Archaeological and Geological Resources

CHAPTER 53. Archaeological Resources in the State

Subchapter I. General Provisions

§ 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

§ 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