CHAPTER 11
PUBLIC ARCHIVES COMMISSION AN ACT TO PROTECT ABORIGINAL SITES IN THE STATE OF DELAWARE.
Be it enacted by the Senate and the House of Representatives of the State of Delaware in General Assembly met: Section 1. It shall be unlawful for any person to excavate, appropriate, injury or destroy any aboriginal site situated on lands owned or controlled by the State of Delaware, except with the permission of the Governor of the State of Delaware, or with permission of such person or persons duly authorized by him to extend and grant such permission.
Section 2. The Governor of the State of Delaware is hereby authorized and empowered to grant permits for archaeological excavation of aboriginal sites on lands owned or controlled by the State of Delaware to any person or institution which in his judgment is properly qualified to conduct such an excavation for the gathering of objects of historical or archaeological value or interest. The Governor may prescribe reasonable rules and regulations for carrying out such excavations. The Governor may designate a person or persons to extend and grant the permission to excavate as hereby provided for. No archaeological excavation shall be carried out except for the benefit of reputable museums, universities, colleges, or other recognized scientific institutions, with the view to increase knowledge of such objects. The University of Delaware is hereby designated as a properly qualified Museum or scientific institution.
Section 3. All objects of historical or archaeological value or interest found on aboriginal sites owned or controlled by the State of Delaware must be deposited for permanent preservation in public museums, universities, colleges or other recognized scientific institutions.
Section 4. That in order to protect and preserve archaeological and scientific information, matters and objects which are to be found on privately owned lands in the State of Delaware, it is a declaration and statement of Legislative intent that excavations on privately owned lands should be discouraged, except in accordance with and pursuant to the spirit and policy of this Act; and persons having knowledge of the location of aboriginal sites in Delaware, are hereby encouraged to communicate such information to the University of Delaware or some other properly qualified institution.
Section 5. Any person or persons violating any of the prohibitory provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined One Hundred Dollars ($100.00) or be imprisoned for a term of thirty days, or both, in discretion of the Court. Each day excavation, appropriation, or act of injurying or destroying any aboriginal site of aforesaid shall be and constitute a separate offense and shall be punishable as such.
Approved April 24, 1934.