Omnibus Rulemaking: IDAPA 20 Fee Rules

Status of Rulemaking

Temporary rules effective March 20, 2020.

Proposed rule comment period: September 16 through October 7, 2020. The proposed rules were re-published as previously submitted to and reviewed by the Idaho Legislature with the exception of IDAPA 20.03.02, Rules Governing Mined Land Reclamation, which had revisions negotiated under docket 20-0302-2001.

Pending fee rules were submitted to the 2021 Idaho Legislature and approved by the Senate Resources and Environment Committee (on 1/20/2021) and the House Resources and Conservation Committee (on 2/1/2021):

• Senate Resources & Environment Committee Pending Fee Rules Review Book
• House Resources & Conservation Committee Pending Fee Rules Review Book

To become final rules, the pending fee rules require approval by a concurrent resolution, and the 2021 Idaho Legislature did not authorize any permanent rules.

The fee rules were adopted as temporary rules, effective July 1, 2021. See Docket No. 20-0000-2100F.

Documents Required by Idaho Administrative Procedure Act

Notice of Omnibus Rulemaking – Adoption of Temporary Fee Rules – Administrative Bulletin, Volume 20-4SE, April 15, 2020 –  Page 1151

Notice of Omnibus Rulemaking – Proposed Fee Rules – Administrative Bulletin, Volume 20-9SE, September 16, 2020 – Page 985

Notice of Omnibus Rulemaking – Adoption of Pending Fee Rules – Administrative Bulletin, Volume 20-11SE, November 18, 2020 – Page 983

Purpose of this Rulemaking

Rulemaking initiated to ensure the continuity of previously approved administrative fee rules under IDAPA 20, rules of the Idaho Department of Lands. These rules are necessary to protect the public health, safety, and welfare of the citizens of Idaho and confer a benefit on its citizens.

The IDAPA 20, Idaho Department of Lands fee rule chapters are listed below:

• IDAPA 20.02.14, Rules for Selling Forest Products on State-Owned Endowment Lands
• IDAPA 20.03.01, Rules Governing Dredge and Placer Mining Operations in Idaho
• IDAPA 20.03.02, Rules Governing Mined Land Reclamation (revisions negotiated under docket 20-0302-2001)
• IDAPA 20.03.03, Rules Governing Administration of the Reclamation Fund
• IDAPA 20.03.04, Rules for the Regulation of Beds, Waters, and Airspace Over Navigable Lakes in the State of Idaho
• IDAPA 20.03.05, Riverbed Mineral Leasing in Idaho
• IDAPA 20.03.08, Easements on State Owned Lands
• IDAPA 20.03.09, Easements on State Owned Submerged Lands and Formerly Submerged Lands
• IDAPA 20.03.13, Administration of Cottage Site Leases on State Lands
• IDAPA 20.03.14, Rules Governing Grazing, Farming, Conservation, Noncommercial Recreation, and Communication Site Leases
• IDAPA 20.03.15, Rules Governing Geothermal Leasing on Idaho State Lands
• IDAPA 20.03.16, Rules Governing Oil and Gas Leasing on Idaho State Lands
• IDAPA 20.03.17, Rules Governing Leases on State-Owned Submerged Lands and Formerly Submerged Lands
• IDAPA 20.04.02, Rules Pertaining to the Idaho Forestry Act and Fire Hazard Reduction Laws
• IDAPA 20.06.01, Rules of the Idaho Board of Scaling Practices
• IDAPA 20.07.02, Rules Governing Conservation of Oil and Natural Gas in the State of Idaho (See OGCC rulemaking page for additional information on IDAPA 20.07.02.)

Public Hearing on Proposed Rules

Wednesday, September 30, 2020

Agenda

Participant List, In-person

Participant List, Zoom

Watch hearing on YouTube / Public Hearing Transcript

Written Public Comments on Proposed Rules

The written public comment period was September 16 through October 7, 2020.

Negotiated Rulemaking

With the passing of House Bill 141 during the 2019 legislative session, IDL began the negotiated rulemaking process for IDAPA 20.03.02, Rules Governing Mined Land Reclamation. Negotiated rulemaking was conducted May through November 2019 under docket number 20-0302-1901, and from May through August 2020 under docket number 20-0302-2001. Materials pertaining to the negotiated rulemaking — including the meeting schedule, research materials, rule drafts, and public comments — can be found on the web page for docket 20-0302-2001.

Pursuant to Section 67-5220(2), Idaho Code, negotiated rulemaking for the other rule chapters was not feasible 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 protect their health, safety, and welfare.

Related Documents

Oil and Gas Conservation Commission
2/18/2020 Special Meeting: OGCC approved memo – Adoption of temporary rule
10/20/2020 Regular Meeting: OGCC approved memo – Adoption of pending rule

State Board of Scaling Practices
2/18/2020 Special Meeting: Scaling Board approved memo – Adoption of temporary rule
11/4/2020 Regular Meeting: Scaling Board approved memo – Adoption of pending rule

State Board of Land Commissioners
2/18/2020 Regular Meeting: Land Board approved memo – Adoption of temporary rules
10/20/2020 Regular Meeting: Land Board approved memo – Adoption of pending rules