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DOCKET 20-0303-2301

Purpose of Rule

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.

Following Executive Order 2020-01, Zero-Based Regulation, this rule chapter is scheduled for a comprehensive review in 2023 with the goal of simplifying the rules for increased clarity and ease of use.

Quick Reference

Current Status

Proposed rulemaking has concluded and no public comments were received. 

Pending Legislative review. The Land Board adopted the pending rule on November 21, 2023 for review by the 2024 Idaho legislature. IDL rule docket is submitted to the Senate Resources and Environment Committee and the House Resources and Conservation Committee.

Pending Rulemaking

Section 67-5201(19), Idaho Code, defines a pending rule as a rule that has been adopted by an agency under regular rulemaking procedures and remains subject to legislative review prior to becoming final and effective. It is, therefore, “pending” legislative review for final approval.
The agency adopts the pending rule and after publication in the Bulletin, this is version of the rule that is submitted for legislature review for final approval.

Land Board Memo 11/21/2023 – Adoption of Pending Rule

Zero-Based Perspective Analysis Form – 7/21/2023

Notice of Pending Rulemaking and the accompanying Pending Rule Text was published in the January 3, 2024 Idaho Administrative Bulletin (Vol.24-1 pages 137-138). Only sections containing changes are presented. 

Complete Pending Fee Rule Text in a Redline/Strikethrough Format
Pending rules are not enforceable; they are pending review by the Idaho Legislature before becoming final and effective.

Proposed Rulemaking

A proposed rule is a formal, written proposal by an agency to amend or repeal an existing rule or adopt a new rule. The public is invited to submit written comments to the agency during this stage of rulemaking. A public hearing may be held for the public to submit oral comments, and the agency gives written and oral comments the same consideration. A notice and the text of the proposed are published in the September Idaho Administrative Bulletin

Notice of Proposed Rulemaking and Proposed Rule Text, September 6, 2023, Idaho Administrative Bulletin, pages 308 – 313

The Proposed Rule Text shows changes in legislative format (deleted text in the blue strikethrough, and new text is in the red underlined)

Proposed rulemaking public comment period concluded on September 27, 2023, and no public comments were received. After proposed rulemaking and considering all comments on the proposed rule, the agency may adopt a pending rule. This rule will be presented to the Land Board for adoption of a pending rule.

Negotiated Rulemaking

Negotiated rulemaking is a process in which all interested parties and the agency seek consensus on the content of a rule. Public meetings are an opportunity for all interested persons to discuss possible changes to the rule, and the public may also submit written comments.

Notice of Intent to Promulgate Rules – Negotiated Rulemaking, April 5, 2023 Idaho Administrative Bulletin, pages 38-39

Land Board memo 11/15/2022– Approval to initiate negotiated rulemaking

Negotiated Rulemaking Summary – posted 8/23/2023

Negotiated rulemaking public comment period ended on June 16, 2023 and no public comments were received.

Submit Written Comments

Proposed rulemaking public comment period concluded on September 27, 2023.

How to send your comments:

Through our website: Submit a comment

By mail to: 
Idaho Department of Lands
Attn: Eric Wilson – Rulemaking
P.O. Box 83720
Boise, Idaho 83720-0050

Fax: (208) 334-3698

By email to: rulemaking@idl.idaho.gov

If you have a hughes.net email address, we might have difficulty receiving your email and encourage you to send your comments by postal mail or by using our online comment form.

Contact

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

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