Indiana § 14-37-7-8 - Area considered a commercially minable coal resource

§ 14-37-7-8. Area considered a commercially minable coal resource

Sec. 8. (a) The owner or lessee of coal or another person with an interest to develop a coal resource may file with the division an affidavit that:

(1) identifies by a map prepared by an engineer licensed under IC 25-31 or a geologist licensed under IC 25-17.6:

(A) the location of coal that the owner or lessee controls by deed, lease, or other instrument for later commercial production;

(B) the location of coal that is in an area targeted for later commercial production;

(C) the location of the coal seam or seams of interest; and

(D) the approximate depth of the coal seam or seams of interest; and

(2) states that the coal:

(A) can be mined using generally accepted underground mining practices; and

(B) is of sufficient quantity and quality to be commercially saleable.

(b) All coal in an area designated under subsection (a) is considered a commercially minable coal resource.

(c) An affidavit referred to in subsection (a) may be made before applying for permits for the actual mining of the commercially minable coal resource. The division shall:

(1) subject to subsection (e), keep the affidavit and map confidential; and

(2) use the affidavit and map solely for determining if a commercially minable coal resource is present in an area for which a permit application has been filed under IC 14-37.

(d) The division shall determine if the proposed well location is in an area underlain by coal identified in subsection (a) upon receipt of:

(1) a permit application referred to in subsection (c)(2); or

(2) an inquiry from a person interested in oil and gas explorations or drilling a well for oil and gas purposes.

(e) The name of the person who filed the map referred to in subsection (c) is not confidential.

As added by P.L.140-2011, SEC.10.