H.P. 1184 - L.D. 1694
Resolve, to Direct the Maine State Museum and the Maine Historic Preservation Commission to Include, Consult and Involve Local Historical Societies and Affected Municipalities in the Recovery and Local Display of Certain Revolutionary War Artifacts
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Revolutionary War vessels of potential historical significance are submerged in the Penobscot River near the cities of Brewer and Bangor and other municipalities located along the shores of the Penobscot River; and
Whereas, salvage of those vessels will contribute to the historical record of the State and an understanding of important events in the formation of our nation; and
Whereas, the possibility exists that private or public dredging of the Penobscot River in the area where the vessels are submerged may occur in the future in order to ensure unimpeded passage of vessels on the river; and
Whereas, the Maine State Museum and the Maine Historic Preservation Commission are charged with ensuring the proper recovery, restoration and preservation of archaeological artifacts under the Maine Revised Statutes, Title 27, chapter 2; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Maine Historic Preservation Commission and the Maine State Museum directed to include, consult and involve local historical societies and affected municipalities in the recovery and local display of certain Revolutionary War artifacts. Resolved: That the Maine Historic Preservation Commission and the Maine State Museum are directed to consult with and to involve the historical societies of the City of Brewer and the City of Bangor and other historical societies, or municipal officers or their designees of municipalities located along the Penobscot River, in the development of plans to study the Penobscot Expedition shipwrecks prior to any public or private dredging of the Penobscot River. The study must include mechanisms to ensure that:
1. The artifacts are properly recovered and conserved in accordance with state and federal law;
2. The artifacts, once recovered and restored, are displayed for the benefit of the public in one or more appropriate local repositories; and
3. Both public and private funding of the recovery, restoration and local display of the artifacts are encouraged. Funding sources may include, but are not limited to, local government, State Government, Federal Government or private sector funds; and be it further
Sec. 2. State required to retain archaeological preservation and protection responsibilities. Resolved: That nothing in this resolve authorizes the State, through the Maine State Museum or the Maine Historic Preservation Commission, to transfer or surrender its responsibilities to preserve and protect archaeological sites under the Maine Revised Statutes, Title 27, chapter 13, subchapter II.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective May 21, 1999.
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