Rules Governing Mined Land Reclamation
Status of Rulemaking
Negotiated rulemaking concluded in August 2020, and IDL submitted the final draft negotiated rule to be formatted for publication as a proposed rule. The proposed rule published in the Idaho Administrative Bulletin in September 2020 under docket 20-0000-2000F (Omnibus Proposed Fee Rule).
Information on the proposed rule, including a link to the Notice of Proposed Rule and public comments on the proposed rule, can be found on the Docket No. 20-0000-2000F rulemaking page.
This rulemaking is continuing through the proposed and pending stages under the omnibus rulemaking docket number. For status updates, see the Docket No. 20-0000-2000F rulemaking page.
Documents Required by Idaho Administrative Procedure Act
Notice of Intent to Promulgate Rules – Administrative Bulletin Volume 20-5, May 6, 2020 – Page 95
This rulemaking began in May 2019 under docket number 20-0302-1901 and was assigned a new docket number in May 2020. For rulemaking materials and comments received in 2019, please see the web page for docket 20-0302-1901.
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; and
• reviewing every plan at least once every five years.
This rulemaking will also address cyanide closure plans, prompted by amendments to IDAPA 58.01.13, Rules for Ore Processing by Cyanidation by the Idaho Department of Environmental Quality.
Zero-Based Regulation Prospective Analysis Form, completed May 2020 for negotiated rulemaking.
Negotiated Rulemaking Schedule
No additional meetings are scheduled for negotiated rulemaking.
Aug. 10, 2020 – Agenda 8-10-2020 | Participant list 8-10-2020
July 17, 2020 – Agenda 7-17-20 | Participant list 7-17-20
June 30, 2020 – Agenda 6-30-20 | Participant list 6-30-20
May 15, 2020 – Agenda 5-15-20 | Participant list 5-15-20
Meetings held in 2019 are posted on the web page for docket 20-0302-1901.
Draft Rule and Public Comments
|Draft Rule Text||Date Posted||Meeting |
|Draft Rule Text #9||8/5/2020||8/10/2020||8/13/2020|
|Draft Rule Text #8||7/15/2020||7/17/2020||7/24/2020|
|Draft Rule Text #7||6/18/2020||6/30/2020||7/10/2020|
|Draft Rule Text #6||5/8/2020||5/15/2020||5/22/2020|
Compilation of Research Materials
|ASARCO v State of Idaho Department of Lands||10/08/2020|
|Best Management Practices||10/08/2020|
|Collateral Bonding Information (IDL)||06/18/2019|
|Corporate Guarantee Comparison (IDL), revised||07/28/2020|
|Corporate Guarantees/Self-Insurance Information (IDL), revised||07/28/2020|
|Corporate Guarantee Sources||10/08/2020|
|CPA Licensing in Idaho||10/21/2019|
|Fee Research (IDL)||05/08/2019|
|Fees Comparison, Other States (IDL)||05/14/2019|
|Financial Assurance Timing Comparison, Other States (IDL)||08/10/2020|
|HB 141 Statement and Fiscal Impact||10/08/2020|
|Idaho Code Real Property Defined||05/28/2019|
|Idaho Legislation 2019 House Bill 141||05/08/2019|
|Indirect Cost Comparison (IDL)||06/18/2019|
|Plan Processing Cost (IDL)||05/14/2019|
|Plans Approved (IDL)||05/14/2019|
|Trust Fund Comparison (IDL)||07/28/2020|
|Trust Funds Information (IDL), revised||07/28/2020|
|Trust Fund Sources||10/08/2020|
|Appalachia Coal Mining Reclamation Bonding||05/08/2019|
|Bond Ratings Comparison: Moody's/Standard & Poor's/Fitch's||06/18/2019|
|Comparison International Reclamation Bonding||05/08/2019|
|FDIC Deposit Insurance FAQs||05/28/2019|
|Fidelity Portfolio Diversification||10/08/2020|
|Financial Assurance Environmental Protection Costs||05/08/2019|
|Fitch Rating Definitions||06/18/2019|
|Hardrock Reclamation Bonding Practices Western U.S.||05/08/2019|
|Idaho Legislation 2019 House Bill 141 Governor Little Signs Law||05/08/2019|
|Mining and Vanishing Surety Bond Market||05/08/2019|
|Montana Zortman-Landsky Mines Pollution||05/08/2019|
|Moody's Rating Symbols & Definitions||06/18/2019|
|Standard & Poor's Global Ratings Definitions||06/18/2019|
|Wilmington Trust Diversified Portfolio||10/08/2020|
|World Bank Group Guidance Implementation Financial Surety Mines||05/08/2019|
|Wyoming Rules Limiting Self-Bonding||05/08/2019|
Resource Protection and Assistance Bureau Chief
IDL Boise Staff Office
To subscribe to email updates about this rulemaking, please contact us at firstname.lastname@example.org.
Please specify IDAPA 20.03.02.
Submit Public CommentsThrough the IDL website
By e-mail to email@example.com
By mail to:
Idaho Department of Lands
Attn: Eric Wilson – Rulemaking
300 N. 6th St., Suite 103
Boise, ID 83702
By fax to: (208) 334-3698