As used in this chapter:

(1) “Conservation Trust Fund” means the Delaware Land and Water Conservation Trust Fund established and maintained pursuant to subchapter II of Chapter 54 of Title 30.

(2) “Council” means the Delaware Open Space Council established pursuant to this chapter.

(3) “Cultural resource site” means land that contains at least 1 of the following:

a. Archaeological resources.

b. An area listed or eligible for listing on the National Register of Historic Places.

(4) “Department” means the Department of Natural Resources and Environmental Control.

(5) “Land” or “lands” means real property, including improvements thereon; rights of way; water, subaqueous land, and riparian rights; easements; privileges; and all other rights or interests of any kind or description in, relating to, or connected with real property or water.

(6) “Open space” or “open space land” means any land the permanent protection of which will further 1 or more purposes enumerated in § 7503(a) of this title.

(7) “Open Space Program” means the conservation program created to carry out the purposes of this chapter.

(8) “Permanent protection,” “permanently protected,” or “permanently protect,” means the acquisition by purchase, gift, grant, bequest, devise, or otherwise of the fee or any lesser interest, development right, easement, covenant, or other contractual right in land in perpetuity necessary to achieve the purposes of this chapter.

(9) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control.

(10) “State agency” means, and shall apply exclusively to, the following units of state government which manage natural and cultural resources:

a. Department of Natural Resources and Environmental Control (Division of Parks and Recreation and Division of Fish and Wildlife).

b. Department of State (Division of Historical and Cultural Affairs).

c. Department of Agriculture (Delaware Forest Service).

67 Del. Laws, c. 352, § 1; 72 Del. Laws, c. 489, § 94; 80 Del. Laws, c. 354, § 1.