IDAPA 20.03.03
This rule sets participation criteria for the Reclamation Fund, which is an alternative form of financial assurance for certain mines in Idaho. Participating in this Fund is an affordable and attainable way to secure the financial assurance required by law. If an operator is unable to complete reclamation, the Fund is used to ensure that lands are properly reclaimed.
Reclaiming lands disturbed by exploration and mining operations is to protect the public health, safety, and welfare as well as protect wildlife, domestic animals, and aquatic resources.
This rule implements the following statutes passed by the Idaho Legislature:
Mines and Mining -
Public Lands -
Department of Lands
300 N. 6th Street, Suite 103
P.O. Box 83720
Boise, Idaho 83720-0050
Phone: (208) 334-0200
Fax: (208) 334-3698
Email: rulemaking@idl.idaho.gov
https://www.idl.idaho.gov/
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
20.03.03 – Rules Governing Administration of the Reclamation Fund
000. Legal Authority. ... 3
001. Scope. ... 3
002. -- 009. (Reserved) ... 3
010. Definitions. ... 3
011. -- 015. (Reserved) ... 4
016. Required Participants. ... 4
017. Ineligible Mines Or Operators. ... 4
018. Acreage And Reclamation Cost Limitations. ... 5
019. Optional Participation. ... 5
020. Federal Agency Non-Acceptance Of Reclamation Fund. ... 5
021. -- 025. (Reserved) ... 5
026. Payment. ... 5
027. -- 030. (Reserved) ... 6
031. Enforcement And Failure To Comply. ... 6
032. Minimum Balance For The Reclamation Fund. ... 6
033. -- 999. (Reserved) ... 6
These rules are promulgated by the Board under Sections 58-104 (6) and 58-105, Idaho Code, and Title 47, Chapter 18, Idaho Code. The Board has delegated to the Director the duties and powers under Title 47, Chapter 18, Idaho Code and these rules. (7-1-24)
These rules constitute the Department’s administrative procedures for implementation of the Act with the intent to provide an alternative form of financial assurance for certain mines in Idaho. These rules are to be construed in a manner consistent with the duties and responsibilities of the Board and of operators, permit holders, or lessees as set forth in “Mineral Rights in State Lands; Dredge Mining Act; Mined Land Reclamation Act; IDAPA 20.03.01, “Dredge and Placer Mining Operations in Idaho;” IDAPA 20.03.02, “Rules Governing Mined Land Reclamation;” and IDAPA 20.03.05, “Riverbed Mineral Leasing In Idaho.” (7-1-24)
Except as provided in these rules, the Board adopts the definitions set forth in the Mineral Rights in State Lands, the Dredge Mining Act, and the Mined Land Reclamation Act. As used in these rules: (7-1-24)
01. Actual Allowable Cost. The allowable total reclamation cost as set by the Board to allow participation in the Reclamation Fund. (7-1-24)
02. Actual Allowable Disturbance. The area of disturbed acres or affected land as set by the Board to allow participation in the Reclamation Fund. (7-1-24)
03. Board. The Idaho State Board of Land Commissioners or its authorized representative. (7-1-24)
04. Department. The Idaho Department of Lands. (7-1-24)
05. Disturbed Acres; Affected Lands. (7-1-24)
a. Any land, natural watercourses, or existing stockpiles or waste piles affected by placer or dredge mining, remining, exploration, stockpiling of ore, waste from placer or dredge mining, or construction of roads, settling ponds, structures, or facilities appurtenant to a placer or dredge mine; (7-1-24)
b. The land area included in overburden disposal areas, mined areas, mineral stockpiles, roads, tailings ponds, and other areas disturbed at a mine; and (7-1-24)
c. The land area disturbed by motorized exploration of state land under a mineral lease. (7-1-24)
06. Dredge Mining Act. Idaho Dredge and Placer Mining Protection Act, Title 47, Chapter 13, Idaho Code, and IDAPA 20.03.01, “Dredge and Placer Mining Operations in Idaho.” (7-1-24)
07. Financial Assurance. (7-1-24)
a. Cash, corporate surety bond, collateral bond, or letter of credit as described in the Dredge Mining Act, or the Mineral Rights in State Lands; and (7-1-24)
b. Financial assurance as defined in the Mined Land Reclamation Act. (7-1-24)
08. Mine; Mine Panel. All areas designated by the operator on the map or plan submitted pursuant to Section 47-703A, Idaho Code, or Section 47-1506, Idaho Code, or as an identifiable portion of a placer or dredge mine on the map submitted under Section 47-1317, Idaho Code. (7-1-24)
09. Mined Land Reclamation Act. Title 47, Chapter 15, Idaho Code, and IDAPA 20.03.02, “Rules Governing Mined Land Reclamation.” (7-1-24)
10. Mineral Lease. Lease executed by the Board and the mineral lessee pursuant to the Mineral Rights in State Lands. (7-1-24)
11. Mineral Lessee. The lessee of a mineral lease. (7-1-24)
12. Mineral Rights in State Lands. Title 47, Chapter 7, Idaho Code. (7-1-24)
13. Mining Reclamation Plan. Any reclamation plan approved pursuant to the Mined Land Reclamation Act. (7-1-24)
14. Motorized Exploration. Exploration which may appreciably disturb or damage the land or resources thereon. Motorized exploration includes, but is not limited to, drilling, trenching, dredging, or other techniques which employ the use of earth moving equipment, seismic operations using explosives, and includes sampling with a suction dredge having an intake diameter greater than two (2) inches when operated in a perennial stream. When operated in an intermittent stream, suction dredges will be considered motorized exploration regardless of intake size. (7-1-24)
15. Operator. Any person or entity authorized to conduct business in Idaho, partnership, joint venture, or public or governmental agency required to have any reclamation plan under the Mined Land Reclamation Act or the Mineral Rights in State Lands, or a permit under the Dredge Mining Act, whether individually or jointly through subsidiaries, agents, employees, or contractors. (7-1-24)
16. Permit. Dredge or placer mining permit issued pursuant to the Dredge Mining Act. (7-1-24)
17. Reclamation Fund. The interest-bearing dedicated fund authorized pursuant to the Reclamation Fund Act. (7-1-24)
18. Reclamation Fund Act; Act. Title 47, Chapter 18, Idaho Code, and IDAPA 20.03.03, “Rules Governing Administration of the Reclamation Fund.” (7-1-24)
Any operator, with the exception of the mines and operators listed in Sections 017 and 019 of these rules, will be required to provide alternative financial assurance through the Reclamation Fund to assure the reclamation of disturbed acres or affected lands. Alternative financial assurance pursuant to the Reclamation Fund Act is in lieu of other types of financial assurance as set forth in the Mined Land Reclamation Act, the Mineral Rights in State Lands, or the Dredge Mining Act. (7-1-24)
The following types of mines and operators are not allowed to participate in the Reclamation Fund and must file proof of other acceptable financial assurance as required by the Department. (7-1-24)
01. Disturbed Acres Limit. A mine or mineral lease with un-reclaimed disturbed acres in excess of the actual allowable disturbance may not provide alternative financial assurance through the Reclamation Fund. Un-reclaimed disturbance is that which does not meet the final financial assurance release criteria in the Dredge Mining Act, the Mined Land Reclamation Act, or the Mineral Rights in State Lands. (7-1-24)
02. Reclamation Cost Limit. Operators with an estimated reclamation cost in excess of the actual allowable reclamation cost, regardless of the disturbed acres. (7-1-24)
03. Phosphate Mines. Operators or mineral lessees of phosphate mines. (7-1-24)
04. Hardrock Mines. Operators or mineral lessees of hardrock mines such as gold, silver, molybdenum, copper, lead, zinc, cobalt, and other precious or base metal mines. (7-1-24)
05. Potential Heavy Metal Releases. Operators of mines with a reasonable potential to release heavy metals or other substances harmful to human health or the environment, but not including substances such as fuels and other materials commonly used in excavation or construction. (7-1-24)
06. Oil and Gas Conservation. Oil and gas exploration and development under Title 47, Chapter 3,
Idaho Code. (7-1-24)
07. Oil and Gas Leasing. Oil and gas leases and associated exploration and development under Title 47, Chapter 8, Idaho Code. (7-1-24)
08. Geothermal. Operators or mineral lessees of geothermal wells and development under Title 47, Chapter 16, Idaho Code. (7-1-24)
09. Off Lease Exploration. Motorized exploration on state lands that are not under a mineral lease or exploration location. (7-1-24)
10. Violators. Mines or operators in violation of the Act, Dredge Mining Act, Mined Land Reclamation Act, or Mineral Rights in State Lands. (7-1-24)
11. Reclamation Fund Forfeitures. Operators, permittees or lessees who have not reimbursed the Reclamation Fund for a forfeiture from the Reclamation Fund due to their violations of the Reclamation Fund Act, Dredge Mining Act, Mined Land Reclamation Act, or Mineral Rights in State Lands. (7-1-24)
12. Other Forfeitures. An operator who has forfeited any financial assurance. (7-1-24)
13. Operators Providing Acceptable Financial Assurance. An operator who provides proof of financial assurance accepted by the Department that is greater than or equal to the minimum dollar per acre for each acre of affected land at a mine. (7-1-24)
01. Actual Allowable Participation. The Board will establish by policy the actual allowable disturbance, actual allowable reclamation cost, and the minimum dollar per acre of disturbance in order to provide financial assurance to opt out of participation in the Reclamation Fund. (7-1-24)
02. Maximum Disturbance and Reclamation Cost. The maximum allowable disturbance is eighty (80) acres; the maximum allowable reclamation cost is four hundred forty thousand dollars ($440,000). (7-1-24)
03. Multiple Plans or Permits. An operator who has multiple mining reclamation plans or permits that have a total disturbance in excess of the actual allowable disturbance, or with total reclamation costs in excess of the actual allowable reclamation cost, may participate in the Reclamation Fund with one (1) or more sites that together contain less than both of the Board-established actual allowable limits. (7-1-24)
Operators who have one (1) or more mines or mineral leases that are ineligible to participate in the Reclamation Fund as set forth in Section 017 of these rules may choose to not participate in the Reclamation Fund with respect to all other eligible mines or mineral leases in their name. An operator who does not participate in the Reclamation Fund must secure all mines with other types of financial assurance approved by the Department. (7-1-24)
If a federal agency will not accept an operator’s participation in the Reclamation Fund as proof of reclamation security, the operator will be required to provide the Department with proof of other types of financial assurance acceptable to the Department and the federal agency. (7-1-24)
01. Board Approved Payment Schedule. The Board will adopt a payment schedule that sets the annual Reclamation Fund payment for each operator participating in the Reclamation Fund. Any changes to the payment schedule must be approved by the Board. New participants will be assessed a pro-rated payment based on the Department’s established billing cycle. (7-1-24)
02. Acreage Calculation. The annual payment for each participant in the Reclamation Fund will be established based upon the number of disturbed acres at each mine. The acres used to calculate the annual payment will include the total current disturbed acres of affected lands and the acres planned to be disturbed or affected during the next twelve (12) months. The total acreage calculation will not be rounded when determining annual payments. (7-1-24)
03. Annual Payments Non-Refundable. Payments to the Reclamation Fund will be billed annually and are non-refundable. (7-1-24)
04. Late Payments. Payments not received by the due date are considered late and will result in the following monthly charges: (7-1-24)
a. A late charge of twenty-five dollars ($25) or one percent (1%) of the unpaid principal obligation, whichever is greater; and (7-1-24)
b. An interest charge of one percent (1%) on the unpaid principal obligation. (7-1-24)
05. Supplemental Payments. If an operator affects more acreage than the acreage secured through the Reclamation Fund for a current period, the Department may require supplemental Reclamation Fund payments. (7-1-24)
06. Assignment. When a mineral lease, mining reclamation plan, or permit is assigned, all financial assurance requirements must be assumed by the new operator. No Reclamation Fund payments will be refunded following an assignment. If the new operator is ineligible to participate in the Reclamation Fund, the new operator must provide proof of other acceptable financial assurance before the assignment may be approved. (7-1-24)
07. Non-Payment Constitutes Lack of Bonding. For any operator participating in the Reclamation Fund, non-payment of the annual payment will be considered a failure to provide financial assurance as required by the Dredge Mining Act, the Mined Land Reclamation Act, or Mineral Rights in State Lands. (7-1-24)
027. -- 030. (RESERVED)
01. Forfeiture. Prior to withdrawing monies from the Reclamation Fund due to a violation of the Dredge Mining Act, the Mined Land Reclamation Act, or Mineral Rights in State Lands, the Department will comply with the respective financial assurance forfeiture procedures. (7-1-24)
02. Penalties. If an operator fails to provide financial assurance as required by these rules or has forfeited monies from the Reclamation Fund and has not repaid those monies, the Board is authorized to file liens against personal property and equipment of the operator to recover costs. The operator is liable for actual costs of all unpaid annual payments, interest, and late payment charges, the actual reclamation costs, and administrative costs incurred by the Department in reclaiming the disturbed or affected lands. Authorization to obtain a lien under these rules and Section 47-1804, Idaho Code, is in addition to, not in lieu of, any other legal remedy available to the Board and the Department pursuant to the Dredge Mining Act, Mined Land Reclamation Act, or Mineral Rights in State Lands. (7-1-24)
The Board will determine a reasonable minimum balance for the Reclamation Fund. (7-1-24)
033. -- 999. (RESERVED)