Court Opinions

State Laws

US Code

US Constitution

Archaeological field investigations on Commonwealth land - 37 Pa. Cons. Stat. § 506

Legal Research Home > Pennsylvania Statutes

     § 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
     property of the Commonwealth and shall be utilized for
     scientific and public educational purposes.
        (b)  Responsibility of commission.--The commission shall be
     responsible for the preservation, protection and proper
     investigation of archaeological resources located on land owned
     or controlled by the Commonwealth, including any submerged land
     owned or controlled by the Commonwealth.
        (c)  Survey of archaeological resources.--The commission
     shall conduct surveys and prepare maps of archaeological
     resources located on lands in this Commonwealth and may make
     available the results of these surveys to the Federal
     Government, Commonwealth agencies and political subdivisions
     conducting activities which would affect these archaeological
     resources. The commission shall have and maintain proprietary
     rights over the maps and surveys indicating the location of
     archaeological resources or archaeological field investigations
     that have been inventoried or surveyed. These maps and surveys
     are excluded from the provisions of the act of June 21, 1957
     (P.L.390, No.212), referred to as the Right-to-Know Law. The
     commission shall make available in writing, within 30 days of a
     request, site location information based on recorded material
     evidence of the commission to Commonwealth agencies, political
     subdivisions, owners of the site, potential buyers of the site
     and agents of the site owner with a demonstrated need to know.
     The failure of the commission to provide this written response
     shall release the requestor from any further duties under this
     act.
        (d)  Permits for field investigations.--The commission may
     issue permits for archaeological field investigations, subject
     to any restraints and conditions it prescribes, if the
     investigation is undertaken with the purpose of disseminating
     the knowledge gained and if the applicant agrees to submit to
     the commission a summary written report of the investigation,
     containing relevant maps, documents, drawings and photographs.
     All archaeological specimens collected pursuant to a permit
     issued under this subsection shall be the exclusive property of
     the Commonwealth, and the commission shall make appropriate
     arrangements for their disposition and study.
     (Nov. 28, 1995, P.L.647, No.70, eff. 60 days)

        1995 Amendment.  Act 70 amended subsec. (c).

Last modified: November 27, 2007