§ 5401. Purpose. The purposes of this chapter are: (1) To help provide adequate protection for unmarked human burials and human skeletal remains found anywhere within the State, including subaqueous lands, but excluding those found anywhere on federal land. (2) To provide adequate protection for unmarked human burials and human skeletal remains not within the […]
§ 5402. Definitions. As used in this chapter: (1) “Committee” means a body of stakeholders that inform the treatment and disposition of unmarked human burials and skeletal remains: a. When burials or remains are determined to be Native American, the Committee shall be chaired by the Director or the Director’s designee, and consist of the […]
§ 5403. Avoidance, protection, and preservation of remains. All persons are encouraged to undertake due diligence to identify, demarcate, and preserve in situ, unmarked human burials to avoid encountering skeletal remains; and to share information with the Division of Historical and Cultural Affairs, including reports or studies undertaken for these purposes. 83 Del. Laws, c. […]
§ 5404. Discovery of remains and notification of authorities. (a) Any person knowing or having reasonable grounds to believe that unmarked human burials or human skeletal remains are being encountered shall notify immediately the Medical Examiner or the Director. (b) When any person encounters unmarked burials or human skeletal remains as a result of construction, […]
§ 5405. Jurisdiction over remains. (a) Subsequent to notification of the discovery of an unmarked human burial or human skeletal remains, the Medical Examiner shall certify in writing to the Director, as soon as possible, whether the remains come under the Medical Examiner’s jurisdiction. (b) If the Medical Examiner determines that the remains come under […]
§ 5406. Archaeological investigation of human skeletal remains. All excavations not under the jurisdiction of the Medical Examiner shall be either conducted by, or under the supervision of, a professional archaeologist and shall be subject to permission from the landowner. All permissible excavations shall be conducted in accordance with the regulations promulgated for this chapter. […]
§ 5407. Consultation, analysis, and disposition. (a) The Director shall notify the Committee of all skeletal remains determined to be Native American within 5 days of learning of the discovery of human burials or skeletal remains pursuant to § 5404 of this title. The Director shall provide the Committee with a written plan for the […]
§ 5408. Prohibited acts. No person, unless acting pursuant to Chapter 47 of Title 29, shall: (1) Knowingly acquire any human skeletal remains removed from unmarked burials in Delaware, except in accordance with this chapter. (2) Knowingly sell any human skeletal remains acquired from unmarked burials in Delaware. (3) Knowingly exhibit human skeletal remains. (4) […]
§ 5409. Exceptions. (a) Human skeletal remains acquired from commercial biological supply houses or through medical means are not subject to this chapter. (b) Human skeletal remains determined to be within the jurisdiction of the Medical Examiner are not subject to the prohibitions contained in this chapter. (c) Human skeletal remains acquired through archaeological excavations […]
§ 5410. Criminal penalties. Any person who violates § 5408 of this title shall upon conviction be sentenced to pay a fine of not less than $1,000 nor more than $10,000 or be imprisoned not more than 2 years or both. The Superior Court shall have jurisdiction of offenses under this chapter. 66 Del. Laws, […]
§ 5411. Rules, regulations, standards, and guidelines. The Division of Historical and Cultural Affairs may, with the approval of the Department of State, formulate and adopt such rules, regulations, standards, and guidelines as it considers necessary for the effective execution of its purposes under this chapter. 75 Del. Laws, c. 153, § 10; 83 Del. […]
