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Oil and Gas: Rulemaking for IDAPA 20.03.16
Rules Governing Oil and Gas Leasing on Idaho State Lands


Given the increase in oil and gas leasing activities in Idaho during the past decade, the Idaho Department of Lands (IDL) has identifed the need to update the oil and gas leasing rules (IDAPA 20.03.16, last revised in 1988) to provide clarity to the parties impacted by these rules and to bring the rules up to date with current leasing and auction practices, terms, and fees.

Status of Rulemaking

Negotiated rulemaking was completed and the Department submitted the Proposed Rule to the Office of Administrative Rules. This starts a formal rulemaking process that is required for the rules to be considered by the 2017 Legislature. The Proposed Rule will be published in the October 5th Administrative Bulletin, which will start a 21-day comment period. Please see the timeline below for more details.

The submitted Proposed Rule can be downloaded here: Proposed Rule IDAPA 20.03.16

This version is provided to give the public the opportunity to view the content of the proposed rule before the Bulletin is published. However, this version may vary slightly from the version published in the October 5th Bulletin.

Comments submitted on the Proposed Rule must address the version of the rules published in the October 5th Bulletin. Therefore, comments must be received during the 21-day comment period (October 5 - October 26) to be considered for changes to the Pending Rule that will be sent to the 2017 Legislature. This formal rulemaking process is generally described in Idaho Code 67-5221 through 5224.

   •  Comments accepted: October 5 October 26

Those interested in participating in the rulemaking process may do so by attending scheduled meetings or submitting comments during any allowed comment period to

Rulemaking Timeline

July 6, 2016 Publication of Notice of Intent to Promulgate Rules - Negotiated Rulemaking - Administrative Bulletin, Volume 16-7, page 75
October 13, 2016 Public Hearing

Public Meetings

Public meetings on the negotiated rulemaking will be held as follows:

Friday, July 15, 2016 9:00 a.m. MDT Capitol Building, Room WW02, Lincoln Auditorium, 700 W. Jefferson Street, Boise, Idaho 7/08/16
Wednesday, July 20, 2016 9:00 a.m. MDT Capitol Building, Room WW02, Lincoln Auditorium, 700 W. Jefferson Street, Boise, Idaho 7/15/16
Thursday, October 13, 2016 9:00 a.m. MDT Boise, Idaho N/A

Public Comments on Proposed Rule

Surface Owner Protections Joe Morton 07/14/16
Consistency with IDAPA 20.07.02, Royalties Doug Paddock, IORC 07/19/16
Lease Term, Depth Restrictions - continuous drilling operations, shut-in Fee, Tract Nominations, Auction Payment, Royalty Payments Michael Christian 07/19/16

Negotiated Rule Drafts

Drafts of additional edits to the proposed negotiated rule are below.

Draft Text 071516 07/08/15
Draft Text 072016 07/19/15

Staff Contacts

    Endowment Leasing Bureau
    300 N. 6th St., Suite 103
    Boise, ID 83702
    (208) 334-0200

How to send comments