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Cooperation by public officials with the commission - 37 Pa. Cons. Stat. § 507

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     § 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 permitted or contracted
        projects that may affect archaeological sites.
            (2)  Notify the commission when they become aware of any
        undertaking in connection with any Commonwealth or
        Commonwealth-assisted permitted or contracted project,
        activity or program which affects or may affect an
        archaeological site, and provide the commission with
        information concerning the project, program or activity.
        (b)  Survey or investigation by commission.--
            (1)  Upon a determination by the commission that any
        Commonwealth or Commonwealth-assisted permitted or contracted
        project may adversely affect an archaeological site, the
        commission may conduct or cause to be conducted through an
        agent, subcontractor or other person an archaeological survey
        only when the commission, based on recorded material
        evidence, determines that the site is a significant
        archaeological site. A written determination shall be made by
        the commission within 15 days of receipt of a notification by
        a Commonwealth agency under subsection (a), provided that
        until January 1, 1997, such written determination shall be
        made by the commission within 30 days of receipt of such
        notification.
            (2)  If an archaeological survey is determined necessary
        by the commission, it shall be completed within 60 days of
        the determination, except that the commission may notify the
        project applicant that an additional 30 days may be required
        when the determination is made during the months of December,
        January and February.
            (3)  No later than 15 days after completion of an
        archaeological survey and only in exceptional circumstances,
        the commission may determine in writing that an
        archaeological field investigation, also known as phase three
        archaeological research or data recovery, is necessary to
        recover archaeological data. The archaeological field
        investigation shall be completed within 90 days of the
        determination required under this paragraph, except that an
        additional 30 days may be required when the determination is
        made during the months of December, January and February.
            (4)  Failure of the commission to render a determination
        within the period allowed in either paragraph (1) or (3)
        shall be deemed to be a determination that a survey or
        investigation is not necessary. The failure of the commission
        to complete an archaeological survey or field investigation
        within the time limits specified in paragraphs (2) and (3)
        shall release the project applicant from any further duties
        under this title, unless the applicant agrees in writing to a
        specific time extension.
            (5)  The commission shall conduct or cause to be
        conducted through an agent, subcontractor or other person and
        pay any costs associated with an archaeological survey or
        field investigation determined necessary by the commission
        under this section, except for the following:
                (i)  Projects of other State agencies and
            instrumentalities.
                (ii)  Projects on Commonwealth lands.
                (iii)  Projects of publicly regulated utilities.
                (iv)  Archaeological surveys and field investigations
            required under Federal law.
            (6)  The commission shall pay the political subdivision's
        and municipal authority's share of any costs associated with
        any archaeological survey or field investigation conducted or
        required by the commission on locally owned highways and
        bridge projects if the project is being undertaken solely
        with State or local funds.
            (7)  The commission under no circumstances shall require,
        conduct or cause to be conducted through an agent,
        subcontractor or other person an archaeological survey or
        field investigation on private property without the consent
        of the property owner and only under the notice and deadline
        procedures established under this section.
            (8)  All determinations by the commission under this
        section shall be subject to the provisions of Title 2
        (relating to administrative law and procedure).
     (Nov. 28, 1995, P.L.647, No.70, eff. 60 days)

        Cross References.  Section 507 is referred to in section 508
     of this title.

Last modified: November 27, 2007