Ind. Code ch. 14-12-2

Ind. Code ch. 14-12-2
in effect

Ind. Code § 14-12-2-1 Purpose of program

Sec. 1. (a) The purpose of the President Benjamin Harrison conservation trust program and this chapter is to ensure that Indiana's rich natural heritage is preserved or enhanced for succeeding generations by acquiring real property or an interest in real property that: (1) is an example of outstanding natural features and habitats; (2) has historical and archeological significance; or (3) provides areas for conservation, recreation, and the restoration of native biological diversity. (b) The President Benjamin Harrison conservation trust program, on behalf of the state or in collaboration with partners and local communities across Indiana, shall acquire real property for new and existing state and local parks, archeological and historic sites, state forests, state and local nature preserves, state fish and wildlife areas, wetlands, local conservation areas, trails, and river corridors. [Pre-1995 Recodification Citation: 14-3-20-1.] As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.5.

Ind. Code § 14-12-2-2 "Fund"

Sec. 2. As used in this chapter, "fund" refers to the President Benjamin Harrison conservation trust fund established by section 25 of this chapter. [Pre-1995 Recodification Citation: 14-3-20-5.] As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.6.

Ind. Code § 14-12-2-3 "Person"

Sec. 3. As used in this chapter, "person" means an individual, a partnership, an association, a limited liability company, a corporation, an estate, a trust, or a governmental entity. [Pre-1995 Recodification Citation: 14-3-20-7.] As added by P.L.1-1995, SEC.5.

Ind. Code § 14-12-2-4 "Project"

Sec. 4. As used in this chapter, "project" means an undertaking that: (1) furthers the purposes of this chapter; (2) involves the acquisition of property for new and existing state and local parks, state historic or archeological sites, state forests, state and local nature preserves, fish and wildlife areas, wetlands, local conservation areas, trails, or river corridors; and (3) is eligible to receive an expenditure from the fund. [Pre-1995 Recodification Citation: 14-3-20-8.] As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.7.

Ind. Code § 14-12-2-5 "Project commission"

Sec. 5. As used in this chapter, "project commission" refers to the President Benjamin Harrison conservation trust project commission established by this chapter. [Pre-1995 Recodification Citation: 14-3-20-9.] As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.8; P.L.42-2024, SEC.105.

Ind. Code § 14-12-2-6 "Property"

Sec. 6. As used in this chapter, "property" means an interest in real property. The term includes the following: (1) Ownership in fee simple. (2) Conservation easements. (3) Leaseholds. (4) Management rights. [Pre-1995 Recodification Citation: 14-3-20-10.] As added by P.L.1-1995, SEC.5.

Ind. Code § 14-12-2-7 Repealed

[Pre-1995 Recodification Citation: 14-3-20-11.] As added by P.L.1-1995, SEC.5. Repealed by P.L.172-2016, SEC.9.

Ind. Code § 14-12-2-8 Repealed

[Pre-1995 Recodification Citations: 14-3-20-12(a); 14-3-20-13.] As added by P.L.1-1995, SEC.5. Amended by P.L.181-1995, SEC.1. Repealed by P.L.172-2016, SEC.10.

Ind. Code § 14-12-2-9 Repealed

[Pre-1995 Recodification Citation: 14-3-20-14.] As added by P.L.1-1995, SEC.5. Repealed by P.L.172-2016, SEC.11.

Ind. Code § 14-12-2-10 Repealed

[Pre-1995 Recodification Citation: 14-3-20-15(a).] As added by P.L.1-1995, SEC.5. Repealed by P.L.172-2016, SEC.12.

Ind. Code § 14-12-2-11 Repealed

[Pre-1995 Recodification Citation: 14-3-20-15(b), (c).] As added by P.L.1-1995, SEC.5. Repealed by P.L.172-2016, SEC.13.

Ind. Code § 14-12-2-12 Repealed

[Pre-1995 Recodification Citation: 14-3-20-12(b).] As added by P.L.1-1995, SEC.5. Repealed by P.L.172-2016, SEC.14.

Ind. Code § 14-12-2-13 Repealed

[Pre-1995 Recodification Citation: 14-3-20-12(c).] As added by P.L.1-1995, SEC.5. Repealed by P.L.172-2016, SEC.15.

Ind. Code § 14-12-2-14 Establishment of project commission; membership

Sec. 14. (a) The President Benjamin Harrison conservation trust project commission is established. (b) The project commission consists of the following twenty (20) members: (1) The director of the division of fish and wildlife. (2) The director of the division of forestry. (3) The director of the division of nature preserves. (4) The director of the division of state parks. (5) The chief executive officer of the Indiana state museum and historic sites corporation established by IC 4-37-2-1. (6) The chairperson of the board of directors of the natural resources foundation. (7) Ten (10) individuals appointed by the governor. The governor shall appoint individuals so that all the following are satisfied: (A) The individuals must be residents of Indiana. (B) The individuals must have a demonstrated interest or experience in: (i) conservation of natural resources; or (ii) management of public property. (C) There must be two (2) commission members from each of the following regions of Indiana: (i) Northwest. (ii) Northeast. (iii) Southwest. (iv) Southeast. (v) Central. (8) The following four (4) nonvoting members: (A) One (1) member of the house of representatives appointed by the speaker of the house of representatives. (B) One (1) member of the house of representatives appointed by the minority leader of the house of representatives. (C) One (1) member of the senate appointed by the president pro tempore of the senate. (D) One (1) member of the senate appointed by the minority leader of the senate. (c) The individuals appointed by the governor under subsection (b)(7) must represent one (1) or more of the following: (1) The environmentalist community. (2) The land trust community. (3) Organized hunting and fishing groups. (4) The forest products community. (5) The parks and recreation community. Each group and community listed in subdivisions (1) through (5) must be represented on the project commission. [Pre-1995 Recodification Citations: 14-3-20-16(a); 14-3-20-17(a); 14-3-20-17(b).] As added by P.L.1-1995, SEC.5. Amended by P.L.170-2002, SEC.92; P.L.167-2011, SEC.15; P.L.172-2016, SEC.16; P.L.127-2022, SEC.14; P.L.42-2024, SEC.106.

Ind. Code § 14-12-2-15 Terms; vacancies

Sec. 15. (a) As used in this section, "appointing authority" refers to: (1) the governor in the case of a member appointed under section 14(b)(7) of this chapter; or (2) the speaker of the house of representatives, the minority leader of the house of representatives, the president pro tempore of the senate, or the minority leader of the senate in the case of a member appointed under section 14(b)(8) of this chapter, whichever is applicable. (b) As used in this section, "member" refers to a member of the project commission appointed under section 14(b)(7) through 14(b)(8) of this chapter. (c) The term of a member begins on the later of the following: (1) The day the term of the member who the individual is appointed to succeed expires. (2) The day the individual is appointed by the appointing authority. (d) A member serves at the pleasure of the appointing authority. The term of a member expires as follows: (1) June 30 of an odd-numbered year for a member appointed under section 14(b)(8) of this chapter. (2) June 30, 2025, and each fourth year thereafter for a member appointed under section 14(b)(7)(C)(i), 14(b)(7)(C)(iii), or 14(b)(7)(C)(v) of this chapter. (3) December 31, 2025, and each fourth year thereafter for a member appointed under section 14(b)(7)(C)(ii) or 14(b)(7)(C)(iv) of this chapter. (e) The appointing authority may reappoint a member for a new term. (f) The appointing authority shall appoint an individual to fill a vacancy among the members. An individual appointed to fill a vacancy serves for the unexpired term of the individual's predecessor. [Pre-1995 Recodification Citation: 14-3-20-21.] As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.17; P.L.127-2022, SEC.15; P.L.42-2024, SEC.107; P.L.1-2025, SEC.179.

Ind. Code § 14-12-2-16 Chair and vice chair

Sec. 16. The governor shall appoint the chair and vice chair of the project commission from among the members of the commission. [Pre-1995 Recodification Citation: 14-3-20-18.] As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.18; P.L.42-2024, SEC.108.

Ind. Code § 14-12-2-17 Meetings; staff support

Sec. 17. (a) The project commission shall meet at least quarterly and at the call of the chair. (b) The project commission may convene a meeting at any location in Indiana. (c) The project commission shall plan and conduct meetings in a manner that promotes broad public participation and ensures that the views of the members of the public attending the meetings may be fairly presented. (d) The department of natural resources shall provide staff support to the project commission. [Pre-1995 Recodification Citation: 14-3-20-19.] As added by P.L.1-1995, SEC.5. Amended by P.L.42-2024, SEC.109; P.L.1-2025, SEC.180.

Ind. Code § 14-12-2-18 Quorum; official action; attendance of designated representatives

Sec. 18. (a) Eight (8) members of the project commission constitute a quorum. (b) The affirmative vote of a majority of the voting members of the project commission present and voting is necessary for the project commission to take any action. (c) A member of the project commission described in section 14(b)(1) through 14(b)(5) of this chapter may designate in writing a representative from the respective division to serve as a member of the project commission when the member of the project commission is unable to attend a meeting. [Pre-1995 Recodification Citation: 14-3-20-20.] As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.19; P.L.127-2022, SEC.16; P.L.42-2024, SEC.110.

Ind. Code § 14-12-2-19 Purposes of the project commission

Sec. 19. The purpose of the project commission is to do the following: (1) Provide technical review of proposed projects under this chapter. (2) Determine whether a proposed project under this chapter should be approved. (3) Develop and periodically review guidelines for the review process. (4) Perform other duties imposed upon the project commission by this chapter. [Pre-1995 Recodification Citation: 14-3-20-16(b).] As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.20; P.L.42-2024, SEC.111.

Ind. Code § 14-12-2-20 Reimbursement of member expenses

Sec. 20. (a) As used in this section, "member" refers to a member of the project commission. (b) Each member who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for mileage, 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. (c) Each member 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. (d) Each member who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency. (e) Expenses paid under subsections (b) and (c) shall be paid from appropriations made to the department of natural resources. [Pre-1995 Recodification Citation: 14-3-20-22.] As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.21; P.L.42-2024, SEC.112.

Ind. Code § 14-12-2-21 Procedure for acquisition of property

Sec. 21. (a) The following procedure must be followed before money from the fund may be used to acquire property for a project under this chapter: (1) The project commission must review and approve a project requiring the acquisition of the property. (2) The project commission must recommend the project to the governor for approval. (3) The governor must approve the project as recommended by the project commission and inform the director of the department of the governor's approval. (b) When the procedure under subsection (a) is completed, the department shall acquire the property subject to the project according to Indiana law. [Pre-1995 Recodification Citation: 14-3-20-23.] As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.22; P.L.42-2024, SEC.113.

Ind. Code § 14-12-2-22 Management of property

Sec. 22. Property acquired by the state under this chapter may be managed by any of the following: (1) The department. (2) A person with whom the department enters into a management agreement under rules adopted under section 34 of this chapter. [Pre-1995 Recodification Citation: 14-3-20-24.] As added by P.L.1-1995, SEC.5.

Ind. Code § 14-12-2-23 Eminent domain precluded

Sec. 23. Eminent domain may not be used to acquire property under this chapter. [Pre-1995 Recodification Citation: 14-3-20-25.] As added by P.L.1-1995, SEC.5.

Ind. Code § 14-12-2-24 Strategic plan

Sec. 24. The project commission shall, with the assistance of the department, adopt and make available to the public a strategic plan to implement the purposes of this chapter. [Pre-1995 Recodification Citation: 14-3-20-26.] As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.23; P.L.42-2024, SEC.114.

Ind. Code § 14-12-2-25 Fund; establishment

Sec. 25. (a) The President Benjamin Harrison conservation trust fund is established for the purpose of purchasing property as provided in this chapter. (b) The fund consists of the following: (1) Appropriations made by the general assembly. (2) Interest as provided in subsection (e). (3) Fees from environmental license plates issued under IC 9-18-29 (before its expiration) or IC 9-18.5-13. (4) Money donated to the fund. (5) Money transferred to the fund from other funds. (c) The department shall administer the fund. The director must approve any purchase of property using money from the fund. (d) The expenses of administering the fund and this chapter shall be paid from the fund. (e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public trust funds are invested. Interest that accrues from these investments shall be deposited in the fund. (f) An appropriation made by the general assembly to the fund shall be allotted and allocated at the beginning of the fiscal period for which the appropriation was made. (g) Money in the fund at the end of a state fiscal year does not revert to the state general fund or any other fund. (h) Subject to this chapter, there is annually appropriated to the department all money in the fund for the purposes of this chapter. [Pre-1995 Recodification Citation: 14-3-20-27.] As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.24; P.L.198-2016, SEC.637.

Ind. Code § 14-12-2-26 Fund; accounts

Sec. 26. (a) The following accounts are established within the fund: (1) The state parks account. Money in this account may be used only to purchase property for state park, historic site, or archeological site purposes. (2) The state forests account. Money in this account may be used only to purchase property for state forest purposes. (3) The nature preserves account. Money in this account may be used only to purchase property for nature preserve purposes. (4) The fish and wildlife account. Money in this account may be used only to purchase property for fish or wildlife management purposes. (5) The outdoor recreation and trails account. Money in this account may be used only to purchase property for outdoor recreation purposes. (6) The stewardship account. Money in this account may be used only for the following purposes: (A) Maintenance of property acquired under this chapter. (B) Costs of removal of structures, debris, and other property that is unsuitable for the intended use of the property to be acquired. (C) Costs of site preparation related to any of the following: (i) The public use of the property, such as fences, rest rooms, public ways, trails, and signs. (ii) Protecting or preserving the property's natural environment. (iii) Returning the property to the property's natural state. (D) Not more than ten percent (10%) of the money in the account for the promotion of the purposes of the President Benjamin Harrison conservation trust program. (E) To monitor conservation easements acquired under this chapter. (7) The discretionary account. Subject to section 31.5 of this chapter, money in this account may be used for any purpose for which the accounts listed in subdivisions (1) through (6) may be used. (b) Money in the accounts of the trust fund may be used as described in subsection (a) and section 31.5 of this chapter for a state or local project approved by the project commission. [Pre-1995 Recodification Citation: 14-3-20-28.] As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.25; P.L.42-2024, SEC.115.

Ind. Code § 14-12-2-27 Fund allocations to stewardship account

Sec. 27. Nine percent (9%) of the money appropriated to the fund must be allotted to the stewardship account established by section 26(a)(6) of this chapter. [Pre-1995 Recodification Citation: 14-3-20-29.] As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.26.

Ind. Code § 14-12-2-28 Fund; other allotments

Sec. 28. After the allotment required under section 27 of this chapter has been made, the following allotments shall be made: (1) Ten percent (10%) of the balance shall be allotted to each account listed in section 26(a)(1) through 26(a)(5) of this chapter. (2) Fifty percent (50%) of the balance shall be allotted to the account listed in section 26(a)(7) of this chapter. [Pre-1995 Recodification Citation: 14-3-20-30.] As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.27.

Ind. Code § 14-12-2-29 Fund; balance in accounts not reverting to fund

Sec. 29. The balance in an account listed in section 26 of this chapter on June 30 of a year does not revert to the fund on the following July 1. [Pre-1995 Recodification Citation: 14-3-20-31.] As added by P.L.1-1995, SEC.5.

Ind. Code § 14-12-2-30 Fund; use of money in accounts

Sec. 30. (a) Money in the accounts of the fund, other than the stewardship account, may be used for the following: (1) Acquisition costs, such as costs of surveying, title insurance, and other activities associated with the transfer of title to property. (2) Costs of services and expenses related to acquisition, such as engineering, appraisal, environmental, accounting, project development, and legal services and expenses. (b) Money in the fund may not be used for the following: (1) The costs of construction of structures other than those authorized under section 26(a)(6) of this chapter. (2) The costs of removal (as defined in IC 13-11-2-187) and remedial action (as defined in IC 13-11-2-185) relating to hazardous substances (as defined in IC 13-11-2-98). (3) The costs of wastewater treatment. [Pre-1995 Recodification Citation: 14-3-20-32.] As added by P.L.1-1995, SEC.5. Amended by P.L.1-1996, SEC.62; P.L.172-2016, SEC.28.

Ind. Code § 14-12-2-31 Repealed

[Pre-1995 Recodification Citation: 14-3-20-33.] As added by P.L.1-1995, SEC.5. Repealed by P.L.172-2016, SEC.29.

Ind. Code § 14-12-2-31.5 Use of discretionary account to acquire property

Sec. 31.5. (a) Money from the discretionary account may not be used to acquire property for an approved project unless the approved project receives endorsement and participation from: (1) a department division associated with the accounts listed in section 26(a)(1) through 26(a)(5) of this chapter; and (2) nonstate sources or the foundation. (b) Expenditures from the discretionary account may not exceed one-half (1/2) of the value of a property acquired under this chapter unless: (1) the approved project advances multiple conservation objectives; and (2) at least two (2) of the department divisions associated with the accounts listed in section 26(a)(1) through 26(a)(5) of this chapter have endorsed and are participating in the approved project. (c) If an approved project satisfies the requirements of subsection (b)(1) and (b)(2), the applicant may request that up to two-thirds (2/3) of the value of the acquired property be paid from the discretionary account. As added by P.L.172-2016, SEC.30.

Ind. Code § 14-12-2-32 Fund; coordination of expenditures

Sec. 32. Expenditures from the fund shall be coordinated with expenditures by the foundation from the Indiana natural resources fund established by IC 14-12-1-11. [Pre-1995 Recodification Citation: 14-3-20-34.] As added by P.L.1-1995, SEC.5.

Ind. Code § 14-12-2-33 Annual report

Sec. 33. Before October 1 of each year, the project commission shall prepare a report concerning the program established by this chapter for the public and the general assembly. A report prepared for the general assembly must be in an electronic format under IC 5-14-6. [Pre-1995 Recodification Citation: 14-3-20-35.] As added by P.L.1-1995, SEC.5. Amended by P.L.28-2004, SEC.126; P.L.172-2016, SEC.31; P.L.42-2024, SEC.116.

Ind. Code § 14-12-2-34 Adoption of rules

Sec. 34. The commission may adopt rules under IC 4-22-2 to implement this chapter. [Pre-1995 Recodification Citation: 14-3-20-36.] As added by P.L.1-1995, SEC.5.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/14Fetched: 10/17/2026