CHAPTER 16. ACQUISITION OF FOREST PROPERTY BY THE UNITED STATES
IC 4-20.5-16
Chapter 16. Acquisition of Forest Property by the United States
IC 4-20.5-16-1
Consent to federal acquisition by purchase or gift; limitation
Sec. 1. (a) Subject to the conditions established in this chapter, the
consent of the state is given the United States to acquire, by purchase
or gift, property in Indiana the United States considers necessary to
establish, consolidate, or extend natural forests in Indiana.
(b) The consent given in subsection (a) terminates January 1,
2021.
As added by P.L.7-1993, SEC.7.
IC 4-20.5-16-2
Conditions
Sec. 2. The consent of the state given in section 1 of this chapter
is subject to all the following conditions:
(1) That the United States does not exercise its power of
eminent domain, directly or indirectly, for the acquisition of the
property, except to clear title.
(2) That the United States assumes the duties of a private
landowner in Indiana regarding the owners or persons in legal
possession of property adjoining national forest land in Indiana.
(3) That before January 1, 1981, the federal government defines
national forest purchase boundaries within Indiana establishing
purchase areas that enclose an aggregate of not more than four
hundred thirty thousand (430,000) acres. The governor may
grant a one (1) year extension of the time limitation if in the
governor's judgment it is to the advantage of the people of
Indiana to do so.
(4) That the United States acquires not more than two hundred
forty thousand (240,000) acres for national forest land in
Indiana.
(5) That the United States acquires by purchase not more than
twenty-five percent (25%) of the area of any county.
(6) That the United States does not use any portion of the
property within the national forest for the disposition, storage,
or handling of nuclear or nonnuclear hazardous waste, including
any of the following:
(A) Nuclear material.
(B) Radioactive material.
(C) Radioactive remains of a nuclear facility.
As added by P.L.7-1993, SEC.7.
IC 4-20.5-16-3
Termination of consent
Sec. 3. If the United States fails to conform to any of the
conditions provided in section 2 of this chapter, the consent of the
state given in section 1 of this chapter is immediately terminated by
operation of law.
As added by P.L.7-1993, SEC.7.
IC 4-20.5-16-4
Concurrent jurisdiction regarding civil and criminal process
Sec. 4. The state retains concurrent jurisdiction with the United
States in and over property acquired by the United States under this
chapter, so far that civil process in all cases and such criminal
process as may issue under the authority of the state against a person
charged with the commission of an offense may be executed on the
property.
As added by P.L.7-1993, SEC.7.