Pennsylvania § 507 - Cooperation by public officials with the commission.

§ 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.