Sec. 10. (a) The director may require a permit applicant to submit additional information concerning the identity, location, and nature of archeological and historic sites in or within one thousand (1,000) feet of the permit area in accordance with rules adopted by the commission to implement this section.

     (b) In the rules implementing this section, the commission shall provide that the director may require a permit applicant to identify and evaluate important archeological and historic sites through the following:

(1) Searches of the records of the following:

(A) Research institutions.

(B) The state historical preservation office.

(2) Field investigations.

(3) Other appropriate investigations according to standards incorporated in the rules.

     (c) The commission’s rules must be consistent with the principles set forth in IC 14-34-4-10(c).

     (d) This section and the rules adopted under this section may not be enforced if and to the extent that any federal court holds that the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. §§ 1201–1328) does not authorize the requirements of records searches, field investigations, or other studies in connection with application for surface coal mining operations.

[Pre-1995 Recodification Citation: 13-4.1-3-3.1.]

As added by P.L.1-1995, SEC.27. Amended by P.L.16-2009, SEC.24.