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Omnibus Rulemaking for IDAPA 20 Rules of the Idaho Department of Lands

DOCKETS: 20-0000-1900 and 20-0000-1900F

Status of Rulemaking

Rulemaking initiated to adopt and re-publish existing and previously approved and codified chapters under IDAPA 20, rules of the Idaho Department of Lands.

Temporary rules took effect on June 30, 2019. Public comment was accepted on proposed rules from June 19 through July 10, 2019.

Public hearings were held in August and the comment period was extended to August 16, 2019 for:
  IDAPA 20.02.01, Rules Pertaining to the Idaho Forest Practices Act, and
  IDAPA 20.03.01, Rules Governing Dredge and Placer Mining Operations in Idaho.

The pending rule and pending fee rule were adopted by the agency, the Idaho State Board of Land Commissioners, the Idaho Oil and Gas Conservation Commission (as to IDAPA 20.07.02), and the Idaho Board of Scaling Practices (as to IDAPA 20.06.01), and were submitted to the 2020 Idaho State Legislature for final approval. IDL rule dockets are submitted to the Senate Resources and Environment Committee and the House Resources and Conservation Committee.

Docket No. 20-0000-1900: Pending rule approved by the Idaho Legislature; final and effective on March 20, 2020.

Docket No. 20-0000-1900F: The Idaho Legislature did not authorize any permanent fee rules. The Idaho State Board of Land Commissioners, the Idaho Oil and Gas Conservation Commission (as to IDAPA 20.07.02), and the Idaho Board of Scaling Practices (as to IDAPA 20.06.01), adopted these rules as temporary rules, effective March 20, 2020. The temporary rules 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 Temporary and Proposed Omnibus Rulemaking (Docket No. 20-0000-1900) – Administrative Bulletin, Volume 19-6SE, June 19, 2019, page 4099

Notice of Temporary and Proposed Omnibus Fee Rulemaking (Docket No. 20-0000-1900F) – Administrative Bulletin, Volume 19-6SE, June 19, 2019, page 4160

Notice of Public Hearing on IDAPA 20.02.01, Rules Pertaining to the Idaho Forest Practices Act (Docket No. 20-0000-1900) – Administrative Bulletin, Volume 19-8, August 7, 2019, page 86

Notice of Public Hearing on IDAPA 20.03.01, Rules Governing Dredge and Placer Mining Operations in Idaho (Docket No. 20-0000-1900F) – Administrative Bulletin, Volume 19-8, August 7, 2019, page 88

Notice of Omnibus Rulemaking – Adoption of Pending Rule (Docket No. 20-0000-1900) – Administrative Bulletin, Volume 19-11SE, November 20, 2019, page 3031

Notice of Omnibus Rulemaking – Adoption of Pending Fee Rule (Docket No. 20-0000-1900F) – Administrative Bulletin, Volume 19-11SE, November 20, 2019, page 3089

Overview

This temporary and proposed rulemaking adopts and re-publishes the existing and previously approved and codified rule chapters under IDAPA 20, rules of the Idaho Department of Lands.

Temporary and Proposed Rulemaking (Docket No. 20-0000-1900):
This rulemaking will address:

  • 20.01.01, Rules of Practice and Procedure Before the State Board of Land Commissioners
  • 20.02.01, Rules Pertaining to the Idaho Forest Practices Act
  • 20.04.01, Rules Pertaining to Forest Fire Protection

Temporary and Proposed Fee Rulemaking (Docket No. 20-0000-1900F):
This rulemaking will address:

  • 20.02.14, Rules for Selling Forest Products on State-Owned Endowment Lands
  • 20.03.01, Rules Governing Dredge and Placer Mining Operations in Idaho
  • 20.03.03, Rules Governing Administration of the Reclamation Fund
  • 20.03.04, Rules for the Regulation of Beds, Waters, and Airspace Over Navigable Lakes in the State of Idaho
  • 20.03.05, Riverbed Mineral Leasing in Idaho
  • 20.03.08, Easements on State Owned Lands
  • 20.03.09, Easements on State Owned Submerged Lands and Formerly Submerged Lands
  • 20.03.13, Administration of Cottage Site Leases on State Lands
  • 20.03.14, Rules Governing Grazing, Farming, Conservation, Noncommercial Recreation, and Communication Site Leases
  • 20.03.15, Rules Governing Geothermal Leasing on Idaho State Lands
  • 20.03.16, Rules Governing Oil and Gas Leasing on Idaho State Lands
  • 20.03.17, Rules Governing Leases on State-Owned Submerged Lands and Formerly Submerged Lands
  • 20.04.02, Rules Pertaining to the Idaho Forestry Act and Fire Hazard Reduction Laws
  • 20.06.01, Rules of the Idaho Board of Scaling Practices
  • 20.07.02, Rules Governing Conservation of Oil and Natural Gas in the State of Idaho

Related Documents

Oil and Gas Conservation Commission:
9/25/2019 Special Meeting: Approved Memo / Final Minutes – Adoption of pending rule

State Board of Scaling Practices:
9/26/2019 Regular Meeting: Approved Memo – Adoption of pending rule

State Board of Land Commissioners:
10/17/2019 Regular Meeting: Approved Memo – Adoption of pending rule and pending fee rule

DFM Memo 4/23/19: Process to Reauthorize Rules Beyond July 1
DFM Memo 5/21/19: Process to Reauthorize Rules Beyond July 1, with attachments

Public Hearings for IDAPA 20.02.01, Forest Practices (Shade Rule)

Thursday, August 15, 2019, 9:30 a.m. PDT – Coeur d’Alene, ID | Revised Agenda | PresentationScriptHandoutsSign-in Sheet Public Hearing Transcript
IDL Coeur d’Alene Staff Office, Sundance Conference Room
3284 W Industrial Loop, Coeur d’Alene, ID 83815

Thursday, August 15, 2019, 4:30 p.m. PDT – Coeur d’Alene, ID | Revised Agenda | PresentationScriptHandoutsSign-in SheetPublic Hearing Transcript
IDL Coeur d’Alene Staff Office, Sundance Conference Room
3284 W Industrial Loop, Coeur d’Alene, ID 83815

Visit the Shade Rule page for additional information.

State Board of Land Commissioners – regular meeting 9/13/2019
  Memo: IDAPA 20.02.01, Summary of Comments Received on Proposed Rule
  Atc 1: New Timber Harvesting Rules (News Release, June 2014)
  Atc 2: Shade Rule Fact Sheet (June 2014)
  Atc 3: Notice of Omnibus Rulemaking, IDAPA 20.02.01 (June 2019)
  Atc 4: Summary of Comments Received, IDAPA 20.02.01
  Atc 5: Regulatory Taking Analysis, IDAPA 20.02.01

Public Hearings for IDAPA 20.03.01, Dredge and Placer Mining

Wednesday, August 14, 2019, 1:00-3:00 p.m. PDT – Coeur d’Alene

AgendaPresentationSign-in SheetPublic Hearing Transcript
IDL Coeur d’Alene Staff Office, Sundance Conference Room
3284 W Industrial Loop, Coeur d’Alene, ID 83815  

Thursday, August 15, 2019, 12:00-2:00 p.m. MDT – Idaho Falls

AgendaPresentationSign-in SheetPublic Hearing Transcript
IDL Eastern Supervisory Area Office
3563 Ririe Highway, Idaho Falls, ID 83401  

Friday, August 16, 2019, 2:00-4:00 p.m. MDT – Boise

AgendaPresentationSign-in SheetPublic Hearing Transcript
Idaho State Capitol Building, Lincoln Auditorium (Room WW02)
700 West Jefferson Street, Boise, ID 83702  

State Board of Land Commissioners – regular meeting 9/13/2019
  Memo: IDAPA 20.03.01, Summary of Comments Received on Proposed Rule
  Atc 1: Dredge and Placer Mining, Frequently Asked Questions
  Atc 2: Notice of Omnibus Rulemaking, IDAPA 20.03.01 (June 2019)
  Atc 3: Summary of Comments Received, IDAPA 20.03.01

Written Public Comments on Proposed Rules

Submitted byDate ReceivedIDAPA Rule Number
Alex Adams, Division of Financial Management07/10/2019IDAPA 20
US Environmental Protection Agency, Daniel Brown08/14/201920.02.01
Paul Buckland08/14/201920.02.01
Riley Stegner and Associates, Peter Stegner08/14/201920.02.01
Farm Bureau, Bryan Seale08/15/201920.02.01
Madeline David08/15/201920.02.01
Tom Mosman08/15/201920.02.01
Idaho Conservation League, Matthew Nykiel & John Robison08/16/201920.02.01
Kirk David08/16/201920.02.01
Kennon McClintock08/17/201920.02.01
Stimson Lumber Co., Britt Madison08/19/201920.02.01
Mike Hibbs07/03/201920.03.01
Richard Servatius08/14/201920.03.01
Robert Grammer08/14/201920.03.01
Dave Erlanson08/16/201920.03.01
Donald Smith08/16/201920.03.01
Pat Reidt, comment 108/16/201920.03.01
Pat Reidt, comment 208/16/201920.03.01

Temporary Rule Justification

Pursuant to Sections 67-5226(1) and 67-5226(2), Idaho Code, the Governor has found that temporary adoption of the rule is appropriate for the following reasons:

These temporary rules are necessary to protect the public health, safety, and welfare of the citizens of Idaho and confer a benefit on its citizens. These previously approved and codified rules implement the duly enacted laws of the state of Idaho, provide citizens with the detailed rules and standards for complying with those laws, and assist in the orderly execution and enforcement of those laws. The expiration of these rules without due consideration and processes would undermine the public health, safety and welfare of the citizens of Idaho and deprive them of the benefit intended by these rules. The rules of the Idaho Department of Lands serve the public interest by, for example, ensuring landowners, royalty owners, producers, and the public realize and enjoy the greatest good from the state’s vital natural resources like oil, natural gas, and minerals. The rules also serve the public interest by, for example, regulating forestland management practices to maintain and enhance benefits such as job creation, tax generation, and distributions to endowment beneficiaries, and by conserving resources such as forest tree species, soil, air, water, and wildlife habitat.

Any fee or charge imposed by the rules is necessary to avoid immediate danger. The fees or charges reauthorized in this rulemaking are currently existing and have been previously promulgated by the agency and reviewed and approved by the Legislature. These fees and charges are part of the dedicated fund portion of the state budget, which makes up a material portion of the FY2020 budget. The FY2020 budget has already been set by the Legislature and passed into law. That budget relies upon the existence of these fees and charges to meet the state’s obligations and provide necessary state services. Failing to reauthorize these fee rules would create immediate danger to the state budget, immediate danger to necessary state functions and services, and immediate danger of a violation of Idaho’s constitutional requirement that it balance its budget.

Negotiated Rulemaking

Pursuant to Section 67-5220(2), Idaho Code, negotiated rulemaking was not feasible because of the need to adopt the rules as temporary, and because these existing chapters of IDAPA are being re-published and re-authorized. Negotiated rulemaking also is not feasible because of the need to implement these rules before they expire; the rules form the regulatory framework of the laws of this state and have been previously promulgated and reviewed by the legislature pursuant to the Idaho Administrative Procedures Act, Chapter 52, Title 67, Idaho Code; and because engaging in negotiated rulemaking for all previously existing rules will inhibit the agency from carrying out its ability to serve the citizens of Idaho and to protect their health, safety, and welfare.

Requests/Petitions for Public Hearings

Submitted byDate ReceivedIDAPA Rule Number
Felix Nuxoll07/02/201920.02.01
Fred Omodt07/02/201920.02.01
G. Kirk David07/02/201920.02.01
John Kellogg07/02/201920.02.01
Madeline David07/02/201920.02.01
Sheryl Nuxoll07/02/201920.02.01
Betty Anderson07/03/201920.02.01
Carla and Verland Woempner07/03/201920.02.01
Carol Puetz07/03/201920.02.01
Charlotte DeArmond07/03/201920.02.01
Clelia Callihan07/03/201920.02.01
David Wattenbarger07/03/201920.02.01
Don DeArmond07/03/201920.02.01
Eric Hasselstrom07/03/201920.02.01
Gordon Harnasch07/03/201920.02.01
Jeff Bloomsburg07/03/201920.02.01
Joe Dobson07/03/201920.02.01
John Kinne07/03/201920.02.01
Linda Rider07/03/201920.02.01
Liz Wood07/03/201920.02.01
Marjorie French07/03/201920.02.01
Robert Callihan07/03/201920.02.01
Robert Rider07/03/201920.02.01
Ron, Glenda, Kim and Mark Frei07/03/201920.02.01
Sandy and Paul Schlepp07/03/201920.02.01
Sandy Schlepp07/03/201920.02.01
Sheila Hasselstrom07/03/201920.02.01
Travis Port07/03/201920.02.01
Travis Thompson07/03/201920.02.01
Darcy Lammers07/05/201920.02.01
Jeanne Arnzen07/05/201920.02.01
Robert Weaver07/01/201920.03.01
Karey Hanks, Fremont County07/02/201920.03.01
Julie True, Ada County 07/03/201920.03.01
Julie True, Canyon County07/03/201920.03.01
Julie True, Idaho County07/03/201920.03.01
Julie True, Kootenai County07/03/201920.03.01
Linda Yergler, Shoshone County07/03/201920.03.01
Steve Wright, Bonner County07/03/201920.03.01
Steve Wright, Shoshone County07/03/201920.03.01

Contact

Amy Johnson
Rulemaking Coordinator
IDL Boise Staff Office
(208) 334-0255
rulemaking@idl.idaho.gov


Submit Public Comments

Through the IDL website

By e-mail to rulemaking@idl.idaho.gov

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

By fax to (208) 334-3698

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