February 13, 2007





HOUSE BILL No. 1322

_____


DIGEST OF HB 1322 (Updated February 7, 2007 7:43 pm - DI 52)



Citations Affected: IC 14-8; IC 14-11.

Synopsis: Mineral extraction. Requires the department of natural resources to hold a local public meeting before the department may sell, lease, exchange, or transfer property or an interest in property to another person for the purpose of: (1) extraction of overburden for surface mining of geological material; or (2) exploration for geological material. Exempts from the public meeting requirement transactions concerning property being restored by the department under abandoned mines statutes.

Effective: July 1, 2007.





Crooks , Ulmer




    January 16, 2007, read first time and referred to Committee on Natural Resources.
    February 12, 2007, amended, reported _ Do Pass.






February 13, 2007

First Regular Session 115th General Assembly (2007)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2006 Regular Session of the General Assembly.

HOUSE BILL No. 1322



    A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 14-8-2-112.5; (07)HB1322.1.1. -->     SECTION 1. IC 14-8-2-112.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 112.5. "Geological material", for purposes of IC 14-11-1-8, has the meaning set forth in IC 14-11-1-8(a).
SOURCE: IC 14-8-2-194; (07)HB1322.1.2. -->     SECTION 2. IC 14-8-2-194 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 194. "Overburden", for purposes of IC 14-11-1-8 and IC 14-36-1, has the meaning set forth in IC 14-36-1-10.
SOURCE: IC 14-8-2-219; (07)HB1322.1.3. -->     SECTION 3. IC 14-8-2-219 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 219. "Property" has the following meaning:
         (1) For purposes of IC 14-11-1-8, the meaning set forth in IC 14-11-1-8(b).
        (1) (2) For purposes of IC 14-12-2 and IC 14-21-3, the meaning set forth in IC 14-12-2-6.
        (2) (3) For purposes of IC 14-18-8, the meaning set forth in

IC 14-18-8-1.

SOURCE: IC 14-11-1-8; (07)HB1322.1.4. -->     SECTION 4. IC 14-11-1-8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. (a) As used in this section, "geological material" means organic and inorganic minerals that are located on the ground surface, below ground level, or under water, including coal, shale, oil shale, peat, sand, gravel, clay, limestone, dolomite, anhydrite, and gypsum.
    (b) As used in this section, "property" means real property that is:
        (1) owned by the state; and
        (2) held or managed by the department.
    (c) Except as provided in subsection (f), the department may not sell, lease, exchange, or transfer:
        (1) any property; or
        (2) any interest in a property;
to another person for a purpose listed in subsection (d) unless the department holds a meeting as described in subsection (e).

     (d) The purposes referred to in subsection (c) are as follows:
        (1) Extraction of overburden for surface mining of geological material.
        (2) Exploration for geological material.
    (e) The department must:
        (1) hold a meeting referred to in subsection (c) in a county in which the property referred to in subsection (c) is wholly or partially located;
        (2) provide to the public at the meeting information concerning the proposed transaction described in subsection (c); and
        (3) allow members of the public to speak at the meeting concerning the
proposed transaction described in subsection (c).
    (f) Subsection (c) does not apply to a transaction described in subsection (c) if the department is restoring the land that is the subject of the transaction under IC 14-34-19.