§ 5401. Purpose.
§ 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.
§ 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.
§ 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. […]
§ 5304. Definitions.
§ 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 […]
§ 5404. Discovery of remains and notification of authorities.
§ 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, […]
§ 5305. Authority to enhance, preserve and protect archaeological resources.
§ 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; […]
§ 5405. Jurisdiction over remains.
§ 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 […]
§ 5306. Jurisdiction and inter-agency cooperation.
§ 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 […]
§ 5406. Archaeological investigation of human skeletal remains.
§ 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. […]
§ 5307. Restriction or closure of public access.
§ 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 […]