37 Pa.C.S. § 101
Short title of title
This title shall be known and may be cited as the History Code.
Pennsylvania Consolidated Statutes Title 37 — HISTORICAL AND MUSEUMS
Pennsylvania · statute · 37 Pa.C.S. · 36 active provisions
Provisions
37 Pa.C.S. § 102
Declaration of policy
It is hereby determined and declared as a matter of legislative finding and policy that: (1) Section 27 of Article I of the Constitution of Pennsylvania makes the Commonwealth trustee for the preservation of the historic values of the environment. (2) The conservation of Pennsylvania's historic and natural heritage and…
37 Pa.C.S. § 103
Definitions
Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Archaeological fiel…
37 Pa.C.S. § 104
Pennsylvania Historical and Museum Commission
(a) Membership.--The Pennsylvania Historical and Museum Commission shall consist of the Secretary of Education, or his designee; nine residents of this Commonwealth appointed by the Governor with the advice and consent of a majority of the members elected to the Senate; and four members of the General Assembly, or thei…
37 Pa.C.S. § 301
General powers and duties
The commission shall have the power and duty to: (1) Serve as the official agency of the Commonwealth for the conservation of Pennsylvania's cultural heritage. (2) Preserve public records, historical documents and objects of historical interest, possession and control of which have been transferred to the commission. (…
37 Pa.C.S. § 302
Specific powers and duties
The commission shall have the power and duty to: (1) Pecuniary gifts.--Accept, on behalf of the Commonwealth, gifts and bequests, including securities, for the endowment of its work in accordance with the instructions of the donors and in conjunction with the Governor and State Treasurer, who shall, together with the m…
37 Pa.C.S. § 303
Sites
The commission shall have the power and duty to: (1) Museums and historic sites.--Control, direct, supervise, manage and annually inspect the State Museum and those field or regional museums and historic sites authorized or created by statute; conduct continuing studies for the improvement of museum activity; and opera…
37 Pa.C.S. § 304
Personal property
The commission shall have the power and duty to: (1) Historical artifacts.--Acquire or accept on behalf of the Commonwealth through gifts or bequests, objects or other articles of historical, archaeological, maritime, natural or geological interest which shall be deposited in the State Museum or, at the discretion of t…
37 Pa.C.S. § 305
Documents
The commission shall have the power and duty to: (1) Research on Commonwealth documents.--Examine and copy or microfilm any public records within the control of a Commonwealth agency for the purposes of historical research. (1.1) Administer the State Archives.--Oversee and administer the State Archives, which shall be…
37 Pa.C.S. § 305.1
Commonwealth archival records
(a) Statement of policy.--It is the policy of the Commonwealth that Commonwealth records belong to the citizens of this Commonwealth. (b) Sale or transfer of Commonwealth archival records prohibited.-- (1) A person may not sell, transfer or otherwise alienate a Commonwealth archival record unless specifically authorize…
37 Pa.C.S. § 305.2
Local government archival records
(a) General rule.--If a local government agency has reasonable grounds to believe that a local government archival record is in the possession of a person, organization, institution or other entity not authorized by the local government agency to possess the record, the local government agency may request the commissio…
37 Pa.C.S. § 305.3
Access to older public records
(a) Access.--Any provision of law that exempts from public disclosure an item in the custody of the State Archives shall not apply after the item becomes at least 75 years old, irrespective of: (1) The origin of the item. (2) The manner in which it was deposited with the State Archives. (3) Any other condition or circu…
37 Pa.C.S. § 306
Publications and reproductions
The commission shall have the power and duty to: (1) General.--Publish or republish, either through the Department of General Services or cooperatively by and with private historical organizations, materials of historical or archaeological interest; compile, edit and print these publications; enter into agreements with…
37 Pa.C.S. § 307
Qualified historical and archaeological societies
Any historical or archaeological society in this Commonwealth shall be deemed to be a qualified historical or archaeological society if it: (1) Has at least 100 paid members, has been organized at least two years and has been incorporated as a corporation not-for-profit. (2) Holds at least one public meeting annually a…
37 Pa.C.S. § 501
Short title of chapter
This chapter shall be known and may be cited as the Historic Preservation Act.
37 Pa.C.S. § 502
Powers and duties of commission
In addition to the powers and duties provided in Chapter 3 (relating to powers and duties of Pennsylvania Historical and Museum Commission), the commission shall have the power and duty to: (1) Initiate and coordinate a Statewide survey to identify and document the historic resources in this Commonwealth, whether publi…
37 Pa.C.S. § 503
Inclusion of property on register
The owner of private property of historic, architectural or archaeological significance, or a majority of the owners of private properties within a proposed historic district, shall be given the opportunity to concur in, or object to, the nomination of the property or proposed district for inclusion on the Pennsylvania…
37 Pa.C.S. § 504
Historic Preservation Board
(a) Membership.--The board shall be composed of no less than nine residents designated by the commission, pursuant to recommendations by the executive director with the approval of the Governor. The board shall include at least one member with demonstrated competence in each of the following disciplines: architecture,…
37 Pa.C.S. § 505
Powers and duties of board
The Historic Preservation Board shall have the power and duty to: (1) Advise the commission on criteria of significance for inclusion of historic resources on the Pennsylvania Register of Historic Places. (2) Review and recommend nominations of historic resources to the National Register of Historic Places. (3) Review…
37 Pa.C.S. § 506
Archaeological field investigations on Commonwealth land
(a) Right to conduct field investigations.--The Commonwealth reserves the exclusive right to conduct archaeological field investigations on archaeological resources owned or controlled by it, in order to protect and preserve archaeological specimens and information. The specimens and information shall remain the proper…
37 Pa.C.S. § 507
Cooperation by public officials with the commission
(a) General rule.--Commonwealth agencies, political subdivisions and municipal authorities shall cooperate fully with the commission in the preservation, protection and investigation of archaeological resources and to that end shall: (1) Notify the commission before undertaking any Commonwealth or Commonwealth-assisted…
37 Pa.C.S. § 508
Interagency cooperation
(a) Responsibilities of Commonwealth agencies.--Commonwealth agencies shall: (1) Consult the commission before demolishing, altering or transferring any property under their ownership or control that is or may be of historical, architectural or archaeological significance. (2) Seek the advice of the commission on possi…
37 Pa.C.S. § 509
Transfer of Commonwealth land involving historic resources
Commonwealth agencies shall give the commission timely notice of proposed transfers of real property owned or controlled by the Commonwealth. Upon recommendation of the commission, Commonwealth agencies may condition the transfer and may execute covenants, deed restrictions or other contractual arrangements which will…
37 Pa.C.S. § 510
Approval of construction affecting historic resources
The commission shall be consulted on the design and proposed location of any project, building or other undertaking financed in whole or in part by Commonwealth funds which may affect the preservation and development of a district, site or building listed on or eligible for the Pennsylvania Register of Historic Places.
37 Pa.C.S. § 511
Criminal penalties
A person who conducts a field investigation on any land or submerged land owned or controlled by the Commonwealth, without first obtaining a permit from the commission, or a person who appropriates, defaces, destroys or otherwise alters any archaeological site or specimen located upon lands owned or controlled by the C…
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