CHAPTER 430

FORMERLY

SENATE BILL NO. 305

AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 53, TITLE 7 OF THE DELAWARE CODE RELATING TO ARCHAEOLOGICAL SITES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §5301, Chapter 53, Title 7, Delaware Code by deleting the existing section and inserting in lieu thereof the following:

No person shall excavate, collect, deface, injure or destroy any archaeological resource or artifact, or otherwise disturb or alter an archaeological resource or artifact or its surrounding location or context, in or on lands owned or controlled by this State, except with the permission of the Governor of this State or the person duly authorized by the Governor to extend and grant such permission. Archaeological resources and artifacts shall be defined to include any remains of past human life or activity that are at least 50 years old."

Section 2. Amend §5302, Chapter 53, Title 7, Delaware Code, by replacing the phrase "aboriginal sites" in the first sentence with the phrase "archaeological resources or artifacts" and by replacing the word "objects" as it appears in the last sentence with the phrase "archaeological resources or artifacts."

Section 3. Amend §5306, Chapter 53, Title 7, Delaware Code by deleting the existing section and heading and inserting in lieu thereof the following:

"Prohibition Against Transfer, Sale and Purchase.

No person shall sell, transfer, exchange, transport, purchase, receive, or offer to sell, transfer, exchange, transport, purchase or receive, any archaeological resource or artifact as defined in §5301 unless such artifact or resource has been obtained in compliance with the requirements of this Chapter."

Section 4. Amend Chapter 53, Title 7, Delaware Code by adding a new §5307 and heading which reads as follows:

"Possession of Prohibited Tools or Devices.

No person shall possess, use or employ, on lands owned or controlled by the State, tools or devices designed, modified or commonly used for the excavation or removal of archaeological resources or artifacts or otherwise designed or modified for activities prohibited by this Chapter, excluding individuals permitted or authorized to possess such tools and devices in accordance with the requirements of this Chapter. "

Section 5. Amend Chapter 53, Title 7, Delaware Code by adding a new §5308 and heading which reads as follows:

"Penalties.

Whoever violates this Chapter shall be fined an amount which shall not exceed $10,000 or imprisoned up to thirty (30) days, or both. Each day of excavation, alteration, destruction, injury or other violation shall be considered a separate offense and punishable as such. Unauthorized tools or devices seized from violators of §5307 may be ordered forfeited to the State without compensation. Further, restitution may be ordered to compensate the State for the cost of remedying or remedlating any violation of this Chapter."

Section 6. Amend Chapter 53, Title 7 of the Delaware Code by adding a new Section 5309 and heading which reads as follows:

"Exemptions.

The provisions of Sections 5301 and 5302 of this Chapter shall not apply to activities of State agencies which are (a) already subject to federal laws or regulations relating to archeological resources or artifacts, or (b) which are not intended as archeological activities, such as but not limited to surveying soil testing, construction, or property maintenance. Further, this Chapter shall 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 posted."

Approved July 14, 1994.