reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 8 - Restriction on Financial Interest of State Employees › Section 8-5 - Filing dates

Current through July 10, 2024
Authority: IC
				  14-34-1-3
Affected: IC
				  14-34-2-6
Sec. 5.
(a)
				Employees and members of a board (including the commission or advisory board)
				representing multiple interests performing functions or duties under IC 14-34
				shall file annually on February 1 of each year or at such other dates as may be
				agreed to by the director of the Office of Surface Mining.
(b) New employees and new members of a board
				(including the commission or advisory board) representing multiple interests
				hired, appointed, or transferred to perform functions or duties under IC 14-34
				or this article will be required to file at the time of entrance to
				duty.
(c) New employees and new
				members of a board (including the commission or advisory board) representing
				multiple interests are not required to file an annual statement on the
				subsequent annual filing date if this date occurs within two (2) months after
				their initial statement was filed.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 8 - Restriction on Financial Interest of State Employees › Section 8-6 - Filing locations

Current through July 10, 2024
Authority: IC
				  14-34-1-3
Affected: IC
				  14-34-2-6
Sec. 6.
(a) The
				annual statement required of the director shall be filed with the director of
				the Office of Surface Mining.
(b)
				All other employees and members of a board (including the commission or
				advisory board) representing multiple interests as provided in section 4(a) of
				this rule shall file their statement with the director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 8 - Restriction on Financial Interest of State Employees › Section 8-7 - Reporting requirements

Current through July 10, 2024
Authority: IC
				  14-34-1-3
Affected: IC
				  14-34-2-6
Sec. 7.
(a) Each
				employee shall report all information required on the statement of employment
				and financial interests of the employee, his or her spouse, minor children, or
				other relatives who are full-time residents of the employee's home. The report
				shall be on OSM Form 705-1 as provided by the office.
(b) The statement will set forth the
				following information regarding any financial interest:
(1) Any continuing financial interests in
				business entities and nonprofit organizations through a pension or retirement
				plan, shared income, salary, or other income arrangement as a result of prior
				or current employment. The employee, his or her spouse, or other resident
				relative is not required to report a retirement plan from which he or she will
				receive a guaranteed income. A guaranteed income is one that is unlikely to be
				changed as a result of action taken by the commission.
(2) Any financial interest in business
				entities and nonprofit organizations through ownership of stock, stock options,
				bonds, securities, or other arrangements, including trusts. An employee is not
				required to report mutual funds, investment clubs, or regulated investment
				companies not specializing in underground and surface coal mining
				operations.
(3) Ownership, lease,
				royalty, or other interests or rights in lands or minerals. Employees are not
				required to report lands developed and occupied for a personal
				residence.
(4) Debts owed to
				business entities and nonprofit organizations. Employees are not required to
				report debts owed to financial institutions (banks, savings and loan
				associations, credit unions) which are chartered to provide commercial or
				personal credit. Also excluded are charge accounts and similar short term debts
				for current and ordinary household and living expenses.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 8 - Restriction on Financial Interest of State Employees › Section 8-8 - Resolving prohibited interests; actions by the director

Current through July 10, 2024
Authority: IC
				  14-34-1-3
Affected: IC
				  14-34-2-6
Sec. 8.
(a) If an
				employee has a prohibited financial interest, the director shall promptly
				advise the employee that remedial action that will resolve the prohibited
				interest is required within ninety (90) days.
(b) Remedial action may include:
(1) reassignment of the employee to a
				position that performs no function or duty under IC 14-34;
(2) divestiture of the prohibited financial
				interest; or
(3) other appropriate
				action that either eliminates the prohibited interest or eliminates the
				situation that creates the conflict.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 8 - Restriction on Financial Interest of State Employees › Section 8-9 - Gifts and gratuities

Current through July 10, 2024
Authority: IC
				  14-34-1-3
Affected: IC
				  14-34-2-6
Sec. 9.
(a) Except
				as provided in subsection (b), employees shall not solicit or accept, directly
				or indirectly, any gift, gratuity, favor, entertainment, loan, or any other
				thing of monetary value, from a coal company that:
(1) conducts or is seeking to conduct,
				operations or activities that are regulated by the department; or
(2) has interests that may be substantially
				affected by the performance or nonperformance of the employee's official
				duty.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 9 - Training, Examination, and Certification of Blasters › Section 9-1 - Applicability

Current through July 10, 2024
Authority: IC
				  14-34-2-1;
				  IC
				  14-34-12-2
Affected: IC
				  14-34-12-1
Sec. 1.
This rule establishes the requirements and procedures for the
				  training, examination, and certification of a person engaging in or directly
				  responsible for the use of explosives in surface coal mining and reclamation
				  operations.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 9 - Training, Examination, and Certification of Blasters › Section 9-2 - Purpose

Current through July 10, 2024
Authority: IC
				  14-34-2-1;
				  IC
				  14-34-12-2
Affected: IC
				  14-34-12-1
Sec. 2.
The objective of this rule is to establish a training and
				  certification program that ensures that all blasts detonated in surface coal
				  mining and reclamation operations are designed, prepared, supervised, and
				  detonated by trained and competent persons who meet the requirements of this
				  article as they relate to blasting in surface coal mining and reclamation
				  operations.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 9 - Training, Examination, and Certification of Blasters › Section 9-3 - Training

Current through July 10, 2024
Authority: IC
				  14-34-2-1;
				  IC
				  14-34-12-2
Affected: IC
				  14-34-12-1
Sec. 3.
(a) A person
				seeking to become a certified blaster shall receive the training specified in
				subsection (c).
(b) A person who is
				not seeking certification and is assigned to a blasting crew or assists in the
				use of explosives must receive direction and on-the-job training from a
				certified blaster.
(c) The director
				will approve qualified persons or institutions who will be responsible for
				conducting the department's approved course to train a person seeking to become
				a certified blaster. A person assigned to a blasting crew or assists in the use
				of explosives may attend the training courses for certified blasters. The
				training course for certified blasters shall provide for training and discuss
				practical applications of the following:
(1)
				Explosives, including the following:
(A)
				Selection of the type of explosive to be used.
(B) Determination of the properties of
				explosives that will produce desired results at an acceptable level of
				risk.
(C) Handling, transportation,
				and storage.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 9 - Training, Examination, and Certification of Blasters › Section 9-4 - Application for certification

Current through July 10, 2024
Authority: IC
				  14-34-2-1;
				  IC
				  14-34-12-2
Affected: IC
				  14-34-12-1
Sec. 4.
(a) An
				application for certification as a certified blaster shall be submitted to the
				department.
(b) An application for
				certification shall be, in writing, on forms furnished by the
				department.
(c) An application
				shall be completed in accordance with the instructions provided with the
				application.
(d) An application
				form is incomplete if the form does not contain all required information or if
				the form contains incorrect information. The applicant will be given notice of
				the deficiencies, and, if the required information is not provided by the
				applicant within thirty (30) days of the notice, the application will be
				terminated.
(e) The director or an
				authorized representative may verify the information shown on the application
				directly with educational institutions, other certification boards, and
				personal references, and may verify the work experience with the
				employer.
(f) If an application has
				been terminated, the person will not be considered for certification. A new
				application may be submitted at any time by complying with subsections (b) and
				(c).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 9 - Training, Examination, and Certification of Blasters › Section 9-5 - Examinations

Current through July 10, 2024
Authority: IC
				  14-34-2-1;
				  IC
				  14-34-12-2
Affected: IC
				  14-34-12-1
Sec. 5.
(a) The
				competence of an applicant for certification as a certified blaster will be
				evaluated by reviewing and verifying the following:
(1) The ability of the applicant to be
				directly responsible for the use of explosives in surface coal mining and
				reclamation operations through a written examination in the technical aspects
				of blasting and applicable Indiana and federal laws and regulations governing
				the storage, use, and transportation of explosives.
(2) The practical field experience specified
				in subsection (c).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 9 - Training, Examination, and Certification of Blasters › Section 9-6 - Comity registration

Current through July 10, 2024
Authority: IC
				  14-34-2-1;
				  IC
				  14-34-12-2
Affected: IC
				  14-34-12-1
Sec. 6.
(a) Any
				person who holds a valid certificate of registration as a certified blaster in
				another state may be granted certification as a certified blaster without
				examination as specified in section 5 of this rule, if:
(1) the director finds that the standard for
				certification in the other state at the time such certificate was issued was in
				accordance with a blaster certification program approved pursuant to
				30 U.S.C. 1253 and
				30
				CFR 732.13, and such standard is not lower than the standard required by this
				article;
(2) reciprocal
				certification privileges are granted to certified blasters registered in
				Indiana; and
(3) the person has
				made application for certification on forms furnished by the
				department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 9 - Training, Examination, and Certification of Blasters › Section 9-7 - Certification

Current through July 10, 2024
Authority: IC
				  14-34-2-1;
				  IC
				  14-34-12-2
Affected: IC
				  14-34-12-1
Sec. 7.
(a) When an
				applicant is accepted for certification, either by passing the examination or
				by comity, the department will provide notice to the applicant of the
				director's action. The certification will be valid for three (3)
				years.
(b) The director will assign
				a certification number to the registrant, and establish the date of
				certification that will appear on the certificate. As soon as practicable
				thereafter, the director will issue a certificate.
(c) The director is authorized to issue, upon
				request of a registrant a duplicate or replacement certificate. Such new
				certificate shall be assigned the original certificate number with the word
				"duplicate" inserted above the number.
(d) Certified blasters shall take every
				reasonable precaution to protect their certificate from loss, theft, or
				unauthorized duplication. Any such occurrence shall be immediately reported to
				the department.
(e) Certified
				blasters shall maintain their certificate at the mine site and shall
				immediately exhibit the certificate to any authorized representative of the
				director upon request.
(f)
				Certification as required by this article shall not be assigned or transferred
				to any other individual.
(g) A
				certified blaster shall not delegate their responsibility to any individual who
				is not a certified blaster.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 9 - Training, Examination, and Certification of Blasters › Section 9-8 - Renewal

Current through July 10, 2024
Authority: IC
				  14-34-2-1;
				  IC
				  14-34-12-2
Affected: IC
				  14-34-12-1
Sec. 8.
(a) A
				certified blaster must obtain renewal of the certification every three (3)
				years. A request for renewal of the certification shall be in writing on a form
				furnished by the department. The request for renewal must be received by the
				department not later than thirty (30) days prior to expiration of the
				certificate.
(b) The renewal will
				be approved if the certified blaster:
(1) has
				worked at least twelve (12) months of the preceding thirty-six (36) months as a
				certified blaster;
(2) is not in
				violation of section 9 of this rule; and
(3) has obtained a minimum of fifteen (15)
				hours of additional training in the topics found in section 3 of this rule.
				Each certified blaster must provide documentation that fifteen (15) hours of
				additional training has been achieved. The training must be approved by the
				department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 9 - Training, Examination, and Certification of Blasters › Section 9-9 - Suspension or revocation of certification

Current through July 10, 2024
Authority: IC
				  14-34-2-1;
				  IC
				  14-34-12-2
Affected: IC 4-21.5; IC
				  14-34-12-1
Sec. 9.
(a) The
				commission, following written notice and opportunity for a hearing, may, and
				upon a finding of willful conduct, shall, suspend or revoke the certification
				of a blaster for any of the following reasons:
(1) Noncompliance with any lawful order of
				the director or the commission.
(2)
				Unlawful use in the work place of, or current addiction to, alcohol, narcotics,
				or other dangerous drugs.
(3)
				Violation of any provision of the Indiana or federal laws or regulations
				dealing with the acquisition, transportation, storage, or use of
				explosives.
(4) Providing false
				information or a misrepresentation to obtain certification.
(5) Violation of section 7(d), 7(e), 7(f), or
				7(g) of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 10 - Reclamation Division Fund; Reclamation Fee › Section 10-1 - Scope

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-13
Sec. 1.
This rule sets forth the requirements for payment of the
				  reclamation fee under IC 14-34-13.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 10 - Reclamation Division Fund; Reclamation Fee › Section 10-2 - Reclamation fee

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-13
Sec. 2.
(a) Until
				July 1, 1995, all operators of coal mining operations subject to IC 14-34 and
				this article shall pay to the department for deposit in the natural resources
				reclamation division fund a reclamation fee of five and one-half cents ($0.055)
				on each ton of coal produced for sale, transfer, or use.
(b) Until July 1, 1995, all operators of
				underground coal mining operations with no support facilities located within
				Indiana, but producing coal from reserves located within Indiana, shall pay to
				the department for deposit in the natural resources reclamation division fund a
				reclamation fee of one cent ($0.01) per ton of coal produced from
				Indiana.
(c) The fee shall be
				determined based upon the weight of the coal at the time of initial bona fide
				sale, transfer of ownership, or use by the operator. The initial bona fide sale
				and the weight of the coal shall be determined as follows:
(1) The initial bona fide sale, transfer of
				ownership, or use shall be determined by the first transaction or use of the
				coal by the operator immediately after it is severed or removed from a
				reclaimed coal refuse deposit.
(2)
				The weight of each ton of coal shall be determined by the actual gross weight
				of the coal and the following:
(A) Impurities
				that have not been removed prior to the time of initial bona fide sale,
				transfer of ownership, or use by the operator (excluding excess moisture for
				which a reduction has been taken under subsection (d)) shall not be deducted
				from the gross weight.
(B)
				Operators selling coal on a clean coal basis shall retain records that show
				run-of-mine tonnage and the basis for the clean coal transaction.
(C) Insufficient records shall subject the
				operator to fees based on raw tonnage data.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 10 - Reclamation Division Fund; Reclamation Fee › Section 10-3 - Fee payment

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-13
Sec. 3.
(a) Each
				operator shall pay the reclamation fee concurrently with the federal
				reclamation fee under the Federal Surface Mining Control and Reclamation Act of
				1977 (
				30 U.S.C. 1232 )
				and not later than thirty (30) days after the end of each calendar quarter
				beginning with the third calendar quarter of 1991.
(b) Each operator shall use a coal production
				and reclamation fee report form (Form DOR-1), as set out in the Division of
				Reclamation, Reclamation Fee Handbook, revised August 1991, developed by the
				director to report the tonnage of coal produced and to calculate the
				reclamation fee due during the applicable calendar quarter.
(c) Each quarterly report of coal production
				shall be accompanied by a copy of OSM-1 and a check or money order made payable
				to the department in the amount of the reclamation fee owed for that quarter.
				Payments shall be made in person or mailed to the Jasonville office of the
				division of reclamation. Wire transfer, if available, can be used for payment
				of the reclamation fee, and the operator shall submit a copy of Form DOR-1
				within five (5) days of the transfer.
(d) Operators failing to submit the required
				report or to make reclamation fee payments by the thirtieth day after the end
				of the calendar quarter will be subject to a notice of violation and civil
				penalty assessments. Failure to comply with the terms of the notice of
				violation will result in the issuance of a cessation order for the failure to
				abate the notice of violation and an order to show cause why the permit should
				not be suspended or revoked. Delinquent payments made shall be credited against
				the civil penalty first, if assessed, and the reclamation fee second. Daily
				civil penalty amounts may be assessed.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 10 - Reclamation Division Fund; Reclamation Fee › Section 10-4 - Production records

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 5-14-3-4; IC 14-34-13
Sec. 4.
(a) Any
				person engaging in or conducting a coal mining operation shall maintain, on a
				current basis, records that contain at least the following information:
(1) The tons of coal produced, bought, sold,
				or transferred.
(2) The amount
				received per ton.
(3) The name of
				the person to whom the coal was sold or transferred.
(4) The date of each sale or
				transfer.
(5) The tons of coal used
				by the operator and the date of consumption.
(6) The tons of coal stockpiled or
				inventoried that are not classified as sold for federal reclamation fee
				purposes under 30 CFR 870.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  14-12-3-12; IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 1.
The definitions in this rule apply throughout this article
				  and are supplemental to those set forth in 312 IAC 1.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 1 - Definitions › Section 1-2 - "Acquisition" defined

Current through July 10, 2024
Authority: IC
				  14-12-3-12; IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 2.
"Acquisition" means to obtain fee title or another interest
				  in real property (including development rights or a remainder interest).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 1 - Definitions › Section 1-3 - "Community park" or "recreation area" defined

Current through July 10, 2024
Authority: IC
				  14-12-3-12; IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 3.
"Community park" or "recreation area" means a park or
				  recreation site that primarily provides public recreation for a municipality,
				  township, or county but may also serve a larger area.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 1 - Definitions › Section 1-4 - "Corporation" defined

Current through July 10, 2024
Authority: IC
				  14-12-3-12; IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 4.
"Corporation" means a not-for-profit corporation formed
				  under IC 23-7-1.1
[IC 23-7-1.1 was repealed by P.L. 179-1991, SECTION
				  34, effective August 1, 1991.]
.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 1 - Definitions › Section 1-5 - "Hometown Indiana Grant Program" defined

Current through July 10, 2024
Authority: IC
				  14-12-3-12; IC
				  14-12-3-13
Affected: IC
				  14-12-3-5;
				  IC
				  14-12-3-8
Sec. 5.
"Hometown Indiana grant program" refers to the grant program
				  established by IC
				  14-12-3-5.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 1 - Definitions › Section 1-6 - "Municipal corporation" defined

Current through July 10, 2024
Authority: IC
				  14-12-3-12; IC
				  14-12-3-13
Affected: IC
				  14-12-3-8;
				  IC
				  36-1-2-10
Sec. 6.
"Municipal corporation" has the meaning set forth in IC
				  36-1-2-10.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 1 - Definitions › Section 1-7 - "Preservation" defined

Current through July 10, 2024
Authority: IC
				  14-12-3-12; IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 7.
"Preservation" means to apply measures to sustain the
				  existing form, integrity, and material of a building or structure and the
				  existing form and vegetative cover of a site.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 1 - Definitions › Section 1-8 - "Program" defined

Current through July 10, 2024
Authority: IC
				  14-12-3-12; IC
				  14-12-3-13
Affected: IC
				  14-12-3-5;
				  IC
				  14-12-3-8
Sec. 8.
"Program" refers to the hometown Indiana grant program
				  established in IC 14-6-35-7
[IC 14-6 was repealed by P.L. 1-1995,
				  SECTION 91, effective July 1, 1995.]
.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 1 - Definitions › Section 1-9 - "Property" defined

Current through July 10, 2024
Authority: IC
				  14-12-3-12; IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 9.
"Property" means the real estate, or any improvement to the
				  real estate, that is the subject of an application made under this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 1 - Definitions › Section 1-10 - "Protection" defined

Current through July 10, 2024
Authority: IC
				  14-12-3-12; IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 10.
(a)
				"Protection" means to affect the physical condition of a property:
(1) by defending or guarding the property
				from deterioration, loss, or attack; or
(2) by covering or shielding the property
				from danger of injury.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 1 - Definitions › Section 1-11 - "Rehabilitation" defined

Current through July 10, 2024
Authority: IC
				  14-12-3-12; IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 11.
"Rehabilitation" means to return a property to a state of
				  utility through repair or alteration that makes possible an efficient
				  contemporary usage while causing the preservation of those portions or features
				  that are significant to the historical, architectural, or cultural values of
				  the property.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 1 - Definitions › Section 1-12 - "Restoration" defined

Current through July 10, 2024
Authority: IC
				  14-12-3-12; IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 12.
"Restoration" means to recover accurately the form and
				  details of a property and its setting as the property appeared during a
				  particular period of time by removing the later work or replacing a missing
				  earlier work.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 1 - Definitions › Section 1-13 - "SCORP" defined

Current through July 10, 2024
Authority: IC
				  14-12-3-12; IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 13.
"SCORP" means "SCORP 2000-2004: A New Millennium, A New
				  Tradition".
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 1 - Definitions › Section 1-14 - "Stabilization" defined

Current through July 10, 2024
Authority: IC
				  14-12-3-12; IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 14.
"Stabilization" means to apply measures to reestablish a
				  weather resistant enclosure and the structural stability of an unsafe or
				  deteriorated property while maintaining its essential present form.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 2 - Program Administration › Section 2-1 - Application

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-12-3-13
Affected: IC 14-12-3-8
Sec. 1.
(a) This
				rule establishes standards, requirements, and procedures applicable to a grant
				for a project that is subject to this article.
(b) For a grant under the Hometown Indiana
				Grant Program, reference must also be made to any of the following:
(1)
										312 IAC
				26-3 with respect to a grant for a project involving a
				community park or recreation area.
(2)
										312 IAC
				26-4 with respect to a grant for a project involving
				the historic preservation of real property.
(3)
										312 IAC
				26-5 with respect to a grant for a project involving
				community forestry.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 2 - Program Administration › Section 2-2 - Program administration

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-12-3-13
Affected: IC 4-21.5; IC 14-12-3-6
Sec. 2.
(a) This
				article is administered by the department.
(b) The commission is the ultimate authority
				for the department under IC 4-21.5 with respect to this article.
(c) Responsibility for the administration of
				grant projects for the Hometown Indiana Grant Program is delegated by the
				commission as provided in
				312 IAC
				26-3 through
				312 IAC
				26-5.
(d)
				Unless the terms of an appropriation provide otherwise, the SCORP shall be
				considered in developing priorities for the following programs:
(1) For a grant under the Hometown Indiana
				Grant Program subject to
				312 IAC
				26-3.
(2)
				For a grant derived from the Federal Land and Water Conservation Fund (16
				U.S.C. 4601-5) .
(3) For a grant
				under the Recreational Trails Program.
(4) For a grant under the Wabash River
				Heritage Corridor Fund.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 2 - Program Administration › Section 2-3 - Project assurances

Current through July 10, 2024
Authority: IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 3.
(a) An
				applicant for a grant must provide project proposal assurances as set forth in
				this section.
(b) A project
				assurance must include the following:
(1) A
				definition of abbreviated terms used in the provision assurances.
(2) Assurances that the acquisition,
				development, and maintenance of projects will be performed under lawful
				departmental standards. These assurances must set forth:
(A) accommodation for handicapped persons as
				otherwise provided by law;
(B)
				conformance with state bidding and contract requirements, including a
				nondiscrimination clause;
(C)
				project processing;
(D) record
				maintenance, including a financial management system;
(E) terms for maintenance of a site after the
				completion of a project; and
(F) a
				demonstration the project is compatible with existing site conditions,
				including sewers and utility facilities.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 2 - Program Administration › Section 2-4 - Project agreements

Current through July 10, 2024
Authority: IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 4.
(a) An
				applicant who is selected under this article to receive a grant must enter a
				project agreement with the department before the applicant is eligible to
				receive grant reimbursement.
(b)
				The project agreement must include the following:
(1) The name and address of the
				applicant.
(2) The project number
				as designated by the department.
(3) The project title as designated by the
				department.
(4) The date the
				director signed the project agreement; a statement that work begun before this
				date does not qualify for reimbursement, except as specified in the project
				agreement.
(5) The expiration date
				when work must be completed in order to qualify for reimbursement.
(6) The scope of the project that is eligible
				for reimbursement as determined by the commission.
(7) Project costs that identify the sponsor's
				share and the grant share provided under the program.
(8) Terms needed to assure compliance with:
(A) the standards and requirements of this
				article and any other applicable law;
(B) project assurances under section 3 of
				this rule and other promises or representations made in the grant application;
				and
(C) other requirements
				determined necessary by the department to address items that are unique to the
				project.
(9) Standards
				for the maintenance of temporary construction signs on the property during the
				effective period of a grant under this article. These signs shall identify the
				nature and extent of participation in the project by the state.
(10) Signatures needed to bind the department
				and the applicant to the terms of the project agreement.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 2 - Program Administration › Section 2-5 - Grant distributions

Current through July 10, 2024
Authority: IC 14-12-3-12; IC 14-12-3-13
Affected: IC 14-12-3-8
Sec. 5.
(a) Unless
				the terms of an appropriation provide otherwise or would make application of
				this section impracticable, the standards set forth in this section apply to
				the distribution of grants under the program.
(b) The percentage of an appropriation
				allotted to each of the three (3) types of grants is determined by the
				commission.
(c) The minimum grant
				application amounts (exclusive of local matches) are as follows:
(1) Ten thousand dollars ($10,000) for a
				community park or recreation area grant under
				312 IAC
				26-3.
(2)
				Four thousand dollars ($4,000) for a historic preservation grant under
				312 IAC
				26-4.
(3)
				Two thousand five hundred dollars ($2,500) for a community forestry grant under
				312 IAC
				26-5.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 3 - Community Park or Recreation Area Grants › Section 3-1 - Administration of community park or recreation area grants

Current through July 10, 2024
Authority: IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 1.
(a) This
				rule governs a grant for any project involving a community park or recreation
				area.
(b) This rule is administered
				by the division of outdoor recreation of the department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 3 - Community Park or Recreation Area Grants › Section 3-2 - General eligibility

Current through July 10, 2024
Authority: IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 2.
To be eligible to receive a grant for a project involving a
				  community park or recreation area, the following conditions must be met:
(1) The applicant must be a municipal
				corporation that is authorized to acquire, develop, operate, and maintain a
				community park or recreation area.
(2) An applicant who is a park and recreation
				board must have a current five (5) year park and recreation master plan
				approved by the department. Any other applicant must have an approved
				comprehensive plan developed by the applicant (or another municipal corporation
				within the jurisdiction of the applicant) who meets the same standards as are
				applicable to a park and recreation board.
(3) The grant must be used to acquire,
				develop, or renovate a community park or recreation area.
(4) A community park or recreation area must
				be on land that will be owned or controlled by the applicant upon performance
				of the project.
(5) A community
				park or recreation area, purchased with grant funds or donated as a local match
				for grant funds, must be operated and maintained in perpetuity for public
				recreation. If grant funds were used to develop or renovate a facility, the
				facility must be operated and maintained for public recreation for the useful
				life of the facility as determined by the department. (6) The applicant must
				demonstrate the ability of the municipal corporation to operate and maintain
				the community park or recreation area after its completion.
(7) The applicant must satisfy this
				article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 3 - Community Park or Recreation Area Grants › Section 3-3 - Eligibility requirements pertaining to usage for public recreation

Current through July 10, 2024
Authority: IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 3.
(a) Types
				of acquisition, development, and renovation that are eligible for assistance
				under the program (as constituting public recreation) include the following:
(1) Water-oriented recreation
				activities.
(2) Natural and scenic
				areas.
(3) Community
				parks.
(4) Regional
				parks.
(5) Linear parks.
(6) Interpretative facilities.
(7) Recreation sites that have historical
				significance.
(8) Areas for use at
				least fifty percent (50%) by the general public and the balance for public
				school use.
(9) Recreation sport
				facilities.
(10) Related indoor
				facilities.
As used in this subsection, "interpretative facilities"
				  includes farms, zoos, arboretums, nature centers, and similar
				  facilities.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 3 - Community Park or Recreation Area Grants › Section 3-4 - Grant application for a community park or recreation area

Current through July 10, 2024
Authority: IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 4.
A municipal corporation that seeks a grant under this rule
				  must complete a written application in a narrative form that includes the
				  following:
(1) An application completed
				on a department form.
(2) A project
				description that specifies:
(A) how the
				property will be acquired;
(B) the
				type of development proposed;
(C)
				the type of park, for example, neighborhood, community, or block; and
(D) the users expected, for example, inner
				city, weekend, youth, family, or senior citizens.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 3 - Community Park or Recreation Area Grants › Section 3-5 - Ratings of applications

Current through July 10, 2024
Authority: IC
				  14-12-3-12; IC
				  14-12-3-13
Affected: IC
				  14-12-3-8;
				  IC 36-10-3; IC 36-10-4
Sec. 5.
(a) An application for a grant made under
				this rule is evaluated according to ratings established by this section using
				the SCORP.
(b) The project
				application ratings criteria set forth in this subsection apply. The rating
				given to each project is determined by the extent to which the project
				accomplishes the purposes set forth in these criteria. A project receives a
				higher rating to the extent the project would as follows:
(1) Protect the state's natural heritage and
				important cultural and historic resources.
(2) Provide or expand interpretive facilities
				that develop greater awareness and appreciation of Indiana's natural and
				cultural resources, the environment, and their proper use and
				management.
(3) Expand recreational
				opportunities by more effective and efficient use of existing
				resources.
(4) Provide more land
				for public recreation or natural resource conservation.
(5) Prevent the loss of land to
				nonrecreational conservation use if funds are not obtained.
(6) Acquire wetlands.
(7) Enhance resources such as fish and
				wildlife habitat and plant communities.
(8) Enhance direct access to the state's lake
				and nonintermittent streams.
(9)
				Provide trail opportunities.
(10)
				Improve and expand cooperation, coordination, and planning within and between
				governmental entities and the private sector.
(11) Meet local recreation needs as described
				in a park and recreation master plan.
(12) Add diversity of local recreation
				opportunities.
(13) Project energy
				saving alternatives.
(14) If
				competing applications otherwise rate equally under this subsection, and if the
				last available funding is at issue, provide assistance to the applicant who has
				previously received the lower (or lowest) per capita assistance under this
				rule.
(c) The assignment
				of funds to applicants will be made as far as funds are available in order of
				highest to lowest rank under the ratings criteria.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 4 - Historic Preservation Grants › Section 4-1 - Administration of historic preservation grants

Current through July 10, 2024
Authority: IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 1.
(a) This
				rule governs a grant for any project involving the historic preservation of
				real property.
(b) This rule is
				administered by the division of historic preservation and archeology of the
				department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 4 - Historic Preservation Grants › Section 4-2 - General eligibility requirements

Current through July 10, 2024
Authority: IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 2.
To be eligible to receive a grant for a project involving
				  the historic preservation of real property, the following conditions must be
				  met:
(1) The applicant must be a
				municipal corporation or a corporation that has no affiliation with
				religion.
(2) The property must be
				listed in the Indiana State Register of Historic Sites and
				Structures.
(3) The project must
				meet the professional standards in architecture, history, and archaeology
				established in section 4 of this rule.
(4) The project must provide for the
				acquisition, protection, stabilization, preservation, rehabilitation,
				restoration, or archaeological investigation of the property.
(5) The applicant must demonstrate that there
				are adequate provisions, including sufficient identified sources of funds, to
				ensure that the property will be adequately operated and maintained.
(6) A portion of the facilities on the
				property to be maintained must be open to the public or maintained for public
				benefit.
(7) The property must be
				owned or controlled by the applicant upon performance of the project.
(8) The applicant must satisfy this
				article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 4 - Historic Preservation Grants › Section 4-3 - Projects ineligible for grants

Current through July 10, 2024
Authority: IC
				  14-12-3-13
Affected: IC
				  14-12-3-8
Sec. 3.
(a) A
				project that might otherwise meet the general eligibility requirements under
				section 2 of this rule is ineligible under this article for a grant if listed
				under subsection (b).
(b) A project
				is ineligible that proposes to use funds to:
(1) construct new buildings or
				facilities;
(2) reconstruct
				historic structures no longer extant;
(3) provide or install landscape elements not
				historically documented;
(4)
				purchase or conserve furnishings or historic artifacts; or
(5) do a project on real estate owned by the
				state or the federal government.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 4 - Historic Preservation Grants › Section 4-4 - General professional standards for historic preservation projects

Current through July 10, 2024
Authority: IC
				  14-12-3-13
Affected: IC
				  14-12-3-8;
				  IC 14-21-1
Sec. 4.
The following standards apply to any project under this
				  rule:
(1) A reasonable effort must be
				made by the applicant to provide a compatible use for a property that requires
				minimal alteration of the building structure or site and its environment or to
				use a property for the purpose originally intended.
(2) The distinguishing original quality or
				character of a building, structure, or site and its environment shall not be
				destroyed. The removal or alteration of any historic material or distinctive
				architectural feature should be avoided if possible.
(3) A building, structure, or site is a
				product of its own time. To the extent feasible, an alteration should
				demonstrate a historical basis that is appropriate to that time.
(4) A change that takes place in the course
				of time evidences the history and development of a building, structure, or site
				and its environment. The change may have acquired significance in itself, and
				this significance shall be recognized and respected.
(5) A distinctive stylistic feature or
				example of skilled craftsmanship that characterizes a building, structure, or
				site shall be treated with sensitivity.
(6) A deteriorated architectural feature
				shall be repaired, if practicable, rather than replaced. If replacement is
				necessary, any new material should match what is being replaced with respect to
				composition, design, color, texture, and other visual qualities. The repair or
				replacement of a missing architectural feature shall duplicate a feature as
				substantiated by historical, physical, or pictorial evidence, rather than as
				determined from a conjectural design or the availability of a different
				architectural element from another building or structure.
(7) Cleaning the surface of a structure shall
				be performed with the gentlest means possible. Sandblasting or another cleaning
				method that will damage the historic building material shall not be
				used.
(8) Every reasonable effort
				shall be made to protect and preserve archaeological resources that may be
				affected by a project.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 4 - Historic Preservation Grants › Section 4-5 - Professional standards for historic preservation projects involving acquisitions

Current through July 10, 2024
Authority: IC
				  14-12-3-13
Affected: IC
				  14-12-3-8;
				  IC 14-21-1
Sec. 5.
The following standards apply if a project under this rule
				  involves land acquisition:
(1) Careful
				consideration shall be given to the type and extent of property rights that are
				required to assure the preservation of the historic resource. The preservation
				objective shall determine the exact property rights to be acquired.
(2) A property shall be acquired in fee
				simple when absolute ownership is required to ensure its
				preservation.
(3) Every reasonable
				effort shall be made to acquire sufficient property with the historic resource
				to protect its historical, archaeological, architectural, or cultural
				significance.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 4 - Historic Preservation Grants › Section 4-6 - Professional standards for historic preservation projects involving protection

Current through July 10, 2024
Authority: IC
				  14-12-3-13
Affected: IC
				  14-12-3-8;
				  IC 14-21-1
Sec. 6.
The following standards apply if a project under this rule
				  involves the protection of a property:
(1) An analysis of the actual or anticipated
				threat to the property must be made before applying a protection measure that
				is generally temporary and implies future historic preservation work.
(2) The protection shall safeguard the
				physical condition or environment of a property from further deterioration or
				damage caused by animal, human, or natural intrusions (including those related
				to the weather).
(3) A historical
				or architectural feature that is removed shall be properly recorded, and, if
				practicable, stored for future study and use.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 26 - GRANT PROGRAMS › Rule 4 - Historic Preservation Grants › Section 4-7 - Professional standards for historic preservation projects involving stabilization

Current through July 10, 2024
Authority: IC
				  14-12-3-13
Affected: IC
				  14-12-3-8;
				  IC 14-21-1
Sec. 7.
The following standards apply if a project under this rule
				  involves stabilization:
(1) The
				structural stability of a property shall be reestablished through:
(A) the reinforcement of load bearing members
				or by arresting material deterioration leading to structural failure;
				and
(B) the return of
				weather-resistant conditions on the property.