reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 33 - Temporary Abandonment of Wells and Well Plugging Requirements › Section 33-12 - Plugging fluid disposal and pit closure requirements

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-37-3
Affected: IC 14-37
Sec. 12.
(a) Within
				thirty (30) days of the conclusion of well plugging operations, all fluids and
				materials in the plugging pit shall be managed according to the requirements of
				this section and the pits backfilled and restored as specified in subsection
				(d).
(b) The plugging pit contents
				shall be removed to the maximum extent practical and, if not reused or recycled
				at another well location, the wastes shall be disposed of in one (1) or more of
				the following manners:
(1) Transported to a
				permitted landfill authorized to accept this type of waste.
(2) Treatment and discharge of the fluid at
				an approved national pollutant discharge elimination system (NPDES) permitted
				facility.
(3) Disposal of the fluid
				by injection into a Class II well.
(4) Treated or disposed of by other means
				approved by the division director after consultation with the Indiana
				department of environmental management.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 33 - Temporary Abandonment of Wells and Well Plugging Requirements › Section 33-13 - Prohibition of unauthorized materials in a well

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-37-3
Affected: IC 14-37
Sec. 13.
(a) This
				section prohibits the placement or use of any foreign materials not expressly
				authorized under this article to plug a well.
(b) Except for an unavoidable loss of
				drilling and logging tools, production equipment, or damaged casing obstructing
				a well bore, an owner or operator shall not place or allow any unauthorized
				material in an unplugged well to fill or bridge the hole. Before plugging
				operations commence, any unauthorized material shall be removed.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 33 - Temporary Abandonment of Wells and Well Plugging Requirements › Section 33-14 - Plugging of a bridged well

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-37-3
Affected: IC 14-37
Sec. 14.
(a) If
				drilling or logging tools, production equipment, damaged casing, or other
				obstructive material are encountered and removal of the obstruction is
				impracticable, the division director or an authorized representative may
				approve alternative plugging requirements.
(b) In determining whether to approve
				alternative plugging requirements, the division shall consider the following:
(1) The time and cost of removing lost tools
				or equipment.
(2) The depth of the
				lost tools or equipment in relation to the depth of underground sources of
				drinking water.
(3) The condition
				of the well, including well construction and whether caving or other conditions
				may pose a substantial risk to further loss of tools or equipment.
(4) The potential for upward migration of
				well bore fluids into an underground source of drinking water.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 33 - Temporary Abandonment of Wells and Well Plugging Requirements › Section 33-15 - Placement of cement behind uncemented casings

Current through July 10, 2024
Authority: IC
				  14-37-3
Affected: IC 14-37
Sec. 15.
(a) This
				section establishes requirements for ensuring the placement of cement behind
				uncemented casing strings when plugging any well.
(b) If cement is not present outside a casing
				at each cement plug required in this rule, an owner or operator must remove,
				perforate, part, or rip the casing at fifty (50) foot intervals to ensure
				adequate cement is placed in the annular space behind the casing. The division
				may require an owner or operator to run a cement bond-variable density log if
				sufficient information is not otherwise available to determine the location of
				the cement outside the casing.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 33 - Temporary Abandonment of Wells and Well Plugging Requirements › Section 33-16 - Dry hole bottom plugs

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-37-3
Affected: IC 14-37
Sec. 16.
(a) This
				section establishes requirements for setting a bottom plug in a dry hole or
				another well in which production casing is not set and cemented.
(b) An owner or operator shall plug any well
				in which production casing is not set and cemented immediately after drilling
				ceases.
(c) The well shall be
				filled with drill cuttings or mud extending from the bottom of the well to at
				least fifty (50) feet below the deeper of:
(1)
				a commercially minable coal resource identified under
				312 IAC 29-17; or
(2) the base of the lowermost underground
				source of drinking water.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 33 - Temporary Abandonment of Wells and Well Plugging Requirements › Section 33-17 - Cased hole bottom plugs other than horizontal coal bed methane wells

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-37-3
Affected: IC 14-37
Sec. 17.
(a) This
				section establishes requirements for setting a bottom plug in a cased well
				other than a horizontal coal bed methane well.
(b) If an owner or operator uses the
				circulation method, and except as provided in subsection (d), a cement plug
				must be placed across each completed interval and across each exposed interval
				into which injection is occurring within a one-fourth (1/4) mile radius of the
				well. The bottom cement plug shall be set beginning from the shallower of:
(1) fifty (50) feet below the deepest
				completed interval; or
(2) total
				depth or plugged back total depth.
The plug shall extend at least two hundred fifty (250) feet
				  above the uppermost completed interval.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 33 - Temporary Abandonment of Wells and Well Plugging Requirements › Section 33-18 - Horizontal coal bed methane well bottom plugs

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-37-3
Affected: IC 14-37
Sec. 18.
(a) This
				section establishes requirements for the setting of bottom plugs in horizontal
				coal bed methane wells.
(b) Unless
				prior written consent is received under IC
				14-37-4-8.5(f) 
				and IC 14-37-4-8.5(g),
				an owner or operator must plug the horizontal drain hole portions of a coal bed
				methane well using the type and amounts of plugging materials specified in the
				plan previously approved under section 5 of this rule.
(c) The use of materials to plug horizontal
				drain hole portions of a coal bed methane well of a different type or the use
				of different amounts than specified in the plan previously approved under
				section 8 of this rule, may be used only if written consent is given by the
				coal owner and the director finds that such types or amounts of plugging
				materials are not likely to result in waste of the commercially minable coal
				resource or adversely affect the health and safety of underground
				miners.
(d) This section does not
				require an operator to plug the horizontal drain hole portion of a coal bed
				methane well, if the coal owner has given written consent to the drilling of
				the well under IC
				14-37-4-8.5(f) 
				and IC 14-37-4-8.5(g).
(e) Upon conclusion of the plugging of
				horizontal drain hole portions of a coal bed methane well, the owner or
				operator must either:
(1) place a cement
				bottom plug beginning from the plugged back total depth and extending for a
				minimum distance of two hundred fifty (250) feet above that point; or
(2) use mud to fill the well bore from
				plugged back total depth up to the kick-off point and place the cement bottom
				plug at the beginning of the well curve kick-off point and extend the plug for
				a minimum distance of two hundred fifty (250) feet above that point.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 33 - Temporary Abandonment of Wells and Well Plugging Requirements › Section 33-19 - Approved materials for filling intervals between plugs

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-37-3
Affected: IC 14-37
Sec. 19.
(a) This
				section establishes requirements for filling intervals between plugs required
				under this rule.
(b) Unless
				specified otherwise, the uncemented intervals between any plugs required under
				this rule may be filled with:
(1) pea
				gravel;
(2) crushed rock;
(3) mud or bentonite gel; or
(4) water.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 33 - Temporary Abandonment of Wells and Well Plugging Requirements › Section 33-20 - Plugging requirements to protect commercially minable coal resource

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-37-3
Affected: IC 14-37
Sec. 20.
(a) This
				section establishes requirements for plugging a well for oil and gas purposes
				to protect a coal seam identified as a commercially minable coal
				resource.
(b) Before preparing the
				notice and plan for well plugging under section 6 of this rule, the owner or
				operator must determine if a well is located within an area considered a
				commercially minable coal resource under
				312 IAC 29-17-1 and
				312 IAC 29-17-2.
(c) If a well to be plugged is located within
				an area considered a commercially minable coal resource, the owner or operator
				must submit a copy of the proposed well plugging plan to the coal owner,
				lessee, or other person with the right to develop the commercially minable coal
				resource by underground mining methods. Proof of notification may be
				demonstrated by one (1) or more of the following:
(1) A receipt from certified mail or other
				courier that provides proof of delivery.
(2) A signed and dated written statement from
				each party entitled to notice that identifies the well to be plugged and
				acknowledges receipt of a plugging plan.
(3) Copies of the plugging plan containing a
				dated signature from each party entitled to notice, acknowledging receipt of
				the plan.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 33 - Temporary Abandonment of Wells and Well Plugging Requirements › Section 33-21 - Top plug requirements

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-37-3
Affected: IC 14-37
Sec. 21.
(a) This
				section establishes requirements for setting a top plug in a well.
(b) An owner or operator must set a top plug
				beginning from a depth of at least fifty (50) feet below the lowermost
				underground source of drinking water and extending to a depth of three (3) feet
				below ground elevation.
(c) Within
				seventy-two (72) hours after setting a top plug under subsection (b), an owner
				or operator must confirm the level of the top of the cement inside the casing
				and outside the casing. If the cement top cannot be confirmed visually, the
				operator shall measure the depth to the top of the cement using a wireline or
				other suitable distance measuring method. The owner or operator must fill the
				casing and well annulus to within three (3) feet of the ground elevation with
				cement or other plugging material as provided in subsection (d).
(d) When the cement top has fallen no more
				than one hundred (100) feet below ground elevation, the well may be filled with
				bentonite or cement poured from the surface into the well and the well annulus.
				However, if there is a column of water greater than ten (10) feet on top of the
				cement, cement must be placed using the circulation method.
(e) The use of bentonite chips under
				subsection (d) shall comply with the following:
(1) The bentonite shall be of a grade
				commercially marketed for use in sealing or plugging earthen bore
				holes.
(2) Unless authorized by the
				division, the bentonite shall have a typical particle size of not less than
				three-eighths (3/8) inch.
Unless the bentonite chips are compressed or specially coated
				  to retard the rate of hydration when poured through standing water, the chips
				  shall be screened prior to placement in the well to remove fine
				  particles.
(3) When using
				bentonite chips to fill the annulus, the chips shall be poured directly into
				the annular space from the top of the well provided the hole diameter outside
				the annular space to be filled is at least one and one-half (1 1/2) inches
				greater than the outside diameter of the casing.
(4) The total volume of bentonite chips used
				shall be calculated to completely fill the intended top plug interval when
				fully hydrated. Sufficient water shall be placed into the well to ensure full
				hydration of the bentonite.
(5)
				Bentonite chips shall not be used in water containing an excess of twelve
				thousand (12,000) mg/L of total chlorides.
(6) Bentonite chips shall be poured into the
				well at a rate that prevents bridging in the well. It is recommended the chips
				be poured at a rate of two (2) to three (3) minutes per fifty (50) pound
				bag.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 33 - Temporary Abandonment of Wells and Well Plugging Requirements › Section 33-22 - Use of plugging materials other than cement

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-37-3
Affected: IC 14-37
Sec. 22.
The division director may approve the use of plugging
				  materials other than cement or bentonite chips as provided in section 20 of
				  this rule if an owner or operator demonstrates the material:
(1) provides equal or greater protection to
				commercially minable coal resources and underground sources of drinking water;
				and
(2) prevents movement of any
				oil, gas, coal bed methane, and other fluids from the original
				formations.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 33 - Temporary Abandonment of Wells and Well Plugging Requirements › Section 33-23 - Filing of well plugging reports

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-37-3
Affected: IC 14-37
Sec. 23.
(a) Within
				thirty (30) days after finishing well plugging operations under this rule, the
				owner or operator shall complete and file a plugging report with the division
				on a form provided by the division. The report shall:
(1) describe in detail the specific methods
				used to plug the well including the types and amounts of cement or, if used,
				bentonite as provided in section 20 of this rule or other materials as provided
				in section 21 of this rule;
(2) be
				signed by the well owner or operator and the person who performed the well
				plugging operations; and
(3)
				include an affidavit certifying that the well was plugged under IC
				14-37-8 and the requirements of
				this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 33 - Temporary Abandonment of Wells and Well Plugging Requirements › Section 33-24 - Final well site abandonment and reclamation

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-37-3
Affected: IC 14-37
Sec. 24.
(a) Within
				six (6) months after a well is plugged, the owner or operator shall do the
				following:
(1) Cut off and remove all casing
				from three (3) feet below ground elevation to the surface.
(2) Close workover tanks or plugging pits and
				handle the content in accordance with the requirements of
				312 IAC 29-21-3(b)
				 through
				312 IAC
				29-21-3(d).
(3) Except as otherwise provided in this
				subdivision, remove drilling and production equipment, rock or concrete bases,
				substructures, machinery, above ground flow lines, and equipment debris
				associated with the well. Rock or concrete bases may be buried on-site, if
				buried at least three (3) feet below ground surface. A landowner may assume
				responsibility for any equipment or structures, if the landowner submits a
				written release to the division on a division form that identifies any
				equipment or structure for which a landowner is assuming
				responsibility.
(4) Restore the
				well site as nearly as practicable to its condition before
				drilling.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 33 - Temporary Abandonment of Wells and Well Plugging Requirements › Section 33-25 - Approval or denial of applications; notice

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-37-3
Affected: IC 4-21.5; IC 14-37
Sec. 25.
(a) The
				division shall issue notice of approval or denial of an application submitted
				under sections 3, 4, 6, 14, and 18 of this rule in accordance with
				312 IAC 29-3-5.
(b) A decision to approve or deny an
				application is subject to IC 4-21.5.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 34 - Inspections and Enforcement › Section 34-1 - Inspection of wells and production facilities

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-37-3
Affected: IC 14-37
Sec. 1.
The division director or an authorized representative may at
				  any reasonable time enter upon public or private property where a well for oil
				  and gas purposes is being drilled or has been drilled for the purpose of
				  inspection to ascertain compliance with IC 14-37 and this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 34 - Inspections and Enforcement › Section 34-2 - Warning of noncompliance

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-37-3
Affected: IC 4-21.5; IC 14-37
Sec. 2.
(a) The
				division director or an authorized representative may issue a written warning
				of noncompliance under this section in lieu of a notice of violation. Nothing
				contained in this section precludes the immediate or subsequent issuance of a
				notice of violation.
(b) A written
				warning of noncompliance may be considered by the division director where the
				observed violation does not involve damage to property or pose an immediate
				threat to the environment or to public health or safety.
(c) A written warning of noncompliance is not
				subject to administrative review under IC 4-21.5.
(d) A written warning of noncompliance must
				include the following information:
(1) The
				nature of the noncompliance.
(2)
				The action appropriate to abate the noncompliance.
(3) The date by which the noncompliance must
				be abated.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 34 - Inspections and Enforcement › Section 34-3 - Notice of violation

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-37-3
Affected: IC 4-21.5; IC 14-37
Sec. 3.
(a) The
				division director or an authorized representative may issue a notice of
				violation against any person who violates IC 14-37 or this article.
(b) A written notice of violation shall
				include the following information:
(1) The
				nature of the violation.
(2) The
				action necessary to abate the violation.
(3) The date by which the violation must be
				abated.
(4) Notice that a person
				may file a written request for administrative review of the notice of violation
				within thirty (30) days of issuance at the following address:
Natural Resources Commission
Division of Hearings
Indiana Government Center North, Room N103 100 North Senate
				  Avenue
Indianapolis, Indiana 46204
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 34 - Inspections and Enforcement › Section 34-4 - Civil penalties

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-37-3
Affected: IC 4-21.5; IC 14-37
Sec. 4.
(a) The
				division director or authorized representative may assess a civil penalty for a
				violation of IC 14-37 or this article after considering the following factors:
(1) The seriousness of the violation
				including whether the violation:
(A) resulted
				in or had the potential to damage to property;
(B) adversely affected or had the potential
				to adversely affect the environment; or
(C) threatened or caused harm to public
				health or safety.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 34 - Inspections and Enforcement › Section 34-5 - Permit revocation procedure

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-37-3
Affected: IC 4-21.5; IC 14-37
Sec. 5.
(a) The
				division director may initiate a proceeding under IC 4-21.5and IC 14-37 to
				revoke a permit for a well for oil and gas purposes upon a finding that the:
(1) permit was issued through fraud or
				misrepresentation;
(2) information
				or conditions upon which a permit was issued have substantially changed since
				issuance;
(3) owner or operator has
				failed to maintain bond on a permit as specified in
				312 IAC 29-12-6;
(4) owner or operator has violated IC 14-37
				or this article;
(5) owner or
				operator of a well for oil and gas purposes is polluting the waters or land in
				Indiana; or
(6) owner or operator
				has been issued a notice of violation under section 3 of this rule and has
				failed to do at least one (1) of the following:
(A) Abate the violation within the prescribed
				period.
(B) Secure in writing an
				extension of time in which to abate the violation before the expiration of the
				period established for abatement.
(C) Request a proceeding under IC
				4-21.5-3-6 within:
(i) thirty (30) days after receipt of the
				notice of violation; or
(ii) the
				period provided by the division for abatement;
whichever is longer.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 29 - OIL AND GAS › Rule 34 - Inspections and Enforcement › Section 34-6 - Repermitting a well for oil and gas purposes following revocation

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-37-3
Affected: IC 14-37
Sec. 6.
A person, other than the person whose permit was revoked,
				  may obtain a permit for a well revoked under IC 14-37 and section 5 of this
				  rule if the person assumes full responsibility for:
(1) abatement of the violation; and
(2) operation, maintenance, and plugging of
				the well.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 1 - ACQUISITION AND DISPOSITION OF ARTIFACTS AND HISTORIC PROPERTY › Rule 1 - Applicability › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-4
Sec. 1.
This article provides standards for the acquisition and
				  disposition of artifacts and historic property by the
				  corporation.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 1 - ACQUISITION AND DISPOSITION OF ARTIFACTS AND HISTORIC PROPERTY › Rule 1 - Applicability › Section 1-2 - Authority for acquisition and disposition of artifacts and historic property

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-4
Sec. 2.
(a) The
				authority for acquisition and disposition of an artifact rests with the
				corporation chief executive officer or a delegate. The authority for
				acquisition and disposition of an artifact with restrictions rests with the
				board.
(b) The authority for
				acquisition and disposition of historic property rests with a committee of the
				board made up of the treasurer, vice chairperson, and two (2) members at
				large.
(c) An action taken under
				subsection (a) is subject to administrative review by the board and an action
				taken under subsection (a) involving restrictions rests with the board's
				executive committee.
(d) An action
				taken under subsection (b) is subject to administrative review by the full
				board.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 2 - DEFINITIONS › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 4-37-1; IC 4-37-2
Affected: IC 4-37
Sec. 1.
The definitions in this rule apply throughout this
				  title.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 2 - DEFINITIONS › Rule 1 - Definitions › Section 1-2 - "Accession" defined

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-4
Sec. 2.
"Accession" means the acquisition of an artifact for
				  inclusion in the curatorial collection of the corporation.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 2 - DEFINITIONS › Rule 1 - Definitions › Section 1-3 - "Artifact" defined

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC 4-37-4
Sec. 3.
"Artifact" means a natural or man-made object or material
				  constituting historic property.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 2 - DEFINITIONS › Rule 1 - Definitions › Section 1-4 - "Board" defined

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-2-1;
				  IC
				  4-37-3-1
Sec. 4.
"Board" means the board of trustees of the corporation
				  established by IC
				  4-37-2-1.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 2 - DEFINITIONS › Rule 1 - Definitions › Section 1-5 - "Corporation" defined

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-2-1
Sec. 5.
"Corporation" means the Indiana state museum and historic
				  sites corporation.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 2 - DEFINITIONS › Rule 1 - Definitions › Section 1-6 - "Corporation chief executive officer" defined

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-2-5
Sec. 6.
"Corporation chief executive officer" means the chief
				  executive officer of the corporation.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 2 - DEFINITIONS › Rule 1 - Definitions › Section 1-7 - "Curatorial collection" defined

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-4
Sec. 7.
"Curatorial collection" means artifacts acquired and
				  preserved by the corporation for their potential value as examples, reference
				  materials, or objects of aesthetic or educational importance.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 2 - DEFINITIONS › Rule 1 - Definitions › Section 1-8 - "Deaccession" defined

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-4
Sec. 8.
"Deaccession" means an acknowledgment that an artifact is no
				  longer in the curatorial collection of the corporation and may include transfer
				  of the artifact to another person if the transfer is noted on the museum
				  register.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 2 - DEFINITIONS › Rule 1 - Definitions › Section 1-9 - "Historic property" defined

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-4
Sec. 9.
"Historic property" means any:
(1) historic site;
(2) historic structure; or
(3) other personal or real property; located
				on or in a historic site or historic structure.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 2 - DEFINITIONS › Rule 1 - Definitions › Section 1-10 - "Historic site" defined

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC 4-37-7
Sec. 10.
"Historic site" means any site that is important to
				  the:
(1) general;
(2) archeological;
(3) agricultural;
(4) economic;
(5) social;
(6) political;
(7) architectural;
(8) industrial;
(9) geological;
(10) paleontological; or
(11) cultural; history of Indiana. A historic
				site includes any adjacent property that is necessary to the preservation or
				restoration of the site.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 2 - DEFINITIONS › Rule 1 - Definitions › Section 1-11 - "Historic structure" defined

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC 4-37-7
Sec. 11.
"Historic structure" means any structure that is important to
				  the:
(1) general;
(2) archeological;
(3) agricultural;
(4) economic;
(5) social;
(6) political;
(7) architectural;
(8) industrial;
(9) geological;
(10) paleontological; or
(11) cultural; history of Indiana. A historic
				structure includes any adjacent property that is necessary to the preservation
				or restoration of the structure.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 2 - DEFINITIONS › Rule 1 - Definitions › Section 1-12 - "Museum register" defined

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-4
Sec. 12.
"Museum register" means a log where:
(1) each acquisition by the corporation is
				assigned a number; and
(2)
				information is recorded with respect to the acquisition.
The information may include the date and source of the
				  acquisition and a brief description of the acquisition.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 2 - DEFINITIONS › Rule 1 - Definitions › Section 1-13 - "Site" defined

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC 4-37-7
Sec. 13.
"Site" includes any:
(1) aboriginal mound;
(2) fort;
(3) earthwork;
(4) village location;
(5) burial ground;
(6) ruin;
(7) mine;
(8) cave;
(9) battleground;
(10) shipwreck;
(11) other similar location on land or
				underwater; or
(12) location that
				contains or once contained a structure.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 2 - DEFINITIONS › Rule 1 - Definitions › Section 1-14 - "Structure" defined

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC 4-37-7
Sec. 14.
"Structure" means any man-made construction.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 3 - ARTIFACTS › Rule 1 - Evaluation of Proposals to Sell, Exchange, or Accept Gifts or Otherwise Acquire Artifacts › Section 1-1 - Purpose and objective

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC 4-37-4
Sec. 1.
(a) This
				article establishes procedures for evaluating the merits of proposals to sell,
				exchange, or accept gifts of artifacts under IC
				4-37-4-2.
(b) The corporation seeks, by implementation
				of these procedures, to collect, preserve, and interpret artifacts and
				materials reflecting the cultural and natural history of Indiana.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 3 - ARTIFACTS › Rule 1 - Evaluation of Proposals to Sell, Exchange, or Accept Gifts or Otherwise Acquire Artifacts › Section 1-2 - General priorities for artifact accession

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-4
Sec. 2.
Artifacts are accessioned by the corporation with
				  consideration for collecting priorities as follows:
(1) The highest priority is accorded to
				documented artifacts that provide information from which to reconstruct:
(A) Indiana history;
(B) regional history; or
(C) natural history.
Geographic coverage must consider significance on a national
				  or international level for interpretation of particular areas, for example,
				  popular culture. The artifact becomes a permanent voucher for that
				  information.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 3 - ARTIFACTS › Rule 1 - Evaluation of Proposals to Sell, Exchange, or Accept Gifts or Otherwise Acquire Artifacts › Section 1-3 - Considerations affecting priorities

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC 4-37-4
Sec. 3.
Considerations that affect the collecting priorities
				  described in section 2 of this rule include the following:
(1) Whether the artifacts are relevant to the
				powers and duties of the section of museums as set forth in IC
				4-37-4.
(2) Whether the corporation
				can:
(A) interpret and disseminate information
				provided by a study of the artifacts; or
(B) make those artifacts available for
				scholarly study.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 3 - ARTIFACTS › Rule 1 - Evaluation of Proposals to Sell, Exchange, or Accept Gifts or Otherwise Acquire Artifacts › Section 1-4 - Action by the corporation chief executive officer for the accession of artifacts; exception; administrative review by board of trustees

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-4
Sec. 4.
(a) Except
				as provided under subsection (b), the corporation chief executive officer shall
				determine whether to accept or reject an artifact for accession.
(b) No artifact may be rejected based upon
				the consideration set forth under section 3(3) of this rule unless the board
				determines that the corporation is unable to provide for the storage,
				protection, and preservation of the artifact.
(c) The board may accept restricted title to
				an artifact.
(d) A determination
				under this section is subject to administrative review by the board if the
				review is requested within thirty (30) days of notice of the
				determination.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 3 - ARTIFACTS › Rule 1 - Evaluation of Proposals to Sell, Exchange, or Accept Gifts or Otherwise Acquire Artifacts › Section 1-5 - Accession of artifacts; authority of grantor or donor to act

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-4
Sec. 5.
The following standards shall be satisfied for the accession
				  of artifacts, whether the resulting accession is by purchase, exchange, or
				  gift:
(1) The person providing the
				artifact must establish to the satisfaction of the corporation that the person
				is the owner of that artifact.
(2)
				The corporation must receive unrestricted title to the artifact, except as
				otherwise provided by section 4 of this rule.
(3) To the extent practicable, an artifact
				will be delivered to the corporation with full literary rights, copyrights,
				patents, and trademarks.
(4) To the
				extent practicable, an artifact will be free from physically hazardous
				attributes.
(5) An artifact may be
				appraised only at the initiative and expense of the person seeking the
				appraisal. No employee of the corporation may provide an appraisal of any kind
				except for use exclusively by the corporation.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 3 - ARTIFACTS › Rule 1 - Evaluation of Proposals to Sell, Exchange, or Accept Gifts or Otherwise Acquire Artifacts › Section 1-6 - Deaccession of artifacts; general criteria

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC 4-37-4
Sec. 6.
Deaccession shall be performed by the corporation in a manner
				  that is cautious, deliberate, and scrupulous and is in keeping with section 1
				  of this rule. An artifact to be considered for deaccession must meet at least
				  one (1) of the following criteria:
(1)
				The artifact is not included within the duties of the corporation under IC
				4-37-4-2 and its accession
				priorities under section 2 of this rule.
(2) The artifact lacks physical
				integrity.
(3) The artifact fails
				to retain its identity or authenticity.
(4) The artifact is misplaced for at least
				two (2) years or is stolen.
(5) The
				artifact is duplicated by another artifact in the permanent collection of the
				corporation.
(6) Preservation of
				the artifact by the corporation is impracticable.
(7) The artifact is deteriorated beyond
				usefulness.
(8) The artifact has a
				doubtful potential for utilization in the foreseeable future.
(9) An absence of documentation, or
				inadequate documentation, critically reduces the value of the
				artifact.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 3 - ARTIFACTS › Rule 1 - Evaluation of Proposals to Sell, Exchange, or Accept Gifts or Otherwise Acquire Artifacts › Section 1-7 - Procedure for deaccession and disposition of artifacts

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC 4-37-4
Sec. 7.
(a) The
				corporation chief executive officer may, individually or on the initiative of
				the curatorial office, propose an artifact for deaccession and disposition. The
				proposal shall be delivered in writing to the board and must include the
				following information:
(1) The source of the
				artifact, if known.
(2) A criterion
				for deaccession as provided under section 6 of this rule.
(3) The estimated market value of the
				artifact.
(4) The means of transfer
				or disposal of the artifact, including whether the artifact should be sold to,
				donated to, or exchanged with another public or nonprofit museum or historical
				society.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 3 - ARTIFACTS › Rule 1 - Evaluation of Proposals to Sell, Exchange, or Accept Gifts or Otherwise Acquire Artifacts › Section 1-8 - Compliance with precatory restrictions

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC 4-37-4
Sec. 8.
An artifact that is subject to a precatory restriction shall
				  not be considered by the board under section 7(c) of this rule until the
				  corporation makes a good faith effort to:
(1) comply with the restriction;
				and
(2) notify the individual, if
				living, from whom the artifact was accessioned.
If the individual is not living and the artifact was
				  accessioned within the last twenty (20) years, the corporation shall make a
				  good faith effort to notify the heirs or assigns of the decedent. If the heirs
				  or assigns cannot be identified or located, the corporation shall give notice
				  by publication in the newspaper having the greatest circulation in the county
				  where the individual last resided, and in Marion County if the place of last
				  known residence is outside Indiana.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 3 - ARTIFACTS › Rule 1 - Evaluation of Proposals to Sell, Exchange, or Accept Gifts or Otherwise Acquire Artifacts › Section 1-9 - Prohibition on transfer of artifacts to corporation staff, boards, and families

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-4
Sec. 9.
No artifact from the permanent collection of the corporation
				  shall be given, sold, or otherwise transferred to:
(1) an employee of the corporation;
(2) a board member of the corporation;
				or
(3) immediate families or
				representatives of a corporation employee or board member.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 3 - ARTIFACTS › Rule 1 - Evaluation of Proposals to Sell, Exchange, or Accept Gifts or Otherwise Acquire Artifacts › Section 1-10 - Curatorial offices

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-2
Sec. 10.
(a) This
				rule is implemented through the corporation's curatorial offices.
(b) Collecting strategies are established for
				each curatorial office, providing for areas of coverage and standards of
				documentation, in the latest publication of the board entitled "Collection
				Management Policy".
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 4 - HISTORIC PROPERTIES › Rule 1 - Evaluation of Proposals to Sell, Exchange, Accept Gifts, or Otherwise Acquire Historic Property › Section 1-1 - Purpose and objective; exception for artifacts

Current through July 10, 2024
Authority: IC 4-37-4-3
Affected: IC 4-37-4-4
Sec. 1.
(a) This
				rule establishes a procedure for evaluating the merits of proposals to sell,
				exchange, or accept gifts of historic properties under IC 4-37-4-4.
(b) The corporation seeks, by implementation
				of this procedure, to also establish standards and criteria for the acquisition
				of historic properties under subsection (a).
(c) Where historic property is an artifact,
				this rule is controlled by 313 IAC 3-1.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 4 - HISTORIC PROPERTIES › Rule 1 - Evaluation of Proposals to Sell, Exchange, Accept Gifts, or Otherwise Acquire Historic Property › Section 1-2 - Petition for acquisition of a historic site or a historic structure

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-4
Sec. 2.
(a) A person
				seeking to have Indiana acquire a historic site or a historic structure that
				would be administered by the corporation shall file a petition with the
				corporation chief executive officer signed by at least ten (10) residents of
				Indiana.
(b) The petition must be
				accompanied by an application completed on a corporation form.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 4 - HISTORIC PROPERTIES › Rule 1 - Evaluation of Proposals to Sell, Exchange, Accept Gifts, or Otherwise Acquire Historic Property › Section 1-3 - Procedure for evaluating a petition; recommendation by board; final action by corporation

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-4
Sec. 3.
(a) Upon the
				receipt of a petition and completed application as provided under section 2 of
				this rule, the corporation will:
(1) perform
				historical or archeological research; and
(2) gather data on structural needs, costs,
				and other information pertinent to a complete evaluation.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 4 - HISTORIC PROPERTIES › Rule 1 - Evaluation of Proposals to Sell, Exchange, Accept Gifts, or Otherwise Acquire Historic Property › Section 1-4 - Factors for evaluating a petition

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-4
Sec. 4.
In evaluating a petition and application filed under section
				  2 of this rule, the corporation shall consider each of the following
				  factors:
(1) Whether the property:
(A) illustrates, interprets, or is identified
				with an important aspect of Indiana history or prehistory;
(B) duplicates a state historic site already
				administered by the corporation;
(C) retains its original appearance, setting,
				and materials;
(D) has sufficient
				historical significance to justify the costs of acquisition, continued
				rehabilitation, and maintenance;
(E) is readily accessible to the
				public;
(F) has ready access to
				utilities; or
(G) could generate
				future revenues.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 4 - HISTORIC PROPERTIES › Rule 1 - Evaluation of Proposals to Sell, Exchange, Accept Gifts, or Otherwise Acquire Historic Property › Section 1-5 - Procedure for authorization by the corporation for deaccession and disposition of historic property

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-4
Sec. 5.
(a) Before
				historic property is deaccessioned, the board shall consider and evaluate the
				property according to the factors contained in section 6 of this rule. The
				board shall not determine final action on a property deaccession except during
				a public meeting of the board. An opportunity shall be provided to any
				interested person to comment in writing or during the public meeting concerning
				whether the property should be deaccessioned. No employee of the corporation
				may be disciplined or otherwise sanctioned by the corporation because the
				employee exercises the opportunity to comment provided under this
				subsection.
(b) The board may
				direct that a public hearing be conducted for final action that is taken under
				subsection (a).
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 4 - HISTORIC PROPERTIES › Rule 1 - Evaluation of Proposals to Sell, Exchange, Accept Gifts, or Otherwise Acquire Historic Property › Section 1-6 - Factors for evaluating historic property

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-4
Sec. 6.
In evaluating whether historic property administered by the
				  corporation should be deaccessioned, the corporation shall consider the
				  following factors:
(1) Whether the
				property:
(A) illustrates, interprets, or is
				identified with an important aspect of Indiana history or prehistory;
(B) duplicates another state historic site
				administered by the corporation;
(C) has sufficient historical significance to
				justify the costs of continued rehabilitation and maintenance;
(D) is readily accessible to the
				public;
(E) has ready access to
				utilities; or
(F) currently
				generates or could generate future revenues.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 5 - ETHICS › Rule 1 - Ethics › Section 1-1 - Purpose and objective

Current through July 10, 2024
Authority: IC
				  4-37-5-6
Affected: IC 4-37-3
Sec. 1.
This article provides additional ethical requirements of the
				  board and employees of the corporation. This article is supplemental to 40 IAC
				  2.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 5 - ETHICS › Rule 1 - Ethics › Section 1-2 - Appraisal prohibition

Current through July 10, 2024
Authority: IC
				  4-37-5-6
Affected: IC 4-37-5
Sec. 2.
No employee of the corporation may provide any financial
				  appraisal of an artifact unless the appraisal is for use exclusively by the
				  corporation.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 6 - PUBLIC USE OF CULTURAL AND HISTORIC SITES › Rule 1 - Administration and Definitions › Section 1-1 - Application

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC 4-37
Sec. 1.
This article applies to use by a person of any corporation
				  property.
Indiana Administrative Code › Title 313 - INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION › Article 6 - PUBLIC USE OF CULTURAL AND HISTORIC SITES › Rule 1 - Administration and Definitions › Section 1-2 - Administration

Current through July 10, 2024
Authority: IC
				  4-37-4-3
Affected: IC
				  4-37-4-3
Sec. 2.
(a) Except
				as provided in subsection (b), this article is administered by the
				corporation.
(b) This article does
				not apply to a person who has contracted with the corporation, if the person is
				conducting business of the corporation, or to any of the following while
				performing official duties for the corporation or its board:
(1) An employee of the corporation.
(2) A member of the board.
(3) An employee of the board.
(4) A member of the board advisory
				committee.
(5) A law enforcement
				officer.