Authority: IC 14-10-2-4; IC 14-37-3

Affected: IC 14-34; IC 14-37

Sec. 28. (a) "Commercially minable coal resource" means a seam of coal that:

1. (1) can be mined using generally accepted underground practices and suitable equipment; and
2. (2) consists of coal in sufficient quantities and of sufficient quality to be commercially saleable.

(b) The term includes a seam of coal to which one (1) or more of the following apply:

1. (1) The seam is:

   1. (A) associated with an underground mine permitted under IC 14-34; and
   2. (B) specifically intended to be mined under the permit.

2. (2) The seam is associated with an inactive underground mining operation at which mining operations:

   1. (A) have temporarily ceased; and
   2. (B) are anticipated to be resumed by the person with the right to develop the seam.

3. (3) The seam is identified as a commercially minable coal resource by the coal owner or coal lessee of the seam by a map accompanied by an affidavit that:

   1. (A) is filed with the division of reclamation; and
   2. (B) states that the coal in the seam is being held for later commercial production.

4. (4) The seam is:

   1. (A) at least thirty-six (36) inches thick; and
   2. (B) located not more than eight hundred (800) feet below the surface.

(Natural Resources Commission; 312 IAC 29-2-28; filed Dec 1, 2017, 10:35 a.m.: 20171227-IR-312160230FRA; readopted filed Jan 17, 2023, 1:53 p.m.: 20230215-IR-312220328RFA; errata filed Mar 18, 2026, 9:59 a.m.: 20260325-IR-312260094ACA)