CHAPTER 1. DUTIES OF DEPARTMENT

IC 14-23
    ARTICLE 23. FORESTRY

IC 14-23-1
    Chapter 1. Duties of Department

IC 14-23-1-1
Duties of department
    Sec. 1. The department shall do the following:
        (1) Have the care, custody, and control of the forest land ownedby the state, exclusive of state parks.
        (2) Adopt necessary rules to properly enforce this chapter.
        (3) Establish, operate, and maintain nurseries for the productionof trees to be used in reforestation. The trees may be:
            (A) used to reforest land owned by the state;
            (B) supplied to owners of private land at a price notexceeding cost of production; or
            (C) used for planting on public roads or land under the termsthat are considered by the department to be for the publicbenefit.
        (4) Prepare, print, post, or distribute printed matter relating toforestry.
        (5) Make investigations or experiments with regard to forestryquestions.
        (6) Subject to the approval of the governor, purchase land andforests. For the purpose of acquiring land and forests, thecommission may exercise the right of eminent domain in themanner provided in IC 14-17-3.
        (7) Receive and accept, in the name of the people of Indiana, bygift or devise, the fee or other estate in land or forests.
        (8) Examine the forest land owned by the state or by a stateinstitution for the purpose of advising and cooperating insecuring proper forest management of the land.
        (9) Employ, with approval of the authorities having control ofthe state penal institutions, convicts committed to a penalinstitution for the purpose of producing or planting trees,building roads, or doing other work in the forests and inclearing, draining, or developing land purchased or acquired bythe state for forestry purposes.
        (10) Propagate trees and shrubs for state institutions or forplanting along highways. A common carrier may transport treesor shrubs grown by the state at a rate less than the establishedtariff to and from points within Indiana.
        (11) Have the custody of all abstracts of title, papers, contracts,or related memoranda, except original deeds to the state, forland purchased or received under this section.
        (12) Examine private forest land:
            (A) upon request of; and
            (B) at the expense of;        the owner for the purpose of advising the owner on the propermethods of forest management.
As added by P.L.1-1995, SEC.16.

IC 14-23-1-2
Nursery stock and wildflower seed sales
    Sec. 2. (a) This section does not apply to the following:
        (1) The sale or distribution of nursery stock or wildflower seedsto the following:
            (A) An individual who resides in Indiana.
            (B) A governmental entity.
            (C) A nonprofit organization or an educational institution.
            (D) An agricultural research program.
        (2) The exchange of nursery stock or wildflower seeds with aperson or an entity.
    (b) The department may not sell or distribute nursery stock orwildflower seeds to the following:
        (1) An individual who resides in a state other than Indiana,unless the individual:
            (A) owns land in Indiana; and
            (B) submits an affidavit that affirms that the nursery stock orwildflower seeds will be planted in Indiana.
        (2) A retail business that sells nursery stock or wildflowerseeds.
        (3) A wholesale business that sells nursery stock or wildflowerseeds.
As added by P.L.82-2007, SEC.3.