CHAPTER 1. DIVISION OF HISTORIC PRESERVATION AND ARCHEOLOGY
IC 14-21
ARTICLE 21. HISTORIC PRESERVATION ANDARCHEOLOGY
IC 14-21-1
Chapter 1. Division of Historic Preservation and Archeology
IC 14-21-1-1
Applicability of chapter
Sec. 1. This chapter does not apply to the human remains ofindividuals who die after December 31, 1939.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-2
"Artifact" defined
Sec. 2. As used in this chapter, "artifact" means:
(1) a feature that is:
(A) nonportable evidence of past human behavior or activity;
(B) found on or in the ground, including structural remains;and
(C) formed before December 31, 1870; or
(2) an object made, modified, or used before December 31,1870.
As added by P.L.1-1995, SEC.14. Amended by P.L.26-2008, SEC.2.
IC 14-21-1-3
"Burial ground" defined
Sec. 3. (a) As used in this chapter, "burial ground" means groundin which human remains are buried, including the surrounding areathat is either:
(1) marked by a permanent visible boundary, including a fenceor wall; or
(2) if there is not a permanent visible boundary, determined bythe department based on records or surveys of the landcontaining the historic or prehistoric site in which humanremains, mounds, or burial objects are reported to occur.
(b) The term includes the following:
(1) The land associated with or incidental to the burial ofhuman remains.
(2) Subject to section 1 of this chapter, historic cemeteries orland with human remains buried before January 1, 1940.
As added by P.L.1-1995, SEC.14. Amended by P.L.26-2008, SEC.3.
IC 14-21-1-4
"Burial object" defined
Sec. 4. As used in this chapter, "burial object" means any itemintentionally placed in a burial ground at or near the time of burial.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-5 "Council" defined
Sec. 5. As used in this chapter, "council" refers to the advisorycouncil established by IC 14-9-6-1.
As added by P.L.1-1995, SEC.14. Amended by P.L.95-2006, SEC.8.
IC 14-21-1-6
Repealed
(Repealed by P.L.85-2008, SEC.6.)
IC 14-21-1-7
"Human remains" defined
Sec. 7. As used in this chapter, "human remains" means any partof the body of a human being in any:
(1) stage of decomposition; or
(2) state of preservation.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-8
"Plan", "archeological plan", and "development plan" defined
Sec. 8. (a) As used in this chapter, "plan" refers to:
(1) an archeological plan, as described in subsection (b); or
(2) a development plan, as described in subsection (c).
(b) As used in this chapter, "archeological plan" means a plan forthe systematic recovery, analysis, and disposition by scientificmethods of material evidence and information about the life andculture in past ages.
(c) As used in this chapter, "development plan" means:
(1) a plan for the erection, alteration, or repair of any structure;or
(2) a plan for the excavation or the covering of any groundrelated to construction.
As added by P.L.1-1995, SEC.14. Amended by P.L.46-2000, SEC.7;P.L.26-2008, SEC.4.
IC 14-21-1-9
"Register" defined
Sec. 9. As used in this chapter, "register" refers to the register ofIndiana historic sites and historic structures established under thischapter.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-10
"Review board" defined
Sec. 10. As used in this chapter, "review board" refers to thehistoric preservation review board established by this chapter.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-10.4
"State college or university project" defined
Sec. 10.4. As used in this chapter, "state college or university
project" means a project of a state college or university that involvesthe construction, renovation, or demolition of one (1) or morebuildings.
As added by P.L.135-1996, SEC.2.
IC 14-21-1-11
Administration and development of programs and policies
Sec. 11. The division of historic preservation and archeology shalladminister and develop the programs and policies established by thischapter.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-12
Duties of division
Sec. 12. The division shall do the following:
(1) Develop a program of historical, architectural, andarcheological research and development, including continuingsurveys, excavations, scientific recording, interpretation, andpublication of the state's historical, architectural, andarcheological resources.
(2) Prepare a preservation plan for the state that establishesplanning guidelines to encourage the continuous maintenanceand integrity of historic sites and historic structures. However,the plan is not effective until the plan has been:
(A) presented to the council for review and comment; and
(B) approved by the review board after public hearing.
(3) Undertake the action necessary to qualify the state forparticipation in sources of federal aid to further the purposesstated in subdivisions (1) and (2).
(4) Provide information on historic sites and structures withinIndiana to federal, state, and local governmental agencies,private individuals, and organizations.
(5) Advise and coordinate the activities of local historicalassociations, historic district commissions, historiccommissions, and other interested groups or persons.
(6) Provide technical and financial assistance to local historicalassociations, historic district commissions, historiccommissions, and other interested groups or persons.
(7) Review environmental impact statements as required byfederal and state law for actions significantly affecting historicproperties.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-13
Powers of division
Sec. 13. The division may do the following:
(1) Recommend the purchase, lease, or gift of historic propertyof archeological importance and make recommendations to thedirector, council, and commission regarding policies affectingthe operation and administration of these sites and structures by
the section of historic sites of the division of state museums andhistoric sites.
(2) Prepare and review planning and research studies relating toarcheology.
(3) Conduct a program of education in archeology, either withinthe division or in conjunction with a postsecondary educationalinstitution.
(4) Inspect and supervise an archeological field investigationauthorized by this chapter.
As added by P.L.1-1995, SEC.14. Amended by P.L.2-2007, SEC.169.
IC 14-21-1-13.5
Survey and registry of Indiana burial grounds
Sec. 13.5. (a) The division may conduct a program to survey andregister in a registry of Indiana cemeteries and burial grounds that thedivision establishes and maintains all cemeteries and burial groundsin each county in Indiana. The division may conduct the programalone or by entering into an agreement with one (1) or more of thefollowing entities:
(1) The Indiana Historical Society established under IC 23-6-3.
(2) A historical society (as defined in IC 36-10-13-3).
(3) The Historic Landmarks Foundation of Indiana.
(4) A professional archeologist or historian associated with apostsecondary educational institution.
(5) A township trustee.
(6) Any other entity that the division selects.
(b) In conducting a program under subsection (a), the divisionmay receive gifts and grants under terms, obligations, and liabilitiesthat the director considers appropriate. The director shall use a giftor grant received under this subsection:
(1) to carry out subsection (a); and
(2) according to the terms of the gift or grant.
(c) At the request of the director, the auditor of state shallestablish a trust fund for purposes of holding money received undersubsection (b).
(d) The director shall administer a trust fund established bysubsection (c). The expenses of administering the trust fund shall bepaid from money in the trust fund.
(e) The treasurer of state shall invest the money in the trust fundestablished by subsection (c) that is not currently needed to meet theobligations of the trust fund in the same manner as other public trustfunds may be invested. The treasurer of state shall deposit in the trustfund the interest that accrues from the investment of the trust fund.
(f) Money in the trust fund at the end of a state fiscal year doesnot revert to the state general fund.
(g) Nothing in this section may be construed to authorize violationof the confidentiality of information requirements of 16 U.S.C.470w-3 and 16 U.S.C. 470hh.
(h) The division may record in each county recorder's office thelocation of each cemetery and burial ground located in that county.As added by P.L.46-2000, SEC.8. Amended by P.L.177-2001, SEC.2;P.L.1-2005, SEC.143; P.L.1-2007, SEC.128; P.L.2-2007, SEC.170;P.L.3-2008, SEC.101.
IC 14-21-1-14
Duties upon proposed transfers of property by the state
Sec. 14. (a) This section does not apply to real property that isowned by a state educational institution.
(b) The Indiana department of administration shall notify thedivision of a proposed transfer of real property owned by the state atthe earliest planning stage and no later than ninety (90) days beforethe date of the proposed transfer.
(c) The division shall inspect the property and notify the Indianadepartment of administration of the location of each historic site orhistoric structure on the property.
(d) Real property owned by the state may not be sold ortransferred until the division has stated in writing that the propertydoes not, to the best of the division's knowledge, contain a historicsite or historic structure.
(e) If the Indiana department of administration receives notice ofa historic site or historic structure on the property, the Indianadepartment of administration shall reserve control of the appropriatehistoric property by means of a covenant or an easement containedin the transferring instrument.
(f) The division of state museums and historic sites shalladminister property reserved under subsection (e).
As added by P.L.1-1995, SEC.14. Amended by P.L.135-1996, SEC.3;P.L.2-2007, SEC.171.
IC 14-21-1-15
Duties regarding registers and federal preservation grants
Sec. 15. The division shall do the following:
(1) Undertake a statewide survey to identify and documenthistoric sites and historic structures.
(2) Prepare and maintain a register of Indiana historic sites andhistoric structures and establish criteria for the listing of historicsites and historic structures on the register.
(3) Maintain the Indiana part of the National Register ofHistoric Places under 16 U.S.C. 470 et seq.
(4) Administer the federal preservation grants program under 16U.S.C. 470 et seq.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-16
Field investigations or alteration of historic property withoutpermit
Sec. 16. Except as provided in section 18 and sections 25 through27 of this chapter, a person who knowingly, without a permit,conducts a field investigation or alters historic property within theboundaries of property owned or leased by the state commits a Class
A misdemeanor.
As added by P.L.1-1995, SEC.14. Amended by P.L.54-1997, SEC.7.
IC 14-21-1-17
Additions to or removals from register
Sec. 17. (a) Any person may nominate a site or structure foraddition to or removal from the register. Upon approval of thenomination by the division, all affected persons shall be notified.
(b) If an objection to the action is not filed with the divisionwithin thirty (30) days after the notification date, the nomination isautomatically approved.
(c) If an objection is received within thirty (30) days, a designatedmember of the review board shall hold a hearing and make adetermination. The review board shall make the final decisionregarding a nomination, subject to administrative review by thecommission under IC 4-21.5.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-18
Alteration of historic sites or structures; certificate of approval;exceptions; survey of historic sites and structures; reports
Sec. 18. (a) A:
(1) historic site or historic structure owned by the state; or
(2) historic site or historic structure listed on the state ornational register;
may not be altered, demolished, or removed by a project funded, inwhole or in part, by the state unless the review board has granted acertificate of approval.
(b) An application for a certificate of approval:
(1) must be filed with the division; and
(2) shall be granted or rejected by the review board after apublic hearing.
(c) Subsections (a) and (b) do not apply to real property that isowned by a state educational institution.
(d) The commission for higher education and each stateeducational institution, in cooperation with the division of historicpreservation and archeology, shall develop and continually maintaina survey of historic sites and historic structures owned by the stateeducational institution. Historic sites and historic structures includebuildings, structures, outdoor sculpture, designed landscapes,gardens, archeological sites, cemeteries, campus plans, and historicdistricts. A survey developed under this subsection must conformwith the Indiana Historic Sites and Structures Survey Manual.
(e) The state historic preservation officer no later than one (1)year after receipt of a ten (10) year capital plan underIC 14-21-1-18.5 shall:
(1) review a proposed state educational institution project thatinvolves a historic site or historic structure owned by a stateeducational institution; and
(2) submit an advisory report to the commission for higher
education, the state educational institution, and the generalassembly. An advisory report submitted under this subdivisionto the general assembly must be in an electronic format underIC 5-14-6.
(f) Not more than thirty (30) days after a state educationalinstitution, under section 18.6 of this chapter, submits to the divisiona description of a proposed project that involves the substantialalteration, demolition, or removal of a historic site or historicstructure, the state historic preservation officer shall:
(1) review the description of the proposed project; and
(2) submit to the state educational institution an advisory reportconcerning the proposed project.
The state educational institution shall review and consider theadvisory report before proceeding with the substantial alteration,demolition, or removal of a historic site or historic structure.
As added by P.L.1-1995, SEC.14. Amended by P.L.135-1996, SEC.4;P.L.54-1997, SEC.8; P.L.28-2004, SEC.130; P.L.2-2007, SEC.172.
IC 14-21-1-18.5
State college or university to submit copy of capital plan regardingalteration or demolition of historic sites or structures
Sec. 18.5. When submitting its biennial budget request, a stateeducational institution must:
(1) submit to the division of historic preservation andarcheology of the department of natural resources a copy of anyten (10) year capital plan of the state educational institution thatis required by the budget agency or the commission for highereducation; and
(2) identify the projects included in the capital plan that mayinvolve the alteration or demolition of historic sites orstructures.
As added by P.L.135-1996, SEC.5. Amended by P.L.2-2007,SEC.173.
IC 14-21-1-18.6
Alteration of historic sites or structures not identified in capitalplan; submission of description; publication of notice
Sec. 18.6. (a) As used in this section, "substantial alteration"means a conspicuous, exterior material change in a historic site orhistoric structure which, in the good faith judgment of a state collegeor university, affects the historic character of the historic site orhistoric structure.
(b) If a proposed project of a state educational institution:
(1) involves the substantial alteration, demolition, or removal ofa historic site or historic structure; and
(2) is not identified in a capital plan submitted to the divisionunder section 18.5 of this chapter;
the state educational institution shall submit a description of theproposed project to the division and publish a notice describing theproject one (1) time in a newspaper of general circulation in the
county in which the proposed project is located. The submission ofthe description and the publication of the notice must be at leastthirty (30) days before the commencement of the proposed project.
As added by P.L.54-1997, SEC.9. Amended by P.L.2-2007, SEC.174.
IC 14-21-1-19
Director as state historic preservation officer
Sec. 19. The director is designated as the state historicpreservation officer.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-20
Review board; establishment; members
Sec. 20. (a) The historic preservation review board is established.
(b) The review board consists of nine (9) members as follows:
(1) The director.
(2) At least five (5) individuals meeting minimum professionalrequirements established by the United States Department ofthe Interior in 36 CFR, Part 61, as in effect on January 1, 1984.
(3) Professionals in the following disciplines:
(A) History.
(B) Prehistoric or historic archeology.
(C) Architecture or historical architecture.
(c) The division director is a nonvoting advisor to the reviewboard entitled to attend and participate in the proceedings of allmeetings of the review board.
(d) The director shall, with the concurrence of the governor,appoint the members of the review board under subsection (b)(2) and(b)(3) for terms of three (3) years. The terms shall be staggered sothat the terms of two (2) or three (3) members expire each year. Amember may be reappointed.
(e) Appointments to the review board shall be made in accordancewith 36 CFR, Part 60, and 36 CFR, Part 61, as in effect on January1, 1984.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-21
Review board; chairman
Sec. 21. The director is chairman of the review board. The reviewboard may select other officers that the review board determines.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-22
Review board; duties
Sec. 22. (a) The review board shall carry out the duties:
(1) required by this chapter; and
(2) as required under 16 U.S.C. 470 et seq. and the regulationsrelating to 16 U.S.C. 470 et seq.
(b) The review board shall also advise the division and thedepartment as requested by the director.As added by P.L.1-1995, SEC.14.
IC 14-21-1-23
Review board; per diem compensation and traveling expenses
Sec. 23. (a) Each member of the review board who is not a stateemployee is entitled to the minimum salary per diem as provided inIC 4-10-11-2.1(b) for each day that the member is engaged in theofficial business of the committee. The member is also 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.
(b) Each member of the review board who is a state employee isentitled to reimbursement for traveling expenses as provided underIC 4-13-1-4 and other expenses actually incurred in connection withthe member's duties as provided in the state policies and proceduresestablished by the Indiana department of administration andapproved by the budget agency.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-24
Applicability of statutes regarding disturbance of grounds
Sec. 24. (a) As used in this section, "agricultural purpose"includes farming, dairying, pasturage, agriculture, horticulture,floriculture, viticulture, ornamental horticulture, olericulture,pomiculture, animal husbandry, and poultry husbandry.
(b) Sections 25, 26, 28, and 29 of this chapter do not apply to thefollowing:
(1) Surface coal mining regulated under IC 14-34.
(2) Cemeteries and human remains subject to IC 23-14.
(3) Disturbing the earth for an agricultural purpose.
(4) Collecting any object other than human remains that isvisible in whole or in part on the surface of the ground,regardless of the time the object was made or shaped.
(5) Qualified professional archeologists, as determined by thedepartment, who conduct phase 1a archeological surveysaccording to guidelines adopted by the department.
As added by P.L.1-1995, SEC.14. Amended by P.L.26-2008, SEC.5.
IC 14-21-1-25
Rules concerning standards for plans; action on submitted plans
Sec. 25. (a) The commission shall adopt rules establishingstandards for plans.
(b) With respect to archeological plans, the rules must impose astandard of conduct that does the following:
(1) Promotes the scientific investigation and conservation ofpast cultures.
(2) Considers the interests and expertise of amateurarcheologists and professional archeologists. (c) With respect to development plans, the rules must impose astandard of conduct that preserves and protects both of the following:
(1) The rights and interests of landowners.
(2) The sensitivity of human beings for treating human remainswith respect and dignity, as determined by the commission.
(d) Subject to subsection (e), plans required under this chaptermust be submitted to the department for approval according to rulesadopted by the commission.
(e) Proposed plans submitted to the department must be:
(1) approved;
(2) denied; or
(3) held because of the need for additional information;
by the department not more than sixty (60) days after the date ofsubmission. If the department does not take any action on the planwithin the time required by this subsection, the plan is considered tobe approved, unless approval is prohibited under a state or federallaw. If the department requests additional information undersubdivision (3), the department shall approve or deny the resubmittedplan not more than thirty (30) days after the resubmitted plan isreceived.
As added by P.L.1-1995, SEC.14. Amended by P.L.46-2000, SEC.9;P.L.26-2008, SEC.6.
IC 14-21-1-25.5
Notice of discovered burial ground; recommendations
Sec. 25.5. (a) If a Native American Indian burial ground isdiscovered, the department shall immediately provide notice to theNative American Indian affairs commission established byIC 4-4-31.4.
(b) If Native American Indian human remains are removed froma burial ground, the department shall provide the following to theNative American Indian affairs commission:
(1) Any written findings or reports that result from the analysisand study of the human remains.
(2) Written notice to the Native American Indian affairscommission that the analysis and study of the human remainsare complete.
(c) After receiving written notice under subsection (b)(2), theNative American Indian affairs commission shall makerecommendations to the department regarding the final dispositionof the Native American Indian human remains.
As added by P.L.283-2003, SEC.2.
IC 14-21-1-26
Disturbing ground to discover artifacts, burial objects, or humanremains; penalty
Sec. 26. (a) A person who disturbs the ground for the purpose ofdiscovering, uncovering, or moving artifacts, burial objects, orhuman remains must do so in accordance with a plan approved by thedepartment under section 25 of this chapter or under IC 14-3-3.4-14
(before its repeal).
(b) A person who recklessly, knowingly, or intentionally violatesthis section commits the following:
(1) A Class A misdemeanor, if the violation does not involvedisturbing human remains.
(2) A Class D felony, if the violation involves disturbing humanremains.
As added by P.L.1-1995, SEC.14. Amended by P.L.26-2008, SEC.7.
IC 14-21-1-26.5
Development plan requirements; penalty
Sec. 26.5. (a) Notwithstanding IC 23-14-44-1, this section doesnot apply to the following:
(1) A public utility (as defined in IC 8-1-2-1(a)).
(2) A corporation organized under IC 8-1-13.
(3) A municipally owned utility (as defined in IC 8-1-2-1(h)).
(4) A surface coal mining and reclamation operation permittedunder IC 14-34.
(b) Except as provided in this subsection and subsections (c) and(d), a person may not disturb the ground within one hundred (100)feet of a burial ground for the purpose of excavating or covering overthe ground or erecting, altering, or repairing any structure withouthaving a development plan approved by the department under section25 of this chapter or in violation of a development plan approved bythe department under section 25 of this chapter. The department mustreview the development plan as required by section 25(e) of thischapter.
(c) A development plan:
(1) must be approved if a person intends to:
(A) excavate or cover over the ground; or
(B) construct a new structure or alter or repair an existingstructure;
that would impact the burial ground or cemetery; and
(2) is not required if a person intends to:
(A) excavate or cover over the ground; or
(B) erect, alter, or repair an existing structure;
for an incidental or existing use that would not impact the burialground or cemetery.
(d) A development plan for a governmental entity to disturbground within one hundred (100) feet of a burial ground must beapproved as follows:
(1) A development plan of a municipality requires approval ofthe executive of the municipality and does not require theapproval of the department. However, if the burial ground orcemetery is located outside the municipality, approval is alsorequired by the executive of the county where the burial groundor cemetery is located. A county cemetery commissionestablished under IC 23-14-67-2 may advise the executive of themunicipality on whether to approve a development plan.
(2) A development plan of a governmental entity other than: (A) a municipality; or
(B) the state;
requires the approval of the executive of the county where thegovernmental entity is located and does not require the approvalof the department. However, if the governmental entity islocated in more than one (1) county, only the approval of theexecutive of the county where the burial ground or cemetery islocated is required. A county cemetery commission establishedunder IC 23-14-67-2 may advise the county executive onwhether to approve a development plan.
(3) A development plan of the state requires the approval of thedepartment.
(e) If a burial ground is within an archeological site, anarcheological plan is required to be part of the development plan.
(f) A person who recklessly, knowingly, or intentionally violatesthis section commits a Class A misdemeanor. However, the offenseis a Class D felony if the person disturbs buried human remains orgrave markers while committing the offense.
As added by P.L.46-2000, SEC.10. Amended by P.L.177-2001,SEC.3; P.L.26-2008, SEC.8.
IC 14-21-1-27
Duties when buried human remains or burial grounds aredisturbed; penalty
Sec. 27. (a) A person who disturbs buried human remains orburial grounds shall do the following:
(1) Notify the department within two (2) business days of thetime of the disturbance.
(2) Treat or rebury the human remains in a manner and placeaccording to rules adopted by the commission or a court orderand permit issued by the state department of health underIC 23-14-57.
(b) A person who recklessly, knowingly, or intentionally violatesthis section commits a Class A misdemeanor.
As added by P.L.1-1995, SEC.14. Amended by P.L.52-1997, SEC.4;P.L.14-2000, SEC.38; P.L.26-2008, SEC.9.
IC 14-21-1-28
Penalty for disturbing human remains or grave markers
Sec. 28. A person who recklessly, knowingly, or intentionallydisturbs human remains or grave markers while moving, uncovering,or removing artifacts or burial objects either:
(1) without a plan approved by the department under:
(A) section 25 of this chapter; or
(B) IC 14-3-3.4-14 (before its repeal); or
(2) in violation of such a plan;
commits a Class D felony.
As added by P.L.1-1995, SEC.14. Amended by P.L.26-2008, SEC.10.
IC 14-21-1-29 Duty upon discovering artifacts or burial objects; penalty
Sec. 29. (a) A person who discovers, uncovers, or moves anartifact or burial object while disturbing the ground for a purposeother than the discovery, uncovering, or moving of artifacts or burialobjects shall do the following:
(1) Immediately cease disturbing the ground and the area withinone hundred (100) feet of the artifact or burial object.
(2) Notify the department within two (2) business days after thetime of the disturbance.
(b) After notification under subsection (a), the department may doany of the following:
(1) Authorize the person to continue the ground disturbingactivity, with or without conditions.
(2) Require that continued ground disturbance activity beconducted only in accordance with an approved plan. However,this subdivision does not apply after ten (10) business daysfrom the date that the department receives notice.
(c) A person who violates subsection (a) commits a Class Ainfraction.
As added by P.L.1-1995, SEC.14. Amended by P.L.26-2008, SEC.11.
IC 14-21-1-30
Amateur groups encouraged to establish codes of ethics
Sec. 30. The department shall actively encourage all groups ofamateur archeologists to establish and maintain a code of ethics as aminimum guide for the conduct of searches for evidence from the lifeand culture of past ages.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-31
Adoption of rules
Sec. 31. (a) The commission shall adopt rules under IC 4-22-2 toimplement this chapter.
(b) When adopting rules under this chapter the commission shallconsider the following:
(1) The rights and interests of landowners.
(2) The sensitivity of human beings for treating human remainswith respect and dignity.
(3) The value of history and archeology as a guide to humanactivity.
(4) The importance of amateur archeologists in makinghistorical, cultural, and archeological discoveries.
(5) Applicable laws, standards, and guidelines for the conductof archeology and codes of ethics for participation inarcheology.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-32
Confidential archeological site information
Sec. 32. (a) Subject to subsections (b) and (c), the division may
keep reports and information concerning the location of historic andarcheological sites confidential if the director of the divisiondetermines that disclosure would likely:
(1) risk harm to the historic or archeological site;
(2) cause a significant invasion of privacy; or
(3) impede the use of a traditional religious site by practitioners.
(b) The division may not disclose to the public reports andinformation required to be confidential under federal law.
(c) If the director of the division determines that reports andinformation should be confidential under subsection (a), the directorof the department, in consultation with the director of the division,shall determine who may have access to the confidential reports andinformation.
As added by P.L.26-2008, SEC.12.
IC 14-21-1-33
Persons authorized to accompany conservation officers todetermine violations
Sec. 33. An employee of the division or a person authorized bythe department may accompany a conservation officer on public orprivate property to determine if there is a violation of this article.
As added by P.L.26-2008, SEC.13.
IC 14-21-1-34
Homeowner assistance program; archeology preservation trustfund
Sec. 34. (a) The division may conduct a program to assist privatehomeowners who have accidentally discovered an artifact, a burialobject, or human remains and who need assistance to comply with anapproved plan to excavate or secure the site from further disturbance.The division may conduct the program alone or by entering into anagreement with any entity that the division selects.
(b) In conducting a program under subsection (a), the divisionmay receive gifts and grants under terms, obligations, and liabilitiesthat the director of the division considers appropriate. The directorshall use a gift or grant received under this subsection:
(1) to carry out subsection (a); and
(2) according to the terms and obligations of the gift or grant.
(c) The auditor of state shall establish the archeology preservationtrust fund to hold money received under subsection (b).
(d) The director of the division shall administer the archeologypreservation trust fund. The expenses of administering the fund shallbe paid from money in the trust fund.
(e) The treasurer of state shall invest the money in the archeologypreservation trust fund that is not currently needed to meet theobligations of the fund in the same manner as other public trust fundsmay be invested. The treasurer of state shall deposit in the fund theinterest that accrues from the investment of the fund.
(f) Money in the archeology preservation trust fund at the end ofa state fiscal year does not revert to the state general fund. There is
annually appropriated to the division the money in the archeologypreservation trust fund for the division's use in carrying out thepurposes of this section.
(g) The division may adopt rules under IC 4-22-2 to govern theadministration of this section.
As added by P.L.26-2008, SEC.14.
IC 14-21-1-35
Restitution orders
Sec. 35. (a) In addition to:
(1) a:
(A) sentence imposed under this chapter for a felony ormisdemeanor; or
(B) judgment imposed under this chapter for an infraction;and
(2) an order for restitution to a victim;
a court may order an individual to make restitution to the archeologypreservation trust fund established under section 34 of this chapterfor the division's costs incurred because of the offense committed bythe individual.
(b) In ordering restitution under this section, the court shallconsider the following:
(1) The schedule of costs submitted to the court by the division.
(2) The cost to the property owner to restore or repair thedamaged area of an archeological site or burial ground andplace the property in the property's original condition as nearlyas practicable.
(3) The amount of restitution that the individual is or will beable to pay.
(c) The court shall immediately forward to the division a copy ofan order for restitution made under this section.
As added by P.L.26-2008, SEC.15.
IC 14-21-1-36
Possession of looted property; penalty
Sec. 36. A person who knowingly or intentionally receives,retains, or disposes of an artifact, a burial object, or human remainsobtained in violation of this chapter commits possession of lootedproperty, a Class D felony. However, the offense is a Class C felonyif the fair market cost of carrying out a scientific archeologicalinvestigation of the area that was damaged to obtain the artifact,burial object, or human remains is at least one hundred thousanddollars ($100,000).
As added by P.L.26-2008, SEC.16.