reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 4 - Historic Sites and Historic Structures › Section 4-6 - "Setting" defined

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. 6.
"Setting" means the physical environment of a historic site
				  or historic structure that is associated with it historically or by design.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 4 - Historic Sites and Historic Structures › Section 4-7 - Evaluation of a historic site

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-21-1-25; IC 14-21-1-31
Affected: IC 14-9; IC 14-21-1
Sec. 7.
In evaluating whether a site is a historic site, the division
				  shall take into account what is important to the:
(1) general;
(2) archaeological;
(3) agricultural;
(4) economic;
(5) social;
(6) political;
(7) architectural;
(8) industrial; or
(9) cultural;
history of Indiana. In evaluating impacts on a historic site,
				  the division shall also consider adjacent property that is necessary for the
				  preservation or restoration of the site. To assist in an evaluation, reference
				  shall be made to the definitions of a "site" or a "district" set forth by the
				  National Park Service (
				  36
				  CFR 60.3 (July 1, 2009)) and to the
				  definitions for "historic designed landscape" and "historic vernacular
				  landscape" in "The Secretary of the Interior's Standards for the Treatment of
				  Historic Properties with Guidelines for the Treatment of Cultural Landscapes"
				  (U.S. Department of the Interior, National Park Service, Washington, D.C.,
				  1996, page five (5)).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 4 - Historic Sites and Historic Structures › Section 4-8 - Evaluation of a historic structure

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. 8.
In evaluating whether a structure is a historic structure,
				  the division shall take into account what is important to the:
(1) general;
(2) archaeological;
(3) agricultural;
(4) economic;
(5) social;
(6) political;
(7) architectural;
(8) industrial; or
(9) cultural;
history of Indiana. In evaluating impacts on a historic
				  structure, the division shall also consider adjacent property that is necessary
				  for the preservation or restoration of the structure. To assist in an
				  evaluation, reference shall be made to the definitions of a building,
				  structure, or object set forth by the National Park Service at
				  36
				  CFR 60.3 (July 1, 2009).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 4 - Historic Sites and Historic Structures › Section 4-9 - Certificate of approval

Current through July 10, 2024
Authority: IC
				  14-21-1-31
Affected: IC 14-9; IC
				  14-21-1-18
Sec. 9.
(a) Except
				as provided in section 11 of this rule, a state agency may not alter, demolish,
				or remove any state-owned historic site or historic structure eligible for or
				listed in the National Register or Indiana register by a project funded, in
				whole or in part, by the state, unless the agency obtains in advance a
				certificate issued under IC
				14-21-1-18
				and this rule.
(b) Except as
				provided in section 11 of this rule, a state agency or other entity employing
				state funds may not alter, demolish, or remove any historic site or historic
				structure that is listed on the National Register or Indiana register and not
				owned by the state, unless the agency or entity obtains in advance a
				certificate of approval.
(c) A
				state agency or entity described in subsection (a) or (b) must file an
				application for a certificate with the division as set forth in this
				rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 4 - Historic Sites and Historic Structures › Section 4-10 - Application for certificate of approval

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-21-1-25; IC 14-21-1-31
Affected: IC 14-9; IC 14-21-1
Sec. 10.
A state agency or other entity described in section 9 of this
				  rule must complete an application on a division form that includes the
				  following information:
(1) A detailed
				description or scope of work of all:
(A)
				construction;
(B)
				demolition;
(C)
				landscaping;
(D)
				earthmoving;
(E) rehabilitation;
				and
(F) installation;
				activities.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 4 - Historic Sites and Historic Structures › Section 4-11.5 - Dual review proposals

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-31
Affected: IC 14-9; IC 14-21-1-18
Sec. 11.5.
(a) This
				section governs a proposal that requires review by the division potentially
				under both
				16
				U.S.C. 470f and IC 14-21-1-18.
(b) A person may submit a proposal to the
				division for a project that is subject to review by the division under
				16
				U.S.C. 470f and IC 14-21-1-18.
(c) A person that wishes to make a submission
				under this section must provide a transmittal letter to the division with "Dual
				Review Project" in the subject line.
(d) Upon receipt of a transmittal letter, the
				division shall conduct a review that satisfies both:
(1)
										16
				U.S.C. 470f and
				36
				CFR 800; and
(2) IC 14-21-1-18 and
				this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 4 - Historic Sites and Historic Structures › Section 4-12 - Requesting additional information to complete applications for a certificate of approval by the review board

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-9; IC 14-21-1
Sec. 12.
If the division director (or the review board under section
				  11(g) of this rule) determines that a certificate is required for a proposed
				  activity, the division director may request additional information from the
				  applicant on the project deemed appropriate to presenting a complete
				  application for consideration by the review board.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 4 - Historic Sites and Historic Structures › Section 4-13 - Consideration by review board of applications for a certificate of approval

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-9; IC 14-21-1
Sec. 13.
(a) If the
				division director determines that a certificate is required for a proposed
				activity, the director shall notify the applicant and other interested persons
				that the application would be placed on the agenda of the review board for
				action. An application must be complete at least forty (40) days before a
				scheduled meeting of the review board in order to qualify for placement on the
				agenda of the meeting. The division director shall send notice to the applicant
				and other interested persons at least ten (10) days before the
				meeting.
(b) The division shall
				prepare a staff comment on the project and its adverse impact on eligible or
				listed historic sites or historic structures. The comment may provide a
				recommendation on ways to remove or reduce the adverse impact to an acceptable
				level or to mitigate the adverse impact if removal or substantial reduction is
				not feasible. If removal or reduction of the adverse impact to an acceptable
				level or mitigation of the impact does not appear feasible, the division may
				recommend denial of the application.
(c) The review board shall provide a
				reasonable opportunity for the applicant and other interested persons to
				provide oral or written comments at the meeting with respect to an application.
				The review board may:
(1) act upon an
				application during the initial meeting when the application is considered;
				or
(2) defer action until a
				subsequent meeting.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 5 - Indiana Register › Section 5-1 - Applicability of rule for Indiana register of historic sites and structures

Current through July 10, 2024
Authority: IC
				  14-21-1-31
Affected: IC 14-9; IC
				  14-21-1-9
Sec. 1.
This rule governs matters pertaining to 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 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 5 - Indiana Register › Section 5-2 - Criteria for eligibility on the register

Current through July 10, 2024
Authority: IC
				  14-21-1-31
Affected: IC 14-9; IC 14-21-1
Sec. 2.
A site, district, building, structure, or object is eligible
				  for inclusion in the Indiana register if it does each of the following:
(1) Possesses local, state, or national
				significance in Indiana history, architecture, archaeology, engineering, or
				culture.
(2) Demonstrates
				sufficient integrity of location, setting, design, workmanship, and materials.
				Feeling and association are factors that may be considered.
(3) Satisfies at least one (1) of the
				following:
(A) Is associated with events who
				have made a significant contribution to national, state, or local
				history.
(B) Is associated with
				individuals who have made significant contribution to the nation, state, or
				local community.
(C) Embodies
				distinctive characteristics of a type, period, or method of
				construction.
(D) Represents the
				work of a master.
(E) Possesses
				high artistic values.
(F) Has
				yielded, or will likely yield, information important in the archaeological
				knowledge of the prehistory or history of the state or nation.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 5 - Indiana Register › Section 5-3 - Eligibility exemptions

Current through July 10, 2024
Authority: IC
				  14-21-1-31
Affected: IC 14-9; IC 14-21-1
Sec. 3.
(a) Except
				as provided in subsection (b), a structure or site cannot be included in the
				Indiana register if the structure is any of the following:
(1) Moved from its original
				location.
(2) A reconstructed
				historic building.
(3) Primarily
				commemorative in nature.
(4) An
				archaeological site where the contextual integrity is significantly
				altered.
(5) A structure or site
				where the significance was achieved within the past fifty (50) years.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 5 - Indiana Register › Section 5-4 - Listing and removal of properties from the Indiana register

Current through July 10, 2024
Authority: IC 14-21-1-31
Affected: IC 4-21.5; IC 14-9; IC 14-21-1-17
Sec. 4.
(a)
				Additions and removals from the Indiana register are governed by IC 14-21-1-17,
				312
				IAC 2-3-1, and this section.
(b) The Indiana register includes any site
				listed by the board:
(1) on the effective date
				of this rule; or
(2) under this
				section.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 21 - ARCHAEOLOGICAL REVIEW AND RECOVERY › Rule 1 - Definitions › Section 1-1 - Application

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-34-4-10
Affected: IC 14
Sec. 1.
The definitions 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 21 - ARCHAEOLOGICAL REVIEW AND RECOVERY › Rule 1 - Definitions › Section 1-2 - "Division" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-34-4-10
Affected: IC
				  14-9-4-1
Sec. 2.
"Division" refers to the division of historic preservation
				  and archaeology established under IC
				  14-21-1-6
[IC
				  14-21-1-6 was
				  repealed by P.L. 85-2008, SECTION 6, effective July 1, 2008.]
.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 21 - ARCHAEOLOGICAL REVIEW AND RECOVERY › Rule 1 - Definitions › Section 1-3 - "Guidebook" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-34-4-10
Affected: IC 14
Sec. 3.
"Guidebook" refers to the Guidebook for Indiana Historic
				  Sites and Structures Inventory and Archaeological Sites (1989 edition) as
				  prepared by the division.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 21 - ARCHAEOLOGICAL REVIEW AND RECOVERY › Rule 1 - Definitions › Section 1-4 - "Principal investigator" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-34-4-10
Affected: IC 14
Sec. 4.
"Principal investigator" means the individual who is
				  responsible for coordinating, developing, and completing an archaeological
				  project under this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 21 - ARCHAEOLOGICAL REVIEW AND RECOVERY › Rule 1 - Definitions › Section 1-5 - "Related field" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-34-4-10
Affected: IC 14
Sec. 5.
"Related field" means history, cultural geography, folklore,
				  historical architecture, paleontology, or another discipline similar to
				  anthropology, where archaeological course work and fieldwork are part of
				  background and research.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 21 - ARCHAEOLOGICAL REVIEW AND RECOVERY › Rule 1 - Definitions › Section 1-6 - "Review board" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-34-4-10
Affected: IC
				  14-21-1-20
Sec. 6.
"Review board" refers to the historic preservation review
				  board established under IC
				  14-21-1-20.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 21 - ARCHAEOLOGICAL REVIEW AND RECOVERY › Rule 2 - Administration › Section 2-1 - Application

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-34-4-10
Affected: IC 14
Sec. 1.
(a) This
				article establishes standards applicable to archaeological investigations
				conducted to meet state and federal historic preservation compliance
				requirements.
(b) A person must
				satisfy this article where:
(1) an
				archaeological investigation is required; and
(2) 36 CFR 800 and 48 FR 44716 through 48 FR
				44742 are not suitable guidelines for the exercise of authority by the
				department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 21 - ARCHAEOLOGICAL REVIEW AND RECOVERY › Rule 2 - Administration › Section 2-2 - Administration

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-34-4-10
Affected: IC 14
Sec. 2.
(a) The
				commission is the ultimate authority for the department under this
				article.
(b) The division shall
				conduct the technical and professional review functions for the department
				under this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 21 - ARCHAEOLOGICAL REVIEW AND RECOVERY › Rule 3 - Qualification Standards › Section 3-1 - Application

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-34-4-10
Affected: IC 14
Sec. 1.
This rule establishes the standards applicable to
				  participation, personnel, project facilities, analysis, curation, project
				  documentation, and reporting under this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 21 - ARCHAEOLOGICAL REVIEW AND RECOVERY › Rule 3 - Qualification Standards › Section 3-2 - Participation

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-34-4-10
Affected: IC 14
Sec. 2.
(a) An
				archaeological investigation under this article must be carried out under the
				direction of a principal investigator.
(b) A project plan shall consider the
				appropriate use of other professionals in the fields of social, physical,
				medical, biological, and life sciences.
(c) An archaeological plan must consider the
				appropriate use of a vocational or amateur archaeologists.
(d) A participant in a project who has a
				supervisory or decision making responsibility must satisfy section 4(b) or 4(c)
				of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 21 - ARCHAEOLOGICAL REVIEW AND RECOVERY › Rule 3 - Qualification Standards › Section 3-3 - Archaeological project plans

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-34-4-10
Affected: IC 14
Sec. 3.
(a) An
				archaeological plan must be adopted for any project under this article. The
				plan must represent a coherent approach to the type of project, the
				environmental and cultural setting, and the type of archaeological resources
				known to exist or yet unidentified in the project area. A project plan must
				consider the need to complete the project in a competent and timely
				fashion.
(b) A project plan must
				include the following:
(1) Background
				information that consists of the following:
(A) A physical description of the project
				area.
(B) Known archaeological
				resources in the project area.
(C)
				A history of recent impacts to the area.
(D) A summary of previous archaeological
				activities in the area.
(E) A
				description of the construction or other activity that results in a need for
				the project.
(F) Events leading to
				the planned project.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 21 - ARCHAEOLOGICAL REVIEW AND RECOVERY › Rule 3 - Qualification Standards › Section 3-4 - Personnel qualifications

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-34-4-10
Affected: IC
				  4-21.5-3-8;
				  IC 14
Sec. 4.
(a) An
				individual who wishes to conduct an investigation under this article must
				submit a curriculum vitae to the division to satisfy the qualification
				standards of this section.
(b) A
				principal investigator must have the following:
(1) A graduate degree in anthropology or a
				closely related field with a specialization in archaeology at the graduate
				level.
(2) Three (3) years of
				experience in anthropology or a related field, consisting of at least two (2)
				years as a supervisor in archaeological survey and excavation and one (1) year
				of laboratory cataloging and analysis and the preparation of a
				research-oriented monograph, thesis, or dissertation.
(3) Graduate course work, training, and
				experience in archaeology, including theory, methods, techniques, cultural
				areas, and field and laboratory techniques, under the direction of a qualified
				professional archaeologist.
(4) In
				addition to the requirements contained in subdivisions (1) through (3), the
				following requirements apply to a project in the areas specified:
(A) For a prehistory project, two (2) years
				of supervisory experience and research in Midwestern archaeology.
(B) For a history project, two (2) years of
				supervisory experience in Midwestern historic archaeology and archival
				research.
(C) For a marine project,
				two (2) years of supervisory experience in underwater archaeological techniques
				and research. Diving certification is also required from a recognized
				certifying organization (examples: NAUI, PADI, Red Cross, YMCA, and United
				States Navy).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 21 - ARCHAEOLOGICAL REVIEW AND RECOVERY › Rule 3 - Qualification Standards › Section 3-5 - Project facilities

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-34-4-10
Affected: IC 14
Sec. 5.
(a) A person
				who wishes to perform a project under this article must demonstrate adequate
				facilities and equipment to conduct nonfield portions of the archaeological
				investigation, including those needed for cleaning, cataloging, analysis, and
				preservation of archaeological specimens.
(b) In addition to the requirements under
				subsection (a), there must be arrangements for any special or technical
				analyses, including palynology, ethnobotany, zooarchaeology, pedology,
				radiometric analyses, and photography.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 21 - ARCHAEOLOGICAL REVIEW AND RECOVERY › Rule 3 - Qualification Standards › Section 3-6 - Analysis

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-34-4-10
Affected: IC 14
Sec. 6.
(a) Before
				beginning an archaeological investigation, the principal investigator must
				ensure that personnel are available to properly analyze project information as
				required in a project plan. The analysis of project information shall be based
				on logical rigor and adequate data, with an underlying rationale, and shall be
				replicable.
(b) Special collections
				or materials that require special analysis (including soil, pollen, plant and
				animal remains, carbon sources, flotation materials, and skeletal remains) must
				be prepared or stabilized, processed, and documented immediately upon return
				from the field. Records of materials requiring special analysis (including
				field notes, maps, and photographs) must be available for analysis. Photographs
				must be processed while in the field.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 21 - ARCHAEOLOGICAL REVIEW AND RECOVERY › Rule 3 - Qualification Standards › Section 3-7 - Curation

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-34-4-10
Affected: IC 14
Sec. 7.
(a) A
				principal investigator must place in a facility that is secure, but accessible
				to other professionals, the materials, records, documentation, and reports
				produced under this article. A principal investigator must ensure that adequate
				methods are applied to catalog, clean, preserve, and curate collections and
				their documentation. Curation must provide proper packaging, cataloging,
				storage, treatment, preservation, transportation, and protection of
				archaeological materials in the field, the laboratory, and during the curation
				process.
(b) A curation facility
				must be staffed with personnel trained in the long term preservation and
				protection of archaeological collections. The chief curator of materials
				recovered under this article must have a master's degree or two (2) years of
				supervisory experience in collection management, maintenance, classification,
				cataloging, and conservation. The curator also must be experienced in museology
				and in educational and public programs. The curation facility must use an
				accession system to coordinate access to artifacts, specimens, documents, and
				other curated products. The facility must demonstrate environmentally sound
				storage areas and adequate security against theft.
(c) This section does not apply unless the
				owner of an artifact or other material removed during an archaeological
				investigation consents, in writing, to the curation of the artifact or other
				material.
(d) As used in this
				section, "material" does not include human remains. Ownership to an artifact
				rests with the landowner unless transferred, in writing, to another person.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 21 - ARCHAEOLOGICAL REVIEW AND RECOVERY › Rule 3 - Qualification Standards › Section 3-8 - Project documentation and reporting

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-34-4-10
Affected: IC 14
Sec. 8.
(a) A
				principal investigator must ensure that project documentation is integrated
				into a project completion report. This report provides the results of
				archaeological investigations, including recommendations for further
				archaeological work. A project completion report must also provide the division
				with technical findings from which cultural resource management and compliance
				decisions can be made, which will protect important archaeological
				sites.
(b) A project completion
				report is required for an investigation under this article. The principal
				investigator shall submit a draft of the report through the person who is
				required to complete a project (or, if the state is the contractor, directly)
				to the division for review and approval. After a report is approved, the
				principal investigator shall submit a final copy to the division, to the agency
				that requires a project to be completed under this article, and to the person
				who is required to complete the project under this article.
(c) The size and content of a project
				completion report shall reflect the size and complexity of the project and the
				project plan. The report shall use standard quality paper on white bond, eight
				and one-half (8½) inches wide and eleven (11) inches long, and must
				include the following:
(1) A title page with
				the following:
(A) The project
				title.
(B) The project
				sponsor.
(C) The project
				number.
(D) The principal
				investigator.
(E) The agency or
				institutional affiliation.
(F) Any
				coauthors.
(G) The date of
				issuance.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › 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 14-21-1
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 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-2 - "Agricultural purpose" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 2.
"Agricultural purpose" includes the following:
(1) Farming.
(2) Dairying.
(3) Pasturage.
(4) Agriculture.
(5) Horticulture.
(6) Floriculture.
(7) Vitaculture.
(8) Ornamental horticulture.
(9) Olericulture.
(10) Pomiculture.
(11) Animal husbandry.
(12) Poultry husbandry.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-3 - "Artifact" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 3.
"Artifact" means an object made or shaped by human
				  workmanship before December 11, 1816.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-4 - "Burial ground" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 4.
"Burial ground" means ground in which human remains are
				  buried, including the land associated with or incidental to the burial of human
				  remains.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-5 - "Burial object" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 5.
"Burial object" means an item intentionally placed in a
				  burial ground at or near the time of burial.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-6 - "Cultural" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 6.
"Cultural" means patterned behavior consisting of beliefs,
				  values, customs, art, morals, or laws practiced in whole or in part by a
				  corporate group of society as a measure of inclusiveness that is verifiable by
				  archaeological, historical, or anthropological study.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-7 - "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. 7.
"Division" means the division of historic preservation and
				  archaeology.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-8 - "Division director" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 8.
"Division director" means the director of the division.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-9 - "Historic property" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 9.
"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 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-10 - "Historic site" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 10.
"Historic site" means any site that is important to the
				  general, archaeological, 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 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-11 - "Historic structure" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 11.
"Historic structure" means any structure that is important to
				  the general, archaeological, 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 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-12 - "Human remains" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 12.
"Human remains" means any part of the body of a human being
				  in any stage of decomposition or state of preservation. However, this article
				  does not apply to the human remains of individuals dying after December 31,
				  1939.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-13 - "Investigation" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 13.
"Investigation" means an archaeological or historical
				  investigation that does the following:
(1) Principally employs amateur
				archaeologists.
(2) Is not under
				the control or supervision of a principal investigator.
(3) Uses systematic methods and techniques to
				locate, identify, evaluate, recover, treat, analyze, and conserve artifacts and
				associated contexts.
(4) Results in
				the production of a report detailing its various activities and
				findings.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-14 - "Plan" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 14.
"Plan" means an archaeological plan for the systematic
				  recovery, analysis, and disposition by scientific methods of material evidence
				  and information about the life and culture in past ages.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-15 - "Principal investigator" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 15.
"Principal investigator" means the individual who is
				  responsible for coordinating, developing, and completing an archaeological
				  project under IC 14-21-1 and 312 IAC 20.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-16 - "Register" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC
				  14-21-1-15
Sec. 16.
"Register" means the register of Indiana historic sites and
				  historic structures established under IC
				  14-21-1-15.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-17 - "Related field" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 17.
"Related field" means anthropology, physical anthropology, or
				  another discipline to archaeology where archaeological or bioarchaeological
				  course work and fieldwork are part of the background and research.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-18 - "Religious" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 18.
"Religious" means a system of beliefs, symbols, rituals, or
				  ideology practiced in whole or in part by a corporate group of society
				  that:
(1) serves to define human,
				sacred, or supernatural relations and the rationale for human existence;
				and
(2) is verifiable by
				archaeological, historical, or anthropological study.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-19 - "Review board" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC
				  14-21-1-20
Sec. 19.
"Review board" means the historic preservation review board
				  established under IC
				  14-21-1-20.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-20 - "Scientific investigation" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 20.
"Scientific investigation" means an archaeological,
				  anthropological, physical anthropological, or historical investigation that
				  does the following:
(1) Is conducted
				under the control or supervision of a principal investigator.
(2) Employs specialized, systematic methods
				and techniques to locate, identify, evaluate, recover, treat, analyze, and
				conserve any artifacts, burial objects, and buried human remains and associated
				contexts.
(3) Produces a report
				detailing its various activities and findings.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-21 - "Site" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 21.
"Site" means any aboriginal mound, fort, earthwork, village
				  location, burial ground, ruin, mine, cave, battleground, shipwreck, or other
				  similar location on land or under water or any location that contains or once
				  contained a structure.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-22 - "Structure" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 22.
"Structure" means any manmade construction.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 1 - Definitions › Section 1-23 - "Traditional" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 23.
"Traditional" means a cultural or religious practice or
				  behavior pattern that is:
(1) shared
				by a corporate group;
(2) passed
				from generation to generation as part of the socialization process;
				and
(3) verifiable by
				archaeological, historical, or anthropological study.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 2 - Intentional and Accidental Discoveries of Human Remains and Artifacts; Permits › Section 2-1 - Application

Current through July 10, 2024
Authority: IC 14-21-1-25; IC 14-21-1-31
Affected: IC 14-21-1-27; IC 14-22-1; IC 14-34; IC
				  23-14
Sec. 1.
(a) This
				article establishes standards for each of the following:
(1) Investigations.
(2) Scientific investigations.
(3) The accidental discovery or purposeful
				disturbance of archaeological sites and human remains on any
				property.
(4) The issuance of
				permits.
(5) Permit conditions
				required to satisfy IC 14-21-1 and this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 2 - Intentional and Accidental Discoveries of Human Remains and Artifacts; Permits › Section 2-2 - Administration

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC
				  4-21.5-1-15;
				  IC 14-21-1
Sec. 2.
(a) The
				division is responsible for conduct of the technical and professional functions
				of the department under this article.
(b) The review board or the division director
				may make an initial order or determination under this article.
(c) The commission is the ultimate authority
				for a final order or determination under this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 2 - Intentional and Accidental Discoveries of Human Remains and Artifacts; Permits › Section 2-3 - Permits

Current through July 10, 2024
Authority: IC 14-21-1-25; IC 14-21-1-31
Affected: IC 14-21-1-26; IC 14-21-1-28
Sec. 3.
(a) No
				person may disturb the ground, or continue the disturbance following an
				accidental discovery, for the purpose of discovering or removing artifacts,
				burial objects, grave markers, or human remains without a prior permit issued
				by the department under IC 14-21-1-26
[sic., IC 14-21-1-26]
,
				IC 14-21-1-28
[sic., IC 14-21-1-28]
, and this
				article.
(b) Except as provided in
				section 7 of this rule, an applicant for a permit must comply with the
				following:
(1) A plan, which includes the
				information required under
				312 IAC 22-3-2
				through
				312 IAC
				22-3-8, shall be submitted with each permit
				application.
(2) An application to
				conduct an investigation or a scientific investigation shall be filed at least
				thirty (30) days before the proposed commencement of the project.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 2 - Intentional and Accidental Discoveries of Human Remains and Artifacts; Permits › Section 2-4 - Notification and permit conditions

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. 4.
(a) Except as
				provided in subsections (c) through (d), a person who discovers an artifact or
				a burial object while disturbing the ground for a purpose other than the
				discovery of artifacts or burial objects must do the following:
(1) Immediately cease disturbing the
				ground.
(2) Notify the department
				within two (2) business days after the time of disturbance.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 2 - Intentional and Accidental Discoveries of Human Remains and Artifacts; Permits › Section 2-5 - Permit determinations and revocations

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC
				  4-21.5-1-4;
				  IC
				  4-21.5-3-8;
				  IC 4-21.5-4; IC 14-21-1
Sec. 5.
(a) Where an
				application for a permit is received by the department that is not complete,
				the division may:
(1) provide instructions to
				the applicant for completion of the application; or
(2) return the application with a
				notification that a permit will not be issued until sections 2 through 3 of
				this rule are satisfied. A determination under this subdivision is an agency
				order under IC
				4-21.5-1-4
				and is subject to administrative review.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 2 - Intentional and Accidental Discoveries of Human Remains and Artifacts; Permits › Section 2-6 - Disturbing the ground in the absence of or violation of a plan

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC
				  14-21-1-26;
				  IC
				  14-21-1-28
Sec. 6.
(a) A person
				who disturbs the ground for the purpose of discovering artifacts or burial
				objects must do so in accordance with a plan approved by the department in a
				permit issued under IC 14-21-1 and this article.
(b) Criminal sanctions for violation of IC
				14-21-1 and this article are set forth in IC
				14-21-1-26
				and IC
				14-21-1-28.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 22 - HUMAN REMAINS, BURIAL OBJECTS, AND ARTIFACTS › Rule 2 - Intentional and Accidental Discoveries of Human Remains and Artifacts; Permits › Section 2-7 - Emergency permits

Current through July 10, 2024
Authority: IC 14-21-1-25; IC 14-21-1-31
Affected: IC 4-21.5-4; IC 14-21-1
Sec. 7.
(a) The
				division director may, under IC 4-21.5-4, issue an emergency permit to conduct
				a scientific investigation where imminent or irreparable damage to an historic
				site or a burial ground is likely to occur due to natural or cultural causes
				before a permit can be processed under section 3(b) of this rule.
(b) An emergency permit must satisfy each of
				the following:
(1) The performance standards
				contained in IC 14-21-1.
(2) The
				requirements of
				312 IAC 22-3-2
				through
				312 IAC
				22-3-9.
(3) To the extent feasible, the requirements
				of section 3(c) of this rule.
(4)
				Any other conditions set forth by the department in the emergency
				permit.
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 3-1 - Application

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 1.
(a) This
				rule establishes the standards applicable to the following:
(1) Participation.
(2) Plans.
(3) Personnel.
(4) Project facilities.
(5) Analyses.
(6) Curation.
(7) Treatment and disposition of human
				remains.
(8) Project
				documentation.
(9)
				Reporting.
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 3-2 - Participation

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 2.
(a) A
				scientific investigation must be carried out under the direction of a principal
				investigator where any of the following conditions are present:
(1) The investigation must be conducted to
				satisfy a state or federal law other than this article.
(2) The investigation will be conducted on a
				property owned or leased by the state or one (1) of its agencies.
(3) The investigation will be funded in whole
				or in part by the state.
(4) The
				investigation will be conducted on a site that is listed on or eligible for
				listing on the state register of historic sites and structures or the National
				Register of Historic Places.
(5)
				The investigation is likely to result in the discovery 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 3-3 - Plans

Current through July 10, 2024
Authority: IC
				  14-21-1-25;
				  IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 3.
(a) A plan
				must be submitted with any application for a permit for an investigation or a
				scientific investigation. The plan shall provide a coherent approach to the
				type of project or investigation, the environmental and cultural setting, and
				the type of archaeological or human remains known to exist or yet unidentified
				in the project area. A plan shall consider the time constraints upon the
				applicant, the rights and interests of landowners, personnel needed to
				accomplish the work, and the season and environmental conditions within which
				work would be accomplished.
(b) A
				plan shall consider the appropriate use of each of the following persons:
(1) Professionals in:
(A) archaeology;
(B) anthropology;
(C) physical anthropology;
(D) medicine;
(E) forensic science;
(F) biology;
(G) cultural geography;
(H) geology; and
(I) paleontology.