CHAPTER 2. INDIANA NATURAL HERITAGE PROTECTION CAMPAIGN
IC 14-31-2
Chapter 2. Indiana Natural Heritage Protection Campaign
IC 14-31-2-1
Purposes
Sec. 1. The general purposes of this chapter are to do thefollowing:
(1) Promote the general health and welfare of citizens ofIndiana by promoting the preservation of areas of unusualnatural interest for scientific, educational, recreational, cultural,and aesthetic purposes as a link to Indiana's past and a legacy toIndiana's future.
(2) Provide for the completion of Indiana's nature preservesystem through a joint public and private campaign forprotection of the best available remaining examples of thenatural systems that represent Indiana's natural heritage beforethose unique and outstanding public resources are lost.
(3) Provide for the maintenance and management of thosenatural areas and the rare native species for which the areas arehabitat.
As added by P.L.1-1995, SEC.24.
IC 14-31-2-2
"Appraised value" defined
Sec. 2. As used in this chapter, "appraised value" means the valueof property without consideration of the effect, if any, of dedicationor other preservation related restrictions.
As added by P.L.1-1995, SEC.24.
IC 14-31-2-3
"Campaign" defined
Sec. 3. As used in this chapter, "campaign" refers to the Indiananatural heritage protection campaign established by this chapter.
As added by P.L.1-1995, SEC.24.
IC 14-31-2-4
"Division" defined
Sec. 4. As used in this chapter, "division" refers to the division ofnature preserves.
As added by P.L.1-1995, SEC.24.
IC 14-31-2-5
"Fund" defined
Sec. 5. As used in this chapter, "fund" refers to the Indiana naturalheritage protection fund established by this chapter.
As added by P.L.1-1995, SEC.24.
IC 14-31-2-6
"Registry" defined
Sec. 6. As used in this chapter, "registry" refers to the Indiana
natural areas registry:
(1) created by IC 14-31-1-8; and
(2) administered by the division under IC 14-31-1-9.
As added by P.L.1-1995, SEC.24.
IC 14-31-2-7
"Trust I" defined
Sec. 7. As used in this chapter, "trust I" refers to the Indiananatural heritage stewardship trust I authorized by this chapter.
As added by P.L.1-1995, SEC.24.
IC 14-31-2-8
"Trust II" defined
Sec. 8. As used in this chapter, "trust II" refers to the Indiananatural heritage stewardship trust II authorized by this chapter.
As added by P.L.1-1995, SEC.24.
IC 14-31-2-9
Natural heritage protection fund
Sec. 9. (a) The Indiana natural heritage protection fund isestablished. The department shall administer the fund to effect thepurposes of this chapter.
(b) The department may expend fund resources, except asprovided in section 11 of this chapter, only when property orproperty interests are acquired as part of the campaign. Acquisitionincludes the following:
(1) Purchase of property interest by the department.
(2) Acceptance by the department of gifts of property interestsas campaign projects.
(3) At the department's option, reimbursement to entities thatare not departments or agencies of the state of part or all of theacquisition costs, not to exceed the appraised value, of naturalareas or property interest:
(A) that those entities have purchased; and
(B) to which those entities desire to keep title.
However, reimbursement is permitted only when the proposedacquisition project is dedicated as a nature preserve underIC 14-31-1 or under IC 14-4-5 (before its repeal), or the naturalfeatures of the site that justify acquisition are otherwisepermanently protected through similarly binding legalmechanisms.
(c) The department may expend fund resources supplied by thestate only to the extent the resources have been matched withcontributions to the fund of equal value from private sources. Theprivate contributions:
(1) may be made in cash or in contributions of land or propertyinterests that are designated by the department as campaignacquisitions; and
(2) shall be valued, for the purposes of this subsection, inaccordance with the appraised value. (d) The fund shall be managed to earn the highest interestcompatible with prudent investment, preservation of principal, andreasonable liquidity. Absent reversion under subsection (e), principaland interest remain in the fund until expended under this chapter.
(e) Fund resources:
(1) appropriated by the state; and
(2) not matched within three (3) years from the date of theappropriation;
revert to the state general fund.
As added by P.L.1-1995, SEC.24.
IC 14-31-2-10
Contributions and pledges
Sec. 10. (a) The department may accept contributions and pledgesto the fund. Pledges made contingent on appropriation of state moneyare acceptable and shall be reported with other pledges as set forthin this section.
(b) On each December 1 that precedes the beginning of a newbudgetary biennium, until the campaign size limit is reached, thedepartment shall include:
(1) the amount that has been contributed; and
(2) the amount that has been pledged for payment in thesucceeding two (2) calendar years;
in the department's budget request.
(c) In addition to the budget request, the department shall reportthe amounts to:
(1) the governor; and
(2) the chairmen of the standing committees in the house ofrepresentatives and senate considering issues of finance andnatural resources;
so that those public officials can take proper steps to secure theappropriation of a matching amount of public money for the fund.
(d) A similar state match of private contributions and pledges forsuccessive years shall be requested in successive biennia until anamount not exceeding five million dollars ($5,000,000) isappropriated to accomplish the purposes of this chapter.
As added by P.L.1-1995, SEC.24.
IC 14-31-2-11
Transfer of money to stewardship trusts
Sec. 11. (a) To ensure the proper management of natural areasacquired in the campaign, concurrent with the acquisition of eachcampaign site:
(1) an amount equal to twenty percent (20%) of the appraisedvalue of the acquisition shall be transferred from the fund to anaccount designated the Indiana natural heritage stewardshiptrust I; and
(2) an amount equal to five percent (5%) of the appraised valueof the acquisition shall be transferred from the fund to anaccount designated the Indiana natural heritage stewardship
trust II.
(b) The amounts to be transferred from the fund to trust I and trustII must be fully and exclusively derived from the following:
(1) Private contributions to the fund.
(2) Interest earned on private contributions to the fund.
(c) Trust I and trust II shall be maintained in a financial institutionhaving a uniform interagency trust composite rating of one (1) or two(2). The financial institution is the trustee of trust I and trust II.
As added by P.L.1-1995, SEC.24.
IC 14-31-2-12
Trustee of stewardship trusts
Sec. 12. The trustee of trust I and trust II shall do the following:
(1) Accept the following:
(A) Transfers from the fund to trust I and trust II inaccordance with this chapter.
(B) Any other unrestricted contribution to the trust.
(2) Invest contributions to trust I to earn the highest interestconsistent with prudent management for permanent preservationof principal.
(3) Invest contributions to trust II to earn the highest interestconsistent with prudent investment, preservation of principal,and reasonable liquidity.
(4) Distribute the income from trust I and trust II quarterly inaccordance with the instructions to be provided by the divisionunder section 15 of this chapter.
(5) Distribute the principal of trust II upon and in accordancewith instructions from the division under section 16 of thischapter.
As added by P.L.1-1995, SEC.24.
IC 14-31-2-13
Requisition of natural areas
Sec. 13. The department shall use the fund, in accordance withthis chapter, to acquire natural areas by purchase, gift, orreimbursement to complete the state nature preserve system. A sitemay not be acquired as part of the campaign that has not beenapproved for registry. In addition, in making the determination as towhether particular sites of natural interest will be acquired as part ofthe campaign, the department shall consider whether the site:
(1) is a relatively undisturbed example of a native ecologicalcommunity that is uncommon;
(2) is habitat for native plant or animal species classified asendangered or threatened by the division of nature preservesand the Indiana heritage program;
(3) is a superlative example of a native ecological community;or
(4) if acquired, would significantly enhance efforts to protectnatural systems or features in an existing nature preserve orcampaign acquisition.As added by P.L.1-1995, SEC.24.
IC 14-31-2-14
Maximum acreage
Sec. 14. The total acreage to be acquired in the campaign may notexceed fifteen thousand (15,000) acres. Campaign acquisitionpurchases may be made only from willing sellers.
As added by P.L.1-1995, SEC.24.
IC 14-31-2-15
Instructions for trustee
Sec. 15. The division shall prepare, on a quarterly basis,instructions for the trustee of trust I and trust II regarding distributionof income. In preparing these instructions, the division shall considerthe following:
(1) What entities have primary management responsibility forsites acquired as part of the campaign.
(2) The amount of campaign acquisition acreage for which eachentity has primary management responsibility.
(3) Special management needs of particular campaign sites.
(4) Any special agreement between the department and aprimary management entity in which the entity waives the rightto be considered for a share of the income from trust I and trustII.
As added by P.L.1-1995, SEC.24.
IC 14-31-2-16
Distribution of principal
Sec. 16. The division may instruct the trustee of trust II todistribute part or all of the principal of trust II to an entity primarilyresponsible for management of a campaign acquisition if, in thediscretion of the division, the income that can be made available tothat entity from trust I and trust II under section 15 of this chapter isinsufficient for the accomplishment of management activities that arenecessary for the preservation of the natural features that justified theacquisition of the site.
As added by P.L.1-1995, SEC.24.
IC 14-31-2-17
Rules
Sec. 17. The commission may adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.1-1995, SEC.24.