Sec. 47. (a) “Commercially minable coal resource”, for purposes of IC 14-37, means a seam of coal that:

(1) can be mined using generally accepted underground practices and suitable equipment; and

Terms Used In Indiana Code 14-8-2-47

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
(2) consists of coal in sufficient quantities and of sufficient quality to be commercially saleable.

     (b) The term includes a seam of coal to which one (1) or more of the following apply:

(1) The seam is:

(A) associated with an underground mine permitted under IC 14-34; and

(B) specifically intended to be mined under the permit.

(2) The seam is associated with an inactive underground mining operation at which mining operations:

(A) have temporarily ceased; and

(B) are anticipated to be resumed by the person with the right to develop the seam.

(3) The seam is identified as a commercially minable coal resource by the owner or lessee of the seam by a map accompanied by an affidavit that:

(A) is filed with the division of reclamation; and

(B) states that the coal in the seam is being held for later commercial production.

(4) The seam is:

(A) at least thirty-six (36) inches thick; and

(B) located not more than eight hundred (800) feet below the surface.

[Pre-1995 Recodification Citation: 13-8-2-4.]

As added by P.L.1-1995, SEC.1. Amended by P.L.78-2010, SEC.2; P.L.42-2011, SEC.31; P.L.127-2022, SEC.4.