IC 14-34-19-1 Federal money
Sec. 1. (a) Money received by the department from the federal
government for use in the restoration of abandoned mine land under
this chapter shall be deposited in a separate dedicated fund
administered by the department. The fund may only be used to effect
the restoration of abandoned mine land under this chapter.
(b) Federal money received is considered appropriated and
allotted at the time of grant approval for specific projects included in
the approved grant. As added by P.L.1-1995, SEC.27.
IC 14-34-19-2 Lands and water eligible for reclamation or drainage abatement
expenditures
Sec. 2. (a) Lands and water eligible for reclamation or drainage
abatement expenditures under this chapter are those:
(1) that were:
(A) mined for coal; or
(B) affected by the mining, wastebanks, coal processing, or
other 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 reclamation
responsibility under state or federal law.
(b) Surface coal mining operations on lands eligible for remining
do not affect the eligibility of the lands for reclamation and
restoration under this chapter after the release of the bond or deposit
for 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 1
of this chapter on lands and water eligible under section 2 of this
chapter must reflect the following priorities in the order stated:
(1) The protection of public health, safety, general welfare, and
property from extreme danger of adverse effects of coal mining
practices.
(2) The protection of public health, safety, and general welfare
from adverse effects of coal mining practices.
(3) The restoration of land and water resources and the
environment previously degraded by adverse effects of coal
mining practices, including measures for the conservation and
development of soil, water, excluding channelization,
woodland, fish and wildlife, recreation resources, and
agricultural productivity.
(4) Research and demonstration projects relating to the
development of surface mining reclamation and water quality
control program methods and techniques.
(5) The protection, repair, replacement, construction, or
enhancement of public facilities such as utilities, roads,
recreation, and conservation facilities adversely affected by coal
mining practices.
(6) The development of publicly owned land adversely affected
by coal mining practices, including land acquired under this
chapter for recreation, historic, conservation, and reclamation
purposes 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 mining
practices
Sec. 4. (a) This section applies if the director makes a finding of
fact that:
(1) land or water resources have been adversely affected by past
coal mining practices;
(2) the adverse effects of past coal mining practices are at a
stage 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 must
be made to restore, reclaim, abate, control, or prevent the
adverse 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 United
States, 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 if
known or if not known by posting notice upon the premises and
advertising one (1) time in a newspaper of general circulation in the
county in which the land lies, do the following:
(1) Enter upon the property adversely affected by past coal
mining practices and any other property to have access to that
property.
(2) Do all things necessary or expedient to restore, reclaim,
abate, control, or prevent the adverse effects of past coal mining
practices.
(c) Entry under this section is:
(1) an exercise of the police power for the protection of public
health, 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 accruing
to 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 the
entry.
However, this subsection does not create new rights of action or
eliminate 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 the
purpose of conducting studies or exploratory work to determine the
following:
(1) The existence of adverse effects of past coal mining
practices.
(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 public
health, 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 practices
if the director determines that acquisition of the land is necessary to
successful reclamation and that:
(1) the acquired land, after restoration, reclamation, abatement,
control, or prevention of the adverse effects of past coal mining
practices, will:
(A) serve recreation, historic, conservation, and reclamation
purposes; or
(B) provide open space benefits and permanent facilities
such as a treatment plant;
or a relocated stream channel will be constructed on the land for
the restoration, reclamation, abatement, control, or prevention
of the adverse effects of past coal mining practices; or
(2) acquisition of coal refuse disposal sites and all coal refuse
on the sites will serve the purpose of this chapter or that public
ownership is desirable to meet emergency situations and
prevent recurrences of the adverse effects of past coal mining
practices. 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 chapter
is in the name of the state. The price paid for the land must reflect
the market value of the land as adversely affected by past coal
mining 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 is
suitable for industrial, commercial, residential, or recreational
development, the director may sell the land:
(1) by public sale under a system of competitive bidding at not
less than fair market value; and
(2) under other conditions that are adopted by the commission
by rule to ensure that the land is put to proper use consistent
with 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 public
notice, hold a public hearing in accordance with IC 4-21.5 in the
county in which the land acquired by the director under this chapter
is located. The hearing shall be held at a time that affords local
citizens and governments the maximum opportunity to participate in
the decision concerning the use or disposition of the land after
restoration, reclamation, abatement, control, or prevention of the
adverse 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 or
a part of the land to a state agency that can best use the land for
public 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 state
agency is impractical, the director may, with the approval of the
governor, do either of the following:
(1) Sell the land to political subdivisions of the state at the cost
of acquisition and restoration.
(2) Dispose of the land by public sale to the highest bidder for
not 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 created
under 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 projects
to restore, reclaim, abate, control, or prevent adverse effects of past
coal 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 the
county recorder in the county in which the land lies together
with a notarized appraisal by an independent appraiser of the
value of the land before the restoration, reclamation, abatement,
control, or prevention of adverse effects of past coal mining
practices if the money expended results in a significant increase
in property value. The statement constitutes a lien upon the
land. The lien may not exceed the amount determined by the
appraisal to be the increase in the market value of the land as a
result of the restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices.
(b) A lien may not be filed against the property of a person under
subsection (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 reclamation
performed under this chapter.
(c) The landowner may petition within sixty (60) days of the filing
of the lien to determine the increase in the market value of the land
as a result of the restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices. The
amount reported to be the increase in value of the premises
constitutes the amount of the lien and shall be recorded with the
statement filed under subsection (a). A party aggrieved by the
decision may appeal as provided by law.
(d) The director shall record the lien with the county recorder in
the county in which the land is located. The statement:
(1) constitutes a lien upon the land as of the date of the
expenditure of the money; and
(2) has priority as a lien second only to the lien of real estate
taxes 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, and
entryways resulting from a previous mining operation that
constitutes a hazard to the public health or safety.
(2) Reclaim surface impacts of underground or surface mines
that 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 conservation
purposes, the incremental cost of disposing of the wastes from the
operations by filling voids and sealing tunnels is eligible for funding
under this chapter if the disposal of the wastes meets the purposes of
this 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 to
carry 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 mine
drainage
Sec. 14. The director may construct and operate plants for the
control and treatment of water pollution resulting from mine
drainage. The extent of the control and treatment is dependent upon
the 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 reclamation
project under IC 14-34-1-2 or 312 IAC 25-2-3 that is:
(A) at least fifty percent (50%) funded by funds appropriated
from a governmental entity that finances the construction
through either the entity's budget or general revenue bonds;
or
(B) less than fifty percent (50%) funded by funds
appropriated from a governmental entity that finances the
construction through either the entity's budget or general
revenue bonds if the construction is an approved reclamation
project under Title IV of the federal Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1201 through 30
U.S.C. 1328) and this chapter.
Government financing guarantees, insurance, loans, funds
obtained through industrial revenue bonds or their equivalent,
or in-kind payments are not considered funds appropriated by
a governmental entity under this subdivision.
(2) When the level of funding for the construction will be less
than fifty percent (50%) of the total cost because of planned
coal extraction.
(b) The department must make the following determinations:
(1) The likelihood that coal will be mined under a surface coal
mining and reclamation operations permit issued under this
article. 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 create
new environmental problems or adversely affect existing
environmental problems at the site.
(3) The likelihood that reclamation activities at the site might
adversely 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 coal
deposits that can be extracted under the exemption under
IC 14-34-1-2 and 312 IAC 25-2-3.
(2) The delineation of the boundaries of the abandoned mine
lands reclamation project.
(d) The following documentation must be included in the
abandoned mine lands reclamation case file:
(1) Determinations made under subsections (b) and (c).
(2) The information taken into account in making the
determinations.
(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 slide
and slide prone areas, erosion and sedimentation, vegetation,
toxic materials, and hydrological balance.
(2) Ensure that the reclamation project is conducted according
to provisions of 30 CFR Subchapter R, this chapter, and
applicable procurement provisions to ensure the timely progress
and completion of the project.
(3) Develop specific site reclamation requirements, including,
when appropriate, performance bonds that comply with
procurement procedures.
(4) Require the contractor conducting the reclamation to
provide, before reclamation begins, applicable documents that
authorize 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 coal
extracted beyond the limits of the incidental coal specified in
subsection (c)(1). As added by P.L.71-2004, SEC.31.
IC 14-34-19-1 Federal money
Sec. 1. (a) Money received by the department from the federal
government for use in the restoration of abandoned mine land under
this chapter shall be deposited in a separate dedicated fund
administered by the department. The fund may only be used to effect
the restoration of abandoned mine land under this chapter.
(b) Federal money received is considered appropriated and
allotted at the time of grant approval for specific projects included in
the approved grant. As added by P.L.1-1995, SEC.27.
IC 14-34-19-2 Lands and water eligible for reclamation or drainage abatement
expenditures
Sec. 2. (a) Lands and water eligible for reclamation or drainage
abatement expenditures under this chapter are those:
(1) that were:
(A) mined for coal; or
(B) affected by the mining, wastebanks, coal processing, or
other 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 reclamation
responsibility under state or federal law.
(b) Surface coal mining operations on lands eligible for remining
do not affect the eligibility of the lands for reclamation and
restoration under this chapter after the release of the bond or deposit
for 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 1
of this chapter on lands and water eligible under section 2 of this
chapter must reflect the following priorities in the order stated:
(1) The protection of public health, safety, general welfare, and
property from extreme danger of adverse effects of coal mining
practices.
(2) The protection of public health, safety, and general welfare
from adverse effects of coal mining practices.
(3) The restoration of land and water resources and the
environment previously degraded by adverse effects of coal
mining practices, including measures for the conservation and
development of soil, water, excluding channelization,
woodland, fish and wildlife, recreation resources, and
agricultural productivity.
(4) Research and demonstration projects relating to the
development of surface mining reclamation and water quality
control program methods and techniques.
(5) The protection, repair, replacement, construction, or
enhancement of public facilities such as utilities, roads,
recreation, and conservation facilities adversely affected by coal
mining practices.
(6) The development of publicly owned land adversely affected
by coal mining practices, including land acquired under this
chapter for recreation, historic, conservation, and reclamation
purposes 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 mining
practices
Sec. 4. (a) This section applies if the director makes a finding of
fact that:
(1) land or water resources have been adversely affected by past
coal mining practices;
(2) the adverse effects of past coal mining practices are at a
stage 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 must
be made to restore, reclaim, abate, control, or prevent the
adverse 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 United
States, 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 if
known or if not known by posting notice upon the premises and
advertising one (1) time in a newspaper of general circulation in the
county in which the land lies, do the following:
(1) Enter upon the property adversely affected by past coal
mining practices and any other property to have access to that
property.
(2) Do all things necessary or expedient to restore, reclaim,
abate, control, or prevent the adverse effects of past coal mining
practices.
(c) Entry under this section is:
(1) an exercise of the police power for the protection of public
health, 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 accruing
to 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 the
entry.
However, this subsection does not create new rights of action or
eliminate 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 the
purpose of conducting studies or exploratory work to determine the
following:
(1) The existence of adverse effects of past coal mining
practices.
(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 public
health, 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 practices
if the director determines that acquisition of the land is necessary to
successful reclamation and that:
(1) the acquired land, after restoration, reclamation, abatement,
control, or prevention of the adverse effects of past coal mining
practices, will:
(A) serve recreation, historic, conservation, and reclamation
purposes; or
(B) provide open space benefits and permanent facilities
such as a treatment plant;
or a relocated stream channel will be constructed on the land for
the restoration, reclamation, abatement, control, or prevention
of the adverse effects of past coal mining practices; or
(2) acquisition of coal refuse disposal sites and all coal refuse
on the sites will serve the purpose of this chapter or that public
ownership is desirable to meet emergency situations and
prevent recurrences of the adverse effects of past coal mining
practices. 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 chapter
is in the name of the state. The price paid for the land must reflect
the market value of the land as adversely affected by past coal
mining 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 is
suitable for industrial, commercial, residential, or recreational
development, the director may sell the land:
(1) by public sale under a system of competitive bidding at not
less than fair market value; and
(2) under other conditions that are adopted by the commission
by rule to ensure that the land is put to proper use consistent
with 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 public
notice, hold a public hearing in accordance with IC 4-21.5 in the
county in which the land acquired by the director under this chapter
is located. The hearing shall be held at a time that affords local
citizens and governments the maximum opportunity to participate in
the decision concerning the use or disposition of the land after
restoration, reclamation, abatement, control, or prevention of the
adverse 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 or
a part of the land to a state agency that can best use the land for
public 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 state
agency is impractical, the director may, with the approval of the
governor, do either of the following:
(1) Sell the land to political subdivisions of the state at the cost
of acquisition and restoration.
(2) Dispose of the land by public sale to the highest bidder for
not 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 created
under 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 projects
to restore, reclaim, abate, control, or prevent adverse effects of past
coal 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 the
county recorder in the county in which the land lies together
with a notarized appraisal by an independent appraiser of the
value of the land before the restoration, reclamation, abatement,
control, or prevention of adverse effects of past coal mining
practices if the money expended results in a significant increase
in property value. The statement constitutes a lien upon the
land. The lien may not exceed the amount determined by the
appraisal to be the increase in the market value of the land as a
result of the restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices.
(b) A lien may not be filed against the property of a person under
subsection (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 reclamation
performed under this chapter.
(c) The landowner may petition within sixty (60) days of the filing
of the lien to determine the increase in the market value of the land
as a result of the restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices. The
amount reported to be the increase in value of the premises
constitutes the amount of the lien and shall be recorded with the
statement filed under subsection (a). A party aggrieved by the
decision may appeal as provided by law.
(d) The director shall record the lien with the county recorder in
the county in which the land is located. The statement:
(1) constitutes a lien upon the land as of the date of the
expenditure of the money; and
(2) has priority as a lien second only to the lien of real estate
taxes 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, and
entryways resulting from a previous mining operation that
constitutes a hazard to the public health or safety.
(2) Reclaim surface impacts of underground or surface mines
that 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 conservation
purposes, the incremental cost of disposing of the wastes from the
operations by filling voids and sealing tunnels is eligible for funding
under this chapter if the disposal of the wastes meets the purposes of
this 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 to
carry 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 mine
drainage
Sec. 14. The director may construct and operate plants for the
control and treatment of water pollution resulting from mine
drainage. The extent of the control and treatment is dependent upon
the 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 reclamation
project under IC 14-34-1-2 or 312 IAC 25-2-3 that is:
(A) at least fifty percent (50%) funded by funds appropriated
from a governmental entity that finances the construction
through either the entity's budget or general revenue bonds;
or
(B) less than fifty percent (50%) funded by funds
appropriated from a governmental entity that finances the
construction through either the entity's budget or general
revenue bonds if the construction is an approved reclamation
project under Title IV of the federal Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1201 through 30
U.S.C. 1328) and this chapter.
Government financing guarantees, insurance, loans, funds
obtained through industrial revenue bonds or their equivalent,
or in-kind payments are not considered funds appropriated by
a governmental entity under this subdivision.
(2) When the level of funding for the construction will be less
than fifty percent (50%) of the total cost because of planned
coal extraction.
(b) The department must make the following determinations:
(1) The likelihood that coal will be mined under a surface coal
mining and reclamation operations permit issued under this
article. 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 create
new environmental problems or adversely affect existing
environmental problems at the site.
(3) The likelihood that reclamation activities at the site might
adversely 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 coal
deposits that can be extracted under the exemption under
IC 14-34-1-2 and 312 IAC 25-2-3.
(2) The delineation of the boundaries of the abandoned mine
lands reclamation project.
(d) The following documentation must be included in the
abandoned mine lands reclamation case file:
(1) Determinations made under subsections (b) and (c).
(2) The information taken into account in making the
determinations.
(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 slide
and slide prone areas, erosion and sedimentation, vegetation,
toxic materials, and hydrological balance.
(2) Ensure that the reclamation project is conducted according
to provisions of 30 CFR Subchapter R, this chapter, and
applicable procurement provisions to ensure the timely progress
and completion of the project.
(3) Develop specific site reclamation requirements, including,
when appropriate, performance bonds that comply with
procurement procedures.
(4) Require the contractor conducting the reclamation to
provide, before reclamation begins, applicable documents that
authorize 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 coal
extracted beyond the limits of the incidental coal specified in
subsection (c)(1). As added by P.L.71-2004, SEC.31.
IC 14-34-19-1 Federal money
Sec. 1. (a) Money received by the department from the federal
government for use in the restoration of abandoned mine land under
this chapter shall be deposited in a separate dedicated fund
administered by the department. The fund may only be used to effect
the restoration of abandoned mine land under this chapter.
(b) Federal money received is considered appropriated and
allotted at the time of grant approval for specific projects included in
the approved grant. As added by P.L.1-1995, SEC.27.
IC 14-34-19-2 Lands and water eligible for reclamation or drainage abatement
expenditures
Sec. 2. (a) Lands and water eligible for reclamation or drainage
abatement expenditures under this chapter are those:
(1) that were:
(A) mined for coal; or
(B) affected by the mining, wastebanks, coal processing, or
other 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 reclamation
responsibility under state or federal law.
(b) Surface coal mining operations on lands eligible for remining
do not affect the eligibility of the lands for reclamation and
restoration under this chapter after the release of the bond or deposit
for 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 1
of this chapter on lands and water eligible under section 2 of this
chapter must reflect the following priorities in the order stated:
(1) The protection of public health, safety, general welfare, and
property from extreme danger of adverse effects of coal mining
practices.
(2) The protection of public health, safety, and general welfare
from adverse effects of coal mining practices.
(3) The restoration of land and water resources and the
environment previously degraded by adverse effects of coal
mining practices, including measures for the conservation and
development of soil, water, excluding channelization,
woodland, fish and wildlife, recreation resources, and
agricultural productivity.
(4) Research and demonstration projects relating to the
development of surface mining reclamation and water quality
control program methods and techniques.
(5) The protection, repair, replacement, construction, or
enhancement of public facilities such as utilities, roads,
recreation, and conservation facilities adversely affected by coal
mining practices.
(6) The development of publicly owned land adversely affected
by coal mining practices, including land acquired under this
chapter for recreation, historic, conservation, and reclamation
purposes 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 mining
practices
Sec. 4. (a) This section applies if the director makes a finding of
fact that:
(1) land or water resources have been adversely affected by past
coal mining practices;
(2) the adverse effects of past coal mining practices are at a
stage 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 must
be made to restore, reclaim, abate, control, or prevent the
adverse 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 United
States, 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 if
known or if not known by posting notice upon the premises and
advertising one (1) time in a newspaper of general circulation in the
county in which the land lies, do the following:
(1) Enter upon the property adversely affected by past coal
mining practices and any other property to have access to that
property.
(2) Do all things necessary or expedient to restore, reclaim,
abate, control, or prevent the adverse effects of past coal mining
practices.
(c) Entry under this section is:
(1) an exercise of the police power for the protection of public
health, 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 accruing
to 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 the
entry.
However, this subsection does not create new rights of action or
eliminate 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 the
purpose of conducting studies or exploratory work to determine the
following:
(1) The existence of adverse effects of past coal mining
practices.
(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 public
health, 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 practices
if the director determines that acquisition of the land is necessary to
successful reclamation and that:
(1) the acquired land, after restoration, reclamation, abatement,
control, or prevention of the adverse effects of past coal mining
practices, will:
(A) serve recreation, historic, conservation, and reclamation
purposes; or
(B) provide open space benefits and permanent facilities
such as a treatment plant;
or a relocated stream channel will be constructed on the land for
the restoration, reclamation, abatement, control, or prevention
of the adverse effects of past coal mining practices; or
(2) acquisition of coal refuse disposal sites and all coal refuse
on the sites will serve the purpose of this chapter or that public
ownership is desirable to meet emergency situations and
prevent recurrences of the adverse effects of past coal mining
practices. 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 chapter
is in the name of the state. The price paid for the land must reflect
the market value of the land as adversely affected by past coal
mining 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 is
suitable for industrial, commercial, residential, or recreational
development, the director may sell the land:
(1) by public sale under a system of competitive bidding at not
less than fair market value; and
(2) under other conditions that are adopted by the commission
by rule to ensure that the land is put to proper use consistent
with 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 public
notice, hold a public hearing in accordance with IC 4-21.5 in the
county in which the land acquired by the director under this chapter
is located. The hearing shall be held at a time that affords local
citizens and governments the maximum opportunity to participate in
the decision concerning the use or disposition of the land after
restoration, reclamation, abatement, control, or prevention of the
adverse 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 or
a part of the land to a state agency that can best use the land for
public 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 state
agency is impractical, the director may, with the approval of the
governor, do either of the following:
(1) Sell the land to political subdivisions of the state at the cost
of acquisition and restoration.
(2) Dispose of the land by public sale to the highest bidder for
not 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 created
under 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 projects
to restore, reclaim, abate, control, or prevent adverse effects of past
coal 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 the
county recorder in the county in which the land lies together
with a notarized appraisal by an independent appraiser of the
value of the land before the restoration, reclamation, abatement,
control, or prevention of adverse effects of past coal mining
practices if the money expended results in a significant increase
in property value. The statement constitutes a lien upon the
land. The lien may not exceed the amount determined by the
appraisal to be the increase in the market value of the land as a
result of the restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices.
(b) A lien may not be filed against the property of a person under
subsection (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 reclamation
performed under this chapter.
(c) The landowner may petition within sixty (60) days of the filing
of the lien to determine the increase in the market value of the land
as a result of the restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices. The
amount reported to be the increase in value of the premises
constitutes the amount of the lien and shall be recorded with the
statement filed under subsection (a). A party aggrieved by the
decision may appeal as provided by law.
(d) The director shall record the lien with the county recorder in
the county in which the land is located. The statement:
(1) constitutes a lien upon the land as of the date of the
expenditure of the money; and
(2) has priority as a lien second only to the lien of real estate
taxes 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, and
entryways resulting from a previous mining operation that
constitutes a hazard to the public health or safety.
(2) Reclaim surface impacts of underground or surface mines
that 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 conservation
purposes, the incremental cost of disposing of the wastes from the
operations by filling voids and sealing tunnels is eligible for funding
under this chapter if the disposal of the wastes meets the purposes of
this 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 to
carry 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 mine
drainage
Sec. 14. The director may construct and operate plants for the
control and treatment of water pollution resulting from mine
drainage. The extent of the control and treatment is dependent upon
the 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 reclamation
project under IC 14-34-1-2 or 312 IAC 25-2-3 that is:
(A) at least fifty percent (50%) funded by funds appropriated
from a governmental entity that finances the construction
through either the entity's budget or general revenue bonds;
or
(B) less than fifty percent (50%) funded by funds
appropriated from a governmental entity that finances the
construction through either the entity's budget or general
revenue bonds if the construction is an approved reclamation
project under Title IV of the federal Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1201 through 30
U.S.C. 1328) and this chapter.
Government financing guarantees, insurance, loans, funds
obtained through industrial revenue bonds or their equivalent,
or in-kind payments are not considered funds appropriated by
a governmental entity under this subdivision.
(2) When the level of funding for the construction will be less
than fifty percent (50%) of the total cost because of planned
coal extraction.
(b) The department must make the following determinations:
(1) The likelihood that coal will be mined under a surface coal
mining and reclamation operations permit issued under this
article. 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 create
new environmental problems or adversely affect existing
environmental problems at the site.
(3) The likelihood that reclamation activities at the site might
adversely 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 coal
deposits that can be extracted under the exemption under
IC 14-34-1-2 and 312 IAC 25-2-3.
(2) The delineation of the boundaries of the abandoned mine
lands reclamation project.
(d) The following documentation must be included in the
abandoned mine lands reclamation case file:
(1) Determinations made under subsections (b) and (c).
(2) The information taken into account in making the
determinations.
(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 slide
and slide prone areas, erosion and sedimentation, vegetation,
toxic materials, and hydrological balance.
(2) Ensure that the reclamation project is conducted according
to provisions of 30 CFR Subchapter R, this chapter, and
applicable procurement provisions to ensure the timely progress
and completion of the project.
(3) Develop specific site reclamation requirements, including,
when appropriate, performance bonds that comply with
procurement procedures.
(4) Require the contractor conducting the reclamation to
provide, before reclamation begins, applicable documents that
authorize 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 coal
extracted beyond the limits of the incidental coal specified in
subsection (c)(1). As added by P.L.71-2004, SEC.31.
