Delaware Code Title 7. Conservation § 5305. Authority to enhance and protect archaeological resources

Current as of January 01, 2026 | Updated by Findlaw Staff

(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determined eligible for listing in the National Register of Historic Places (16 U.S.C. § 470a; [former] 33 CFR Part 63 [repealed]; 36 CFR Part 60).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.

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Cite this article: FindLaw.com - Delaware Code Title 7. Conservation § 5305. Authority to enhance and protect archaeological resources - last updated January 01, 2026 | https://codes.findlaw.com/de/title-7-conservation/de-code-sect-7-5305/

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