reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 3 - Participation; Plans; Personnel; Project Facilities; Analysis; Curation; Treatment and Disposition of Human Remains; Project Documentation; Reporting › Section 3-4 - Personnel qualifications

Current through July 10, 2024
Authority: IC 14-21-1-25; IC 14-21-1-31
Affected: IC 14-21-1
Sec. 4.
(a) A person
				who conducts an investigation or a scientific investigation under this article
				must satisfy the qualification standards established by
				312 IAC
				21-3-4.
(b) In addition to the requirements of
				subsection (a), the department may require the use of professionals with
				specialized expertise as appropriate to serve in a capacity equivalent to that
				of a principal investigator in the exercise of a particular permit involving
				the removal of human remains or as appropriate to the removal of particular
				human remains. Persons who may possess the required expertise include those in
				the areas of archaeology, anthropology, physical anthropology, paleopathology,
				or another closely related field. Qualifications for these professionals
				include the following requirements:
(1) A
				graduate degree in anthropology or another closely related field as anticipated
				in this subsection.
(2)
				Satisfaction of either of the following:
(A)
				Three (3) years of supervisory experience in archaeology, anthropology,
				physical anthropology, paleopathology, or a closely related field where the
				principal focus of professional study has been the recovery, evaluation,
				analysis, and curation of artifacts, materials and information, burial objects,
				and human remains discovered in historic, archaeological, or historic burial
				ground sites, and whose professional work has resulted in the study of
				paleopathology and human osteology. This work:
(i) shall include cranial, postcranial, and
				dental analysis, and destructive and nondestructive scientific testing of human
				remains; and
(ii) must have
				resulted in the preparation of a research-oriented monograph, thesis, or
				dissertation.
(B)
				Accreditation by the Forensic Anthropology Section of the American Academy of
				Forensic Sciences.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 3 - Participation; Plans; Personnel; Project Facilities; Analysis; Curation; Treatment and Disposition of Human Remains; Project Documentation; Reporting › Section 3-5 - Project facilities

Current through July 10, 2024
Authority: IC 14-21-1-25; IC 14-21-1-31
Affected: IC 14-21-1
Sec. 5.
A person who performs an investigation or a scientific
				  investigation under this article must demonstrate both of the following with
				  respect to project facilities:
(1)
				Adequate facilities and equipment will be provided to conduct any nonfield
				portions of the plan in a manner which is no less effective than the
				requirements of
				312 IAC
				21-3-5.
(2) If the recovery of human remains is part
				of the plan, sufficient arrangements will be made for any special or technical
				analyses. These arrangements must include reference to paleopathology,
				osteology, radiometry, radiology, biochemistry, and any other discipline needed
				to properly evaluate the human remains relative to their cultural and
				chronological context and condition when recovered.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 3 - Participation; Plans; Personnel; Project Facilities; Analysis; Curation; Treatment and Disposition of Human Remains; Project Documentation; Reporting › Section 3-6 - Analyses

Current through July 10, 2024
Authority: IC 14-21-1-25; IC 14-21-1-31
Affected: IC 14-21-1
Sec. 6.
(a) A person
				who performs an investigation or a scientific investigation under this article
				must demonstrate both of the following:
(1)
				The analysis requirements will be met in a manner which is no less effective
				than the analysis requirements contained in
				312 IAC
				21-3-6.
(2) If the recovery of human remains is part
				of the plan, the analysis requirements will be met in a manner which is no less
				effective than those contained in section 9(a) through 9(c) of this
				rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 3 - Participation; Plans; Personnel; Project Facilities; Analysis; Curation; Treatment and Disposition of Human Remains; Project Documentation; Reporting › Section 3-7 - Curation; scientific investigations

Current through July 10, 2024
Authority: IC 14-21-1-25; IC 14-21-1-31
Affected: IC 14-21-1
Sec. 7.
(a) The
				curation of artifacts, materials, and specimens recovered during a scientific
				investigation is controlled by
				312 IAC
				21-3-8(a)  through
				312 IAC
				21-3-8(b).
(b) In addition to the requirements contained
				in subsection (a), section 9(g) through 9(h) of this rule applies to the
				recovery of buried human remains.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 3 - Participation; Plans; Personnel; Project Facilities; Analysis; Curation; Treatment and Disposition of Human Remains; Project Documentation; Reporting › Section 3-8 - Documentation and reporting

Current through July 10, 2024
Authority: IC 14-21-1-25; IC 14-21-1-31
Affected: IC 14-21-1
Sec. 8.
(a) Project
				documentation and reporting for a scientific investigation is controlled by
				312 IAC
				21-3-8(a)  through
				312 IAC
				21-3-8(d).
(b) In addition to the requirements of
				subsection (a), this subsection applies if human remains are recovered,
				evaluated, or analyzed. Documentation shall be provided that details or
				integrates the results of the study of the human remains to satisfy section
				9(b) through 9(c) of this rule with evaluations (based upon the context and
				condition of those remains) as to their value for ascertaining genetic affinity
				or scientific value and recommendations for their long term curation.
(c) Project documentation and reporting for
				investigations is controlled by section 3 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 3 - Participation; Plans; Personnel; Project Facilities; Analysis; Curation; Treatment and Disposition of Human Remains; Project Documentation; Reporting › Section 3-9 - Treatment and disposition of human remains

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1; IC 23-14
Sec. 9.
(a) In
				determining whether human remains, which are subject to IC 14-21-1 and this
				article, should be reburied or should be curated and retained for further
				analysis and study, the following factors shall be considered by the director:
(1) Whether there was a scientific
				investigation of the burial content and context, including the physical remains
				and associated artifacts, burial objects, and grave markers.
(2) Whether physical anthropological analysis
				of the remains consistent with prevailing technology will minimally address
				cultural or genetic affinity through the analysis of biological data.
(3) Whether ethnic, ethnohistorical,
				historical, anthropological, or archaeological documents or records establish
				the validity or verification of interests.
(4) Whether another factor that may be
				considered under IC 14-21-1 bears upon the propriety of retention or
				reburial.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 4 - Expedited License for a Qualified Cemetery Restoration Project › Section 4-1 - Application

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-21-1-31
Affected: IC 14-21-1
Sec. 1.
(a) This
				rule provides an expedited licensure process for cemetery
				restoration.
(b) A person who
				qualifies for and complies with this rule is not required to obtain approval of
				a plan under
				312 IAC
				21-3-3 or a permit under
				312 IAC 22-2-3.
(c) A license is not available under this
				rule for either of the following:
(1) A
				cemetery that is part of a historic site or historic structure owned by the
				state.
(2) A project that includes
				activities other than cemetery restoration.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 4 - Expedited License for a Qualified Cemetery Restoration Project › Section 4-2 - Additional definitions

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 2.
(a) The
				definitions in this section are in addition to those in IC 14 and 312 IAC 1 and
				apply throughout this rule.
(b)
				"Cemetery" means any land or structure in Indiana that is:
(1) dedicated to; and
(2) used for, or intended to be used for; the
				internment, entombment, or inurnment of human
[sic]
remains.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 4 - Expedited License for a Qualified Cemetery Restoration Project › Section 4-3 - Application for cemetery restoration license

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 3.
(a) A person
				who wishes a cemetery restoration license must submit a written application to
				the division.
(b) The applicant
				must provide the division with the following:
(1) The location of the cemetery. An
				applicant must not include more than one (1) cemetery in a license
				application.
(2) A document from
				the cemetery owner showing permission to provide cemetery
				restoration.
(3) If land owned by a
				person other than the owner of the cemetery would be crossed to access the
				cemetery, a document showing permission to perform the crossing.
(4) Who would be the coordinator of the
				cemetery restoration.
(5) Any other
				information reasonably required by the division form referenced in subsection
				(a).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 4 - Expedited License for a Qualified Cemetery Restoration Project › Section 4-4 - Identification of a permanent visible boundary for a cemetery

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-31
Affected: IC 14-9; IC 14-21-1
Sec. 4.
For a cemetery, which is not marked by a permanent visible
				  boundary, the division may require an applicant to identify the boundary as a
				  condition for approval of a cemetery restoration. The applicant may use land
				  records, surveys, historical records, and any other relevant sources to help
				  identify the boundary.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 4 - Expedited License for a Qualified Cemetery Restoration Project › Section 4-5 - Qualification as coordinator

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 5.
(a) The
				division shall establish minimum training standards that a coordinator of a
				project for cemetery restoration must meet. Those standards shall include
				successful completion of training in the appropriate techniques for each of the
				following:
(1) Probing in a cemetery to
				locate a fallen grave memorial.
(2)
				Recovering a fallen grave memorial.
(3) Restoring a fallen grave
				memorial.
(4) Resetting a grave
				memorial in the cemetery.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 4 - Expedited License for a Qualified Cemetery Restoration Project › Section 4-6 - Approval of cemetery restoration license

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 6.
(a) The
				division may issue a written license to a coordinator for a project for
				cemetery restoration that satisfies this rule. The license shall require
				compliance with this rule and may include special conditions if otherwise
				needed for compliance with IC 14-21-1.
(b) Except as provided in this subsection, a
				license issued under subsection (a) expires one (1) year after issuance. The
				division may, on one (1) occasion, renew a license under subsection (a) for a
				period not longer than one (1) year.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 4 - Expedited License for a Qualified Cemetery Restoration Project › Section 4-7 - Reports after project completion

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 7.
(a) The
				coordinator must submit a report to the division within sixty (60) days of the
				earlier of the following events:
(1)
				Completion of the project for cemetery restoration.
(2) The expiration of a license, including
				any period of license renewal, under section 6(b) of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22.5 - CEMETERIES AND BURIAL GROUNDS; REGISTRATION AND MANAGEMENT › Rule 1 - Definitions › Section 1-1 - Application of definitions

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC
				  14-9-4-1;
				  IC 14-21-1
Sec. 1.
The definitions contained in this rule apply throughout this
				  article and are in addition to those set forth in 312 IAC 1.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22.5 - CEMETERIES AND BURIAL GROUNDS; REGISTRATION AND MANAGEMENT › Rule 1 - Definitions › Section 1-2 - "Cemetery" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC
				  14-9-4-1;
				  IC 14-21-1
Sec. 2.
"Cemetery" means ground in which human remains are buried,
				  including the land associated with or incidental to the burial of human
				  remains. The term includes a cemetery, Native American cemetery, graveyard,
				  burial ground, or similarly described real property.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22.5 - CEMETERIES AND BURIAL GROUNDS; REGISTRATION AND MANAGEMENT › Rule 1 - Definitions › Section 1-3 - "Development plan" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC
				  14-9-4-1;
				  IC 14-21-1
Sec. 3.
"Development plan" means a plan for the erection,
				  alteration, or repair of any structure.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22.5 - CEMETERIES AND BURIAL GROUNDS; REGISTRATION AND MANAGEMENT › Rule 1 - Definitions › Section 1-4 - "Division" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC
				  14-9-4-1;
				  IC 14-21-1
Sec. 4.
"Division" means the division of historic preservation and
				  archaeology of the department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22.5 - CEMETERIES AND BURIAL GROUNDS; REGISTRATION AND MANAGEMENT › Rule 1 - Definitions › Section 1-5 - "Human remains" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC
				  14-9-4-1;
				  IC 14-21-1
Sec. 5.
"Human remains" means any part of the body of a human being
				  in any stage of decomposition or state of preservation. This article does not,
				  however, apply to the human remains of individuals dying after December 31,
				  1939.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22.5 - CEMETERIES AND BURIAL GROUNDS; REGISTRATION AND MANAGEMENT › Rule 1 - Definitions › Section 1-6 - "State" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC
				  14-8-2-265
Sec. 6.
"State" means the following:
(1) The Indiana state government.
(2) An agency, a subdivision, an officer, a
				board, a bureau, a commission, a department, a division, or an instrumentality
				of the state.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22.5 - CEMETERIES AND BURIAL GROUNDS; REGISTRATION AND MANAGEMENT › Rule 2 - Disturbance of Ground within 100 Feet of a Cemetery › Section 2-1 - Application of rule for development plan at burial grounds

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-9-4; IC 14-21-1
Sec. 1.
This rule provides standards for the submission, review, and
				  implementation of a development plan within one hundred (100) feet of a
				  cemetery.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22.5 - CEMETERIES AND BURIAL GROUNDS; REGISTRATION AND MANAGEMENT › Rule 2 - Disturbance of Ground within 100 Feet of a Cemetery › Section 2-2 - Requirement of a prior development plan

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC
				  8-1-2-1; IC 8-1-13;
				  IC 14-9-4; IC 14-21-1; IC 14-34
Sec. 2.
(a) Except
				as provided in subsection (b), a person must receive and comply with a
				development plan approved under this rule before disturbing the ground within
				one hundred (100) feet of a cemetery to erect, alter, or repair a structure.
(b) This rule does not apply to
				the following:
(1) A public utility (as
				defined by IC
				8-1-2-1(a)
				).
(2) A corporation organized
				under IC 8-1-13.
(3) A municipally
				owned utility (as defined in IC
				8-1-2-1(h)
				).
(4) A surface coal mining and
				reclamation operation permitted under IC 14-34.
(5) A government entity other than the
				state.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22.5 - CEMETERIES AND BURIAL GROUNDS; REGISTRATION AND MANAGEMENT › Rule 2 - Disturbance of Ground within 100 Feet of a Cemetery › Section 2-3 - Application for approval of a development plan

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-9-4; IC 14-21-1
Sec. 3.
An application for approval of a development plan under this
				  rule must be filed with the division and include the following:
(1) A signed cover letter from the applicant
				on letterhead with the following information:
(A) The identity of the person or persons who
				would conduct the project.
(B) The
				overall nature and timeframe for the project.
(C) The location of the project by section,
				township, range, county, and address.
(D) Any prior disturbance of the
				area.
(E) A statement of whether
				federal or state funds or licenses are involved in the project.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22.5 - CEMETERIES AND BURIAL GROUNDS; REGISTRATION AND MANAGEMENT › Rule 2 - Disturbance of Ground within 100 Feet of a Cemetery › Section 2-4 - Incomplete or inadequate applications and expiration

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-9-4; IC 14-21-1
Sec. 4.
(a) The
				division shall inform the applicant of any aspect of an application believed by
				the division to be incomplete or inadequate under IC 14-21 or this article. An
				opportunity shall be provided to the applicant to correct deficiencies or
				inadequacies.
(b) Unless otherwise
				specified in the authorization, an authorization under this rule expires two
				(2) years after issuance by the division.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22.5 - CEMETERIES AND BURIAL GROUNDS; REGISTRATION AND MANAGEMENT › Rule 2 - Disturbance of Ground within 100 Feet of a Cemetery › Section 2-5 - Completion of review and effective date of authorization

Current through July 10, 2024
Authority: IC 14-21-1-25; IC 14-21-1-31
Affected: IC 4-21.5; IC 14-9-4; IC 14-21-1
Sec. 5.
(a) The
				division shall conclude its review of the development plan within sixty (60)
				days of the receipt of a completed application. Upon the conclusion of review,
				the division may approve, condition, or deny the application.
(b) The effective date and administrative
				review of an authorization under this rule are governed by IC 4-21.5 and
				312 IAC
				3-1.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22.5 - CEMETERIES AND BURIAL GROUNDS; REGISTRATION AND MANAGEMENT › Rule 2 - Disturbance of Ground within 100 Feet of a Cemetery › Section 2-6 - Conduct of activities and modifications

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-9-4; IC 14-21-1
Sec. 6.
(a) The
				applicant must conduct approved activities according to the terms and
				conditions of the authorization and this rule.
(b) The applicant must comply with other
				valid federal, state, or local laws and ordinances. Compliance with 312 IAC 21
				and 312 IAC 22 is specifically made a condition of the authorization.
(c) The activities contemplated in an
				authorization may be modified only upon advance approval by the division. If
				written permission was required as a condition for approval of the
				authorization, the same person (or the successor in interest to the person)
				must also give written approval for the modification.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 1 - Administration › Section 1-1 - Administration by division of historic preservation and archeology

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 1.
(a) This
				article governs the administration of the state historic rehabilitation tax
				credit established by IC 6-3.1-16.
(b) This article is administered by the
				division.
(c) In administering this
				article, the division shall consult with the revenue department whenever
				appropriate.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 1 - Administration › Section 1-2 - Delegation and responsibility for establishing requirements of this article

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 2.
(a) Where
				this article grants authority to the division to take action, the division
				director may delegate the authority to any employee of the division.
(b) The responsibility for establishing any
				requirement contained in this article rests with the person seeking the state
				historic rehabilitation tax credit. Except as otherwise provided in this
				section, the division shall determine whether the responsibility has been
				met.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 1 - Administration › Section 1-3 - Review of initial determinations by the division of historic preservation and archeology

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 4-21.5-1-5; IC 6-3.1-16; IC 14-21-1
Sec. 3.
(a) An
				affected person who is dissatisfied with a determination by the division made
				under this article may, within thirty (30) days of the determination, appeal to
				the review board. The appeal shall be considered and determined by the review
				board as soon as is practicable.
(b) An affected person may, under IC 4-21.5
				and 312 IAC 3-1, take administrative review of a determination made by the
				review board under subsection (a).
(c) The commission is the ultimate authority,
				as defined by IC 4-21.5-1-5, for an action taken under this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-1 - Application of definitions

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 1.
The definitions in this rule apply throughout this
				  article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-2 - "Division" defined

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 2.
"Division" means the division of historic preservation and
				  archeology of the department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-3 - "Division director" defined

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 3.
"Division director" means the director of the
				  division.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-4 - "Historic property" defined

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 4.
"Historic property" means any historic site, historic
				  structure, or other personal or real property located on or in a historic site
				  or historic structure.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-5 - "Historic site" defined

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 5.
"Historic site" means any site that is important to the
				  general, archeological, agricultural, economic, social, political,
				  architectural, industrial, or 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 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-6 - "Historic structure" defined

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 6.
"Historic structure" means any structure that is important to
				  the general, archeological, agricultural, economic, social, political,
				  architectural, industrial, or 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 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-7 - "Paving and landscaping costs" defined

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 7.
"Paving and landscaping costs" means costs incurred in paving
				  and landscaping that are unrelated to sustaining vegetative cover that
				  contributes to the significance of the historic property.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-8 - "Preservation" defined

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 8.
"Preservation" means the application of measures to sustain
				  the form, integrity, and material of:
(1) a building or structure; or
(2) vegetative cover that contributes to the
				significance of the property.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-9 - "Qualified expenditures" defined

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 9.
"Qualified expenditures" means the expenditures for
				  preservation or rehabilitation that are chargeable to a capital account. The
				  term does not include costs that are incurred to do the following:
(1) Acquire a property or an interest in a
				property.
(2) Pay taxes due on a
				property.
(3) Enlarge an existing
				structure.
(4) Pay realtor's fees
				associated with a structure or property.
(5) Pay paving and landscaping
				costs.
(6) Pay sales and marketing
				costs.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-10 - "Receipt" defined

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 10.
"Receipt" means the date when a document is actually received
				  by the division at the address set forth in
				  312
				  IAC 23-3-1.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-11 - "Register" defined

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1-9; IC 14-21-1-15
Sec. 11.
"Register" means the register of Indiana historic sites and
				  historic structures established under IC 14-21-1-9.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-12 - "Rehabilitation" defined

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 12.
"Rehabilitation" means the process of returning a property to
				  a state of utility through repair or alteration that makes possible an
				  efficient contemporary use while preserving the parts or features of the
				  property that are significant to the historical, architectural, or
				  archeological values of the property.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-13 - "Revenue department" defined

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 6-8.1-2-1; IC 14-21-1
Sec. 13.
"Revenue department" means the Indiana department of state
				  revenue established under IC 6-8.1-2-1.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-14 - "Review board" defined

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1-10; IC 14-21-1-20
Sec. 14.
"Review board" means the historic preservation review board
				  established under IC 14-21-1-10.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-15 - "State fiscal year" defined

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 15.
"State fiscal year" means the period beginning on July 1 of a
				  year and ending on June 30 of the following year.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-16 - "State historic rehabilitation tax credit" defined

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 16.
"State historic rehabilitation tax credit" means the credit
				  to state tax liability provided by IC 6-3.1-16.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 2 - Definitions › Section 2-17 - "State tax liability" defined

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3; IC 6-3.1-1-2; IC 6-3.1-16; IC
				  14-21-1
Sec. 17.
"State tax lability" means a taxpayer's total tax liability
				  incurred under:
(1) IC 6-2.1 (the gross
				income tax);
(2) IC 6-3-1 through
				IC 6-3-7 (the adjusted gross income tax); and
(3) IC 6-3-8 (the supplemental net income
				tax);
as computed after the application of all credits that under
				  IC 6-3.1-1-2 are to be applied before the credit provided by IC 6-3.1-16 and
				  this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 3 - Certification by Division of Historic Preservation and Archeology › Section 3-1 - Certifications to qualify for the historic rehabilitation tax credit

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16-8; IC 14-21-1
Sec. 1.
(a) This rule
				establishes standards for certifications by the division that are required in
				order for a person to qualify for the state historic rehabilitation tax
				credit.
(b) To receive the
				certifications required by IC 6-3.1-16-8, a person must file a written
				application with the division that satisfies the requirements of IC 6-3.1-16
				and this article.
(c) The
				application must be made on a division form that is filed after February 14,
				1994. The division form may require an applicant to provide information at
				different stages of the process.
(d) The address for filing is as follows:
Division of Historic Preservation and Archeology
Department of Natural Resources
Indiana Government Center-South
402 West Washington Street, Room W274
Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 3 - Certification by Division of Historic Preservation and Archeology › Section 3-2 - General eligibility requirements for an historic property to receive the historic rehabilitation tax credit

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 2.
In order to qualify for the certifications required for the
				  state historic rehabilitation tax credit, an applicant must demonstrate to the
				  division each of the following:
(1)
				The historic property is listed on the register.
(2) The historic structure that is the
				subject of rehabilitation contains at least two thousand (2,000) gross square
				feet on the ground floor. This information shall be submitted with a drawing of
				the floor plan that includes its dimensions.
(3) The historic structure is at least fifty
				(50) years old. Originals or photocopies of the following documentation may be
				used to establish age:
(A) Historic property
				surveys or inventories that indicate the age of the historic
				structure.
(B) Articles from
				newspapers or periodicals that are dated to confirm the age of the historic
				structure.
(C) Construction
				records.
(D) Original architectural
				drawings.
(E) Other documents or
				records approved by the division.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 3 - Certification by Division of Historic Preservation and Archeology › Section 3-3 - Preservation or rehabilitation plan

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16; IC 14-21-1
Sec. 3.
(a) To
				qualify for the state historic rehabilitation tax credit, an applicant must
				submit to the division a preservation or rehabilitation plan before beginning
				preservation or rehabilitation work on the historic property.
(b) Before approving a plan submitted under
				subsection (a), the division must determine the plan complies with each of the
				following:
(1) This article.
(2) The Secretary of the Interior's Standards
				for the Treatment of Historic Properties ( 36 CFR 68 ).
(3) The Guidelines for Preserving,
				Rehabilitating, Restoring & Reconstructing Historic Buildings
				(1995).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 3 - Certification by Division of Historic Preservation and Archeology › Section 3-4 - Annual limitation on total state tax credits; maximum credit for each application; queue for qualified taxpayers

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 6-3.1-16-14; IC 14-21-1
Sec. 4.
(a) The total
				amount of historic rehabilitation tax credits that may be allowed under this
				article, for each state fiscal year, cannot exceed the amount stated in IC
				6-3.1-16-1Sec. 4.
(b) No person
				shall receive a tax credit in excess of one hundred thousand dollars ($100,000)
				for an application approved under this article.
(c) Applications for a tax credit shall be
				accepted beginning on February 15, 1994, by the division. No application shall
				qualify for a tax credit until the project work has been certified by the
				division as provided in section 3(e) and 3(f) of this rule. The division shall
				place each application certified under section 3(e) and 3(f) of this rule in a
				queue.
(d) Subject to subsections
				(a) and (b), an application placed in a queue qualifies for a twenty percent
				(20%) historic rehabilitation tax credit. The division shall notify those
				applicants in the queue who have qualified for credits, and the revenue
				department, of both of the following:
(1) The
				amount of credit to which each applicant is entitled.
(2) The state fiscal year in which the
				applicant may claim the credit.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 23 - STATE HISTORIC REHABILITATION TAX CREDIT › Rule 3 - Certification by Division of Historic Preservation and Archeology › Section 3-5 - Modification of tax credits

Current through July 10, 2024
Authority: IC 6-3.1-16-15; IC 14-10-2-4; IC 14-21-1-31
Affected: IC 4-21.5; IC 6-3.1-16-14
Sec. 5.
(a) The
				division may, for misrepresentation, fraud, or similar good cause, file a
				complaint with the commission under IC 4-21.5 to modify or terminate a tax
				credit previously approved under this rule.
(b) The division shall, by administrative
				letter, modify a tax credit certification to conform the credit to a subsequent
				statutory change to IC 6-3.1 (or the amount of the annual credit authorized by
				IC 6-3.1). A modification under this subsection may accelerate or defer when a
				credit can be taken but shall not modify the sequence of the queue referenced
				in section 4(g) of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 1.
Unless otherwise specified, the definitions contained in this
				  rule apply throughout this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-2 - "A horizon" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 2.
"A horizon" means the uppermost mineral layer and is the part
				  of the soil in which the organic matter is most abundant and where the leaching
				  of soluble or suspended particles is typically the greatest.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-3 - "Acid-drainage" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 3.
"Acid-drainage" means water with a pH of less than six (6.0)
				  and in which total acidity exceeds total alkalinity discharged from an active,
				  inactive, or abandoned surface coal mine and reclamation operation.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-4 - "Acid-forming materials" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 4.
"Acid-forming materials" means earth materials that contain
				  sulfide minerals or other materials that, if exposed to air, water, or
				  weathering processes, form acids that may create acid drainage.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-5 - "Act" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 5.
"Act" means IC 14-34.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-6 - "Adjacent area" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 6.
"Adjacent area" means land located outside the affected area,
				  or permit area, depending on the context in which adjacent area is used, where
				  air, surface or ground water, fish, wildlife, vegetation, or other resources
				  protected by IC 14-34 may be adversely impacted by surface coal mining and
				  reclamation operations.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-7 - "Administratively complete application" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 7.
"Administratively complete application" means an application
				  for permit approval, or approval for coal exploration where required, or
				  approval for an exemption for coal extraction incidental to the extraction of
				  other minerals, which the director determines to contain information addressing
				  each application requirement of this article and to contain all information
				  necessary to initiate processing and public review.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-8 - "Affected area" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 8.
(a)
				"Affected area" means any land or water surface area that is used to
				facilitate, or is physically altered by, surface coal mining and reclamation
				operations. The term includes any of the following:
(1) The disturbed area.
(2) Any area upon which surface coal mining
				and reclamation operations are conducted.
(3) Any adjacent land the use of which is
				incidental to surface coal mining and reclamation operations.
(4) Any area covered by new or existing roads
				used to gain access to, or for hauling coal to or from, surface coal mining and
				reclamation operations, except as provided in this section.
(5) Any area covered by:
(A) surface excavations;
(B) workings;
(C) impoundments;
(D) dams;
(E) ventilation shafts;
(F) entryways;
(G) refuse banks;
(H) dumps;
(I) stockpiles;
(J) overburden piles;
(K) spoil banks;
(L) culm banks;
(M) tailings;
(N) holes or depressions;
(O) repair areas;
(P) storage areas; or
(Q) shipping areas.
(6) Any area upon which are sited structures,
				facilities, or other property material on the surface resulting from, or
				incident to, surface coal mining and reclamation operations.
(7) The area located above underground
				workings.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-9 - "Agricultural use" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 9.
"Agricultural use" means the use of any tract of land for the
				  production of animal or vegetable life. The uses include, but are not limited
				  to, the pasturing, grazing, and watering of livestock and the cropping,
				  cultivation, and harvesting of plants.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-10 - "Applicant" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 10.
"Applicant" means any person seeking a permit or exploration
				  approval from the director to conduct surface coal mining and reclamation
				  operations pursuant to IC 14-34, this article, and this regulatory program.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-10.5 - "Applicant/violator system" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 10.5.
"Applicant/violator system" means an automated information
				  system of:
(1) applicant;
(2) permittee;
(3) operator;
(4) violation; and
(5) related; data maintained by the federal
				Office of Surface Mining to assist in implementing this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-11 - "Application" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 11.
"Application" means the documents and other information filed
				  with the director for issuance of a permit or exploration
				  approval.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-12 - "Approximate original contour" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 12.
"Approximate original contour" means that surface
				  configuration achieved by backfilling and grading of the mined area so that the
				  reclaimed area, including any terracing or access roads, closely resembles the
				  general surface configuration of the land prior to mining and blends into and
				  complements the drainage pattern of the surrounding terrain, with all
				  highwalls, spoil piles, and coal refuse piles eliminated. Permanent water
				  impoundments may be permitted where the director has determined that they
				  comply with the performance standards of this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-13 - "Aquifer" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 13.
"Aquifer" means a zone, stratum, or group of strata that can
				  store and transmit water in sufficient quantities for a specified
				  use.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-14 - "Auger mining" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 14.
"Auger mining" means a method of mining coal at a cliff or
				  highwall by drilling holes into an exposed coal seam from the highwall and
				  transporting the coal along an auger bit to the surface.