§ 14-34-3-10 — Information concerning archeological and historic sites; limitation on enforcement of section and rules

Indiana § 14-34-3-10

• Jurisdiction: Indiana
• Art. 34: SURFACE COAL MINING AND RECLAMATION
• Ch. 3: Permit Requirements

Text

(a) The director may require a permit
applicant to submit additional information concerning the identity,
location, and nature of archeological and historic sites in or within one
thousand (1,000) feet of the permit area in accordance with rules
adopted by the commission to implement this section.
(b) In the rules implementing this section, the commission shall
provide that the director may require a permit applicant to identify and
evaluate important archeological and historic sites through the
following:
(1) Searches of the records of the following:
(A) Research institutions.
(B) The state historical preservation office.
(2) Field investigations.
(3) Other appropriate investigations according to standards
incorporated in the rules.
(c) The commission's rules must be consistent with the principles set
forth in IC 14-34-4-10(c).
(d) This section and the rules adopted under this section may not be
enforced if and to the extent that any federal court holds that the federal
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1201-1328) does not authorize the requirements of records searches,
field investigations, or other studies in connection with application for
surface coal mining operations.
[Pre-1995 Recodification Citation: 13-4.1-3-3.1.]

Legislative History

As added by P.L.1-1995, SEC.27. Amended by P.L.16-2009, SEC.24.