initiate measures and procedures to provide for the
23 maintenance, through preservation, rehabilitation or
24 restoration, of historic resources under their ownership or
25 control that are listed on or are eligible for the
26 Pennsylvania Register of Historic Places.
27 (4) Institute procedures and policies to assure that
28 their plans, programs, codes, regulations and activities
29 contribute to the preservation and enhancement of all
30 historic resources in the Commonwealth.
19770H1249B3398 - 9 -
1 (5) Submit the procedures and policies described in
2 paragraphs (2) and (3) to the commission for review and
3 comment.
4 Section 14. Enforcement of historic preservation laws and
5 policies.
6 The Attorney General, the commission, any political
7 subdivision of the Commonwealth, any person, partnership,
8 corporation, association or other legal entity may maintain an
9 action in any administrative tribunal or court of competent
10 jurisdiction for the protection or preservation of any historic
11 resource in the Commonwealth.
12 Section 15. Constitutional construction.
13 The provisions of this act shall be severable and, if any of
14 the provisions thereof shall be held unconstitutional, such
15 decisions shall not affect the validity of any of the remaining
16 provisions of this act. It is hereby declared as the legislative
17 intent that this act would have been adopted has such
18 unconstitutional provisions not been included therein.
19 Section 16. Effective date.
20 This act shall take effect immediately.
E2L54RW/19770H1249B3398 - 10 -