reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 4. Governance of a Watershed Development Commission › 14-30.5-4-5. Advisory Committee; Members; Exception for St. Joseph River Basin Commission if Transformed

Sec. 5. (a) There is established for each watershed development commission an advisory committee to provide counsel to the board of the commission.
(b) Except as provided in subsection (c), a watershed development commission advisory committee established under this section consists of a member or representative of the board of supervisors of the soil and water conservation district of each county that is a member of the commission, selected by the board of supervisors.
(c) If the St. Joseph watershed development commission is established under IC 14-30-3-33:
(1) the individuals serving as members of the St. Joseph River basin commission under IC 14-30-3-8 become members of the advisory committee of the St. Joseph watershed development commission;
(2) the term of office of an individual who becomes a member of the advisory committee of the St. Joseph watershed development commission under subdivision (1) is as provided in IC 14-30-3-9; and
(3) upon:
(A) the expiration under IC 14-30-3-9; or
(B) the termination under any other circumstances;
of the term of office of an individual described in subdivision (1), the office of the individual shall be filled by a successor according to IC 14-30-3-33(i)(4).
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 4. Governance of a Watershed Development Commission › 14-30.5-4-6. Ad Hoc Advisory Committees

Sec. 6. (a) The board of a watershed development commission may establish an ad hoc advisory committee other than the advisory committee established under section 5 of this chapter to advise the board on one (1) or more particular subjects.
(b) The board may appoint to an ad hoc advisory committee established under this section any individual whose knowledge, experience, training, or interest enables the individual to provide counsel to the board concerning the subject or subjects referred to in subsection (a).
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 4. Governance of a Watershed Development Commission › 14-30.5-4-7. Advisory Committee Members Serve Without Compensation

Sec. 7. A member of an advisory committee established under section 5 of this chapter or a member of an ad hoc advisory committee established under section 6 of this chapter is not entitled to compensation for the member's services.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 5. Funding of a Watershed Development Commission › 14-30.5-5-2. Public Informational Meetings About Uses of Revenue

Sec. 2. (a) Before January 1 of a calendar year in which an annual special assessment will be imposed under section 1(b) of this chapter or the watershed development commission will be supported through another method under section 1(d) of this chapter, the board of the watershed development commission must hold at least two (2) public informational meetings in each county that is a member of the watershed development commission concerning:
(1) the nature and details of the special assessment imposed under section 1(b) or 1(c) of this chapter or the support provided under section 1(d) of this chapter; and
(2) a description of:
(A) the flood damage reduction projects;
(B) the administrative needs; and
(C) if the watershed district has water quality purposes under IC 14-30.5-3-1(b), the water quality projects and actions;
for which the revenue generated from the annual special assessment imposed under section 1(b) or 1(c) of this chapter or the support provided under section 1(d) of this chapter will be used.
(b) A majority of the members of the board of the watershed development commission, including the executive director of the board and the member or members of the board who were appointed from the county in which the meeting is being held, must be present for a meeting held under subsection (a).
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 5. Funding of a Watershed Development Commission › 14-30.5-5-4. Procedure if County Fails to Pay Special Assessments or Direct Support

Sec. 4. (a) If:
(1) a county fails to pay direct support or special assessments to the watershed development commission when due under section 1(e) or 3(e) of this chapter; and
(2) more than thirty (30) days have elapsed since the due date;
the watershed development commission shall notify the auditor of state of the county's failure to pay and the amount due from the county. The commission may request that the auditor of state pay the amount due from local income taxes otherwise distributable to the county under IC 6-3.6. The auditor of state shall immediately contact the county auditor and the commission to confirm whether the county is unable to make the required payment. Upon confirming the county's inability to make the payment, the auditor of state shall deduct the amount due from the next distribution of local income taxes allocated to the county under IC 6-3.6.
(b) This section shall be interpreted liberally to ensure that the obligations of the watershed development commission are paid to the extent legally valid. However, this section does not create a debt of the state.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 5. Funding of a Watershed Development Commission › 14-30.5-5-5. Uses of Money Retained by County

Sec. 5. A county shall use money retained under section 3(d)(2) and 3(d)(3) of this chapter for the following purposes:
(1) To improve flood storage capacity along the rivers in the designated watershed of the watershed development commission.
(2) For flood damage reduction and drainage projects within the designated watershed of the commission.
However, money may not be used for highway bridge repairs or reconstruction.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 5. Funding of a Watershed Development Commission › 14-30.5-5-6. Special Assessments to Be Deposited Into a Segregated Account; Uses; Reimbursement of Owner of Land Used for Flood Storage

Sec. 6. (a) A watershed development commission shall deposit special assessments received under section 3 of this chapter into a segregated account maintained by the commission. Except as provided in subsection (b), special assessments deposited into the account may not be transferred into other accounts belonging to the commission. Money in the account may be used only for the following purposes:
(1) To pay expenses directly related to the acquisition, construction, or improvement of real property, a facility, a betterment, or an improvement constituting part of a project of the commission, including acquisition of the site for a project.
(2) To pay expenses directly related to the operation, repair, and maintenance of flood protection systems within the commission's designated watershed.
(3) To pay the annual installment and interest on a loan or other financial assistance received by the commission under IC 5-1.2-13.
(4) To pay:
(A) the compensation of:
(i) the executive director of the commission appointed under IC 14-30.5-4-2(e)(1); and
(ii) the individuals holding any other offices of the commission established under IC 14-30.5-4-2(e)(2); and
(B) other administrative expenses of the commission.
Money in the account may not be used for highway bridge repairs or reconstruction.
(b) A watershed development commission that has:
(1) obtained easements from landowners; or
(2) entered into contracts with landowners;
allowing the use of land for flood storage purposes shall establish an account for reimbursing the landowners for the use of their land for flood storage. The account consists of money transferred from the segregated account described in subsection (a). A commission may transfer into the account established under this subsection amounts that the board of the commission considers appropriate.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 5. Funding of a Watershed Development Commission › 14-30.5-5-7. Potential Additional Disbursements From Member Communities; Regional Planning Commission Support

Sec. 7. (a) The counties that are members of a watershed development commission may budget, appropriate, and disburse to the commission a sum of money each year to carry out the purposes of the commission under this article. A sum disbursed to the commission under this section must be in addition to payments made to the commission under sections 1 through 3 of this chapter.
(b) Upon request from a watershed development commission, a regional planning commission established under IC 36-7-7 or IC 36-7-7.6 may:
(1) furnish support staff needed by the watershed development commission; and
(2) collect a reasonable charge from the watershed development commission for the staff furnished.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 5. Funding of a Watershed Development Commission › 14-30.5-5-8. Watershed Development Commission Annual Budget; Board Approval; Submitted to Local Governmental Entities; Nonreverting Cumulative Fund

Sec. 8. (a) The board of a watershed development commission shall do the following:
(1) Prepare and adopt by majority vote an annual budget for the commission.
(2) Submit the budget to each county, municipality, or agency appropriating money for the use of the commission.
(b) After the board of a watershed development commission approves an annual budget, the commission may expend money only as budgeted unless a majority vote of the board of the commission authorizes the expenditure other than according to the budget.
(c) Any appropriated amounts remaining unexpended or unencumbered at the end of a year become part of a nonreverting cumulative fund to be held in the name of the watershed development commission. The board of a commission may authorize unbudgeted expenditures from this fund by a majority vote of the board.
(d) A watershed development commission is responsible for the safekeeping and deposit of money it receives under this chapter. The state board of accounts shall:
(1) prescribe the methods and forms for keeping; and
(2) periodically audit;
the accounts, records, and books of each watershed development commission.
(e) The secretary-treasurer of the board of a watershed development commission may receive, disburse, and handle money belonging to the commission, subject to the following:
(1) Applicable statutes.
(2) Procedures established by the board of the commission.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 6. Public Works Projects of a Watershed Development Commission › 14-30.5-6-1. Use of Undeveloped Public Land for Flood Storage

Sec. 1. (a) For purposes of this section, "undeveloped public land" does not include the following:
(1) State parks established under IC 14-19.
(2) Nature preserves established under IC 14-31.
(3) Other public lands that must be used for purposes other than flood damage reduction storage as a condition of:
(A) federal or state law; or
(B) funding received from federal, state, or private sources.
(b) A watershed development commission shall coordinate its flood damage reduction activities with the department and other public agencies to ensure that undeveloped public land is used for providing flood storage to the greatest extent feasible before other lands are used.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 6. Public Works Projects of a Watershed Development Commission › 14-30.5-6-2. Review of Proposed Public Works Project by Division of Water

Sec. 2. (a) Before undertaking a flood damage reduction, drainage, storm water management, recreation, or water infrastructure public works project (or, if a watershed development commission has water quality purposes under IC 14-30.5-3-1(b), a water quality public works project) that:
(1) may be subject to regulation under:
(A) IC 14-26-5; or
(B) IC 14-28-1; or
(2) may require an individual permit under Section 404 of the federal Clean Water Act (33 U.S.C. 1344);
a watershed development commission shall request a review of the project through a written notification to the department's division of water (referred to as "the division" in this section). The notification may include a request to schedule an onsite field review of the project.
(b) If an onsite field review is requested under subsection (a), the division, not more than fourteen (14) days after receiving the request, shall contact:
(1) the county surveyor of each county that is a member of the watershed development commission; and
(2) the department of environmental management;
to establish a date, time, and location for the onsite field review.
(c) An onsite field review requested under subsection (a) shall be conducted by a team consisting of:
(1) one (1) or more representatives of each county that is a member of the watershed development commission;
(2) one (1) or more representatives of the department including an engineer from the division;
(3) one (1) or more representatives of the department of environmental management; and
(4) representatives of the soil and water conservation district of each county in which the project will be conducted.
(d) Not more than thirty (30) calendar days after the completion of an onsite field review under this section, the division shall provide to the county surveyor of each county that is a member of the watershed development commission a written summary of the onsite field review. The summary must contain the following:
(1) A narrative and map defining the project location.
(2) A description of the work proposed for the project.
(3) A statement of:
(A) the conditions that the department would place on a permit for the project to mitigate any unreasonable or detrimental effects that may occur as a result of the proposed work;
(B) the conditions that the department of environmental management would place on a certification for the project under Section 401 of the federal Clean Water Act (33 U.S.C. 1341), if it is possible to ensure compliance with Section 401 by placing conditions on the certification; or
(C) both sets of conditions described in clauses (A) and (B).
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 6. Public Works Projects of a Watershed Development Commission › 14-30.5-6-3. Preference for Indiana Business in Public Works Projects

Sec. 3. (a) A watershed development commission may give a preference to an Indiana business that submits a bid under this article in connection with a public works project if both of the following apply:
(1) An out-of-state business also submits a bid.
(2) The out-of-state business is a business from a state that gives public works preferences unfavorable to Indiana businesses.
(b) A watershed development commission shall establish criteria for determining the following:
(1) Whether a bidder qualifies as an Indiana business.
(2) Whether another state's public works preference is unfavorable to Indiana businesses.
(3) The method by which the preference for Indiana businesses is to be computed.
(c) The preference that a watershed development commission gives to an Indiana business over an out-of-state business under this section may not be more favorable to the Indiana business than the preference of the state of the out-of-state business is to that state's businesses.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 6. Public Works Projects of a Watershed Development Commission › 14-30.5-6-4. Information to Be Provided by Bidder; Indiana Employee and Subcontractor Goal

Sec. 4. (a) Each contractor entering a bid for a public works project of a watershed development commission must provide the watershed development commission with information on:
(1) the number of residents of Indiana who will be employed by the contractor; and
(2) the number of residents of Indiana who will be employed by any subcontractor of the contractor.
(b) The goal for a contract awarded by a watershed development commission for a public works project is to award the contract to a contractor that:
(1) employs residents of Indiana as at least ninety percent (90%) of the employees who work on the contract; and
(2) enters into subcontracts only with subcontractors who employ residents of Indiana as at least ninety percent (90%) of the employees who work on the subcontract.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-1. Public Policy

Sec. 1. (a) As part of the continuing growth of the population and the development of the economy of Indiana, it is necessary and desirable that areas of unusual natural significance be set aside and preserved for the benefit of present and future generations before the areas have been destroyed. Once the areas have been destroyed, the areas cannot be wholly restored. The areas are irreplaceable as:
(1) laboratories for scientific research;
(2) reservoirs of natural materials, not all of the uses of which are now known;
(3) habitats for plant and animal species and biotic communities whose diversity enriches the meaning and enjoyment of human life;
(4) living museums where people may observe natural biotic and environmental systems of the earth and the interdependence of all forms of life; and
(5) reminders of the vital dependence of the health of the human community upon the health of the natural communities of which the human community is an inseparable part.
(b) It is essential to the people of Indiana that the people retain the opportunities to:
(1) maintain close contact with the living communities and environmental systems of the earth described in subsection (a); and
(2) benefit from the scientific, esthetic, cultural, and spiritual values the living communities and environmental systems possess.
(c) It is therefore the public policy of Indiana that:
(1) the department establish and maintain a registry of the areas described in subsection (a);
(2) the state acquire and preserve the areas described in subsection (a); and
(3) other agencies, organizations, and individuals, both public and private, be encouraged to set aside the areas described in subsection (a) for the common benefit of the people of present and future generations.
[Pre-1995 Recodification Citation: 14-4-5-1.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-2. "Area" Defined

Sec. 2. As used in this chapter, "area" means an area of land, water, or both land and water, whether in public or private ownership, that meets one (1) or both of the following conditions:
(1) Retains or has reestablished the area's natural character, although the area need not be undisturbed.
(2) Has:
(A) unusual flora or fauna; or
(B) biotic, geological, scenic, or paleontological features;
of scientific or educational value.
[Pre-1995 Recodification Citation: 14-4-5-2(a).]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-3. "Articles of Dedication" Defined

Sec. 3. As used in this chapter, "articles of dedication" means the writing by which an estate, an interest, or a right in an area is formally dedicated as permitted by section 14 of this chapter.
[Pre-1995 Recodification Citation: 14-4-5-2(d).]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-4. "Dedicate" and "Dedication" Defined

Sec. 4. As used in this chapter, "dedicate" and "dedication" mean the transfer to the department, for and on behalf of the state, of an estate, an interest, or a right in an area in any manner permitted by sections 10 through 13 of this chapter.
[Pre-1995 Recodification Citation: 14-4-5-2(c).]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-5. "Nature Preserve" Defined

Sec. 5. As used in this chapter, "nature preserve" means an area in which an estate, an interest, or a right has been formally dedicated under this chapter.
[Pre-1995 Recodification Citation: 14-4-5-2(b).]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-6. "System" Defined

Sec. 6. As used in this chapter, "system" means the nature preserves held under this chapter.
[Pre-1995 Recodification Citation: 14-4-5-2(e).]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-7. Purpose

Sec. 7. To secure for the people of Indiana of present and future generations the benefits of an enduring resource of areas, the state shall, acting through the department, acquire and hold in trust for the benefit of the people an adequate system of nature preserves for the following uses and purposes:
(1) For scientific research in fields such as ecology, taxonomy, genetics, forestry, pharmacology, agriculture, soil science, geology, paleontology, conservation, and similar fields.
(2) For the teaching of biology, natural history, ecology, geology, conservation, and other subjects.
(3) As habitats for plant and animal species and communities and other natural objects.
(4) As reservoirs of natural materials.
(5) As places of natural interest and beauty.
(6) As living illustrations of our natural heritage in which an individual may observe and experience natural biotic and environmental systems of the earth and the processes of the systems.
(7) To promote understanding and appreciation of the esthetic, cultural, scientific, and spiritual values of the areas by the people of Indiana.
(8) For the preservation and protection of nature preserves against modification or encroachment resulting from occupation, development, or other use that would destroy the natural or aesthetic conditions of nature preserves.
[Pre-1995 Recodification Citation: 14-4-5-3 part.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-8. Registry of Natural Areas

Sec. 8. To give recognition to natural areas, the department shall establish and maintain a registry of natural areas of unusual significance. However, a registered area is not a nature preserve unless the area has been dedicated under this chapter.
[Pre-1995 Recodification Citation: 14-4-5-3 part.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-9. Administration

Sec. 9. The division of nature preserves shall administer this chapter.
[Pre-1995 Recodification Citation: 14-4-5-4 part.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-10. Property Rights

Sec. 10. (a) The department may, on behalf of the state, acquire nature preserves by gift, devise, purchase, exchange, condemnation, or any other method of acquiring real property or an estate, an interest, or a right in real property. However, an interest owned by the state or by a subdivision of the state may be dedicated only by voluntary act of the agency having jurisdiction. The department may acquire the fee simple interest in an area or a lesser estate, interest, or right in an area, including any of the following:
(1) A leasehold estate.
(2) An easement:
(A) either:
(i) appurtenant; or
(ii) in gross; and
(B) either:
(i) granting the state specified rights of use;
(ii) denying to the grantor specified rights of use; or
(iii) both.
(3) A license.
(4) A covenant.
(5) Other contractual rights.
(b) A nature preserve may be acquired voluntarily for the consideration that the department considers advisable or without consideration.
[Pre-1995 Recodification Citation: 14-4-5-6(a).]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-11. Dedication of Property

Sec. 11. (a) An estate, an interest, or a right in an area may be dedicated by any of the following:
(1) A state agency having jurisdiction of the area.
(2) Any other unit of government within Indiana having jurisdiction of the area.
(3) A private owner of the area.
(b) A dedication is effective and an area becomes a nature preserve only upon the acceptance of the articles of dedication by the department. Articles of dedication shall be placed on public record in the proper record in the county in which the area is located.
[Pre-1995 Recodification Citation: 14-4-5-6(b).]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-12. Articles of Dedication

Sec. 12. Articles of dedication may do the following:
(1) Contain restrictions and other provisions relating to the following:
(A) Management.
(B) Use.
(C) Development.
(D) Transfer.
(E) Public access.
(F) Other restrictions and provisions that are necessary or advisable to further the purposes of this chapter.
(2) Consistent with the purposes of this chapter, define the respective rights and duties of the owner or operating agency and of the department.
(3) Provide procedures to be applied in case of violation of the restrictions and other provisions.
(4) Recognize and create any of the following:
(A) Reversionary rights.
(B) Transfers upon conditions or with limitations.
(C) Gifts over.
(5) Vary in provisions from one (1) nature preserve to another in accordance with differences in the characteristics and conditions of the different areas.
[Pre-1995 Recodification Citation: 14-4-5-6(c).]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-13. Amendments of Articles of Dedication

Sec. 13. With the approval of the governor and upon the terms and conditions that the department determines, the department may, after the giving of notice and the holding of a public hearing under section 16 of this chapter, enter into amendments of articles of dedication upon a finding by the commission that the amendments will not permit:
(1) an impairment;
(2) a disturbance;
(3) a use; or
(4) a development;
of the area inconsistent with the purposes of this chapter. However, if the fee simple interest in an area is not held by the state under this chapter, an amendment may not be made without the written consent of the owner of the other interests in the area.
[Pre-1995 Recodification Citation: 14-4-5-6(d).]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-14. Duties of Department

Sec. 14. To further the purposes of and to implement this chapter, the department shall do the following:
(1) Formulate policies for the selection, acquisition, use, management, and protection of nature preserves.
(2) Formulate policies for the selection of areas suitable for registration under this chapter.
(3) Formulate policies for the dedication of areas as nature preserves.
(4) Determine, supervise, and control the management of nature preserves and adopt and amend rules necessary or advisable for the use and protection of nature preserves.
(5) Encourage and recommend the dedication of areas as nature preserves.
(6) Make surveys and maintain registries and records of unique natural areas within Indiana.
(7) Carry on interpretive programs and publish and disseminate information pertaining to nature preserves and other areas within Indiana.
(8) Promote and assist in the establishment, restoration, and protection of and advise in the management of natural areas and other areas of educational or scientific value and otherwise to foster and aid in the establishment, restoration, and preservation of natural conditions within Indiana other than in the system.
[Pre-1995 Recodification Citation: 14-4-5-7.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-15. Treatment of Nature Preserves

Sec. 15. (a) The nature preserves within the system:
(1) are to be held in trust for the benefit of the people of Indiana of present and future generations for those uses and purposes expressed in this chapter that are not prohibited by the articles of dedication;
(2) are declared to be put to the highest, best, and most important use for the public benefit;
(3) shall be managed and protected in the manner approved by and subject to the rules adopted by the department; and
(4) may not be taken for any other use except another public use:
(A) after a finding by the commission of the existence of an imperative and unavoidable public necessity for the other public use; and
(B) with the approval of the governor.
(b) Except as otherwise provided in the articles of dedication, the department may:
(1) grant, upon the terms and conditions that the department determines, an estate, an interest, or a right in; or
(2) dispose of;
a nature preserve.
(c) The department may take action under subsection (b) only:
(1) after a finding by the commission of the existence of an imperative and unavoidable public necessity for the grant or disposition; and
(2) with the approval of the governor.
[Pre-1995 Recodification Citation: 14-4-5-8.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-16. Notice of Proposed Action

Sec. 16. (a) Before the commission:
(1) makes a finding of the existence of an imperative and unavoidable public necessity under section 15 of this chapter;
(2) grants an estate, an interest, or a right in a nature preserve under section 15 of this chapter;
(3) disposes of a nature preserve or an estate, an interest, or a right in a nature preserve under section 15 of this chapter; or
(4) enters into an amendment of articles of dedication under section 13 of this chapter;
the department must give notice of the proposed action and an opportunity for any person to be heard.
(b) The notice must be published at least one (1) time in a newspaper printed in the English language with a general circulation in each county in which the nature preserve is located. The notice must do the following:
(1) Set forth the substance of the proposed action.
(2) Describe, with or without legal description, the nature preserve affected.
(3) Specify a place and time not less than thirty (30) days after the publication for a public hearing before the commission on the proposed action.
(c) All persons desiring to be heard shall be given a reasonable opportunity to be heard before action by the commission on the proposal.
[Pre-1995 Recodification Citation: 14-4-5-9.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-17. Political Units, Departments, Agencies, and Instrumentalities Urged to Dedicate Suitable Areas

Sec. 17. All units, departments, agencies, and instrumentalities of the state, including:
(1) counties;
(2) townships;
(3) municipalities;
(4) public corporations;
(5) boards;
(6) commissions;
(7) colleges; and
(8) universities;
may and are urged to dedicate as nature preserves suitable areas or parts of areas within their jurisdiction.
[Pre-1995 Recodification Citation: 14-4-5-10.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 1. Nature Preserves › 14-31-1-18. Noninterference With Parks, Preserves, Refuges, or Other Areas

Sec. 18. (a) Except as provided in subsection (b), this chapter does not interfere with:
(1) the purposes stated in the establishment of or pertaining to; or
(2) the proper management and development of:
a state or local park, preserve, wildlife refuge, or other area.
(b) An agency administering an area dedicated as a nature preserve under this chapter is responsible for preserving the character of the area in accordance with the articles of dedication and the applicable rules concerning nature preserves that the department adopts.
(c) The dedication of an area as a nature preserve or an action taken by the department under this chapter does not void or replace a protected status under law that an area would have if the area were not a nature preserve. The protective provisions of this chapter are supplemental to the protected status under law.
[Pre-1995 Recodification Citation: 14-4-5-11.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-1. Purposes

Sec. 1. The general purposes of this chapter are to do the following:
(1) Promote the general health and welfare of citizens of Indiana by promoting the preservation of areas of unusual natural interest for scientific, educational, recreational, cultural, and aesthetic purposes as a link to Indiana's past and a legacy to Indiana's future.
(2) Provide for the completion of Indiana's nature preserve system through a joint public and private campaign for protection of the best available remaining examples of the natural systems that represent Indiana's natural heritage before those unique and outstanding public resources are lost.
(3) Provide for the maintenance and management of those natural areas and the rare native species for which the areas are habitat.
[Pre-1995 Recodification Citation: 14-4-5.1-1.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-2. "Appraised Value" Defined

Sec. 2. As used in this chapter, "appraised value" means the value of property without consideration of the effect, if any, of dedication or other preservation related restrictions.
[Pre-1995 Recodification Citation: 14-4-5.1-2 part.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-3. "Campaign" Defined

Sec. 3. As used in this chapter, "campaign" refers to the Indiana natural heritage protection campaign established by this chapter.
[Pre-1995 Recodification Citation: 14-4-5.1-2 part.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-4. "Division" Defined

Sec. 4. As used in this chapter, "division" refers to the division of nature preserves.
[Pre-1995 Recodification Citation: 14-4-5.1-2 part.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-5. "Fund" Defined

Sec. 5. As used in this chapter, "fund" refers to the Indiana natural heritage protection fund established by this chapter.
[Pre-1995 Recodification Citation: 14-4-5.1-2 part.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-6. "Registry" Defined

Sec. 6. As used in this chapter, "registry" refers to the Indiana natural areas registry:
(1) created by IC 14-31-1-8; and
(2) administered by the division under IC 14-31-1-9.
[Pre-1995 Recodification Citation: 14-4-5.1-2 part.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-7. "Trust I" Defined

Sec. 7. As used in this chapter, "trust I" refers to the Indiana natural heritage stewardship trust I authorized by this chapter.
[Pre-1995 Recodification Citation: 14-4-5.1-2 part.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-8. "Trust Ii" Defined

Sec. 8. As used in this chapter, "trust II" refers to the Indiana natural heritage stewardship trust II authorized by this chapter.
[Pre-1995 Recodification Citation: 14-4-5.1-2 part.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-9. Natural Heritage Protection Fund

Sec. 9. (a) The Indiana natural heritage protection fund is established. The department shall administer the fund to effect the purposes of this chapter.
(b) The department may expend fund resources, except as provided in section 11 of this chapter, only when property or property interests are acquired as part of the campaign. Acquisition includes the following:
(1) Purchase of property interest by the department.
(2) Acceptance by the department of gifts of property interests as campaign projects.
(3) At the department's option, reimbursement to entities that are not departments or agencies of the state of part or all of the acquisition costs, not to exceed the appraised value, of natural areas or property interest:
(A) that those entities have purchased; and
(B) to which those entities desire to keep title.
However, reimbursement is permitted only when the proposed acquisition project is dedicated as a nature preserve under IC 14-31-1 or under IC 14-4-5 (before its repeal), or the natural features of the site that justify acquisition are otherwise permanently protected through similarly binding legal mechanisms.
(c) The department may expend fund resources supplied by the state only to the extent the resources have been matched with contributions to the fund of equal value from private sources. The private contributions:
(1) may be made in cash or in contributions of land or property interests that are designated by the department as campaign acquisitions; and
(2) shall be valued, for the purposes of this subsection, in accordance with the appraised value.
(d) The fund shall be managed to earn the highest interest compatible with prudent investment, preservation of principal, and reasonable liquidity. Absent reversion under subsection (e), principal and interest remain in the fund until expended under this chapter.
(e) Fund resources:
(1) appropriated by the state; and
(2) not matched within three (3) years from the date of the appropriation;
revert to the state general fund.
[Pre-1995 Recodification Citations: 14-4-5.1-2 part; 14-4-5.1-3(a).]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-10. Contributions and Pledges

Sec. 10. (a) The department may accept contributions and pledges to the fund. Pledges made contingent on appropriation of state money are acceptable and shall be reported with other pledges as set forth in this section.
(b) On each December 1 that precedes the beginning of a new budgetary biennium, until the campaign size limit is reached, the department shall include:
(1) the amount that has been contributed; and
(2) the amount that has been pledged for payment in the succeeding two (2) calendar years;
in the department's budget request.
(c) In addition to the budget request, the department shall report the amounts to:
(1) the governor; and
(2) the chairmen of the standing committees in the house of representatives and senate considering issues of finance and natural resources;
so that those public officials can take proper steps to secure the appropriation of a matching amount of public money for the fund.
(d) A similar state match of private contributions and pledges for successive years shall be requested in successive biennia until an amount not exceeding five million dollars ($5,000,000) is appropriated to accomplish the purposes of this chapter.
[Pre-1995 Recodification Citation: 14-4-5.1-3(b).]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-11. Transfer of Money to Stewardship Trusts

Sec. 11. (a) To ensure the proper management of natural areas acquired in the campaign, concurrent with the acquisition of each campaign site:
(1) an amount equal to twenty percent (20%) of the appraised value of the acquisition shall be transferred from the fund to an account designated the Indiana natural heritage stewardship trust I; and
(2) an amount equal to five percent (5%) of the appraised value of the acquisition shall be transferred from the fund to an account designated the Indiana natural heritage stewardship trust II.
(b) The amounts to be transferred from the fund to trust I and trust II must be fully and exclusively derived from the following:
(1) Private contributions to the fund.
(2) Interest earned on private contributions to the fund.
(c) Trust I and trust II shall be maintained in a financial institution having a uniform interagency trust composite rating of one (1) or two (2). The financial institution is the trustee of trust I and trust II.
[Pre-1995 Recodification Citation: 14-4-5.1-4.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-12. Trustee of Stewardship Trusts

Sec. 12. The trustee of trust I and trust II shall do the following:
(1) Accept the following:
(A) Transfers from the fund to trust I and trust II in accordance with this chapter.
(B) Any other unrestricted contribution to the trust.
(2) Invest contributions to trust I to earn the highest interest consistent with prudent management for permanent preservation of principal.
(3) Invest contributions to trust II to earn the highest interest consistent with prudent investment, preservation of principal, and reasonable liquidity.
(4) Distribute the income from trust I and trust II quarterly in accordance with the instructions to be provided by the division under section 15 of this chapter.
(5) Distribute the principal of trust II upon and in accordance with instructions from the division under section 16 of this chapter.
[Pre-1995 Recodification Citation: 14-4-5.1-5.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-13. Requisition of Natural Areas

Sec. 13. The department shall use the fund, in accordance with this chapter, to acquire natural areas by purchase, gift, or reimbursement to complete the state nature preserve system. A site may not be acquired as part of the campaign that has not been approved for registry. In addition, in making the determination as to whether particular sites of natural interest will be acquired as part of the campaign, the department shall consider whether the site:
(1) is a relatively undisturbed example of a native ecological community that is uncommon;
(2) is habitat for native plant or animal species classified as endangered or threatened by the division of nature preserves and the Indiana heritage program;
(3) is a superlative example of a native ecological community; or
(4) if acquired, would significantly enhance efforts to protect natural systems or features in an existing nature preserve or campaign acquisition.
[Pre-1995 Recodification Citation: 14-4-5.1-6.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-14. Maximum Acreage

Sec. 14. The total acreage to be acquired in the campaign may not exceed fifteen thousand (15,000) acres. Campaign acquisition purchases may be made only from willing sellers.
[Pre-1995 Recodification Citation: 14-4-5.1-7.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-15. Instructions for Trustee

Sec. 15. The division shall prepare, on a quarterly basis, instructions for the trustee of trust I and trust II regarding distribution of income. In preparing these instructions, the division shall consider the following:
(1) What entities have primary management responsibility for sites acquired as part of the campaign.
(2) The amount of campaign acquisition acreage for which each entity has primary management responsibility.
(3) Special management needs of particular campaign sites.
(4) Any special agreement between the department and a primary management entity in which the entity waives the right to be considered for a share of the income from trust I and trust II.
[Pre-1995 Recodification Citation: 14-4-5.1-8.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-16. Distribution of Principal

Sec. 16. The division may instruct the trustee of trust II to distribute part or all of the principal of trust II to an entity primarily responsible for management of a campaign acquisition if, in the discretion of the division, the income that can be made available to that entity from trust I and trust II under section 15 of this chapter is insufficient for the accomplishment of management activities that are necessary for the preservation of the natural features that justified the acquisition of the site.
[Pre-1995 Recodification Citation: 14-4-5.1-9.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 2. Indiana Natural Heritage Protection Campaign › 14-31-2-17. Rules

Sec. 17. The commission may adopt rules under IC 4-22-2 to implement this chapter.
[Pre-1995 Recodification Citation: 14-4-5.1-10.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 3. Ginseng › 14-31-3-1. "Buy"

Sec. 1. As used in this chapter, "buy" includes the following:
(1) Offer to buy.
(2) Trade or offer to trade.
(3) Barter or offer to barter.
[Pre-1995 Recodification Citation: 14-4-8-1 part.]
As added by P.L.1-1995, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 31. Nature Preserves › Chapter 3. Ginseng › 14-31-3-2. "Ginseng"

Sec. 2. (a) As used in this chapter, "ginseng" refers to American ginseng (Panax quinquefolius L.).
(b) The term does not include ginseng that is:
(1) ready for consumption; and
(2) sold or bought at retail.
[Pre-1995 Recodification Citation: 14-4-8-1 part.]
As added by P.L.1-1995, SEC.24.