CHAPTER 2. INDIANA HERITAGE TRUST PROGRAM
IC 14-12-2
Chapter 2. Indiana Heritage Trust Program
IC 14-12-2-1
Purpose of program
Sec. 1. (a) The purpose of the Indiana heritage trust program andthis chapter is to acquire real property or interests in real propertythat:
(1) is an example of outstanding natural features and habitats;
(2) has historical and archeological significance; and
(3) provides areas for conservation, recreation, and therestoration of native biological diversity.
(b) The Indiana heritage trust program shall acquire real propertyfor new and existing state parks, state forests, nature preserves, fishand wildlife areas, wetlands, trails, and river corridors. The programshall ensure that Indiana's rich natural heritage is preserved orenhanced for succeeding generations.
(c) It is not the purpose of the Indiana heritage trust program toacquire property for resale to the federal government. However, thesale of property acquired under this chapter to the federalgovernment is not prohibited.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-2
"Fund" defined
Sec. 2. As used in this chapter, "fund" refers to the Indianaheritage trust fund established by this chapter.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-3
"Person" defined
Sec. 3. As used in this chapter, "person" means an individual, apartnership, an association, a limited liability company, acorporation, an estate, a trust, or a governmental entity.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-4
"Project" defined
Sec. 4. As used in this chapter, "project" means an undertakingthat:
(1) furthers the purposes of this chapter;
(2) involves the acquisition of property for new and existingstate parks, state historic or archeological sites, state forests,nature preserves, fish and wildlife areas, wetlands, trails, orriver corridors; and
(3) is eligible to receive an expenditure from the fund.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-5
"Project committee" defined Sec. 5. As used in this chapter, "project committee" refers to theIndiana heritage trust project committee established by this chapter.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-6
"Property" defined
Sec. 6. As used in this chapter, "property" means an interest inreal property. The term includes the following:
(1) Ownership in fee simple.
(2) Conservation easements.
(3) Leaseholds.
(4) Management rights.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-7
"Trust committee" defined
Sec. 7. As used in this chapter, "trust committee" refers to theIndiana heritage trust committee established by this chapter.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-8
Trust committee; establishment and members
Sec. 8. (a) The Indiana heritage trust committee is established.
(b) The trust committee consists of the following seventeen (17)members:
(1) The twelve (12) members of the natural resourcesfoundation under IC 14-12-1-5.
(2) Two (2) members of the senate appointed by the presidentpro tempore of the senate with advice from the minority leaderof the senate.
(3) Two (2) members of the house of representatives appointedby the speaker of the house of representatives with advice fromthe minority leader of the house of representatives.
(4) The treasurer of state or the treasurer's designee.
As added by P.L.1-1995, SEC.5. Amended by P.L.181-1995, SEC.1.
IC 14-12-2-9
Trust committee; chairman
Sec. 9. The chairman of the foundation is the chairman of the trustcommittee.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-10
Trust committee; meetings
Sec. 10. The trust committee shall meet at least annually and atthe call of the chairman.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-11
Trust committee; quorum Sec. 11. (a) Nine (9) voting members of the trust committeeconstitute a quorum.
(b) The affirmative vote of nine (9) of the members of the trustcommittee is necessary for the trust committee to take any action.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-12
Trust committee; purpose
Sec. 12. The purpose of the trust committee is to determinewhether proposed projects under this chapter should be approved andto perform other duties given to the trust committee by this chapter.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-13
Trust committee; budget
Sec. 13. Based upon recommendations from the projectcommittee, the trust committee shall, before the end of each statefiscal year, prepare a budget for expenditures from the fund for thefollowing state fiscal year. The budget must contain priorities forexpenditures from the fund to accomplish the projects that have beenapproved by the governor under this chapter. The budget shall besubmitted to the governor.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-14
Project committee; establishment and members
Sec. 14. (a) The Indiana heritage trust project committee isestablished.
(b) The project committee consists of the following sixteen (16)members:
(1) The director of the division of fish and wildlife.
(2) The director of the division of forestry.
(3) The director of the division of nature preserves.
(4) The director of the division of state parks.
(5) The director of the division of outdoor recreation.
(6) The director of the division of state museums and historicsites.
(7) Ten (10) individuals appointed by the governor. Thegovernor shall appoint individuals so that all the following aresatisfied:
(A) The individuals must be residents of Indiana.
(B) The individuals must have a demonstrated interest orexperience in:
(i) conservation of natural resources; or
(ii) management of public property.
(C) Each Indiana congressional district must be representedby at least one (1) individual who is a resident of thatcongressional district.
(D) The individuals must represent the following:
(i) The environmentalist community. (ii) The academic community.
(iii) Organized hunting and fishing groups.
(iv) The forest products community.
(v) The parks and recreation community.
As added by P.L.1-1995, SEC.5. Amended by P.L.170-2002, SEC.92.
IC 14-12-2-15
Project committee; terms of members
Sec. 15. (a) As used in this section, "member" refers to a memberof the project committee under section 14(b)(7) of this chapter.
(b) The term of a member begins on the later of the following:
(1) The day the term of the member who the individual isappointed to succeed expires.
(2) The day the individual is appointed by the governor.
(c) The term of a member expires July 1 of the second year afterthe member is appointed. However, a member serves at the pleasureof the governor.
(d) The governor may reappoint a member for a new term.
(e) The governor shall appoint an individual to fill a vacancyamong the members.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-16
Project committee; chairman
Sec. 16. The governor shall appoint the chairman of the projectcommittee from among the members of the committee.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-17
Project committee; meetings
Sec. 17. (a) The project committee shall meet at least quarterlyand at the call of the chairman.
(b) The project committee may convene a meeting at any locationin Indiana.
(c) The project committee shall plan and conduct meetings in amanner that promotes broad public participation and ensures that theviews of the members of the public attending the meetings may befairly presented.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-18
Project committee; quorum
Sec. 18. (a) Nine (9) members of the project committee constitutea quorum.
(b) The affirmative vote of nine (9) members of the projectcommittee is necessary for the project committee to take any action.
(c) A member of the project committee who is a division directormay designate in writing a representative from the respectivedivision of the department to serve as a member of the projectcommittee when the member of the project committee is unable to
attend a meeting.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-19
Project committee; purpose
Sec. 19. The purpose of the project committee is to do thefollowing:
(1) Propose projects to the trust committee under this chapter.
(2) Provide technical advice and assistance to the trustcommittee.
(3) Before the end of each state fiscal year, propose a budget forexpenditures from the fund for the following state fiscal year.The budget must contain priorities for expenditures toaccomplish projects that have been approved by the governorunder this chapter. The proposed budget shall be submitted tothe trust committee.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-20
Per diem compensation and traveling expenses
Sec. 20. (a) As used in this section, "member" refers to a memberof the following:
(1) The trust committee.
(2) The project committee.
(b) Each member who is not a state employee is entitled to theminimum salary per diem provided by IC 4-10-11-2.1(b). Themember is also entitled to reimbursement for traveling expenses asprovided under IC 4-13-1-4 and other expenses actually incurred inconnection with the member's duties as provided in the state policiesand procedures established by the Indiana department ofadministration and approved by the budget agency.
(c) Each member who is a state employee is entitled toreimbursement for traveling expenses as provided under IC 4-13-1-4and other expenses actually incurred in connection with the member'sduties as provided in the state policies and procedures established bythe Indiana department of administration and approved by the budgetagency.
(d) Each member who is a member of the general assembly isentitled to receive the same per diem, mileage, and travel allowancespaid to members of the general assembly serving on interim studycommittees established by the legislative council.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-21
Procedure for acquisition of property
Sec. 21. (a) The following procedure must be followed before thedepartment may acquire property under this chapter:
(1) The project committee must propose a project to the trustcommittee.
(2) The trust committee must approve the project proposed by
the project committee, with or without modifications, andrecommend the project to the governor for approval.
(3) The governor must approve the project as recommended bythe trust committee and inform the director of the department ofthe governor's approval.
(b) When the procedure under subsection (a) is completed, thedepartment shall acquire the property subject to the project accordingto Indiana law.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-22
Management of property
Sec. 22. Property acquired by the state under this chapter may bemanaged by any of the following:
(1) The department.
(2) A person with whom the department enters into amanagement agreement under rules adopted under section 34 ofthis chapter.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-23
Eminent domain precluded
Sec. 23. Eminent domain may not be used to acquire propertyunder this chapter.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-24
Strategic plan
Sec. 24. The trust committee shall, with the assistance of theproject committee and the department, adopt and make available tothe public a strategic plan to implement the purposes of this chapter.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-25
Fund; establishment
Sec. 25. (a) The Indiana heritage trust fund is established for thepurpose of purchasing property as provided in this chapter.
(b) The fund consists of the following:
(1) Appropriations made by the general assembly.
(2) Interest as provided in subsection (e).
(3) Fees from environmental license plates issued underIC 9-18-29.
(4) Money donated to the fund.
(5) Money transferred to the fund from other funds.
(c) The department shall administer the fund.
(d) The expenses of administering the fund and this chapter shallbe paid from the fund.
(e) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public trust funds are invested. Interest that accrues
from these investments shall be deposited in the fund.
(f) An appropriation made by the general assembly to the fundshall be allotted and allocated at the beginning of the fiscal period forwhich the appropriation was made.
(g) Money in the fund at the end of a state fiscal year does notrevert to the state general fund or any other fund.
(h) Subject to this chapter, there is annually appropriated to thedepartment all money in the fund for the purposes of this chapter.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-26
Fund; accounts
Sec. 26. The following accounts are established within the fund:
(1) The state parks account. Money in this account may be usedonly to purchase property for state park purposes.
(2) The state forests account. Money in this account may beused only to purchase property for state forest purposes.
(3) The nature preserves account. Money in this account may beused only to purchase property for nature preserve purposes.
(4) The fish and wildlife account. Money in this account may beused only to purchase property for fish or wildlife managementpurposes.
(5) The outdoor recreation account. Money in this account maybe used only to purchase property for outdoor recreation,historic site, or archeological site purposes.
(6) The stewardship account. Money in this account may beused only for the following purposes:
(A) Maintenance of property acquired under this chapter.
(B) Costs of removal of structures, debris, and other propertythat is unsuitable for the intended use of the property to beacquired.
(C) Costs of site preparation related to any of the following:
(i) The public use of the property, such as fences, restrooms, public ways, trails, and signs.
(ii) Protecting or preserving the property's naturalenvironment.
(iii) Returning the property to the property's natural state.
(D) Not more than ten percent (10%) of the money in theaccount for the promotion of the purposes of the Indianaheritage trust program.
(7) The discretionary account. Subject to section 31 of thischapter, money in this account may be used for any purpose forwhich the accounts listed in subdivisions (1) through (6) may beused.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-27
Fund allocations to stewardship account
Sec. 27. Five percent (5%) of the money appropriated to the fundshall be allotted to the stewardship account established by section
26(6) of this chapter.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-28
Fund; other allotments
Sec. 28. After the allotment required under section 27 of thischapter has been made, the following allotments shall be made:
(1) Ten percent (10%) of the balance shall be allotted to eachaccount listed in section 26(1) through 26(5) of this chapter.
(2) Fifty percent (50%) of the balance shall be allotted to theaccount listed in section 26(7) of this chapter.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-29
Fund; balance in accounts not reverting to fund
Sec. 29. The balance in an account listed in section 26 of thischapter on June 30 of a year does not revert to the fund on thefollowing July 1.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-30
Fund; use of money in accounts
Sec. 30. (a) Money in the accounts of the fund, other than thestewardship account, may be used for the following:
(1) Acquisition costs, such as costs of surveying, title insurance,and other activities associated with the transfer of title toproperty.
(2) Costs of services and expenses related to acquisition, suchas engineering, appraisal, environmental, accounting, projectdevelopment, and legal services and expenses.
(b) Money in the fund may not be used for the following:
(1) The costs of construction of structures other than thoseauthorized under section 26(6) of this chapter.
(2) The costs of removal (as defined in IC 13-11-2-187) andremedial action (as defined in IC 13-11-2-185) relating tohazardous substances (as defined in IC 13-11-2-98).
(3) The costs of wastewater treatment.
As added by P.L.1-1995, SEC.5. Amended by P.L.1-1996, SEC.62.
IC 14-12-2-31
Fund; matching money or value for expenditures
Sec. 31. (a) As used in this section, "eligible cost" refers to a costlisted in section 30(a) of this chapter.
(b) Expenditures from the discretionary account may only bemade to the extent that, for every three dollars ($3) to be expendedfrom that account for an approved project, at least one dollar ($1) inmatching money or value is provided for an approved project fromnonstate sources or from the foundation.
(c) In determining whether sufficient matching money or valuehas been provided, the trust committee shall consider the following
to be matching value:
(1) The value, as determined by the trust committee, of propertyand eligible costs related to the acquisition donated to thedepartment for an approved project.
(2) The value, as determined by the trust committee, ofimprovements to property in an approved project, such asreforestation, reclamation, and other efforts that, in a mannersatisfactory to the trust committee, preserve the property orrestore the property to a more natural state.
(3) The value, as determined by the trust committee, of thededication of, other restriction on, or improvements to propertyadjoining an approved project for conservation purposes, in amanner satisfactory to the trust committee.
(4) The value, as determined by the trust committee, of otherreal property:
(A) held by a nonprofit corporation, the federal government,or local government; and
(B) used for the benefit of property in an approved project,with restrictions on the use of the property, such asdedication as a nature preserve, in a manner satisfactory tothe trust committee.
(5) Distributions of federal revenues directly to the fund orthrough the state that are used for an approved project.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-32
Fund; coordination of expenditures
Sec. 32. Expenditures from the fund shall be coordinated withexpenditures by the foundation from the Indiana natural resourcesfund established by IC 14-12-1-11.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-33
Annual report
Sec. 33. Before October 1 of each year, the trust committee shallprepare a report concerning the program established by this chapterfor the public and the general assembly. A report prepared for thegeneral assembly must be in an electronic format under IC 5-14-6.
As added by P.L.1-1995, SEC.5. Amended by P.L.28-2004, SEC.126.
IC 14-12-2-34
Adoption of rules
Sec. 34. The commission may adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.1-1995, SEC.5.
IC 14-12-2-35
Fish and wildlife land acquisition stamps
Sec. 35. (a) The department shall produce and make available forsale a voluntary fish and wildlife land acquisition stamp. (b) The department shall determine the form and design of thestamp. A new design shall be adopted for the stamp each year.
(c) The stamp shall be:
(1) offered for sale by the department; and
(2) distributed to license agents authorized to sell licenses underIC 14-22 for sale by those agents.
(d) The price of each stamp is five dollars ($5). A license agentwho sells a stamp may charge and retain an additional fifty cents($0.50) as a fee for selling the stamp.
(e) A license agent selling stamps under this section shall, notlater than five (5) days after the close of each quarter:
(1) report to the director of the department:
(A) the number of stamps sold by the agent during thepreceding quarter; and
(B) the number of unsold stamps remaining in the possessionof the agent; and
(2) remit all money collected for the stamps, minus the feesprovided for in subsection (d), to the department.
(f) The money collected by the department from the sale of thestamps shall be deposited in the fish and wildlife account establishedwithin the Indiana heritage trust fund by section 26(4) of this chapter.
As added by P.L.182-1995, SEC.1.