CHAPTER 19. ABANDONED MINES
IC 14-34-19
Chapter 19. Abandoned Mines
IC 14-34-19-1
Federal money
Sec. 1. (a) Money received by the department from the federalgovernment for use in the restoration of abandoned mine land underthis chapter shall be deposited in a separate dedicated fundadministered by the department. The fund may only be used to effectthe restoration of abandoned mine land under this chapter.
(b) Federal money received is considered appropriated andallotted at the time of grant approval for specific projects included inthe approved grant.
As added by P.L.1-1995, SEC.27.
IC 14-34-19-2
Lands and water eligible for reclamation or drainage abatementexpenditures
Sec. 2. (a) Lands and water eligible for reclamation or drainageabatement expenditures under this chapter are those:
(1) that were:
(A) mined for coal; or
(B) affected by the mining, wastebanks, coal processing, orother coal mining processes;
(2) that were:
(A) abandoned; or
(B) left in an inadequate reclamation status;
before August 3, 1977; and
(3) for which there is not a continuing reclamationresponsibility under state or federal law.
(b) Surface coal mining operations on lands eligible for reminingdo not affect the eligibility of the lands for reclamation andrestoration under this chapter after the release of the bond or depositfor the operation under IC 14-34-6.
As added by P.L.1-1995, SEC.27. Amended by P.L.179-1995, SEC.9.
IC 14-34-19-3
Priorities for expenditures
Sec. 3. Expenditure of money from the fund created by section 1of this chapter on lands and water eligible under section 2 of thischapter must reflect the following priorities in the order stated:
(1) The protection of public health, safety, general welfare, andproperty from extreme danger of adverse effects of coal miningpractices.
(2) The protection of public health, safety, and general welfarefrom adverse effects of coal mining practices.
(3) The restoration of land and water resources and theenvironment previously degraded by adverse effects of coalmining practices, including measures for the conservation anddevelopment of soil, water, excluding channelization,
woodland, fish and wildlife, recreation resources, andagricultural productivity.
(4) Research and demonstration projects relating to thedevelopment of surface mining reclamation and water qualitycontrol program methods and techniques.
(5) The protection, repair, replacement, construction, orenhancement of public facilities such as utilities, roads,recreation, and conservation facilities adversely affected by coalmining practices.
(6) The development of publicly owned land adversely affectedby coal mining practices, including land acquired under thischapter for recreation, historic, conservation, and reclamationpurposes and open space benefits.
As added by P.L.1-1995, SEC.27.
IC 14-34-19-4
Director entering property to abate adverse effects of coal miningpractices
Sec. 4. (a) This section applies if the director makes a finding offact that:
(1) land or water resources have been adversely affected by pastcoal mining practices;
(2) the adverse effects of past coal mining practices are at astage where, in the public interest, action to restore, reclaim,abate, control, or prevent should be taken; and
(3) the owners of the land or water resources where entry mustbe made to restore, reclaim, abate, control, or prevent theadverse effects of past coal mining practices:
(A) are not known or readily available; or
(B) will not give permission for:
(i) the United States;
(ii) the state;
(iii) a political subdivision; or
(iv) an agent, an employee, or a contractor of the UnitedStates, the state, or the political subdivision;
to enter upon the property to restore, reclaim, rebate, control,or prevent the adverse effects of past coal mining practices.
(b) The director may, upon giving notice by mail to the owners ifknown or if not known by posting notice upon the premises andadvertising one (1) time in a newspaper of general circulation in thecounty in which the land lies, do the following:
(1) Enter upon the property adversely affected by past coalmining practices and any other property to have access to thatproperty.
(2) Do all things necessary or expedient to restore, reclaim,abate, control, or prevent the adverse effects of past coal miningpractices.
(c) Entry under this section is:
(1) an exercise of the police power for the protection of publichealth, safety, and general welfare; and (2) not an act of:
(A) condemnation of property; or
(B) trespass.
(d) The money expended for the work and the benefits accruingto the premises entered under this section:
(1) is chargeable against the land; and
(2) mitigates or offsets:
(A) a claim in; or
(B) an action brought by an owner of;
an interest in the premises for alleged damages by virtue of theentry.
However, this subsection does not create new rights of action oreliminate existing immunities.
As added by P.L.1-1995, SEC.27.
IC 14-34-19-5
Director entering property to conduct studies or exploratory work
Sec. 5. (a) The director may enter upon any property for thepurpose of conducting studies or exploratory work to determine thefollowing:
(1) The existence of adverse effects of past coal miningpractices.
(2) The feasibility of restoration, reclamation, abatement,control, or prevention of the adverse effects.
(b) Entry under this section is:
(1) an exercise of the police power for the protection of publichealth, safety, and general welfare; and
(2) not an act of:
(A) condemnation of property; or
(B) trespass.
As added by P.L.1-1995, SEC.27.
IC 14-34-19-6
Acquisition of adversely affected land for reclamation
Sec. 6. The director may, by purchase, donation, or condemnation,acquire land that is adversely affected by past coal mining practicesif the director determines that acquisition of the land is necessary tosuccessful reclamation and that:
(1) the acquired land, after restoration, reclamation, abatement,control, or prevention of the adverse effects of past coal miningpractices, will:
(A) serve recreation, historic, conservation, and reclamationpurposes; or
(B) provide open space benefits and permanent facilitiessuch as a treatment plant;
or a relocated stream channel will be constructed on the land forthe restoration, reclamation, abatement, control, or preventionof the adverse effects of past coal mining practices; or
(2) acquisition of coal refuse disposal sites and all coal refuseon the sites will serve the purpose of this chapter or that public
ownership is desirable to meet emergency situations andprevent recurrences of the adverse effects of past coal miningpractices.
As added by P.L.1-1995, SEC.27.
IC 14-34-19-7
Title and price of land purchased
Sec. 7. Title to all land acquired by the director under this chapteris in the name of the state. The price paid for the land must reflectthe market value of the land as adversely affected by past coalmining practices.
As added by P.L.1-1995, SEC.27.
IC 14-34-19-8
Public sale of land
Sec. 8. If land acquired by the director under this chapter issuitable for industrial, commercial, residential, or recreationaldevelopment, the director may sell the land:
(1) by public sale under a system of competitive bidding at notless than fair market value; and
(2) under other conditions that are adopted by the commissionby rule to ensure that the land is put to proper use consistentwith local and state land use plans.
As added by P.L.1-1995, SEC.27.
IC 14-34-19-9
Public hearing
Sec. 9. The director shall, when requested after appropriate publicnotice, hold a public hearing in accordance with IC 4-21.5 in thecounty in which the land acquired by the director under this chapteris located. The hearing shall be held at a time that affords localcitizens and governments the maximum opportunity to participate inthe decision concerning the use or disposition of the land afterrestoration, reclamation, abatement, control, or prevention of theadverse effects of past coal mining practices.
As added by P.L.1-1995, SEC.27.
IC 14-34-19-10
Transfer of land to state agency
Sec. 10. After restoration of the acquired land, the director may,with the approval of the governor, transfer jurisdiction of the land ora part of the land to a state agency that can best use the land forpublic purposes.
As added by P.L.1-1995, SEC.27.
IC 14-34-19-11
Sale of land with governor's approval
Sec. 11. (a) If retention of the land by the director or other stateagency is impractical, the director may, with the approval of thegovernor, do either of the following: (1) Sell the land to political subdivisions of the state at the costof acquisition and restoration.
(2) Dispose of the land by public sale to the highest bidder fornot less than the fair market value as determined by two (2)private appraisers appointed by the director.
(b) The proceeds of a sale shall be deposited in the fund createdunder section 1 of this chapter.
As added by P.L.1-1995, SEC.27.
IC 14-34-19-12
Liens
Sec. 12. (a) Within six (6) months after the completion of projectsto restore, reclaim, abate, control, or prevent adverse effects of pastcoal mining practices on privately owned land, the director:
(1) shall itemize the money expended; and
(2) may, subject to subsection (b), file a statement with thecounty recorder in the county in which the land lies togetherwith a notarized appraisal by an independent appraiser of thevalue of the land before the restoration, reclamation, abatement,control, or prevention of adverse effects of past coal miningpractices if the money expended results in a significant increasein property value. The statement constitutes a lien upon theland. The lien may not exceed the amount determined by theappraisal to be the increase in the market value of the land as aresult of the restoration, reclamation, abatement, control, orprevention of the adverse effects of past coal mining practices.
(b) A lien may not be filed against the property of a person undersubsection (a) who:
(1) owned the surface before May 2, 1977; and
(2) did not:
(A) consent to;
(B) participate in; or
(C) exercise control over;
the mining operation that necessitated the reclamationperformed under this chapter.
(c) The landowner may petition within sixty (60) days of the filingof the lien to determine the increase in the market value of the landas a result of the restoration, reclamation, abatement, control, orprevention of the adverse effects of past coal mining practices. Theamount reported to be the increase in value of the premisesconstitutes the amount of the lien and shall be recorded with thestatement filed under subsection (a). A party aggrieved by thedecision may appeal as provided by law.
(d) The director shall record the lien with the county recorder inthe county in which the land is located. The statement:
(1) constitutes a lien upon the land as of the date of theexpenditure of the money; and
(2) has priority as a lien second only to the lien of real estatetaxes imposed upon the land.
As added by P.L.1-1995, SEC.27.
IC 14-34-19-13
Powers of director
Sec. 13. (a) The director may do the following:
(1) Fill voids and open abandoned tunnels, shafts, andentryways resulting from a previous mining operation thatconstitutes a hazard to the public health or safety.
(2) Reclaim surface impacts of underground or surface minesthat the director determines could:
(A) endanger life and property;
(B) constitute a hazard to the public health and safety; or
(C) degrade the environment.
(b) If mine waste piles are being reworked for conservationpurposes, the incremental cost of disposing of the wastes from theoperations by filling voids and sealing tunnels is eligible for fundingunder this chapter if the disposal of the wastes meets the purposes ofthis section.
(c) The director may, by:
(1) purchase;
(2) donation;
(3) easement; or
(4) otherwise;
acquire the interest in land that the director determines necessary tocarry out this section.
As added by P.L.1-1995, SEC.27.
IC 14-34-19-14
Plants for controlling and treating water pollution from minedrainage
Sec. 14. The director may construct and operate plants for thecontrol and treatment of water pollution resulting from minedrainage. The extent of the control and treatment is dependent uponthe ultimate use of the water.
As added by P.L.1-1995, SEC.27.
IC 14-34-19-15
Mine land reclamation projects; requirements
Sec. 15. (a) This section applies to the following:
(1) When the department is considering a mine land reclamationproject under IC 14-34-1-2 or 312 IAC 25-2-3 that is:
(A) at least fifty percent (50%) funded by funds appropriatedfrom a governmental entity that finances the constructionthrough either the entity's budget or general revenue bonds;or
(B) less than fifty percent (50%) funded by fundsappropriated from a governmental entity that finances theconstruction through either the entity's budget or generalrevenue bonds if the construction is an approved reclamationproject under Title IV of the federal Surface Mining Controland Reclamation Act of 1977 (30 U.S.C. 1201 through 30U.S.C. 1328) and this chapter. Government financing guarantees, insurance, loans, fundsobtained through industrial revenue bonds or their equivalent,or in-kind payments are not considered funds appropriated bya governmental entity under this subdivision.
(2) When the level of funding for the construction will be lessthan fifty percent (50%) of the total cost because of plannedcoal extraction.
(b) The department must make the following determinations:
(1) The likelihood that coal will be mined under a surface coalmining and reclamation operations permit issued under thisarticle. The determination must consider available information,including the following:
(A) Coal reserves from existing mine maps or other sources.
(B) Existing environmental conditions.
(C) All prior mining activity on or adjacent to the site.
(D) Current and historical coal production in the area.
(E) Any known or anticipated interest in mining the site.
(2) The likelihood that nearby mining activities might createnew environmental problems or adversely affect existingenvironmental problems at the site.
(3) The likelihood that reclamation activities at the site mightadversely affect nearby mining activities.
(c) If a decision is made to proceed with the reclamation project,the department must make the following determinations:
(1) The limits on any coal refuse, coal waste, or other coaldeposits that can be extracted under the exemption underIC 14-34-1-2 and 312 IAC 25-2-3.
(2) The delineation of the boundaries of the abandoned minelands reclamation project.
(d) The following documentation must be included in theabandoned mine lands reclamation case file:
(1) Determinations made under subsections (b) and (c).
(2) The information taken into account in making thedeterminations.
(3) The names of the persons making the determinations.
(e) The department must do the following for each project:
(1) Characterize the site regarding mine drainage, active slideand slide prone areas, erosion and sedimentation, vegetation,toxic materials, and hydrological balance.
(2) Ensure that the reclamation project is conducted accordingto provisions of 30 CFR Subchapter R, this chapter, andapplicable procurement provisions to ensure the timely progressand completion of the project.
(3) Develop specific site reclamation requirements, including,when appropriate, performance bonds that comply withprocurement procedures.
(4) Require the contractor conducting the reclamation toprovide, before reclamation begins, applicable documents thatauthorize the extraction of coal and any payment of royalties.
(f) The contractor must obtain a surface coal mining and
reclamation operations permit under this article for any coalextracted beyond the limits of the incidental coal specified insubsection (c)(1).
As added by P.L.71-2004, SEC.31.