Minerals: Rulemaking for IDAPA 20.03.03

Status of Rulemaking

During the 2020 legislative session, the changes to IDAPA 20.03.03 were approved by the Senate Resources and Environment Committee and the House Resources and Conservation Committee. However, the legislature did not authorize any permanent fee rules; as a result, the Land Board adopted this chapter as a temporary rule, effective March 20, 2020. The temporary rule will be published in a special edition of the Administrative Bulletin in April 2020. (See Docket No. 20-0000-2000F.)

Documents Required by Idaho Administrative Procedure Act

Notice of Intent to Promulgate Rules – Administrative Bulletin Volume 19–6, June 5, 2019 – Page 63

Summary of Negotiated Rulemaking (pdf)

Notice of Rulemaking – Proposed Rule – Administrative Bulletin Volume 19-9, September 4, 2019 – Page 359

Notice of Adoption of Pending Rule – Administrative Bulletin Volume 19-12, December 4, 2019 – Page 151

Overview

The passage of House Bill 141 during the 2019 legislative session significantly amended definitions and terminology associated with Idaho’s Reclamation Fund, also known as the Bond Assurance Fund.

Pursuant to Title 47, Chapter 18, Idaho Code, IDL manages the Bond Assurance Fund, which provides affordable and attainable financial assurances for mining operators, allowing compliance with Idaho’s mining regulations.

This rulemaking will address:
 •  definitions and terminology;
 •  potential expansion of the fund’s acreage limit to allow more participation; and
 •  potential removal of mandatory participation requirements, allowing operators to provide other types of financial assurances.

Proposed Rulemaking Schedule

PROPOSED RULEMAKING PUBLIC COMMENT PERIOD: September 4-25, 2019
IDL encourages public participation by either attending the scheduled public hearing or providing written comments to IDL during the open comment period.

PUBLIC HEARING
Monday, September 16, 2019, 2:30 p.m. MDT – Boise, ID | Agenda | Sign-in Sheet
Idaho State Capitol Building, 4th floor, Majority Caucus Room (W-433)
700 West Jefferson Street, Boise, Idaho 83702  

Written Public Comments on Proposed Rule

Submitted by Idaho Department of Lands, Eric Wilson on 09/24/2019

Negotiated Rulemaking Schedule

NEGOTIATED RULEMAKING PUBLIC COMMENT PERIOD: June 5 through July 15, 2019
IDL encourages public participation by either attending any of the following scheduled negotiated rulemaking public meetings or providing written comments to IDL during the comment period specified above.

NEGOTIATED RULEMAKING PUBLIC MEETING SCHEDULE

Date	Location	Agenda	Sign-in Sheet	Presentation
June 12, 2019	Pocatello
June 13, 2019	Challis
June 18, 2019	Coeur d'Alene
June 19, 2019	McCall
June 20, 2019	Boise

IDL may schedule additional negotiated rulemaking meetings or cancel previously scheduled meetings contingent upon the outcomes obtained on issues arising from these negotiation proceedings.

Draft Negotiated Rule and Related Documents

Draft Rule Text No. 1	06/10/2019
Draft Rule Text No. 2	07/03/2019

Written Public Comments on Draft Negotiated Rule

Bureau of Land Management, Joseph Larsen  – 07/11/2019