Setting Legislative Priorities
The State Board of Land Commissioners, which includes Idaho’s Governor, Secretary of State, Attorney General, Superintendent of Public Instruction, and State Controller, is charged by Idaho’s Constitution with the direction, control and disposition of Idaho’s endowment lands under the regulations set by law.
The Idaho Department of Lands is the administrative arm of the Board. IDL is tasked with fulfilling the Board’s constitutional mandate of maximizing the revenue earned from endowment land for beneficiaries like our public schools, and carrying out the Board’s statutorily defined regulatory duties.
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IDL Rulemaking
In general, the Legislature first sets broad policy mandates by passing statutes, then state agencies create more detailed administrative rules based on those statutes. Administrative rules are designed to facilitate the implementation of laws. This process allows for the public and more detailed scientific, economic, or industry expertise to help guide how statutes are implemented by state agencies.
The agency must have rulemaking authority in statute and must follow the Idaho Administrative Procedure Act, which outlines requirements for public participation in the rulemaking process. Idaho’s administrative rulemaking process involves multiple stages: negotiated, proposed, pending, and final.
In 2020, Governor Brad Little signed Executive Order 2020-01: Zero-Based Regulation. This executive order establishes an ongoing review process for existing rules.
IDAPA 20.01.01 protects citizens’ due process rights by governing the practice and procedure in contested cases before the State Board of Land Commissioners and the Idaho Department of Lands.
This rule chapter implements the following statutes: Idaho Code 58-104 State Land Board – Powers and Duties and Idaho Code 67-5206(5)(b) – Promulgation of Rules Implementing Administrative Procedure Act.
- House Resources and Conservation Committee Pending Rules Review Book – Pages 59-84
- Senate Resources and Environment Committee Pending Rules Review Book – Pages 59-84
- View redline/strikethrough changes to IDAPA 20.01.01 in legislative format
Learn More About This Pending Rule
The Idaho Department of Lands administers IDAPA 20.03.01, Rules Governing Dredge and Placer Mining Operations under the authority of the Idaho Dredge and Placer Mining Protection Act (Title 47, Chapter 13, Idaho Code).
IDAPA 20.03.01 allows responsible resource extraction while protecting the lands, streams and watercourses of the state.
The Idaho Department of Lands administers IDAPA 20.03.03, Rules Governing Administration of the Reclamation Fund under the authority of Title 47, Chapter 18, Idaho Code.
IDAPA 20.03.03 provides consistent guidance in how Idaho’s Reclamation Fund (Fund) is implemented. The Fund is a type of state bond pool created in 2002 to provide an alternative form of performance bond or financial assurance as required by Idaho mining regulations. The Fund is to be used by the Department to complete reclamation in the event an operator is unable to so.
The Idaho Department of Lands manages the beds of navigable waterways to provide for their commercial, navigational, recreational or other public use. IDAPA 20.03.05, Riverbed Mineral Leasing in Idaho establishes a consistent process to authorize mineral exploration and extraction on state-owned navigable rivers and collect rents and royalties.
This is negotiated rulemaking for a new rule chapter: Rules Pertaining to the Recreational Use of Endowment Land (IDAPA 20.05.01).
Senate Bill 1049 was designed to curb the abuse or misuse of endowment land, preserving its revenue-generating potential for the beneficiaries. The legislation, which was signed into law, created a new section of Idaho Code that became effective on July 1, 2023.
The law requires rulemaking to specify prohibited activities that are subject to a warning ticket for minor first offenses, with second violations under the statute being punished with an infraction and $250 fine.