§ 6101. Definitions. This chapter shall apply to all lands located within the boundaries of this State, except that sections relating to fees, royalties or rights to lease shall be applicable only to lands owned by this State. Unless the context requires otherwise: (1) “Filled lands” includes tide and submerged lands reclaimed artificially through raising […]
§ 6102. Jurisdiction to lease. (a) The Secretary and the Governor have exclusive jurisdiction to lease for mineral exploration and exploitation all ungranted submerged tidelands owned by this State, whether within or beyond the boundaries of this State, acquired by this State before or after July 1, 1966: (1) By quitclaim, cession, grant, contract or […]
§ 6103. Surveys. (a) The Secretary, upon application by any person, may permit geological, geophysical and seismic surveys, including the taking of cores and other samples, or the tide and submerged lands of this State. Such permits shall be nonexclusive and shall not give any preferential rights to any oil, gas and sulphur or other […]
§ 6104. Permits for surveys. (a) Upon compliance of an applicant with § 6103 of this title, the Secretary may issue to the applicant a permit to conduct a geological, geophysical and seismic survey, including the taking of cores and other samples, in areas of the tide and submerged lands of this State described on […]
§ 6105. Filing of records of drilling; confidential nature of records. (a) Records of drilling conducted by a permittee under § 6104 of this title shall be retained by the permittee and be made available to the Secretary and the State Geologist upon their request. Any such records which the permittee is required to make […]
§ 6106. Unlawful disclosure of information; penalties; jurisdiction of offenses. (a) The Secretary, or any person performing any function or work assigned to him or her by the Secretary, shall not disclose to any person who is not an employee of the Secretary or to any person who is not performing any function or work […]
§ 6107. Public hearings; notice. (a) Before offering tide and submerged lands for leasing under this chapter, or whenever any person files a written application with the Secretary requesting that lands be offered for leasing under this chapter, accompanying the same with the required fee, the Secretary shall hold a public hearing as provided in […]
§ 6108. Determination of whether lease is in the public interest. After the public hearing the Secretary shall determine whether an invitation for bidding to lease the area under consideration would be in the public interest. In such determination the Secretary shall consider whether a lease or leases of the area under consideration would: (1) […]
§ 6109. Maximum area. The maximum area which shall be included in any single lease to any person shall be 6 square miles or 3,840 acres. 7 Del. C. 1953, § 6409; 55 Del. Laws, c. 442, § 1; 59 Del. Laws, c. 212, § 1;
§ 6110. Form of lease or permit. (a) The language of §§ 6111 and 6117 of this title shall be incorporated substantially into every lease. (b) The language of § 6113 of this title shall be incorporated substantially into every permit. (c) Every lease, and every permit, shall contain those provisions selected by the Secretary […]
§ 6111. Exclusive right to drill and remove minerals. The lease shall grant the exclusive right to drill for and produce all oil, gas, sulphur and other mineral deposits in the leased land and be for a primary term of 10 years and for so long thereafter as oil, gas, sulphur or other minerals are […]
§ 6112. Royalty. The Secretary shall specify in the notice described by § 6107 of this title and in the lease the rate of royalty paid under such lease which royalty shall not be less than 121/2 percent of gross production, or the value thereof, produced and saved from the leased lands and not used […]
§ 6113. Lien on production. The State shall have alien upon all production for unpaid royalties. 7 Del. C. 1953, § 6413; 55 Del. Laws, c. 442, § 1; 59 Del. Laws, c. 212, § 1;
§ 6114. Rental for leased land. The Secretary shall specify a rental payable annually in advance of not less than $0.25 for each acre of land subject to the lease at the rental date. After production has been established, rent paid shall be deducted from any royalty due under the terms of a lease during […]
§ 6115. Bonds. Sufficient bonding or insurance requirements, as determined by the Secretary shall be specified to secure to the State performance and the faithful compliance by the lessee with the terms of the lease, and further to secure adjacent landowners and the public generally as to all proper claims for damages arising from operations […]
§ 6116. Cessation of production. In the event production on the leasehold shall cease at any time or from time to time, after the expiration of the primary term of the lease, the lease shall nevertheless continue in full force and effect if the lessee shall, within 6 months after the cessation of production or […]
§ 6117. Slant and adjacent drilling. Unless otherwise determined by the Secretary, each well drilled pursuant to the terms of the lease may be drilled or slant drilled to and into the subsurface of the tide or submerged lands covered by the lease from upland or littoral drill sites owned or controlled by the State […]
§ 6118. Restoration of visible lands to original condition. Upon any partial or total termination, surrender or forfeiture of its permit or lease, the Secretary may require that the permittee or lessee, within a reasonable time, restore that portion of the premises that is visible at extreme low tide, to substantially its original condition. 7 […]
§ 6119. Pollution and contamination prohibited. (a) Avoidable pollution or avoidable contamination of the ocean and of the waters covering submerged lands, avoidable pollution or avoidable contamination of the beaches or land underlying the ocean or waters covering submerged lands, or any substantial impairment of and interference with the enjoyment and use thereof, including but […]
§ 6120. Extension of lease where permits required. If the lessee, as disclosed by information submitted with his or her bid, proposes to drill 1 or more wells from filled lands, whether contiguous or noncontiguous to the littoral lands or uplands, or from any pier or from platforms or other fixed or floating structures to […]
