Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 35. (a) "Cumulative measurement period" means, for purposes of 312 IAC 25-2, the period of time over which both cumulative production and cumulative revenue are measured.

(b) For purposes of determining the beginning of the cumulative measurement period, subject to approval by the director, the operator must select and consistently use one (1) of the following:

1. (1) For mining areas where coal or other minerals were extracted prior to August 3, 1977, the date extraction of coal or other minerals commenced at that mining area or August 3, 1977.
2. (2) For mining areas where extraction of coal or other minerals commenced on or after August 3, 1977, the date extraction of coal or other minerals commenced at that mining area, whichever is earlier.

(c) For annual reporting purposes under 312 IAC 25-2-12, the end of the period for which cumulative production and revenue is calculated is either for mining areas where:

1. (1) coal or other minerals were extracted before the effective date of this section, the last day of the preceding month, and each anniversary of that date thereafter; or
2. (2) extraction of coal or other minerals commenced on or after the effective date of this section, the last day of the calendar quarter during which coal extraction commenced, and each anniversary of that day thereafter.

(Natural Resources Commission; 312 IAC 25-1-35; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3407, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA; readopted filed Mar 26, 2019, 3:40 p.m.: 20190424-IR-312190011RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)