reglab/housing_qa huggingface dataset:
IN Code § 14-34-6-13 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-13. Schedule for Release of Bond or Deposit

Sec. 13. The director may release the bond, deposit, or letter of credit in whole or in part if the director is satisfied that the reclamation covered by the bond or deposit or part of the bond or deposit has been accomplished as required by this article according to the following schedule:(1) When the operator completes the backfilling, regrading, and drainage control of a bonded area in accordance with the approved reclamation plan, the release of sixty percent (60%) of the bond or collateral for the applicable permit area.(2) After revegetation is established on the regraded mined land in accordance with the approved reclamation plan. When determining the amount of bond to be released after successful revegetation has been established, the director shall retain the amount of bond for the revegetated area that would be sufficient for a third party to cover the cost of establishing revegetation and for the period specified for operator responsibility in IC 14-34-10 of establishing revegetation. The director may not release a part of the bond or deposit under this subdivision:(A) if the land to which the release would be applicable is contributing suspended solids to stream flow or runoff outside the permit area in excess of the requirements set forth in IC 14-34-10-2(b)(13); or(B) until soil productivity for prime farmland has returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed under IC 14-34-3-3(16).If a silt dam is to be retained as a permanent impoundment under IC 14-34-10-2(b)(11), the appropriate part of the bond may be released under this subdivision if provisions for sound future maintenance by the operator or the landowner are made with the director.(3) When the operator has successfully completed all surface coal mining and reclamation activities, the release of the remaining part of the bond, but not before the expiration of the period specified for operator responsibility in IC 14-34-10. However, the director may not fully release a bond or deposit until all reclamation requirements of this article are fully met.[Pre-1995 Recodification Citation: 13-4.1-6-7(g).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-6-14 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-14. Notification of Decision

Sec. 14. (a) If a public hearing requested under section 10 of this chapter is not held, the director shall notify the permittee in writing of the decision on the application or bond release within sixty (60) days of the filing of the application.(b) If the director disapproves the application for release of the bond or part of the bond, the director shall notify the permittee, in writing, stating the following:(1) The reasons for disapproval.(2) A recommendation as to the corrective actions necessary to secure the release.(3) Allowing an opportunity for a public hearing in accordance with IC 4-21.5-3.[Pre-1995 Recodification Citation: 13-4.1-6-7(h).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-6-14.3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-14.3. Release of Bond Covering Undisturbed Area

Sec. 14.3. The director may release the bond, deposit, or letter of credit covering an area that has not been disturbed by surface coal mining activities. A release under this subsection is not subject to the public notice and hearing requirements set forth in sections 7 through 14 of this chapter.As added by P.L.176-1995, SEC.6.
IN Code § 14-34-6-14.6 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-14.6. Release of Bond Covering Disturbed Area

Sec. 14.6. (a) This section applies when an applicant or permittee submits a bond, deposit, or letter of credit covering an area that:(1) has been disturbed by surface coal mining activities; and(2) is covered by another bond, deposit, or letter of credit previously submitted by another permittee.(b) Except as provided in subsection (c), in a situation described in subsection (a):(1) the bond, deposit, or letter of credit previously submitted shall be released when the director accepts the bond, deposit, or letter of credit submitted by the applicant or permittee; and(2) the bond, deposit, or letter of credit submitted by the applicant or permittee:(A) is subject to the standards set forth in sections 7 through 14 of this chapter; and(B) may not be released under section 14.3 of this chapter.(c) If two (2) or more persons who are applicants or permittees each file a bond, deposit, or letter of credit covering the same area, the persons may enter into a written agreement that allocates responsibility among the persons for the reclamation of the area. If the agreement is approved by the director, the agreement governs the respective responsibilities of the persons for the reclamation of the area.As added by P.L.176-1995, SEC.7.
IN Code § 14-34-6-15 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-15. Abandoned Mine Reclamation Fund

Sec. 15. (a) As used in this section, "fund" refers to the post-1977 abandoned mine reclamation fund established by this section.(b) The post-1977 abandoned mine reclamation fund is established. The fund consists of bond forfeiture money collected under section 16 of this chapter and the civil penalties described in IC 14-34-16-9. Unless the prior approval of the general assembly is given for another use, the fund may be used only as follows:(1) To effect the restoration of land:(A) that is not otherwise eligible for restoration through federal funding; and(B) that has been affected by surface coal mining operations that occurred after August 3, 1977.(2) To replace domestic water supplies disrupted or affected by a surface coal mining and reclamation operation, including the disposal of coal combustion waste (as defined in IC 13-19-3-3), where the surface coal mining and reclamation operation has been completed and is no longer subject to IC 14-34.(c) At least five hundred thousand dollars ($500,000) in the fund is dedicated as collateral for the bond pool under IC 14-34-8 and may not be used for the restoration of land or replacement of water described in subsection (b).(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.[Pre-1995 Recodification Citation: 13-4.1-6-8.]As added by P.L.1-1995, SEC.27. Amended by P.L.63-1999, SEC.1; P.L.101-2016, SEC.1.
IN Code § 14-34-6-16 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-16. Forfeiture of Bond

Sec. 16. (a) The director may order the forfeiture of all or part of a bond for a permit area or an increment of a permit area, regardless of whether the entire area has been disturbed by surface mining activities, if:(1) the permittee does not conduct reclamation operations in accordance with the applicable reclamation plan; or(2) the permittee does not fulfill at least one (1) of the conditions under which the bond was posted.(b) An order issued under subsection (a) or under IC 13-4.1-6-9(a) (before its repeal) is subject to IC 4-21.5-3-6 and becomes an effective and final order of the director without a proceeding if a request for review of the order is not filed with the director within fifteen (15) days after the order is served upon:(1) the permittee; and(2) the person that executed the permittee's bond or other performance guarantee if the permittee filed a bond or other performance guarantee under this chapter.(c) If the forfeited bond is insufficient to pay the entire cost of reclamation, the permittee shall pay the uncompensated balance necessary for complete reclamation as determined by the director.(d) If the amount of the forfeited bond exceeds the amount necessary for complete restoration, the excess amount shall be returned by the director to the person from whom the amount was received.(e) A person who has forfeited a bond may not be given a permit until:(1) the land subject to the forfeiture has been reclaimed without cost to the state; or(2) the department has received an amount of money equal to the amount determined by the director to be necessary to reclaim the land.(f) Money collected under this section is appropriated and allotted to the department, at the time of deposit, for restoration of the site from which the bond was forfeited.[Pre-1995 Recodification Citation: 13-4.1-6-9.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-7-0.5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 7. Self-Bonding|14-34-7-0.5. "Collateral" Defined

Sec. 0.5. As used in this chapter, "collateral" means the actual or constructive deposit, as appropriate, with the director of one (1) or more of the following types of property in support of a self-bond:(1) A perfected, first-lien security interest in favor of the department of natural resources in real property located in Indiana that meets the requirements of this chapter.(2) Securities backed by the full faith and credit of the United States government, or state government securities, that are:(A) acceptable to;(B) endorsed to the order of; and(C) placed in the possession of;the director.(3) Personal property that is located in Indiana and owned by the applicant, the market value of which is more than one million dollars ($1,000,000) per property unit.As added by P.L.176-1995, SEC.8.
IN Code § 14-34-7-0.6 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 7. Self-Bonding|14-34-7-0.6. "Comparative Balance Sheet" Defined

Sec. 0.6. As used in this chapter, "comparative balance sheet" means item accounts from a number of the operator's successive yearly balance sheets arranged side by side in a single statement.As added by P.L.176-1995, SEC.9.
IN Code § 14-34-7-0.7 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 7. Self-Bonding|14-34-7-0.7. "Comparative Income Statement" Defined

Sec. 0.7. As used in this chapter, "comparative income statement" means an operator's income statement amounts for a number of successive yearly periods arranged side by side in a single statement.As added by P.L.176-1995, SEC.10.
IN Code § 14-34-7-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 7. Self-Bonding|14-34-7-1. "Liabilities" Defined

Sec. 1. As used in this chapter, "liabilities" means obligations to transfer assets or provide services to other entities in the future as a result of past transactions. The term does not include amounts that are required to be recorded for financial accounting purposes under Statement of Financial Accounting Standards number 106 issued by the Financial Accounting Standards Board and effective December 1990.[Pre-1995 Recodification Citation: 13-4.1-6.3-5.]As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.11.
IN Code § 14-34-7-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 7. Self-Bonding|14-34-7-2. "Net Worth" Defined

Sec. 2. As used in this chapter, "net worth":(1) means:(A) total assets; minus(B) total liabilities; and(2) is equivalent to owners' equity.[Pre-1995 Recodification Citation: 13-4.1-6.3-6.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-7-2.5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 7. Self-Bonding|14-34-7-2.5. "Surface Mining Control and Reclamation Act" Defined

Sec. 2.5. As used in this chapter, "Surface Mining Control and Reclamation Act" means the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328).As added by P.L.176-1995, SEC.12.
IN Code § 14-34-7-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 7. Self-Bonding|14-34-7-3. "Tangible Net Worth" Defined

Sec. 3. As used in this chapter, "tangible net worth" means:(1) net worth; minus(2) intangibles such as goodwill and rights to patents or royalties.[Pre-1995 Recodification Citation: 13-4.1-6.3-7.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-7-4.1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 7. Self-Bonding|14-34-7-4.1. Method of Replacement of Self-Bonds

Sec. 4.1. (a) Before January 1, 1996, all self-bonds in effect on July 1, 1995, must be replaced in one (1) of the following ways:(1) The self-bond may be replaced by another form of bond allowed under IC 13-4.1-6.(2) The self-bonded permittee may reapply for self-bonding under this chapter.(b) If the application of a permittee submitted under subsection (a)(2) is not accepted, the permittee must replace its self-bond with another form of bond allowed under IC 14-34-6.As added by P.L.176-1995, SEC.14.
IN Code § 14-34-7-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 7. Self-Bonding|14-34-7-5. "Corporate Guarantee" Defined

Sec. 5. (a) A written guarantee accepted under this section is referred to as a "corporate guarantee".(b) The director may accept a corporate guarantee for an applicant's self-bond from a corporate guarantor if, at the time the self-bond is accepted, the following conditions are met:(1) The guarantee is in writing.(2) The applicant satisfies the requirements of section 4(d)(1), 4(d)(2), and 4(d)(8) of this chapter.(3) The guarantor meets the conditions imposed upon an applicant under section 4 of this chapter.(c) The terms of a corporate guarantee must provide for the following:(1) If the applicant fails to complete the reclamation plan, the guarantor shall complete the reclamation plan or the guarantor is liable under the indemnity agreement to provide money to the department sufficient to complete the reclamation plan, but not to exceed the bond amount.(2) The corporate guarantee remains in force unless:(A) the guarantor sends notice of cancellation by certified mail to:(i) the applicant; and(ii) the director;at least ninety (90) days before the cancellation date; and(B) the director accepts the cancellation.(3) A notice of cancellation of a corporate guarantee may be accepted by the director if:(A) the applicant obtains a suitable replacement bond allowed under IC 13-4.1-6 (before its repeal) or IC 14-34-6 before the cancellation date; or(B) the land or parts of the land for which the self-bond was accepted have not been disturbed.[Pre-1995 Recodification Citation: 13-4.1-6.3-9.]As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.15.
IN Code § 14-34-7-6 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 7. Self-Bonding|14-34-7-6. Self-Bond or Corporate Guarantee; Percentage of Net Worth

Sec. 6. (a) For the director to accept an applicant's self-bond, the total amount of the outstanding and proposed self-bonds of the applicant for surface coal mining and reclamation operations in the United States may not exceed twenty-five percent (25%) of the applicant's tangible net worth in the United States.(b) For the director to accept a corporate guarantee, the total amount of the corporate guarantor's present and proposed self-bonds and guaranteed self-bonds for surface coal mining and reclamation operations in the United States may not exceed twenty-five percent (25%) of the guarantor's tangible net worth in the United States.[Pre-1995 Recodification Citation: 13-4.1-6.3-10.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-7-7 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 7. Self-Bonding|14-34-7-7. Indemnity Agreement

Sec. 7. If the director accepts an applicant's self-bond, an indemnity agreement shall be submitted to the director. The indemnity agreement must meet the following requirements:(1) The indemnity agreement must provide in express terms that the persons or parties bound by the agreement are liable to the director for all costs incurred by the director:(A) in pursuing forfeiture of any self-bonds posted by the permittee for whom the indemnity agreement was submitted; and(B) in reclaiming those areas at which the permittee for whom the indemnity agreement was submitted retains excess monetary liability to the director under IC 14-34-6-16(c).(2) The indemnity agreement must:(A) be executed by all persons and parties who are to be bound by the agreement, including the corporate guarantor; and(B) bind each party jointly and severally.(3) A corporation applying for a self-bond and a corporate guarantor guaranteeing a self-bond must submit an indemnity agreement signed by two (2) corporate officers who are authorized to bind the corporation. The director must be given a copy of the authorization and an affidavit certifying that the indemnity agreement is valid under all applicable state and federal laws. A corporate guarantor must give the director a copy of the corporate authorization demonstrating that the corporation may guarantee the self-bond and execute the indemnity agreement.(4) If the applicant is a partnership, joint venture, or syndicate, the agreement must bind each partner or party who has a beneficial interest, directly or indirectly, in the applicant.(5) The applicant or corporate guarantor must complete the approved reclamation plan for the land as to which a bond has been forfeited for failure to reclaim or pay to the director an amount necessary to complete the approved reclamation plan, not to exceed the bond amount.(6) All bonds and guarantees must be indemnified corporately and personally by all principals.[Pre-1995 Recodification Citation: 13-4.1-6.3-11.]As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.16.
IN Code § 14-34-7-8 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 7. Self-Bonding|14-34-7-8. Updated Information for Self-Bond or Corporate Guarantee

Sec. 8. The director shall require self-bonded applicants and corporate guarantors to submit:(1) an update of the information required under section 4(d)(7), 4(d)(8), and 4(f) of this chapter within ninety (90) days after the close of each fiscal year; and(2) information required under section 4(d)(8)(B) of this chapter on a quarterly basis not later than sixty (60) days after the end of each quarter;following the issuance of the self-bond or corporate guarantee.[Pre-1995 Recodification Citation: 13-4.1-6.3-12.]As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.18.
IN Code § 14-34-7-9 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 7. Self-Bonding|14-34-7-9. Change in Financial Condition

Sec. 9. (a) If at any time during the period when a self-bond is posted, the financial conditions of the applicant or the corporate guarantor change so that the criteria of sections 4(d)(7), 4(f), and 6 of this chapter are no longer satisfied, the permittee shall do the following:(1) Notify the director immediately.(2) Within ninety (90) days of the change in financial condition post an alternate form of bond in the same amount as the self-bond.(b) If the applicant does not post an alternate form of bond within ninety (90) days of the change in financial condition, the applicant must cease coal extraction and immediately begin reclamation.[Pre-1995 Recodification Citation: 13-4.1-6.3-13.]As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.19.
IN Code § 14-34-7-10 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 7. Self-Bonding|14-34-7-10. Report of Public Accounting Consultant

Sec. 10. (a) An applicant shall submit, in addition to the financial information required under section 4 of this chapter, a report prepared by a qualified independent public accounting consultant selected from a list of public accounting consultants approved by the director. The director shall consider the information in the report when deciding whether to accept the self-bond of an applicant.(b) The director may also require reports described in subsection (a) after the director accepts the applicant's self-bond, but not more than one (1) time every three (3) years while the self-bond is posted, except as provided in subsection (d).(c) A consultant who prepares a report under this section must:(1) verify that the financial information required under section 4 of this chapter was prepared in accordance with generally accepted accounting principles;(2) verify that the accounting principles referred to in subdivision (1) were applied consistently for each year of the period for which the information is submitted;(3) state the amount of, and reason for, any restatement of the financial information referred to in subdivision (1) that is necessary to meet the requirements of subdivision (2); and(4) state whether any information reviewed during the preparation of the report would lead the consultant to conclude that the applicant would not meet the requirements of section 4 of this chapter at the end of each of the three (3) fiscal years ending after the calendar month in which the report is completed.(d) If the consultant who prepares a report under this section is unable to provide the information required by subsection (c)(4), the applicant for whom the report is prepared shall submit an updated report annually.(e) An applicant shall submit a report required under this section not later than ninety (90) days after the director notifies the applicant or permittee that the report is required.(f) If an applicant fails to submit a report required under subsection (a), the director shall refuse to accept the self-bond of the applicant until the applicant files the report.(g) If a permittee who has posted a self-bond under this chapter fails to submit a report required under subsection (b), the director may require the permittee to post an alternate form of bond not later than ninety (90) days after the deadline for the submission of the report.As added by P.L.176-1995, SEC.20.