Official Government Website

Minerals: Rulemaking for IDAPA 20.03.03

DOCKET: 20-0303-1901

Rules Governing Administration of the Reclamation Fund

Status of Rulemaking

During the 2020 legislative session, the changes to IDAPA 20.03.03 were approved by the Senate Resources and Environment Committee and the House Resources and Conservation Committee. However, the legislature did not authorize any permanent fee rules; as a result, the Land Board adopted this chapter as a temporary rule, effective March 20, 2020. The temporary rule will be published in a special edition of the Administrative Bulletin in April 2020. (See Docket No. 20-0000-2000F.)

Documents Required by Idaho Administrative Procedure Act

Notice of Intent to Promulgate Rules – Administrative Bulletin Volume 19–6, June 5, 2019 – Page 63

Summary of Negotiated Rulemaking (pdf)

Notice of Rulemaking – Proposed Rule – Administrative Bulletin Volume 19-9, September 4, 2019 – Page 359

Notice of Adoption of Pending Rule – Administrative Bulletin Volume 19-12, December 4, 2019 – Page 151

Overview

The passage of House Bill 141 during the 2019 legislative session significantly amended definitions and terminology associated with Idaho’s Reclamation Fund, also known as the Bond Assurance Fund.

Pursuant to Title 47, Chapter 18, Idaho Code, IDL manages the Bond Assurance Fund, which provides affordable and attainable financial assurances for mining operators, allowing compliance with Idaho’s mining regulations.

This rulemaking will address:
 •  definitions and terminology;
 •  potential expansion of the fund’s acreage limit to allow more participation; and
 •  potential removal of mandatory participation requirements, allowing operators to provide other types of financial assurances.

Proposed Rulemaking Schedule

PROPOSED RULEMAKING PUBLIC COMMENT PERIOD: September 4-25, 2019
IDL encourages public participation by either attending the scheduled public hearing or providing written comments to IDL during the open comment period.

PUBLIC HEARING
Monday, September 16, 2019, 2:30 p.m. MDT – Boise, ID | AgendaSign-in Sheet
Idaho State Capitol Building, 4th floor, Majority Caucus Room (W-433)
700 West Jefferson Street, Boise, Idaho 83702  

Written Public Comments on Proposed Rule

Submitted by Idaho Department of Lands, Eric Wilson on 09/24/2019

Negotiated Rulemaking Schedule

NEGOTIATED RULEMAKING PUBLIC COMMENT PERIOD: June 5 through July 15, 2019
IDL encourages public participation by either attending any of the following scheduled negotiated rulemaking public meetings or providing written comments to IDL during the comment period specified above.

NEGOTIATED RULEMAKING PUBLIC MEETING SCHEDULE

DateLocationAgendaSign-in SheetPresentation
June 12, 2019Pocatello
June 13, 2019Challis
June 18, 2019Coeur d'Alene
June 19, 2019McCall
June 20, 2019Boise

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 and Related Documents

Draft Rule Text No. 106/10/2019
Draft Rule Text No. 207/03/2019

Written Public Comments on Draft Negotiated Rule

Bureau of Land Management, Joseph Larsen  – 07/11/2019

Contacts

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

Alexis Poul
Minerals Program Specialist
IDL Boise Staff Office
(208) 334-0256
apoul@idl.idaho.gov


To subscribe to email updates about this rulemaking, please contact us at rulemaking@idl.idaho.gov.
Please specify IDAPA 20.03.03.

Submit Public Comments

Through IDL website

By e-mail to rulemaking@idl.idaho.gov

By mail to:
Idaho Department of Lands
Attn: Todd Drage – Rulemaking
300 N. 6th St., Suite 103
Boise, ID 83702

By fax to (208) 334-3698

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