DOCKET 20-0305-2301
Purpose of Rule
The Idaho Department of Lands manages the beds of navigable rivers 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.
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 Prospective Analysis Form – 7/21/2023
A Notice of Pending Rulemaking and the accompanying Pending Rule Text was published in the January 3, 2024 Idaho Administrative Bulletin (Vol.24-1 pages 139-141). 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 rule are be published in the September Idaho Administrative Bulletin.
Proposed rulemaking public comment period concluded on September 27, 2023.
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
Notice of Proposed Rulemaking and Proposed Rule Text, September 6, 2023, Idaho Administrative Bulletin, pages 314 – 320
The Proposed Rule Text shows changes in legislative format (deleted text in the blue strikethrough, and new text is in the red underlined)
Comments
Will Tiedemann – Received 9/27/23
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, pgs 40-41.
Land Board memo 11/15/2022– Approval to initiate negotiated rulemaking.
Negotiated Rulemaking Summary – August 23, 2023
Negotiated rulemaking public comment period ended on June 16, 2023.
Wednesday, April 19, 2023
Riggins (and Zoom)
Agenda
Presentation
Meeting Minutes – Riggins
Participants List – Riggins
Wednesday, April 26, 2023
Idaho Department of Lands
Boise Staff Office (and Zoom)
Agenda
Presentation
Meeting Minutes
Participant List
Will Tiedemann – Received 6/16/2023
Travis Hollon– Received 4/24/2023
Wayne Hammon, comment 1 – Received 4/18/2023
Wayne Hammon, comment 2 – Received 4/18/2023
Draft #1
Posted 4/4/23
Meeting Discussion
Written Deadline for Comment 4/26/23
Draft #2
Posted 6/7/23
Meeting Discussion
Written Deadline for Comments 6/16/2023
Posted July 12,2023
Alaska 2023-APMA-Full-Application
Alaska Mining_Statute_and_Regulation_Book
Alaska_11_AAC_62
Alaska_11AAC_82
Alaska_11AAC_86
Alaska_AS38_05_250to275
Montana 77 Chapter 3 Mining Leases AUthorized
Montana 77-1-1115 Navigable River Lease
Nevada NAC 519A.235
Nevada When_is_a_Water_Pollution_Control_or_Reclamation_Permit_Required
Oregon Chapter 141 Division 14
Oregon Waterway Lease Application
South Dakota Codified Law 5-2-5 Permitting Sand and Gravel
South DakotaSDLRC – Codified Law 5-1-7 – Lease of Navigable Waterways
USFS_36cfr228
USFS_Handbook_6509-11k_80-PTS
Utah MineralApp-FillableSave
Utah R652-20 Mineral LEase Rules
Washington RCW 79.105.110
Washington RCW 79.140
Washington_Chapter77-55RCW
Wyoming assignment form
Wyoming SBLC_Chapter24
Wyoming Solid Mineral Leasing Application
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: Marde Mensinger – 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
Marde Mensinger
Navigable Waterways Program Manager
(208) 334-0248
MMensinger@idl.idaho.gov