Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 28. An order: (1) dismissing a petition; or (2) establishing a district; may be appealed to the supreme court within thirty (30) days. [Pre-1995 Recodification Citation: 13-3-3-31.] As added by P.L.1-1995, SEC.26.

Sec. 29. If: (1) a district is established by order of the court and an appeal is not taken within thirty (30) days; or (2) an order establishing a district is affirmed by the supreme court; the establishment of the district is final and may not be directly or collaterally questi…

Sec. 3. To determine the number of freeholds in the proposed district and the number or proportion of freeholders owning land in the district qualified to sign a petition for establishment, the following apply: (1) Only one (1) freeholder's signature may be counted for any one (1…

Sec. 30. If a petition is dismissed: (1) because the court finds the evidence does not support the petition according to section 26 of this chapter; or (2) according to section 15 of this chapter; a new petition may not be addressed to any court to establish a district with essen…

Sec. 4. A petition must contain the following: (1) The name for the proposed district, which should be in the form of "_________ Conservancy District". (2) A description of the territory to be included, not necessarily by metes and bounds, but sufficiently accurate to inform the …

Sec. 5. If: (1) a petition is conditioned upon a promise of federal money; and (2) the responsible federal agency informs the court that federal money is not available for the district as proposed by the petition or amendments to the petition; the petitioners may move that the pe…

Sec. 6. A petition may be circulated in several counterparts and still constitute a single petition. [Pre-1995 Recodification Citation: 13-3-3-11.] As added by P.L.1-1995, SEC.26.

Sec. 7. A municipality (as defined in IC 36-1-2) may file a petition to initiate a proposed district by ordinance adopted by the legislative body (as defined in IC 36-1-2). The proposed district may include land: (1) solely inside the municipality; or (2) partially inside and par…

Sec. 8. (a) The petitioners must post a bond sufficient to pay the cost of notice and all legal costs of the court connected with the proceedings in case the court refuses to establish the district and dismisses the petition. (b) The petitioners shall pay the cost of notice and a…

Sec. 9. The circuit court, superior court, or probate court with jurisdiction in the county having the most land in the proposed district has exclusive jurisdiction over the establishment of the district. If the district is established, this court also has exclusive jurisdiction …

Sec. 1. The commission shall do the following: (1) Adopt rules under IC 4-22-2 that do the following: (A) Effectuate the purposes of this article. (B) Take into account the following: (i) The terrain, climate, biologic, chemical, and other physical conditions in those areas of In…

Sec. 2. (a) An administrative law judge with the office of administrative law proceedings is the ultimate authority for the department for an administrative adjudication proceeding under this article. (b) An order made by an administrative law judge with the office of administrat…

Sec. 3. The director shall do the following: (1) Supervise the administration and enforcement of the following: (A) This article. (B) The rules adopted under this article. (2) Conduct the necessary investigations and inspections for the proper administration of this article. (3) …

Sec. 4. (a) The director may do the following: (1) Apply for, accept, and use money from any legal source to aid in carrying out the purposes of this article. (2) Conduct research related to coal mining activities. (3) Collect and distribute information relating to mining activit…

Sec. 5. The director may delegate any powers and duties assigned to the director in this article to other employees of the department. [Pre-1995 Recodification Citation: 13-4.1-2-2(c).] As added by P.L.1-1995, SEC.27.

Sec. 6. (a) An employee of the department who has a duty under this article may not have a direct or an indirect financial interest in a surface coal mining operation. (b) In addition to the filings required under IC 35-44.1, each member of the commission shall file annually with…

Sec. 7. (a) After the commission has adopted rules as required by section 1 of this chapter, any person may petition the commission to initiate a proceeding for the adoption, amendment, or repeal of a rule adopted to enforce this article. (b) The petition must set forth facts tha…

Sec. 1. The department may do the following: (1) Conduct geologic investigations, including exploratory drilling, to evaluate the quality and reserves of mineral deposits on land and water of the state. (2) Grant permits for investigations and exploration described in subdivision…

Sec. 2. The fee for a permit issued under this chapter is one hundred dollars ($100). In addition, a permittee must give bond in the amount and with surety approved by the department for full and prompt compliance with the terms and conditions of the permit. [Pre-1995 Recodificat…

Sec. 3. The department shall incorporate in a permit the terms, conditions, and covenants the department considers necessary to protect the public interest and other uses and purposes for which the land is held and used by the state. [Pre-1995 Recodification Citation: 14-3-2-6.1 …

Sec. 1. Notwithstanding any other provision of this chapter, this chapter does not apply to coal mining operations if IC 14-34 is applicable to those operations under IC 14-34-1-4(a) or IC 14-34-1-4(b). [Pre-1995 Recodification Citation: 14-4-2.1-1.5.] As added by P.L.1-1995, SEC…

Sec. 10. The director may: (1) grade, plant, and perform other acts of restoration and reclamation; or (2) contract for the performance of restoration or reclamation work; to the extent and subject to the conditions that state or federal money is appropriated and available. [Pre-…

Sec. 11. After restoration of the acquired land, the department may, with the approval of the governor, transfer jurisdiction of the land or a part of the land to a state agency that can best utilize the land for public purposes. [Pre-1995 Recodification Citation: 14-4-2.1-7.] As…

Sec. 12. (a) If the retention of the land by the department or other state agencies is determined to be impractical, the department may, with the approval of the governor, sell the land: (1) to political subdivisions of the state at the cost of acquisition and restoration; or (2)…

Sec. 2. As used in this chapter, "land" means ground, soil, or solid materials of the earth: (1) disturbed by mining and not reclaimed under: (A) IC 14-34 or IC 13-4.1 (before its repeal); or (B) IC 14-36-1 or IC 13-4-6 (before its repeal); whether or not subject to IC 14-34 or I…

Sec. 3. As used in this chapter, "mining" means the following: (1) Surface mining. (2) Surface coal mining operations. (3) Underground mining. [Pre-1995 Recodification Citation: 14-4-2.1-1(a).] As added by P.L.1-1995, SEC.29.

Sec. 4. As used in this chapter, "reclamation" means rehabilitation under IC 14-36-1. [Pre-1995 Recodification Citation: 14-4-2.1-1(c) part.] As added by P.L.1-1995, SEC.29.

Sec. 5. As used in this chapter, "restore" or "restoration" means rehabilitation under IC 14-36-1. [Pre-1995 Recodification Citation: 14-4-2.1-1(c) part.] As added by P.L.1-1995, SEC.29.

Sec. 6. The department may acquire land by: (1) negotiation; or (2) exercise of the power of eminent domain under IC 32-24-1. [Pre-1995 Recodification Citation: 14-4-2.1-2.] As added by P.L.1-1995, SEC.29. Amended by P.L.2-2002, SEC.65.

Sec. 7. Before acquiring land the department shall extend to the owner of the land a reasonable opportunity to restore the land. If the owner: (1) agrees in writing to perform the restoration; and (2) starts the restoration within ninety (90) days; the land may not be acquired un…

Sec. 8. The determination of the negotiated price or condemnation price is subject to the following: (1) Anticipated costs of reclamation. (2) Cost of abating pollution conditions. [Pre-1995 Recodification Citation: 14-4-2.1-4.] As added by P.L.1-1995, SEC.29.

Sec. 9. The: (1) purchase price, for a negotiated acquisition; or (2) damages as finally determined, for acquisition by condemnation; and the necessary incidental expenses shall be paid from appropriations made by the general assembly or from federal money made available for thes…

Sec. 1. The department shall administer this article. [Pre-1995 Recodification Citation: 13-8-3-1.] As added by P.L.1-1995, SEC.30.

Sec. 2. The commission may delegate any or all of the commission's powers and duties under this article to the director, deputy director, director of the division of reclamation, or other employee of the department. [Pre-1995 Recodification Citation: 13-8-3-6.] As added by P.L.1-…

Sec. 1. This chapter applies to a person who desires to drill at least one (1) test hole: (1) for fluid disposal investigation, mineral resources investigation, engineering projects investigation, or geologic investigation; and (2) to a depth of at least two hundred (200) feet be…

Sec. 10. Upon the completion of drilling, a permittee shall plug and abandon the hole in a manner that confines permanently all fluids or materials in the separate strata originally confining the fluids or materials by the use of mud-laden fluid, cement, or plugs used: (1) singly…

Sec. 11. A permittee may not begin plugging procedures until the permittee has given notice to the commission or the commission's designated representative by personal oral or written notice, telephone, or telegram. [Pre-1995 Recodification Citation: 13-4-5-8 part.] As added by P…

Sec. 12. (a) The commission's designated representative or the authorized representative of the permittee who supervises the plugging of the test hole shall make and furnish to the permittee an affidavit to the effect that the test hole has been plugged and abandoned in accordanc…

Sec. 13. If it appears that a person is violating or is about to violate this chapter or the rules and orders of the commission adopted under this chapter or under IC 13-4-5 (before its repeal), the commission may, in the name of the state of Indiana through the attorney general,…

Sec. 14. The ownership, operation, or other interest by a nonresident or by a nonresident's authorized agent in a test hole in Indiana is considered equivalent to an appointment by the nonresident of the secretary of state to be the nonresident's attorney, upon whom may be served…

Sec. 15. (a) An action against a nonresident may be filed in the county: (1) of residence of the plaintiff; or (2) where the test hole is located; at the election of the plaintiff. (b) Service of process shall be made by leaving a copy of the process, with a fee of two dollars ($…

Sec. 16. (a) This section does not do any of the following: (1) Relieve a person otherwise legally responsible from an obligation to plug, replug, or repair a test hole. (2) Limit the authority of the commission to require the proper plugging, replugging, or repair of a test hole…

Sec. 17. If: (1) an emergency exists; and (2) the department determines that irreparable injury will result unless immediate action is taken; the department may enter or authorize the entry upon the land by order of the department without notice or hearing for the purpose of taki…

Sec. 18. (a) This section applies to a person who: (1) enters upon the land on which a test hole is located to plug, replug, or repair the test hole; or (2) supports or contributes to the action under the authority and in accordance with the order of the department. (b) A person:…

Sec. 19. The fact that a person has initiated or supported a proceeding before the department or has remedied or attempted to remedy the condition of a test hole under this chapter: (1) is not an admission of liability and may not be received in evidence against the person in an …

Sec. 2. It is in the public interest for the state to provide the means whereby test holes for or in connection with fluid disposal investigations, mineral resources investigations, engineering projects investigations, or geologic investigations are drilled, used, and plugged in …