Pennsylvania § 506 - Archaeological field investigations on Commonwealth land.

§ 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).

References in Text. The act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in subsec. (c), was repealed by the act of Feb. 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.