Delaware § 5402 - Definitions.

§ 5402. Definitions.

As used in this chapter:

(1) “Committee” means a body of stakeholders that inform the treatment and disposition of unmarked human burials and skeletal remains:

a. When burials or remains are determined to be Native American, the Committee shall be chaired by the Director or the Director’s designee, and consist of the Chief of the Nanticoke Indian Tribe and the Chief of the Lenape Indian Tribe of Delaware, or the Chiefs’ designees, 2 members appointed by each Chief, the Director of the Division of Historical and Cultural Affairs of the Department of State or the Director’s designee, 1 member appointed by the Director, and a ninth member from the private sector appointed by the Governor. Governor’s appointee shall serve 1-year, renewable terms. This is a standing committee.

b. When burials or remains are determined to be other than Native American, an ad hoc committee shall be formed. The committee shall include individuals well suited to ensure treatment and disposition of the human burial and skeletal remains furthers the goal of providing for the dignified and respectful reinterment or other disposition including recognition of the special consideration for African Americans, including enslaved persons, and for persons of undetermined cultural affiliation. The Committee shall be chaired by the Director or the Director’s designee, and consist of 1 member of the private sector appointed by the Governor who shall serve 1-year renewable terms and 7 members appointed by the Director, representing interested parties, which may include any of the following:

1. Known or presumed lineal descendants.

2. Individuals or organizations with a likely cultural affiliation to the remains.

3. The landowner.

4. A professional archaeologist.

5. An historian or person of similar expertise.

(2) “Director” means the Director of the Division of Historical and Cultural Affairs, Department of State.

(3) “Human skeletal remains” or “remains” means any part of the body of a deceased human being in any stage of decomposition.

(4) “Lineal descendant” means any individual tracing their ancestry directly or by proven kinship.

(5) “Medical Examiner” means as defined in Chapter 47 of Title 29.

(6) “Person” means an individual, corporation, partnership, trust, institution, association, or any other private entity or any officer or employee, agent, department, or instrumentality of the United States or of any state or political subdivision thereof.

(7) “Professional archaeologist” means a person having all of the following qualifications:

a. A graduate degree in archaeology, anthropology, history, or another related field with a specialization in archaeology.

b. A minimum of 1 year’s experience in conducting basic archaeological field research, including the excavation and removal of human skeletal remains.

c. Has designed and executed an archaeological study and presented written results and interpretations of such study.

(8) “Proven kinship” means the relationship among individuals that exists because of genetic descent, which includes racial descent.

(9) “Skeletal analyst” means any individual having all of the following qualifications:

a. A graduate degree in a field involving the study of the human skeleton such as skeletal biology, forensic osteology, or other relevant aspects of physical anthropology or medicine.

b. A minimum of 1 year’s experience in conducting laboratory reconstruction and analysis of skeletal remains, including the differentiation of the physical characteristics denoting cultural or biological affinity.

c. Has designed and executed a skeletal analysis and presented the written results and interpretations of such analysis.

(10) “Unmarked human burial” means any interment of human skeletal remains for which there exists no grave marker or any other historical documentation providing information as to the identity of the deceased.

66 Del. Laws, c. 38, §  1;  75 Del. Laws, c. 153, §  4;  83 Del. Laws, c. 142, § 1;