Delaware Code Title 7 Sec. 5306 – Jurisdiction and inter-agency cooperation
(a) When an archaeological resource is located within the jurisdiction of another state agency, the Division shall coordinate the review and evaluation of permit applications issued pursuant to § 5309 of this title to ensure conformance with all applicable laws and regulations.
Terms Used In Delaware Code Title 7 Sec. 5306
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) Any agency whose activities may affect state-owned shipwrecks shall consult with the Division, provide the Division the opportunity to review and comment on the proposed activity, and take into account the effects of the activity on such resources. This review will not substitute for consultation under Section 106 of the National Historic Preservation Act [16 U.S.C. § 470f] or Section 307 of the Coastal Zone Management Act [16 U.S.C. § 1456], if applicable.
(c) The Division may enter into agreements with state land managing agencies for the purposes of enhancing, preserving, protecting and promoting good stewardship of archaeological resources located in or on State lands managed by those agencies.
(d) All state land managing agencies shall cooperate with the Division in implementing the provisions of this chapter.
(e) All state and local law-enforcement agencies and officers are hereby empowered to, and shall assist the Division in carrying out its duties under this chapter.