2023 Delaware Code › Title 7 - Conservation › Chapter 53. ARCHAEOLOGICAL RESOURCES IN THE STATE › Subchapter II. Archaeological Resources in or on State Lands › § 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 archaeological resources.
(c) “Archaeological resource” means any artifact or material remains of past human life or activities which are at least 50 years old and are of archaeological interest, including but not limited to pottery, basketry, whole or fragmentary tools, implements, containers, weapons, weapon projectiles, by-products resulting from manufacture or use of human-made or natural materials, surface or subsurface structures or portions thereof, earthworks, fortifications, ceremonial structures or objects, cooking pits, refuse pits, hearths, kilns, post molds, middens, and shipwrecks; the site, location, or context in which such artifacts or material remains are situated; and any portion or piece of any of the foregoing.
(d) “Department” means the Department of State.
(e) “Director” means the Director of the Division of Historical and Cultural Affairs of the Department of State.
(f) “Division” means the Division of Historical and Cultural Affairs of the Department of State.
(g) “Embedded” means firmly affixed in the subaqueous lands such that the use of tools of excavation is required in order to move bottom sediments to gain access to a shipwreck, its cargo and any part thereof, or to any other archaeological resource.
(h) “Historic shipwreck” means a shipwreck that is listed in or eligible for listing in the National Register of Historic Places.
(i) “National Register of Historic Places” means the nation's official list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture maintained by the United States National Park Service, Department of the Interior.
(j) “Of archaeological interest” means capable of providing scientific or humanistic understandings of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques such as controlled observation, contextual measurement, controlled collection, analysis, interpretation and explanation.
(k) “Ordinary high water mark” means, for nontidal waters, the line at which the presence and action of water are so continuous in all ordinary years so as to leave a distinct mark on a bank either by erosion or destruction of terrestrial (nonaquatic) vegetation, or that can be determined by other physical or biological means.
(l) “Person” means an individual, corporation, partnership, trust, institution, association, or any other private entity or any officer or employee, agent, department, or instrumentality of the United States or of any state or political subdivision thereof.
(m) “Qualified person” means a person meeting the United States Secretary of the Interior's Professional Qualification Standards for Archeology (48 FR 44716; 36 C.F.R. Part 61), as determined by the Director.
(n) “Secretary” means the Secretary of State.
(o) “Shipwreck” means a vessel or wreck, its cargo and other contents.
(p) “State lands” means any lands owned or controlled by the State of Delaware, including subaqueous lands.
(q) “Subaqueous lands” means submerged lands and tidelands.
(r) “Submerged lands” means:
(1) Lands lying below the line of mean low tide in the beds of all tidal waters within the boundaries of the State;
(2) Lands lying below the plane of the ordinary high water mark of nontidal rivers, streams, lakes, ponds, bays and inlets within the boundaries of the State as established by law; and
(3) Specific manmade lakes or ponds as designated by the Secretary of the Department of Natural Resources and Environmental Control.
(s) “Terrestrial lands” means lands owned or controlled by the State lying above the line of mean low tide.
(t) “Tidelands” means lands lying between the line of mean high water and the line of mean low water.
75 Del. Laws, c. 153, §  2;