Official Government Website

Minerals: Rulemaking for IDAPA 20.03.02

Docket 20-0302-2001

Rules Governing Mined Land Reclamation

Status of Rulemaking

IDL has submitted a final draft negotiated rule to be formatted for publication as a proposed rule.

The proposed rule will be published in the Idaho Administrative Bulletin on September 16, 2020 under docket 20-0000-2000F (omnibus proposed fee rule). 

Public Comment Opportunities

Public comment period on proposed rule: Sept. 16 – Oct. 7, 2020

IDL encourages public participation by either attending the scheduled public hearing or providing written comments to IDL during the open comment period. Written and oral comments are given the same consideration.

Public Hearing

Wednesday, September 30, 2020
9:00 a.m. to 10:30 a.m. MT

Agenda

The first hour of the hearing will be dedicated to public comment on the proposed rule for IDAPA 20.03.02, Rules Governing Mined Land Reclamation (9:00 a.m. to 10:00 a.m. MT).

The remainder of the hearing will be dedicated to public comment on any proposed fee rule under IDAPA 20, Rules of the Idaho Department of Lands (10:00 a.m. to 10:30 a.m. MT). See web page for docket 20-0000-2000F: omnibus proposed fee rule.

Documents Required by Idaho Administrative Procedure Act

Notice of Intent to Promulgate Rules – Administrative Bulletin Volume 20-5, May 6, 2020 – Page 95

Overview

This rulemaking began in May 2019 under docket number 20-0302-1901 and was assigned a new docket number in May 2020. For rulemaking materials and comments received in 2019, please see the web page for docket 20-0302-1901.

The passage of House Bill 141 during the 2019 legislative session significantly amended Idaho’s Surface Mining Act. IDL is initiating rulemaking to incorporate key legislative changes into rule, which include:
 •  determining surface impacts of underground mines;
 •  setting fees for reclamation plans;
 •  incorporating water treatment and post-closure activities in reclamation plans, as needed;
 •  requiring that all reclamation tasks in a plan be completed and covered by financial assurance;
 •  estimating actual cost of reclamation and post-closure activities;
 •  allowing additional types of financial assurance, such as corporate guarantees and trusts; and
 •  reviewing every plan at least once every five years.

This rulemaking will also address cyanide closure plans, prompted by amendments to IDAPA 58.01.13, Rules for Ore Processing by Cyanidation by the Idaho Department of Environmental Quality.

Zero-Based Regulation Prospective Analysis Form, completed May 2020 for negotiated rulemaking.

Negotiated Rulemaking Schedule

Negotiated Rulemaking Summary – 9/11/2020

No additional meetings are scheduled for negotiated rulemaking.

Previous meetings
Aug. 10, 2020 – Agenda 8-10-2020 | Participant list 8-10-2020
July 17, 2020 – Agenda 7-17-20 | Participant list 7-17-20
June 30, 2020 – Agenda 6-30-20 | Participant list 6-30-20
May 15, 2020 – Agenda 5-15-20 | Participant list 5-15-20

Meetings held in 2019 are posted on the web page for docket 20-0302-1901.

Draft Rule and Public Comments

Draft Rule TextDate PostedMeeting
Discussion
Written Comment
Deadline
Draft Rule Text #98/5/20208/10/20208/13/2020
Draft Rule Text #87/15/20207/17/20207/24/2020
Draft Rule Text #76/18/20206/30/20207/10/2020
Draft Rule Text #65/8/20205/15/20205/22/2020
Previous drafts are posted on the web page for docket 20-0302-1901.

Compilation of Research Materials

SubjectDate Posted
Alaska Admin Code 11.05.120. Fees 05/08/2019
Alaska Admin Code 11.97.100. Reclamation05/08/2019
Alaska DNR Director's Fee Order No. 305/08/2019
Alaska DNR Reclamation Cost Estimate Guide05/08/2019
Alaska Statute 27.19 Reclamation05/08/2019
Arizona Mining Permitting Guide05/08/2019
Arizona Statutes and Rules - Mining 05/08/2019
Montana Code 17-6-201 Investments 05/28/2019
Montana Code 82-4-123 Minerals Permit Fee/Surety Bond05/08/2019
Montana Code 82-4-331 Minerals Exploration License Required05/08/2019
Montana Code 82-4-332 Minerals Exploration License05/08/2019
Montana Code 82-4-335 Minerals Operating Permit Fees05/08/2019
Montana Code 82-4-338 Metal Mine Performance Bond06/18/2019
Montana Code 82-4-339 Minerals Annual Fee and Activity Report05/08/2019
Montana Code 82-4-367 Minerals Water Treatment Permanent Trust Fund 05/28/2019
Montana Code 82-4-433 Opencut Mining Reclamation Bond 05/28/2019
Montana Code 82-4-437 Minerals Annual Report Fee 05/08/2019
Montana Hardrock Mining General Operating Permit05/08/2019
Montana Metal Mine Bonding05/08/2019
Montana Minerals Exploration License05/08/2019
Montana Property Bond for Opencut Mining Permit 05/28/2019
Montana Rule 17.24.107 Reclamation Requirements – Exploration06/17/2020
Montana Rule 17.24.143 Hardrock Bond: Form of Bond07/28/2020
Montana Rule 17.24.144 Surety Bonds07/28/2020
Montana Rule 17.24.1105 Coal Bond: Form of Bond07/28/2020
Montana Small Miner Exclusion05/08/2019
Nevada Admin Code Reclamation of Land Rev. 201605/08/2019
Nevada Administrative Code Chapters 445A.350 - 445A.447 10/21/2019
Nevada Bureau of Mining and Regulation (BMRR) Mining Branches10/21/2019
Nevada Bureau of Mining Regulation (BMRR) Fee Schedule05/08/2019
Nevada BMRR Closure Branch10/21/2019
Nevada BMRR Reclamation Branch10/21/2019
Nevada BMRR Regulation Branch10/21/2019
Nevada BMRR Water Pollution Control/Reclamation Permit Required05/08/2019
Nevada Mine Plan Application06/17/2020
Nevada Revised Statute Reclamation of Land Rev. 2018 05/08/2019
New Mexico Guidance for Calculating Indirect Costs for Mine Reclamation 05/28/2019
New Mexico Mining Act05/08/2019
New Mexico Non-Coal Mining Fees05/08/2019
New Mexico Non-Coal Mining Financial Assurance Requirements 05/28/2019
New Mexico Non-Coal Mining Operations06/17/2020
Oregon ORS Chapter 517 - Mining and Mining Claims07/28/2020
Oregon Rule 632-030 Reclamation – Surface Mining06/17/2020
Oregon Rule 632-033 Reclamation – Exploration Activities06/17/2020
Oregon Rule 632-035 Reclamation – Placer Mines, Coal Mines06/17/2020
Oregon Rule 632-037 Consolidated Permitting of Mining Operations06/17/2020
Pennsylvania Code Bonding 05/28/2019
Pennsylvania Post-Mining Discharge Treatment Agreement05/08/2019
Pennsylvania Post-Mining Treatment Consent Order/Agreement05/08/2019
South Dakota Code 45-6B Mined Land Reclamation06/17/2020
South Dakota Rule 74:29 Mined Land Reclamation06/17/2020
Utah Code 40-8 Mined Land Reclamation06/17/2020
Utah Regulations R647-001 to 008 - Minerals Regulatory07/28/2020
Washington Admin Code 332-18 Surface Mine Reclamation06/17/2020
Washington Code 78.44 Surface Mining06/17/2020
Washington Code 78.56 Metals Mining06/17/2020
Wyoming Rules Non-Coal Authorities and Definitions06/17/2020
Wyoming Rules Non-Coal Environmental Protection Performance Standards06/17/2020
Wyoming Rules Non-Coal Exploration by Dozing06/17/2020
Wyoming Rules Non-Coal Exploration by Drilling 06/17/2020
Wyoming Rules Non-Coal Financial Assurance (Current) 05/28/2019
Wyoming Rules Non-Coal Limited Mining Operations for 15 Acres or Less06/17/2020
Wyoming Rules Non-Coal Mine Permit Applications06/17/2020
Wyoming Rules Non-Coal Permit Application Requirements for Small Mining Operations06/17/2020
Wyoming Rules Non-Coal Underground Mining06/17/2020

Contact

Eric Wilson
Resource Protection and Assistance Bureau Chief
IDL Boise Staff Office
(208) 334-0261
ewilson@idl.idaho.gov

To subscribe to email updates about this rulemaking, please contact us at rulemaking@idl.idaho.gov.
Please specify IDAPA 20.03.02.

Submit Public Comments

Through the IDL website
By e-mail to rulemaking@idl.idaho.gov
By mail to:
Idaho Department of Lands
Attn: Eric Wilson – Rulemaking
300 N. 6th St., Suite 103
Boise, ID 83702
By fax to: (208) 334-3698
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