CHAPTER 1. MINING PERMITS
IC 14-35
ARTICLE 35. MINING
IC 14-35-1
Chapter 1. Mining Permits
IC 14-35-1-1
Granting of permits
Sec. 1. (a) This section does not apply to lands under thenavigable waters of Indiana.
(b) The department may, whenever the department considers it tobe in the public interest, grant permits for the:
(1) extraction;
(2) removal; and
(3) disposition;
of deposits of coal, limestone, dolomite, gypsum, anhydrite, sand,gravel, clay, shale, or deposits of earth or mineral or vegetable matteron or under land or nonnavigable water belonging to the state nomatter how the land or water is used if the extraction, removal, anddisposition does not materially interfere with the purpose for whichthe land or water is held or used by the state.
As added by P.L.1-1995, SEC.28.
IC 14-35-1-2
State residency required
Sec. 2. A permit may be granted under this chapter only to thefollowing:
(1) An individual who is a resident of Indiana.
(2) A corporation that is domiciled in Indiana or qualified to dobusiness in Indiana.
As added by P.L.1-1995, SEC.28.
IC 14-35-1-3
Notice of permit
Sec. 3. Except as otherwise provided by this chapter, a permit maynot be granted by the department under this chapter unless thedepartment has done the following:
(1) Published notice one (1) time each week for at least two (2)weeks in the following:
(A) At least one (1) newspaper of general circulation in thecounty where the land or water belonging to the state islocated.
(B) At least one (1) newspaper published in Indianapolis.
(2) Given concurrent and similar notice one (1) time in writingto each person known to be actively engaged in the extractionof these resources in Indiana.
As added by P.L.1-1995, SEC.28.
IC 14-35-1-4
Contents of notice Sec. 4. Notice given under section 3 of this chapter must do thefollowing:
(1) Describe the specific property from or under which theextraction will occur.
(2) State the time, terms, and conditions under which a permitwill be granted.
(3) Call for sealed proposals or bids stating the amount that willbe paid for the privilege to be exercised under the permit.
As added by P.L.1-1995, SEC.28.
IC 14-35-1-5
Proposal or bid for mining privilege
Sec. 5. (a) A proposal or bid made in response to a request undersection 4 of this chapter must offer the following:
(1) A royalty on a percentage basis, based on the commodityvalue at the mine, pit, or quarry.
(2) A bonus, or fixed fee per acre, in addition to royalty.
(b) A royalty may not be less than that generally prevailing for theresource to be extracted under similar methods of mining.
As added by P.L.1-1995, SEC.28.
IC 14-35-1-6
Time for submitting proposal or bid
Sec. 6. The department may receive sealed proposals or bids notearlier than thirty (30) days after the date of first publication.
As added by P.L.1-1995, SEC.28.
IC 14-35-1-7
Granting or rejecting bids
Sec. 7. The department may grant a permit to the qualified bidderwho submits the highest and best bid. However, the department mayreject any or all bids.
As added by P.L.1-1995, SEC.28.
IC 14-35-1-8
Permit approval by commission; governor's signature
Sec. 8. A permit must be approved by the commission and signedby the governor.
As added by P.L.1-1995, SEC.28.
IC 14-35-1-9
Term of permit
Sec. 9. (a) The department shall determine the initial term of apermit, not to exceed ten (10) years. The department shallautomatically continue a permit:
(1) if commercial production and accompanying royaltypayments are established by the end of the initial term; and
(2) as long as production continues, not to exceed fifty (50)years.
(b) If commercial production is not established within the initial
term of a permit, the department may terminate the permit.
(c) The department may terminate a permit at any time for failureof the permittee to comply with:
(1) this chapter; or
(2) the rules adopted under this chapter.
As added by P.L.1-1995, SEC.28.
IC 14-35-1-10
Bond
Sec. 10. Each proposal and bid must be accompanied by sufficientbond in an amount to be determined by the department for therestoration of land or water disturbed by exploration and mining.
As added by P.L.1-1995, SEC.28.
IC 14-35-1-11
Additional covenants, terms, and conditions
Sec. 11. The department and the governor may require othercovenants, terms, and conditions in addition to those provided in thischapter.
As added by P.L.1-1995, SEC.28.