CHAPTER 1. DIVISION OF HISTORIC PRESERVATION AND ARCHEOLOGY
IC 14-21
ARTICLE 21. HISTORIC PRESERVATION AND
ARCHEOLOGY
IC 14-21-1
Chapter 1. Division of Historic Preservation and Archeology
IC 14-21-1-1
Applicability of chapter
Sec. 1. This chapter does not apply to the human remains of
individuals who die after December 31, 1939.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-2
"Artifact" defined
Sec. 2. As used in this chapter, "artifact" means:
(1) a feature that is:
(A) nonportable evidence of past human behavior or activity;
(B) found on or in the ground, including structural remains;
and
(C) formed before December 31, 1870; or
(2) an object made, modified, or used before December 31,
1870.
As added by P.L.1-1995, SEC.14. Amended by P.L.26-2008, SEC.2.
IC 14-21-1-3
"Burial ground" defined
Sec. 3. (a) As used in this chapter, "burial ground" means ground
in which human remains are buried, including the surrounding area
that is either:
(1) marked by a permanent visible boundary, including a fence
or wall; or
(2) if there is not a permanent visible boundary, determined by
the department based on records or surveys of the land
containing the historic or prehistoric site in which human
remains, mounds, or burial objects are reported to occur.
(b) The term includes the following:
(1) The land associated with or incidental to the burial of
human remains.
(2) Subject to section 1 of this chapter, historic cemeteries or
land with human remains buried before January 1, 1940.
As added by P.L.1-1995, SEC.14. Amended by P.L.26-2008, SEC.3.
IC 14-21-1-4
"Burial object" defined
Sec. 4. As used in this chapter, "burial object" means any item
intentionally placed in a burial ground at or near the time of burial.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-5
"Council" defined
Sec. 5. As used in this chapter, "council" refers to the advisory
council established by IC 14-9-6-1.
As added by P.L.1-1995, SEC.14. Amended by P.L.95-2006, SEC.8.
IC 14-21-1-6
Repealed
(Repealed by P.L.85-2008, SEC.6.)
IC 14-21-1-7
"Human remains" defined
Sec. 7. As used in this chapter, "human remains" means any part
of the body of a human being in any:
(1) stage of decomposition; or
(2) state of preservation.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-8
"Plan", "archeological plan", and "development plan" defined
Sec. 8. (a) As used in this chapter, "plan" refers to:
(1) an archeological plan, as described in subsection (b); or
(2) a development plan, as described in subsection (c).
(b) As used in this chapter, "archeological plan" means a plan for
the systematic recovery, analysis, and disposition by scientific
methods of material evidence and information about the life and
culture in past ages.
(c) As used in this chapter, "development plan" means:
(1) a plan for the erection, alteration, or repair of any structure;
or
(2) a plan for the excavation or the covering of any ground
related to construction.
As added by P.L.1-1995, SEC.14. Amended by P.L.46-2000, SEC.7;
P.L.26-2008, SEC.4.
IC 14-21-1-9
"Register" defined
Sec. 9. As used in this chapter, "register" refers to the register of
Indiana historic sites and historic structures established under this
chapter.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-10
"Review board" defined
Sec. 10. As used in this chapter, "review board" refers to the
historic preservation review board established by this chapter.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-10.4
"State college or university project" defined
Sec. 10.4. As used in this chapter, "state college or university
project" means a project of a state college or university that involves
the construction, renovation, or demolition of one (1) or more
buildings.
As added by P.L.135-1996, SEC.2.
IC 14-21-1-11
Administration and development of programs and policies
Sec. 11. The division of historic preservation and archeology shall
administer and develop the programs and policies established by this
chapter.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-12
Duties of division
Sec. 12. The division shall do the following:
(1) Develop a program of historical, architectural, and
archeological research and development, including continuing
surveys, excavations, scientific recording, interpretation, and
publication of the state's historical, architectural, and
archeological resources.
(2) Prepare a preservation plan for the state that establishes
planning guidelines to encourage the continuous maintenance
and integrity of historic sites and historic structures. However,
the plan is not effective until the plan has been:
(A) presented to the council for review and comment; and
(B) approved by the review board after public hearing.
(3) Undertake the action necessary to qualify the state for
participation in sources of federal aid to further the purposes
stated in subdivisions (1) and (2).
(4) Provide information on historic sites and structures within
Indiana to federal, state, and local governmental agencies,
private individuals, and organizations.
(5) Advise and coordinate the activities of local historical
associations, historic district commissions, historic
commissions, and other interested groups or persons.
(6) Provide technical and financial assistance to local historical
associations, historic district commissions, historic
commissions, and other interested groups or persons.
(7) Review environmental impact statements as required by
federal and state law for actions significantly affecting historic
properties.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-13
Powers of division
Sec. 13. The division may do the following:
(1) Recommend the purchase, lease, or gift of historic property
of archeological importance and make recommendations to the
director, council, and commission regarding policies affecting
the operation and administration of these sites and structures by
the section of historic sites of the division of state museums and
historic sites.
(2) Prepare and review planning and research studies relating to
archeology.
(3) Conduct a program of education in archeology, either within
the division or in conjunction with a postsecondary educational
institution.
(4) Inspect and supervise an archeological field investigation
authorized by this chapter.
As added by P.L.1-1995, SEC.14. Amended by P.L.2-2007, SEC.169.
IC 14-21-1-13.5
Survey and registry of Indiana burial grounds
Sec. 13.5. (a) The division may conduct a program to survey and
register in a registry of Indiana cemeteries and burial grounds that the
division establishes and maintains all cemeteries and burial grounds
in each county in Indiana. The division may conduct the program
alone or by entering into an agreement with one (1) or more of the
following entities:
(1) The Indiana Historical Society established under IC 23-6-3.
(2) A historical society (as defined in IC 36-10-13-3).
(3) The Historic Landmarks Foundation of Indiana.
(4) A professional archeologist or historian associated with a
postsecondary educational institution.
(5) A township trustee.
(6) Any other entity that the division selects.
(b) In conducting a program under subsection (a), the division
may receive gifts and grants under terms, obligations, and liabilities
that the director considers appropriate. The director shall use a gift
or grant received under this subsection:
(1) to carry out subsection (a); and
(2) according to the terms of the gift or grant.
(c) At the request of the director, the auditor of state shall
establish a trust fund for purposes of holding money received under
subsection (b).
(d) The director shall administer a trust fund established by
subsection (c). The expenses of administering the trust fund shall be
paid from money in the trust fund.
(e) The treasurer of state shall invest the money in the trust fund
established by subsection (c) that is not currently needed to meet the
obligations of the trust fund in the same manner as other public trust
funds may be invested. The treasurer of state shall deposit in the trust
fund the interest that accrues from the investment of the trust fund.
(f) Money in the trust fund at the end of a state fiscal year does
not revert to the state general fund.
(g) Nothing in this section may be construed to authorize violation
of the confidentiality of information requirements of 16 U.S.C.
470w-3 and 16 U.S.C. 470hh.
(h) The division may record in each county recorder's office the
location of each cemetery and burial ground located in that county.
As added by P.L.46-2000, SEC.8. Amended by P.L.177-2001, SEC.2;
P.L.1-2005, SEC.143; P.L.1-2007, SEC.128; P.L.2-2007, SEC.170;
P.L.3-2008, SEC.101.
IC 14-21-1-14
Duties upon proposed transfers of property by the state
Sec. 14. (a) This section does not apply to real property that is
owned by a state educational institution.
(b) The Indiana department of administration shall notify the
division of a proposed transfer of real property owned by the state at
the earliest planning stage and no later than ninety (90) days before
the date of the proposed transfer.
(c) The division shall inspect the property and notify the Indiana
department of administration of the location of each historic site or
historic structure on the property.
(d) Real property owned by the state may not be sold or
transferred until the division has stated in writing that the property
does not, to the best of the division's knowledge, contain a historic
site or historic structure.
(e) If the Indiana department of administration receives notice of
a historic site or historic structure on the property, the Indiana
department of administration shall reserve control of the appropriate
historic property by means of a covenant or an easement contained
in the transferring instrument.
(f) The division of state museums and historic sites shall
administer property reserved under subsection (e).
As added by P.L.1-1995, SEC.14. Amended by P.L.135-1996, SEC.3;
P.L.2-2007, SEC.171.
IC 14-21-1-15
Duties regarding registers and federal preservation grants
Sec. 15. The division shall do the following:
(1) Undertake a statewide survey to identify and document
historic sites and historic structures.
(2) Prepare and maintain a register of Indiana historic sites and
historic structures and establish criteria for the listing of historic
sites and historic structures on the register.
(3) Maintain the Indiana part of the National Register of
Historic Places under 16 U.S.C. 470 et seq.
(4) Administer the federal preservation grants program under 16
U.S.C. 470 et seq.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-16
Field investigations or alteration of historic property without
permit
Sec. 16. Except as provided in section 18 and sections 25 through
27 of this chapter, a person who knowingly, without a permit,
conducts a field investigation or alters historic property within the
boundaries of property owned or leased by the state commits a Class
A misdemeanor.
As added by P.L.1-1995, SEC.14. Amended by P.L.54-1997, SEC.7.
IC 14-21-1-17
Additions to or removals from register
Sec. 17. (a) Any person may nominate a site or structure for
addition to or removal from the register. Upon approval of the
nomination by the division, all affected persons shall be notified.
(b) If an objection to the action is not filed with the division
within thirty (30) days after the notification date, the nomination is
automatically approved.
(c) If an objection is received within thirty (30) days, a designated
member of the review board shall hold a hearing and make a
determination. The review board shall make the final decision
regarding a nomination, subject to administrative review by the
commission under IC 4-21.5.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-18
Alteration of historic sites or structures; certificate of approval;
exceptions; survey of historic sites and structures; reports
Sec. 18. (a) A:
(1) historic site or historic structure owned by the state; or
(2) historic site or historic structure listed on the state or
national register;
may not be altered, demolished, or removed by a project funded, in
whole or in part, by the state unless the review board has granted a
certificate of approval.
(b) An application for a certificate of approval:
(1) must be filed with the division; and
(2) shall be granted or rejected by the review board after a
public hearing.
(c) Subsections (a) and (b) do not apply to real property that is
owned by a state educational institution.
(d) The commission for higher education and each state
educational institution, in cooperation with the division of historic
preservation and archeology, shall develop and continually maintain
a survey of historic sites and historic structures owned by the state
educational institution. Historic sites and historic structures include
buildings, structures, outdoor sculpture, designed landscapes,
gardens, archeological sites, cemeteries, campus plans, and historic
districts. A survey developed under this subsection must conform
with the Indiana Historic Sites and Structures Survey Manual.
(e) The state historic preservation officer no later than one (1)
year after receipt of a ten (10) year capital plan under
IC 14-21-1-18.5 shall:
(1) review a proposed state educational institution project that
involves a historic site or historic structure owned by a state
educational institution; and
(2) submit an advisory report to the commission for higher
education, the state educational institution, and the general
assembly. An advisory report submitted under this subdivision
to the general assembly must be in an electronic format under
IC 5-14-6.
(f) Not more than thirty (30) days after a state educational
institution, under section 18.6 of this chapter, submits to the division
a description of a proposed project that involves the substantial
alteration, demolition, or removal of a historic site or historic
structure, the state historic preservation officer shall:
(1) review the description of the proposed project; and
(2) submit to the state educational institution an advisory report
concerning the proposed project.
The state educational institution shall review and consider the
advisory report before proceeding with the substantial alteration,
demolition, or removal of a historic site or historic structure.
As added by P.L.1-1995, SEC.14. Amended by P.L.135-1996, SEC.4;
P.L.54-1997, SEC.8; P.L.28-2004, SEC.130; P.L.2-2007, SEC.172.
IC 14-21-1-18.5
State college or university to submit copy of capital plan regarding
alteration or demolition of historic sites or structures
Sec. 18.5. When submitting its biennial budget request, a state
educational institution must:
(1) submit to the division of historic preservation and
archeology of the department of natural resources a copy of any
ten (10) year capital plan of the state educational institution that
is required by the budget agency or the commission for higher
education; and
(2) identify the projects included in the capital plan that may
involve the alteration or demolition of historic sites or
structures.
As added by P.L.135-1996, SEC.5. Amended by P.L.2-2007,
SEC.173.
IC 14-21-1-18.6
Alteration of historic sites or structures not identified in capital
plan; submission of description; publication of notice
Sec. 18.6. (a) As used in this section, "substantial alteration"
means a conspicuous, exterior material change in a historic site or
historic structure which, in the good faith judgment of a state college
or university, affects the historic character of the historic site or
historic structure.
(b) If a proposed project of a state educational institution:
(1) involves the substantial alteration, demolition, or removal of
a historic site or historic structure; and
(2) is not identified in a capital plan submitted to the division
under section 18.5 of this chapter;
the state educational institution shall submit a description of the
proposed project to the division and publish a notice describing the
project one (1) time in a newspaper of general circulation in the
county in which the proposed project is located. The submission of
the description and the publication of the notice must be at least
thirty (30) days before the commencement of the proposed project.
As added by P.L.54-1997, SEC.9. Amended by P.L.2-2007, SEC.174.
IC 14-21-1-19
Director as state historic preservation officer
Sec. 19. The director is designated as the state historic
preservation officer.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-20
Review board; establishment; members
Sec. 20. (a) The historic preservation review board is established.
(b) The review board consists of nine (9) members as follows:
(1) The director.
(2) At least five (5) individuals meeting minimum professional
requirements established by the United States Department of
the Interior in 36 CFR, Part 61, as in effect on January 1, 1984.
(3) Professionals in the following disciplines:
(A) History.
(B) Prehistoric or historic archeology.
(C) Architecture or historical architecture.
(c) The division director is a nonvoting advisor to the review
board entitled to attend and participate in the proceedings of all
meetings of the review board.
(d) The director shall, with the concurrence of the governor,
appoint the members of the review board under subsection (b)(2) and
(b)(3) for terms of three (3) years. The terms shall be staggered so
that the terms of two (2) or three (3) members expire each year. A
member may be reappointed.
(e) Appointments to the review board shall be made in accordance
with 36 CFR, Part 60, and 36 CFR, Part 61, as in effect on January
1, 1984.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-21
Review board; chairman
Sec. 21. The director is chairman of the review board. The review
board may select other officers that the review board determines.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-22
Review board; duties
Sec. 22. (a) The review board shall carry out the duties:
(1) required by this chapter; and
(2) as required under 16 U.S.C. 470 et seq. and the regulations
relating to 16 U.S.C. 470 et seq.
(b) The review board shall also advise the division and the
department as requested by the director.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-23
Review board; per diem compensation and traveling expenses
Sec. 23. (a) Each member of the review board who is not a state
employee is entitled to the minimum salary per diem as provided in
IC 4-10-11-2.1(b) for each day that the member is engaged in the
official business of the committee. The member is also entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(b) Each member of the review board who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-24
Applicability of statutes regarding disturbance of grounds
Sec. 24. (a) As used in this section, "agricultural purpose"
includes farming, dairying, pasturage, agriculture, horticulture,
floriculture, viticulture, ornamental horticulture, olericulture,
pomiculture, animal husbandry, and poultry husbandry.
(b) Sections 25, 26, 28, and 29 of this chapter do not apply to the
following:
(1) Surface coal mining regulated under IC 14-34.
(2) Cemeteries and human remains subject to IC 23-14.
(3) Disturbing the earth for an agricultural purpose.
(4) Collecting any object other than human remains that is
visible in whole or in part on the surface of the ground,
regardless of the time the object was made or shaped.
(5) Qualified professional archeologists, as determined by the
department, who conduct phase 1a archeological surveys
according to guidelines adopted by the department.
As added by P.L.1-1995, SEC.14. Amended by P.L.26-2008, SEC.5.
IC 14-21-1-25
Rules concerning standards for plans; action on submitted plans
Sec. 25. (a) The commission shall adopt rules establishing
standards for plans.
(b) With respect to archeological plans, the rules must impose a
standard of conduct that does the following:
(1) Promotes the scientific investigation and conservation of
past cultures.
(2) Considers the interests and expertise of amateur
archeologists and professional archeologists.
(c) With respect to development plans, the rules must impose a
standard of conduct that preserves and protects both of the following:
(1) The rights and interests of landowners.
(2) The sensitivity of human beings for treating human remains
with respect and dignity, as determined by the commission.
(d) Subject to subsection (e), plans required under this chapter
must be submitted to the department for approval according to rules
adopted by the commission.
(e) Proposed plans submitted to the department must be:
(1) approved;
(2) denied; or
(3) held because of the need for additional information;
by the department not more than sixty (60) days after the date of
submission. If the department does not take any action on the plan
within the time required by this subsection, the plan is considered to
be approved, unless approval is prohibited under a state or federal
law. If the department requests additional information under
subdivision (3), the department shall approve or deny the resubmitted
plan not more than thirty (30) days after the resubmitted plan is
received.
As added by P.L.1-1995, SEC.14. Amended by P.L.46-2000, SEC.9;
P.L.26-2008, SEC.6.
IC 14-21-1-25.5
Notice of discovered burial ground; recommendations
Sec. 25.5. (a) If a Native American Indian burial ground is
discovered, the department shall immediately provide notice to the
Native American Indian affairs commission established by
IC 4-4-31.4.
(b) If Native American Indian human remains are removed from
a burial ground, the department shall provide the following to the
Native American Indian affairs commission:
(1) Any written findings or reports that result from the analysis
and study of the human remains.
(2) Written notice to the Native American Indian affairs
commission that the analysis and study of the human remains
are complete.
(c) After receiving written notice under subsection (b)(2), the
Native American Indian affairs commission shall make
recommendations to the department regarding the final disposition
of the Native American Indian human remains.
As added by P.L.283-2003, SEC.2.
IC 14-21-1-26
Disturbing ground to discover artifacts, burial objects, or human
remains; penalty
Sec. 26. (a) A person who disturbs the ground for the purpose of
discovering, uncovering, or moving artifacts, burial objects, or
human remains must do so in accordance with a plan approved by the
department under section 25 of this chapter or under IC 14-3-3.4-14
(before its repeal).
(b) A person who recklessly, knowingly, or intentionally violates
this section commits the following:
(1) A Class A misdemeanor, if the violation does not involve
disturbing human remains.
(2) A Class D felony, if the violation involves disturbing human
remains.
As added by P.L.1-1995, SEC.14. Amended by P.L.26-2008, SEC.7.
IC 14-21-1-26.5
Development plan requirements; penalty
Sec. 26.5. (a) Notwithstanding IC 23-14-44-1, this section does
not apply to the following:
(1) A public utility (as defined in IC 8-1-2-1(a)).
(2) A corporation organized under IC 8-1-13.
(3) A municipally owned utility (as defined in IC 8-1-2-1(h)).
(4) A surface coal mining and reclamation operation permitted
under IC 14-34.
(b) Except as provided in this subsection and subsections (c) and
(d), a person may not disturb the ground within one hundred (100)
feet of a burial ground for the purpose of excavating or covering over
the ground or erecting, altering, or repairing any structure without
having a development plan approved by the department under section
25 of this chapter or in violation of a development plan approved by
the department under section 25 of this chapter. The department must
review the development plan as required by section 25(e) of this
chapter.
(c) A development plan:
(1) must be approved if a person intends to:
(A) excavate or cover over the ground; or
(B) construct a new structure or alter or repair an existing
structure;
that would impact the burial ground or cemetery; and
(2) is not required if a person intends to:
(A) excavate or cover over the ground; or
(B) erect, alter, or repair an existing structure;
for an incidental or existing use that would not impact the burial
ground or cemetery.
(d) A development plan for a governmental entity to disturb
ground within one hundred (100) feet of a burial ground must be
approved as follows:
(1) A development plan of a municipality requires approval of
the executive of the municipality and does not require the
approval of the department. However, if the burial ground or
cemetery is located outside the municipality, approval is also
required by the executive of the county where the burial ground
or cemetery is located. A county cemetery commission
established under IC 23-14-67-2 may advise the executive of the
municipality on whether to approve a development plan.
(2) A development plan of a governmental entity other than:
(A) a municipality; or
(B) the state;
requires the approval of the executive of the county where the
governmental entity is located and does not require the approval
of the department. However, if the governmental entity is
located in more than one (1) county, only the approval of the
executive of the county where the burial ground or cemetery is
located is required. A county cemetery commission established
under IC 23-14-67-2 may advise the county executive on
whether to approve a development plan.
(3) A development plan of the state requires the approval of the
department.
(e) If a burial ground is within an archeological site, an
archeological plan is required to be part of the development plan.
(f) A person who recklessly, knowingly, or intentionally violates
this section commits a Class A misdemeanor. However, the offense
is a Class D felony if the person disturbs buried human remains or
grave markers while committing the offense.
As added by P.L.46-2000, SEC.10. Amended by P.L.177-2001,
SEC.3; P.L.26-2008, SEC.8.
IC 14-21-1-27
Duties when buried human remains or burial grounds are
disturbed; penalty
Sec. 27. (a) A person who disturbs buried human remains or
burial grounds shall do the following:
(1) Notify the department within two (2) business days of the
time of the disturbance.
(2) Treat or rebury the human remains in a manner and place
according to rules adopted by the commission or a court order
and permit issued by the state department of health under
IC 23-14-57.
(b) A person who recklessly, knowingly, or intentionally violates
this section commits a Class A misdemeanor.
As added by P.L.1-1995, SEC.14. Amended by P.L.52-1997, SEC.4;
P.L.14-2000, SEC.38; P.L.26-2008, SEC.9.
IC 14-21-1-28
Penalty for disturbing human remains or grave markers
Sec. 28. A person who recklessly, knowingly, or intentionally
disturbs human remains or grave markers while moving, uncovering,
or removing artifacts or burial objects either:
(1) without a plan approved by the department under:
(A) section 25 of this chapter; or
(B) IC 14-3-3.4-14 (before its repeal); or
(2) in violation of such a plan;
commits a Class D felony.
As added by P.L.1-1995, SEC.14. Amended by P.L.26-2008, SEC.10.
IC 14-21-1-29
Duty upon discovering artifacts or burial objects; penalty
Sec. 29. (a) A person who discovers, uncovers, or moves an
artifact or burial object while disturbing the ground for a purpose
other than the discovery, uncovering, or moving of artifacts or burial
objects shall do the following:
(1) Immediately cease disturbing the ground and the area within
one hundred (100) feet of the artifact or burial object.
(2) Notify the department within two (2) business days after the
time of the disturbance.
(b) After notification under subsection (a), the department may do
any of the following:
(1) Authorize the person to continue the ground disturbing
activity, with or without conditions.
(2) Require that continued ground disturbance activity be
conducted only in accordance with an approved plan. However,
this subdivision does not apply after ten (10) business days
from the date that the department receives notice.
(c) A person who violates subsection (a) commits a Class A
infraction.
As added by P.L.1-1995, SEC.14. Amended by P.L.26-2008, SEC.11.
IC 14-21-1-30
Amateur groups encouraged to establish codes of ethics
Sec. 30. The department shall actively encourage all groups of
amateur archeologists to establish and maintain a code of ethics as a
minimum guide for the conduct of searches for evidence from the life
and culture of past ages.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-31
Adoption of rules
Sec. 31. (a) The commission shall adopt rules under IC 4-22-2 to
implement this chapter.
(b) When adopting rules under this chapter the commission shall
consider the following:
(1) The rights and interests of landowners.
(2) The sensitivity of human beings for treating human remains
with respect and dignity.
(3) The value of history and archeology as a guide to human
activity.
(4) The importance of amateur archeologists in making
historical, cultural, and archeological discoveries.
(5) Applicable laws, standards, and guidelines for the conduct
of archeology and codes of ethics for participation in
archeology.
As added by P.L.1-1995, SEC.14.
IC 14-21-1-32
Confidential archeological site information
Sec. 32. (a) Subject to subsections (b) and (c), the division may
keep reports and information concerning the location of historic and
archeological sites confidential if the director of the division
determines that disclosure would likely:
(1) risk harm to the historic or archeological site;
(2) cause a significant invasion of privacy; or
(3) impede the use of a traditional religious site by practitioners.
(b) The division may not disclose to the public reports and
information required to be confidential under federal law.
(c) If the director of the division determines that reports and
information should be confidential under subsection (a), the director
of the department, in consultation with the director of the division,
shall determine who may have access to the confidential reports and
information.
As added by P.L.26-2008, SEC.12.
IC 14-21-1-33
Persons authorized to accompany conservation officers to
determine violations
Sec. 33. An employee of the division or a person authorized by
the department may accompany a conservation officer on public or
private property to determine if there is a violation of this article.
As added by P.L.26-2008, SEC.13.
IC 14-21-1-34
Homeowner assistance program; archeology preservation trust
fund
Sec. 34. (a) The division may conduct a program to assist private
homeowners who have accidentally discovered an artifact, a burial
object, or human remains and who need assistance to comply with an
approved plan to excavate or secure the site from further disturbance.
The division may conduct the program alone or by entering into an
agreement with any entity that the division selects.
(b) In conducting a program under subsection (a), the division
may receive gifts and grants under terms, obligations, and liabilities
that the director of the division considers appropriate. The director
shall use a gift or grant received under this subsection:
(1) to carry out subsection (a); and
(2) according to the terms and obligations of the gift or grant.
(c) The auditor of state shall establish the archeology preservation
trust fund to hold money received under subsection (b).
(d) The director of the division shall administer the archeology
preservation trust fund. The expenses of administering the fund shall
be paid from money in the trust fund.
(e) The treasurer of state shall invest the money in the archeology
preservation trust fund that is not currently needed to meet the
obligations of the fund in the same manner as other public trust funds
may be invested. The treasurer of state shall deposit in the fund the
interest that accrues from the investment of the fund.
(f) Money in the archeology preservation trust fund at the end of
a state fiscal year does not revert to the state general fund. There is
annually appropriated to the division the money in the archeology
preservation trust fund for the division's use in carrying out the
purposes of this section.
(g) The division may adopt rules under IC 4-22-2 to govern the
administration of this section.
As added by P.L.26-2008, SEC.14.
IC 14-21-1-35
Restitution orders
Sec. 35. (a) In addition to:
(1) a:
(A) sentence imposed under this chapter for a felony or
misdemeanor; or
(B) judgment imposed under this chapter for an infraction;
and
(2) an order for restitution to a victim;
a court may order an individual to make restitution to the archeology
preservation trust fund established under section 34 of this chapter
for the division's costs incurred because of the offense committed by
the individual.
(b) In ordering restitution under this section, the court shall
consider the following:
(1) The schedule of costs submitted to the court by the division.
(2) The cost to the property owner to restore or repair the
damaged area of an archeological site or burial ground and
place the property in the property's original condition as nearly
as practicable.
(3) The amount of restitution that the individual is or will be
able to pay.
(c) The court shall immediately forward to the division a copy of
an order for restitution made under this section.
As added by P.L.26-2008, SEC.15.
IC 14-21-1-36
Possession of looted property; penalty
Sec. 36. A person who knowingly or intentionally receives,
retains, or disposes of an artifact, a burial object, or human remains
obtained in violation of this chapter commits possession of looted
property, a Class D felony. However, the offense is a Class C felony
if the fair market cost of carrying out a scientific archeological
investigation of the area that was damaged to obtain the artifact,
burial object, or human remains is at least one hundred thousand
dollars ($100,000).
As added by P.L.26-2008, SEC.16.