Rules Governing Mined Land Reclamation
Status of Rulemaking
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.
IDL is conducting negotiated rulemaking and accepting written public comments on the draft negotiated rules:
- Deadline for written comments on draft rule text #7: July 10, 2020
- The next negotiated rulemaking meeting will be held on Friday, July 17, 2020 @ 9:00 a.m. (MT).
Documents Required by Idaho Administrative Procedure Act
Notice of Intent to Promulgate Rules – Administrative Bulletin Volume 20-5, May 6, 2020 – Page 95
(Second) Notice of Intent to Promulgate Rules – Administrative Bulletin Volume 19-10, October 2, 2019 – Page 220
Notice of Intent to Promulgate Rules – Administrative Bulletin Volume 19-5, May 1, 2019 – Page 69
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
IDL encourages public participation by attending scheduled negotiated rulemaking public meetings or providing written comments to IDL on the draft negotiated rule.
Next negotiated rulemaking meeting:
Friday July, 17, 2020 @ 9:00 a.m. (MT)
- To participate via audio: Toll Free 1-877-820-7831; Participant Code 146275
- To participate via web conference: Please email email@example.com to request the Zoom link.
IDL may schedule additional negotiated rulemaking meetings or cancel previously scheduled meetings contingent upon the outcomes obtained on issues arising from these negotiation proceedings.
Draft Negotiated Rule
|Draft Negotiated Rule||Date Posted||Meeting Discussion||Written Comment Deadline|
|Draft Rule Text No. 7||6/18/2020||6/30/2020||7/10/2020|
|Draft Rule Text No. 6||5/8/2020||5/15/2020||5/22/2020|
|Previous draft rule text is posted on the web page for docket 20-0302-1901.|
Written Public Comments on Draft Negotiated Rule
|Comment Submitted by||Date Received|
|Idaho Department of Environmental Quality, Mary Anne Nelson||7/10/2020|
|Idaho Bucket Miners, Alan Gilda||7/10/2020|
|Keceph Mountain LLC, Jeremy Chou||7/10/2020|
|Idaho Mining Association, Ben Davenport||7/10/2020|
|U.S. Environmental Protection Agency, Patty McGrath||7/10/2020|
|J.R. Simplot Co. Alan Prouty||7/10/2020|
|Thompson Creek Mining Company, Bradley Kucera||7/09/2020|
|Idaho Mining Association, Ben Davenport||5/22/2020|
|J.R. Simplot Co., Alan Prouty||5/22/2020|
|Keceph Mountain LLC, Jeremy Chou||5/22/2020|
|U.S. Environmental Protection Agency, James Werntz||5/22/2020|
|Keceph Mountain LLC, Jeremy Chou||5/18/2020|
Comments received in 2019 are posted on the web page for docket 20-0302-1901.
Resource Protection and Assistance Bureau Chief
IDL Boise Staff Office
To subscribe to email updates about this rulemaking, please contact us at firstname.lastname@example.org.
Please specify IDAPA 20.03.02.
Submit Public CommentsThrough the IDL website
By e-mail to email@example.com
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