§ 5303. Purposes. (a) The General Assembly finds that: (1) Archaeological resources in or on state lands are an integral and irreplaceable part of the State’s heritage; (2) Archaeological resources are valued as nonrenewable resources that provide educational, scientific, social and economic benefits for all citizens; (3) These resources are increasingly endangered because of their […]
§ 5304. Definitions. (a) “Abandoned shipwreck” means any shipwreck to which title has been voluntarily given up by the owner or by the owner not taking action after a wreck incident to claim title. (b) “Archaeological investigation” means any surface collection, subsurface tests, excavation, or other activity that results in the disturbance or removal of […]
§ 5305. Authority to enhance, preserve and protect archaeological resources. (a) The title to all archaeological resources in or on State lands, including those in or on subaqueous lands, is hereby declared to be under the exclusive domain and control of the State. Further, as provided for under the Abandoned Shipwreck Act (Pub. L. 100-298; […]
§ 5306. Jurisdiction and inter-agency cooperation. (a) When an archaeological resource is located within the jurisdiction of another state agency, the Division shall coordinate the review and evaluation of permit applications issued pursuant to § 5309 of this title to ensure conformance with all applicable laws and regulations. (b) Any agency whose activities may affect […]
§ 5307. Restriction or closure of public access. (a) The Division may temporarily restrict or close public access to any archaeological resource and its surrounding location or context in or on State lands, including subaqueous lands, and including public beaches notwithstanding the jurisdictional provisions of § 6803 of this title, whenever: (1) In the judgment […]
§ 5308. Permit required. No person may excavate, collect, salvage, recover, remove, damage, or otherwise alter or deface any archaeological resource or its surrounding location or context, located in or on state lands, including subaqueous lands, without first having obtained a permit from the Division. 39 Del. Laws, c. 11, § 2; 7 Del. C. […]
§ 5309. Permit application. (a) Any qualified person may apply to the Division for a permit to conduct archaeological investigations on state lands. The application must contain information that the Division considers necessary, including information concerning the time, scope, location, specific purpose of the proposed work, and proposed disposition of recovered materials and associated records. […]
§ 5310. Qualified repositories. The University of Delaware and the Division of Historical and Cultural Affairs are designated as properly qualified repositories within the meaning of this chapter. 39 Del. Laws, c. 11, § 2; 48 Del. Laws, c. 219, § 1; 7 Del. C. 1953, § 5303; 64 Del. Laws, c. 138, § 7; […]
§ 5311. Repository of artifacts or material remains. All artifacts or material remains found in or on state lands, including subaqueous lands, and related records resulting from research, surveys and excavation conducted under a permit must be deposited for permanent preservation in either the University of Delaware Department of Anthropology or the Division of Historical […]
§ 5312. Prohibited acts, criminal and civil penalties. (a) A person may not excavate, collect, salvage, recover, remove, damage, or otherwise alter or deface any archaeological resource, or its surrounding location or context, located on State lands, including subaqueous lands, unless such activity is pursuant to a permit issued under § 5309 of this title. […]
§ 5313. Exemptions. (a) The provisions of §§ 5308, 5309, and 5312(c) of this title do not apply to activities of State agencies which are: (1) Already subject to federal laws or regulations relating to archaeological resources, or (2) Not intended as archaeological activities, such as, but not limited to, surveying, environmental remediation, soil testing, […]
§ 5314. Confidentiality. If the Director has reason to believe that disclosure of the exact location or nature of an archaeological resource would lead to vandalism, pilferage, damage, or otherwise pose a risk of harm to the resource or to the site at which the resource is located, regardless of ownership of the property, the […]
§ 5315. Cooperation with private individuals. (a) The Division shall take any action necessary and consistent with the purposes of the chapter to foster and improve the communication, cooperation, and exchange of information between the Division and: (1) Private individuals having collections of archaeological resources and data which were obtained through legal means; (2) Professional […]
§ 5316. Shipwreck Management Program. The Division may establish a Shipwreck Management Program, in cooperation with other state and federal agencies experienced in the management of subaqueous lands and resources, to encourage the identification, protection, and, where appropriate, the recovery and disposition of abandoned shipwrecks embedded in or located on state-owned or state-controlled subaqueous lands. […]
