CHAPTER 76

FORMERLY

HOUSE BILL NO. 243

AN ACT TO AMEND CHAPTER 72, TITLE 7 OF THE DELAWARE CODE RELATING TO SUBAQUEOUS LANDS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §7201, Chapter 72, Title 7 of the Delaware Code by

deleting the phrase "and, for commercial projects, the Governor," as it appears in the second sentence of said section.

Section 2. Amend §7202, Chapter 72, Title 7 of the Delaware Code by

deleting subsections "(a)" and "(c)" in their entireties and by redesignating the remaining subsections accordingly.

Section 3. Amend §7203, Chapter 72, Title 7 of the Delaware Code by

deleting subsection "(a)" of said section in its entirety and substituting in lieu thereof the following:

"(a) The Secretary shall have jurisdiction over any project involving ungranted subaqueous lands owned by the State, and shall have jurisdiction and authority to convey a fee simple of lesser interest, or to grant an easement with respect to all projects involving these lands. All jurisdiction and authority remaining in the State as to subaqueous lands for which leases have been made or may be made is invested in the Secretary."

Section 4. Amend §7206, Chapter 72, Title 7 of the Delaware Code by

deleting subsection "(a)" of said section in its entirety and substituting in lieu thereof the following:

"(a) Pursuant to this chapter, the Secretary shall have exclusive

jurisdiction and authority over all projects to convey a fee simple or lesser interest or to grant easements with respect to subaqueous lands belonging to the State. All jurisdiction and authority to convey a fee simple or lesser interest or to grant easements over subaqueous lands as to which grants have been made or may be made is vested in the Secretary. All leases for shellfish grounds shall be made pursuant to Chapter 19 of this

Section 5. Amend §7210, Chapter 72, Title 7 of the Delaware Code by

deleting the phrase or the Governor" as it appears in the last sentence of said section.

Approved July 1, 1991.