Delaware § 5305 Authority to enhance, preserve and protect archaeological resources

Delaware Statutes

§ 5305 — Authority to enhance, preserve and protect archaeological resources

Delaware § 5305

JurisdictionDelaware

Title7

PartArchaeological and Geological Resources

Ch. 53ARCHAEOLOGICAL RESOURCES IN THE STATE

Subch.Archaeological Resources in or on State Lands

This text of Delaware § 5305 (Authority to enhance, preserve and protect archaeological resources) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 7, § 5305 (2026).

Text

(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eligible for listing in the National Register of Historic Places (16 U.S.C. § 470a; [former] 33 C.F.R. Part 63 [repealed]; 36 C.F.R. Part 60).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 resour

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(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eligible for listing in the National Register of Historic Places (16 U.S.C. § 470a; [former] 33 C.F.R. Part 63 [repealed]; 36 C.F.R. Part 60).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.