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.

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Terms Used In Indiana Code 4-20.5-16-2

  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(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.