2025 Delaware Code
Title 7 - Conservation
Chapter 53. ARCHAEOLOGICAL RESOURCES IN THE STATE
Subchapter II. Archaeological Resources in or on State Lands
§ 5305. Authority to enhance, preserve and protect archaeological resources.
(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eligible for listing in the National Register of Historic Places (16 U.S.C. § 470a; [former] 33 C.F.R. Part 63 [repealed]; 36 C.F.R. Part 60).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.
75 Del. Laws, c. 153, § 2;
