§ 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 otherwise, or

(2) By any other means.

(b) All jurisdiction and authority to lease for mineral exploration or exploitation remaining in the State over submerged lands as to which grants have been or may be made is vested in the Secretary and the Governor.

(c) The Secretary shall administer and control all lands described in subsection (a) of this section, and may lease such lands and tidelands and dispose of oil, gas, sulphur and other minerals under such lands and tidelands in the manner prescribed by this chapter.

(d) Notwithstanding any other provisions of this chapter, the Secretary may not permit any interference, other than temporary interference, with the surface of the Atlantic shore. It may, however, grant easements for mineral exploration and exploitation underlying that part of the surface of the Atlantic shore owned by the State at such times and at such places as the Secretary finds necessary to permit the extraction and transportation of oil, gas, sulphur or other minerals from state, federal or private lands; and in addition the Secretary may issue oil and gas leases underlying the Atlantic shore under the same terms and conditions as provided in this chapter.

(e) The Secretary shall have no authority to lease lands administered by the Department of Natural Resources and Environmental Control.

Legislative History

7 Del. C. 1953, § 6402; 55 Del. Laws, c. 442, § 1 ; 57 Del. Laws, c. 739, § 212 ; 59 Del. Laws, c. 212, § 1 ; 65 Del. Laws, c. 508, § 1