reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 7 - Conservation › Chapter 47. STATE PARKS › Subchapter II. The Fort DuPont Redevelopment and Preservation Act › § 4732. Definitions.

§ 4732. Definitions.
When used in this subchapter:
(1) “Board” means the Board of Directors of the Fort DuPont Redevelopment and Preservation Corporation.
(2) “Corporation” means the Fort DuPont Redevelopment and Preservation Corporation to be established pursuant to § 4733 of this title.
(3) “Department” means the Department of Natural Resources and Environmental Control.
(4) “Fort DuPont Complex” or “Fort DuPont” means such real property, as well as such facilities, personal property, buildings, and fixtures located thereon, owned by the State along the Delaware River bounded by the Chesapeake and Delaware Canal on the south, and a branch canal, currently separating it from Delaware City, on the north, which includes the Fort DuPont State Park, the Governor Bacon Health Center, and surrounding lands, formerly tax parcel numbers 1202300020, 1202300021, 1203000001, and 1203000002.
(5) “Redevelopment plan” means the draft master plan for the redevelopment of the Fort DuPont complex dated October 2013, as may be amended from time to time by the Board, which is intended to guide the redevelopment of the Fort DuPont Complex.
79 Del. Laws, c. 361, §  1;  82 Del. Laws, c. 72, § 1;  83 Del. Laws, c. 302, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 47. STATE PARKS › Subchapter II. The Fort DuPont Redevelopment and Preservation Act › § 4734. Subcommittees.

§ 4734. Subcommittees.
(a) The Board may create subcommittees as needed to assist the Corporation in fulfilling its purposes and obligations. Each subcommittee shall have a Director of the Board serve as Chair and may include persons that are not directors of the Board.
(1)-(6) [Repealed.]
(b)-(d) [Repealed.]
79 Del. Laws, c. 361, §  1;  82 Del. Laws, c. 72, § 1;  83 Del. Laws, c. 302, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 47. STATE PARKS › Subchapter II. The Fort DuPont Redevelopment and Preservation Act › § 4735. Powers of the Corporation.

§ 4735. Powers of the Corporation.
The Corporation shall have on July 23, 2014, and upon its creation as provided for herein the powers listed in this section. The Corporation shall be empowered, without limitation and notwithstanding any other laws to:
(1) Adopt bylaws, rules, regulations, and procedures;
(2) Act generally in a planning and development capacity, and in connection therewith, to hold, own, preserve, develop, improve, construct, rent, lease, sell, or otherwise acquire or dispose of any real property, including without limitation any real property comprising the Fort DuPont Complex or any portion thereof transferred to the Corporation. The power in this paragraph (2) does not exempt development and construction on the Fort DuPont Complex from otherwise applicable environmental law and regulatory requirements. All activity on the Fort DuPont Complex must comply with otherwise applicable permitting processes of the Department.
(3) Employ an executive director, a deputy executive director, and such other deputies and assistants as may be necessary or desirable, and to retain by contract such legal counsel, engineers, advisors, and other providers of professional services.
(4) Borrow moneys or accept contributions, grants, or other financial assistance from the federal government, the State, any locality or political subdivision, any agency or instrumentality thereof, or any source, public or private, for or in aid of any project of the Corporation, and to these ends, to comply with such conditions and enter into such mortgages, trust indentures, leases, or other contracts and agreements as may be necessary or desirable.
(5) Have and exercise any and all powers available to a corporation organized pursuant to Chapter 1 of Title 8, the Delaware General Corporation Law that are not inconsistent with this subchapter.
(6) Take such other lawful actions that are consistent with the purposes of this subchapter as may be necessary or desirable to oversee, manage, and implement the redevelopment and preservation of the Fort DuPont Complex in accordance with the redevelopment plan and the provisions of this subchapter.
(7) Recover costs for the use of, or the benefit derived from, the services or facilities provided, owned, operated, or financed by the Corporation benefiting property within the Fort DuPont Complex.
79 Del. Laws, c. 361, §  1;  83 Del. Laws, c. 302, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 47. STATE PARKS › Subchapter II. The Fort DuPont Redevelopment and Preservation Act › § 4736. Powers and duties of executive director; deputy executive director.

§ 4736. Powers and duties of executive director; deputy executive director.
(a) An executive director shall be selected by a majority vote of the Board. The Board shall require executive director candidates to undergo a credit and criminal history background check. The executive director shall exercise such powers and duties relating to the Corporation as may be delegated to him or her by the Board. Compensation of the executive director shall be established by the Board, and the executive director shall serve at the pleasure of the Board.
(b) The executive director shall hire a deputy executive director, and may hire such additional deputies and assistants as are authorized by the Board. All hires must be approved by majority vote of the Board prior to assuming a position with the Corporation.
(c) The executive director or any employee of the Corporation may not receive any gift valued in excess of $200 from the Corporation, the Board, or any member of the Board.
(d) The executive director or any employee of the Corporation may rent, lease, or purchase property on the Fort Dupont Complex but only for fair market value and through the Complex's standard rental or purchase process. Housing on the Fort DuPont Complex may not be included in an employee's compensation package.
(e) The executive director shall provide an annual written report of the Corporation's activities to the Chair of the Board.
(f) The executive director shall provide an annual presentation to the City Council of Delaware City, setting forth any pending or approved changes to the Redevelopment Plan and a summary of development progress. The presentation shall be made in a public forum and time shall be reserved for public comment.
79 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 302, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 47. STATE PARKS › Subchapter II. The Fort DuPont Redevelopment and Preservation Act › § 4737. Initial duties of Corporation.

§ 4737. Initial duties of Corporation.
On or before June 30, 2015, the Corporation shall, at a minimum:
(1) Select and hire a qualified executive director;
(2) Perform or have performed such tests, studies, examinations, and evaluations upon the lands of the Fort DuPont Complex as may be desirable or necessary to permit such property to be transferred to the Corporation and to evaluate economic development opportunities and the historical and other resources to be preserved; and
(3) To develop such feasibility, sales, and marketing plans as may be required to preserve and redevelop the Fort DuPont Complex in accordance with this subchapter.
79 Del. Laws, c. 361, §  1;  83 Del. Laws, c. 302, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 47. STATE PARKS › Subchapter II. The Fort DuPont Redevelopment and Preservation Act › § 4738. Continuing duties of Corporation.

§ 4738. Continuing duties of Corporation.
(a) The Corporation shall prepare and submit an annual report of its activities during the previous year to the Governor and the Chair and Co-Chair of the Capital Improvement Committee of the General Assembly by January 1 of each year. Such annual report shall include all of the following:
(1) A complete list and explanation of all land it has acquired within the previous 12 months.
(2) A complete list and explanation of all development projects that may impact wetlands.
(3) An enumeration of all projects and services provided by homeowners association fees, and explanation of any duplication with services provided by Delaware City.
(b) The Corporation shall prepare and submit an annual audit which shall be provided to the Governor and the Chair and Co-Chair of the Capital Improvement Committee of the General Assembly by January 1 of each year.
83 Del. Laws, c. 302, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 47. STATE PARKS › Subchapter II. The Fort DuPont Redevelopment and Preservation Act › § 4739. Open meetings and public records.

§ 4739. Open meetings and public records.
The Fort Dupont Redevelopment and Preservation Corporation and its Board are “public bodies” for purposes of Chapter 100 of Title 29.
83 Del. Laws, c. 302, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 47. STATE PARKS › Subchapter II. The Fort DuPont Redevelopment and Preservation Act › § 4740. Liberal construction of subchapter.

§ 4740. Liberal construction of subchapter.
This subchapter, being necessary for the prosperity and welfare of the State and its citizens, shall be liberally construed to effect the purposes hereof.
79 Del. Laws, c. 361, §  1;  83 Del. Laws, c. 302, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 49. MAINTENANCE AND CONSTRUCTION OF MEMORIALS IN THE TOWN OF LEWES › § 4901. Properties under jurisdiction of Department of State.

§ 4901. Properties under jurisdiction of Department of State.
The Department of State shall have the full and complete care and supervision of the DeVries Monument, at Lewes, Delaware, the Zwaanendael Museum, at Lewes, Delaware, and such other buildings, memorials or parks as come under the jurisdiction of the Department of State. The Department of State shall keep the property in its custody in proper condition at all times; and shall cause reasonable and necessary repairs to be made.
Code 1935, §  6225;  45 Del. Laws, c. 295, §  2;  7 Del. C. 1953, §  4902;  57 Del. Laws, c. 608, §  2B;
2023 Delaware Code › Title 7 - Conservation › Chapter 49. MAINTENANCE AND CONSTRUCTION OF MEMORIALS IN THE TOWN OF LEWES › § 4902. Memorial to sailors.

§ 4902. Memorial to sailors.
(a) The Department of State may have constructed in the Town of Lewes a memorial to sailors which may be either a building, monument, park or other appropriate construction, and which shall be given an official name by the Department of State, when it is completed.
(b) The Department of State may prepare plans, specifications and drawings and employ such needed assistants as are necessary, including an architect or architects; advertise for bids; require bidders to give proper bonds; reject any and all bids for reasons deemed sufficient to said Department of State; enter into agreements and contracts necessary to carry on the work of constructing the proposed memorial including contracts for services, labor and materials needful or proper for the purposes aforesaid or any of them; call upon any other department or agency of the state government for advice and assistance in planning the proposed memorial and to further the work of construction when necessary plans have been completed.
Code 1935, §  6226;  45 Del. Laws, c. 295, §  3;  7 Del. C. 1953, §  4903;  57 Del. Laws, c. 608, §  2B;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 49. MAINTENANCE AND CONSTRUCTION OF MEMORIALS IN THE TOWN OF LEWES › § 4903. Funds and appropriations; expenditures.

§ 4903. Funds and appropriations; expenditures.
Any funds received from other than state appropriations may be paid to the Secretary of Finance who shall keep the same in a separate fund or account, and such funds shall be used only for the purpose of carrying out this chapter.
Code 1935, §  6227;  45 Del. Laws, c. 295, §  4;  7 Del. C. 1953, §  4904;  57 Del. Laws, c. 608, §§  2A, 2C;
2023 Delaware Code › Title 7 - Conservation › Chapter 51. Unknown Sailors’ Cemetery › § 5101. Memorial cemetery.

§ 5101. Memorial cemetery.
The public lands hereinafter described are set aside and designated as a memorial cemetery for the burial of sailors and shall be maintained solely for that purpose. The cemetery shall be known as the Unknown Sailors' Cemetery and shall include the following described lands:
Beginning at a point on the north edge of the State Highway leading from the Town of Lewes towards the old Henlopen Lighthouse Reservation, said point being 171 feet east from the lines of Lewes Coast Guard Station and corner for lands in possession of Louis L. Paynter, and thence running along and with one line of said lands 577 feet to a point at high water mark on Delaware Bay, thence along the high water mark of said Bay southeast 350 feet to a point corner for land leased to the Lewes Fertilizer Company, now in possession of Smith Meal Company, thence along and with one line of said lands southwest 568 feet to a point in the north edge of the above described highway, thence along and with the north edge of said Highway 385 feet home to the place of beginning.
42 Del. Laws, c. 2, §  1;  7 Del. C. 1953, §  5101;
2023 Delaware Code › Title 7 - Conservation › Chapter 51. Unknown Sailors’ Cemetery › § 5102. Agency in charge of cemetery; powers.

§ 5102. Agency in charge of cemetery; powers.
The Delaware Society for the Preservation of Antiquities, a corporation of the State, is the state agency or authority of the State designated to carry out this chapter. The Society shall provide for the care and maintenance and the reconstruction and restoration of the Unknown Sailors' Cemetery, and may make application to any federal department, board or agency for the performance of any necessary work and may accept any grant which is available to it as such state agency or to the State for the purpose of the reconstruction and restoration of the cemetery.
42 Del. Laws, c. 2, §  2;  7 Del. C. 1953, §  5102;
2023 Delaware Code › Title 7 - Conservation › Chapter 53. ARCHAEOLOGICAL RESOURCES IN THE STATE › Subchapter I. General Provisions › § 5301. Duties of the Department of State.

§ 5301. Duties of the Department of State.
The duties of the Department of State relative to archaeology within the State are as follows:
(1) To sponsor, engage in and direct archaeological research in this State and to encourage and coordinate archaeological research undertaken by any archaeological society, institution, agency or association of the State;
(2) To encourage cooperation among State agencies in the preservation, protection and excavation of archaeological resources which have or may come into the custody of any other agency of this State;
(3) To protect and encourage the preservation of archaeological resources located on privately owned lands in this State;
(4) To recover and preserve archaeological resources discovered during the course of any public construction in this State, when deemed appropriate by the Director of the Division of Historical and Cultural Affairs of the Department of State, and when the discovery is not subject to federal laws or other state laws that may require an archaeological investigation be conducted;
(5) To cooperate with and assist the University of Delaware and other public institutions of this State in the preservation and protection of archaeological resources;
(6) To furnish materials and objects to the Delaware State Museum, and/or other museums in the State, suitable for demonstrating and interpreting the State's history and heritage;
(7) To furnish exhibits and/or other materials to public and private schools of this State, and to assist in the instruction of students on the State's history and heritage, and the discipline of archaeology;
(8) To cooperate with similar agencies and institutions of other states and the federal government for the general purpose of preserving archaeological resources of this State, and to ensure that all such activity of agencies and institutions is in the best interest of the State;
(9) To publish or otherwise disseminate information resulting from archaeological research conducted in this State;
(10) To enforce the laws regulating archaeological resources situated on state-owned or state-controlled lands, including subaqueous lands.
75 Del. Laws, c. 153, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 53. ARCHAEOLOGICAL RESOURCES IN THE STATE › Subchapter I. General Provisions › § 5302. Rules, regulations and guidelines.

§ 5302. Rules, regulations and guidelines.
The Division of Historical and Cultural Affairs, with the approval of the Department of State, may formulate and adopt such rules, regulations, standards and guidelines as it deems necessary for the effective execution of its purposes under this chapter.
75 Del. Laws, c. 153, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 53. ARCHAEOLOGICAL RESOURCES IN THE STATE › Subchapter II. Archaeological Resources in or on State Lands › § 5303. Purposes.

§ 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 commercial attractiveness and the effects of natural forces and human intervention;
(4) Existing state laws do not provide adequate protection to prevent the loss and destruction of these archaeological resources resulting from such causes; and
(5) There is a wealth of archaeological information which has been legally obtained by private individuals for noncommercial purposes and which could voluntarily be made available to professional archaeological institutions to further the educational, scientific, social and economic benefits for all citizens.
(b) The purpose of this subchapter is to secure, for the present and future benefit of the people of Delaware, the protection of archaeological resources which are in or on state lands, including subaqueous lands, to increase awareness and encourage meaningful stewardship of the State's archaeological heritage, and to foster increased cooperation and exchange of information among governmental authorities, the professional archaeological community, and private individuals having collections of archaeological resources and data.
75 Del. Laws, c. 153, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 53. ARCHAEOLOGICAL RESOURCES IN THE STATE › Subchapter II. Archaeological Resources in or on State Lands › § 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; 43 U.S.C. §§ 2101-2106), and Guidelines therefore (55 FR 50115, 55 FR 51528), 56 FR 7875:
(1) The State has title to all shipwrecks embedded in subaqueous lands of this State; and
(2) The State has title to every shipwreck located on the State's subaqueous lands, if the shipwreck is listed in or determined eligible for listing in the National Register of Historic Places (16 U.S.C. § 470a; [former] 33 C.F.R. Part 63 [repealed]; 36 C.F.R. Part 60).
(b) The State's authority to enhance, preserve and protect archaeological resources in or on state lands is vested solely in the Department.
(c) Notwithstanding the jurisdictional provisions of § 7203 of this title, the Department is the custodian of archaeological resources in or on the State's subaqueous lands, including but not limited to shipwrecks to which the State has title under § 5305(a) of this title.
75 Del. Laws, c. 153, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 53. ARCHAEOLOGICAL RESOURCES IN THE STATE › Subchapter II. Archaeological Resources in or on State Lands › § 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 state-owned shipwrecks shall consult with the Division, provide the Division the opportunity to review and comment on the proposed activity, and take into account the effects of the activity on such resources. This review will not substitute for consultation under Section 106 of the National Historic Preservation Act [16 U.S.C. § 470f] or Section 307 of the Coastal Zone Management Act [16 U.S.C. § 1456], if applicable.
(c) The Division may enter into agreements with state land managing agencies for the purposes of enhancing, preserving, protecting and promoting good stewardship of archaeological resources located in or on State lands managed by those agencies.
(d) All state land managing agencies shall cooperate with the Division in implementing the provisions of this chapter.
(e) All state and local law-enforcement agencies and officers are hereby empowered to, and shall assist the Division in carrying out its duties under this chapter.
75 Del. Laws, c. 153, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 53. ARCHAEOLOGICAL RESOURCES IN THE STATE › Subchapter II. Archaeological Resources in or on State Lands › § 5308. Permit required.

§ 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. 1953, §  5302;  64 Del. Laws, c. 138, §§  4-6;  69 Del. Laws, c. 430, §  2;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 153, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 53. ARCHAEOLOGICAL RESOURCES IN THE STATE › Subchapter II. Archaeological Resources in or on State Lands › § 5310. Qualified repositories.

§ 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;  75 Del. Laws, c. 153, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 53. ARCHAEOLOGICAL RESOURCES IN THE STATE › Subchapter II. Archaeological Resources in or on State Lands › § 5311. Repository of artifacts or material remains.

§ 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 and Cultural Affairs, or in a qualified repository approved by the Director, except as may be provided for under a shipwreck management program established pursuant to § 5316 of this title.
39 Del. Laws, c. 11, §  3;  43 Del. Laws, c. 194, §  1;  48 Del. Laws, c. 219, §  2;  7 Del. C. 1953, §  5304;  64 Del. Laws, c. 138, §§  8-11;  75 Del. Laws, c. 153, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 53. ARCHAEOLOGICAL RESOURCES IN THE STATE › Subchapter II. Archaeological Resources in or on State Lands › § 5313. Exemptions.

§ 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, construction, or property maintenance. State agencies are encouraged to advise the Division of any archaeological resources found during the course of such activities, pursuant to the letter or spirit of § 5306 of this title.
(b) This chapter does not apply to public use areas on lands along the Atlantic coast from Cape Henlopen south to the state line, situated between the mean low water line and the base of the primary dune, unless otherwise restricted or closed by the Director under the authority of § 5307 of this title.
69 Del. Laws, c. 430, §  6;  75 Del. Laws, c. 153, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 53. ARCHAEOLOGICAL RESOURCES IN THE STATE › Subchapter II. Archaeological Resources in or on State Lands › § 5314. Confidentiality.

§ 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 Director may:
(1) Elect not to disclose such information to the public;
(2) Provide the public with only general information about the resource and/or its location, when notifying the public of a restriction or closure of access to a state archaeological resource under § 5307 of this title, or under provisions applicable to shipwrecks to which the State has title.
75 Del. Laws, c. 153, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 53. ARCHAEOLOGICAL RESOURCES IN THE STATE › Subchapter II. Archaeological Resources in or on State Lands › § 5315. Cooperation with private individuals.

§ 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 archaeologists and associations of professional archaeologists concerned with the archaeological resources of Delaware and of the United States.
(b) In order to protect and preserve archaeological resources which are found on privately owned lands in this State, it is a declaration and statement of legislative intent that archaeological excavations on privately owned lands are discouraged, except in accordance with and pursuant to the spirit and policy of this chapter; and persons having knowledge of the location of archaeological resources in Delaware are encouraged to communicate such information to the Director or to the Chairperson of the Department of Anthropology of the University of Delaware.
39 Del. Laws, c. 11, §  4;  43 Del. Laws, c. 194, §  2;  48 Del. Laws, c. 219, §  3;  7 Del. C. 1953, §  5305;  64 Del. Laws, c. 138, §§  12, 13;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 153, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 53. ARCHAEOLOGICAL RESOURCES IN THE STATE › Subchapter II. Archaeological Resources in or on State Lands › § 5316. Shipwreck Management Program.

§ 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. The Division is authorized to establish a professional staff for the purpose of implementing the Program.
75 Del. Laws, c. 153, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 54. UNMARKED HUMAN BURIALS AND HUMAN SKELETAL REMAINS › § 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 jurisdiction of the Medical Examiner that are encountered during archaeological excavation, construction, or other ground disturbing activities.
(3) To provide for adequate skeletal analysis of remains removed or excavated from unmarked human burials.
(4) To provide for the dignified and respectful reinterment or other disposition of Native American, African American, and all other skeletal remains, including those of enslaved individuals and individuals of undetermined cultural affiliation.
66 Del. Laws, c. 38, §  1;  75 Del. Laws, c. 153, §§  4, 5;  83 Del. Laws, c. 142, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 54. UNMARKED HUMAN BURIALS AND HUMAN SKELETAL REMAINS › § 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. 142, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 54. UNMARKED HUMAN BURIALS AND HUMAN SKELETAL REMAINS › § 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, agricultural, or any other ground-disturbing activities, the person shall cease the ground-disturbing activity immediately upon discovery and notify the Medical Examiner or the Director of the discovery.
(c) Human burials or human skeletal remains which are encountered by a professional archaeologist as a result of survey or excavations must be reported to the Director. Excavation and other activities may resume after written approval is provided by the Director. The treatment, analysis, and disposition of the remains shall conform to the provisions of this chapter.
(d) The Director shall notify the Chief Medical Examiner of any reported human skeletal remains discovered by a professional archaeologist.
66 Del. Laws, c. 38, §  1;  75 Del. Laws, c. 153, §  4;  83 Del. Laws, c. 142, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 54. UNMARKED HUMAN BURIALS AND HUMAN SKELETAL REMAINS › § 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 the Medical Examiner's jurisdiction, the Medical Examiner will immediately proceed with an investigation pursuant to Chapter 47 of Title 29.
(c) All those remains determined to be not within the jurisdiction of the Medical Examiner shall be within the jurisdiction of the Director.
66 Del. Laws, c. 38, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 153, §  4;  83 Del. Laws, c. 142, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 54. UNMARKED HUMAN BURIALS AND HUMAN SKELETAL REMAINS › § 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.
66 Del. Laws, c. 38, §  1;  75 Del. Laws, c. 153, §  4;  83 Del. Laws, c. 142, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 54. UNMARKED HUMAN BURIALS AND HUMAN SKELETAL REMAINS › § 5407. Consultation, analysis, and disposition.

§ 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 proposed treatment and ultimate disposition of the skeletal remains within 60 days of making the notification.
(b) For all non-Native American burials or skeletal remains, the director shall begin forming the Committee within 5 days of learning of the discovery pursuant to § 5404 of this title. The Director shall publish notice of all discoveries of human skeletal remains other than Native American on the Division's website, and at least once per week for 2 successive weeks in a newspaper of general circulation in the county where the burials or skeletal remains were situated, in an effort to determine the identity or lineal descendants or both of the deceased. Lineal descendants shall have 30 days after the last published notice to notify the Director of their ancestry or proven kinship to the skeletal remains. Within 60 days of the end of the notification period the Director shall convene the Committee to develop a written plan for treatment and disposition of human skeletal remains. Treatment and ultimate disposition of the skeletal remains shall be subject to the written permission of the lineal descendants or shall be determined by the Director if no lineal descendant is identified.
(c) All skeletal analysis conducted pursuant to this chapter shall be undertaken only by a skeletal analyst.
(d) Any previously excavated skeletal remains of Native Americans of the State which are on display or remain uncovered as of June 5, 1987, shall be reinterred within 1 year. Treatment and disposition of all Native American remains discovered after enactment shall be determined by the Committee or, if direct descent can be determined, by a lineal descendant. In any event, Native American skeletal remains discovered after enactment shall be reinterred within 90 days unless an extension or other disposition is granted by the Committee.
(e) All reasonable efforts shall be made to maintain burials and skeletal remains in situ if that is the consensus of the Committee. Any person which is responsible, either directly or indirectly, for the unearthing of human remains deemed to be under the jurisdiction of the Division of Historical and Cultural Affairs shall be responsible for the cost of research to determine the identity, delineation of the burial ground, excavation, and reinternment, and providing a suitable marker for those remains.
66 Del. Laws, c. 38, §  1;  68 Del. Laws, c. 290, §  84;  75 Del. Laws, c. 153, §§  4, 7;  83 Del. Laws, c. 142, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 54. UNMARKED HUMAN BURIALS AND HUMAN SKELETAL REMAINS › § 5408. Prohibited acts.

§ 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) Knowingly fail to notify the Medical Examiner or the Director of a discovery of unmarked human burials or skeletal remains pursuant to § 5404 of this title.
66 Del. Laws, c. 38, §  1;  75 Del. Laws, c. 153, §  4;  83 Del. Laws, c. 142, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 54. UNMARKED HUMAN BURIALS AND HUMAN SKELETAL REMAINS › § 5409. Exceptions.

§ 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 under the supervision of a professional archaeologist are not subject to the prohibitions as provided in § 5408(1) of this title.
(d) Remains discovered within the known boundaries of a marked cemetery under the purview of the Department of Health and Social Services pursuant to Chapter 79A of Title 29 are not subject to this chapter.
66 Del. Laws, c. 38, §  1;  75 Del. Laws, c. 153, §§  4, 8;  83 Del. Laws, c. 142, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 54. UNMARKED HUMAN BURIALS AND HUMAN SKELETAL REMAINS › § 5410. Criminal penalties.

§ 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, c. 38, §  1;  75 Del. Laws, c. 153, §§  4, 6, 9;  83 Del. Laws, c. 142, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 54. UNMARKED HUMAN BURIALS AND HUMAN SKELETAL REMAINS › § 5411. Rules, regulations, standards, and guidelines.

§ 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. Laws, c. 142, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 55. GEOLOGICAL SURVEY › § 5501. Delaware Geological Survey; purposes.

§ 5501. Delaware Geological Survey; purposes.
The Delaware Geological Survey shall have the following purposes and objectives:
(1) The systematic investigation of the geologic structure of the State, the nature and composition of the igneous, sedimentary and metamorphic rocks, their areal extent and thickness, and other features that may lead to a better understanding of the geology of the State;
(2) The systematic exploration and examination of all minerals, rock materials, water and other earth resources which are, or may become in the foreseeable future, of importance to the economic development of the State, or to the defense of the State or the United States;
(3) The examination of the physiographic features of the State, with special reference to their practical bearing upon the State's economic life;
(4) The preparation of reports, with necessary illustrations and maps, which shall embrace both a general and detailed description of the geology and earth resources of the State;
(5) The preparation of the special geologic maps to illustrate the earth resources of the State;
(6) The consideration of such other scientific questions in the field of geology, as is deemed of value to the people of the State;
(7) The recommendation and preliminary drafting of such new state laws as are deemed advisable or necessary for regulating the optimum utilization and equitable administration of the State's geological resources.
48 Del. Laws, c. 173, §  3;  7 Del. C. 1953, §  5502;  66 Del. Laws, c. 154, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 55. GEOLOGICAL SURVEY › § 5502. Management of Delaware Geological Survey.

§ 5502. Management of Delaware Geological Survey.
The University of Delaware shall have general charge of the Survey and shall direct its operations.
48 Del. Laws, c. 173, §  2;  7 Del. C. 1953, §  5503;  55 Del. Laws, c. 442, §  6;
2023 Delaware Code › Title 7 - Conservation › Chapter 55. GEOLOGICAL SURVEY › § 5503. Superintendent; appointment; qualifications; compensation.

§ 5503. Superintendent; appointment; qualifications; compensation.
The University shall appoint as superintendent of the Survey a State Geologist and shall determine his or her compensation. The State Geologist shall be a member of the technical or professional staff of the University of Delaware, and 1/2 of his or her salary shall be paid from appropriations to the Survey and the other 1/2 shall be paid by the University of Delaware out of its instructional budget.
48 Del. Laws, c. 173, §  2;  7 Del. C. 1953, §  5504;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 55. GEOLOGICAL SURVEY › § 5504. Assistants and employees.

§ 5504. Assistants and employees.
The University of Delaware shall appoint such assistants and employees as are necessary to carry out the purposes of this chapter and shall determine the compensation of such persons.
48 Del. Laws, c. 173, §  2;  7 Del. C. 1953, §  5505;
2023 Delaware Code › Title 7 - Conservation › Chapter 55. GEOLOGICAL SURVEY › § 5505. Responsibilities and duties of State Geologist.

§ 5505. Responsibilities and duties of State Geologist.
The State Geologist and the Acting State Geologist shall have the following responsibilities and duties:
(1) The State Geologist or the Acting State Geologist shall hereby be required to evaluate all activities related to oil, gas and geothermal energy exploration or development on land or water within the State and report his or her findings and recommendations promptly to the appropriate and affected agencies and officials of the State. In order to receive and consider the report of the State Geologist, any agency or official of the State approached to allow, permit or otherwise provide for such activities shall promptly notify the State Geologist, providing details of the contact and requesting a report and recommendations.
(2) The Delaware Geological Survey may receive by appropriation or transfer funds for cooperative programs with its counterpart federal agencies, including the United States Geological Survey, the United States Bureau of Mines and the United States Minerals Management Service and shall be the only agency of the State to enter into agreements with those federal agencies.
(3) The State Geologist shall serve as the representative of the State to the River Master of the Delaware River in accordance with the Supreme Court Decree of 1954 [New Jersey v. New York, 347 U.S. 995, 74 S. Ct. 842; 98 L. Ed. 1127 (1954)].
(4) The State Geologist or the Acting State Geologist shall prepare reports to the General Assembly showing the progress and conditions of the Survey together with such other information as it deems necessary and useful. Any reports, maps or other literature prepared and printed by the Survey shall be distributed or sold as the interest of the State and of science demand. All material collected after having served the purposes of the Survey shall be distributed to the educational institutions of the State or the whole or part of such material shall be put on public exhibition.
(5) Responsibility for matters relating to water quality, geologic hazards, seismicity and cartographic information.
48 Del. Laws, c. 173, §  4;  7 Del. C. 1953, §  5506;  55 Del. Laws, c. 442, §  7;  66 Del. Laws, c. 154, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 57. DISASTER RELIEF AND ASSISTANCE › § 5701. Declaration of policy and intent.

§ 5701. Declaration of policy and intent.
(a) It is the policy and purpose of the State to obtain from the federal government all available relief and assistance to alleviate suffering and damage resulting from major disasters, such as flood, storm, hurricane, fire, drought or other catastrophe, in any part of the State, and to repair or restore essential public facilities that have been damaged or destroyed by a major disaster, and, to that end, to cooperate fully with the federal government and its agencies.
(b) It is the policy and purpose of the State to obtain from the federal government all available assistance for the improvement and maintenance of the natural resources of the State, and to that end, to cooperate fully with the federal government and its agencies.
7 Del. C. 1953, §  5701;  53 Del. Laws, c. 345;  54 Del. Laws, c. 152, §§  1, 2;
2023 Delaware Code › Title 7 - Conservation › Chapter 57. DISASTER RELIEF AND ASSISTANCE › § 5702. Authority of Governor or designated representative to act for State.

§ 5702. Authority of Governor or designated representative to act for State.
(a) The Governor, or such officer, agency or department of the State as shall be designated in writing by the Governor to act as the State's representative, may enter into such agreements with the federal government, or an agency thereof, as the Governor or such designated representative shall deem necessary to obtain available aid, assistance and relief from the federal government, or its agencies, and do all other acts or things necessary or convenient to obtain such aid and assistance or to carry out the powers expressly granted by this chapter and to effectuate its purpose, including the power to act in the acquisition of lands or interests in lands privately owned.
(b) Neither the Governor nor such designated representative shall commit the State to any financial obligation except to the extent of available appropriations; provided, however, that any such agreement authorized by subsection (a) of this section may specify:
(1) That the State will agree to hold and save the United States and its agents free from any claim for damages which may arise out of the performance of such works and projects to be undertaken by the federal government or its agencies pursuant to any such agreement, other than claims arising from the tortious acts of agents or employees of the federal government;
(2) That the State will furnish or provide, free of cost to the United States, all lands, easements, rights-of-way, and other areas or interests in land within this State required for or in connection with the performance of the work or project to be undertaken by the federal government, or its agencies, in respect of such agreement, and for the maintenance thereafter of such work or project; and
(3) That the State will furnish or provide free of cost to the United States such things as may be required by the federal government in connection with the improvement or maintenance thereof.
7 Del. C. 1953, §  5702;  53 Del. Laws, c. 345;  54 Del. Laws, c. 152, §§  3-5;
2023 Delaware Code › Title 7 - Conservation › Chapter 57. DISASTER RELIEF AND ASSISTANCE › § 5703. Costs and expense; fund to be charged.

§ 5703. Costs and expense; fund to be charged.
Such sums as may be required, whether in payment of the costs of necessary legal proceedings, as compensation to property owners, or in furtherance of any agreement authorized by § 5702 of this title, shall be charged against any special or emergency appropriation made by the General Assembly in connection with the work or project which is the subject matter of the agreement with the federal government or its agencies.
7 Del. C. 1953, §  5703;  53 Del. Laws, c. 345.;
2023 Delaware Code › Title 7 - Conservation › Chapter 57. DISASTER RELIEF AND ASSISTANCE › § 5704. Powers of Governor and Secretary of State.

§ 5704. Powers of Governor and Secretary of State.
(a) The Governor and the Secretary of State may do all things necessary and proper to provide for disaster recovery and rehabilitation.
(b) The Governor may receive and disburse on vouchers signed by the Secretary of State, sums of money from the United States federal government for disaster recovery and rehabilitation.
7 Del. C. 1953, §  5704;  53 Del. Laws, c. 342, §§  3, 4;
2023 Delaware Code › Title 7 - Conservation › Chapter 59. PUBLIC RECREATION ON PRIVATE LANDS › § 5901. Purpose.

§ 5901. Purpose.
The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes, whether such persons entered upon the land of the owner with or without consent of the owner.
7 Del. C. 1953, §  5901;  55 Del. Laws, c. 449;  67 Del. Laws, c. 107, §  1;