After the public hearing the Secretary shall determine whether an invitation for bidding to lease the area under consideration would be in the public interest. In such determination the Secretary shall consider whether a lease or leases of the area under consideration would:
(1) Be detrimental to the health, safety or welfare of persons residing in, owning real property or working in the neighborhood of such areas;
(2) Interfere with the residential or recreation areas to an extent that would render such areas unfit for recreational or residential uses or unfit for park purposes;
(3) Destroy, impair or interfere with the esthetic and scenic values of the Delaware coast, or other affected area;
(4) Create any air, water and other pollution;
(5) Substantially endanger marine life or wildlife;
(6) Substantially interfere with commerce or navigation; and
(7) Protect state lands from drainage of oil, gas or other minerals or objectionable substances.
Structure Delaware Code
Chapter 61. MINERALS IN SUBMERGED LANDS
§ 6102. Jurisdiction to lease.
§ 6105. Filing of records of drilling; confidential nature of records.
§ 6106. Unlawful disclosure of information; penalties; jurisdiction of offenses.
§ 6107. Public hearings; notice.
§ 6108. Determination of whether lease is in the public interest.
§ 6110. Form of lease or permit.
§ 6111. Exclusive right to drill and remove minerals.
§ 6114. Rental for leased land.
§ 6116. Cessation of production.
§ 6117. Slant and adjacent drilling.
§ 6118. Restoration of visible lands to original condition.
§ 6119. Pollution and contamination prohibited.
§ 6120. Extension of lease where permits required.
§ 6121. Commencing of operations for drilling.
§ 6123. Assignability of lease.
§ 6124. Protection against drainage.
§ 6126. Cancellation of lease; judicial proceedings.
§ 6127. Lease shall conform to all laws, rules and regulations.
§ 6128. Notice of offer to lease; bid award; fee.
§ 6130. Proceeds to General Fund.
§ 6131. Discriminatory bidding requirements prohibited.
§ 6132. Retention or protection of fill.
§ 6136. Jurisdiction over matters affecting health and safety.
§ 6137. No permit or lease to violators of this chapter.
§ 6138. Rules, regulations, orders.
§ 6140. Delegation of authority.
§ 6142. Violations; enforcement; civil and criminal penalties.