DELAWARE STATE SENATE

149th GENERAL ASSEMBLY

SENATE BILL NO. 267

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ARCHAEOLOGICAL RESOURCES IN THIS STATE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 9204, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 9204. Pre-application review process.

(e) As part of an application for review under this section, an applicant shall include a copy of all of the following:

(1) Any existing archeological report or survey concerning the property that is in the applicant’s possession.

(2) Any proposal to conduct an archeological report or survey of the property prepared for or at the request of the applicant. An applicant may redact cost or pricing data included with a proposal.

SYNOPSIS

Section 5301(3) of Title 7 provides that it is the Department of State’s (“Department”) duty “to protect and encourage the preservation of archaeological resources located on privately owned lands in this State.” This Act enables the Department to better fulfill this duty by requiring a person required to submit a project for pre-application review under § 9204 of Title 29 to submit the following as part of the review process:

(1) Any existing archeological report or survey concerning the property that is in the applicant’s possession.

(2) Any proposal to conduct an archeological report or survey of the property prepared for or at the request of the applicant.

This Act replaces Senate Bill No. 248.

Author: Senator Lopez