47-1501. PURPOSE OF CHAPTER. It is the purpose of this chapter to provide for the protection of the public health, safety and welfare through measures to reclaim the surface of all the lands within the state disturbed by exploration and surface and underground mining operations and measures to assure the proper closure of cyanidation facilities […]
47-1502. SHORT TITLE. This act shall be known and may be cited as the "Idaho mined land reclamation act." The reclamation provisions of this act shall not apply to mining operations regulated by the Idaho dredge and placer mining protection act, nor shall such provisions apply to any workings at an underground mine below the […]
47-1503. DEFINITIONS. Wherever used or referred to in this chapter, unless a different meaning clearly appears from the context: (1) "Board" means the state board of land commissioners or such department, commission, or agency as may lawfully succeed to the powers and duties of such board. (2) "Cyanidation" means the method of extracting target precious […]
47-1504. BOARD OF LAND COMMISSIONERS — RESPONSIBILITY. The state board of land commissioners is charged with the responsibility of administering this act in accordance with the purpose of the act and the intent of the legislature. The director of the department of lands shall, upon authorization of the board, exercise the powers and discharge the […]
47-1505. DUTIES AND POWERS OF BOARD. In addition to the other duties and powers of the board prescribed by law, the board is granted and shall be entitled to exercise the following authority and powers and perform the following duties: (1) To administer and enforce the provisions of this chapter and the rules and orders […]
47-1506. OPERATOR — DUTIES PRIOR TO OPERATION — SUBMISSION OF MAPS AND PLANS. (a) Any operator desiring to conduct mining operations within the state of Idaho for the purpose of immediate or ultimate sale of the minerals in either the natural or processed state shall submit to the board prior to commencing such mining operations […]
47-1507. PLAN — APPROVAL OR REJECTION BY BOARD — HEARING. (a) Upon determination by the board that a reclamation or permanent closure plan or any amended plan submitted by an operator meets the requirements of this chapter, the board shall deliver to the operator, in writing, a notice of approval of such plan, and thereafter […]
47-1508. AMENDED PLAN — SUPPLEMENTAL PLAN — SUBMISSION. (a) In the event that a material change in circumstances arises that the operator, or the board, believes requires a change in an approved plan, including any amended plan, then the operator shall submit to the board a supplemental plan setting forth the proposed changes and the […]
47-1509. PROCEDURES IN RECLAMATION. (a) Except as otherwise provided in this act, every operator who conducts exploration or mining operations that disturb two (2) or more acres within the state of Idaho shall perform the following reclamation activities: (1) Ridges of overburden shall be leveled in such manner as to have a minimum width of […]
47-1510. VEGETATION PLANTING. (a) Except as otherwise provided in this act, an operator shall plant, on affected lands, vegetation species that can be expected to result in vegetation comparable to the vegetation that was growing on the area occupied by the affected lands prior to the exploration and mining operations. (b) No planting shall be […]
47-1511. RECLAMATION ACTIVITIES — TIME LIMITATIONS. (a) All reclamation activities required to be conducted under this act shall be performed in a good and workmanlike manner, with all reasonable diligence, and as to a given exploration drill hole, road or trench, within one (1) year after abandonment thereof. (b) The reclamation activity as to a […]
47-1512. FINANCIAL ASSURANCE — REQUISITES. (a) Prior to conducting any mining operations on a mine panel covered by an approved reclamation plan or operating a cyanidation facility covered by an approved permanent closure plan, an operator shall submit to the board financial assurance meeting the requirements of this section. (1) The initial reclamation financial assurance […]
47-1513. OPERATOR’S FAILURE TO COMPLY — FORFEITURE OF FINANCIAL ASSURANCE — PENALTIES — RECLAMATION FUND — CYANIDATION CLOSURE FUND. (a) Whenever the board determines that an operator has not complied with the provisions of this chapter, the board may notify the operator of such noncompliance and may, by private conference, conciliation, and persuasion, endeavor to […]
47-1514. APPEAL FROM FINAL ORDER — PROCEDURE. (a) Any operator dissatisfied with any final order of the board made pursuant to this chapter may, within sixty (60) days after notice of such order, obtain judicial review thereof by appealing to the district court of the state of Idaho for the county wherein the operator resides […]
47-1515. INFORMATION. Any information supplied by an operator to the board, the director, or the department of lands, and designated by such operator as confidential, shall be subject to disclosure according to chapter 1, title 74, Idaho Code. History: [47-1515, added 1971, ch. 206, sec. 15, p. 898; am. 1974, ch. 17, sec. 38, p. […]
47-1516. DEPOSIT OF FORFEITURES AND DAMAGES. All forfeitures and civil damages collected under the provisions of this act shall be deposited with the state treasurer in a special fund to be used by the board for mined land reclamation purposes. History: [47-1516, added 1971, ch. 206, sec. 16, p. 898; am. 2019, ch. 226, sec. […]
47-1517. CONDUCT OF ACTIVITIES. (a) An operator shall conduct all exploration and mining operations in accordance with all applicable statutes and regulations pertaining to water use and mining safety applicable to exploration and mining operations. (b) An operator desiring to operate a cyanidation facility within the state of Idaho shall conduct all related activities in […]
47-1518. EFFECTIVE DATE — APPLICATION OF CHAPTER. (a) The reclamation provisions of this chapter shall be in full force and effect on and after May 31, 1971. A surface mine operator shall not be required to perform the reclamation activities referred to in this chapter as to any surface mining operations performed prior to May […]
47-1519. APPLICATION OF CHAPTER TO MINERAL EXTRACTION FOR PUBLIC HIGHWAY PURPOSES. Notwithstanding any other provision of law to the contrary, the bonding provisions of this chapter shall not apply to any surface mining operations conducted by a public or governmental agency for maintenance, repair, or construction of a public highway. Surface mining operations conducted by […]
