2019 Negotiated Rulemaking for IDAPA 20.03.02

Rules Governing Mined Land Reclamation
Previous chapter title: Rules Governing Exploration, Surface Mining, and Closure of Cyanidation Facilities

Status of Rulemaking

In May 2020, this rulemaking is continuing under docket number 20-0302-2001.

Documents Required by Idaho Administrative Procedure Act

Notice of Intent to Promulgate Rules – Administrative Bulletin Volume 19-5, May 1, 2019 – Page 69

(Second) Notice of Intent to Promulgate Rules – Administrative Bulletin Volume 19-10, October 2, 2019 – Page 220

Overview

The passage of House Bill 141 during the 2019 legislative session significantly amended Idaho’s Surface Mining Act. IDL is initiating rulemaking to incorporate key legislative changes into rule, which include:
 •  determining surface impacts of underground mines;
 •  setting fees for reclamation plans;
 •  incorporating water treatment and post-closure activities in reclamation plans, as needed;
 •  requiring that all reclamation tasks in a plan be completed and covered by financial assurance;
 •  estimating actual cost of reclamation and post-closure activities;
 •  allowing additional types of financial assurance, such as corporate guarantees and trusts;
 •  reviewing every plan at least once every five years; and
 •  implementing a temporary rule by August 1, 2019.

Negotiated Rulemaking Schedule

This rulemaking has been assigned a new docket number. For current information, please see the web page for docket 20-0302-2001.