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 separate dedicated funds administered by the department. The funds may only be used to effect the restoration of abandoned mine land under this chapter. (b) Federal money […]
Sec. 1.3. (a) As used in this section, “fund” refers to the acid mine drainage abatement and treatment fund established by subsection (b). (b) The acid mine drainage abatement and treatment fund is established for the purpose of the abatement of the causes and the treatment of the effects of acid mine drainage. The department […]
Sec. 1.5. (a) As used in this section, “fund” refers to the reclamation set-aside fund established by subsection (b). (b) The reclamation set-aside fund is established for the following purposes: (1) The protection of public health and property from the extreme danger of the adverse effects of coal mining practices. (2) The assurance that safety […]
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. [Pre-1995 Recodification Citation: 13-4.1-15-10.] As added by P.L.1-1995, SEC.27.
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 […]
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) if a lien reveals an increase in the property value of at least twenty-five thousand […]
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) […]
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. [Pre-1995 Recodification Citation: 13-4.1-15-14.] As added by P.L.1-1995, SEC.27.
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 […]
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, […]
Sec. 3. (a) 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 […]
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 […]
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) […]
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 […]
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. [Pre-1995 Recodification Citation: 13-4.1-15-7.] As added by P.L.1-1995, SEC.27.
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 […]
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 […]
