Idaho Administrative Code — Lands, Department of

IDAPA 20 Lands, Department of

20.03.04 Rules for Encroachments on Navigable Lakes

IDAPA 20.03.04.000 Legal Authority

Sections 58 -104(6), 58-104(9), 58-105, and 58-127, Idaho Code; Title 58, Chapter 13, Idaho Code; and Title 67, Chapter 52, Idaho Code.(7-1-26)

IDAPA 20.03.04.001 Scope

These rules govern encroachments on, in, or above navigable lakes in the state of Idaho.(7-1-26)

IDAPA 20.03.04.002 Administrative Appeals

Any person aggrieved by any final decision or order of the Board is enti tled to judicial review pursuant to Title 58, Chapter 13, Sections 58-1305 and 58-1306, Idaho Code, and Sections 025, 030, and 080 of these rules.(7-1-26)

IDAPA 20.03.04.003 Incorporation by Reference

The following documents are incorporated by reference into these rules:

01.IDAPA 24.39.10, “Rules of the Idaho Electrical Board.” IDAPA 24.39.10 is available at https:// adminrules.idaho.gov/rules/current/24/243910.pdf.(3-18-22)

02.IDAPA 24.39.20, “Rules Governing Plumbing.” This rule is available at https:// adminrules.idaho.gov/rules/current/24/243920.pdf.(3-18-22) 03.33 CFR Part 62, revised as of July 27, 2015 (United States Aids to Navigation System). The Electronic Code of Federal Regulations (eCFR) is available at https://www.ecfr.gov/cgi-bin/ECFR.(7-1-26)

04.IDAPA 18.08.01, “Idaho Department of Insurance State Fire Marshal – Adoption of the International Fire Code”. This rule is available at https://adminrules.idaho.gov/rules/current/18/180801.pdf.

IDAPA 20.03.04.004 (Reserved)

IDAPA 20.03.04.010 Definitions

Additional definitions can be found in T itle 58, Chapter 13, Idaho Code.(7-1-26)

01.Adjacent. Contiguous or touching, and with regard to land or land ownership having a common boundary.(3-18-22)

02.Aids to Navigation (ATON). Buoys, beacons, warning lights, and other encroachments used to determine position or safe courses.(7-1-26)

03.Boat Garage. A nonnavigational encroachment with one (1) or more slips that is completely enclosed with walls, roof, and doors.(7-1-26)

04.Boat Lift. A navigational encroachment for mooring boats partially or entirely out of the water.

05.Boat Ramp. A navigational encroachment or improved surface extending below the ordinary or artificial high water mark whereby watercraft or equipment are launched from land-based vehicles or trailers.

06.Breakwater. A navigational encroachment that is designed to protect moorage by reducing wave energy.(7-1-26)

07.Commercial Marina. A commercial navigational encroachment whose purpose is to provide at least fifty percent (50%) of its moorage for rental or for free to the general public.(7-1-26)

08.Commercial Navigational Encroachment. A navigational encroachment used for commercial purposes.(3-18-22)

09.Community Dock. A navigational encroachment that provides private moorage for three (3) or more adjacent littoral owners, or other littoral owners possessing a littoral common area with littoral rights including, but not limited to homeowner’s associations. No public access is required for a community dock.(7-1-26)

10.Covered Slip. A slip, or group of slips, covered by a frame, canopy, and eaves that do not extend beyond the underlying dock.(7-1-26)

11.Department. The Idaho Department of Lands.(7-1-26)

12.Director. The head of the Idaho Department of Lands or their designee.(7-1-26)

13.Dredging. The removal of earthen material below the ordinary or artificial high water mark. The term “dredging” may also be used interchangeably with “excavating”.(7-1-26)

14.Float Home. A nonnavigational encroachment that is designed and built to be used, or is modified to be used, as a stationary residential dwelling and is not self-propelled.(7-1-26)

15.Floating Toys. Trampolines, inflatable structures, water ski courses, slides, and other nonnavigational recreational equipment that are not permanently anchored to the lake bed and are either located between the shoreline and the line of navigability or are waterward of the line of navigability for less than twenty-four (24) consecutive hours.(7-1-26)

16.Jet Ski Ramp, Port, or Lift. A navigational encroachment for mooring jet skis or other personal watercraft similar to a boat lift.(7-1-26)

17.Line of Navigability. A line located at such distance waterward of the low water mark established by the length of existing legally permitted encroachments, water depths waterward of the low water mark, and by other relevant criteria determined by the Board when a line has not already been established for the body of water in question.(7-1-26)

18.Littoral Owner. The fee owner of land adjacent to a navigable lake, or a lessee, or the owner of littoral rights that have been segregated from the fee specifically by deed, lease, or other grant.(7-1-26)

19.Littoral Right Lines. Lines that extend waterward from the intersection of the artificial or ordinary high water mark and an upland ownership boundary to the line of navigation.(7-1-26)

20.Low Water Mark. That line or elevation on the bed of a lake marked or located by the average low water elevations over a period of years, and marks the point to which the riparian rights of adjoining landowners extend as a matter of right, in aid of their right to use the waters of the lake for purposes of navigation.(3-18-22)

21.Marine Motor Fuel-Dispensing Facility. A nonnavigational encroachment where flammable and/ or combustible liquids or gases used as fuel for watercraft are stored and dispensed from fixed equipment on shore, piers, wharves, floats or docks into the fuel tanks of marine craft and includes all other facilities used in connection therewith.(7-1-26)

22.Moorage. A place to secure float homes, boat garages, and watercraft.(7-1-26)

23.Party. Each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.(3-18-22)

24.Person. Any individual, partnership, corporation, association, governmental subdivision or agency, or public or private organization or entity of any character.(7-1-26)

25.Piling. Posts that are driven into the lakebed and used to secure floating docks and other structures.

26.Public Hearing. The type of hearing where members of the public and other interested parties or agencies are allowed to comment, in written or oral form, on the record at a public meeting held at a set time and place and presided over by a designated hearing officer. This type of hearing is an informal opportunity for public comment and does not involve the presentation of witnesses, cross examination, oaths, or the rules of evidence. A recording of any oral presentations at these hearings will be taken.(7-1-26)

27.Public Trust Doctrine. The duty of the State to its people to ensure that the use of public trust resources is consistent with identified public trust values. This common law doctrine has been interpreted by decisions of the Idaho Appellate Courts and is codified at Title 58, Chapter 12, Idaho Code.(3-18-22)

28.Pylon. A post that is placed into the lakebed and used to support encroachments.(7-1-26)

29.Residential Area. Any space used for habitation, whether temporarily or permanently, that may include, but is not limited to sleeping arrangements, cooking appliances, bathroom facilities, living amenities, recreational or entertaining space, or utility connections.(7-1-26)

30.Seawall. A nonnavigational encroachment constructed to prevent erosion to an area of land.

31.Single-Family Dock. A navigational encroachment providing noncommercial moorage that serves one (1) waterfront owner.(7-1-26)

32.Slip. Moorage for watercraft with pier or dock structures on at least two (2) sides of the moorage.

33.Submerged Lands. The state-owned beds of navigable lakes, rivers and streams below the ordinary high water mark.(7-1-26)

34.Two-Family Dock. A navigational encroachment providing noncommercial moorage that serves two (2) separate adjacent waterfront owners.(7-1-26)

35.Upland. The land above the ordinary high water mark bordering on navigable lakes, rivers, and streams.(7-1-26)

36.Water Line. A nonnavigational encroachment used to collect or discharge water.(7-1-26)

IDAPA 20.03.04.011 Abbreviations

01.O/AHWM. Ordinary or Artificial High Water Mark.(7-1-26)

IDAPA 20.03.04.012 Policy

01.Public Trust Resource Protection and Navigational or Economic Necessity, Justification, or Benefit. It is the express policy of the State of Idaho that the public health, interest, safety and welfare requires that all encroachments upon, in or above the beds or waters of navigable lakes of the state be regulated in order that the protection of property, navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty and water quality be given due consideration and weighed against the navigational or economic necessity or justification for, or benefit to be derived from the proposed encroachment. Moreover, it is the responsibility of the Board to regulate and control the use or disposition of state-owned lake beds, to provide for their commercial, navigational, recreational or other public use.(7-1-26)

02.No Encroachments Without Permit. No encroachment on, in or above the beds or waters of any navigable lake may be made without approval as provided in these rules. An encroachment permit may require a submerged land lease. An encroachment permit for a specific activity or encroachment does not guarantee continued use if the activity or encroachment is subsequently found to substantially interfere with navigation or commerce.

IDAPA 20.03.04.013 (Reserved)

IDAPA 20.03.04.015 Encroachment Standards

01.Single-Family and Two-Family Docks.(7-1-26)

a.Total waterfront ownership must include at least twenty-five (25) linear feet of shoreline for singlefamily docks or fifty (50) feet of linear shoreline for two-family docks.(7-1-26)

b.No part of the encroachment waterward of the O/AHWM may exceed ten (10) feet in width, excluding the slip cut out.(7-1-26)

c.Total surface decking area waterward of the O/AHWM, including approach ramp and walkway, may not exceed seven hundred (700) square feet for a single-family dock or one thousand one hundred (1,100) square feet for a two-family dock.(7-1-26)

d.No portion of the encroachment may extend beyond the line of navigability.(7-1-26)

e.A variance to the standards in this Subsection 015.01 will only be approved by the Department when justified by site specific considerations. Any variance granted may require a lease per IDAPA 20.03.17.

02.Community Docks.(3-18-22)

a.No part of the encroachment waterward of the O/AHWM may exceed ten (10) feet in width except breakwaters when justified by site specific conditions and approved by the Department.(7-1-26)

b.Total waterfront ownership must have at least fifty (50) linear feet of combined shoreline frontage.

c.The surface decking area of the community dock is limited to the greater of seven hundred (700) square feet or the product of the linear feet of the upland shoreline multiplied by seven (7) feet. The Department, in its sole discretion, may limit the surface decking area when site specific considerations justify a reduction to protect public trust resources.(7-1-26)

d.The Department may allow the surface decking area of a community dock to exceed the size limitations if the need for a breakwater is demonstrated.(7-1-26)

e.A permit is required to convert an existing community dock into a commercial marina.(7-1-26)

03.Commercial Marina.(3-18-22)

a.At least fifty percent (50%) of moorage at a commercial marina must be available to the general public on either a first come, first served basis for free or rent, or for lease not to exceed one (1) year. Moorage leases may be renewed annually, not to exceed one (1) year. Public moorage must not require membership in a club or organization.(7-1-26)

b.A permit is required to convert an existing commercial marina into any other type of encroachment.

Commercial marinas must keep at least fifty percent (50%) of their moorage available to the general public. The permit application must illustrate and clearly depict which is public moorage and which is private moorage. (7-1-26)

c.If local city or county ordinances governing parking requirements for marinas have not been adopted, commercial marinas must provide at least one (1) upland parking space per two (2) public watercraft or float home moorages. If private moorage is tied to designated parking spaces or areas, then the commercial marina must provide at least one (1) upland parking space per one (1) private watercraft or float home moorage. In the event of conflict, the local ordinances prevail.(7-1-26)

d.Moorage that is not available for public use as described in Paragraph 015.03.a. of these rules is private moorage.(3-18-22)

e.When calculating the moorage percentage, the amount of public moorage is to be compared to the amount of private moorage. Commercial marinas with private float home moorage are required to provide either nonprivate float home moorage or two (2) public use boat moorages for each private float home moorage in addition to any other required public use boat moorages.(7-1-26)

f.When private moorage is permitted, the public moorage must be of similar size and quality as private moorage, except for float home moorage as provided in Paragraph 015.03.f.(3-18-22)

g.Commercial marinas with private moorage must form a condominium association, co-op, or other entity that owns and manages the marina, littoral rights, upland property sufficient to maintain and operate a marina.

This entity is responsible for obtaining and maintaining an encroachment permit under these rules and a submerged lands lease under IDAPA 20.03.17.(7-1-26)

04.Covered Slip.(3-18-22)

a.Covered slips, regardless of when constructed, may not have a temporary or permanent residential area.(3-18-22)

b.Covered slips with hard roofs and up to three (3) walls may be maintained or replaced at their current size if previously permitted or constructed prior to January 1, 1975. These structures may not be expanded nor converted to boat garages.(7-1-26)

c.Covered slips may not be supported by extra piling nor constructed with hard roofs.(3-18-22)

d.Covered slips should have colors that blend with the natural surroundings and are approved by the Department.(7-1-26)

e.Covered slips must be constructed as canopies without sides unless the following standards are followed:(7-1-26)

i.At least two (2) feet of open space is left between the bottom of the cover and the dock or pier surface; and(3-18-22)

ii.Fabric for canopy and sides will transmit at least seventy-five percent (75%) of the natural light.

05.Boat Garage.(3-18-22)

a.Boat garages must only be used for mooring watercraft, and may not have separate fully enclosed rooms, overhead storage, or a residential area of any kind as defined by these rules.(7-1-26)

b.Applications for permits to construct new boat garages, or to expand the height or square footage of existing boat garage are no longer accepted unless the application is to support local emergency services.(7-1-26)

c.A permit is required to replace or relocate an existing boat garage. A new boat garage may not be expanded in size or height, and must retain the original square footage and footprint.(7-1-26)

06.Breakwaters. Breakwaters will not be authorized below the low water mark without an extraordinary showing of need, provided, however that this does not apply to floating breakwaters secured by piling and used to protect private property from recurring wind, wave, or ice damage, or used to control traffic in busy areas of lakes. The breakwater must be designed to counter wave actions of known wave heights and wave lengths.

07.Seawalls. Seawalls should be placed at or above the O/AHWM, if possible. Seawalls are nonnavigational and placement waterward of the O/AHWM will generally not be allowed.(7-1-26)

08.Riprap.(3-18-22)

a.Riprap used to stabilize shorelines will consist of rock or other materials that are appropriately sized to resist movement from anticipated wave heights or tractive forces of the water flow. The rock must be sound, dense, durable, and angular rock resistant to weathering and free of fines. The riprap must overlie a distinct filter layer that consists of sand, gravel, or nonwoven geotextile fabric. The riprap and filter layer must be keyed into the bed below the O/AHWM, as applicable. If the applicant wishes to install riprap with different standards, they must submit a design that is signed and stamped for construction purposes by a professional engineer registered in the state of Idaho.(7-1-26)

b.Riprap used to protect the base of a seawall or other vertical walls may not need to be keyed into the bed and may not require a filter layer, at the Department’s discretion.(3-18-22)

09.Mooring Buoys. Buoys must be installed a minimum of thirty (30) feet away from littoral right lines of adjacent littoral owners. One (1) mooring buoy per littoral owner may be allowed for single-family encroachments.(7-1-26)

10.Float Homes.(3-18-22)

a.Applications for permits to construct new float homes, convert existing encroachments into float homes, or to expand the total square footage of the existing footprint, will not be accepted.(7-1-26)

b.A permit is required to relocate, rebuild, or add another story to existing float homes. Applications are subject to the following requirements:(7-1-26)

i.The applicant must provide proof of ownership or long term lease of the upland parcels adjacent to the relocation site.(7-1-26)

ii.The applicant must provide detailed, scaled drawings approved by an engineer licensed in the state of Idaho that accurately illustrate and depict all interior and exterior features, layouts, and dimensions.(7-1-26)

iii.The applicant must show that all wastes and waste water will be transported to shore disposal systems by a method approved by the Idaho Department of Environmental Quality or the appropriate local health authority. Applicant must either obtain a letter from the local sewer district stating that the district will serve the float home or demonstrate that sewage will be appropriately handled and treated. Applicant must also provide a statement from a professional plumber licensed in the state of Idaho that the plumbing was designed in accordance with IDAPA 24.39.20, as incorporated by reference in Section 003 of these rules, installed properly, and has been pressure tested.

11.Excavating or Dredging.(7-1-26)

a.Excavating or dredging requires an encroachment permit and are processed in accordance with Section 030 of these rules.(7-1-26) b.

Dredging to improve access to navigable waters mus t have a clear environmental, economic, or social benefit to the public, and must not result in any appreciable environmental degradation. Dredging will not be approved if the cumulative effects of these features would be adverse to fisheries or water quality.(7-1-26)

c.Whenever practical, dredging must benefit more than one (1) littoral owner or a commercial marina; provided, however, dredging will not be approved that will provide access for watercraft to nonlittoral owners.(7-1-26)

12.ATONs. Aids to Navigation will conform to the requirements established by the United States Aid to Navigation system.(3-18-22)

13.General Encroachment Standards.(3-18-22)

a.Square Footage. The square footage limitations in Subsections 015.01 and 015.02 include all encroachments beyond the O/AHWM including the approach, ramp, pier, dock, and all other floating or suspended structures that cover the lake surface, except for:(7-1-26)

i.Boat lifts as allowed pursuant to Paragraph 015.13.b.(3-18-22)

ii.Jet ski ramp, port, or lift as allowed pursuant to Paragraph 015.13.b.(3-18-22)

iii.Slip covers.(3-18-22)

iv.Undecked portions of breakwaters.(3-18-22)

b.Boat Lifts and Jet Ski Lifts.(3-18-22)

i.Single-family docks are allowed one (1) boat lift and two (2) jet ski lifts, or two (2) boat lifts, which are not included in calculating total square footage. Additional lifts will include fifty percent (50%) of the square footage of the largest lifts into calculating total allowable square footage as per Subsection 015.01.(7-1-26)

ii.Two-family docks are allowed either two (2) boat lifts and four (4) jet ski lifts, or four (4) boat lifts, which are not included in calculating total square footage. Additional lifts will include fifty percent (50%) of the square footage of the largest lifts into calculating total allowable square footage as per Subsection 015.01.(7-1-26)

iii.A boat lift or jet ski lift within lines drawn perpendicular from the shore to the outside dock edges will not require a separate permit if the lift is outside the ten (10) foot adjacent littoral owner setback, the lift does not extend beyond the line of navigability, and the lift does not count toward the square footage of the dock as outlined in Subparagraphs 015.13.b.i. and 015.13.b.ii. The permittee must send a revised permit drawing with the lift location as an application to the Department. If the lift meets the above conditions, the application will be approved as submitted.

Future applications must include the lifts.(3-18-22)

iv.Community docks are allowed either one (1) boat lift or two (2) jet ski lifts per moorage. Boat lifts placed outside of a slip must be oriented with the long axis parallel to the dock. Additional lifts will require that fifty percent (50%) of their footprint be included in the allowable square footage of the dock or pier as per Subsection

IDAPA 20.03.04.015 02.(7-1-26)

c.Angle from Shoreline.(3-18-22)

i.Where feasible, all docks, piers, or similar structures must protrude at right angles to the general shoreline as nearly as possible to minimize infringement on adjacent littoral rights.(7-1-26)

ii.Where right angles to the shoreline are not feasible, the Department will work with the applicant to design an acceptable alternative configuration and angle from shore.(7-1-26)

d.Length of Community Docks and Commercial Navigational Encroachments. Docks, piers, or other encroachments may extend as far as necessary to access a water depth that will afford sufficient draft for water craft within the normal accepted line of navigability. The Department may authorize a longer or shorter length if justified by specific site conditions. If a line of navigability has not been established through use, the Department may designate a line of navigability for the purpose of effective administration of these rules.(7-1-26)

e.Presumed Adverse Effect. It will be presumed, subject to rebuttal, that single-family and twofamily navigational encroachments will have an adverse effect upon adjacent littoral rights if located closer than ten (10) feet from adjacent littoral right lines, and that commercial navigational encroachments, community docks or nonnavigational encroachments will have an adverse effect upon adjacent littoral rights if located closer than twentyfive (25) feet to adjacent littoral right lines. Written consent of the adjacent littoral owners will automatically rebut the presumption. All boat lifts and other structures attached to the encroachments are subject to the above presumptions of adverse effects.(7-1-26)

f.Weather Conditions. Encroachments and their building materials must be designed and installed to withstand normally anticipated weather conditions in the area. Docks, piers, and similar structures must be adequately secured to pilings or anchors to prevent displacement due to ice, wind, and waves. Flotation devices must be reasonably resistant to puncture and other damage.(7-1-26)

g.Markers. If the Department determines that an encroachment is not of sufficient size to be readily seen or poses a hazard to navigation, the permit will specify the use of ATONs to clearly identify the navigational hazard.(7-1-26)

h.All encroachments that connect with upland sewer or septic systems must implement the following standards:(7-1-26)

i.The holding tank with pump or grinder unit must be adequately sealed to prevent material from escaping and to prevent lake water from entering. The tank lid must have a gasket or seal, and the lid must be securely fastened at all times unless the system is being repaired or maintained. An audible overflow alarm must also be installed.(7-1-26)

ii.Grinders or solids handling pumps must be used to move sewage from the encroachment to the upland system.(7-1-26)

iii.If solids handling pumps are used, they must have a minimum two (2) inch interior diameter discharge, and the pipe to the shoreline must also have a minimum two (2) inch interior diameter. Connectors used on either end of this pipe may not significantly reduce the interior diameter.(7-1-26)

iv.The pipeline to the shoreline must be a continuous line with no mechanical connections. Check valves and manual shutoff valves must be installed at each end of the line. Butt fused High-Density Polyethylene, two hundred (200) psi black polyethylene pipe, or materials with similar properties must be used. The pipeline must contain sufficient slack to account for the maximum expected rise and fall of the water level. The pipeline must be buried in the lakebed for freeze protection where it will be exposed during periods of low water. Pipelines on the bed of the lake must be appropriately located and anchored so they will not unduly interfere with navigation or other lake related uses.(7-1-26)

v.Manifolds below the O/AHWM that collect two (2) or more sewer lines and then route the discharge to the shore through a single pipe are not allowed. All encroachments must have an individual sewer line from the encroachment to a facility on the shore.(7-1-26)

vi.All permittees will have their encroachment inspected by a professional plumber licensed in the state of Idaho. The inspection will be documented with a report prepared by the inspector. The report will document whether or not the encroachment meets the standards in Paragraph 015.13.h. of these rules, and will be provided to the Department within thirty (30) days of any modification that impacts plumbing.(7-1-26)

i.All electrical work installed on encroachments must be done in accordance with IDAPA 24.39.10, as incorporated by reference in Section 003 of these rules.(7-1-26)

j.All plumbing work on encroachments must be done in accordance with IDAPA 24.39.20, as incorporated by reference in Section 003 of these rules.(7-1-26)

k.All encroachments beyond the O/AHWM mark must adhere to the safety standards set forth in IDAPA 18.08.01, as incorporated by reference in Section 003 of these rules.(7-1-26)

l.Overhead Clearance.(3-18-22)

i.Overhead clearance between the O/AHWM and the structure or wires must be sufficient to pass the largest vessel that may reasonably be anticipated to use the waters in the vicinity of the encroachment. The clearance must not exceed thirty (30) feet unless after public hearing, the Department determines that a higher clearance is necessary for the public’s benefit. Approval of structures or wires presenting a navigational hazard may require adequate safety marking to show clearance and warn the public of the hazard, which will be specified.(7-1-26)

ii.When the permit provides for overhead clearance or safety markings under Paragraph 015.13.l., the Department will consider the applicable requirements of the United States Coast Guard, the Idaho Transportation Department, the Idaho Public Utilities Commission and any other applicable federal, state, or local laws.(7-1-26)

m.Beaded Foam Flotation. Beaded foam flotation must be completely encased in a manner that will maintain the structural integrity of the foam. The encasement must be resistant to the entry of rodents.(3-18-22)

14.Floating Toys.(3-18-22)

a.An encroachment permit is required for floating toys when they are anchored to the lakebed with an anchor that requires equipment for removal or when located waterward of the line of navigability for more than twenty-four (24) consecutive hours.(7-1-26)

15.Marine Motor Fuel Dispensing Facilities.(7-1-26)

a.Any portion of a marine motor fuel dispensing facility located below the O/AHWM requires an encroachment permit. (7-1-26)

16.Fill Material.(7-1-26)

a.The placing of any dredged or fill material on or in the beds or waters of any navigable lake is an encroachment and requires a permit from the Department.(7-1-26)

17.Lake Specific Encroachment Permit Terms.(3-18-22)

a.The Department may use encroachment permit conditions specific to individual waterways if necessary to protect public trust resources and the permit condition is approved by the Land Board.(7-1-26)

b.Lake specific encroachment permit conditions may supplement, negate, or alter encroachment standards established in Section 015 of these rules.(3-18-22)

c.Lake specific encroachment permit conditions will be used to assist with implementing lake management plans authorized by Title 39, Chapter 66, Idaho Code; Title 39, Chapter 85, Idaho Code; Title 67, Chapter 43, Idaho Code; and Title 70, Chapter 2, Idaho Code.(7-1-26)

d.Lake specific encroachment permit terms may be read at the Idaho Department of Lands website: https://www.idl.idaho.gov/.(7-1-26)

IDAPA 20.03.04.016 (Reserved)

IDAPA 20.03.04.020 Applications

01.Encroachment Applications. N o encroachments on, in or above the beds or waters of any navigable lake in the state of Idaho are allowed without first making application to and receiving an encroachment permit from the Department. The application must include a description of any demolition activities and the steps that will be taken to protect water quality and other public trust values. No demolition activities may proceed until the permit is issued.(7-1-26)

02.Signature Requirement. Only persons who are littoral owners or lessees of a littoral owner are eligible to apply for encroachment permits. A person who has been specifically granted littoral rights or dock rights from a littoral owner is also eligible for an encroachment permit; the grantor of these littoral rights, however, are no longer be eligible to apply for an encroachment permit. Except for waterlines or utility lines, the possession of an easement to the shoreline does not qualify a person to be eligible for an encroachment permit.(7-1-26)

03.Other Permits. A person seeking to make an encroachment must also obtain any additional approvals lawfully required by federal, local or other state agencies.(7-1-26)

04.Repairs, Reinstallation of Structures. No permit is required to clean, maintain, or repair an existing permitted encroachment, but a permit is required to replace, enlarge, or extend an existing encroachment.

Replacement of single-family and two-family docks will not require a permit if the replacement is within current standards as provided in Idaho Code § 58-1305(e). Replacing the top or decking ofan encroachment is considered a repair. Replacement of wind or water damaged pilings, docks, or floats is considered a repair. Any repair or replacement that adversely affects the bed of the lake is a violation of these rules.(7-1-26)

05.Dock Reconfiguration.(3-18-22)

a.Reconfiguration or rearrangement of single-family and two-family docks will require a new application for an encroachment permit.(7-1-26)

b.Reconfiguration or rearrangement of community docks and commercial navigational encroachments may not require a new application for an encroachment permit if the changes are only internal and navigational. The Department must be consulted prior to commencement of modifications, and will consider the following to determine if a new permit is required:(7-1-26)

i.Overall footprint does not change in dimension or orientation;(3-18-22)

ii.No increase in the square footage, as described in the existing permit This only applies to community docks;(7-1-26)

iii.The entrances and exits of the encroachment do not change;(7-1-26)

iv.The number of slips does not change.(7-1-26)

06.Dredging. A permit is required before dredging or redredging a channel or basin unless dredging is specifically authorized by an existing permit.(7-1-26)

07.Forms, Filing. Applications must be filed on forms provided by the Department together with filing fees and costs of publication when required by these rules. Costs incurred to prepare the application, including all necessary maps and drawings, must be paid by the applicant.(7-1-26)

a.Plans must include detailed information to demonstrate compliance with the applicable standards of these rules, and the following information at a scale sufficient to show the information requested:(7-1-26)

i.Lakebed profile in relationship to the proposed encroachment. The lakebed profile must clearly depict the O/AHWM, the line of navigability, and the low water mark.(7-1-26)

ii.Copy of most recent survey or county plat showing the full extent of the applicant’s upland parcel and the adjacent upland parcels.(7-1-26)

iii.Proof of current ownership or control of upland property or littoral rights.(7-1-26)

iv.Scaled maps accurately depicting the location of all encroachments and their dimensions. (7-1-26)

v.Scaled air photos or maps accurately depicting the lengths of adjacent docks as an indication of the line of navigability, distances to adjacent encroachments, distance to littoral lines, and the location and orientation of the proposed encroachment in the lake.(7-1-26)

vi.Total square footage of proposed docks and other structures, excluding pilings, that cover the lake surface.(3-18-22)

vii.Names and current mailing addresses of adjacent littoral landowners.(3-18-22) viii.Plans submitted for enclosed e ncroachments must accurately depict all interior and exterior features. Public, commercial, and residential encroachments may require engineered plans approved by a professional engineer licensed in the state of Idaho.(7-1-26)

b.Applications must be submitted or approved by the littoral owner or, if the encroachment will lie over or upon private lands between the OHWM and the AHWM, the application must be submitted or approved by the owner of those lands. When the littoral owner is not the applicant, the application must bear the owner’s signature as approving the encroachment prior to filing.(7-1-26)

c.If more than one (1) littoral owner exists, the application must bear the signature of all littoral owners, or the signature of an authorized officer of an entity or a designated homeowner’s or property management association.(7-1-26)

d.Applications for noncommercial ATONs, wildlife habitat, and recreational uses by members of the public must be filed by any municipality, county, state, or federal agency, or other entity empowered to make those improvements. Application fees are not required for these encroachments.(7-1-26)

e.The following applications must be accompanied by the respective nonrefundable filing fees together with a deposit toward the cost of newspaper publication, which will be determined by the Department at the time of filing:(7-1-26)

i.Nonnavigational encroachments require a fee of one thousand dollars ($1,000); except that nonnavigational encroachments for bank stabilization and erosion control require a fee of five hundred fifty dollars ($550).(3-18-22)

ii.Commercial navigational encroachments require a fee of two thousand dollars ($2,000). If the costs of processing an application exceed this amount, then the applicant may be charged additional costs as allowed by Idaho Code 58-1307;(7-1-26)

iii.Community navigational encroachments require a fee of two thousand dollars ($2,000); and

iv.Navigational encroachments extending beyond the line of navigability require a fee of one thousand dollars ($1,000).(3-18-22)

f.Applicants must pay any balance due before written approval will be issued. The Department will refund any publication costs if the notice is not published.(7-1-26)

g.Application for a single-family or two-family dock not extending beyond the line of navigability or a nonnavigational encroachment for a buried or submerged water line serving four or less households must be accompanied by a nonrefundable fee of four hundred twenty-five dollars ($425).(7-1-26)

h.No publication cost is required for applications for noncommercial navigational encroachments not extending beyond the line of navigability or for application for installation of buried or submerged water lines and utility lines.(7-1-26)

i.Applications and plans must be stamped with the date received by the Department.(7-1-26)

j.Applications that are incomplete, not in the proper form, not containing the required signature(s), or not accompanied by filing fees and costs of publication will not be accepted for filing. The Department will send the appl icant a written notice of incompleteness with a listing of the application’s deficiencies. The applicant will be given thirty (30) days from receipt of the notice of incompleteness to resubmit the required information. The deadline may be extended with written consent of the Department. If the given deadline is not met, the Department will notify the applicant that the application has been denied due to lack of sufficient information. The applicant may reapply at a later date, but will be required to pay another filing fee and publication fee, if applicable.(7-1-26)

IDAPA 20.03.04.021 (Reserved)

IDAPA 20.03.04.025 Processing of Applications for Single-Family and Two-Family

NAVIGATIONAL ENCROACHMENTS.

01.Single-Family and Two-Family Navigational Encroachments. Applications for single-family and two-family navigational encroachments not extending beyond the line of navigability will be processed with a minimum of procedural requirements and will not be denied except in the most unusual of circumstances.(7-1-26)

02.Notification of Adjacent Littoral Owners. The Department will provide a copy of the application to the littoral owners adjacent to the applicant’s property. If the applicant owns one (1) or more adjacent lots, the Department will notify the owner of the next adjacent lot. If the proposed encroachment may infringe upon the littoral rights of an adjacent owner, the Department will provide notice of the application by certified mail, return receipt requested; otherwise, the notice will be sent by regular mail. Notification will be mailed to the adjacent littoral owners’ usual place of address, which, if not known, will be the address shown on the records of the county treasurer or assessor. The applicant may submit the adjacent littoral owners’ signatures, consenting to the proposed encroachment, in lieu of the Department’s notification.(7-1-26)

03.Written Objections.(3-18-22)

a.If an adjacent littoral owner files written objections to the application with the Department within ten (10) days from the date of service or receipt of notice of application, the Department will schedule a hearing. In computing the time to object, the day of service or receipt of notice of the application will not be counted. Objections must be received by the Department within the ten (10) day period. If the last day of the period is Saturday, Sunday or a legal holiday, the time within which to object will run until the end of the first business day thereafter.(7-1-26)

b.The applicant and any objectors may agree to changes in the proposed encroachment that result in the objections being withdrawn. Department employees may facilitate this agreement. Participation by Department personnel in this informal mediation will not constitute a conflict of interest for participation in the hearing process. A withdrawal of objections must be in writing, completed prior to a scheduled hearing, and contain:(7-1-26)

i.Signatures of the applicant and the objecting party;(3-18-22)

ii.A description of the changes or clarifications to the permit that are acceptable to the applicant, the objecting party, and the Department.(7-1-26)

04.Unusual Circumstances. Even though no objection is filed by an adjacent littoral owner to a noncommercial navigational encroachment, the Director may require a hearing because of the existence of unusual circumstances.(7-1-26)

05.Hearings. Hearings set by the Director following an objection or the Director’s own determination will be held within sixty (60) days from the date the application is accepted. At the hearing, the Department the applicant and any adjacent littoral owner filing timely objections may appear personally or through an authorized representative and pres ent evidence. The Director will designate a hearing officer who will act as a fact finder and not a party. Provided, however, that the parties may agree to informal disposition of an application by stipulation, agreed settlement, consent order, or other informal means.(7-1-26)

06.Decision Following a Hearing. The Director will, within forty-five (45) days after close of the hearing provided for in Subsections 025.03 or 025.04 render a final decision to the parties appearing before him.

07.Disposition Without Hearing. If a hearing is not held under Subsection 025.03 or Subsection 025.04, then the Department will act upon a complete application as expeditiously as possible but no later than sixty (60) days from acceptance of the application. Failure to act within this sixty (60) day timeframe will constitute approval of the application. Applications determined to be incomplete under Subsection 020.07 are not subject to the sixty (60) day timeframe until the information requested by the Department and required by the rules has been submitted.(7-1-26)

08.Judicial Review. Any applicant aggrieved by the Director’s final order, or an aggrieved party appearing at a hearing, may have a right to have the proceedings and final order reviewed by the district court in the county where the encroachment is proposed by filing a notice of appeal within thirty (30) days from the date of the final order. An objector will be required to deposit an appeal bond with the court, in an amount to be determined by the court but not less than five hundred dollars ($500) insuring payment to the applicant of damages caused by delay and costs and expenses, including reasonable attorney fees, incurred on the appeal in the event the district court sustains the action of the Director. The applicant need post no bond with the court to prosecute an appeal.(7-1-26)

IDAPA 20.03.04.026 (Reserved)

IDAPA 20.03.04.030 Processing of Applications for All Other Types of Encroachments

01.Nonnavigational, Community, and Commer cial Navigational Encroachments. Within ten (10) days of receiving a complete application for a nonnavigational encroachment, a community dock, a commercial navigational encroachment, or a navigational encroachment extending beyond the line of navigability, the Department will publish a notice of application once a week for two (2) consecutive weeks in a newspaper of general circulation in the county in which the encroachment is proposed. If, however, the Director orders a public hearing on the application within the time for publication of the above notice, the Department will dispense with publication of the notice of the application and proceed instead to publish a notice of the public hearing as provided in Subsection 030.05. Applications for installation of buried or submerged water lines and utility lines are exempt from the newspaper publication process.(7-1-26)

02.Encroachments Not in Aid of Navigation. Encroachments not in aid of navigation will normally not be approved by the Department except in cases involving major environmental, economic, or social benefits that exceed the detrimental effects of the proposed encroachment to public trust values and adjacent real property, if any.

Approval under these circumstances is authorized only when consistent with the public trust doctrine and when there is no other feasible alternative with less impact on public trust values.(7-1-26)

03.Notifications. The Department may provide copies of the application and plans to federal, state and local agencies and to adjacent littoral owners, requesting comment on the likely effect of the proposed encroachment upon adjacent littoral property and public trust values such as navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, water quality, etc.(7-1-26)

04.Written Comments or Objections. Within thirty (30) days of the first date of publication, an agency, adjacent littoral owner, or any resident of the state of Idaho may do one (1) of the following:(7-1-26)

a.Notify the Department of their opinions and recommendation, if any, for alternate plans they believe will be economically feasible and will accomplish the purpose of the proposed encroachment without unreasonably adversely affecting adjacent littoral property or public trust values; or(3-18-22)

b.File with the Department written objections to the proposed encroachment and request a public hearing on the application. Any person or agency requesting a public hearing on the application must deposit and pay to the Department an amount sufficient to cover the cost of publishing notice of hearing provided in Subsection

IDAPA 20.03.04.030 05.(7-1-26)

05.Public Hearing. The Department will publish notice of the time and place of public hearing on the application once a week for two (2) consecutive weeks in a newspaper in the county in which the encroachment is proposed. The public hearing will be held within ninety (90) days from the date the application is accepted for filing.

06.Hearing Participants. Any person may appear at the public hearing and present oral testimony.

Persons may also submit written comments to the Department.(7-1-26)

07.Decision After Hearing. The Director will render a final decision and order within thirty (30) days after close of the public hearing.

A copy of the final order will be mailed to the applicant and to each person or agency appearing at the hearing and giving oral or written testimony.(7-1-26)

08.Decision Where No Hearing.(3-18-22)

a.If no objection to the proposed encroachment is filed with the Department and no public hearing is requested or ordered the Department will issue a final decision and order based upon its investigation and consideration the economics of the navigational necessity, justification or benefit, public or private, of the proposed encroachment as well as its detrimental effects, if any, upon adjacent real property and public trust values such as navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, water quality, etc.(7-1-26)

b.The applicant, if dissatisfied with the Director’s decision, has twenty (20) days from the date of the Director’s decision to request reconsideration thereof. If reconsideration is granted, the Director will set a time and place for a reconsideration hearing, not to exceed thirty (30) days from receipt of the request, at which time and place the applicant may appear in person or through an authorized representative and present briefing and oral argument.

Upon conclusion of reconsideration, the Director will, by personal service or by registered or certified mail, notify the applicant of the final decision.(7-1-26)

09.Judicial Review. Any applicant or party aggrieved by the Director’s final order, has the right to judicial review of the final order by the district court in the county in which the encroachment is proposed by filing a notice of appeal within thirty (30) days from the date of the final order. The applicant need post no bond with the court to prosecute an appeal. Any other aggrieved party is required to deposit an appeal bond with the court, in an amount to be determined by the court but not less than five hundred dollars ($500), insuring payment to the applicant of damages caused by delay and costs and expenses, including reasonable attorney fees, incurred on the appeal in the event the district court sustains the action of the Director.(7-1-26)

10.Factors in Decision. In recognition of continuing private property ownership of lands lying between the OHWM and the AHWM, if present, the Department will consider unreasonable adverse effect upon adjacent property and undue interference with navigation the most important factors to be considered in granting or denying an application for either a nonnavigational encroachment or a commercial navigational encroachment not extending below the OHWM. If no objections have been filed to the application and no public hearing has been requested or ordered by the Director, or, if upon reconsideration of a decision disallowing a permit, or following a public hearing, the Department determines that the benefits, whether public or private, to be derived from allowing the encroachment exceed its detrimental effects, the permit will be granted.(7-1-26)

IDAPA 20.03.04.031 (Reserved)

IDAPA 20.03.04.035 Temporary Permits

01.Applicability.

Temporary permits may be issued for construction, demolition, temporary activities related to permitted encroachments, or other activities approved by the Department.(7-1-26)

02.Permit Term. Temporary permits are generally issued for less than one (1) year, but longer terms may be approved by the Department and permits may be extended with Department approval.(7-1-26)

03.Bonding. The Department may require bonding for temporary permits.(7-1-26)

04.Fee. The Board sets fees for temporary permits, but the fees will not be greater than the amounts listed for the respective permit types in Subsection 020.07. Fee information is available at www.idl.idaho.gov.

05.Processing. Temporary permits may be advertised if the Department deems it appropriate, with the applicant paying the advertising fee as per Subsection 020.07.(7-1-26)

IDAPA 20.03.04.036 (Reserved)

IDAPA 20.03.04.055 Leases and Easements

01.Lease or Easement.

As a condition of the encroachment permit, the Department may require a submerged land lease or easement for use of any part of the state-owned bed of the lake where required in accordance with IDAPA 20.03.17, or IDAPA 20.03.09. Construction of an encroachment authorized by permit before obtaining the required lease or easement constitutes a trespass. This rule is intended to grant the state recompense for the use of the state-owned bed of a navigable lake where reasonable and it is not intended that the Department withhold or refuse to grant a lease or easement if in all other respects the proposed encroachment would be permitted.(7-1-26)

02.Seawalls, Breakwaters, Fill. Seawalls, breakwaters, and fill on or over state-owned beds, designed primarily to create additional land surface, will only be authorized by an encroachment permit and submerged land lease or easement, upon approval by the Department.(7-1-26)

IDAPA 20.03.04.056 (Reserved)

IDAPA 20.03.04.060 Installation

01.Installation Only After Permit Issued. Installation or construction of an encroachment may commence only when the permit is issued, when the Department notifies the applicant in writing that installation may commence, or when the Department has failed to act in accordance with Subsection 025.07.(7-1-26)

02.Removal of Construction Waste.(3-18-22)

a.Pilings, anchors, old docks, and other structures or waste at the site of the installation or reinstallation and not used as a part of the encroachment must be removed from the water and lakebed at the time of the installation or reinstallation to a point above the O/AHWM.(7-1-26)

b.Demolition of encroachments will be done in a manner that does not unnecessarily damage the lakebed or shoreline. Demolition work must comply with water quality standards administered by the Department of Environmental Quality.(7-1-26)

03.Compliance with Permit. All work must be done in accordance with these rules, and the application submitted, and is subject to any condition specified in the permit.(7-1-26)

04.Sunset Clause. All activities authorized within the scope of the encroachment permit must be completed within three (3) years of issuance date. If the activities are not completed within three (3) years, the permit will automatically expire unless it was previously revoked or extended by the Department. The Department may issue a permit with an initial sunset clause that exceeds three (3) years if the need is demonstrated by the applicant.

IDAPA 20.03.04.061 (Reserved)

IDAPA 20.03.04.065 Assignments

01.Encroachment Permit Assignment. Encroachm ent permits may be assigned only if the permitted encroachments conform with the approved permits. An assignment is not valid until it is approved by the Department.

02.Assignment Application. The assignor and assignee must complete a Department assignment form and submit along with the three hundred dollars ($300) assignment fee to the Department.(7-1-26)

03.Assignment With New Permit. Encroachments not in compliance with the approved permit may be assigned only if:(3-18-22)

a.An application for a new permit to correct the noncompliance is submitted at the same time.

b.The assignee submits written consent to bring the encroachment into compliance.(7-1-26)

IDAPA 20.03.04.066 (Reserved)

IDAPA 20.03.04.070 Miscellaneous

01.Water Resources Permit.

A permit to alter a navigable stream issued by the Department of Water Resources pursuant to Title 42, Chapter 38, Idaho Code, may, in appropriate circumstances, contain language stating the approval of the Department of Lands to occupy the state-owned bed of the navigable stream.(3-18-22)

02.Dredge and Placer Mining. Department authorization is required for dredge and placer mining in the lands, lakes and rivers within the state, whether or not the state owns the beds, pursuant to Title 47, Chapter 13, Idaho Code.(3-18-22)

03.Mineral Leases. Littoral rights do not include any right to remove bed materials from state-owned lakebeds. Applications to lease minerals, oil, gas and hydrocarbons, and geothermal resources within the state-owned beds of navigable lakes will be processed by the Department pursuant to Title 47, Chapters 7, 8 and 16, Idaho Code, and rules promulgated thereunder.(3-18-22)

04.Other Laws and Rules. The permittee must follow all other applicable state, federal and local rules and laws insofar as they affect the use of public trust resources.(7-1-26)

IDAPA 20.03.04.071 (Reserved)

IDAPA 20.03.04.080 Violations - Penalties

01.Cease and Desist Order. O ngoing construction of an unauthorized encroachment or an unauthorized modification of a permitted encroachment is considered a violation of these rules. The Department will serve the landowner, contractor, or permittee a cease and desist order that contains a short and plain statement describing the violation, the pertinent legal authority, and how the violation may be rectified. This order will be served by personal service or certified mail. The cease and desist order will require the permittee to maintain the status quo pending formal proceedings by the Department to rectify the violation.(7-1-26)

02.Notice of Noncompliance/Proposed Permit Revocation. When the Department determines that these rules have been violated, a cause exists for revocation of a lake encroachment permit, or both of these have occurred, it will provide the permittee or offending person with a notice of noncompliance/proposed permit revocation that consists of a short and plain statement of the violation including any pertinent legal authority. This notice also informs the permittee or offending person of what steps are needed to either bring the encroachment into compliance, if possible.(7-1-26)

03.Noncompliance Resolution. The Department will attempt to resolve all noncompliance issues through conference with the permittee or other involved party. Any period set by the parties for correction of a violation is binding. If the Department is unsuccessful in resolving the violations, then the Department may pursue other remedies under Section 080 of these rules.(3-18-22)

04.Violations. The following acts or omissions subject a person to a civil penalty as allowed by Title 58, Chapter 13, Section 58-1308, Idaho Code:(3-18-22)

a.A violation of Title 58, Chapter 13, Idaho Code, or of the rules and general orders adopted and applicable to navigable lakes;(7-1-26)

b.A violation of any special order of the Director applicable to a navigable lake; or(3-18-22)

c.Refusal to cease and desist from any violation after having received a written cease and desist order from the Department by personal service or certified mail, within the time provided in the notice, or within thirty (30) days of service of the notice if no time is provided.(7-1-26)

d.Willfully and knowingly falsifying any records, plans, information, or other data provided to the Department.(7-1-26)

e.Violating the terms of an encroachment permit.(3-18-22)

05.Injunctions, Damages. The Board expressly reserves the right, through the Director, to seek injunctive relief under Title 58, Chapter 13, Section 58-1308, Idaho Code and mitigation of damages under Title 58, Chapter 13, Section 58-1309, Idaho Code, in addition to the civil penalties provided for in Subsection 080.04 of these rules.(3-18-22)

06.Mitigation, Restoration. The Board expressly reserves the right, through the Director, to require mitigation and restoration of damages under Title 58, Chapter 13, Section 58-1309, Idaho Code, in addition to the civil penalties and injunctive relief provided for in Subsections 080.04 and 080.05 of these rules. The Department may consult with other agencies to determine the appropriate type and amount of mitigation and restoration. (7-1-26)

07.Revocation of Lake Encroachment Permits.(3-18-22)

a.The Department may institute an administrative action to revoke a lake encroachment permit for violation of the conditions of a permit, or for any other reason authorized by law. These proceedings will be conducted as contested case hearings subject to Title 67, Chapter 52, Idaho Code.(7-1-26)

b.A hearing officer appointed to conduct the revocation hearing prepares recommended findings of fact and conclusions of law and sends them to the Director for final adoption or rejection.(7-1-26)

c.An aggrieved party who appeared and testified at a hearing has the right to have the proceedings and final decision of the Director reviewed by the district court of the county in which the violation or revocation occurred by filing a notice of appeal within twenty-eight (28) days from the date of the final decision.(3-18-22)

IDAPA 20.03.04.081 (Reserved)

20.03.09 Easements On State-Owned Navigable Waterways

IDAPA 20.03.09.000 Legal Authority

These rules are promulgated pursuant to, and are to be construed in a manner consistent with, the duties and responsibilities of the Board as set forth in Title 58, Chapters 1, 6, and 13, Idaho Code, and the Equal Footing Doctrine (Idaho Admission Act of July 3, 1890, 26 Stat. 215, Chapter 656).(3-18-22)

IDAPA 20.03.09.001 Scope

These rules apply to the issuance of easements for all uses above, across, over, in, through, upon, and under the beds of navigable waterways, including dams that span the entire width of a state-owned navigable waterway regardless of the dam’s purpose, with the following exceptions:(3-18-22)

01.Small Water Delivery Structures. Irrigation facilities, diversion facilities, temporary irrigation berms, headgates, and turnouts that do not span the entire width of the navigable waterway, and domestic water supply intake lines capable of drawing less than five (5) cubic feet per second of water; (3-18-22)

02.Uses Authorized by Lease. When a lease issued under IDAPA 20.03.17 is more usual and customary such as for marinas, docks, float homes, and similar facilities; and(3-18-22)

03.Short Term Uses. Temporary uses, facilities, and structures with a lifespan of ten (10) years or less that are authorized by revocable temporary permits.(3-18-22)

IDAPA 20.03.09.002 (Reserved)

IDAPA 20.03.09.003 Administrative Appeals

An applicant aggrieved by a decision of the Director under these rules may request a hearing before the Board, but must do so within thirty (30) calendar days after receipt of written notice of the Director’s decision. Failure to make said request within the thirty (30) day period constitutes a waiver of the applicant’s right to a hearing before the Board. Pursuant to Title 67, Chapter 52, Idaho Code, the applicant may appeal an adverse decision of the Board.

IDAPA 20.03.09.004 (Reserved)

IDAPA 20.03.09.010 Definitions

01.Board.

The Idaho State Board of Land Commissioners or its designee.(3-18-22)

02.Dam. Any artificial barrier placed across a navigable river or stream.(3-18-22)

03.Department. The Idaho Department of Lands.(3-18-22)

04.Director. The Director of the Idaho Department of Lands or his designee.(3-18-22)

05.Easement. A non-possessory interest in land for a specific purpose including rights of way. Such interest may be limited to a specific timeframe.(3-18-22)

06.Grantee. The party to whom the easement is granted and their assigns and successors-in-interest.

07.Grantor. The State of Idaho and its assigns and successors-in-interest(3-18-22)

08.Hydroelectric Facilities. The dam, diversion, penstock, transmission lines, water storage area, powerhouse and other facilities related to generating electric energy from water power.(3-18-22)

09.Market Value. The most probable price at a specified date, in cash, or on terms reasonably equivalent to cash, that the property should bring in a competitive and open market under all conditions requisite to an arm’s-length sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.(3-18-22)

10.Natural or Ordinary High Water Mark. The line that the water impresses upon the soil by covering it for sufficient periods of time to deprive the soil of its vegetation and destroy its value for agricultural purposes. When the soil, configuration of the surface, or vegetation has been altered by human activity, the natural or ordinary high water mark will be located where it would have been if this alteration had not occurred.(3-18-22)

11.Person. An individual, corporation, partnership, limited liability company, association, trust, unincorporated organization or other legal entity qualified to do business in the state of Idaho, and any federal, state, county, or local unit of government.(3-18-22)

12.State-Owned Navigable Waterways and Navigable Waterways. As used in these rules, the beds of all navigable waterways up to the natural or ordinary high water mark as of the date Idaho was admitted into statehood. This includes any such bed that was formerly submerged and subsequently filled, and is now uplands because of human activity (e.g., dikes, berms, jetties) or by natural processes, and includes islands within navigable waterways resulting from human activity or by natural processes.(3-18-22)

13.Temporary Permit. A revocable instrument authorizing a specific use on navigable waterways usually issued for five (5) years or less, but that may be issued for up to ten (10) years.(3-18-22)

14.Uplands. The land bordering on navigable waterways.(3-18-22)

IDAPA 20.03.09.011 Policy

01.Regulation of the Beds of Navigable Waters. It i s the policy of the State of Idaho to regulate and control the use or disposition of the beds of navigable waterways so as to provide for their commercial, navigational, recreational or other public use; provided, that the Board will take no action in derogation of or seeking to interfere with the riparian or littoral rights of upland land owners.(3-18-22)

a.These rules will not be construed as adversely affecting any valid easement or other right granted by the Department prior to May 23, 1984.(3-18-22)

b.The Board or Director will not grant an easement for any use, facility, or structure that would impair those uses of navigable waterways protected under the public trust doctrine.(3-18-22)

02.Exercise of State Title. The State of Idaho exercises its title over the beds of all lakes, rivers, and streams that are navigable in fact. Information about lakes, rivers, and streams deemed navigable by the State of Idaho is available from the Department.(3-18-22)

03.Stream Channel and Encroachment Permits. Issuance of an easement is contingent upon the applicant first obtaining a stream channel alteration permit if required by the Idaho Department of Water Resources, pursuant to Title 42, Chapter 38, Idaho Code, or a lake encroachment permit if required by the Department, pursuant to Title 58, Chapter 13, Idaho Code.(3-18-22)

04.Other Permits. Issuance of an easement does not relieve an applicant of acquiring other permits and licenses that are required by law.(3-18-22)

05.Existing Easements. These rules apply to existing easements on navigable waterways. However, it is not necessary for a person possessing a valid easement obtained on or after May 23, 1984 to file a new easement application if the location or use of the easement has not changed.(3-18-22)

06.Limitation on Easement Grant. An easement grants only such interest to the grantee as is specified within the document, including the legal right to occupy and use the navigable waterways for the specified purpose in the easement without interference by the grantor, except as otherwise provided by law. The legal right to use the navigable waterways for all other purposes not inconsistent with the grantee’s interest remains with the grantor.(3-18-22)

07.Minimum Width. The minimum width of any easement granted is eight (8) feet.(3-18-22)

IDAPA 20.03.09.012 (Reserved)

IDAPA 20.03.09.020 Fees and Compensation

01.Administrative Fee. Applications for easements must be accompanied by a one-time nonrefundable administrative fee of five hundred dollars ($500). No supplemental compensation in excess of this fee is required for the following:(3-18-22)

a.An easement for a use, facility, or structure for which the navigable waterway poses an obstacle or barrier for construction or operation of the use, facility, or structure, or where the applicant demonstrates, and the Director or Board concurs, that the impact of the use, facility, or structure on the navigable waterways is less than the impact on the other values associated with the adjacent upland such as conservation of resources, significant cost savings to the public, or accessibility.(3-18-22)

b.An easement for a dam that does not produce hydroelectric power and is less than ten (10) feet in height as measured from the natural bed at the downstream side.(3-18-22)

02.Supplemental Compensation. In addition to the fee in Subsection 020.01, supplemental compensation is required for:(3-18-22)

a.New and renewed easements for all dams of any size that produce hydroelectric power and all dams that are ten (10) feet and higher as measured from the natural bed at the downstream side. Supplemental compensation for all such easements is one thousand dollars ($1,000), and hydroelectric facilities will also have an additional payment of five dollars ($5) per megawatt of installed capacity as determined by the nameplate rating of that facility. If the facility is situated on a Snake River segment that is a common border with the state of Oregon or the state of Washington, the installed capacity will be prorated based on the location of the common border across the dam’s centerline for the purpose of calculating the compensation. Total compensation for a new or renewed easement for a hydroelectric facility is a maximum of twenty thousand dollars ($20,000). If an easement for a hydroelectric facility has been issued prior to relicensing, the fee will be prorated based on a fifty (50) year use period. The fee for annual extensions that are frequently issued by United States Federal Energy Regulatory Commission (FERC) because of permitting delays prior to issuance of the major FERC license will be prorated based on a fifty (50) year use period.(3-18-22)

b.An easement over navigable waterways for any use, facility, or structure, that is not a dam or hydroelectric facility, and would use navigable waterways as a substitute for, or to reduce or eliminate the use of, uplands. Supplemental compensation for such easements will be a one-time payment based on the market value of the adjacent uplands on which the use is avoided. In the case of filled lands, the value will be based on the highest and best use of the adjacent uplands. The compensation will be determined by appraisal.(3-18-22)

03.Appraisal. The easement appraisal will be conducted by a licensed appraiser selected by the Department, although the applicant may propose an appraiser to the Department. The Department will provide appraisal in structions. The appraisal will be performed in a timely manner, and a copy sent to the Department and the applicant. The expense of the appraisal will be borne by the applicant.(3-18-22)

IDAPA 20.03.09.021 (Reserved)

IDAPA 20.03.09.030 Term of Easement

01.Permanent Uses.

A permanent easement will be issued for uses, facilities, and structures that are normally considered permanent in nature, such as bridges, utility crossings, highway fills, and dams.(3-18-22)

02.Term Easements. A term easement will be issued for a specific time period of ten (10) to fifty-five (55) years and will be issued for those uses, facilities, and structures not normally considered permanent in nature.

03.Federally Licensed Facilities. The term of an easement for all federally licensed hydroelectric facilities on navigable waterways will run concurrently with the term of such license issued by FERC, or its successor, authorizing the facility. Easements for hydroelectric facilities for which FERC has issued a conduit exemption will not exceed fifty-five (55) years.(3-18-22)

IDAPA 20.03.09.031 (Reserved)

IDAPA 20.03.09.040 Use, Facility, or Structure Modification

Modification of an existing use, facility, or structure will require an easement or an amendment to an existing easem ent and will be processed in the same manner as a new application. Modification includes expanding the use or easement area, or changing the location of the use or easement area. Modification does not include ordinary maintenance, repair, or replacement of existing structures such as poles, wires, and cables.(3-18-22)

IDAPA 20.03.09.041 (Reserved)

IDAPA 20.03.09.050 Assignments

01.Assignment Fee. Easem ents may be assigned upon prior approval of the Director. The assignor and assignee must complete the Department’s standard assignment form and forward it and the nonrefundable assignment fee of fifty dollars ($50) to any Department office.(3-18-22)

02.Prior Written Consent. An assignment is not valid without the written consent of the Director which will not be unreasonably withheld. The Department will work diligently to complete assignments within sixty (60) days after receipt of the standard assignment forms and all associated information.(3-18-22)

IDAPA 20.03.09.051 (Reserved)

IDAPA 20.03.09.060 Abandonment, Relinquishment, and Termination

01.Section 58-603, Idaho Code.

The provisions of Section 58-603, Idaho Code relating to rights-ofway apply to all easements over state-owned navigable waterways.(3-18-22)

02.Non-Use. Upon termination of an easement for any reason, the Director will provide the grantee with a specific, but reasonable, period of time (up to twelve (12) months) to remove all facilities or structures. Failure to remove all facilities or structures within such time period established by the Director will be deemed a trespass on state-owned navigable waterways.(3-18-22)

03.Voluntary Relinquishment. The grantee may voluntarily relinquish the easement at any time by submitting a letter or relinquishment form in recordable format to the Department. Voluntary relinquishment of an easement does not waive or forgive any accrued obligation of the easement holder including the obligation to remove facilities as required in Subsection 060.02.(3-18-22)

IDAPA 20.03.09.061 (Reserved)

IDAPA 20.03.09.070 Procedure

01.Application.

An easement application submitted to the Department must contain:(3-18-22)

a.A letter of request stating the purpose of the easement;(3-18-22)

b.A survey of the easement; and(3-18-22)

c.One (1) copy of an acceptable written description based on a survey of the centerline or a metes and bounds survey of the easement tract. The applicant may also describe the area occupied by existing uses, facilities, or structures by platting the state-owned navigable waterways affected by the use and showing surveyed or scaled ties to a legal corner at the points where the use enters and/or leaves the navigable waterways.(3-18-22)

02.Engineer Certification. All maps, plans, and field notes attached to an application for rights-ofway for ditches and reservoirs governed by Section 58-601, Idaho Code, must be certified by the engineer under whose direction such surveys or plans were made and filed with the Department and the Idaho Department of Water Resources.(3-18-22)

03.Decision on Application. Upon proper application and payment of the fees, appraisal costs, and supplemental compensation required pursuant to these rules, the Director may, after appropriate review and consideration of the facts and the law, grant an easement encumbering navigable waterways for any public or private purpose. The Director may deny an application for easement upon a finding that issuance would not be consistent with law or these rules. Such denial or approval will be in writing within six (6) months of the receipt of a complete application.(3-18-22)

04.Director's Decision. The Director may grant and renew easements in all cases except when the compensation will exceed twenty-five thousand dollars ($25,000), exclusive of the payment for any damage or impairment of rights to the remainder of the property.(3-18-22)

05.Board Decision. Easement applications where compensation exceeds twenty-five thousand dollars ($25,000), or that are of a complex and unusual nature as determined by the Director, will be presented to the Board for appropriate action.(3-18-22)

06.Notification. If the application is approved, the applicant will be notified in writing of the amount due to the Department. If the application is denied, the applicant will be notified in writing of the reasons for the denial.(3-18-22)

IDAPA 20.03.09.071 (Reserved)

IDAPA 20.03.09.080 Easement Access and Emergency Work

01.Use of Land.

The grantee has the right to use such portion of the navigable waterways adjacent to and along said easement as may be reasonably necessary in connection with the installation, repair, and replacement of the use, facility, or structure authorized by the easement. If such activities cause soil disturbance, the destruction of vegetation, and/or entering the bed below the natural or ordinary high water mark, the grantee will obtain prior written authorization from the Department. The grantee is responsible for any damage to lands or other resources outside the easement area.(3-18-22)

02.Emergency Work. The grantee is authorized to enter upon navigable waterways lying outside the easement area for the purpose of performing emergency repairs on an easement for damage due to floods, high winds, and other acts of God, provided that the grantee provides written notice to the Department within forty-eight (48) hours of the time work commences. The grantee is responsible for any damage to lands or other resources outside the easement area.(3-18-22)

IDAPA 20.03.09.081 (Reserved)

20.03.13 Administration of Cottage Site Leases on State Lands

IDAPA 20.03.13.000 Legal Authority

The Board has adopted these rules in accordance with Article IX, Section 8 of the Idaho Constitution and Sections 58-104(1) and 58-304, Idaho Code.(7-1-25)

IDAPA 20.03.13.001 Scope

It is the intent and express policy of the Board in administratio n of Cottage Site leases located on state-owned lands administered by the Board, to provide for a reasonable rental income from those lands in accordance with the requirements of the Idaho Constitution.(7-1-25)

IDAPA 20.03.13.002 (Reserved)

IDAPA 20.03.13.010 Definitions

01.Annual Rental.

The rental paid on or before January 1, in advance, for the following year.

(3-18-22)

02.Board. The State Board of Land Commissioners, or its designee.(7-1-25)

03.Cottage Site. Any state-owned lot that is leased for recreational residential purposes.(3-18-22)

04.Department. The Idaho Department of Lands.(3-18-22)

IDAPA 20.03.13.011 (Reserved)

IDAPA 20.03.13.020 Sale and Assignment

01.Documentation of Sale. Prior to th e assignment of a Cottage Site Lease, the lessee must provide the Department, at their expense, the following documents associated with a Cottage Site sale.(7-1-25)

a.The original of the current lease; or(3-18-22)

b.A signed and notarized Affidavit of Loss if the current lease has been lost.(3-18-22)

02.Assignments. A lease may be assigned only to an individual or to a husband or wife. The Board will not recognize assignments to corporations, partnerships, or companies. Leases may be assigned to and held by an estate only if one (1) individual or husband or wife are designated as the sole contact for all billing and correspondence. A lessee may only hold one (1) Cottage Site lease at a time.(7-1-25)

IDAPA 20.03.13.021 (Reserved)

IDAPA 20.03.13.025 Annual Rental Determination

Annual Rental is set by the Board. It is the intent of the Board that rental rates be determined through market indicators of comparable land values.(7-1-25)

IDAPA 20.03.13.026 (Reserved)

20.03.16 Rules Governing Oil and Gas Leasing on Idaho State Lands

IDAPA 20.03.16.000 Legal Authority

This Chapter is adopted under the legal authorities of Sect ions 58-104(1), 58-104(6), 58-104(9), 58-105, 58-127, Idaho Code, and; Section 58-307, Idaho Code; Title 47, Chapter 7, Idaho Code; Title 47, Chapter 8, Idaho Code, and;

Title 67, Chapter 52, Idaho Code.(7-1-25)

IDAPA 20.03.16.001 Scope

01.Scope.

These rules apply to the Exploration and extraction of Oil and Gas resources situated in state-owned Mineral Lands.(7-1-25)

02.Other Laws. In addition to these rules, the Lessee must comply with all applicable federal, state and local laws, rules, and regulations. Violating any applicable law, rule, or regulation may constitute a violation of the Lease.(7-1-25)

IDAPA 20.03.16.002 Administrative Appeals

01.Appeal to Board.

All decisions of the Director are appealable to the Board. An aggrieved party desiring to take such an appeal must, within thirty (30) days after notice of the Director’s decision, file with the Director a written notice of appeal setting forth the basis for the appeal.(3-18-22)

02.Hearing. The Board will hear the appeal at the earliest practical time, or in its discretion, appoint a hearing officer to hear the appeal, within sixty (60) days after filing of the notice of appeal. The hearing officer will make findings and conclusions that the Board may accept, reject or modify. The decision of the Board after hearing or upon a ruling concerning the hearing officer’s findings and conclusions is final.(7-1-25)

03.Judicial Review. Judicial review of the final decision of the Board will be in accord with the Administrative Procedure Act, Title 67, Chapter 52, Idaho Code, by filing a petition in the district court in Ada County, or the county where the Board heard the appeal and made its final decision, within thirty (30) days after notice of the Board’s decision. Service of the Board’s decision may be by personal service or by certified mail to the Lessee.(7-1-25)

IDAPA 20.03.16.003 (Reserved)

IDAPA 20.03.16.010 Definitions

The terms Mineral Lands, Mineral, and Mineral Right are defined in Section 47-701, Idaho Code. The terms Casual Exploration and Motorized Exploration are defined in Section 47-703A, Idaho Code. The term Legal Subdivision is defined in Section 58-809, Idaho Code. In addition to the identified definitions in Idaho Code, the following definitions apply to these rules:(7-1-25)

01.Board. The Idaho State Board of Land Commissioners or its designee, or where appropriate, the state of Idaho.(7-1-25)

02.Commission. The Idaho Oil and Gas Conservation Commission.(3-18-22)

03.Department. The Idaho Department of Lands.(3-18-22)

04.Director. The Director of the Idaho Department of Lands or their designee.(7-1-25)

05.Exploration. Activities related to the various geological and geophysical methods used to detect and determine the existence and extent of hydrocarbon deposits.(3-18-22)

06.Final Board Approval. Approval of a Lease occurs after the Lease is signed by the Governor, Secretary of State, and Director, on behalf of the Board, after approval of the Lease by a majority of the Board. All approved Leases must first be signed by the Lessee and then by the above-entitled state officials.(7-1-25)

07.Lease. A written agreement between the Department and a Person containing the terms and conditions upon which the Person will be authorized to use State Lands.(7-1-25)

08.Lessee. The Person to whom a Lease has been issued and his successor in interest or assignee(s).

More than one (1) Person may be entered as an applicant on the application form but only one (1) Person will be designated in the application for Lease or assignment as the Lessee of record with sole responsibility for the Lease under these rules.(7-1-25)

09.Lessor. The Board on behalf of the state of Idaho.(3-18-22)

10.Natural Gas Plant Liquids. Hydrocarbon compounds in raw gas that are separated as liquids at gas processing plants, fractionating plants, and cycling plants. Includes ethane, liquefied petroleum gases (propane and the butanes), and pentanes plus any heavier hydrocarbon compounds. Component products may be fractionated or mixed.(3-18-22)

11.Oil and Gas. Oil or gas, or both.(7-1-25)

12.Person. An individual, corporation, partnership, limited liability company, association, trust, unincorporated organization or other legal entity qualified to do business in the state of Idaho, and any federal, state, county, or local unit of government.(7-1-25)

13.Production in Paying Quantities. That gross income from oil and/or gas produced and saved (after deduction of taxes and royalty) that exceeds the cost of operation.(3-18-22)

14.State Lands. Lands, including the beds of navigable waters within Idaho in which the title to Mineral Rights is owned by the state of Idaho, that are under the jurisdiction and control of the Board or any other state agency.(7-1-25)

15.Tract. An expanse of land representing the surface expression of the underlying Mineral estate, which includes oil and gas rights owned by the State, that:(7-1-25)

a.May be identified by its public land survey system of rectangular surveys that subdivides and describes land in the United States in the public domain and is regulated by the U.S. Department of the Interior, Bureau of Land Management;(3-18-22)

b.Is of no particular size;(3-18-22)

c.Is a maximum size of six hundred forty (640) acres or one section, unless otherwise determined by the Director;(3-18-22)

d.May be irregular in form;(3-18-22)

e.Is contiguous;(3-18-22)

f.May lie in more than one township or one section;(3-18-22)

g.May have a boundary defined entirely or in part by natural monuments such as streams, divides, or straight lines connecting prominent features of topography;(3-18-22)

h.May include the Mineral estate beneath navigable waters of the State; and(7-1-25)

i.May be combined with other Tracts to form a Lease.(7-1-25)

IDAPA 20.03.16.011 (Reserved)

IDAPA 20.03.16.020 Qualified Applicants and Lessees

Any Person who does not have a contract in default with the s tate of Idaho or any department or agency thereof is a qualified applicant and Lessee. Neither Board members nor Department employees may take or hold such Lease.

IDAPA 20.03.16.021 Exploration

01.Written Permit Required.

Any appreciable surface disturbing activity, including Motorized Exploration, on State Lands is prohibited, except when a written exploration permit is received for exploration for a period of time as determined by the Director. This permit is in addition to any permit required by the Commission.

02.Permit Conditions. The Director will determine when the exploration permit expires. The permit contains conditions that the Director determines will protect the existing surface uses and resources of the State. The permit applicant must pay the fee required by Section 120 in advance of the permit being issued.(7-1-25)

IDAPA 20.03.16.022 Lease Acquisition Process

01.Acquiring a Lease.

A Lease may be acquired for the exclusive right and privilege to explore for and produce Oil and Gas by oral auction, online auction, or such other method of competitive bidding, which is authorized by the Board and, based on the Board’s discretion, determined to be in the state’s best interest. The Lease will be awarded to the winning bidder at close of auction. The winning bidder at auction will be issued the Lease by the Department on the first day of the month following Final Board Approval. The Board and Department reserve the right to reject any or all nominations or bids, and expressly disclaim any liability for inconvenience or loss caused by errors that may occur concerning lease offerings.(7-1-25)

02.Lease Provisions.(3-18-22)

a.Advance Annual Rental. The Lessee must pay to the state of Idaho an advance annual rental for each lease of three dollars ($3) per acre with a minimum of two hundred fifty dollars ($250) per Lease.(7-1-25)

b.Notification at End of Lease Period. The Lessee must notify the Director in writing prior to the final year of his Lease that drilling or reworking operations has commenced on the leased premises, or on lands pooled or unitized therewith, and will extend beyond the expiration date of the Lease. Advance annual rental, per Subsection 022.02.a. for any additional and each succeeding year, must be received prior to the Lease’s expiration date and entitles the Lessee to hold the Lease only as long as drilling or rework operations are pursued in accord with these rules. There will be no refund of unused rental.(7-1-25)

c.Abandonment. During any additional or succeeding year of any Lease, cessation of production for a period of six (6) months, or cessation of continuous operations as provided in Subsection 055.03.b., is considered an abandonment. The Lease will then automatically terminate at its next anniversary date unless the Director determines that such cessation of production or continuous operations is justified or the well meets the requirements of a shut in well under Subsection 022.02.d.(7-1-25)

d.Suspension of Production. The Director may grant a suspension of production after receiving a Lessee’s written application. The Lessee must show: that they are unable to market Oil and Gas from a well located on the leased premises, which is capable of Oil and Gas Production in Paying Quantities, due to a lack of suitable production facilities, of a lack of a suitable market for Oil and Gas, and that such conditions are outside of the reasonable control of the Lessee, and; that the Lease is being otherwise maintained in force and effect. The suspension of production cannot exceed one (1) year. The Lessee may request an extension of the suspension of production by submitting a written request to the Director at least thirty (30) days before the suspension period expires. If the well is shut in, and the Director approves the application for suspension of production prior to the expiration or termination of the Lease, then the Lease will be extended, per Section 47-801, Idaho Code, for a period of one (1) year if: (i) the well is shut in; (ii) the Lessee tim ely submits an application in a form approved by the Director, and; (iii) upon approval of said application, pays a shut-in royalty in the amount equal to double the annual rental, per Subsection 022.02.a., for each well capable of producing Oil or Gas in paying quantities. The Lessee must remit the shut-in royalty payment while the Lease is otherwise maintained in force and effect. Payment of shut-in royalty after the expiration or other termination of the Lease will not revive or extend the Lease.(7-1-25)

e.Water Rights. The Lessee will comply with all state laws and rules regulating the appropriation of water rights. No water rights developed or obtained by the Lessee in conjunction with operations under a Lease may be sold, assigned, or otherwise transferred without the Director’s written approval. Upon surrender, termination, or expiration of the Lease, the Lessee must take all actions required by the Director to assign to the Board all water rights, including applications and permits, subject to applicable laws regarding the transfer or assignment of permits to appropriate water.(7-1-25)

03.Nominating a Tract for Auction. A Tract may be nominated for auction either by the Department or by application to the Department. Nomination must be made at least ninety (90) days prior to a Departmentdefined close of auction date. Any qualified Person may nominate a Tract for lease auction by submitting a Department nomination form to the Department and paying the nomination fee, which is determined by the Board.

Each nomination for a Tract for auction is deemed an offer by the nominating Person to Lease the Tract for the advance annual rental amount, per Subsection 022.02.a.(7-1-25)

04.Withdrawing a Tract for Auction. A Tract nomination may be withdrawn by the nominator if a written request for withdrawal is received by the Department at least ten (10) business days prior to the auction’s opening date. The nomination fee will not be refunded.(7-1-25)

05.Auction Conditions. The Department will determine the conditions associated with the auction, which may include: when, or if, a Tract will be offered for auction; whether the Tract is to be removed from the auction; whether multiple Tracts will be combined in a single Lease; and any disclaimers, additional information, and any other such terms and conditions associated with the auction of the Tracts. Any such terms and conditions, disclaimers, and additional information will be posted on the Department’s website.(7-1-25)

06.Lease Information for Auction. For each lease to be auctioned, the Department’s website will provide: a lease number designated by the Department; the legal description; the lease length; the number of acres; a minimum bid; a lease template; any lease stipulations; any other lease information; and a specific date, time, and location of the auction. A notice of lease auction will be published at least once per week for the four (4) consecutive weeks prior to the date of auction in a newspaper in general circulation in the county in which the nominated lease is located and in a newspaper in general circulation in Ada County.(7-1-25)

07.Auction Procedure. The Department will determine the procedures associated with the auction, such as the bidder registration procedure. Additional auction procedures are as follows:(7-1-25)

a.Bid Increments. The minimum bid increment is one dollar ($1).(3-18-22)

b.Winning Bid. At close of auction, the winning bid will be the highest dollar amount offered by an auction participant. If, at close of auction, a bid for a lease has not been submitted, then the lease will be awarded to the nominating applicant. Entering a bid constitutes an enforceable contractual obligation.(7-1-25)

c.Amount Due. The amount due for a lease is the winning bid, plus the first year’s annual rental amount, per Subsection 022.02.a., plus the nomination fee. If the nominator of the Tract(s) submits the winning bid the nomination fee will not be included in the amount due since the fee was already submitted to the Department If the nominator is not the winning bidder, they will be refunded the nomination fee.(7-1-25)

d.Transfer of Funds. Unless otherwise required in the notice of auction, the winning bidder for each lease has five (5) full business days after the close of auction to complete the transfer of funds to the Department.

Failure of the winning bidder to transfer funds within the specified period constitutes a breach of contract, and the state may pursue any action or remedy at law or in equity against the winning bidder.(7-1-25)

08.Execution of Lease. The completed lease must be executed by the winning bidder within thirty (30) days from the date of mailing after the close of auction, or from the date of receipt if personally delivered to the appl icant or their agent by the Department. An individual who executes a lease on behalf of another Person must submit a power of attorney outlining such delegated authority.(7-1-25)

IDAPA 20.03.16.023 (Reserved)

IDAPA 20.03.16.045 Royalties

01.Royalty Payments. Unless otherwise s pecified by the Board, the Lessee will pay to the state of Idaho, in money or in kind, a royalty of no less than twelve and one-half percent (12.5%) of the Oil and/or Gas or Natural Gas Plant Liquids produced and saved. The Lessee will make payments in cash unless the state sends written instructions for payment in kind. Royalty is due on all production from the leased premises except that which was consumed for the direct operation of the producing wells or lost through no fault of the Lessee.(7-1-25)

02.Royalty Not Reduced. If royalties are paid in cash, then costs of marketing, transporting and processing Oil and/or Gas or Natural Gas Plant Liquids, or all of them produced, are borne entirely by the Lessee, and such cost will not reduce the Lessor’s royalty directly or indirectly. If the Director elects to take royalty in kind, the Lessee will be reimbursed for reasonable additional storage and transportation costs.(7-1-25)

03.Oil, Gas, and Natural Gas Plant Liquids Royalty Calculation and Reporting. All royalty owed to the Lessor, and not paid in kind, will be paid to the Lessor in the following manner:(7-1-25)

a.Payment of royalty on production of Oil is due and must be received by the Lessor on or before the 65th day after the month of production;(7-1-25)

b.Payment of royalty on production of Gas and Natural Gas Plant Liquids is due and must be received by the lessor on or before the 95th day after the month of production;(7-1-25)

c.All royalty payments must be completed in the form and manner approved by the Department including, the gross amount and disposition of all Oil, Gas, and Natural Gas Plant Liquids produced and the market value of the Oil, Gas, and Natural Gas Plant Liquids;(7-1-25)

d.Lessee must maintain, and make available to the Lessor upon request, copies of all documents, records or reports confirming the gross production, disposition, and market value. This includes gas meter readings, pipeline receipts, gas line receipts, and other checks or memoranda of the amount produced and put into pipelines, tanks, pools, gas lines, or gas storage, and any other reports or records that the Lessor may require to verify the gross production, disposition, and market value; and(7-1-25)

e.Each royalty payment must be accompanied by a check stub that includes: all information required by Idaho Code § 47-332; a schedule, summary, or other remittance advice showing the Lease number; and the amount of royalty being paid on the Lease.(7-1-25)

04.Overriding Royalty. Any assignment of overriding royalty without a working interest made directly by Lessee, from Lessee’s working interest, and not included with an assignment of this Lease, must be filed with the Department, along with the processing fee, per Subsection 120.03, within ninety (90) calendar days from the date of execution of the valid assignment. It is Lessee’s responsibility, not the Department’s, to process and administer any overriding royalty. Any assignment that creates an overriding royalty that cumulatively exceeds the royalty payable to Lessor by greater than five percent (5%), is deemed a violation of this Lease, unless that assignment expressly provides that the obligation to pay the excess overriding royalty is suspended when the average production of oil per well per day, averaged on a monthly basis, is fifteen (15) barrels or less at sixty (60) °F at atmospheric pressure, or; the average Production of gas per day, averaged on a monthly basis, is 60,000 cubic feet (1,700 m3) or less at fourteen and seventy-three hundredths (14.73) pounds per square inch absolute and the standard temperature base of sixty (60) °F. A reservation or assignment of an overriding royalty will not relieve Lessee of any of Lessee’s obligations for payment of Royalties to Lessor. Any reservation or assignment of overriding royalty by Lessee must terminate upon the termination of this Lease.(7-1-25)

IDAPA 20.03.16.046 (Reserved)

IDAPA 20.03.16.050 Land Use, Surface Rights and Obligations

01.Prevention of Injury or Damage.

The Lessee, its assignees, agents, and/or contractors must take all reasonable precautions to prevent injury or damage to persons, real and personal property, and to prevent waste or damage to the oil, gas, and other surface and subsurface natural resources and the surrounding environment including vegetation, livestock, fish and wildlife and their natural habitat, streams, rivers, lakes, timber, and forest and agricultural resources. The Lessee, its assignees, agents, and/or contractors will compensate the Board, its surface lessees, grantees, or contract purchasers for any damage resulting from their operations or any damage resulting from their failure to take all reasonable precautions to prevent injury or damage to persons, real and personal property, and to prevent waste or damage to the oil, gas, and other surface and subsurface natural resources and surrounding environment, as set forth above. The Lessee, its assignees, agents, and/or contractors must comply with all environmental laws, rules, and regulations as they pertain to its operation.(7-1-25)

02.Blowout or Spill. The Lessee must report to the Director any blowout, fire, uncontrolled venting, or oil spill on the leased land within twenty-four (24) hours and confirm this report in writing within ten (10) days.

03.Timber Removal. The Lessee may not unreasonably interfere with the removal of timber purchased prior or subsequent to the issuance of an Oil and Gas Lease. The Lessee may remove any timber required for ingress or egress or as otherwise necessary for operations. The Lessee must pay the current stumpage price, as determined by the Director for any timber cut or removed. Such proceeds go to the state agency that has custody and control over the leased lands.(7-1-25)

04.Potable Water Discovery. If the Lessee finds only potable water in any well drilled for Exploration or production of oil and gas, and the water is of such quality and quantity as to be valuable and usable for agricultural, domestic, or other purposes, the Board may acquire the well with whatever casing is installed in the well at the casing’s fair market value upon the surface lessee, grantee, or contract purchaser assuming all future liabilities and responsibilities for the well, with the approval of the Commission, and if such acquisition is in compliance with Section 058; provided that the surface lessee, grantee, or contract purchaser also complies with applicable laws and rules of the Department of Water Resources.(7-1-25)

05.Reclamation. The Lessee must reclaim all State Lands disturbed by its Exploration and operations so that they are, at least, consistent with previous use by the surface owner. This may include segregating and protecting topsoil and regrading to approximate previous contour. If the Director has determined that substantial removal of topsoil has occurred, the Lessee will replace the topsoil and revegetate to the extent necessary to minimize erosion.(7-1-25)

06.Entry by Director. The Director is permitted, at all reasonable times, to go in and upon the leased lands and premises to inspect the operations and products obtained and to post any lawful notice. The Director may, at any time, require that reasonable tests, surveys, samples, etc., be taken to assure compliance with these rules, in accord with their instruction, without cost to the state of Idaho, to assure compliance with these rules. The Director may at any reasonable time and at state expense, inspect and copy all of Lessee’s books and records pertaining to a Lease under these rules. If the Lessee fails to take timely, corrective measures, as ordered by the Director, Board, or Commission, bond forfeiture may occur and the Director may: shut down Lessee’s operations if the Director determines they are unsafe or are causing or may cause waste or pollution to oil, gas, or other resources, or; or the Director may terminate the Lease and cause damage or unsafe conditions to be repaired or corrected, at the expense of the Lessee.

IDAPA 20.03.16.051 (Reserved)

IDAPA 20.03.16.055 Operations Under the Lease

01.Best Practices.

The Lessee will, at all times, conduct exploration, development, drilling and all operations as a reasonably prudent operator and will conform to the best practice and engineering principles in use in the oil and gas industry.(7-1-25)

02.Designation of Operator. A designation of operator must be submitted to the Director prior to operations commencing when the operations are not conducted by the Lessee and are to be conducted under authority of an approved operating agreement, assignment or other arrangement. The designation authorizes the operator, or their local representative, to act for the Lessee and to sign any papers or reports. The Lessee must immediately report all address changes and termination of an operator’s authority to the Director.(7-1-25)

03.Diligence.(7-1-25)

a.Lessee must diligently explore for the entire Lease. Diligent exploration means that the Lessee continually provides effort, as a reasonably prudent operator would, to achieving production on the leased premises or on lands pooled or unitized therewith, such as performing geological and geophysical surveys and/or drilling a test well.(7-1-25)

b.Following Lessee’s diligent exploration, Lessee must engage in continuous drilling operations on the leased premises or on lands pooled or unitized therewith during the remaining Lease term or any extension of the Lease pursuant to Section 022.02.b. until Production in Paying Quantities is achieved This means there is to be no delay or cessation of drilling for more than one hundred twenty (120) days, unless an extension is granted by the Director in writing. The Director must receive a written request for the extension at least then (10) days prior to the one hundred twenty (120) day period ending.(7-1-25)

c.All wells under a Lease must be drilled, maintained, and operated to produce the maximum amount of oil and/or gas possible, without injury to the well. The Lessee will, subject to the right to surrender the Lease, diligently drill and produce as many wells as necessary to protect the Board from loss resulting from production on other properties. The Lessee may, with the Director’s written consent, compensate the Board for failure to drill and produce such wells.(7-1-25)

04.Loss Through Waste or Failure to Produce. If there is loss through waste or failure to drill and produce protection wells on the leased lands, the Director will determine the value of production accruing to the Board and the compensation due to the Board as reimbursement for such loss. Payment for such losses must be made within sixty (60) days after the date of billing. The value of production resulting from a loss through waste or failure to take corrective measures to protect a well is calculated at ninety percent (90%) of the last year’s actual production royalty or a minimum royalty of five dollars ($5) per acre or fraction thereof, whichever is greater.(7-1-25)

05.By-Products. Where production, use of conversion of Oil and Gas under a Lease, is susceptible of producing a valuable by-product(s), including, without limitation, commercially demineralized water, carbon dioxide, or helium, the Lessee must submit to the Director all available information concerning the potential byproduct(s). The Department may conduct tests or studies, at its expense, and may issue reasonable orders to produce and preserve such by-product(s).(7-1-25)

06.Geothermal Information. Prior to abandoning any well, the Lessee must submit to the Director all available information concerning geothermal resource potential. The Department may conduct tests or studies, at its expense, prior to the abandoning of any well to determine geothermal resource potential. Except as provided in Subsection 022.02.d., the Lessee must promptly plug and abandon any well on the leased land that is not used or useful, in accord with these rules, the Commission’s rules, and any applicable rules and regulations of the Department of Water Resources. When drilling in a known geothermal resources area, the Lessee may need a geothermal resource well permit from the Department of Water Resources.(7-1-25)

IDAPA 20.03.16.056 (Reserved)

IDAPA 20.03.16.060 Assignments

01.Prior Written Approval. No Lease assignment is valid unless approved by the Director in writing.

The assignment does not take effect until the first day of the month following its approval.(7-1-25)

02.Qualified Assignee. A Lease may be assigned to any qualified Person, provided that in the event an assignment partitions leased lands between two (2) or more Persons, neither the assigned nor the retained part created by the assignment may contain less than forty (40) acres or a government lot, whichever is less.(7-1-25)

03.Responsibilities. In an assignment of the complete interest of the leasehold, the assignor and their surety must continue to comply with the Lease and these rules until the effective date of the assignment. After the effective date of any assignment, the assignee and their surety are bound by the Lease to the same extent as if the assignee were the original Lessee, notwithstanding any conditions in the assignment to the contrary; however, the assignor-lessee remains liable for rentals and royalties due and damages accruing prior to the effective date of the assignment.(7-1-25)

04.Segregation of Assignment. If an assignment partitions leased lands between two (2) or more Persons, it must clearly segregate the assigned and retained portions of the leasehold. Resulting segregated Leases continue in full force and effect for the balance of the ten-year term of the original Lease or as further extended pursuant to these rules.(7-1-25)

05.Joint Principal. Where an assignment does not segregate the record title to the Lease, the assignee, if the assignment so provides, may become a joint principal on the bond with the assignor. The application must be accompanied by a consent of assignor’s surety to remain bound under the bond of record, if the bond by its terms does not contain such consent. If a party to the assignment has previously furnished a statewide bond, no additional showing by such party is necessary as to the bond requirement.(7-1-25)

06.Form of Assignment. An assignment is a valid legal instrument, properly executed and acknowledged, setting forth the number of the Lease, a legal description of the land involved, the name and address of the assignee, the interest transferred and the consideration. A fully executed copy of the instrument of assignment must be filed with the application for approval pursuant to Subsection 060.07. An assignment may affect or concern more than one (1) Lease.(7-1-25)

07.Application. The application for approval of an assignment must be submitted on Department forms. The “lessee/assignee of record” must be designated in accordance with Subsection 010.11. If payments out of production are reserved, a statement must be submitted stating the amount, method of payment, and other pertinent items. The statement must be filed with the Department no later than fifteen (15) days after the filing of the application for approval of an assignment.(7-1-25)

08.Denial. The Director may deny an application for assignment if the Lessee or the assignee is delinquent in payment of rentals or royalties or has otherwise violated these rules.(7-1-25)

09.Fee. All applications for approval of assignment must be accompanied by the fee required by Section 120.(3-18-22)

IDAPA 20.03.16.061 (Reserved)

IDAPA 20.03.16.070 Surrender - Relinquishment

01.Procedure.

The Lessee may surrender its Lease, or any surveyed subdivision of the area covered by such Lease, by filing a written relinquishment with the Department. A partial relinquishment may not reduce the remaining acreage in the Lease to less than forty (40) acres or a government lot, whichever is less. The Director may waive the minimum acreage requirement if it is found to be justified on the basis of exploratory and development data derived from activity on the leasehold.(7-1-25)

02.Effective Date. A relinquishment takes effect thirty (30) days after it is received by the Department. After effective relinquishment, the Lessee is relieved of liability under these rules except for the continued obligation of the Lessee and their surety to:(7-1-25)

a.Make payments of all accrued rentals and royalties;(3-18-22)

b.Place all wells on the relinquished land in a condition for suspension of operations or abandonment;

c.Comply with all of the Commission’s rules for plugging of abandoned wells;(7-1-25)

d.Comply with applicable laws and rules of the Department of Water Resources; and(3-18-22)

e.Reclaim the surface and natural resources in accord with these rules.(3-18-22)

03.Partial Surrender. In the event of a partial surrender, the annual rental rate will be reduced proportionately.(7-1-25)

IDAPA 20.03.16.071 Termination - Cancellation of Lease

01.Cause. Except as otherwise provided in these rules, the Director may terminate the Lease for any substantial violation of the Lease ninety (90) days after notice of the violation has been given to Lessee by personal service or certified mail, in which case notice is deemed served upon mailing, unless:(7-1-25)

a.The violation has been corrected; or(3-18-22)

b.The violation is one that cannot be corrected within the notice period and the Lessee has in good faith commenced correcting the violation, within the notice period, and diligently proceeds to complete corrective action, within the time period set by the Director.(7-1-25)

02.Surrender After Termination. Upon the expiration or termination of the Lease, the Lessee will quietly and peaceably surrender possession of the premises to the state. Such surrender does not relieve the Lessee of liabilities that may have accrued in connection with the Lease prior to the surrendering.(7-1-25)

03.Other Wells. Default by the Lessee in performing any of the Lease’s conditions or provisions concerning well(s) on any Legal Subdivision of the leasehold do not affect the right of the Lessee to continue the possession or operation of any other well(s), that are situated upon any other Legal Subdivision of the leasehold.

Where such a default involving one (1) or more well(s) results in cancellation, and the Lessee has other wells on the Lease, which are not in default, such cancellation will result in the division of the defaulting acreage from the Lease and resultant reduction in the size of the Lease held by the Lessee.(7-1-25)

04.Equipment Removal. Upon the expiration of the Lease, its termination, or surrender the Lessee must, remove from the premises all materials, tools, appliances, machinery, structures. The Lessee must do so within ninety (90) days or within the extension that may be granted because of adverse climatic conditions. Equipment subject to removal but not removed within the allotted time, may, at the option of the Director, become property of the state of Idaho, or the Director may cause the property to be removed at the Lessee’s expense.(7-1-25)

IDAPA 20.03.16.072 (Reserved)

IDAPA 20.03.16.080 Bond Requirements

01.Minimum Bond. Prior to Motorized Exploration on leased lands, the surface of which has been sold or leased, the Lessee must submit to the Director a corporate surety bond or collateral bond in the amount of one thousand dollars ($1,000) in favor of the state of Idaho conditioned upon the payment of all damages to the surface that result from the Lessee’s operation. Prior to entry upon the leased land with drilling equipment or prior to commencing any construction in preparation for drilling upon leased lands, the Lessee must submit to the Director a corporate security bond or collateral bond in the amount of six thousand dollars ($6,000) in favor of the state of Idaho conditioned upon compliance with the Lease, these rules, and the payment of all damages to the land surface and all improvements thereon, including crops, which result from the Lessee’s operation, regardless of whether the lands under this Lease have been sold or leased by the Board for any other purpose. This bond is in addition to the drilling bond pursuant to the Commission’s rules. This rule notwithstanding, the Lessee may be required, on a case-by-case basis, to post a bond that exceeds six thousand dollars ($6,000) to protect a surface lessee’s or surface owner’s interests, per Section 47-708, Idaho Code.(7-1-25)

02.Statewide Bond. In lieu of the aforementioned bonds, the Lessee may furnish a good and sufficient “statewide” bond conditioned as above in the amount of fifty thousand dollars ($50,000) in favor of the state of Idaho to cover all Lessee’s Leases and operations carried out under these rules.(7-1-25)

03.Period of Liability. The period of liability of any bond is not to be terminated until all obligations under the Lease and these rules have been fulfilled and the bond is released in writing by the Director.(7-1-25)

04.Form of Performance Bond.(3-18-22)

a.Corporate surety bond means an indemnity agreement executed by or for the Lessee and a corporate surety licensed to do business in the state of Idaho on a Department Oil and Gas Lease Bond form, conditioned in accord with Subsection 080.01 and payable to the state of Idaho.(7-1-25)

b.Collateral bond means an indemnity agreement executed by or for the Lessee and payable to the state of Idaho, pledging cash deposits, negotiable bonds of the United States, state or municipalities, or negotiable certificates of deposit of any bank doing business in the United States. Collateral bonds are subject to the following conditions: The Department obtains possession and deposits such with the state treasurer. The Department will value collateral at its current market value, not face value. Certificates of deposit are made payable to the “State of Idaho or the lessee.” Amount of an individual certificate may not exceed the maximum amount insured by the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation or their successors. Banks issuing such certificates waive all rights of set-off or liens that they have of may have against such certificates. Any such certificates are automatically renewable. The certificate of deposit must be of sufficient amount to ensure that the Department would be able to liquidate such certificates prior to maturity, upon forfeiture, for the amount of the required bond including any penalty for early withdrawal.(7-1-25)

05.Bond Cancellation. Any surety company or indemnitor canceling a bond must give the Department at least sixty-days’ (60) notice prior to cancellation. The Department will not release a surety or indemnitor from liability under existing bonds until the Lessee has submitted to the Department an acceptable replacement bond. Such replacement bond must cover any liability accrued against the bonded principal on the Lease covered by the previous bond.(7-1-25)

06.Surety License. If the license to do business in Idaho of any surety is suspended or revoked, the Lessee must find a substitute for such surety within thirty (30) days after notice by the Department. If the lessee fails to secure a substitute surety, they must cease operations under the Lease. The substitute surety must be licensed to do business in Idaho.(7-1-25)

07.Form. All bonds furnished must be on the Department bond form.(7-1-25)

IDAPA 20.03.16.081 (Reserved)

IDAPA 20.03.16.090 Unit or Cooperative Plans of Development or Operation

01.Unit Plan. For t he purpose of properly conserving the natural resources of any Oil and Gas pool, field, or like area, the Lessee may, with the Director’s written consent, commit the leased lands to a unit, cooperative or other plan of development or operation with other state, federal, Indian, or privately-owned lands.(7-1-25)

02.Contents. An agreement to unitize must: describe the separate Tracts comprising the unit; disclose the apportionment of the production of royalties and costs to the several parties; disclose the name of the operation; and contain adequate provisions for the protection of the interests of all parties, including the state. The agreement must: be signed by or on behalf of those Persons having effective control of the geologic structure; be submitted to the Director with the application to unitize. The agreement is effective only after approval by the Director.(7-1-25)

03.Interested Parties. The owners of any right, title, or interest in the Oil and Gas resources to be developed or operated under an agreement may be regarded as interested parties to a proposed unitization agreement.

Signature of a party with only an overriding royalty interest in unnecessary.(7-1-25)

04.Collective Bond. In lieu of separate bonds for each Lease committed to a unit agreement, the unit operator may furnish and maintain a collective corporate surety bond or a collateral bond, conditioned upon faithful performance of the duties and obligations of the agreement, the Lease that is subject to the agreement and these rules.

The liability under the bond will be for such amount the Director determines to be adequate to protect the state’s interests. If the unit operator is changed, a new bond or consent of surety to the change in principal under the existing bond must be filed within thirty (30) days of assignment.(7-1-25)

05.Lease Modification. The terms of any Lease included in any cooperative or unit plan of development or operation may be modified by the Director with approval of the Lessee, except that a unit agreement must have final approval by the Director for a state cooperative plan or the final approval by the secretary of interior for a federal cooperative plan prior to extending any Lease into its eleventh year and each year thereafter. A Lease so extended expires two (2) years after the unit plan expires provided the Lessee continues to pay the annual rental, per Subsection 022.02.a.(7-1-25)

06.Rentals. Rentals and royalties on Leases so extended are at the rates specified in these rules.

Advanced rental must be paid on or before the extended Lease’s anniversary date. Any unused portion of annual rental will not be refunded.(7-1-25)

07.Evidence of Agreement. Before issuance of a Lease for lands within an approved unit agreement, the Lease applicant must file with the Department evidence that they have entered into an agreement with the unit operator for the development and operation of the lands in a Lease, or a statement giving satisfactory reasons for the failure to enter into such agreement. If such statement is acceptable, the applicant will be permitted to operate independently but be required to perform its operations in a manner that the Director deems to be consistent with the unit operations.(7-1-25)

08.Segregation Prohibited. A Lease may not be segregated if any part thereof is included in a cooperative plan until the pool or field has been defined. Once defined, those areas outside the unit area or pool boundary can be surrendered as provided in Section 070.(7-1-25)

IDAPA 20.03.16.091 (Reserved)

IDAPA 20.03.16.095 Liability Insurance; Special Endorsements

01.Liability Insurance Required. Prior to en try upon the leased lands for purposed other than Casual Exploration or inspection, the Lessee is required to purchase and maintain suitable insurance for the duration of the Lease.(7-1-25)

02.Certificate of Insurance. No work under this Lease will commence prior to the Department’s receipt of a certificate, signed by a licensed insurance agent, evidencing existence of insurance as required above.

Further, such certificate must reflect that no change or cancellation in such coverage will become effective until after the Department receives written notice of such change or cancellation.(7-1-25)

IDAPA 20.03.16.096 (Reserved)

IDAPA 20.03.16.100 Title

The state of Idaho does not warrant title to the leased lands or the Oil and Gas resources that may be discovered thereon; the Lease is issued only under such title as the state of Idaho may have as of the Lease’s effective date or thereafter acquires.(7-1-25)

IDAPA 20.03.16.101 (Reserved)

IDAPA 20.03.16.120 Fees

01.Exploration Permit. One hu ndred dollars ($100) per linear mile or a minimum of one hundred dollars ($100) per section.(3-18-22)

02.Nonrefundable Nomination Fee. The nomination fee is set by the Board at a minimum of two hundred fifty dollars ($250) per Tract.(7-1-25)

03.Processing Fee. The processing fee is set by the Board at a minimum of one hundred dollars ($100) per each document.(3-18-22)

04.Fee Adjustment. The Board may annually adjust these fees without formal rulemaking procedures.(3-18-22)

IDAPA 20.03.16.121 (Reserved)

20.07.02 Rules Governing Conservation of Oil and Natural Gas

IDAPA 20.07.02.000 Legal Authority

Title 47, Chapter 3, Idaho Code.;(7-1-25)

IDAPA 20.07.02.001 Scope

01.Scope.

These rules apply to the exploration and extraction of all crude oil and natural gas resources in the state of Idaho, not including biogas, manufactured gas, or landfill gas, regardless of ownership.(7-1-25)

02.Other Laws. Owners or operators engaged in the exploration and extraction of crude oil and natural gas resources will comply with all applicable laws and rules of the state of Idaho including, but not limited to rules administered by the Idaho Department of Environmental Quality (IDEQ) and rules administered by the Idaho Department of Water Resources (IDWR).(7-1-25)

IDAPA 20.07.02.002 (Reserved)

IDAPA 20.07.02.003 Incorporation by Reference

The following documents are incorporated by reference into these rules:(3-18-22)

01.American Petroleum Institute (API) Bulletin E3, Wellbore Plugging and Abandonment Practices. 2nd Edition, updated April 2018. Available at the office of the Idaho Department of Lands at 300 North 6th Street, Suite 103.(7-1-25)

02.API SPEC 5CT, Specifications for Casing and Tubing. The 11th edition, updated December, 1, 2023. Available at the office of the Idaho Department of Lands at 300 North 6th Street, Suite 103.(7-1-25)

03.API SPEC 10a, Specification for Cements and Materials for Well Cementing. The 25th Edition dated February, 2019, updated through Addendum 2, August 2022. Available at the office of the Idaho Department of Lands at 300 North 6th Street, Suite 103.(7-1-25)

04.American Society for Testing and Materials (ASTM) D69812(2021), Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3 (600 kN-m/m3)).

June 25, 2012 revision. Available at the office of the Idaho Department of Lands at 300 North 6th Street, Suite 103.

05.ASTM 1250-19e1, Standard Guide for the Use of the Joint API and ASTM Adjunct for Temperature and Pressure Volume Correction Factors for Generalized Crude Oils, Refined Products, and Lubricating Oils: API MPMS Chapter 11.1 May 15, 2020 revision. Available at the office of the Idaho Department of Lands at 300 North 6th Street, Suite 103.(7-1-25)

06.ASTM D155712(2021), Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3 (2,700 kN-m/m3)). July 5, 2021 revision. Available at the office of the Idaho Department of Lands at 300 North 6th Street, Suite 103. (7-1-25)

07.Environmental Protection Agency (EPA) SW-846 Method 9090A, Compatibility Test for Wastes and Membrane Liners. Revision 1, July 1992. Available at the office of the Idaho Department of Lands at 300 North 6th Street, Suite 103 and this website: https://www.epa.gov/hw-sw846/sw-846-test-method-9090acompatibility-test-wastes-and-membrane-liners.(7-1-25)

08.Occupational Safety and Health Administration (OSHA) Standard 1910.1200 (Hazard Communication). Last revised 2013. Available at the office of the Idaho Department of Lands at 300 North 6th Street, Suite 103 and this website: https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1200.

IDAPA 20.07.02.004 (Reserved)

IDAPA 20.07.02.010 Definitions

In addition to the definitions found in Section 47-310, Idaho Code, the following apply:(7-1-25)

01.Act. The Idaho Oil and Gas Conservation Act, Title 47, Chapter 3, Idaho Code.(3-18-22)

02.Active Well. A permitted well used for production, disposal, or injection that is not idled for more than twenty-four (24) continuous months.(3-18-22)

03.Barrel. Forty-two (42) U. S. gallons at sixty (60) Degrees F at atmospheric pressure.(3-18-22)

04.Blowout. An unplanned sudden or violent escape of fluids from a well.(3-18-22)

05.Blowout Preventer. A casinghead control equipped with special gates or rams that can be closed and sealed around the drill pipe, or that otherwise completely closes the top of the casing.(3-18-22)

06.Casinghead. A metal flange attached to the top of the conductor pipe that is the primary interface for the diverter system during drilling out for surface casing.(3-18-22)

07.Common Source of Supply. The geographical area or horizon definitely separated from any other such area or horizon, and contains, or from competent evidence appears to contain, a common accumulation of oil or gas or both. Any oil or gas field or part thereof which comprises and includes any area which is underlaid, or which from geological or other scientific data or experiments or from drilling operations or other evidence appears to be underlaid by a common pool or accumulation of oil or gas or both oil and gas.(7-1-25)

08.Completion. An oil well is considered completed when the first new oil is produced through wellhead equipment into lease tanks from the ultimate producing interval after the production casing has been run. A gas well is considered completed when the well is capable of producing gas through wellhead equipment from the ultimate producing zone after the production casing has been run.(3-18-22)

09.Conductor Pipe. The first and largest diameter string of casing to be installed in a well. This casing extends from land surface to a depth great enough to keep surface waters from entering and loose earth from falling in the hole and to provide anchorage for the diverter system prior to setting surface casing.(3-18-22)

10.Cubic Foot of Gas. The volume of gas contained in one (1) cubic foot of space at a standard pressure base and a standard temperature base. The standard pressure base shall be fourteen and seventy-three hundredths (14.73) pounds per square inch absolute and the standard temperature base shall be sixty (60) Degrees F.

11.Development. Any work that actively promotes bringing in production.(3-18-22)

12.Drilling Logs. The recorded description of the lithologic sequence encountered in drilling a well, and any electric, gamma ray, geophysical, or other logging done in the hole.(3-18-22)

13.Fresh Water, Fresh-water, or Freshwater. All surface waters and those ground waters that are used, or may be used in the future, for drinking water, agriculture, aquaculture, or industrial purposes other than oil and gas development. The possibility of future use is based on hydrogeologic conditions, water quality, future land use activities, and social/economic considerations.(7-1-25)

14.Gas-Oil Ratio. The volume of gas produced in standard cubic feet to each barrel of oil or condensate produced concurrently during any stated period.(3-18-22)

15.Gas Well.(3-18-22)

a.A well that produces primarily natural gas;(3-18-22)

b.Any well capable of producing gas in commercial quantities and also producing oil from the same common source of supply but not in commercial quantities; or(3-18-22)

c.Any well classed as a gas well by the Commission for any reason.(3-18-22)

16.Geophysical or Seismic Operations. Any geophysical method performed on the surface of the land utilizing certain instruments operating under the laws of physics respecting vibration or sound to determine conditions below the surface of the earth that may contain oil or gas and is inclusive of, but not limited to, the preliminary line survey, the acquisition of necessary permits, the selection and marking of shot-hole locations, necessary clearing of vegetation, shot-hole drilling, implantation of charge, placement of geophones, detonation and backfill of shotholes, and vibroseis.(7-1-25)

17.Hydraulic Fracturing, Frac’ing, or Fracking. A method of stimulating or increasing the recovery of hydrocarbons by perforating the production casing and injecting fluids or gels into the potential target reservoir at pressures greater than the existing fracture gradient in the target reservoir.(7-1-25)

18.Inactive Well. An unplugged well that has no reported production, disposal, injection, or other permitted activity for a period of greater than twenty-four (24) continuous months, and for which no extension has been granted.(3-18-22)

19.Intermediate Casing. The casing installed within the well to seal intermediate zones above the anticipated bottom hole depth. The casing is generally set in place after the surface casing and before the production casing.(3-18-22)

20.Junk. Debris in a hole that impedes drilling or completion.(3-18-22)

21.Lease. A tract(s) of land that by virtue of an oil and gas lease, fee or mineral ownership, a drilling, pooling or other agreement, a rule, regulation or order of a governmental authority, or otherwise constitutes a single tract or leasehold estate for the purpose of the development or operation thereof for oil or gas or both.(3-18-22)

22.Mechanical Integrity Test (MIT). A test designed to determine if there is a significant leak in the casing, tubing, or packer of a well.(7-1-25)

23.Oil Well. Any well capable of primarily producing oil in paying quantities, but not a gas well.

24.Pit. Any excavated or constructed depression or reservoir used to contain reserve, drilling, well treatment, produced water, or other fluids at the drill site. This does not include enclosed, mobile, or portable tanks used to contain fluids.(3-18-22)

25.Pollution. Constituents of oil, gas, salt water, or other materials used in oil and gas extraction, occurring in fresh water supplies at levels that exceed the standards in IDAPA 58.01.02, “Water Quality Standards,” and IDAPA 58.01.11, “Ground Water Quality Rules,” as the result of the drilling, casing, treating, operation or plugging of wells.(3-18-22)

26.Produced Water. Water that is produced along with oil or gas.(3-18-22)

27.Production Casing. The casing set across the reservoir interval and within which the primary completion components are installed.(3-18-22)

28.Proppant. Sand or other materials used in hydraulic fracturing to prop open fractures.(3-18-22)

29.Release. Any unauthorized spilling, leaking, emitting, discharging, escaping, leaching, or disposing into soil, ground water, or surface water.(3-18-22)

30.Spud.

To start the drilling process by removing rock, dirt, and other sedimentary material with the drill bit by the drilling rig that is capable of drilling the well to the permitted total depth.(7-1-25)

31.Surface Casing. The first casing that is run and cemented in place after the conductor pipe to anchor blow out prevention equipment and seal out freshwater zones.(7-1-25)

32.Surface Water. Rivers, streams, lakes, and springs when flowing in their natural channels.

33.Systems Approach. The disclosure of chemical information by Chemical Abstracts Service (CAS) name only, without disclosing component percentages or chemical relationships.(7-1-25)

34.Tank. A concrete, metal, or plastic stationary vessel used to contain fluids.(3-18-22)

35.Tank Battery. One (1) or more tanks that are connected to receive crude oil, condensate, or produced waters from a well(s) and that serves as the point of collection and disbursement of oil or gas from a well(s).

36.Tank Dike. An impermeable man-made structure constructed around a tank to contain leakage from the tank.(3-18-22)

37.Tubing. Pipe used inside the production casing to convey oil or gas from the producing interval to the surface.(3-18-22)

38.Volatile Organic Compound (VOC). Organic chemical compounds whose composition makes it possible for them to evaporate under normal indoor atmospheric conditions of sixty-eight (68) degrees F and an absolute pressure of fourteen point seven (14.7) pounds per square inch (psi) atmospheric.(7-1-25)

39.Well Report. The written record progressively describing the strata, water, oil, or gas encountered in drilling a well with such additional information as to give volumes, pressures, rate of fill-up, water depths, caving strata, casing record, etc., as is usually recorded in normal procedure of drilling; also, it includes electrical radioactivity, or other similar logs run, lithologic description of all cores, and all drillstem tests, including depthtested, cushion-used, time tool open, flowing and shut-in pressures and recoveries.(7-1-25)

40.Well Site. The areas that are directly disturbed during the drilling and subsequent operation of, or affected by production facilities directly associated with, any oil well, gas well, or injection well, and its associated well pad.(3-18-22)

41.Well Treatment. Actions performed on a well to acidize, fracture, or stimulate the target reservoir.

42.Wildcat Well. An exploratory well drilled in an area of unknown subsurface conditions. (3-18-22)

IDAPA 20.07.02.011 (Reserved)

IDAPA 20.07.02.030 Notices - General

01.Written Authorization Required.

Any notice, request to do work, or request to change previously approved plans, must be filed with the Department in writing unless otherwise directed, and must be approved before work begins. Such approval may be given orally and thereafter confirmed by the Department in writing.(7-1-25)

02.Emergency Authorization. In case of emergency, or a situation where operations might be unduly delayed, written notice required by these rules and regulations may be given orally or electronically and if approval is obtained, confirmed in writing.(7-1-25)

03.Publication of Legal Notices. Whenever these rules require publication of a legal notice in a newspaper, the notice must be published once a week for two (2) consecutive weeks.(7-1-25)

IDAPA 20.07.02.031 Forms

The Department will adopt such forms of notices, requests, perm its, and reports as it may deem advisable or necessary in carrying out the provisions of law and its rules.(3-18-22)

IDAPA 20.07.02.032 Organization Reports

01.Required Content. Before any person engages in any activity covered by the Act and these rules, that person must file an organization report with the Department. The organization report must include the following information:(7-1-25)

a.The person’s name and the type of the business being operated or conducted;(3-18-22)

b.The mailing address to which all correspondence from the Department is to be sent;(3-18-22)

c.The telephone number(s), facsimile number(s), and email address(es) for which contact by the Department may be made;(7-1-25)

d.The names of persons authorized to submit required forms, reports, and other documents to the Department; and(3-18-22)

e.If a legal entity, proof the person is authorized to transact business within the state.(3-18-22)

02.Updates. A supplementary report must be filed with the Department within thirty (30) days of any change to facts stated in a previously-filed organization report.(3-18-22)

IDAPA 20.07.02.033 Designation of Agent

A “Designation of Agent” must be submitted to the Dep artment in a manner and form approved by the Department before commencing operations. A Designation of Agent will be accepted as authority of the agent to fulfill all legal obligations or powers of the owner and to sign any papers or reports required under these rules. All authorized orders or notices given to the designated agent by the Department, when given in the manner hereinafter provided, will be deemed service of such orders or notices upon the owner and the lessee. All changes of address and any termination of the agent’s authority must be immediately reported in writing to the Department, and, in the latter case, the designation of a new agent(s) immediately made. If any agent(s) is incapacitated for duty or absent from the address provided, the owner must designate in writing a substitute to serve in their place. In the absence of such owner or of notice of appointment of a substitute, notices may be mailed by the Department to the agent(s) at the address shown on the current Designation of Agent on file in the Department’s office. Such notice will be deemed service upon the owner and lessee.(7-1-25)

IDAPA 20.07.02.034 (Reserved)

IDAPA 20.07.02.040 Public Comment

Applications submitted under Sections 100, 200, 210, 230 and 330 of these rules will be posted on the Department’s websit e for a ten-day (10) written public comment period. The Department will also send an electronic copy of the application to the respective county, and city if applicable, where the proposed operation is located.(7-1-25)

IDAPA 20.07.02.041 (Reserved)

SUBCHAPTER B – EXPLORATION AND DEVELOPMENT

IDAPA 20.07.02.100 Geophysical Operations

01.Permit Required. Befo re beginning seismic operations, a representative of the client company and the seismic contractor will meet with Department staff, file an application for a permit to conduct seismic operations, and pay an application fee. No seismic operation may be conducted without a permit. The permit for seismic operations may be revoked or suspended or the application for the permit denied by the Department for failure to comply with these rules, the Act, and orders of the Commission or the Department. The Department may revoke, suspend, or deny the application for a seismic permit without a hearing; provided that the seismic contractor will be given an opportunity for a hearing at the next regularly scheduled Commission meeting. Revocation or suspension of a permit does not excuse the seismic contractor or client company from properly plugging existing seismic holes but does prohibit drilling any more. The application for a permit for seismic operations must include:(7-1-25)

a.The proposed route of the seismic line on a topographic or recent air photo base map at a sufficient scale to show roads, buildings, surface waters, and section, township, and range lines. The map must also show additional area as needed for any alternative routing. The alternative routing must be within at least one-half (1/2) mile of the proposed route. Reapplication must be made if the final route strays from the proposed route and outside the designated alternative routing areas.(7-1-25)

b.The proposed energy sources for the seismic operation, such as vibroseis, shot holes, surface shot, or others.(7-1-25)

c.The approximate number, depth, and location of seismic holes and the size of the explosive charges. The application must be accompanied by a map with a scale of one inch equaling two (2) miles that shows the depth and location of the shotholes.(7-1-25)

d.The name and permanent address of the client company the Department may contact about the seismic operation.(3-18-22)

e.The name, permanent address, and phone number of the seismic contractor and their local representative whom the Department may contact about the seismic activity.(7-1-25)

f.The name, phone number, and permanent address of the hole plugging contractor, if different from the seismic contractor.(3-18-22)

g.A detailed description of the hole plugging procedures, and a description of the surface reclamation procedures, if such reclamation is needed.(3-18-22)

h.The anticipated starting date of seismic operations.(3-18-22)

i.The anticipated completion date of seismic operations, and the anticipated date of any required reclamation or hole plugging.(3-18-22)

j.A description of the identifying mark that will be on the hat or nonmetallic plug used in the plugging of the seismic hole.(7-1-25)

02.Operating Requirements. All geophysical operations must comply with the following:(7-1-25)

a.Vehicles utilized by the permit holder, its agents, or contractors, shall be clearly identified by signs or markings utilizing letters or numbers, or a combination thereof, a minimum of three (3) inches in height and onehalf (1/2) inch wide, indicating the name of the permit holder, its agent, or contractor.(7-1-25)

b.No seismic source generation from vibroseis, shot holes, surface shot, or other method may be conducted within two hundred (200) feet of any residence, water well, oil well, gas well, injection well, or other structure without having first secured the express written authority of the owner thereof and the permit holder shall be responsible for any resulting damages.(7-1-25)

c.Written authority from the owner of a residence, water well, oil well, gas well, injection well or other structure must also be obtained if any explosive charge exceeds the maximum allowable charge within the scaled distance below:

DISTANCE TO STRUCTURE

(Feet)* MAXIMUM ALLOWABLE CHARGE WEIGHTS (Pounds)*

IDAPA 20.07.02.500 5 1002.0 1504.5 2008.0 25012.0 30018.0

d.The maximum allowable charge weight is twenty-five (25) pounds, unless the permit holder requests and secures the Department’s prior written authorization.(7-1-25)

e.All seismic sources placed for detonation shall contain additives to accelerate the biodegradation thereof and be handled with due care in accordance with industry standards. Cap leads for any seismic sources that fail to detonate shall be buried at least three (3) feet deep.(7-1-25)

f.All vegetation cleared to the ground shall be cleared in a competent and workmanlike manner in the exercise of due care.(3-18-22)

g.Unless otherwise consented to by the surface owner in writing, permit holder may not cut down any tree measuring six (6) inches or more in diameter, as measured at a height of three (3) feet from the ground surface, unless there are no reasonable alternatives to the removal of such tree(s) available to permit holder. Permit holder shall compensate surface owner the value of all such trees removed.(7-1-25)

h.All excessive rutting or soil disturbances shall be repaired or restored to the original condition and contour to the extent reasonable, unless otherwise agreed to by the permit holder and the surface owner in writing.

i.All fences removed shall be replaced, unless otherwise agreed to by the permit holder and the surface owner in writing.(3-18-22)

j.All debris associated with the seismic activity shall be removed and properly disposed.(3-18-22)

03.Bond Required.(3-18-22)

a.Before beginning geophysical operations, the geophysical contractor must file and have approved by the Department a bond of at least ten thousand dollars ($10,000). The Department may increase this bonding requirement for geophysical contractors based on the amount of potential damage from the contemplated operation.

The condition of such bond shall comply with the Act, these rules, and orders of the Commission or the Department.

The obligation of the bond shall not be discharged until one (1) year from completion of the survey or until the geophysical contractor has complied with the Act, these rules, and orders of the Commission or the Department.

b.Persons or other entities who engage in plugging seismic holes and are not a regular full-time employee of the seismic company, owner, or operator shall have posted with the Administrator a surety bond in favor of the Department. Said bond shall be on a form prescribed by the Department and in the amount of five thousand dollars ($5,000). The condition of the bond shall comply with the Act, these rules, and orders of the Commission or the Department.(7-1-25)

04.Newspaper Notice. Before beginning geophysical operations, the geophysical contractor shall publish a legal notice in a newspaper of general circulation in the county where the survey will be conducted, stating the nature and approximate time period of the seismic operations. These requirements do not apply to operations conducted within a well or by aerial surveys.(7-1-25)

05.Owner and Occupant Notification.

No person may conduct seismic operations without the permit holder having first given notice at least thirty (30) calendar days prior to commencement of field seismic operations, or at the time permission is granted if less than thirty (30) days.(7-1-25) 35025.0 * Based upon a charge weight of seventy (70) Foot/Pound ½ DISTANCE TO STRUCTURE (Feet)* MAXIMUM ALLOWABLE CHARGE WEIGHTS (Pounds)*

a.The notice shall be in writing and given either personally or by certified United States mail to the following persons:(3-18-22)

i.Surface owners reflected in the tax records of the counties where the lands are located, at the mailing addresses identified for such surface owners in such records;(3-18-22)

ii.Occupants residing on the lands who are not the surface owners, if it can be reasonably ascertained that there are such occupants; and(3-18-22)

iii.Owners or operators of oil and gas wells within the seismic survey area, as reflected in Department records.(3-18-22)

b.The notice shall contain the following:(3-18-22)

i.Name of the person or entity that is conducting the seismic operations;(3-18-22)

ii.Proposed location of the seismic operations; and(3-18-22)

iii.Approximate date the person or entity proposes to commence seismic operations.(3-18-22)

06.Department Notifications.(3-18-22)

a.The permit holder shall also notify the Department within five (5) business days of the commencement and completion of each seismic operation.(3-18-22)

b.Before beginning geophysical operations other than seismic operations, the geophysical contractor shall file a notice of intention to do so with the Department. Said notice shall describe the geophysical method to be used and be accompanied by a map of a scale of one (1) inch equals two (2) miles showing the location of the project.

07.Reports and Notices Required.(3-18-22)

a.Activity Report. Upon completion of the seismic activity or at thirty (30) day intervals after the work has commenced, whichever occurs first, the seismic contractor shall file with the Department a report of the completion or progress of the seismic project. The final completion report shall be in affidavit form and include a seven and one-half (7.5) - or fifteen (15) minute United States Geological Survey topographic quadrangle map (at a scale of one (1) inch equals two thousand (2,000) feet or one (1) inch equals four thousand (4,000) feet that shows section, township, and range) and the location of each survey so that the shot holes and other potential impacts can be easily located. The final completion report must also include a statement that all work has been performed in compliance with the application for a permit to perform seismic activity, Section 100 of these rules, and permit provisions. Said maps, applications, and reports will be kept confidential by the Department for a period of one (1) year from the date of receipt, subject to the needs of the Department to use them to enforce these rules, the Act, and the orders of the Commission or the Department. Also, surface owners may be advised of the location of seismic lines or seismic holes on their land and of the exploration method used.(7-1-25)

b.Plugging Notice. Seismic contractors shall give the Department at least twenty-four (24) hours advance notice of shothole plugging operations, provided that notice of plugging operations planned for Sunday or Monday may be given on the previous Friday.(3-18-22)

08.Client-Contractor Responsibility.

The client company may be held responsible along with the seismic contractor for the seismic contractor’s failure to comply with these rules, the Act, and orders of the Commission or the Department. The hats used in the plugging of seismic holes must be imprinted with the name of the contractor responsible for the plugging of the hole.(7-1-25)

09.Plugging. Unless the seismic contractor can prove to the satisfaction of the Department that another method will provide better protection to ground water and long-term land stability, seismic shothole operations must be conducted as follows:(7-1-25)

a.When water is used in conjunction with the drilling of seismic shotholes and artesian flow is not encountered at the surface, seismic holes are to be filled with a high grade bentonite/water slurry mixture. The slurry must have a density that is at least four percent (4%) greater than the density of fresh water and a Marsh funnel viscosity of at least sixty (60) seconds per quart. Density and viscosity are to be measured prior to adding cuttings to the slurry. Cuttings not added to the slurry are to be disposed of per Paragraph 100.09.f. of this rule. Any other suitable plugging material commonly used in the industry may be substituted for the bentonite/water slurry if the physical characteristics of said substitute are comparable to those of the bentonite/water slurry. Between November 1 and May 1, coarse ground bentonite approved by the Department must be used as a plugging material.(7-1-25)

b.The hole will be filled with the slurry from the bottom up to a depth of three (3) feet below ground level. A nonmetallic plug will be set at this depth and the remaining hole will be filled and tamped to the surface with cuttings and native soil.(7-1-25)

c.When drilling with air and nonartesian water is encountered, the hole shall be plugged with the slurry mixture, or coarse ground bentonite, as specified in Paragraph 100.09.a.(7-1-25)

d.When drilling with air only and in completely dry holes, plugging may be accomplished by returning the cuttings to the hole, tamping the returned cuttings to the above-referenced depth of three (3) feet below ground level, and setting the Permaplug topped with more cuttings and soil as per Paragraph 100.09.b. A small mound will be left over the hole for settling allowance. Auger holes twenty (20) feet or less in depth may be plugged in this same manner.(7-1-25)

e.Seismic holes shall be properly plugged and abandoned as soon as practical after the shot has been fired and may not be left unplugged for more than thirty (30) days without written approval of the Department.

f.Any slurry, drilling fluid, or cuttings deposited on the surface around the seismic hole will be raked or otherwise spread out to at least within one (1) inch of the surface, so that the growth of the natural grasses or foliage will not be impaired.(7-1-25)

g.The requirements of Paragraphs 100.09.a. through 100.09.f. of this rule may be modified by any reasonable written agreement between the seismic company and the surface owner.(3-18-22)

h.If artesian flow (water flowing at the surface) is encountered in the drilling of any seismic hole, cement will be used to seal off the water flow thereby preventing cross-flow, erosion, and/or contamination of freshwater supplies. Said holes shall be cemented immediately.(3-18-22)

i.After completing the plugging of seismic shot holes and spreading the cuttings as required by this rule, the seismic contractor shall record the Global Positioning System (GPS) location of the seismic hole, and the cont ractor shall provide the location data to the Department.(7-1-25)

10.Forfeiture of Geophysical Exploration Bond. The Department may forfeit the bond submitted under Subsection 100.03 of this rule upon failure of the owner or operator to conduct the seismic survey and complete reclamation in conformance with Section 100 of this rule. The owner or operator will be given an opportunity to address compliance issues prior to the Department acting against the bond.(7-1-25)

IDAPA 20.07.02.101 (Reserved)

SUBCHAPTER C – DRILLING, WELL TREATMENT, AND PIT PERMITS

IDAPA 20.07.02.200 Permit to Drill, Deepen, or Plug Back

01.Permits Required. Prior to the commencement of operations to drill, deepen, or plug back to any source of supply other than the existing producing horizon, an application must be filed with the Department and approval obtained. Any permit issued under Subchapter C of this rule may be revoked or suspended or the application for permit denied by the Department for failure to comply with these rules, the Act, and orders of the Commission or the Department.(7-1-25)

02.Fees. An application fee must accompany each application for permit to drill, deepen, or plug back.

No service fee is required for a permit to deepen or plug back if completed within one (1) year from issuance of permit to drill a well.(7-1-25)

03.Time Required to Commence Operations; Term of Permit. Permits to drill, deepen, or plug back will expire one (1) year after being issued by the Department, unless the work for which the permit was issued has been started. Prior to the expiration of the permit, the owner or operator may apply to the Department for a onetime, six-month extension if work has not started. If conditions have not changed and no changes to the permit are requested, the extension may be approved by the Department. If a permit expires due to the failure to commence operations, then reapplication is required prior to commencing operations.(7-1-25)

04.Application. The Application for Permit to Drill shall include a Department approved form and the following:(3-18-22)

a.An accurate plat showing the location of the proposed well with reference to the nearest lines of an established public survey.(3-18-22)

b.The location of the nearest structure with a water supply, or the nearest water well as shown on the IDWR registry of water rights or well log database.(3-18-22)

c.Information on the type of tools to be used and the proposed logging program.(3-18-22)

d.Proposed total depth of the well, estimated depth to the top of the important geologic markers, and the estimated depth to the top of the target formations.(7-1-25)

e.The proposed casing program, including size and weight thereof, the depth at which each casing type is to be set.(3-18-22)

f.The type and amount of cement to be used, and the intervals cemented.(3-18-22)

g.Information on the drilling plan.(3-18-22)

h.Best management practices to be used for erosion and sediment control.(3-18-22)

i.Plan for interim reclamation of the drill site after the well is completed, and a plan for final reclamation of the drill site following plugging and abandonment of the well. These plans must contain the information needed to implement reclamation as described in Subsection 310.16 and Section 510 of these rules.

j.Applications that include the following actions must also provide the information from the respective Section of these rules:(3-18-22)

i.Well treatments require the submittal of the information in Section 210.(3-18-22)

ii.Pit construction and use requires the submittal of the information in Section 230.(3-18-22)

iii.Directional or horizontal drilling requires the submittal of the information in Section 330.

k.Any other information which may be required by the Department based on site-specific reasons.

IDAPA 20.07.02.201 Multiple Zone Completions

01.Requirements of the Owner or Operator; Request for Approval. A multiple zone completion may be approved by the Department upon application by the owner or operator and payment of an application fee.

The application must include an exhibit showing the location of wells on applicant’s lease and all offset wells on leases, and shall set forth all material facts involved, and the manner and method of completion proposed, including a diagrammatic sketch of the mechanical installation of the proposed well. The applicant must mail notice of the filing of such application to each offset operator. The notice must contain a full description of the proposed completion for which approval is requested. Proof of mailing notice must be made by an affidavit attached to the application showing names and addresses of those to whom notice was mailed.(7-1-25)

02.Conditions for Approval; Cause for Hearing. If the Department agrees with the application and no offset operator files a written objection to the application with the Department within ten (10) days of the date of the offset operator’s receipt of application, the application shall be approved as an amendment to the drilling permit.

If any offset operator files said objection, or if the Department is not in agreement with the application, the matter shall be immediately set for hearing and Notice of Hearing duly given by the Department.(7-1-25)

03.Zone Effectiveness; Requirement for Production Testing. The Department may require such tests as necessary to determine the effectiveness of the segregation of the different productive zones.(3-18-22)

04.Commingling Production. The Department may require that oil or gas from multiple zones be produced through different sets of tubing, if needed to protect correlative rights or to prevent waste.(3-18-22)

IDAPA 20.07.02.202 (Reserved)

IDAPA 20.07.02.210 Well Treatments

01.Application Required.

An Application for Permit to Drill required by Section 200 must include any plans for well treatment if they are known before the well is drilled. If well treatments are not covered in the original drilling permit, then an application to amend the permit must be made to the Department with an application fee. Approval by the Department is required before the well treatments are implemented. Actions to clean the casing or perforations not in excess of pressures sufficient to overcome the fracture gradient in the surrounding formation are not considered to be well treatments, but operators must notify the Department when such actions occur. Applications for well treatments must include the permit number, well name, well location, as-built description if drilling has been completed, and the following:(7-1-25)

a.Depth to perforations or the openhole interval;(3-18-22)

b.The source of water or type of base fluid;(3-18-22)

c.Additives, meaning any substance or any combination of substances including proppant, having a specified purpose that is combined with base treatment fluid by trade name, if available, and a Safety Data Sheet (SDS) for each additive;(7-1-25)

d.Type of proppant(s);(3-18-22)

e.Anticipated percentages by volume and total volumes of base treatment fluid, individual additives, and proppant(s);(3-18-22)

f.Estimated pump pressures;(3-18-22)

g.Method and timeline for the management, storage, and disposal of well treatment fluids, including anticipated disposal site of treatment fluids or plans for reuse;(3-18-22)

h.Size and design of storage pits, if proposed, in conformance with Section 230 of these rules;

i.Information specific to hydraulic fracturing as described in Section 211 of these rules;(3-18-22)

j.Summary identifying all water bearing zones from the surface down to the bottom of the well;

k.Fresh water protection plan that describes the proposed site-specific measures to protect water quality from activities associated with well treatments. The Department will review this plan in consultation with the IDEQ. The Freshwater Protection Plan shall include the following information:(7-1-25)

i.Ground water and storm water best management practices;(3-18-22)

ii.Statement certifying that the owner or operator is complying with Spill Prevention, Control, and Countermeasures (SPCC) requirements administered by the EPA;(3-18-22)

iii.A preconstruction topographic site map or aerial photos identifying all habitable structures, wells, perennial and intermittent springs, surface waters, and irrigation ditches within one-quarter (1/4) mile of the oil or gas well. The distance or location may be changed based on site-specific factors such as horizontal drilling, the expected length of fractures, or lack of suitable water sample locations within one-quarter (1/4) mile;(7-1-25)

iv.A brief description of the structural geology that may influence ground water flow and direction; and(3-18-22)

v.The general hydrogeological characteristics of the treatment area and surrounding land. (3-18-22)

l.Certification by the owner or operator that all aspects of the well construction, including the suitability and integrity of the cement used to seal the well, are designed to meet the requirements of proposed well treatments;(3-18-22)

m.Affidavit signed by the owner or operator stating that all homeowners and water well owners within one-quarter (1/4) mile of the oil or gas well, and all owners of a public drinking water system that have an IDEQ recognized source water assessment or protection area within one-quarter (1/4) mile of the oil or gas well, have been notified of the proposed treatment. If a well deviates from the vertical, these surface distances will be from the entire length of the wellbore from the surface to total depth. The notification will also offer an opportunity to have the owner or operator sample and test the water, at the owner or operator’s cost, before and after the well treatment.

Notification shall be by certified mail to the surface owner as identified by the county assessor’s records, or to the well owner as identified on the IDWR registry of water rights or well log database;(7-1-25)

n.Proof of publication in a newspaper of general circulation in the county where the well is located of a legal notice briefly describing the well treatment to be performed. Notice shall also advise all water well or public drinking water system owners, as described in Paragraph 210.01.m. of these rules, of the opportunity to have their water tested at the owner’s or operator’s cost before and after the well treatment; and(3-18-22)

o.Additional information as required by the Department.(3-18-22)

02.Master Drilling/Treatment Plans. Where multiple stimulation activities will be undertaken for several wells proposed to be drilled in the same field within an area of geologic similarity, approval may be sought from the Department for a comprehensive master drilling/treatment plan containing the information required. The approved master drilling/treatment plan must then be referenced on each individual well’s Application for Permit to Drill.(3-18-22)

03.Time Limit. If a treatment approved in a drilling permit or amended drilling permit is not started within one (1) year of approval, the well treatment permit will expire, and reapplication will be required before conducting the well treatment. Prior to the expiration date, the owner or operator may apply for a six-month (6) extension. If conditions have not changed, and no changes to the permit are requested, the extension may be approved by the Department.(7-1-25)

04.Inspections. The Department may conduct inspections before, during, and after well treatments.

05.Reporting Requirements. A report on the well treatment must be submitted within thirty (30) days of the treatment. The report shall present a detailed account of the work done and the manner in which such work was performed, including:(3-18-22)

a.The daily production of oil, gas, and water both before and after the operation.(7-1-25)

b.The size and depth of perforations.(3-18-22)

c.Percentages by volume and total volumes of base treatment fluid, individual additives, and proppant(s). This requirement can be met by the submittal of well completion field tickets if they contain this information.(3-18-22)

d.Documentation demonstrating the chemicals used in the well treatment have been reported to the website https://fracfocus.org, its successor website, or another publicly accessible database approved by the Department. The chemical information must be reported in a systems approach.(7-1-25)

e.Information specific to hydraulic fracturing, as described in Section 211 of these rules.(3-18-22)

f.Static pressure testing results before and after the well treatment.(3-18-22)

g.The amounts, handling, and if necessary, disposal at an identified appropriate disposal facility, or reuse of the well stimulation fluid load recovered during flow back, swabbing, recovery, or all from production facility vessels. Reporting of recovered fluids must be included with other monthly production reports required by the Department. Storage of such fluid must be protective of groundwater by using either tanks or authorized lined pits as described in Section 230 of these rules.(7-1-25)

h.Any other information related to operations which alter the performance or characteristics of the well.(3-18-22)

06.Freshwater Protections for Well Treatments.(7-1-25)

a.The Department will not authorize pits, lagoons, ponds, or other methods of subsurface storage for treatment fluids within IDEQ recognized source water assessment or protection areas for public drinking water systems. Owners or operators must store and transport treatment fluids using above ground storage facilities and tanker trucks for well treatments in these locations.(3-18-22)

b.The Department will not authorize well treatments to create fractures within five hundred (500) vertical feet above or below freshwater aquifers.(7-1-25)

c.The owner or operator must complete freshwater monitoring at the owner’s or operator’s cost before and after a well treatment unless the Department, in consultation with IDEQ, determines that the proposed treatment does not pose a threat of pollution to fresh waters. The Department will review and approve all monitoring proposals with IDEQ. The monitoring will be done using representative existing water wells or surface waters within one-quarter (1/4) horizontal mile of the treated well. For wells that deviate from the vertical, sampling may be required within one-quarter (1/4) horizontal mile of the wellbore’s projected location on the surface. If no water wells or s urface waters are present in this area, the sampling area may be enlarged as needed with approval by the Department. If the Department determines that existing water wells are not representative of the ground waters that could be impacted, then the Department may require the owner or operator to install one (1) or more ground water monitoring wells at the owner’s or operator’s cost. The owner or operator must obtain consent from appropriate property owners to gain access prior to any sampling or well construction. When monitoring is required by the Department, the operator will prepare a monitoring plan that includes the following:(7-1-25)

i.Location of proposed monitoring sites;(3-18-22)

ii.Construction details of any sampled or constructed wells including total well depth, depth of screened interval(s), screen size, and drilling log. For existing wells, the operator must make every reasonable attempt to locate this information;(3-18-22)

iii.When possible, data from the existing wells collected within the last five (5) years and analyzed in a state or EPA certified drinking water lab;(3-18-22)

iv.List of proposed analytes, testing methods, and their detection limits;(3-18-22)

v.Additional tests such as stable isotopic analysis; and(3-18-22)

vi.Pre-treatment sampling and analysis when no relevant data exists, and a schedule for post-treatment sampling and analysis.(3-18-22)

d.The owner or operator will provide the Department with copies of any analysis or reports within thirty (30) days of samples being taken. All samples must be analyzed in a state or EPA certified drinking water lab.

e.Pollution of freshwater supplies due to a well treatment is a violation of these rules and Title 47, Chapter 3, Idaho Code.(7-1-25)

IDAPA 20.07.02.211 Hydraulic Fracturing

01.Application Requirements. In add ition to the information required by Subsection 210.01 of this rule, the owner or operator shall provide the following application information regarding hydraulic fracturing:

a.The geological names and descriptions of the formation into which well stimulation fluids are to be injected;(3-18-22)

b.Detailed information on the base stimulation fluid source. For each stage of the well stimulation program, provide the chemical additives and proppants and concentrations or rates proposed to be mixed and injected, including:(3-18-22)

i.Stimulation fluid identified by additive type (such as but not limited to acid, biocide, breaker, brine, corrosion inhibitor, crosslinker, demulsifier, friction reducer, gel, iron control, oxygen scavenger, pH adjusting agent, proppant, scale inhibitor, surfactant);(3-18-22)

ii.The chemical compound name and CAS number as found on the previously submitted SDS (such as the additive biocide is glutaraldehyde, or the additive breaker is ammonium persulfate, or the proppant is silica or quartz sand, and so on for each additive used);(7-1-25)

iii.The proposed rate or concentration for each additive and the total volume of each (such as gel as pounds per thousand gallons, or biocide at gallons per thousand gallons, or proppant at pounds per gallon, or expressed as percent by weight or percent by volume, or parts per million, or parts per billion); and(7-1-25)

iv.The formulary disclosure of the chemical compounds used in the well stimulation(s) for the purpose of protecting public health and safety.(3-18-22)

c.A detailed description of the proposed well stimulation design that shall include:(3-18-22)

i.The anticipated surface treating pressure range;(3-18-22)

ii.The maximum injection treating pressure, which shall be within accepted safety limits. Accepted safety limits are generally eighty percent (80%) of the maximum pressure rating of the pressurized system; (3-18-22)

iii.The estimated or calculated fracture height in both the horizontal and vertical directions. (3-18-22)

02.VOCs and Petroleum Distillates. The injection of VOCs, such as benzene, toluene, ethyl benzene, and xylene, also known as BTEX compounds, or any petroleum distillates into ground water in excess of applicable ground water quality standards is prohibited. VOCs or petroleum distillates may be appropriate as additives, but they are not appropriate for use as the base fluids. The proposed use of VOCs or any petroleum distillates for well stimulation into hydrocarbon bearing zones may be authorized with prior approval of the Administrator. Produced water, which may contain small amounts of naturally occurring VOCs or petroleum distillates, may be used as well stimulation fluid in hydrocarbon bearing zones.(7-1-25)

03.Well Integrity. Prior to the well stimulation, the owner or operator will perform a suitable MIT of the casing, or of the casing-tubing annulus or other MIT methods and submit an affidavit to the Department certifying that the well was tested in anticipation of proposed treatment pressures. The owner or operator will notify the Department of this test twelve (12) to twenty-four (24) hours in advance.(7-1-25)

04.Pressure Monitoring. During the well stimulation operation, the owner or operator shall monitor and record the annulus pressure at the casinghead. If intermediate casing has been set on the well being stimulated, the pressure in the annulus between the Intermediate casing and the production casing shall also be monitored and recorded. If the annulus pressure increases by more than five hundred (500) psi gauge as compared to the pressure immediately preceding the stimulation, the owner or operator shall verbally notify the Department as soon as practicable but no later than twenty-four (24) hours following the incident.(7-1-25)

05.Post-Treatment Report. In addition to the information required by Subsection 210.05 of this rule, the owner or operator shall provide the following post-treatment reporting:(7-1-25)

a.The actual total well stimulation treatment volume pumped;(3-18-22)

b.The actual surface pressure and rate at the end of each fluid stage and the actual flush volume, rate and final pump pressure;(3-18-22)

c.The instantaneous shut-in pressure, and the actual fifteen (15) minute and thirty (30) minute shut-in pressures when these pressure measurements are available;(3-18-22)

d.A continuous record of the annulus pressure during the well stimulation;(3-18-22)

e.A copy of the well stimulation service contractor’s job log, without any cost/pricing data from the field ticket, in lieu of paragraphs (a) through (d) above. If the job log does not contain all the needed information, it must be supplemented with additional information needed to satisfy Paragraphs 211.05.a. through 211.05.d. of this rule.(3-18-22)

f.A report containing all details pertaining to any annulus pressure increases of more than five hundred (500) psi gauge as described in Subsection 211.04 of this rule. The report shall include corrective actions taken, if necessary.(3-18-22)

g.Results of post-treatment fluid analysis used to help determine where the fluid can be disposed.

IDAPA 20.07.02.212 (Reserved)

IDAPA 20.07.02.220 Bonding

01.Individual Bond.

The Department shall, except as hereinafter provided, require from the owner or operator a good and sufficient bond in the sum of not less than ten thousand dollars ($10,000) plus one dollar ($1) for each foot of planned well length in favor of the Department. The bond shall be conditioned upon the performance of the owner’s or operator’s duty to comply with the requirements of the Act and the rules of the Commission, with respect to the drilling, maintaining, operating, and plugging of each well drilled for oil and gas and the reclamation of surface disturbance associated with these activities. Said bond shall remain in force and effect until the plugging of said well is approved by the Department and the well site is reclaimed as described in Section 510 of these rules, or the bond is released by the Department.(3-18-22)

02.Blanket Bond. In lieu of the bond in Subsection 220.01 of this rule, any owner or operator may file with the Department a good and sufficient blanket bond covering all active wells drilled or to be drilled in the state of Idaho. The amount of the blanket bond will be as follows according to the number of active wells covered by the bond:(3-18-22)

a.Up to ten (10) wells, fifty thousand dollars ($50,000);(3-18-22)

b.Eleven (11) to thirty (30) wells, one hundred thousand dollars ($100,000); or(3-18-22)

c.More than thirty (30) wells, one hundred fifty thousand dollars ($150,000).(3-18-22)

03.Inactive Well Bond. An owner or operator must provide the Department with a bond of at least ten thousand dollars ($10,000) plus eight dollars ($8) for each foot of planned well length for each inactive well that is conditioned upon the performance of the duty to comply with the requirements of the Act, these rules, and orders issued by the Commission or the Department; with respect to the drilling, maintaining, operating, and plugging of each well drilled for oil and gas. Said bond shall remain in force and effect until the plugging of said well is approved by the Department, or the bond is released by the Department. Inactive wells may not be covered by a blanket bond as provided in Subsection 220.02 of this rule.(7-1-25)

04.Additional Bonding. The Department may impose additional bonding on an owner or operator given sufficient reason, such as non-compliance, unusual conditions, horizontal drilling, or other circumstances that suggest a particular well or group of wells has potential risk or liability in excess of that normally expected. The owner or operator may request a hearing to appeal either the decision to impose an additional bond or the proposed amount of the bond.(3-18-22)

05.Authorized Bonds. The bond(s) referred to in Section 220 must be by a corporate surety authorized to do business in the state of Idaho or in cash. If cash is used to satisfy the bonding requirements in these rules, interest on the cash will be allocated to the General Fund.(7-1-25)

IDAPA 20.07.02.221 Transfer of Drilling Permits

No person with a permit may transfer the permit to any o ther location or to any other person unless the following requirements are met:(7-1-25)

01.Prior to Drilling Well. If, prior to the drilling of a well, the person to whom the permit was originally issued desires to change the location, he shall submit a letter so stating and another application properly filled out showing the new location. Drilling may not start until the transfer has been approved and the new permit posted at the new location.(7-1-25)

02.During Drilling or After Completion. If, while a well is being drilled or after it has been completed, the person to whom the permit was originally issued disposes of his interest in the well, he shall submit a written statement to the Department setting forth the facts and requesting that the permit be transferred to the person who has acquired the well.(3-18-22)

03.Terms for Acceptance of Transfer. Before the transfer of a drilling permit shall be recognized, the person who has acquired the well must submit a written statement setting forth that he has acquired such well and assumes full responsibility for its operation and abandonment in conformity with the Act, these rules, and orders issued by the Commission or the Department. If bond is required to guarantee compliance with these rules and regulations of the Commission, the person acquiring such well shall furnish bond.(7-1-25)

IDAPA 20.07.02.222 (Reserved)

IDAPA 20.07.02.230 Pit Requirements

01.Plans Required.

If pits are proposed to be constructed in connection with another permit application required by these rules, then the owner or operator must include plans for pit construction in the application. If a pit is needed after the other permits have been approved, then an application to amend the permit must be made to the Department with an application fee. Approval by the Department is required prior to the pit being constructed unless the pit is necessary for an emergency action. Pit applications must include the permit number, well name, well location, as-built description if drilling has been completed, proposed pit location, and plans for pit construction, operation, and reclamation.(3-18-22)

02.Location.(3-18-22)

a.Pits must be located where they are structurally sound and the liner systems can be adequately protected against factors such as wildfires, floods, landslides, surface and ground water systems, equipment operation, and public access.(7-1-25)

b.Pits located in a one-hundred-year floodplain must be in conformance with any applicable floodplain ordinances pertaining to activities within the one-hundred-year floodplain.(7-1-25)

c.Pits may not be located within IDEQ recognized source water assessment or protection areas for public drinking water systems.(7-1-25)

03.Site Preparation. All sites must be properly prepared prior to pit construction. Vegetation, roots, brush, large woody debris and other deleterious materials, topsoil, historic foundations and plumbing, or other materials that may adversely affect appropriate construction, must be removed from the footprint of the pit unless approved by the Department.(3-18-22)

04.Pit Sizing Criteria.(3-18-22)

a.Pits that have constructed berms ten (10) or more feet in height or hold fifty (50) acre-feet or more of fluid must also comply with the dam safety requirements of IDAPA 37.03.06, “Safety of Dams Rules.” (3-18-22)

b.Pits must be designed to hold the maximum volume of fluids being used for drilling or well treatment and the volume of water associated with a one hundred-year, twenty-four-hour precipitation event.

c.Snowmelt events shall be considered in determining the containment capacity.(3-18-22)

d.Pits that are left over winter must be able to contain one hundred twenty-five percent (125%) of the average annual precipitation that falls from October through May.(3-18-22)

e.Pits must be designed to maintain a minimum two (2) foot freeboard at all times. Contingency plans for managing excess fluids shall be described in the application. At no time may fluids in a pit be allowed to escape from the impoundment.(7-1-25)

05.Minimum Plans and Specifications for Reserve, Well Treatment, and Other Short-Term Pits.

Pits used for one (1) year or less, not including extensions, are short-term pits. Construction plans and specifications for short term pits must include the requirements under Subsections 230.02 through 230.04 of this rule and the following:(7-1-25)

a.A prepared subbase, which shall be free of plus three (3) inch rocks, roots, brush, trash, debris or other deleterious materials, and compacted to ninety-five percent (95%) of Standard Proctor Test ASTM D698-07e1 or ninety-five percent (95%) of Modified Proctor Test ASTM D1557-09;(3-18-22)

b.Slopes of two (2) feet horizontal to one (1) foot vertical (2H:1V) or flatter for all interior and exterior pit walls. The top of a bermed pit wall must be a minimum of two (2) feet wide;(3-18-22)

c.A primary liner system consisting of a synthetic liner of at least twenty (20) millimeters thick constructed according to manufacturers’ standards with at least four (4) inches of welded seam overlap and complete coverage on the fl oor and inside walls of the pit. Seams must run parallel to the line of maximum slope so they do not traverse across the slope. The liner edges must be anchored in a compacted earth filled trench at least eighteen (18) inches deep. The liner must be protected against cracking, sun damage, ice, frost penetration or heaving, wildlife and wildfires, and damage that may be caused by personnel or equipment operating in or around these facilities. Liner compatibility must comply with EPA SW-846 method 9090A. Alternative liner systems with similar standards may be proposed by the owner or operator and approved at the Department’s discretion;(7-1-25)

d.Minimum factors of safety, and the logic behind their selection, for the stability of the earthworks and the pit lining system;(7-1-25)

e.Site-specific methods for excluding people, terrestrial animals, and avian wildlife from the pit;

f.Segregation and stockpiling of topsoil in a manner that will support reestablishment of the predisturbance land use after pit closure; and(3-18-22)

g.A closure plan including the following:(3-18-22)

i.Testing of residual fluids and any accumulated solids, if anything other than water-based drilling fluid was placed in the pit;(7-1-25)

ii.Plans for removal and disposal of residual fluids and accumulated solids, with the liner material, at an appropriate facility;(3-18-22)

iii.Regrading plan, replacement of topsoil, and erosion control measures; and(3-18-22)

iv.Reseeding and Revegetation.(3-18-22)

06.Minimum Plans and Specifications for Long Term Pits. Pits used for more than one (1) year, not including extensions, are long term pits. Construction plans and specifications for long term pits must include the requirements under Subsections 230.02 through 230.05 of this rule and the following:(3-18-22)

a.A quality control/quality assurance construction and installation plan;(3-18-22)

b.Type of fluids to be contained in the pit;(3-18-22)

c.Secondary containment synthetic liners, which must have a minimum thickness of sixty (60) millimeters consisting of High Density Polythylene (HDPE) and a maximum coefficient of permeability of 10 -9 cm/ sec, or comparable liners approved by the Department;(7-1-25)

d.Leak detection and collection systems. The plans and specifications shall:(3-18-22)

i.Provide a material between primary and secondary containment synthetic liners to collect, transport, and remove all fluids that pass through the primary containment synthetic liner at such a rate as to prevent hydraulic head from developing on the secondary containment synthetic liner to the level at which it may be reasonably expected to result in discharges through the secondary containment synthetic liner;(7-1-25)

ii.Provide routines and schedules for evaluating the efficiency and effectiveness of fluid removal from the layer placed between primary and secondary containment synthetic liners. The properly working system shall continually relieve head pressures on the secondary containment synthetic liner;(7-1-25)

iii.Provide specific triggers for maintenance routines, which will be initiated in response to inadequate performance of primary or secondary containment synthetic liners; and(7-1-25)

iv.Specify operation and maintenance procedures, which will be initiated in response to inadequate performance of primary and secondary containment or leak detection and collection systems.(7-1-25)

e.All piping, including that contained in the leak detection and collection system, shall have a minimum wall thickness of polyvinyl chloride (PVC) Schedule 80 and be designed to:(7-1-25)

i.Withstand chemical attack from oil field waste or leachate;(3-18-22)

ii.Withstand structural loading from stresses and disturbances from cover materials or equipment operation; and(3-18-22)

iii.Facilitate clean-out and maintenance.(3-18-22)

f.Protections for the liner from excessive hydrostatic force or mechanical damage at the point of discharge into, or suction from, the pit. External discharge or suction lines may not penetrate the liner;(7-1-25)

g.Plans for erosion control during and immediately following construction; and(3-18-22)

h.Operating and maintenance plans.(3-18-22)

07.Time Limits for Short-Term Pits. Reserve, well treatment, and other short-term pits must be closed out and reclaimed within one (1) year of being constructed. The owner or operator may request a one-time extension for up to six (6) months. The Department may grant the request if the owner or operator gives sufficient cause and presents a plan for ensuring that the pit is adequately monitored and maintained.(7-1-25)

a.Fluids may be left in a pit for up to six (6) months after the associated well activities are conducted.

The owner or operator may request a one-time extension for up to one (1) year. The Department may grant the request if the owner or operator gives sufficient cause and presents a plan for keeping the fluids in a usable state.(3-18-22)

b.Notwithstanding the above time limits, the owner or operator may request additional time based upon conditions wholly outside of the owner’s or operator’s control including, but not limited to, governmental lease requirements and delays related to difficult drilling conditions. The Department may impose additional construction or monitoring requirements prior to granting additional time.(3-18-22)

08.Emergency Pits. Pits constructed during an emergency situation may be approved by an after-the fact application submitted to the Department. The requirements in Subsections 230.02 through 230.05 of this rule shall apply, and the pit must be closed out and reclaimed within six (6) months of being constructed. The Department must be notified within twenty-four (24) hours of an emergency situation requiring an emergency pit.(3-18-22)

09.Operating Requirements.(3-18-22)

a.Waste oil, hydraulic fluid, transmission fluids, trash, or any other miscellaneous waste products must not be disposed of in a pit.(7-1-25)

b.If a pit liner’s integrity is compromised, or if any penetration of the liner occurs above the liquid’s surface, then the owner or operator shall notify the appropriate Department area office within forty-eight (48) hours of the discovery and repair the damage or replace the liner.(3-18-22)

c.If a pit or closed-loop system develops a leak, or if any penetration of the pit liner occurs below the liquid’s surface, then the owner or operator shall remove all liquid above the damage or leak line within forty-eight (48) hours, notify the appropriate Department area office within forty-eight (48) hours of the discovery, and repair the damage or replace the pit liner.(3-18-22)

d.The owner or operator shall install, or maintain on site, an oil absorbent boom or other device to contain and remove oil from a pit’s surface. Visible oil must be removed from short-term pits immediately following the cessation of activity for which the pit was constructed. Visible oil must be removed from long-term pits as soon as it is discovered.(7-1-25)

10.Closure of Pits.(3-18-22) a.

The owner or operator shall remove all liquids from the pit before closure and dispose of them at an appropriate facility or reuse them at a different location. If the nature of the fluids has substantially altered during their use, then the fluids must be sampled and tested to determine which disposal facility can accept them.(7-1-25)

b.Any solids that have accumulated in the bottom of the pit will be tested to determine which disposal facility can accept the material. The solid material and liner will then be removed and disposed of at an appropriate facility.(7-1-25)

c.The owner or operator must notify the Department at least forty-eight (48) hours prior to removal of the pit liner so an inspection may be conducted.(3-18-22)

d.The pit foundation will be inspected for signs of leakage. If evidence of leakage is observed, the owner or operator must contact the Department and IDEQ within twenty-four (24) hours and report the type of fluids released and the estimated extent of release. The owner or operator must then remediate the site in conformance with the applicable standards administered by IDEQ in IDAPA 58.01.02,” Water Quality Standards,” Sections 850 through

IDAPA 20.07.02.852 (7-1-25)

e.After addressing any pit leakage concerns, the owner or operator shall undertake surface reclamation activities as provided for in Section 510 of these rules.(7-1-25)

11.Improper Impoundment. The Department may order the owner or operator of a pit that does not properly impound fluids under this rule to dispose of such fluids in conformance with IDAPA 58.01.16, “Wastewater Rules,” and other applicable rules.(7-1-25)

IDAPA 20.07.02.231 (Reserved)

SUBCHAPTER D – WELL SITES AND DRILLING

IDAPA 20.07.02.300 Identification of Wells

01.Signs; Lease Access Roads.

The owner or operator of a producing lease must place a sign where the principal lease road enters the lease. Such sign will identify the name of the lease, the owner or operator thereof, and the section, township, and range.(7-1-25)

02.Signs; Well Sites. Prior to spud activity, a legible sign must be placed near the well to identify the operator, permit number, well name, and emergency telephone number. If a multiple completion, each wellhead connection shall be identified.(7-1-25)

IDAPA 20.07.02.301 Well Site Operations

The owner or operator must conduct all operations and maintain the well site at all times in a safe and workmanlike man ner. Best management practices and good housekeeping practices must be used at well sites.(3-18-22)

01.Fencing. Within sixty (60) days after completion of the well, the owner or operator must install a fence around the well site to maintain safe working conditions, secure the well site, and prevent access by wildlife and livestock. The fence design must be acceptable to both the landowner and owner or operator.(3-18-22)

02.Storage. All chemicals must be stored and maintained in accordance with applicable SDS requirements. Materials related to operations must be palletized where applicable. Vehicles and materials not in use must be removed from the well site.(7-1-25)

03.Vegetation. All well sites must be kept free of excessive vegetation.(3-18-22)

4. Trash. All trash, debris, and scrap metal must be removed from the well site. Before removal, any trash or debris that might constitute a fire hazard shall be removed to a distance of at least one hundred (100) feet from the well location, tanks, and separator.(7-1-25)

IDAPA 20.07.02.302 Accidents and Fires

The owner or operator must take all reasonable precautions to prevent accidents and fires, including preparation of an emergency response plan. Such plan must be available at the well for use or inspection. Coordination with local emergency responders and the Idaho Bureau of Homeland Security is recommended prior to rig set up. The following actions must be taken in event of a release, industrial accident, or fire of major consequence:(7-1-25)

01.Provide Information to Emergency Response. Emergency workers will be given information on all fluids or chemicals involved in a spill or accident as needed according to OSHA Standard 1910.1200 (Hazard Communication). All information required by a health care professional, a doctor, or a nurse shall be supplied, immediately upon request, by the owner or operator, or their contractors, directly to the requesting health care professional, doctor, or nurse, including the percent by volume of the chemical constituents (and associated CAS numbers) in the fluids and the additives;(7-1-25)

02.Initiate Spill Response and Corrective Actions. Owner or operator must comply with the requirements of IDAPA 58.01.02, “Water Quality Standards,” Sections 850 through 852; and(3-18-22)

03.Notify the Department. Notify the Department within twenty-four (24) hours and submit a full report thereon within fifteen (15) days.(3-18-22)

IDAPA 20.07.02.303 (Reserved)

IDAPA 20.07.02.310 General Drilling Rules

01.General Design Requirements for Casing and Cementing. Casing and cementing programs adopted for wells must be planned to protect any potential oil- or gas-bearing horizons penetrated during drilling from infiltration of injurious waters from other sources, and to prevent the migration of oil or gas from one horizon to another. Owners and operators shall follow the standards for casing and tubing in API SPEC 5CT and the standards for cementing in API SPEC 10A.(7-1-25)

02.Wildcat and High-Pressure Conditions. When drilling wildcat territory or in any field where high pressures are likely to exist, the owner or operator shall take all necessary precautions to keep the well under control at all times and use proper high-pressure fittings and equipment at the time the well is started. Under such conditions all strings of casings must be securely anchored.(7-1-25)

03.High Temperature Conditions. Due to high geothermal gradients in Idaho, the temperature of the return drilling mud shall be monitored daily during the drilling of the surface casing hole and all deeper holes. The owner or operator must use cements appropriate for the temperatures expected or encountered.(3-18-22)

04.Conductor Pipe or Casing Requirements. A minimum of forty (40) feet of conductor pipe shall be installed. If geologic conditions are such that forty (40) feet is not feasible, the owner or operator may request a variance from the Department. The annular space must be cemented solid to the surface. A twenty-four (24) hour cure period for the grout must be allowed prior to drilling out the shoe unless sufficient additives, as determined by the Department, are used to obtain early strength.(7-1-25)

05.Surface Casing Requirements.(3-18-22)

a.The owner or operator will notify the Department in writing seventy-two (72) hours in advance of planned spud activity for surface casing. The Department will post the spud activity notice on its website and send an electronic copy to the county where the well is located.(7-1-25)

b.Surface casing must be set at a minimum depth equal to ten percent (10%) of the proposed total well depth. In areas where pressures and formations are unknown, a minimum of two hundred (200) feet of surface casing shall be set.(7-1-25)

c.Surface casing shall provide for control of formation fluids, protection of fresh water, and for adequate anchorage of blow out prevention equipment. The casing must be seated through a sufficient series of low permeability, competent lithologic units such as claystone, siltstone, basalt, etc., to ensure a solid anchor for blow out prevention equipment and to protect usable ground water from contamination. Additional surface casing may be required if the first string has not been cemented through a sufficient series of low permeability, competent lithologic units, or rapidly increasing thermal gradients or formation pressures are encountered.(7-1-25)

d.All surface casing shall be cemented solid to the surface by pump and plug, displacement, or other approved method. When surface samples are cured, additional drilling activities may commence.(3-18-22)

e.The Department must be notified in writing twenty-four (24) hours before planned cementing activity for surface casing. The Department will witness and document all surface casing cementing activities.

06.Requirements for BOP Equipment. Unless altered, modified, or changed for a particular pool(s) upon hearing before the Commission, blowout preventer (BOP) and related equipment shall be installed and maintained during the drilling of all wells as follows:(7-1-25)

a.BOP equipment installed on wells in which formation pressures to be encountered are abnormal or unknown shall consist of a double-gate, hydraulically operated preventer with pipe and blind rams or two (2) singleram-type preventers; one (1) equipped with pipe rams, the other with blind rams and an annular type preventer. In addition, upper and lower kelly cocks, pit level indicators with alarms, flow sensors, or both, with alarms, and surface facilities to handle pressure kicks shall be installed before drilling any formation with known abnormal pressure.

i.Accumulators shall maintain a pressure capacity reserve at all times to provide for operation of the hydraulic preventers and valves with no outside source.(3-18-22)

ii.In all other drilling operations, BOP equipment shall consist of at least one (1) double-gate preventer with pipe and blind rams or two (2) single-ram-type preventers, one (1) equipped with pipe rams, the other with blind rams, and sufficient valving to permit fluid circulation at the surface.(3-18-22)

b.All BOP equipment, choke lines, and manifolds shall be installed above ground level. Casing heads and optional spools may be installed below ground level provided they are visible and accessible.(3-18-22)

c.BOP equipment and related casing heads and spools shall have a vertical bore no smaller than the inside diameter of the casing to which they are attached.(3-18-22)

d.The working pressure rating of all BOP and related equipment shall equal or exceed the maximum anticipated pressure to be contained at the surface.(3-18-22)

e.All ram-type BOP and related equipment, including casing, shall be tested to the full working pressure rating of said equipment upon installation, provided that components need not be tested to levels higher than the lowest working pressure rated component. Annular type BOP and related equipment must be tested in conformance with the manufacturer’s published recommendations. If, for any reason, a pressure seal in the assembly is disassembled, a test to a full working pressure rating of that seal shall be conducted before the resumption of any drilling operation. In addition to the initial pressure tests, ram-type BOP shall be checked for physical operation at least once per week and all components, with exception of the annular-type BOP, tested at least once every twentyone (21) days to at least fifty percent (50%) of the rated pressure of the BOP equipment or to the maximum anticipated pressure to be contained at the surface, whichever is greater.(7-1-25)

f.The owner, operator, or contractor must submit an affidavit covering the initial pressure tests after installation. The Department must be advised at least twenty-four (24) hours in advance of all tests. The Department may inspect and witness all BOP operations and testing.(7-1-25)

g.A schematic diagram of the BOP and wellhead assembly shall be submitted to the Department upon application for a permit to drill. The schematic diagram should indicate the minimum size and pressure rating of all components of the wellhead and BOP assembly.(7-1-25) h.

Studs on all wellhead and BOP flanges shall be checked for tightness each week. Hand wheels for locking screws shall be installed and operational, and the entire BOP and wellhead assembly shall be kept clean of mud and ice.(7-1-25)

i.A drillstem safety valve shall be available on the rig floor at all times with correct thread for the pipe in use.(3-18-22)

j.A drillstem float valve shall be installed in bit sub or as close to bit as reasonably possible.

07.Intermediate Casing.(3-18-22)

a.Intermediate casing, if installed, shall be cemented solidly to the surface or to the top of the casing.

b.Intermediate casing not run to surface will be lapped into at least one hundred (100) feet of the surface casing, or at least one hundred (100) feet of the next larger casing to provide overlap and secure a seal.

c.Such casing shall be cemented and pressure tested before cement plugs are drilled.(3-18-22)

d.The Department must be notified in writing twenty-four (24) hours in advance of planned cementing activity for intermediate casing. The Department may witness and document all intermediate casing cementing activities.(3-18-22)

08.Production Casing; Cementing and Testing Requirements.(3-18-22)

a.Production casing, if needed. shall be cemented and pressure tested before cement plugs are drilled.

b.The Department must be notified in writing twenty-four (24) hours in advance of planned cementing activity for production casing. The Department may witness and document all production casing cementing activities.(3-18-22)

c.When not run to the surface, production casing will be lapped into and cemented from the bottom of the hole up into at least one hundred (100) feet of the next larger casing to provide overlap and secure a seal.

d.If the bottom plug will be drilled out, the open hole interval must be completed to protect any potential oil-bearing or gas-bearing horizons penetrated during drilling from infiltration of injurious waters from other sources, and to prevent the migration of oil or gas from one horizon to another.(3-18-22)

09.Step-off. An owner or operator may submit to the Department a step-off request to complete a new borehole from surface if a borehole without production casing deviates from vertical plumb by more than five (5) degrees. A step-off borehole must be drilled within the existing pad of the permitted well. The incomplete borehole must be plugged and abandoned under Section 502 of these rules.(7-1-25)

10.Well Control (Rotary Tools); Reserve Mud Tanks. When drilling with rotary tools, the owner or operator shall provide, as required by the Department, a reserve mud pit or tank of suitable capacity for the anticipated depth of the well and maintain an on-site supply of mud additives that can raise the mud weight by one (1) pound per gallon in case of loss of well control.(3-18-22)

11.Mud Pits. Before drilling, proper and adequate mud pits shall be constructed for the reception and confinement of mud and cuttings and to facilitate the drilling operation. Special precautions shall be taken, if necessary, to prevent contamination of fresh waters. These pits must comply with Section 230 of these rules. If tanks will be used, then mud pits may not be required.(7-1-25)

12.Well Control (Cable Tools); Fluid Containment. Natural gas or oil which may be encountered in a substantial quantity in any section of a cable tool drilled hole above the ultimate objective shall be shut off with reason able diligence either by mudding, casing, or other approved method, and confined to its original source to the Department’s satisfaction. The use of cable tools for drilling activities requires written approval by the Department before spud activities. A request to use cable tools must include the following:(7-1-25)

a.Proposed pressure control measures;(3-18-22)

b.Diversion and disposal methods for stray gas;(3-18-22)

c.Safety protocols for mud weights and well controls; and(3-18-22)

d.Annual drill rig safety inspection information, including the date of last replacement of cables, draw works inspection report, and metallurgic report of safety compliance for structural integrity of the drill rig.

13.Drilling Mud Disposal. Drilling mud will be disposed of at an appropriate facility in compliance with applicable state and federal requirements.(3-18-22)

14.Report of Water Encountered; Owner’s or Operator’s Duties. Owners or operators drilling an oil or gas well or drilling a seismic, core, or other exploratory hole must report to the Department all potential water bearing zones encountered. Such report shall be in writing and give the location of the well or hole, the depth at which the zones were encountered, the thickness of such zones, and the rate of flow of water if known. This requirement can be met by the submittal of the logs required in Section 341 of this rule.(7-1-25)

15.SPCC Plan. The owner or operator must have an SPCC Plan in conformance with the requirements of the EPA. This plan must be updated as needed when facilities or activities change.(7-1-25)

16.Interim Drill Site Clean Up. If a well is completed for production or other purposes, interim reclamation must be completed within six (6) months of the rig being removed. Interim reclamation includes the following:(7-1-25)

a.Debris and waste materials including, but not limited to, concrete, sack bentonite and other drilling mud additives, sand, plastic, pipe, and cable associated with the drilling, re-entry, or completion operations shall be removed and disposed of properly.(3-18-22)

b.All disturbed areas affected by drilling or subsequent operations, except areas reasonably needed for production operations or for subsequent drilling operations to be commenced within twelve (12) months, shall be reclaimed and revegetated to approximately the pre-drilling condition or to the condition specified in an agreement with the surface owner. The reclamation standards in Subsections 510.04 through 510.07 of these rules, shall apply.

IDAPA 20.07.02.311 Loss of Tool with Radioactive Material

01.Recovery or Cementing of Tool. If a gam ma ray tool, or some other tool containing radioactive material, becomes lost in a well, the owner or operator shall make every reasonable attempt to retrieve the tool from the well. If the tool cannot be recovered, the owner or operator must immediately cover the tool with cement sufficient to secure it in place and prevent it from contacting any fluids in the well. A whipstock or other approved deflection device shall be placed on top of the cement plug to prevent accidental or intentional mechanical disintegration of the radioactive source.(3-18-22)

02.Sidetracking. If the hole is later sidetracked above the radioactive material, the sidetracked hole must be at least fifteen (15) feet from the original hole with the lost radioactive material.(3-18-22)

03.Reporting. A report must be sent to the Department and IDEQ within thirty (30) days of cementing the tool. The report must describe the tool that was lost, the depth it was lost at, the specific type and amount of radioactive material in the tool, and an estimate of the length of cement covering the tool. This report may be included in a plugging report if the well will be plugged.(3-18-22)

IDAPA 20.07.02.312 Chokes

All flowing wells shall be equipped with adequate chokes or beans to properly control the flow thereof.(3-18-22)

IDAPA 20.07.02.313 Use of Earthen Reservoirs

Oil may not be produced, stored, or retained in earthen reservoirs or in open receptacles.(7-1-25)

IDAPA 20.07.02.314 Vacuum Pumps Prohibited

The use of vacuum pumps or other devices for the purpose of p lacing a vacuum on any gas- or oil-bearing stratum is prohibited; however, the Department may upon application and hearing and for good cause shown permit the use of vacuum pumps.(3-18-22)

IDAPA 20.07.02.315 Pulling Outside Strings of Casing

Casing may not be recovered if its recovery will expose any abnormal pressure, lost circulation, oil, gas, or water zone.

In pulling outside strings of casing from any oil or gas well, the space outside the casing left in the hole shall be kept and left full of mud-laden fluid of adequate specific gravity to seal off all fresh and saltwater strata and any strata bearing oil or gas which is not producing. Casing may not be pulled without first making application to the Department and receiving approval. The application must describe how fresh waters will be protected.(7-1-25)

IDAPA 20.07.02.316 (Reserved)

IDAPA 20.07.02.320 Mechanical Integrity Testing

01.Mechanical Integrity Testing.

a.The MIT shall include one (1) of the following to determine whether leaks are present in the casing, tubing, or packer:(7-1-25)

i.A pressure test with liquid or gas at a pressure of not less than three hundred (300) psi or the minimum injection pressure, whichever is greater, and not more than the maximum injection pressure;(7-1-25)

ii.The monitoring and reporting to the Department, on a monthly basis for sixty (60) consecutive months, of the average casing-tubing annulus pressure, following an initial pressure test; or(3-18-22)

iii.Any equivalent test or combinations of tests approved by the Department.(7-1-25)

b.The MIT shall include one (1) of the following to determine whether there are fluid movements in vertical channels adjacent to the well bore:(7-1-25)

i.Tracer surveys;(3-18-22)

ii.Cement bond log or other acceptable cement evaluation log;(3-18-22)

iii.Temperature surveys; or(3-18-22)

iv.Any other equivalent test or combination of tests approved by the Department.(7-1-25)

c.Mechanical integrity tests shall be performed at the rate of not less than one (1) test every five (5) years, regardless of well status. The first five-year period shall commence on the date of the initial MIT.(7-1-25)

02.Inactive Wells. If, at any time, surface equipment excluding the wellhead is removed or the well becomes incapable of production, an MIT shall be performed within thirty (30) days. The MIT for an inactive well shall be isolation of the wellbore with a bridge plug or similar approved isolating device set one hundred (100) feet or less above the highest perforations and a pressure test with liquid or gas at a pressure of not less than three hundred (300) psi surface pressure or any equivalent test or combination of tests approved by the Department.(7-1-25)

03.Prior Notification. At least twenty-four (24) hours prior to the performance of any MIT required by this rule, any person required to perform the test shall notify the Department, in writing, of the scheduled date on which the test will be performed.(7-1-25)

04.Reporting Requirements. MIT results shall be submitted to the Department within thirty (30) days of testing.(7-1-25)

05.Mechanical Integrity Required. All wells shall maintain mechanical integrity. All wells that fail a an MIT, or that are determined through any other means to lack mechanical integrity, shall immediately be investigated by the owner or operator. The well shall be repaired or immediately shut down following the investigation. Repairs shall be completed within six (6) months, or the well shall be plugged and abandoned. If the repair cannot be completed within six (6) months, the owner or operator may request an extension from the Department and provide a plan for the repair to the Department’s satisfaction.(7-1-25)

IDAPA 20.07.02.321 (Reserved)

IDAPA 20.07.02.330 Well Directional Control

01.General Restrictions; Allowa ble Deviation. The maximum point at which a well penetrates the producing formation may not unreasonably vary from the vertical drawn from the center of the hole at the surface.

Deviation is permitted without special permission to remedy blowouts and, for short distances, to straighten the hole, sidetrack junk, or correct other mechanical difficulties.(7-1-25)

02.Controlled Directional Drilling. Except for the purposes recited in Subsection 330.01, no well drilled may be intentionally directionally deviated from the vertical unless the owner or operator thereof first files an application and submits an application fee to amend the drilling permit and receive approval from the Department.

Such application shall contain the following information:(7-1-25)

a.Name and address of the owner or operator.(3-18-22)

b.Lease name, well number, name of field and reservoir, and county.(3-18-22)

c.Description of surface location and proposed location of the producing interval (footage from lease and section or block and survey lines).(3-18-22)

d.Reason for intentional deviation.(3-18-22)

e.List of offset operators and statement that each has been furnished a copy of the application by registered mail.(3-18-22)

f.Signature of representative of owner or operator.(3-18-22)

g.Notification to offset operators that any objection they may have to the proposed intentional deviation of the well must be filed with the Department within fifteen (15) days of receipt of a copy of the application.(3-18-22)

h.The application shall be accompanied by a neat, accurate plat or sketch of the lease and all offset leases showing the names of all offset operators and the surface and proposed producing interval locations of the well. Plat shall be drawn to a scale which will permit facile observation of all pertinent data.(3-18-22)

03.Copy of Application to Offset Operators. At the time the application is filed with the Department, a copy of the application and the plat shall be forwarded by registered mail to all offset operators to the lease on which the well is to be drilled.(3-18-22)

04.Department Action. Upon receipt, the Department will hold the application for ten (10) days. If any offset operator objects to the proposed intentional deviation within ten (10) days of receipt of the application by said operator, or if the Department is not in agreement with the proposed deviation, the application shall be set down for public hearing. If no objection from either an offset operator or the Department is raised within the ten (10) day period, the application shall be approved and permit issued by the Department. If written consent of the offset operator(s) is filed concurrently with the application to drill directionally, the Department may immediately approve the application without waiting ten (10) days.(7-1-25)

05.Angular Deviation and Directional Survey. Upon completion, a complete angular deviation and directional survey of the well obtained by an approved well surveying company shall be filed with the Department, together with other regularly required reports.(3-18-22)

06.Application for Exceptions. In the event the proposed, or final, location of the producing interval of the directionally deviated well is not in agreement with spacing or other rules of the Commission applicable to the reservoir, proper applications shall be made to obtain approval of exceptions to such rules. Such approval shall be granted or denied at the discretion of the Department, and shall be accorded with the same consideration and treatment as if the well had been drilled vertically to the producing interval.(3-18-22)

IDAPA 20.07.02.331 (Reserved)

IDAPA 20.07.02.340 Well Completion/Recompletion Report and Well Report

Within thirty (30) days after the completion of a well dril led for oil or gas, or the recompletion of a well into a different source of supply, or where the producing interval is changed, a completion report shall be filed with the Department, on a form prescribed by the Department. Such report shall include name, number, and exact location of the well; lease name, date of completion and date of first production, if any; name and depth of hydrocarbon reservoir(s), if a multiple completion, from which well is producing; annulus pressure test; initial production test, including oil, gas, and water, if any; a well report as defined in Section 010; and such other relevant information as the Department may require.(3-18-22)

IDAPA 20.07.02.341 Drilling Logs

01.Minimum Required Logs.

All wells shall have a lithologic log from the bottom of the hole to the top, to the extent practicable.(3-18-22)

02.Bottom Hole Survey. All wells shall have a bottom hole location survey.(3-18-22)

03.Cement Bond Log. All wells that are cased and cemented shall have a cement bond log run across the casing.(3-18-22)

04.Other Logs. If other logs are run, including, but not limited to, resistivity, gamma-neutron log, sonic log, etc., then the owner or operator shall retain a copy regardless of results.(3-18-22)

05.Log Submittal. The above logs shall be submitted to the Department in pdf and final processed digital formats within thirty (30) days of the log being run. If logs were run in color, then the submitted copies shall also be in color. Digital formats must be Tiff and LAS 2.0 or higher. Logs submitted to the Department must have a scale of one (1) inch or two (2) inch for correlation logs and five (5) inches for detail logs.(7-1-25)

IDAPA 20.07.02.342 (Reserved)

SUBCHAPTER E – PRODUCTION

IDAPA 20.07.02.400 Production Reports

1. Required Content.

An owner or operator must report production on a form created by the Department. Production reports submitted to the Department must include gas quantities sold in thousand cubic feet (mcf), condensate sold in barrel quantities (bbl), oil sold in barrel quantities (bbl), and formational waters produced in barrel quantities (bbl).(3-18-22)

2. Annual Production Report. By January 31 of each year, an owner or operator must submit to the Department an aggregated report of all hydrocarbons and formational waters produced and sold or disposed of for each well during the previous calendar year.(3-18-22)

IDAPA 20.07.02.401 Measurement of Oil

The volume of production of oil shall be computed in terms of barrels of clean oil on the basis of meter measurements or tank measurements of oil-level difference made and recorded to the nearest quarter-inch (1/4”) of one hundred percent (100%) capacity tables, subject to the following corrections:(3-18-22)

01.Correction for Impurities. The percentage of impurities (water, sand, and other foreign substances, not constituting a natural component part of the oil) shall be determined to the satisfaction of the Department, and the observed gross volume of oil will be corrected to exclude the entire volume of such impurities.

02.Temperature Correction. The observed volume of oil corrected for impurities will be further corrected to the standard volume at sixty (60) Degrees F in accordance with ASTM D-1250-08, Table 7, or any revisions thereof and any supplements thereto, or any close approximation thereof approved by the Department.

03.Gravity Determination. The gravity of oil at sixty (60) degrees F will be determined in accordance with ASTM D-1250-08, Table 5, or any revisions thereof and any supplements thereto approved by the Department.(7-1-25)

IDAPA 20.07.02.402 Measurement of Gas

For computing volume of gas to be reported to the Department, the standard of pressure shall be fourteen point seventy-three (14.73) psi atmospheric, and the standard of temperature shall be sixty (60) Degrees F. All volumes of gas to be reported to the Department will be adjusted by computation to these standards, unless otherwise authorized by the Department.(7-1-25)

IDAPA 20.07.02.403 Gas-Oil Ratio for Well Classifications

In the absence of an order by the Commission setting a field-specific o il-gas ratio, a well that produces gas of five thousand (5,000) cubic feet or greater to one (1) bbl of oil at standard temperature and pressure will be classified as a gas well.(3-18-22)

IDAPA 20.07.02.404 Gas-Oil Ratio Limitation

01.Waste Prevention; Conditions for Emergency Order. To further prevent waste resulting from the production of wells with inefficient gas-oil ratios, the Department may enter an emergency order temporarily prohibiting the production of oil or gas from all wells in a pool producing both oil and gas when the Department believes that waste may be occurring or is imminent in said pool by reason of the operation of wells with inefficient gas-oil ratios. The order shall specify a date for the hearing described in Subsection 404.02 of these rules. The Department may use information provided by an offset operator or an owner or operator in a common source of supply to determine if waste is occurring.(3-18-22)

02.Notice and Cause for Hearing. The Department will notify all offset operators and owners or operators in the common source of supply of the hearing date. A hearing regarding waste due to inefficient gas-oil ratios may be held for any of the following reasons:(7-1-25)

i.If the Department issues an order described in Subsection 404.01 of these rules. The hearing will be scheduled between five (5) and fifteen (15) days after the effective date of the order.(7-1-25)

ii.Upon application to the Department from any person with an ownership interest in the common source of supply who believes that waste is occurring due to inefficient oil and gas ratios. The application must include credible evidence of such waste. The hearing shall be held within thirty (30) days of the Department receiving the application.(3-18-22)

iii.Prior to an emergency situation and upon its own motion with reasonable cause, the Department may schedule a hearing regarding potential waste due to inefficient gas-oil ratios.(3-18-22)

03.Determination of Inefficient Ratios; Power to Limit Production. If the Department after conducting a hearing for any of the reasons specified in Section 404.02 of these rules finds that a well(s) in the pool are operating with inefficient gas-oil ratios, and that waste is occurring or is imminent as a result thereof, it shall enter an order limiting the production of oil and gas from said pool to that amount which the pool can produce without waste and in accordance with sound engineering practice. The order shall also limit the amount of oil or gas, or both, that may be produced from any well in the pool, so that each owner or operator is given an opportunity to produce his just and equitable share in the pool in accordance with sound engineering practice.(7-1-25)

IDAPA 20.07.02.405 Gas-Oil Ratio Surveys and Reports

Within thirty (30) days following the completion or recompletion of each well producing oil and gas, and thereafter as the Department may require, the owner or operator of such well shall make a gas-oil ratio test of such well and report the results to the Department within twenty (20) days. Certain wells may be excepted from this rule by the Department upon written request. Entire fields may be excepted from this rule after notice and hearing.(7-1-25)

IDAPA 20.07.02.406 (Reserved)

IDAPA 20.07.02.410 Meters

01.General Requirements. Meter fitti ngs of adequate size to measure the gas efficiently for the purpose of obtaining gas-oil ratios shall be installed on the gas vent line of every separator or proper connections made for orifice well tester. Wellhead equipment shall be installed and maintained in excellent condition. Valves shall be installed so that pressures can be readily obtained on both casing and tubing.(7-1-25)

02.Visibility. All required meters shall be accessible and viewable by the Department for the purpose of monitoring daily, monthly, and cumulative production volumes from individual wells.(7-1-25)

IDAPA 20.07.02.411 Separators

All flowing oil wells must be produced through an adequate oil and gas separator or emulsion treater, provided, how ever, the Administrator may approve producing wells without a separator or emulsion treater.(7-1-25)

IDAPA 20.07.02.412 Producing from Different Pools

THROUGH THE SAME CASING STRING.

No well may produce either oil or gas from different pools through the same string of casing without first receiving written permission from the Department.(7-1-25)

IDAPA 20.07.02.413 Gas Utilization

After a well is completed and while it is being tested, the o wner or operator may flare gas for no more than fourteen (14) days without paying royalties and severance taxes on the flared gas. Under no conditions may gas be flared for more than sixty (60) days after a well is completed or recompleted. Prior to flaring gas, owners or operators must notify the county in which the well is located and all owners of occupied structures within a one-quarter (1/4) mile radius of the well. After the owner or operator has tested a well, no gas from such well shall be permitted to escape into the air, and all gas produced therefrom shall be utilized without waste.(7-1-25)

IDAPA 20.07.02.414 (Reserved)

IDAPA 20.07.02.420 Tank Batteries

01.Requirements.

All tank batteries consisting of tanks containing produced fluids or crude oil storage tanks or containing tanks equipped to receive produced fluids must be surrounded by tank dikes that meet the following requirements:(7-1-25)

a.Tank dikes must have a capacity of at least one and one-half (1½) times the volume of the largest tank which the dike surrounds.(7-1-25)

b.The material used to construct a tank dike and the material used to line the bottom and sides of the containment reservoir must have a maximum coefficient of permeability of 10cm/sec so as to contain fluids and resist erosion. An operator must submit proof of compliance for tank dike liner construction to the Department in the form of a manufacturer’s statement of design or a nuclear density test performed by a third party trained to perform the test.(7-1-25)

c.All piping and man-made improvements that perforate the tank dike wall or tank battery floor must be sealed to a minimum radius of twelve (12) inches from the outside edge of the piping or improvement.(7-1-25)

d.Valves and quick-connect couplers on tank batteries must be at least eighteen (18) inches from the inside wall of the tank dike.(3-18-22)

e.Vegetation on the top and outside surface of tank dike must be properly maintained to prevent fire hazards.(7-1-25)

f.A ladder or other permanent device must be installed over the tank dike to access the containment reservoir.(3-18-22)

g.The containment reservoir must be kept free of vegetation, stormwater, produced fluids, other oil and gas field related debris, general trash, or any flammable material. Drain lines installed through the tank dike for the purpose of draining storm water from the containment reservoir must have a valve installed and remain closed and capped when not in use. Any fluids collected, spilled or discharged within the containment reservoirs must be removed as soon as practical, characterized, treated if necessary, and disposed in conformance with IDAPA 58.01.16, “Wastewater Rules,” and other applicable rules.(7-1-25)

IDAPA 20.07.02.421 (Reserved)

IDAPA 20.07.02.430 Gas Processing Facilities

01.Operations. O perators of gas processing facilities must notify the Department which wells, by API number, are served by a gas processing facility. All gas processing facilities not constructed on a well site must comply with Sections 301 and 302 of these rules.(7-1-25)

02.Meters and Facility Plans. Gas processing facilities must account for all liquids and gas entering and leaving the facility with accurate meters. A supervisory control and data acquisition systems or other data recording system must be used to monitor the liquids and gas in the facility. Operators of gas processing facilities must submit an as-built facility design plan to the Department upon completion of the facility. A facility design plan must contain:(7-1-25)

a.Site layout;(3-18-22)

b.Piping and instrumentation diagram;(3-18-22)

c.Process Flow schematics;(3-18-22)

d.Electronic controls and sensing schematic;(3-18-22)

e.Equipment operations and maintenance manuals for, pumps, meters, heat exchangers, and any other operationally critical equipment that requires periodic maintenance and calibration;(7-1-25)

f.Periodic maintenance schedule for critical equipment;(3-18-22)

g.Troubleshooting metric; and(3-18-22)

h.Other information or documentation necessary for the safe and continued operation of a gas processing facility.(3-18-22)

03.Flaring. Flaring at gas processing facilities must be in conformance with IDAPA 58.01.01, Rules for the Control of Air Pollution in Idaho, and any permit issued by IDEQ.(7-1-25)

04.Inspections. Gas processing facilities must have site-specific facility design plans and a log book of gas metered in and out of the facility available for review by Department staff. During inspections, gas processing facility staff must demonstrate knowledge of all operations and the location of all emergency shut off equipment, direction of flow lines, and heat exchangers.(7-1-25)

IDAPA 20.07.02.431 (Reserved)

SUBCHAPTER F – WELL ACTIVITY AND RECLAMATION

IDAPA 20.07.02.500 Active Wells

01.Gas Storage Wells. Gas s torage wells are to be considered active at all times unless physically plugged.(3-18-22)

02.Extension of Active Status. An owner or operator may request an extension of active well status for wells that are idled for more than twenty-four (24) continuous months. The owner or operator shall provide a written request to the Department stating the reason for the extension, the length of extension, the method used to close the well to the atmosphere, and the plans for future operation. The Department shall review the request for approval, modification, or denial, and may set the duration of the extension if approved. An extension may not exceed five (5) years and may be renewed upon request up to a maximum of ten (10) total years.(7-1-25)

03.Annual Reports for Active Wells. The owner or operator shall submit an annual report to the Department describing the current status of the well and the plans for future well operation by January 31 of each year.(7-1-25)

IDAPA 20.07.02.501 Inactive Wells

01.Determination of Inactive Status.

The Department will declare a well inactive after twenty-four (24) continuous months of inactivity if the owner or operator has not received approval for an extension of active status under Section 500.02 of these rules, or if an owner or operator fails to submit an annual report for an active well under Section 500.03 of these rules. The Department will immediately notify an owner or operator of this determination by certified mail, and the owner or operator may appeal this determination to the Commission.

02.Owner’s or Operator’s Responsibility for Inactive Wells. The owner or operator must plug and abandon an inactive well under Section 502 of these rules within six (6) months of being notified by the Department unless the owner or operator supplies the following information:(7-1-25)

a.A written request to extend inactive status;(3-18-22)

b.An individual bond, as provided for in Subsection 220.03 of these rules, if the well was covered by a blanket bond; and(3-18-22)

c.A description of how the well is closed to the atmosphere with a swedge and valve, packer, or other approved method, and how the well is to be maintained.(3-18-22)

03.Inactive Review and Decision. The Department will review the request for approval, modification, or denial, and set the duration of the extension if approved. Extensions may not exceed three (3) years and may be renewed upon request up to a maximum of six (6) total years.(7-1-25)

04.Testing of Inactive Wells. In addition to the requirements of Section 320 of these rules, inactive wells must have an MIT performed within two (2) years after the date of last use in order to retain inactive status.

05.Converting Inactive Wells to Active Wells. The owner or operator must apply to the Department to change the status of a well from inactive to active. The Department will review the request for approval, modification, or denial. An MIT may be required by the Department if the well has been worked over or if a test has not been conducted for five (5) years or longer. If approved, the well may again be covered by a blanket bond.

IDAPA 20.07.02.502 Well Plugging

01.Plugging Required.

The owner or operator may not allow any well drilled for oil, gas, saltwater disposal or any other purpose in connection with the production of oil and gas, to remain unplugged after such well is no longer used for the purpose for which it was drilled or converted.(7-1-25)

02.Notice of Intention to Abandon Well. Before beginning abandonment work on an oil or gas well, a Notice of Intention to Abandon must be filed with the Department and approval obtained as to the method of abandonment. The notice must show the reason for abandonment and must give a detailed statement of the proposed work, including such information as kind, location, and length of plugs (by depths), and plans for mudding, cementing, shooting, testing, and removing casing as well as any other pertinent information requested by the Department.(7-1-25)

03.Plugging Dry Holes. If a nonproductive well, or dry hole, is drilled and not needed for any specific purpose, it must be plugged and abandoned prior to removal of the drill rig. A verbal notification and approval may be used for dry holes in lieu of the written notification referenced in Subsection 502.02 of these rules. The standards in Subsections 502.04 through 502.06 of these rules will still apply.(3-18-22)

04.Plugging of Wells. The owner or operator of any well drilled for oil or gas, or any seismic, core, or other exploratory holes, whether cased or uncased, and regardless of diameter must plug said hole in a manner sufficient to properly protect all freshwater-bearing and possible or probable oil- or gas-bearing formations. The material used in plugging, whether cement, mechanical plug, or some other equivalent method approved in writing by the Administrator, must be placed in the well in a manner to permanently prevent migration of oil, gas, water, or other substances from the formation or horizon in which it originally occurred. The preferred plugging cement slurry is that recommended in API Bulletin E3. Pozzolan, gel, and other approved extenders may be used if the owner or operator can document to the Department's satisfaction that the slurry design will achieve a minimum compressive strength of three hundred (300) psi after twenty-four (24) hours, and eight hundred (800) psi after seventy-two (72) hours measured at ninety-five (95) degrees F and at eight hundred (800) psi. No substances of any nature or description other than those normally used in plugging operations may be placed in any well at any time during plugging operations.(7-1-25)

05.Plugged Intervals. The following plugging standards shall be followed for all wells:(3-18-22)

a.Cement must be placed for a length of at least one hundred (100) feet on either side of each casing shoe, or casing bottom if no shoe is present. If the bottom of the hole is less than one hundred (100) feet from the bottom of the lowest casing, then the entire length of the uncased hole below the casing must be cemented. (7-1-25)

b.In the uncased portions of a well, cement plugs must be placed to extend from one hundred (100) feet below the bottom up to one hundred (100) feet above the top of any oil, gas, and abnormally high pressure zones, so as to isolate fluids in the strata and prevent their escape into other strata.(7-1-25)

c.A cement plug shall be placed a minimum of one hundred (100) feet above all producing zones in uncased portions of a well.(3-18-22)

d.A cement plug shall be placed a minimum of fifty (50) feet above and below the following int ervals:(3-18-22)

i.Where the casing is perforated or ruptured. If no cement is present behind the casing, then cement must also be squeezed out the perforations or ruptures and into the annular space between the casing and the borehole.(3-18-22)

ii.Top and bottom of freshwater zones. If freshwater zone is less than one hundred (100) feet thick, then continuous cement must be placed from fifty (50) feet below the zone upward to fifty (50) feet above the zone.

e.The top of all cement plugs will be tagged to verify their depth.(3-18-22)

f.The owner or operator may choose to place cement in the hole by:(7-1-25)

i.Dump bailer;(3-18-22)

ii.Pumping a balanced cement plug through tubing or drill pipe;(3-18-22)

iii.Pump and plug; or(3-18-22)

iv.Equivalent method approved by the Administrator prior to plugging.(7-1-25)

g.Unless prior approval is given by the Department, all wellbores shall have waterbased drilling muds, high viscosity pills, or other approved fluids between all plugs.(7-1-25)

h.All abandoned wells shall have a plug or seal placed at the surface of the ground or the bottom of the cellar in the hole so as not to interfere with soil cultivation or other surface use. The top of the pipe must be sealed with either a cement plug and a screw cap, or cement plug and a steel plate welded in place or by other approved method, or in the alternative be marked with a permanent monument which shall consist of a piece of pipe not less than four (4) inches in diameter and not less than ten (10) feet in length, of which four (4) feet shall be above the general ground level, the remainder to be embedded in cement or to be welded to the surface casing.(7-1-25)

06.Report of Abandonment. If a well is plugged or abandoned, a record of work done must be filed with the Department within thirty (30) days after the work is completed. The report shall give a detailed account of the manner in which the abandonment of plugging work was carried out, including the weight of mud, the nature and quantities of materials used in plugging, the location and extent (by depths) of the plugs of different materials, and the records of any tests or measurements made and of the amount, size, and location (by depths) of casing left in the well.

If an attempt was made to part any casing, a complete report of the method used and the results obtained must be included.(7-1-25)

07.Wells Used for Fresh Water (Cold Water < 85 degrees Fahrenheit), Low Temperature Geothermal (85 - 212 Degrees Fahrenheit), or Geothermal Wells (>212 Degrees Fahrenheit).(7-1-25)

a.Oil and gas wells, seismic, core, or other exploratory holes no longer being used for their original purpose may not be converted into freshwater, low temperature geothermal, or geothermal wells unless:(7-1-25)

i.The owner, operator, or surface owner files an application with the IDWR describing the conversion and the proposed use for the water or geothermal resource and any modifications necessary to meet the applicable well construction standards;(7-1-25)

ii.The surface owner provides written documentation assuming responsibility for the converted well including, should it become necessary, decommissioning (plugging) of the converted well in accordance with applicable law;(3-18-22)

iii.IDWR issues a permit for a geothermal resource well, a water right, or recognizes a domestic exemption authorizing the withdrawal of water from the converted well; and(3-18-22)

iv.A licensed driller in Idaho inspects and certifies that the converted well meets all well construction standards for its intended purpose.(3-18-22)

b.The Department’s bond may not be released, and the oil and gas permit cancelled, until all requirements in Paragraph 502.07.a. of these rules are met.(3-18-22)

IDAPA 20.07.02.503 (Reserved)

IDAPA 20.07.02.510 Surface Reclamation

01.Timing of Reclamation.

After the plugging and abandonment of a well or closure of other oil and gas facilities, all reclamation work described in this Section shall be completed within twelve (12) months. The Administrator may grant an extension where unusual circumstances are encountered, but every reasonable effort shall be made to complete reclamation before the next local growing season.(7-1-25)

02.General Clean Up. All debris, abandoned gathering line risers and flowline risers, surface equipment, supplies, rubbish, and other waste materials shall be removed within three (3) months of plugging a well.

The burning or burial of such material on the premises shall be performed in accordance with applicable local, state, or federal solid waste disposal and air quality regulations. Material may be burned or buried on the premises only with the prior written consent of the surface owner.(7-1-25)

03.Road Removal. All access roads to plugged and abandoned wells and associated production facilities shall be ripped, regraded, and recontoured unless otherwise specified in a surface use agreement. Culverts and any other obstructions that were part of the access road(s) shall be removed. Roads not reclaimed will be graded to drain and prepared with rolling dips or other best management practices to minimize erosion.(7-1-25)

04.Regrading. Drill pads, pits, berms, cut and fill slopes, and other disturbed areas will be regraded to approximate the original contour. Where possible, slopes should be reduced to three (3) horizontal feet to one (1) vertical foot (3H:1V) or flatter.(3-18-22)

05.Compacted Areas. All areas compacted by drilling and subsequent oil and gas operations that are no longer needed following completion of such operations must be cross-ripped. Ripping will be undertaken to a depth of eighteen (18) inches or bedrock, whichever is reached first.(7-1-25)

06.Topsoiling. Stockpiled topsoil shall be replaced in a manner that supports reestablishment of the pre-disturbance land use and contoured to control erosion and provide long-term stability. If necessary, topsoiled areas will be tilled adequately in order to establish a proper seedbed.(7-1-25)

07.Revegetation.(3-18-22)

a.The owner or operator will select and establish plant species that can be expected to result in vegetation comparable to that growing on the affected lands prior to the oil and gas operations. Certified weed free seed should be used in revegetation. The owner or operator may use available technical data and results of field tests for selecting seeding practices and soil amendments that will result in viable revegetation.(7-1-25)

b.The disturbed areas shall be reseeded in the first favorable season following rig demobilization, site regrading, and topsoil replacement.(3-18-22)

c.Unless otherwise specified in the approved permit, the success of revegetation efforts will be measured against the existing vegetation onsite prior to the oil and gas operations, or against an adjacent reference area supporting similar types of vegetation. Reseeding or replanting is required until the following cover standards are met:(7-1-25)

i.The ground cover of living plants on the revegetated area should be comparable to the ground cover of living plants on an adjacent reference area for two (2) full growing seasons after cessation of soil amendment or irrigation, if used;(3-18-22)

ii.Ground cover will be considered comparable if the planted area has at least seventy percent (70%) of the pre-disturbance, or adjacent reference area, ground cover;(7-1-25)

iii.For locations with an average annual precipitation of more than twenty-six (26) inches, the Departm ent, in approving a drilling permit or a pit, may set a minimum standard for success of revegetation as follows: Vegetative cover of seventy percent (70%) for two (2) full growing seasons in areas planted to herbaceous species only; or fifty percent (50%) vegetative cover for two (2) full growing seasons and six hundred (600) woody plants per acre in areas planted to a mixture of herbaceous and woody species;(3-18-22)

iv.As used in this section, “herbaceous species” means grasses, legumes, and other forbs; “woody plants” means woody shrubs, trees, and vines; and “ground cover” means the area of the ground surface covered by the combined aerial parts of vegetation and the litter that is produced naturally on-site, expressed as a percentage of the total area measured. Rock surface areas will be excluded from this calculation; and(3-18-22)

v.In all cases, vegetative cover shall be established to the extent necessary to control erosion.

d.Introduced species may be planted if they are known to be comparable to previous vegetation, or if known to be of equal or superior use for the approved post-reclamation land use, or, if necessary, to achieve a quick, temporary cover for soil stabilization purposes. Species classified as poisonous or noxious weed species may not be used in revegetation.(7-1-25)

e.By mutual agreement of the Department, the surface owner, and the owner or operator, a site may be converted to a different, more desirable or more economically suitable habitat.(3-18-22)

f.Planting of grasses and forbs should be done in a manner which promotes rapid stabilization of the soil surface. Wherever terrain permits, grasses and forbs should be drilled or compacted into the ground using agricultural grass planting equipment or other seeders specifically designed for revegetation applications. Broadcast and hydroseeding may be used on areas where other methods are impractical or unavailable.(3-18-22)

g.The owner or operator should plant shrubs or shrub seed, as required, where shrub communities existed prior to oil and gas operations. Shrub seed may be planted as a portion of a grass seed mix or planted as bareroot transplants after grass seeding. Where the surface owner desires a specific land use such as grazing or cropland, shrubs will not be required in the revegetation species mix. Shrub lands undergoing revegetation with shrubs shall be protected from erosion by vegetation, chemical binders, or other acceptable means during establishment of the shrubs.(3-18-22)

h.Tree stocking of forestlands should meet the following criteria:(3-18-22)

i.Trees that are adapted to the site should be planted in a density which can be expected over time to yield a timber stand comparable to pre-disturbance timber stands;(3-18-22)

ii.Trees must be established for two (2) full growing seasons after cessation of any soil amendments and irrigation before they are considered established; and(7-1-25)

iii.Forestlands undergoing revegetation with trees should be protected from erosion by vegetation, chemical binders, or other acceptable means during seedling establishment.(3-18-22)

i.Revegetation is not required on areas that the surface owner wishes to incorporate into an irrigated field and any roads which will be used for other oil and gas operations.(3-18-22)

j.Mulch should be used on severe sites and may be required by the permit where slopes are steeper than three (3) horizontal feet to one (1) vertical foot (3H:1V) or the mean annual rainfall is less than twelve (12) inches. Straw, or hay mulch should be obtained from certified weed free sources. “Mulch” means vegetation residues or other suitable materials to aid in the stabilization of soil and soil moisture conservation which will provide a microclimate more suitable for germination and growth on severe sites. Annual grains such as rye, oats, and wheat may be used as a substitute for mulch where they will provide adequate protection and will be replaced by permanent species within a reasonable length of time.(7-1-25)

08.Reclamation Under a Surface Use Agreement. Notwithstanding the requirements of Subsections 510.03 through 510.07 of this rule, reclamation may be superseded by the conditions of a surface use agreement as long as the site is left in a stable, non-eroding condition that will not impact Fresh waters.(7-1-25)

IDAPA 20.07.02.511 (Reserved)

20.03.01 Rules Governing Dredge and Placer Mining Operations in Idaho

IDAPA 20.03.01.000 Legal Authority

This Chapter is adopted under the legal authorities of Title 47, Chapter 13, Idaho Code, Section 47-1316; Title 58, Chapt er 1, Idaho Code, Sections 58-104(6) and 58-105; and Title 67, Chapter 52, Idaho Code. The Board has delegated to the Director the duties and powers under the act and these rules; provided that the Board retains responsibility for approval of permits.(7-1-24)

IDAPA 20.03.01.001 Scope

01.Scope.

These rules establish the notification requirements for dredge and placer exploration, and the application and operation requirements of dredge and placer mines. In addition, these rules establish the reclamation and financial assurance requirements for all these activities.(7-1-24)

02.Applicability. These rules are to be read and applied in conjunction with the Act.(7-1-24)

a.These rules apply to all lands within the state, including private and federal lands, which are disturbed by dredge or placer mining conducted after November 24, 1954.(7-1-24)

b.These rules apply to the following activities:(7-1-24)

i.All dredge and placer exploration activities using motorized earth-moving equipment.(7-1-24)

ii.The extraction of minerals from a placer deposit, including the removal of vegetation, topsoil, overburden, and minerals; construction and operation of on-site processing equipment; disposal of overburden and waste materials; design and operation of siltation and other water quality control facilities; and other activities contiguous to the mining site that disturb land and affect water quality and/or water quantity.(7-1-24)

c.These rules do not apply to the following:(7-1-24)

i.Mining operations regulated by the Mined Land Reclamation Act;(7-1-24)

ii.Surface disturbance caused by the underground mining of a placer deposit, unless the deposit outcrops on or near the surface and the operation will result in the probable subsidence of the land surface. (7-1-24)

iii.Dredging operations conducted for the sole purpose of establishing and maintaining a channel for navigation.(7-1-24) ivDredging operations in streams or rivers using suction dredges with an intake diameter of eight (8) inches or less.(7-1-24)

03.Other Laws. Dredge and placer exploration and mining operations must comply with all applicable rules and laws of the state of Idaho including, but not limited to, the following:(7-1-24)

a.Idaho water quality standards established in Title 39, Chapters 1 and 36, Idaho Code and IDAPA 58.01.02, “Water Quality Standards”.(7-1-24)

b.Wastewater treatment or disposal plan and specification review established in IDAPA 58.01.16, and IPDES requirements in IDAPA 58.01.25 administered by DEQ.(7-1-24)

c.Idaho Dam Safety Act, Section 42-1710 through 42-1721, Idaho Code, and applicable rules as promulgated and administered by the Idaho Department of Water Resources.(7-1-24)

d.Idaho Stream Channel Protection Act, Title 42, Chapter 38, Idaho Code, and applicable rules as promulgated and administered by the Idaho Department of Water Resources.(7-1-24)

IDAPA 20.03.01.002 (Reserved)

IDAPA 20.03.01.010 Definitions

In addition to the definitions set forth in the Act, the following definitions apply to these rules:(7-1-24)

01.Act. The Idaho Dredge and Placer Mining Protection Act, Title 47, Chapter 13, Idaho Code.

02.Approximate Previous Contour. A contour reasonably comparable to that contour existing prior to disturbance, or that blends with the adjacent topography.(7-1-24)

03.Best Management Practices. A practice or combination of practices, techniques or measures developed, or identified, by the designated agency and identified in the state water quality management plan which are determined to be the cost-effective and practicable means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals.(7-1-24)

04.Department. The Idaho Department of Lands.(7-1-24)

05.Mine Panel. That area designated by the Permittee as an identifiable portion of a placer or dredge mine on the map submitted under Subsection 021.04 of these rules.(7-1-24)

06.Mulch. Vegetation residues or other suitable materials to aid in the stabilization of soil and soil moisture conservation.(7-1-24)

07.Overburden. Material extracted by a Permittee which is not a part of the material ultimately removed from a placer or dredge mine and marketed by a Permittee, exclusive of mineral stockpiles. Overburden is comprised of topsoil and waste.(7-1-24)

08.Overburden Disposal Area. Land surface upon which overburden is piled or planned to be piled.

09.Permanent Cessation. Mining operations as to the whole or any part of the permit area have stopped and there is substantial evidence that such operations will not resume within one (1) year. The date of permanent cessation is the last day when mining operations are known or can be shown to have occurred.(7-1-24)

10.Permit. Dredge or placer mining permit issued under the Act and these rules.(7-1-24)

11.Permittee. The person in whose name the permit is issued and who is held responsible for compliance with the conditions of the permit by the Department.(7-1-24)

12.Pit. An excavation created by the extraction of minerals or overburden during placer mining or exploration operations.(7-1-24)

13.Placer Stockpile. Placer deposit material extracted during past or present dredge or placer mining operations.(7-1-24)

14.Reclamation. The process of restoring an area disturbed by a placer or dredge mining operation or exploration operation to its original or another beneficial use, considering land uses, possible future uses, and surrounding topography. The objective is to re-establish a diverse, self-perpetuating plant community, and to minimize erosion, remove hazards, and maintain water quality.(7-1-24)

15.Revegetation. The establishment of the premining vegetation or a comparable vegetative cover on the land disturbed by placer or dredge mining operations.(7-1-24)

16.Settling Pond. A man-made enclosure or natural impoundment structure constructed and used for the purpose of treating mine process water and/or runoff water from adjacent disturbed areas by the removal or settling of sediment particles. Several types of settling ponds or a series of smaller ponds may be used in water management. The most common type is a recycle or recirculation pond which is used to pump clarified water back to the wash pl ant operation.(7-1-24)

17.Surface Waters. The surface waters of the state of Idaho.(7-1-24)

18.Topsoil. The unconsolidated mineral and organic matter naturally present on the surface of the earth that is necessary for the growth and regeneration of vegetation.(7-1-24)

IDAPA 20.03.01.011 Abbreviations

01.BMP. Best Management Practices.(7-1-24)

02.DEQ. Idaho Department of Environmental Quality.(7-1-24)

IDAPA 20.03.01.012 (Reserved)

IDAPA 20.03.01.020 Placer or Dredge Exploration Operations

01.Notice.

Any person desiring to conduct placer or dredge exploration operations using motorized earth-moving equipment must, prior to or within seven (7) days of commencing exploration, notify the Director. The notice includes the following:(7-1-24)

a.The name and address of the operator;(7-1-24)

b.The legal description of the exploration operation and a map of sufficient scale to show the location of the exploration and nearby roads and streams.(7-1-24)

c.The exploration starting and estimated completion dates; and(7-1-24)

d.The anticipated size of the exploration operation and the general method of operation.(7-1-24)

02.One-Half Acre Limit. Any placer or dredge exploration operation that causes a cumulative surface disturbance in excess of one-half (1/2) acre of land, including roads, is considered a placer or dredge mining operation and subject to the requirements outlined in Sections 021 through 065. Lands disturbed by any placer or dredge exploration operation that causes a cumulative surface disturbance of less than one-half (1/2) acre of land, including roads, must be restored to conditions reasonably comparable to conditions existing prior to the placer or dredge exploration operation and as outlined in Subsection 020.03.(7-1-24)

03.Reclamation Required. The following reclamation activities, required to be conducted on exploration sites, must be performed in a workmanlike manner with all reasonable diligence, and as to a given exploration drill hole, road, pit, or trench, within one (1) year after abandonment thereof:(7-1-24)

a.Drill holes must be plugged within one (1) year of abandonment with a permanent concrete or bentonite plug:(7-1-24)

b.Restore all disturbed lands, including roads, to conditions reasonably comparable to conditions existing prior to the placer or dredge exploration operations:(7-1-24)

c.Conduct revegetation activities in accordance with Subsection 040.15. Unless otherwise required by a federal agency, one (1) pit or trench on a federal mining claim showing discovery, may be left open pending verification by federal mining examiners. Such abandoned pits and trenches must be reclaimed within one (1) year of verification;(7-1-24)

d.If water runoff from exploration operations causes siltation or other pollution of surface waters, the operator will prepare disturbed lands and adjoining lands under his or her control, as is necessary to meet state water quality standards:(7-1-24)

e.Abandoned lands disturbed by an exploration operation must be top-dressed to the extent that such overburden is reasonably available from any pit or other excavation created by the exploration operation, with that type of overburden that is conducive to the control of erosion or the growth of vegetation that the operator elects to plant thereon; and(7-1-24)

f.Any water containment structure created in connection with exploration operations will be constructed , maintained, and reclaimed so as not to constitute a hazard to human health or the environment. (7-1-24)

IDAPA 20.03.01.021 Application Procedure for Permit

01.Approved Permit Required. No Permittee may conduct placer or dredge mining operations, as defined in these rules, on any lands in the state of Idaho until the permit has been approved by the Board, the Department has received a bond meeting the requirements of these rules, and the permit has been signed by the Director and the Permittee.(7-1-24)

02.Application Package. The Permittee must submit a complete application package, for each separate placer mine or mine panel, before the permit will be reviewed. Separate placer mines are individual, physically disconnected operations. The complete application package consists of:(7-1-24)

a.An application provided by the Director;(7-1-24)

b.A map or maps of the proposed mining operation which includes the information required under Subsection 021.04;(7-1-24)

c.A plan, of operations in map and narrative form, which includes the information required under Subsection 021.06. The map and plan of operations may be combined on one (1) sheet if practical;(7-1-24)

d.Document(s) identifying and assessing foreseeable, site-specific sources of water quality impacts upon adjacent surface waters, and the BMPs or other measures the applicant will take to comply with water quality requirements;(7-1-24)

e.When the Director determines, after consultation with DEQ, that there is an unreasonably high potential for pollution of adjacent surface waters, the Director will request, and the applicant will provide to the Director, baseline pre-project surface water monitoring information and furnish ongoing monitoring data during the life of the project. This provision does not require any additional baseline preproject surface water monitoring information or ongoing monitoring data where such information or data is already required to be provided pursuant to any federal or state law and is available to the Director;(7-1-24)

f.An out-of-state Permittee must designate an in-state agent authorized to act on behalf of the Permittee. In case of an emergency requiring action to be taken to prevent environmental damage, the authorized agent will be notified as well as the Permittee;(7-1-24)

g.An application fee of fifty dollars ($50) for each ten (10) acres or fraction of land included in an application for a new permit, or of land to be affected or added in an amended application to an existing permit, must be included with the application. No application fee will exceed one thousand dollars ($1,000); and(7-1-24)

h.If the applicant is not the owner of the lands described in the application, or any part thereof, the landowner must sign the application prior to issuance of a permit. The federal government, as a property owner, will be notified of the application, and asked to sign the application as property owner. For mining operations proposed upon land under a mining lease, either the signature of the lessor must be affixed to the application, or a copy of the complete lease attached to the application.(7-1-24)

03.Incomplete Applications.

An application for a permit may be returned for correction if the information provided on the application form or associated mine map(s) or plan of operations is incomplete or otherwise unsatisfactory. The Director will not proceed on the application until all necessary information is submitted.(7-1-24)

04.Requirements of Maps. Vicinity maps must be prepared on standard United States Geological Survey, seven and one-half (7.5) minute quadrangle maps, or equivalent. In addition, maps of the proposed placer mining operation site will be of sufficient scale to show:(7-1-24)

a.The location of existing roads, access, and main haul roads constructed or reconstructed in connection with the mining operation and the approximate dates for construction, reconstruction, and abandonment;

b.The approximate location and names of all known drainages, streams, creeks, or water bodies within one thousand (1,000) feet of the mining operation;(7-1-24)

c.The approximate boundaries of the proposed disturbed lands for the mining operation, including legal description to the quarter-quarter section;(7-1-24)

d.The approximate boundaries and acreage of the lands that will become disturbed land during the first year of operations;(7-1-24)

e.The planned location and configuration of pits, mineral stockpiles, topsoil stockpiles, and waste dumps within the permit area;(7-1-24)

f.Scaled cross-sections by length and height showing the surface contour prior to mining and the expected surface contour after reclamation is completed;(7-1-24)

g.The location of required settling ponds and the discharge points, if any; and(7-1-24)

h.Surface and mineral control or ownership map of appropriate scale for boundary identification.

05.Settling Ponds. Detailed plans and specifications for settling ponds must be drawn at an appropriate scale to show the following:(7-1-24)

a.Layout of each settling pond including:(7-1-24)

i.Dimensions and orientation of the settling ponds and/or other wastewater treatment components of the operation;(7-1-24)

ii.Distance from surface waters;(7-1-24)

iii.Pond inlet/outlet locations including emergency spillways and detailed description of control structures and piping;(7-1-24)

iv.Location of erosion control structures;(7-1-24)

v.Location of any current ten (10) year floodplain in relation to the mining facilities if the floodplain is within one hundred (100) feet of the facilities; and(7-1-24)

vi.The BMPs to be implemented that will keep surface waters from entering any pits and potentially changing course.(7-1-24)

b.A cross-section of each pond including:(7-1-24)

i.Dimensions and orientation;(7-1-24)

ii.Proposed sidewall elevations;(7-1-24)

iii.Proposed sidewall slope;(7-1-24)

iv.Sidewall width;(7-1-24)

v.Distance from and elevation above all surface water; and(7-1-24)

vi.Slope of settling pond location.(7-1-24)

c.Narrative of the construction method(s) describing:(7-1-24)

i.Bottom material;(7-1-24)

ii.Sidewall material;(7-1-24)

iii.Pond volume;(7-1-24)

iv.Volume of water to be used in the wash plant;(7-1-24)

v.Discharge or land application requirements;(7-1-24)

vi.Any pond liners or filter materials to be installed; and(7-1-24) viii.Compaction techniques.(7-1-24)

06.Requirements for Plan of Operations. A plan of operations must be submitted in map and narrative form and include the following:(7-1-24)

a.Show how watercourses disturbed by the mining operation will be replaced on meander lines with a pool structure conducive to good fish and wildlife habitat and recreational use. Show how and where riprap or other methods of bank stabilization will be used to ensure that, following abandonment, the stream erosion will not exceed the rate normally experienced in the area. If necessary, show how the replaced watercourse will not contribute to degradation of water supplies;(7-1-24)

b.Describe and show the contour of the proposed mine site after final backfilling and grading, with grades listed for slopes after mining;(7-1-24)

c.On a drainage control map, show the best management practices to be utilized to minimize erosion on disturbed lands;(7-1-24)

d.Show roads to be reclaimed upon completion of mining;(7-1-24)

e.Show plans for both concurrent and final revegetation of disturbed lands. Indicate soil types, where soils are not present, slopes, precipitation, seed rates, species, topsoil, or other growth medium storage and handling, time of planting, method of planting and, if necessary, fertilizer and mulching rates;(7-1-24)

f.The planned reclamation of tailings or sediment ponds;(7-1-24)

g.An estimate of total reclamation cost to be used in establishing bond amount. The cost estimate should include the approximate cost of grading, revegetation, equipment mobilization, labor, and administrative overhead; and(7-1-24)

h.Make a premining estimate of trees on the site by species and forest lands utilization consideration in reclamation.(7-1-24)

07.State Approval Required. Approval of a permit must be obtained under these rules, even if approval of such plan has been or is obtained from an appropriate federal agency.(7-1-24)

08.Application Review and Inspection. If the Department determines that an inspection is necessary, the applicant may be contacted and asked that he or his duly authorized employee or representative be present for inspection at a reasonable time. An inspection may be required prior to issuance of the permit. The applicant must make such persons available for the purpose of inspection. Failure to provide a representative does not mean that the state will not conduct such inspection.(7-1-24)

IDAPA 20.03.01.022 Procedures for Review and Decision Upon an Application

01.Public Hearings.

For the purpose of determining whether a proposed application complies with these rules, the Director may call for a public hearing, as described in Section 030.(7-1-24)

02.Adverse Weather. If weather conditions prevent the Department from inspecting the proposed mining site to acquire the information required to evaluate the application, the application may be placed in suspense, pending improved weather conditions. The applicant will be notified in writing of this action.(7-1-24)

03.Interagency Comment. Nonconfidential materials submitted under Section 021 will be forwarded by the Department to the Departments of Water Resources, Environmental Quality, and Fish and Game for review and comment. If operations are to be located on federal lands, the Department will notify the U. S. Bureau of Land Management or the U.S. Forest Service. The Director may provide public notice on receipt of a reclamation plan. In addition, a copy of an application will be provided to individuals who request the information in writing, subject to Title 74, Chapter 1, Idaho Code.(7-1-24)

04.Stream Channel Alteration Permits. No permit will be issued proposing to alter, occupy or to dredge any stream or watercourse without notification to the Department of Water Resources of the pending application. The Department of Water Resources will respond to said notification within twenty (20) days. If a stream channel alteration permit is required, it must be issued prior to issuance of the placer and dredge permit.(7-1-24)

05.Water Clarification. No permit will be issued until the Department is satisfied that the methods of water clarification proposed by the applicant are of sound engineering design and capable of meeting the water quality standards established under Title 39, Chapters 1 and 36, Idaho Code, and IDAPA 58.01.02, “Water Quality Standards.”(7-1-24)

06.Permit Conditions. If an application fails to meet the requirements of these rules, the Department may include permit conditions that bring the application into compliance with these rules.(7-1-24)

07.Decision on Application. Following the Department’s review of an application for a new or amended permit and an opportunity for the applicant to correct any deficiencies, the Board will approve or disapprove the application and the Director will notify the applicant of the Board’s decision by mail.(7-1-24)

08.Permit Offering. Upon approval by the Board, the applicant will be sent the permit for their signature and submittal of the reclamation bond and first year’s inspection fees. If the signed permit, fee, and bond are not received by the Department within twelve (12) months of Board action, the approval will be automatically rescinded. Upon receipt of the signed permit, fee, and bond, the Department will complete the permit with the required state signatures and send the fully executed permit to the permittee.(7-1-24)

09.Permit Denial Authority. The Board has the power to deny any application for a permit on state lands, streams, or riverbeds, or on any unpatented mining claims, pursuant to Section 47-1317(j), Idaho Code.

10.Amended Applications. If the Board disapproves the application, the applicant will be informed of the rules that have not been complied with, the manner in which they have not been complied with, and the requirements necessary to correct the deficiencies. The applicant may then submit an amended application and application fee, which will be processed as descri bed in Section 022 of these rules.(7-1-24)

11.Reclamation Obligations. The permit issued by the Board governs and determines the nature and extent of the reclamation obligations of the Permittee.(7-1-24)

IDAPA 20.03.01.023 (Reserved)

IDAPA 20.03.01.025 Amending an Approved Permit

01.Application to Amendment. If circumstances arise that require significant change in the plan of operations, method of operation, increase in acreage, water management or other details associated with an approved permit, the Permittee will submit an application covering the proposed changes as described in Section 021 of these rules.(7-1-24)

02.Processing. An application to amend a permit will be processed in accord with Section 022.

IDAPA 20.03.01.026 Deviation from an Approved Permit

01.Unforeseen Events. If unforeseen events or unexpected co nditions require immediate deviation from an approved permit, the Permittee may continue mining as dictated by the changed conditions, pending submission and approval of an amended permit. This does not excuse the Permittee from complying with the BMPs and reclamation requirements of Sections 020 and 040. If water quality is being impaired or the stability of settling ponds or other mine features is compromised due to the unforeseen events, then mining must stop until the mine features are stabilized.(7-1-24)

02.Notification. Notification of such unforeseen events must be given to the Department within fortyeight (48) hours after discovery, and an application to amend the permit must be submitted within thirty (30) days of deviation from the approved permit by the Permittee.(7-1-24)

IDAPA 20.03.01.027 Transfer of Permits

Permits may be transferred from an exi sting Permittee to a new Permittee only after the Department’s approval.

Transfer is made by the new Permittee filing a notarized Department form and providing replacement bonding. The new Permittee is then responsible for the past Permittee’s obligations under the Act, these rules, and the permit.

IDAPA 20.03.01.028 (Reserved)

IDAPA 20.03.01.030 Public Hearing for Permit Application

01.Public Hearings. During any stage of the application process the Department may conduct a public hearing.(7-1-24)

02.Basis for Hearing. This action will be based upon the preliminary review of the application and upon any concern registered with the Department by the public, affected land owners, reviewing agencies, other interested entities, or upon request by the applicant.(7-1-24)

03.Site of Hearing. The hearing will be held, in the locality of the proposed operation, or in Ada County, at a reasonable time and place.(7-1-24)

04.Hearing Notice. The Department will give notice of the date, time, and place of the hearing to the applicant; federal, state, and local agencies, and Indian tribes which may have an interest in the application; any persons petitioning for the hearing; and all persons identified as an owner of the specific acreage to be affected by the proposed operation. Such hearing notice will be sent by certified mail and postmarked not less than thirty (30) days before the scheduled date of the public hearing.(7-1-24)

05.Public Notice. The Director will notify the general public of the date, time, and place of the hearing by placing a newspaper advertisement once a week, for two (2) consecutive weeks in a newspaper in the county in which the mining is proposed. The advertisements will be between seven (7) and twenty (20) days prior to the scheduled date of the hearing. A copy of the application is to be placed for review in a conspicuous place in the local area of the proposed mining operations, in the Department’s nearest area office, and the Department’s administrative office in Boise.(7-1-24)

06.Hearing Officer. The hearing will be conducted by the Director or his duly authorized representative. Both oral and written testimony will be accepted.(7-1-24)

IDAPA 20.03.01.031 (Reserved)

IDAPA 20.03.01.035 Performance Bond Requirements

01.Amount of Bond.

The initial bond is in the amount determined by the Board to be the estimated reasonable costs of reclamation of lands proposed to be disturbed in the permit area, plus ten percent (10%), and subject to the limitations in Idaho Code 47-1317(b).(7-1-24)

02.Form of Performance Bond.(7-1-24)

a.Corporate surety bond. This is an indemnity agreement executed for the Permittee by a corporate surety licensed to do business in the state of Idaho and submitted on a Department form. Surety bonds are subject to the following conditions:(7-1-24)

i.The bond is to be conditioned upon the Permittee faithfully performing all requirements of the Act, these rules, and the permit, and must be payable to the state of Idaho;(7-1-24)

ii.The surety company issuing the bond must, at a minimum, be among those listed as acceptable sureties in Circular 570 of the U.S. Department of the Treasury; and(7-1-24)

iii.When a replacement bond is submitted, the following rider must be filed with the Department as part of the replacement before the existing bond will be released: “(Surety company or principal) understands and expressly agrees that the liability under this bond will extend to all acts for which reclamation is required on areas disturbed in connection with placer or dredge mining permit [number], both prior to and subsequent to the date of this rider.”(7-1-24)

iv.Any surety company canceling a bond must give the Department at least ninety (90) days’ notice prior to cancellation. The Director will not release a surety from liability under an existing bond until the Permittee has submitted an acceptable replacement bond to the Director or reclaimed the site. A replacement bond must be received within thirty (30) days following written notice by the Director or prior to the effective date of cancellation, whichever is later.(7-1-24)

v.If a surety’s Idaho business license is suspended or revoked the Permittee must, within thirty (30) days after notice by the Department, submit a replacement bond for such surety to the Department.(7-1-24)

vi.If the Permittee fails to submit a replacement bond or complete reclamation as directed in subparagraphs iv and v above, the Director may issue a cease-and-desist order and seek injunctive relief to stop the Permittee from conducting placer and dredge mining operations on the lands covered by the bond until a replacement bond has been submitted. The Permittee must cease mining operations on lands covered by the bond until a bond acceptable to the Department is filed.(7-1-24)

b.Collateral bond. This is an indemnity agreement executed by or for the Permittee, and payable to the state of Idaho, pledging cash deposits, governmental securities, or certificates of deposit of any financial institution doing business in the United States. Collateral bonds are subject to the following conditions:(7-1-24)

i.The Director will obtain possession of cash or other collateral bonds and then deposit them with the state treasurer to hold in trust for the purpose of bonding reclamation performance;(7-1-24)

ii.The Director will value collateral at its current market value minus any penalty for early withdrawal, not its face value;(7-1-24)

iii.Certificates of deposit or time deposit receipts are issued or assigned, in writing, to the state of Idaho and upon the books of the financial institution issuing such certificates. Interest will be allowed to accrue and may be paid by the bank, upon demand and after written release by the Department, to the Permittee or other person who posted the collateral bond;(7-1-24)

iv.Amount of an individual certificate of deposit or time deposit receipt may not exceed the maximum amount insured by the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation or their successors;(7-1-24)

v.Financial institutions issuing certificates of deposit or time deposit receipts will waive all rights of set-off or liens which it has or might have against such certificates, and will place holds on those funds that prevent the Permittee from withdrawing funds until the Department sends a written release to the financial institution;

vi.Certificates of deposit and time deposit receipts must be automatically renewable.(7-1-24)

c.Letters of credit. A letter of credit is an instrument executed by a bank doing business in Idaho and made at the request of a customer. A letter of credit states that the issuing bank will honor drafts for payment upon compliance with the terms of the credit. Letters of credit are subject to the following conditions:(7-1-24)

i.All credits are irrevocable and prepared in a format prescribed by the Director;(7-1-24)

ii.All credits must be issued by an institution authorized to do business in the state of Idaho or through a correspondent bank authorized to do business in the state of Idaho; and(7-1-24)

iii.The account party on all credits must be identical to the entity identified on the permit as the Permittee.(7-1-24)

03.Blanket Bond. Where a Permittee is involved in numerous placer or dredge operations, the Director may accept a blanket bond in lieu of separate bonds under approved permits. The amount of such bond must comply with other applicable provisions of Section 035 and must be equal to the total of the amounts of the separate bonds being combined into a single bond.(7-1-24)

04.Bond Reduction.(7-1-24)

a.Upon finding that any land bonded under a permit will not be affected by mining, the Permittee will notify the Department. When the Department has verified that the bonding requirement for the remaining permit area is adequate, any excess reclamation bond will be released. Any request for bond reduction will be answered by the Director within thirty (30) days of receiving such request unless weather conditions prevent inspection.(7-1-24)

b.A Permittee may petition the Department for a change in the initial bond rate. The Department will review the petition and if satisfied with the information presented a revised bond amount will be determined. The revised bond amount will be based upon the estimated cost that the Department would incur should a forfeiture of bond occur and it becomes necessary for the Department to complete reclamation to the standards established in the permit. This amount is subject to the limitations in Section 47-1317(b), Idaho Code.(7-1-24)

05.Bond Release. Upon completion of the reclamation, specified in the permit, the Permittee must notify the Department in writing of their desire to secure release from bonding. When the Department has verified that the requirements of the permit have been met the bond will be released.(7-1-24)

a.Any request for bond release will be answered by the Department within thirty (30) days of receiving such request unless weather conditions prevent inspection.(7-1-24)

b.If the Department finds that a specific portion of the reclamation has been satisfactorily completed, the bond may be reduced to the amount required to complete the remaining reclamation. The following schedule will be used to complete these bond reductions unless the Department determines in a specific case that this schedule is not appropriate and specifies a different schedule:(7-1-24)

i.Sixty percent (60%) of the bond may be released when the Permittee completes the required backfilling, regrading, topsoil replacement, and drainage control of the bonded area in accordance with the approved permit ; and(7-1-24)

ii. An additional twenty-five percent (25%) of the bond may be released after the Permittee performs revegetation activities on the regraded lands according to the approved permit and Section 040 of these rules.

c.The remaining bond will not be released:(7-1-24)

i.As long as the disturbed lands are contributing sediment or other pollution to surface waters outside the disturbed land in excess of state water quality standards established under Title 39, Chapters 1 and 36, Idaho Code;(7-1-24)

ii.Until final removal of equipment and structures related to the mining activity, or until any remaining equipment and structures are brought under an approved permit and bond by a new Permittee;(7-1-24)

iii.Until all temporary sediment or erosion control structures have been removed and reclaimed or until such structures are brought under an approved permit and bond by a new Permittee; and(7-1-24)

iv.Until vegetation meets the standards in Subsection 040.15 of these rules.(7-1-24)

06.Forfeiture. In accord with Subsection 051.02, a bond may be forfeited if the Director determines that the Permittee has not conducted the placer and dredge mining and reclamation in accord with the Act, these rules, and the permit.(7-1-24)

07.Correction of Deficiencies. The Director may, through cooperative agreement with the Permittee, devise a schedule to correct deficiencies in complying with the permit and thereby postpone action to recover the bond.(7-1-24)

08.Federal Bonds Recognized. The Director may accept as a bond, evidence of a valid reclamation bond with the United States government. The bond must equal or exceed the amount determined in Subsection 035.01.a. This does not release a Permittee from bonding under these rules if the Permittee fails to continuously maintain a valid federal bond.(7-1-24)

09.Insufficient Bond. In the event the amount of the bond is insufficient to reclaim the land in compliance with the Act, these rules, the permit, and the plan of operations, the attorney general is empowered to commence legal action against the Permittee in the name of the Board to recover the amount, in excess of the recoverable bond, necessary to reclaim the land in compliance with the Act, these rules, the permit, and the plan of operations.(7-1-24)

IDAPA 20.03.01.036 (Reserved)

IDAPA 20.03.01.040 Best Management Practices and Reclamation for Placer and Dredge

MINING OPERATION.

01.Pollution Control.

a.Appropriate best management practices for nonpoint source sediment or other pollution controls must be designed, constructed, and maintained with respect to site-specific placer or dredge mining operations.

b.State water quality standards, including protection of existing beneficial uses, are the standard that must be achieved by best management practices. In addition to proper mining techniques and reclamation measures, the Permittee will take necessary steps at the close of each operating season to assure that sediment movement or other pollution associated with surface runoff over the area is minimized in order to achieve water quality standards.

c.Sediment or pollution control measures refer to best management practices that are carried out within and, if necessary, adjacent to the disturbed land and consist of utilization of proper mining and reclamation measures, as well as specific necessary pollution control methods, separately or in combination. Specific pollution control methods may include, but are not limited to:(7-1-24)

i.Keeping the disturbed land to a minimum at any given time through concurrent reclamation;

ii.Shaping waste to help reduce the rate and volume of water runoff by increasing infiltration;

iii.Retaining sediment within the disturbed land;(7-1-24)

iv.Diverting surface runoff to limit water coming into the disturbed land and settling ponds; (7-1-24)

v.Routing runoff through the disturbed land using protected channels or pipes so as not to increase sediment load;(7-1-24)

vi.Use of riprap, straw dikes, check dams, mulches, temporary vegetation, or other measures to reduce overland flow velocities, reduce runoff volume, or retain sediment; and(7-1-24)

vii.Use of adequate sediment ponds, with or without chemical treatment.(7-1-24)

02.Modification of Best Management Practices. If best management practices utilized by the Permittee do not result in compliance with Subsection 040.01, the Director will require the Permittee to modify or improve such best management practices to meet state water quality standards.(7-1-24)

03.Clearing and Grubbing. Clearing and grubbing of land in preparation for mining exposes mineral soil to the erosive effects of moving water. Permittees are cautioned to keep such areas as small as possible (preferably no more than one (1) year’s mining activity) as the Permittee is required to meet state water quality standards. Trees and slash should be stockpiled for use in seedbed protection and erosion control and such stockpiling may be a requirement of the approved permit.(7-1-24)

04.Overburden/Topsoil. To aid in the revegetation of disturbed land, where placer or dredge mining operations result in the removal of substantial amounts of overburden, including any topsoil, the Permittee must remove, where practicable, the available topsoil or other growth medium as a separate operation for such area. Unless there are previously disturbed lands which are graded and immediately available for placement of the newly removed topsoil or other growth medium, the topsoil or other growth medium must be stockpiled and protected from erosion and contamination until such areas become available.(7-1-24)

a.Overburden/topsoil removal:(7-1-24)

i.Any overburden/topsoil to be removed will be removed prior to any other mining activity to prevent loss or contamination;(7-1-24)

ii.Where overburden/topsoil removal exposes land area to potential erosion, the Director may, as a condition of a permit, limit the size of any one (1) area having topsoil removed at any one (1) time; and(7-1-24)

iii.Where the Permittee can show that an overburden material other than topsoil is more conducive to plant growth, or where overburden other than topsoil is the only material reasonably available, such overburden may be allowed as a substitute for or a supplement to the available topsoil.(7-1-24)

b.Topsoil storage. Topsoil stockpiles must be placed to minimize rehandling and exposure and to avoid excessive wind and water erosion. Topsoil stockpiles must be protected, as necessary, from erosion by use of temporary vegetation or by other methods which will control erosion including, but not limited to, silt fences, chemical binders, seeding, and mulching.(7-1-24)

c.Overburden storage. Stockpiled ridges of overburden must be leveled to a minimum width of ten (10) feet at the top. Peaks of overburden must be leveled to a minimum width of fifteen (15) feet at the top. The overburden piles must be reasonably prepared to control erosion using best management practices such as terracing, silt fences, chemical binders, seeding, and mulching.(7-1-24)

05.Roads .( 7-1-24)

a.Roads must be constructed to minimize soil erosion. Such construction may require, but is not limited to, restrictions on length and grade of roadbed, surfacing of roads with durable non-toxic material, stabilization of cut and fill slopes, and other techniques designed to control erosion.(7-1-24)

b.All access and haul roads must be adequately drained. Drainage structures may include, but are not limited to, properly installed ditches, water-bars, cross drains, culverts, and sediment traps.(7-1-24)

c.Culverts that are to be maintained for more than one (1) year must be designed to pass peak flows from not less than a twenty (20) year, twenty-four (24) hour precipitation event and have a minimum diameter of eighteen (18) inches.(7-1-24)

d.Roads and water control structures must be maintained at periodic intervals as needed. Water control structures serving to drain roads may not be blocked or restricted in any manner to impede drainage or significantly alter the intended purpose of the structure.(7-1-24)

e.Roads that are to be abandoned must be cross-ditched, ripped, and revegetated or otherwise obliterated to control erosion.(7-1-24)

f.Roads that will be used under the jurisdiction of a governmental or private landowner after reclamation is completed are the Permittee’s responsibility under Subsection 040.01 until the successor assumes control.(7-1-24)

06.Settling Ponds -- Minimum Criteria.(7-1-24)

a.Settling ponds must provide adequate sediment storage capacity to achieve compliance with applicable water quality standards and protect existing beneficial uses, and may require periodic cleaning and proper disposal of sediment.(7-1-24)

b.No settling pond, used for process water clarification may be constructed to block a surface water drainage.(7-1-24)

c.All settling ponds will be constructed and designed to prevent surface water runoff from entering the pond.(7-1-24)

d.All settling ponds will be constructed and maintained to contain direct precipitation to the pond surface from a fifty (50) year twenty-four (24) hour storm event.(7-1-24)

e.No chemicals may be used for water clarification or on site gold recovery without prior notification to, and approval from, the DEQ.(7-1-24)

07.Dewatering Settling Ponds. Upon reclamation, settling ponds must be dewatered, detoxified, and stabilized. Stabilization includes regrading to the approximate original contour, and may require removal and disposal of settling pond contents.(7-1-24)

08.Backfilling and Grading.(7-1-24)

a.Every operator who conducts placer mining exploration operations that disturb less than one-half (1/2) acre must contour the disturbed land to its approximate previous contour. These lands must be revegetated in accordance with Subsection 040.15. For showing discovery on federal mining claims, unless otherwise required by a federal agency, one (1) pit may be left open on each claim pending verification by federal mining examiners, but must not create a hazard to humans or animals . Such pits and trenches must be reclaimed within one (1) year of verification.(7-1-24)

b.Every Permittee who disturbs more than one-half (1/2) acre must shape and smooth the disturbed ground to a grade reasonably comparable with the natural contour of the ground prior to mining, and to a condition that promotes the growth of vegetation except as provided in Paragraph 040.15.m. or minimize erosion through other means. Any disturbed natural watercourse must be restored to a configuration and structure conducive to good fish and wildlife habitat and recreational use.(7-1-24)

c.Backfill materials must be compacted in a manner to ensure stability of the fill.(7-1-24)

d.After the disturbed land has been graded, slopes will be measured by the Department for compliance with the requirements of the Act, these rules, and the permit.(7-1-24)

09.Waste Disposal -- Disposal of Waste in Areas Other Than Mine Excavations. Waste materials not used in backfilling mined areas must be placed, stabilized, and revegetated to ensure that drainage is compatible with the surrounding drainage and to ensure long-term stability.(7-1-24)

a.The Permittee may, if appropriate, use terraces to stabilize the face of any fill. Slopes of the fill material may not exceed the angle of repose.(7-1-24)

b.Unless adequate drainage is provided through a fill area, all surface water above a fill must be diverted away from a fill area into protected channels, and drainage may not be directed over the unprotected face of a fill.(7-1-24)

10.Topsoil Redistribution. Topsoil must be spread to achieve a thickness over the regraded area, adequate to support plant life. Excessive compaction of overburden and topsoil is to be avoided. Topsoil redistribution must be timed so that seeding or other protective measures can be readily applied to prevent compaction and erosion. Final grading must be along the contour unless such grading will expose equipment operators to hazardous operating conditions, in which case the best alternative method must be used in grading.

11.Soil Amendments. Nutrients and soil amendments will be applied as needed to the graded areas to successfully achieve the revegetation requirements of the permit.(7-1-24)

12.Revegetating Waste Piles. The Permittee must conduct revegetation activities with respect to such waste piles in accordance with Subsection 040.15.(7-1-24)

13.Mulching. Mulch should be used on severe sites and may be required by the permit. Nurse crops such as rye, oats, and wheat may be used as a substitute for mulch where they will provide adequate protection and will be replaced by permanent species within a reasonable length of time.(7-1-24)

14.Permanent Cessation and Time Limits for Planting.(7-1-24)

a.Wherever possible, but not later than one (1) year after grading, seeding and planting of disturbed lands will be completed during the first favorable growth period after seedbed preparation. If permanent vegetation is delayed or slow in establishment, temporary cover of small annual grains, grasses, or legumes may be used to control erosion until adequate permanent cover is established.(7-1-24)

b.Reclamation activities should be concurrent with the mining operation and may be included in the approved permit. Final reclamation of the permit area or any part of the permit area must begin within one (1) year after the placer or dredge mining operations have permanently ceased on those parts of the permit area.(7-1-24)

c.A Permittee will be presumed to have permanently ceased placer or dredge mining operations on a giv en portion of disturbed land where no substantial amount of mineral or overburden material has been removed or overburden placed on an overburden dump, or no significant use has been made of a road during the previous one (1) year.(7-1-24)

d.If a Permittee does not plan to use disturbed land for one (1) or more years, but intends thereafter to use the disturbed land for placer or dredge mining operations, and desires to defer final reclamation until after its subsequent use, the Permittee must submit written a notice of intent and request for deferral of reclamation to the Department. If the Department determines that the Permittee plans to continue the operation within a reasonable period of time, the Department will notify the Permittee and may require actions to be taken to stabilize stockpiles and maintain water quality until operations resume. If the Department determines that the use of the disturbed land for placer or dredge mining operations will not be continued within a reasonable period of time, the Department will proceed as though the placer or dredge mining operation has been abandoned, but the Department will notify the Permittee of such decision at least thirty (30) days before taking any formal administrative action.(7-1-24)

15.Revegetation Activities.(7-1-24)

a.The Permittee must select and establish plant species that can be expected to result in vegetation comparable to that growing on the disturbed lands prior to placer or dredge mining operations or other species that will be conducive to the post-mining use of the disturbed lands. The Permittee may use available technical data and results of field tests for selecting seeding practices and soil amendments that will result in viable revegetation.

b.Standards for success of revegetation. Revegetative success, unless otherwise specified in the approved placer mining permit, is measured against the existing vegetation at the site prior to mining, or an adjacent reference area supporting similar vegetation.(7-1-24)

c.The ground cover of living plants on the revegetated area must be comparable to the ground cover of living plants on the adjacent reference area for two (2) full growing seasons after cessation of soil amendment or irrigation.(7-1-24)

d.For purposes of this rule, ground cover is considered comparable if it has, on the area actually planted, at least seventy percent (70%) of the premining ground cover for the mined land or adjacent reference area.

e.For locations with an average annual precipitation of more than twenty-six (26) inches, the Director, in approving a placer mining permit, may set a minimum standard for success of revegetation as follows:

i.Vegetative cover of seventy percent (70%) for two (2) full growing seasons in areas planted to herbaceous species only; or(7-1-24)

ii.Fifty percent (50%) vegetative cover for two (2) full growing seasons and six hundred (600) woody plants per acre in areas planted to a mixture of herbaceous and woody species.(7-1-24)

f.As used in this section, “herbaceous species” means grasses, legumes, and other forbs; “woody plants” means woody shrubs, trees, and vines; and “ground cover” means the area of the ground surface covered by the combined aerial parts of vegetation and the litter that is produced naturally on-site, expressed as a percentage of the total area measurement. Rock surface areas, composed of rock three plus (3+) inches in diameter will be excluded from this calculation. For purposes of measuring ground cover, rock greater than three (3) inches in diameter is considered as ground cover.(7-1-24)

g.Previously mined areas that lack sufficient topsoil and are re-disturbed by a placer or dredge mining operation are not required to meet the revegetation standards in Section 040, but vegetation must be established to the extent necessary to control erosion and may not be less than that which existed before redisturbance.(7-1-24)

h.In troduced species may be planted if they are comparable to previous vegetation, or if known to be of equal or superior use for the approved post-mining use of the disturbed land, or, if necessary, to achieve a quick, temporary cover for soil stabilization purposes. Species classified as poisonous, noxious weeds, or invasive may not be used in revegetation.(7-1-24)

i.By mutual agreement of the Department, the landowner, and the Permittee, a site may be converted to a different, more desirable, or more economically suitable habitat.(7-1-24)

j.Planting of grasses and forbs should be done in a manner which promotes rapid stabilization of the soil surface. Wherever terrain permits, grasses and forbs should be drilled or compacted into the ground using agricultural grass planting equipment or other seeders specifically designed for mine revegetation applications.

Broadcast and hydroseeding may be used on areas where other methods are impractical or unavailable.(7-1-24)

k.The Permittee should plant shrubs or shrub seed, as required, where shrub communities existed prior to mining. Shrub seed may be planted as a portion of a grass seed mix or planted as bare-root transplants after grass seeding. Where the landowner desires a specific land use such as grazing or cropland, shrubs will not be required in the revegetation species mix. Shrub lands undergoing revegetation with shrubs must be protected from erosion by vegetation, chemical, or other acceptable means during establishment of the shrubs.(7-1-24)

l.Reforestation -- Tree stocking of forestlands should meet the following criteria:(7-1-24)

i.Trees that are adapted to the site should be planted on the land to be revegetated, in a density which can be expected over time to yield a timber stand comparable to premining timber stands. This in no way is to exclude the conversion of sites to a different, more desirable, or more economically suited species;(7-1-24)

ii.Trees must be established for two (2) full growing seasons after cessation of any soil amendments and irrigation before they are considered to be established; and(7-1-24)

iii.Forest lands undergoing revegetation with trees should be protected from erosion by vegetation, chemical binders, or other acceptable means during seedling establishment.(7-1-24)

m.Revegetation is not required on the following areas:(7-1-24)

i.Disturbed lands, or portions thereof, where planting is not practicable or reasonable because the soil is composed of excessive amounts of sand, gravel, shale, stone, or other material to such an extent to prohibit plant growth;(7-1-24)

ii.Any mined land or overburden piles proposed to be used in the mining operations;(7-1-24)

iii.Any mined land or overburden pile, where lakes are formed by rainfall or drainage run-off from adjoining lands;(7-1-24)

iv.Any mineral stockpile;(7-1-24)

v.Any exploration trench which will become a part of any pit or overburden disposal area; and

vi.Any road which is to be used in mining operations, so long as the road is not abandoned. (7-1-24)

IDAPA 20.03.01.041 (Reserved)

IDAPA 20.03.01.050 Termination of a Permit

01.Completion of Reclamation.

A permit may be retired upon completion of all reclamation activity to the standards specified in the permit and these rules, a written request from the Permittee, and after final inspection and approval has been granted by the Department. Upon permit retirement, the Department will release the remaining bond.(7-1-24)

02.Involuntary Termination. For continuous operation, the bonded permit will remain valid.

Administrative action may be taken to terminate a permit if:(7-1-24)

a.The permit does not remain bonded;(7-1-24)

b.The placer and dredge mining operations are not commenced within two (2) years of the date of Board approval;(7-1-24)

c.The placer and dredge mining operations are permanently ceased and final reclamation has not commenced within one (1) year of the date of permanent cessation;(7-1-24)

d.Inspection fees are delinquent; or(7-1-24)

e.Permittee fails to comply with the Act, these rules, or the permit.(7-1-24)

IDAPA 20.03.01.051 Enforcement and Failure to Comply

01.Inspection.

The Director may inspect the operation under permit from time to time to determine compliance with the act, these rules, the permit, and the reclamation plan. The cost and expense of such inspections will be borne by the Permittee.(3-18-22)

a.Cost of inspection is assessed at a flat rate of two hundred and fifty dollars ($250) per year for each permit. Permits upon U.S. Forest Service administered lands is assessed at a flat rate of one hundred dollars ($100) per year for each permit, to reflect the reduced inspection work for the department.(3-18-22)

b.A billing for inspection costs will be made in advance each May 1, with the costs due and payable within thirty (30) days of receipt of an inspection cost statement. Inspection fees become delinquent if not paid on or before June 1, and the department may assess the greater of the following; either a twenty-five dollars ($25) late payment charge or penalty at the rate of one percent (1%) for each calendar month or fraction thereof, compounded monthly, for late payments from the date the inspection fee is due. Such costs constitute a lien upon equipment, personal property, or real property of the Permittee and upon minerals produced from the permit area. Should inspection fees be delinquent, the department will send a single notice of delinquent payment by certified mail, return receipt requested, to the Permittee. If payment is not received by the department within thirty (30) days from the date of receipt, the department may take appropriate administrative action to cancel the permit as provided by Subsection

IDAPA 20.03.01.050 02.(3-18-22)

c.Inspection costs related to a reported violation are assessed at actual costs and in addition to those costs in Paragraph 051.01.a. Costs include mileage to and from the mine site, employee meals, lodging, personnel costs, and administrative overhead. Costs are due and payable thirty (30) days after receipt of the inspection cost statement.(3-18-22)

02.Department Remedies. Without affecting the penal and injunctive provisions of these rules, the Department may pursue the following remedies:(7-1-24)

a.When the Department determines that a Permittee has not complied with the Act, these rules, or the permit the Department will notify the Permittee in writing and set forth the violations claimed and the corrective actions needed.(7-1-24)

b.If the Permittee fails to complete the requested corrective action or enter a cooperative agreement as per Subsection 035.07 of these rules within the timeframe given in the notice of the violation, the Director may take action to terminate the permit and forfeit the bond as provided in Sections 47-1318, 1319, and 1329, Idaho Code.

03.Injunctive Procedures.(7-1-24)

The Director may seek injunctive relief, as provided by Section 47-1324, Idaho Code, against a Permittee or other person who violates the Act, these rules, or an approved permit.(7-1-24)

04.Civil Penalty.(7-1-24)

a.Pursuant to Section 47-1324, Idaho Code, any person violating the Act, these rules, a permit, or a rel ated final order may be liable for a civil penalty equal to the cost of reclamation. An additional penalty of five hundred dollars ($500) to two thousand five hundred dollars ($2,500) may also be assessed for each day a violation continues. Such penalty is recoverable in an action brought in the name of the state of Idaho by the attorney general.

b.Pursuant to Section 47-1324(f), Idaho Code, any person who willfully or knowingly falsifies any records, plans, specifications, or other information required by the Board or willfully fails, neglects, or refuses to comply with any of the provisions of these rules, is guilty of a misdemeanor and will be punished by a fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000) or imprisonment, not to exceed one (1) year, or both.(7-1-24)

05.Hearing Procedures.(7-1-24)

a. Hearings under Section 47-1318, Idaho Code, will he held as directed by Title 67, Chapter 52, Idaho Code.(7-1-24)

b.The cost of such hearing including, but not limited to, room rental, hearing officer fees, and transcript may be assessed against the Permittee as allowed by Section 47-1318, Idaho Code.(7-1-24)

06.Procedures for Appeals. Any applicant or permit holder aggrieved by any final decision or order of the Board is entitled to judicial review in accordance with the provisions and standards set forth in Title 67, Chapter 52, Idaho Code, the Administrative Procedures Act.(7-1-24)

IDAPA 20.03.01.052 (Reserved)

IDAPA 20.03.01.055 Computation of Time

Computation of time for these rules will be based on calendar days. In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Saturday, Sunday, or legal state holiday. In such a case, the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. Intermediate Saturdays, Sundays, or legal holidays are excluded from the computation when the period of prescribed time is seven (7) days or less.(7-1-24)

IDAPA 20.03.01.056 (Reserved)

IDAPA 20.03.01.065 Deposit of Forfeitures and Damages

01.Mining Account.

All monies, forfeitures, and penalties collected under the provisions of these rules will be deposited in the Dredge and Placer Mining Account to be used as directed by Section 47-1319, Idaho Code.(7-1-24)

IDAPA 20.03.01.066 (Reserved)

IDAPA 20.03.01.070 Compliance of Existing Plans with These Rules

These rules, upon their adoption, apply as appropriate to all existing placer or dredge mining operations, but will not affect the validity or modify the duties, terms, or conditions of any existing approved placer or dredge mining permits or impose any additional obligations with respect to reclamation upon any Permittee conducting placer or dredge mining operations pursuant to a placer or dredge mining permit approved prior to May 1, 2024.(7-1-24)

IDAPA 20.03.01.071 (Reserved)

20.03.15 Rules Governing Geothermal Leasing on Idaho State Lands

IDAPA 20.03.15.000 Legal Authority

This Chapter is adopted under the legal authorities of Sect ions 58-104(1), 58-104(6), 58-104(9), 58-105, 58-127, Idaho Code; and Section 58-307, Idaho Code; Title 47, Chapter 7, Idaho Code; Title 47, Chapter 16, Idaho Code; and Title 67, Chapter 52, Idaho Code.(7-1-25)

IDAPA 20.03.15.001 Scope

01.Scope.

These rules apply to the exploration and extraction of any Geothermal Resource situated in state-owned Mineral Lands.(7-1-25)

02.Other Laws. In addition to these rules, the Lessee must comply with all applicable federal, state and local laws, rules and regulations. Violating any applicable law, rule, or regulation constitutes a breach of any Lease issued in accordance with these rules.(7-1-25)

IDAPA 20.03.15.002 Administrative Appeals

Any Person aggrieved by any final agency action will be entitled to judicial review pursuant to Title 67, Chapter 52, Idaho Code; and Title 47, Chapter 16, Idaho Code.(7-1-25)

IDAPA 20.03.15.003 (Reserved)

IDAPA 20.03.15.010 Definitions

The terms Mineral Lands, Mineral Rights, and Mineral are defined in Section 47-701, Idaho Code. The term Casual Explo ration and Motorized Exploration are defined in Section 47-703A, Idaho Code. The term Geothermal Resource is defined in Section 47-1602, Idaho Code. In addition to the identified definitions in Idaho Code, the following definitions apply to these rules:(7-1-25)

01.Associated By-Products or By-Product:(3-18-22)

a.Any Mineral(s) (excluding oil, hydrocarbon gas, any other hydrocarbon compound, and helium) that are found in solution or developed in association with Geothermal Resources; or(7-1-25)

b.Demineralized or mineralized water found or developed in association with Geothermal Resources.

02.Board. The Idaho State Board of Land Commissioners or its designee.(3-18-22)

03.Completion. A well is considered to be completed thirty (30) days after drilling operations have ceased and the drill rig is removed from the premises or thirty (30) days after the initial production or injection test has been completed, whichever occurs first.(7-1-25)

04.Department. The Idaho Department of Lands.(7-1-25)

05.Director. The Director of the Idaho Department of Lands or their designee.(7-1-25)

06.Electrical Power Generation. The use of Geothermal Resources to either directly generate electricity or to heat a secondary fluid and use it to generate electricity.(7-1-25)

07.Field. A geographic area overlying a geologic setting with Geothermal Resource(s) or pool(s), including any porous, permeable geologic layer, that may be formed along one (1) fault or fracture, or a series of connected faults or fractures.(7-1-25)

08.Lease. A written agreement between the Department and a Person containing the terms and conditions upon which the Person will be authorized to use State Lands.(7-1-25)

09.Lessee. The Person to whom a geothermal Lease has been issued and their successor in interest or assignee. It also means any agent of the Lessee or an Operator holding authority by or through the Lessee.(7-1-25)

10.Market Value. The most probable price at a specified date, in cash, or on terms reasonably equivalent to cash, for which the property or commodity should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.(3-18-22)

11.Navigable Water Courses. The state-owned beds of active lakes, rivers, and streams, excluding formerly submerged public lands.(7-1-25)

12.Operator. The Person having control or management of operations on the leased lands or a portion thereof. The Operator may be the Lessee, designated operator, or agent of the Lessee, or holder of rights under an approved operating agreement.(7-1-25)

13.Overriding Royalty. An interest in the Geothermal Resource produced at the surface free of any cost of production. It is a royalty in addition to the royalty reserved to the State.(7-1-25)

14.Person. Any individual, corporation, partnership, limited liability company, association, trust, unincorporated organization or other legal entity qualified to do business in the state of Idaho, and any federal, state, county, or local unit of government.(7-1-25)

15.Record Title. The publicly recorded Lease that evidences the right that a Person has to the possession of the leased property.(7-1-25)

16.Reservoir or Pool. A porous, permeable geologic layer containing Geothermal Resources.

17.Shut In. To close the valves at the wellhead so that the well stops flowing or producing. Also describes a well on which the valves have been closed.(3-18-22)

18.State Lands. Without limitation, lands in which the title to the Mineral Rights are owned by the state of Idaho and are under the jurisdiction and control of the Board or any other state body or agency, having been obtained from any source and by any means whatsoever, including the beds and banks of navigable waters of the state of Idaho.(7-1-25)

19.Waste. Any physical loss of Geothermal Resources including:(7-1-25)

a.Underground loss of Geothermal Resources resulting from inefficient, excessive, or improper use, or dissipation of geothermal energy, or of any Geothermal Resource Pool, Reservoir, or other source;(7-1-25)

b.Underground loss of Geothermal Resources resulting from the locating, spacing, constructing, equipping, operating, or producing of any well in a manner which results in inefficient, excessive or improper use or dissipation of the quantity of geothermal energy to be recovered;(7-1-25)

c.The inefficient above-ground transporting or storage of geothermal energy;(7-1-25)

d.The inefficient above-ground locating, spacing, equipping, operating, or producing of any well, including injection well, in a manner causing unnecessary or excessive surface loss or destruction of geothermal energy; or(7-1-25)

e.The escape into the open air from a well of steam or hot water in excess of what is reasonably necessary in the efficient development of or production from a well.(7-1-25)

IDAPA 20.03.15.011 Abbreviations

01.IDWR. Idaho Dep artment of Water Resources.(3-18-22)

IDAPA 20.03.15.012 (Reserved)

IDAPA 20.03.15.020 Qualified Applicants and Lessees

Any Person legally competent to contract may submit an ap plication to lease State Land provided such Person does not have any contract in default with the state of Idaho or any department or agency thereof.(7-1-25)

IDAPA 20.03.15.021 Lease Award Through Auction

If more than one (1) application is received for geothermal development on the same parcel of land, a lease auction will be held.(3-18-22)

IDAPA 20.03.15.022 (Reserved)

IDAPA 20.03.15.030 Lease Provisions

01.Diligence in Utilization. Lessee will use due diligence to market or utilize Geothermal Resources in paying quantities. If leased land is capable of producing Geothermal Resources in paying quantities, but production is shut-in, the Lease will continue in force upon payment of rentals for the duration of the Lease term or two (2) years after shut-in, whichever is shorter. If the Department determines that the Lessee is proceeding diligently to acquire a contract to sell or to utilize the production or is progressing with installations needed for production, the Lease may continue in force for one (1) additional year if rental payments are kept current. The Department will continue to review a shut-in Lease every year until production and payment of royalties takes place, or the Lease is terminated for Lessee’s lack of due diligence or surrendered by the Lessee.(7-1-25)

02.Yearly Reporting. A report of all exploration, development, and production activities must be submitted to the Department at the close of each Lease year.(7-1-25)

IDAPA 20.03.15.031 (Reserved)

IDAPA 20.03.15.035 Rentals

01.Advance Annual Rental.

Lessee will pay the Department, in advance, a yearly annual rental. The annual rental for the first year of the Lease’s term will be paid to the Department within thirty (30) days of the date of notice of Lease approval or award. Together with the payment, the Lessee must submit a lease agreement that it executed. Second year and subsequent rental payments must be received by the Department before the Lease’s anniversary date.(7-1-25)

02.Amount. Annual rentals will be set by the Board through competitive bidding, negotiation, fixed amounts, formulas, or some other method of valuation that a prudent investor might reasonably apply to establish such rental amounts.(3-18-22)

IDAPA 20.03.15.036 Royalties

01.Royalty Payments.

The Lessee will pay the Department royalties on the value of geothermal production from the leased lands. The royalty rate will be established per Section 47-1605(2), Idaho Code. Royalty rates may be adjusted throughout the Lease’s term to keep pace with Market Values. When Leases are issued, the following guidelines will be used for royalty rates not subject to competitive bidding:(7-1-25)

a.A royalty of at least five percent (5%) of the amount or value of Geothermal Resources, or any other form of heat or energy excluding Electrical Power Generation, derived from production under the Lease and sold or utilized by the Lessee or reasonably susceptible to sale or utilization by the Lessee;(7-1-25)

b.A royalty of at least two percent (2%) of the amount or value of any Associated By-Product derived from production under the Lease and sold or utilized or reasonably susceptible of sale or utilization by the Lessee, including commercially demineralized water, and;(7-1-25)

c.A royalty of at least two percent (2%) of gross receipts for sale of electrical power.(7-1-25)

02.Calculation of Value. The value of geothermal production from the leased lands for the purpose of computing royalties is based on a total of the following:(7-1-25)

a.The total consideration accruing to the Lessee from the sale of Geothermal Resources to another party in an arms-length transaction; and(7-1-25)

b.The value of the end product attributable to the Geothermal Resource produced from a particular Lease where Geothermal Resources are not sold by the Lessee before being utilized, but are instead directly used in manufacturing power production, or other industrial activity; and(7-1-25)

c.The value of all renewable energy credits or similar incentives based on a proportionate share of the leased lands in the entire project area qualifying for the credits.(3-18-22)

03.Due Date. Royalties will be due and payable monthly to the Department on or before the last day of the calendar month following the month in which the Geothermal Resources and/or their Associated By-Products are produced and utilized or sold.(7-1-25)

04.Utilization of Geothermal Resources. The Lessee, within thirty (30) days of execution, must file with the Department a copy of any contract for the utilization of Geothermal Resources from the Lease. Unless otherwise authorized, in writing, by the Department, reports of sales or utilization by Lessee and royalty for each productive Lease must be filed monthly once production begins, even though production may be intermittent. The report must include total volumes of Geothermal Resources produced and utilized or sold, including Associated By- Product(s), the value of production, and the royalty due to the state of Idaho. The report is due on or before the last day of the month following the month in which production was obtained and sold or utilized, together with the royalties due to the state of Idaho.(7-1-25)

05.Measurement. The Lessee will measure all production in accordance with Department approved methods. The quantity and quality of all production will be determined in accordance with the standard practices, procedures, and specifications generally used in industry. All measuring equipment must be tested consistent with industry practice and, if found defective, the Department will determine the quantity and quality of production from the best evidence available.(7-1-25)

06.By-Product Testing. The Lessee must furnish the Department the results of periodic tests consistent with industry practice showing the content of By-Products in the produced Geothermal Resources. The Department may require additional tests be taken at Lessee’s expense. Any additional tests which are not consistent with industry practices will be conducted at the expense of the Department.(7-1-25)

07.Pooling. The Department may authorize a Lessee to pool production from wells on their State Lease(s) with production from non-state lands. Department approval of pooling will not be unreasonably withheld, and will consider the following:(7-1-25)

a.The Operator’s economic necessity of pooling;(7-1-25)

b.The type of geothermal use proposed for the pooled waters; and(7-1-25)

c.Sufficient measurement and accounting of all the pooled waters to ensure that the Department is appropriately compensated by royalties.(7-1-25)

IDAPA 20.03.15.037 (Reserved)

IDAPA 20.03.15.040 Size of a Leasable Tract

01.Surface Area. Ge othermal Leases are not limited in surface area. The Board will determine the surface area of a Lease after consultation with other state agencies and prospective Lessees. The probable extent of a geothermal Reservoir, the surface area needed for a viable project, and other relevant factors will be used to help determine Lease surface area.(7-1-25)

02.Navigable Water Courses. Geothermal Resources Leases may be issued for State Lands underlying Navigable Water Courses. Such lands are considered State Lands and will be leased in accordance with these rules. Operations in the beds of Navigable Water Courses will not be authorized except in necessary circumstances and then only with the Board’s express written approval and upon such conditions and security as the Department deems appropriate.(7-1-25)

IDAPA 20.03.15.041 (Reserved)

IDAPA 20.03.15.050 Land Surface Use Rights and Obligations

01.Use and Occupancy.

a.Lessee will be entitled to use and occupy only so much of the surface of the leased lands as may be required for all purposes reasonably incident to exploration, drilling, producing, or marketing for Geothermal Resources and Associated By-Products produced from the leased lands, including the right to construct and maintain thereon all works, buildings, plants, waterway, roads, communication lines, pipelines, reservoirs, tanks, pumping stations or other structures necessary to the full enjoyment and development thereof, consistent with Department approved plan of operations and amendments, if amended.(7-1-25)

b.Uses occurring on the leased area related to exploration, development, production, or marketing of Geothermal Resources and Associated By-Products.(7-1-25)

02.Distance from Residence. No well may be drilled within two hundred (200) feet of any house or barn on the leased lands, without the written consent of the Department and its surface Lessees, grantees, or contract purchasers.(7-1-25)

03.Disposal of Leased Land. The Board reserves the right to sell or otherwise dispose of the Leased Land’s surface to the extent that the surface is not necessary for Lessee’s use in the exploration, development, and production of the Geothermal Resources and Associated By-Products. Any disposal of surface rights made subsequent to executing a Lease will be subject to of that Lease’s the terms and provisions for the Lease’s duration.

04.Damage. Lessee must pay the Board, its surface lessees or grantees, or contract purchasers, for any damage done to the surface of said lands and improvements thereon, including without limitation growing crops, by reason of Lessee’s operations.(7-1-25)

IDAPA 20.03.15.051 (Reserved)

IDAPA 20.03.15.054 Exploration Under the Lease

01.Diligent Exploration. Lessees m ust perform diligent exploration and development activities in the first five (5) years of the initial Lease term or as otherwise extended by Lease provision. Diligent exploration includes seismic, gravity, and other geophysical surveys, geothermometry studies, drilling temperature gradient wells, or similar activities that seek to determine the presence or extent of Geothermal Resources. This exploration may occur off of leased lands if it is being done on the same geothermal Field. Failure to perform diligent exploration as described may result in Lease cancellation.(7-1-25)

02.Plan Required. Lessee must submit a Research and Analysis Plan to the Department before any Motorized Exploration on leased lands. The proposed activities may not start until the Department approves the plan and the applicable conditions in Sections 100 and 101 have been satisfied. The plan of operations may be amended as needed with Department approval. The plan includes all items that the Department deems necessary or useful in managing the Geothermal Resources including:(7-1-25)

a.A narrative statement describing all diligent exploration activities that Lessee will conducts, including the type; location; expected impact, disturbance, or damage to the land or existing natural resources; and schedule of all proposed or planned diligent exploration.(7-1-25)

b.A narrative statement describing the proposed measures to be taken for protection of the environment, including, but not limited to the prevention or control of:(3-18-22)

i.Fires;(3-18-22)

ii.Soil loss and erosion;(3-18-22)

iii.Pollution of surface and ground waters;(3-18-22)

iv.Damage to fish and wildlife or other natural resources;(3-18-22)

v.Air and noise pollution; and(3-18-22)

vi.Hazards to public health and safety during Lease activities.(7-1-25)

c.All pertinent information or data that the Department may require to support the plan of operations for the utilization of Geothermal Resources and the protection of the environment;(7-1-25)

d.A proposed schedule, which includes major milestones with sufficient detail to assess progress.

IDAPA 20.03.15.055 Development and Production Under the Lease

01.Diligent Development of Lease and Production. Les see must develop the Geothermal Resources on their leased lands for the Lease’s duration and start production within the first ten (10) years of the initial Lease term or as otherwise extended by Lease provision. Development of the leased lands requires drilling wells and constructing other necessary infrastructure to enable production. Production on the leased lands means that Geothermal Resources are being used and royalties are being paid to the State. Failure to develop under the Lease and start production as described may result in Lease cancellation unless the Lessee applies to the Department, and the Department grants an extension.(7-1-25)

02.Best Practices. All operations will conform to the best practice and engineering principles in use in the industry. Operations must be conducted in such a manner as to: protect the natural resources on the leased lands, including without limitation Geothermal Resources; result in the maximum ultimate recovery of Geothermal Resources with minimal waste; and be consistent with the principles of the land’s use for other purposes and of the protection of the environment. Lessee must promptly remove from the leased lands or store, in an orderly manner, all scraps or other materials not in use and not reasonably incident to the operation.(7-1-25)

03.Plans Required. Prior to development, Lessee must submit a development plan, operating plan, and decommissioning and reclamation plan for the leased lands. All plans must be approved by the Department, in writing, prior to Lessee beginning a phase of the Lease in which those plans are performed or as otherwise required by the Lease. Plans must include all items that the Department deems necessary or useful in managing the Geothermal Resources, including the items referred to in Sections 054.03.a. and 054.03.b.(7-1-25)

04.Waste and Damage.(3-18-22)

a.Lessee must take all reasonable precautions to prevent the following:(3-18-22)

i.Waste;(3-18-22)

ii.Damage to other natural resources;(3-18-22)

iii.Injury or damage to Persons, real or personal property; and(7-1-25)

iv.Any environmental pollution or damages that may constitute a violation of state or federal laws.

b.The Department may inspect Lessee’s operations and issue any order necessary to accomplish the purposes in Subsection 055.04.a. Any significant effect on the environment created by the Lessee’s operations or failure to comply with environmental standards must be reported to the Department by Lessee within twenty-four (24) hours and confirmed in writing within thirty (30) days.(7-1-25)

05.Notice of Production. Lessee must notify the Department within sixty (60) days before any Geothermal Resources are used or removed for commercial purposes.(7-1-25)

06.Amendments. Lessee may amend the plan of operations and submit it to the Department for written approval to reflect changes in operations on the leased lands, including the installation of works, buildings, plants, or structures for the production, marketing, or utilization of Geothermal Resources.(7-1-25)

IDAPA 20.03.15.056 Waste Prevention, Drilling and Production Obligations

01.Waste.

All Leases are subject to the condition that the Lessee will, in conducting exploration, development, and production operations, use all reasonable precautions to prevent Waste of Geothermal Resources and other natural resources found or developed in the leased lands.(7-1-25)

02.Diligence. The Lessee must, subject to the right to surrender the Lease, diligently drill and produce, or unitize such wells as are necessary to protect the Board from loss by reason of production on other properties.

03.Prevention of Waste Through Reinjection. Lessees must return geothermal waters to the geothermal aquifer in a manner that supports geothermal development.(7-1-25)

04.Additional Requirements. The selection of the types and weights of drilling fluids and provisions for controlling fluid temperatures, blowout preventers, and other surface control equipment and materials, casing and cementing programs, etc., to be used must be based on sound engineering principles and must take into account apparent geothermal gradients, depths and pressures of the various formations to be penetrated, and other pertinent geologic and engineering data and information about the area. In addition, the Lessee must:(7-1-25)

a.Take all necessary precautions to keep all wells under control at all times;(3-18-22)

b.Utilize trained and competent personnel;(3-18-22)

c.Utilize properly maintained equipment and materials; and(3-18-22)

d.Use operating practices that ensure the safety of life and property.(3-18-22)

05.Unused Wells. Except as provided in Subsection 070.02, the Lessee must promptly plug and abandon any unused or non-useful well on the leased land in conformity with IDWR’s regulations or its successor agency. A production well may not be abandoned until its lack of capacity for further profitable production of Geothermal Resources has been demonstrated to the Department’s satisfaction and the Department has been given an opportunity to either acquire the well permit or assign it to another party. A producible well may be abandoned only after Department’s written approval. Equipment will be removed and premises at the well site will be restored as near as reasonably possible to its original condition immediately after plugging operations are completed on any well, except as otherwise authorized by the Department in writing. Drilling equipment must not be removed from any suspended drilling well without taking adequate measures to close the well and protect subsurface resources. Lessee’s failure to comply with any requirements under this rule, may result in the Department causing the work to be performed at the expense of the Lessee and the surety.(7-1-25)

IDAPA 20.03.15.057 (Reserved)

IDAPA 20.03.15.060 Exploration and Operation Records, Confidentiality

01.Drilling Records.

Lessee must keep or cause to be kept and filed, with the IDWR such careful and accurate well drilling records as are required by IDWR. As an express condition of the Lease, the Department may, at any time, inspect and copy well drilling records filed with IDWR. Lessee must file with the Department such production records and exploration evidence as required by Sections 030, 036, and 055 of these rules. The production records are subject to public inspection at the Department’s offices, during regular business hours and under such conditions as the Department deems appropriate, subject, except for disclosure exemptions set forth in Section 74- 107, Idaho Code.(7-1-25)

02.Continuing Obligations. Lessee’s obligations under this rule will continue beyond assignment, surrender, termination, or expiration of the Lease, unless the Department releases the Lessee, in writing, of all or any portion of its obligations under the lease upon the assignment, surrender, termination or expiration of the Lease.

Lessee must file all outstanding data and records required by law with the Department, within thirty (30) days after assignment, surrender, termination or expiration, or such additional time as the Department may grant.(7-1-25)

03.Well Logs. The confidentiality of well logs is limited to one (1) year from well Completion as stated in Section 42-4010(b), Idaho Code.(7-1-25)

IDAPA 20.03.15.061 (Reserved)

IDAPA 20.03.15.065 Lessee's Records, Right of Inspection by Department

The Department may examine, during business hours, all books, records, and other documents and matters pertaining to operations under a Lease, which are in Lessee’s custody or control, and may make copies of and extracts therefrom.(7-1-25)

IDAPA 20.03.15.066 (Reserved)

IDAPA 20.03.15.070 Water Rights

01.Water Rights. Lessee mu st comply with all applicable federal and state laws, rules and regulations regarding the appropriation of public waters of Idaho to beneficial uses. The establishment of any new water rights on State Lands must be by and for the Lessor and no claim thereto may be made by the Lessee. Such water rights will attach to and become appurtenant to the State Lands, and the Lessor will be the owner thereof.(7-1-25)

02.Potable Water Discovery. Leases are subject to the condition that, if the Lessee finds only potable water, which has no commercial value as a Geothermal Resource, in any well drilled for exploration or production of Geothermal Resources, and the water is of such quality and quantity so as to be valuable and usable for agricultural, domestic, or other purpose, the Board, or where appropriate, the surface Lessee, grantee or contract purchaser, will have the right to acquire the well with whatever casing is installed at the casing’s fair Market Value upon assuming of all future liabilities and responsibilities for the well, and with the approval of IDWR’s director.(7-1-25)

IDAPA 20.03.15.071 (Reserved)

IDAPA 20.03.15.075 Assignments

01.Prior Written Approval.

A Lessee must obtain the Department’s written approval for an assignment to be effective. Before consummating a sale, transfer, or assignment of the Lease, Lessee must provide the Department with certain information about the proposed assignment. Such information includes identifying the proposed assignee and the general terms of the proposed assignment on Department assignment application forms.

Following the Department’s written preapproval of the proposed assignee and general terms of the proposed assignment, Lessee and assignee may consummate any such sale, transfer, or assignment of Lessee’s leasehold interest in the Lease. The consummation of any assignment agreement by the Lessee without the Department’s written preapproval constitutes a default of the Lease, and such sale, transfer, or assignment may be rejected in the Department’s sole discretion; and such assignment will only be effective if the default is expressly waived in writing by the Department. For an assignment of Lessee’s interest in the Lease to be acceptable for Department approval, the consummated sale, transfer or assignment must include provisions wherein Lessee has sold, transferred, or assigned to the assignee any and all interest that Lessee has in the Lease together with any interest Lessee has in any improvements located upon the leased lands, and assignee must assume all liabilities of Lessee under the Lease together with ownership of all improvements owned by Lessee. An assignment between Lessee and its assignee will only take effect following the Department’s final written approval of the assignment following receipt of copies of the final, consummated sale, transfer or assignment agreement between Lessee and assignee.(7-1-25)

02.Full or Partial. A Lease may be assigned as to all or part of the acreage included therein to any qualified Person, provided that neither the assigned nor the retained part created by the assignment contains less than forty (40) acres. An assignment cannot create an undivided interest in a Lease of less than ten percent (10%).

03.Overriding Royalty Disclosure. Overriding royalty interests created by an assignment are subject to the requirements in Section 080.(7-1-25)

04.Responsibility. In assigning a partial or complete interest in leased the lands, the Lessee and its surety continue to be responsible for performing all obligations under the Lease until the Department, in writing, releases Lessee and its surety from obligations arising under the Lease after the Department accepts any such assignment. After an assignment’s effective date, the assignee and its surety will be bound by the terms of the lease to the same extent as if the assignee were the original Lessee, any conditions in the assignment to the contrary notwithstanding.(7-1-25)

05.Segregation of Assignment. An assignment of all or any portion of Lessee’s Record Title of the complete interest in a portion of the leased lands must clearly identify and segregate the assigned and retained portions. After the effective date, the assignor will be released and discharged from any obligations thereafter accruing with respect to the assigned portion of the leased lands. Such segregated Leases continue in full force and effect for the primary term of the original Lease or as further extended pursuant to the terms of these rules. (7-1-25)

06.Joint Principal. Where an assignment does not segregate the Record Title to the Lease, the assignee may become a joint principal on the bond with the assignor, if the assignment so provides. The application must be accompanied by the assignor’s surety’s written consent to remain bound under the bond of record, if the bond’s terms do not contain such consent. If a party to the assignment has previously furnished a statewide bond, no additional showing by such party is necessary as to the bond requirement.(7-1-25)

07.Application. The application for approval of an assignment must be on Department approved forms.(7-1-25)

08.Denial. If the Lessee is in default of the Lease at the time of a request for assignment approval, the Department may, in its sole discretion, reject any proposed assignment until the Lease is brought into full compliance.

The approval of an assignment of a Lease in good standing will not be unreasonably withheld, provided such consent of the Department is requested and obtained prior to any assignment.(7-1-25)

IDAPA 20.03.15.076 (Reserved)

IDAPA 20.03.15.080 Overriding Royalty Interests

01.Statements.

An overriding royalty interest, or any similar interest whereby an agreement is made to pay a percentage based on production, must be disclosed at the time of assignment or transfer by filing a statement of such interest with the Department. Assignees must meet the requirements of Section 020. All assignments of overriding royalty interests without a working interest and otherwise not contemplated by Section 075, must be filed with the Department within ninety (90) days from the date of execution.(7-1-25)

02.Maximum Amount. No Overriding Royalty on the production of Geothermal Resources created by an assignment under Section 075, or otherwise, will exceed five percent (5%) nor will an Overriding Royalty, when added to Overriding Royalties previously created, exceed five percent (5%).(7-1-25)

03.Conformance with Rules. The creation of an Overriding Royalty interest that does not conform to the requirements of this rule is deemed a violation of the Lease terms, unless the agreement creating Overriding Royalties provides for a prorated reduction of all Overriding Royalties so that the aggregate rate of Overriding Royalties does not exceed five percent (5%).(7-1-25)

04.Director's Authority. In addition to the foregoing limitations, any agreement to create, or any assignment creating, royalties or payments out of production from the leased lands is subject to the authority of the Director, after notice and hearing, to require the proper parties thereto to suspend or modify such royalties or payments out of production in such manner as may be reasonable when and during such periods of time as they may constitute an undue economic burden upon the reasonable operations of such Lease.(7-1-25)

IDAPA 20.03.15.081 (Reserved)

IDAPA 20.03.15.085 Unit or Cooperative Plans of Development or Operation

01.IDWR Approval.

Nothing in this rule excuses the parties to a unit agreement from procuring IDWR’s approval, if required, pursuant to Section 42-4013, Idaho Code.(7-1-25)

02.Unit Plan. For the purpose of conserving the natural resources of any geothermal Pool, Field, or like area, Lessees may, with the Department’s written consent commit the State Lands to unit, cooperative, or other plans of development or operation with other State Lands, federal lands, privately-owned lands, or Indian lands. The Department’s consent will not be unreasonably withheld. Applications to unitize, or a copy of the application filed with IDWR, must be filed with the Department who will certify whether the plan is necessary or advisable in the public interest. The Department may require whatever documents or data deemed necessary in the Department’s discretion. To implement such unitization, the Board may, with the consent of its Lessees, modify and change any terms of leases that are committed to such unit, cooperative, or other plans of development or operations.(7-1-25)

03.Contents. The agreement must: describe the separate tracts comprising the unit; disclose the apportionment of the production of royalties and costs to the several parties; disclose the name of the Operator; and contain adequate provisions for the protection of the interests of all parties, including the state of Idaho; be signed by, or on behalf of all interested necessary parties, and be submitted to the Department. The agreement must be signed by or on behalf of all interested necessary parties before being submitted to the Department. It will be effective only after written approval by the Department. The unit operator must be a Person, as defined by these rules and approved by the Department.(7-1-25)

04.Lease Modification. Any modification of an approved agreement will require the Department’s written approval under procedures similar to those in Subsection 085.02.(7-1-25)

05.Term. At the sole discretion of the Department, the term of any lease included in any cooperative or unit plan of development or operation may be extended for the term of such unit or cooperative agreement, but in no event beyond the time provided in Subsection 030.01. Rentals or royalties on leases so extended may be reassessed for such extended term of the lease.(7-1-25)

06.Continuation of Lease. Any lease that will be eliminated from any such cooperative or unit plan of development or operation, or any lease that will be in effect at the termination of any such cooperative or unit plan of development or operation, unless relinquished, will continue in effect for the term of the lease.(3-18-22)

07.Evidence of Agreement. Before issuing a lease for lands within an approved unit agreement, the lease applicant or successful bidder must file evidence that they have entered into an agreement with the unit operator for the development and operation of the lands in a lease if the lease is issued to them under and pursuant to the terms and provisions of the approved unit agreement, or a statement giving satisfactory reasons for the failure to enter into such agreement. If such statement is acceptable, the lease applicant or successful bidder may operate independently, but must perform their operations in a manner that the Department deems to be consistent with the unit operations.

IDAPA 20.03.15.086 (Reserved)

IDAPA 20.03.15.095 Surrender, Termination, Expiration of Lease

01.Procedure.

A Lease, or any surveyed subdivision of the leased lands, may be surrendered by the Record Title holder by filing with the Department a written relinquishment on a Department form. A partial relinquishment cannot reduce the remaining acreage in the Lease to less than forty (40) acres. The minimum acreage provision of this section may be waived by the Department if the Department finds such exception is justified based on exploratory and development data derived from activity on the leasehold. The relinquishment must:(7-1-25)

a.Describe the lands to be relinquished;(3-18-22)

b.Include a statement as to whether the relinquished lands have been disturbed and, if so, whether they were restored as prescribed by the Lease’s terms; and(7-1-25)

c.State whether wells have been drilled on the lands and, if so, whether they have been plugged and abandoned pursuant to IDWR’s rules.(7-1-25)

02.Continuing Obligations. A relinquishment takes effect on the date it is filed, subject to the continued obligation of the Lessee and their surety to:(7-1-25)

a.Make payments of all accrued rentals and royalties;(7-1-25)

b.Place all wells on the relinquished land in condition for suspension of operations or abandonment;

c.Restore the surface resources in accordance with these rules and the terms of the Lease; and

d.Comply with all other environmental stipulations provided for by the Lease and applicable law.

03.Failure to Pay Rental or Royalty. The Director may terminate a Lease for failure to pay rentals or royalties thirty (30) days after mailing a notice of delinquent payment. If the time for payment falls upon any day in which the Department is not open, payment received on the next official working day will be deemed to be timely.

The termination of the Lease for failure to pay the rental will be noted on the Department’s official records. Upon termination the lands included in such lease may become subject to leasing as provided by these rules.(7-1-25)

04.Termination for Cause. A Lease may be terminated by the Department for any violation of the Lease’s terms or of applicable laws sixty (60) days after notice of the violation has been given to Lessee by personal service or certified mail, return receipt requested, to the address of record last appearing in the Department’s files, unless:(7-1-25)

a.The violation has been corrected; or(3-18-22)

b.The violation is one that cannot be corrected within the notice period and the Lessee has in good faith commenced, within the notice period, correcting the violation and has diligently proceeded to complete the correction.(7-1-25)

05.Equipment Removal. Prior to the Lease’s expiration, termination, or surrender, and provided the Lessee is not in default, the Lessee may remove from the leased lands any materials, tools, appliances, machinery, structures, and equipment, other than improvements needed for producing wells. Anything subject to removal, but not removed may become property of the state of Idaho, at the option of the Department; be removed by the Department, at the Lessee’s expense; or be removed by the Lessee, at the Department’s request.(7-1-25)

06.Surrender After Termination. Upon the expiration or termination of a Lease, the Lessee will quietly and peaceably surrender possession of the premises to the state, and if the Lessee is surrendering the leased premises or any portion thereof, the Lessee must deliver to the state a good and sufficient release on a form furnished by the Department.(7-1-25)

IDAPA 20.03.15.096 (Reserved)

IDAPA 20.03.15.100 Bond Requirements

01.Minimum Bond. Before using Motorized Exploration Lessee must furnish a bond. This bond will be in favor of the state of Idaho, conditioned on the payment of all damages to the land surface and all improvements thereon, including without limitation crops on the lands, whether or not the leased lands have been sold or leased by the Board for any other purpose; conditioned also upon Lessee complying with their obligations under their Lease.

The Department may require a new bond in a greater amount at any time after operations have begun, upon a finding that such bond is reasonably necessary to protect State resources.(7-1-25)

02.Statewide Bond. In lieu of the aforementioned bonds, Lessee may furnish a good and sufficient “statewide” bond conditions in Subsection 100.01. This bond will cover all Lessee’s Leases and operations carried on under all Geothermal Resource Leases issued and outstanding to Lessee by the Board at any given time during the period when the “statewide” bond is in effect. The amount of such bond will be equal to the total of the requirements of the separate bonds being combined into a single bond.(7-1-25)

03.Period of Liability. The period of liability for a bond will not be terminated until all Lease terms and conditions have been fulfilled and the bond is released in writing by the Department.(7-1-25)

04.Operator Bond. If suit is filed to enforce the terms of a bond furnished by an Operator in which the Lessee (if a different Person) is not a named party, the Department may, in its sole discretion, join the Lessee as a party to such suit.(7-1-25)

IDAPA 20.03.15.101 Liability Insurance

01.Liability Insurance Required.

Lessee is required to purchase and maintain suitable insurance for the duration of the Lease. The insurance must be obtained prior to entry upon the leased lands for purposes other than Casual Exploration or inspection.(7-1-25)

02.Insurance Certificate Required. No work under a Lease will commence prior to the Department’s receipt of a certificate, signed by a licensed insurance agent, evidencing existence of insurance as required above. The certificate must reflect that no change or cancellation in such coverage will become effective until after the Department receives written notice of such change or cancellation.(7-1-25)

IDAPA 20.03.15.102 (Reserved)

IDAPA 20.03.15.105 Title

The state of Idaho does not warrant title to the leased lands, the Geothermal Resources, nor Associated By-Products that may be discovered thereon. The Lease is issued only under such title as the state of Idaho may have as of the Lease’s effective date or has thereafter acquired. If the interest owned by the state in the leased lands includes less than the entire interest in the Geothermal Resources and Associated By-Products for which royalty is payable, then the royalties provided for in the Lease will be paid to the state only in the proportion that its interest bears to said whole and undivided interest in said Geothermal Resources and Associated By-Products for which royalty is payable.

The state is not liable for any damages sustained by the Lessee nor is the Lessee entitled to, nor may claim any refund of rentals or royalties paid to the state in the event that the state does not own title to said Geothermal Resources and Associated By-Products, or if its title thereto is less than whole and entire.(7-1-25)

IDAPA 20.03.15.106 (Reserved)

IDAPA 20.03.15.112 Rental Notices

Failure to receive an advance notice of rental due does not relieve the Lessee from paying the rental. The Lease will be in default if such payment is not made.(7-1-25)

IDAPA 20.03.15.113 Outstanding Leases

No right to seek, obtain, or use Geothermal Resources has passed, or w ill pass, with any existing or future license, permit, or lease of State Lands, including without limitation, mineral leases and oil and gas development leases, except upon a Geothermal Resources Lease being issued.(7-1-25)

IDAPA 20.03.15.114 (Reserved)

IDAPA 20.03.15.120 Fees

The following fees apply:(3 -18-22)

01.Non-Refundable Application Fee for Lease. Two hundred fifty dollars ($250) per application.

02.Application Fee for Approval of Assignment. One hundred fifty dollars ($150) per lease involved in the assignment.(3-18-22)

IDAPA 20.03.15.121 (Reserved)

20.03.17 Rules Governing Leases On State-Owned Navigable Waterways

IDAPA 20.03.17.000 Legal Authority

This Chapter is adopted under the legal authorities of Title 58, C hapter 1, Idaho Code, Sections 58-104(6), 58-104(9), and 58-105; Title 58, Chapter 3, Idaho Code, Sections 58-304 through 58-312; Title 58, Chapter 6, Idaho Code; Title 58, Chapter 12; and Title 67, Chapter 52, Idaho Code.(3-30-23)

IDAPA 20.03.17.001 Scope

01.Scope.

These rules govern the issuance of leases on state-owned navigable waterways. While the State asserts the right to issue leases for all encroachments, navigational or non-navigational, upon, in or above the beds or waters of navigable lakes and rivers, nothing in these rules may be construed to vest in the state of Idaho any property, right or claim of such right to any private lands lying above the natural or ordinary high water mark of any navigable lake or river.(3-30-23)

02.Rules Applicable To All Existing And Proposed Uses And Encroachments. These rules apply to all existing and proposed uses and encroachments, whether or not authorized by permit under the Lake Protection Act, Title 58, Chapter 13, Idaho Code, or the Stream Channel Protection Act, Title 42, Chapter 38, Idaho Code. These rules provide that a lease may be required in addition to existing permits. See Section 020 of these rules for information about exceptions to lease requirements. (3-30-23)

IDAPA 20.03.17.002 (Reserved)

IDAPA 20.03.17.010 Definitions

01.Board.

The Idaho State Board of Land Commissioners or its designee.(3-30-23)

02.Commercial Marina. A commercial navigational encroachment whose primary purpose is to provide moorage for rental or for free to the general public.(3-30-23)

03.Commercial Navigational Encroachment. A navigational encroachment used for commercial purposes.(3-30-23)

04.Community Dock. A structure that provides private moorage for more than two (2) adjacent littoral owners, or other littoral owners possessing a littoral common area with littoral rights including, but not limited to, homeowners’ associations. No public access is required for a community dock.(3-30-23)

05.Department. The Idaho Department of Lands or its designee.(3-30-23)

06.Director. The director of the Idaho Department of Lands or his designee.(3-30-23)

07.Dock Surface Area. Includes docks, slips, piers, and ramps and is calculated in square feet. Dock surface area does not include pilings, submerged anchors, or undecked breakwaters.(3-30-23)

08.Encroachments in Aid of Navigation. Includes docks, piers, jet ski and boat lifts, buoys, pilings, breakwaters, boat ramps, channels or basins, and other facilities used to support water craft and moorage on, in, or above the beds or waters of a navigable lake, river or stream. The term “encroachments in aid of navigation” is used interchangeably with “navigational encroachments.”(3-30-23)

09.Encroachments Not in Aid of Navigation. Includes all other encroachments on, in, or above the beds or waters of a navigable lake, river or stream, including landfills, bridges, utility and power lines, or other structures not constructed primarily for use in aid of navigation. It also includes float homes and floating toys. The term “encroachments not in aid of navigation” is used interchangeably with “non-navigational encroachments.”

10.Market Value. The most probable price at a specified date, in cash, or on terms reasonably equivalent to cash, for which the property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.(3-30-23)

11.Natural or Ordinary High Water Mark. The line that the water impresses upon the soil by covering it for a sufficient period of time to deprive the soil of its vegetation and destroy its value for agricultural purposes. If, however, the soil, configuration of the surface, or vegetation has been altered by man’s activity, the ordinary high water mark is located where it would have been if the alteration had not occurred.(3-30-23)

12.Person. An individual, corporation, partnership, limited liability company, association, trust, unincorporated organization or other legal entity qualified to do business in the state of Idaho and any federal, state, tribal, or municipal unit of government.(3-30-23)

13.Riparian or Littoral Rights. The rights of owners or lessees of land adjacent to navigable lakes, rivers or streams to maintain their adjacency to the lake, river, or stream and to make use of their rights as riparian or littoral owners or lessees in building or using aids to navigation but does not include any right to make any consumptive use of the waters.(3-30-23)

14.Single-Family Dock. A structure providing noncommercial moorage that serves one (1) waterfront owner whose waterfront footage is no less than twenty-five (25) feet.(3-30-23)

15.State-Owned Navigable Waterways and Navigable Waterways. As used in these rules, the beds of all navigable waterways up to the natural or ordinary high water mark as of the date Idaho was admitted into statehood. This includes any such bed that was formerly submerged and subsequently filled and is now uplands because of human activity (e.g., dikes, berms, jetties) or by natural processes, and includes islands within navigable waterways resulting from human activity or by natural processes.(3-30-23)

16.Submerged Lands. The state-owned beds of navigable lakes, rivers, and streams below the natural or ordinary high water marks.(3-30-23)

17.Temporary Permit. A revocable instrument authorizing a specific use on navigable waterways usually issued for five (5) years or less, but that may be issued for up to ten (10) years.(3-30-23)

18.Two-Family Dock. A structure providing noncommercial moorage that serves two (2) adjacent waterfront owners having a combined waterfront footage of no less than fifty (50) feet. Usually the structure is located on the common littoral property line.(3-30-23)

19.Uplands. The land bordering on navigable waterways.(3-30-23)

IDAPA 20.03.17.011 (Reserved)

IDAPA 20.03.17.020 Applicability

Leases are required for all encroachments defined in subsections 010.08 and 010.09 that are above, across, over, in, through, upon, and under the beds of navigable waterways except:(3-30-23)

01.Single -Family Docks. Single-family docks constructed:(3-30-23)

a.On or before July 1, 1993, that occupy less than eleven hundred (1,100) square feet of dock surface area, and for which all required permits and approvals have been obtained.(3-30-23)

b.After July 1, 1993, that occupy less than seven hundred (700) square feet of dock surface area, and for which all required permits and approvals have been obtained.(3-30-23)

02.Two-Family Docks. Two-family docks that occupy less than eleven hundred (1,100) square feet of dock surface area, and for which all required permits and approvals have been obtained.(3-30-23)

3. Noncommercial Encroachments Free to the Public. Noncommercial encroachments owned by any municipality, county, state, or federal agency for which the complete use is offered free to the public. (3-30-23)

04.Temporary Permits or Easements. Uses or encroachments that are customarily authorized by temporary permits or easements, such as roads, railroads, overhead utility lines, submerged cables, and pipelines.

Information on easements can be found in IDAPA 20.03.09, “Easements on State-Owned Navigable Waterways.”

IDAPA 20.03.17.021 (Reserved)

IDAPA 20.03.17.025 Policy

01.Policy of the State of Idaho.

It is the policy of the state of Idaho to regulate and control the use and disposition of the beds of navigable waterways so as to provide for their commercial, navigational, recreational or other public use; provided that the Board will take no action in derogation of or seeking to interfere with the riparian or littoral rights of upland landowners.(3-30-23)

02.Director May Grant Leases. The Director may grant leases for uses that are in the public interest and consistent with these rules.(3-30-23)

03.Requests or Inquiries Regarding Navigability. The State owns the beds of all lakes, rivers, and streams that were navigable in fact at statehood. Information about lakes, rivers, and streams deemed navigable by the State of Idaho is available from the Department.(3-30-23)

04.Stream Channel Alteration Permit or Encroachment Permit. Issuance of a lease is contingent upon the applicant obtaining a stream channel alteration permit if required by the Idaho Department of Water Resources, pursuant to Title 42, Chapter 38, Idaho Code, or an encroachment permit if required by the Department pursuant to the Lake Protection Act, Title 58, Chapter 13, Idaho Code.(3-30-23)

05.Submerged Lands Lease Required Upon Notification. All persons using submerged lands in a manner that requires a submerged land lease must obtain such a lease from the Director when notified to do so.

06.Term of Lease, Renewal of Lease. Leases are issued for a term of ten (10) years or as determined by the Board. Leases may be renewed for additional periods as determined by the Department based upon satisfactory performance during the present term. Renewals will be processed with a minimum of procedural requirements and will not be denied except in the most unusual circumstances or noncompliance with the terms and conditions of the previous lease. A lease application fee is required for leases that are renewed upon expiration. Lease renewals are initiated by the Department.(3-30-23)

07.Rights Granted. The lease grants only such rights as are specified in the lease. The right to use the navigable waterways for all other purposes that do not interfere with the rights authorized in the lease remains with the state.(3-30-23)

08.Waiver of Lease Requirements. The Director may, in his discretion, waive lease requirements for single-family or two-family dock encroachments whose dock surface areas exceed square footages described in Subsections 020.01 through 020.02 of these rules when the additional dock surface area square footage is necessary to gain or maintain access to water of sufficient depth to sustain dock use.(3-30-23)

09.Private Moorage at Commercial Marinas.(3-30-23)

a.This Subsection does not apply to community docks.(3-30-23)

b.Private moorage at commercial marinas is allowed as long as the requirements of IDAPA 20.03.04.015.03 are met.(3-30-23)

c.The sale, lease, or rental of private moorage is not an encumbrance on navigable waterways. All transactions related to private moorage are subject to the submerged lands lease’s terms.(3-30-23)

d.Acqu isition of private moorage must be documented with a disclosure that the transaction does not convey navigable waterways and only conveys the right to use the designated portion of the marina.(3-30-23)

e.The Department does not regulate the cost of private moorage or resolve disputes between a marina and private moorage owners.(3-30-23)

IDAPA 20.03.17.026 (Reserved)

IDAPA 20.03.17.030 Lease Application, Fee, and Procedure

01.Fee.

The non-refundable lease application fee is four hundred twenty-five dollars ($425) for new and existing encroachments.(3-30-23)

02.Application to Lease and Fee. The lease application and fee must be submitted with the following information, in sufficient detail for the Department to determine an appropriate lease rate:(3-30-23)

a.A completed application form.(3-30-23)

b.A scale drawing of the proposed lease area with plans detailing all intended improvements, including reference to the nearest known property corner(s). An encroachment or stream channel alteration permit may satisfy this requirement.(3-30-23)

03.Notification of Approval or Denial. The Department will notify the applicant in writing if the lease application is approved or denied, and if any additional requirements will be included.(3-30-23)

IDAPA 20.03.17.031 (Reserved)

IDAPA 20.03.17.035 Rental

Rental rates for submerged land leases are set by Board policy , which is available on the Department website at http:/ /www.idl.idaho.gov/.(3-30-23)

01.Standardized Rental Rates. The Board sets standard submerged land lease rental rates for common uses such as commercial marinas, community docks, float homes, restaurants, and retail stores. Rental rates for commercial marinas and other uses that produce revenue for the lessee will commonly be calculated as a percentage of gross receipts, however, other methods may be used as the Board deems appropriate.(3-30-23)

02.Nonstandard Rental Rates. The Board directs the Department to use a percentage of market value or gross receipts, or other methods determined appropriate by the Board, as the submerged lands lease rental rate for non-navigational encroachments or other uncommon uses.(3-30-23)

IDAPA 20.03.17.036 Yearly Reporting

01.Annual Report. Less ees must provide an annual report to the Department that includes: (3-30-23)

a.A schedule of moorage rental rates, including moorage sizes and types.(3-30-23)

b.The number and size of all public boat and float home moorages.(3-30-23)

c.The number and size of all private boat and float home moorages.(3-30-23)

d.Current proof of insurance as required by the lease.(3-30-23)

02.Failure to Report. Failure to provide the annual report information is a violation of these rules.

IDAPA 20.03.17.037 (Reserved)

IDAPA 20.03.17.040 Late Payment

01.Late Payment of Rent.

Rent not paid by the due date is considered late and will result in the following monthly charges.(3-30-23)

a.A late charge of $25.00 or 1% of the unpaid principal obligation, whichever is greater.(3-30-23)

b.An interest charge of 1% on the unpaid principal obligation.(3-30-23)

02.Late Charge Accrual. The Department will send monthly statements with the outstanding balance that will remain on the account and will continue to accrue late charges and interest each month, or any portion of a month, until the balance is paid in full. All payments will be applied first to accrued interest and late charges, and then to principal.(3-30-23)

IDAPA 20.03.17.041 (Reserved)

IDAPA 20.03.17.045 Appraisal Procedures

Appraisals may be used to determine the market value of adjacent uplands for calculating submerged lease rental rates. An appraisal will be conducted by a licensed appraiser selected by the Department, although the applicant may propose an appraiser to the Department. The Department will provide appraisal instructions. The appraisal will be performed in a timely manner, and a copy sent to the Department and the applicant. The expense of the appraisal will be borne by the applicant.(3-30-23)

IDAPA 20.03.17.046 (Reserved)

IDAPA 20.03.17.050 Lease Amendment

01.Encroachment Amendment.

A lease amendment must first be authorized through a lake encroachment or stream alteration permit or permit amendment, if required.(3-30-23)

02.Amendment of Existing Lease. Amendment of an existing lease will be processed in the same manner as a new lease application, but no fee will be required. Amendment includes change of use, location, size or scope of the lease site, but does not include ordinary maintenance, repair or replacement of existing structures or facilities.(3-30-23)

03.Modification of Interior Facilities. If the proposed changes to a facility do not require a new encroachment permit, a lease amendment may still be needed as described in Subsection 050.02 of these rules. The lessee must give written notice to the Department at least ten (10) days in advance of making such changes. The Department will determine if a lease amendment is needed due to the proposed changes. When requested, the lessee must also furnish one (1) set of as-built plans to the Department within thirty (30) days following completion of changes.(3-30-23)

IDAPA 20.03.17.051 (Reserved)

IDAPA 20.03.17.055 Assignments, Assignment Fee

01.Assignment of Lease.

Leases may be assigned upon approval of the Director provided that the lease conforms with Subsection 025.02 and all other provisions of these rules. The assignor and assignee must complete the Department’s standard assignment form and forward it to any Department office.(3-30-23)

02.Assignment Fee. The assignment fee is two hundred dollars ($200).(3-30-23)

03.Permit Assignment. The encroachment permit/stream alteration permit pertinent to a lease must be assigned to a purchaser simultaneously with a lease assignment. A lease assignment will not be approved unless the permit is assigned.(3-30-23)

04.Approval Required for Assignment. An assignment is not valid until it has been approved by the Director.(3-30-23)

IDAPA 20.03.17.056 (Reserved)

IDAPA 20.03.17.060 Cancellation and Additional Remedies

01.Cancellation of Lease for Violation of Terms. Any violation of the lease by the lessee, including non-payment of rent or any violation by lessee of any rule now in force or hereafter adopted by the Board may subject the lease to cancellation. The Department will provide the lessee with written notification specifying the violation, corrective action necessary, and a reasonable time to make the correction. If the corrective action is not taken within the specified time, the Department will notify the lessee of cancellation of the lease no later than thirty (30) days prior to the cancellation’s effective date.(3-30-23)

02.Lease Reinstatement. A lease may be reinstated within ninety (90) days after cancellation for nonpayment by paying the rental, plus interest, and a reinstatement fee to be determined by the Board.(3-30-23)

03.Cancellation of Lease for Use Other Than Intended Purpose.

A lease not used for the purpose for which it was granted may be canceled. The Department will notify the lessee in writing of any proposed cancellation. The lessee has thirty (30) days to reply in writing to the Department to show cause why the lease should not be canceled. Within sixty (60) days, the Department will notify the lessee of the Department’s decision in writing.

The lessee has thirty (30) days to appeal an adverse decision to the Director.(3-30-23)

04.Removal of Improvements Upon Cancellation. Upon cancellation, the Director will provide the lessee with a specific amount of time, not to exceed six (6) months from the date of final notice, to remove any facilities and improvements. Failure to remove any facilities or structures within such time period established by the Director will be deemed a trespass on navigable waterways.(3-30-23)

05.Additional Remedies Available. In addition to termination of the lease for the material default of the lessee, the lease may provide for other remedies to non-monetary breach of the lease including, but not limited to:

a.Civil penalties as determined by the Board and to be collected as additional rent;(3-30-23)

b.The reasonable costs of remedial action undertaken by the Department as a result of the lessee’s failure to perform a requirement of the lease. These costs will be collected as additional rent; and(3-30-23)

c.Such other remedies as the Board deems appropriate.(3-30-23)

IDAPA 20.03.17.061 (Reserved)

IDAPA 20.03.17.065 Bond

01.Bond Requirement Determined by Director. Bond s may be required for commercial navigational, community dock, and nonnavigational leases. The need for bond will be at the discretion of the Director, who will consider the potential for abandonment of the facility, harm to state-owned submerged land and water resources, the personal and real property of adjacent upland owners and the personal and real property owned by the encroachment owner that is appurtenant to and supportive of the encroachment.(3-30-23)

02.Performance Bond. In the event a bond is necessary, the lessee must submit a performance bond in favor of the state of Idaho and in a format acceptable to the Director before a lease is issued. Acceptable bonds include surety, collateral, and letters of credit. The amount of bond is the estimated cost of restoration as established by the Director in consultation with the lease applicant on a case by case basis. To determine restoration costs, the Director may consider the potential for damage to land, to improvements, and the cost of structure removal.

IDAPA 20.03.17.066 (Reserved)

IDAPA 20.03.17.075 Other Rules and Laws

The lessee must comply with all applicable state, federal, and local rules and laws insofar as they affect the use of the lands described in the lease.(3-30-23)

IDAPA 20.03.17.076 (Reserved)

20.04.02 Rules Pertaining to the Idaho Forestry Act and Fire Hazard Reduction Laws

IDAPA 20.04.02.000 Legal Authority

This chapter is adopted under the legal authority of Section s 38-132, 38-402, 58-105, and 67-5201 et seq., Idaho Code.(7-1-25)

IDAPA 20.04.02.001 Title and Scope

These rules are titled IDAPA 20.04.02, “Ru les Pertaining to the Idaho Forestry Act and Fire Hazard Reduction Laws” and implement the provisions of Title 38, Chapters 1 and 4, Idaho Code. They provide for Hazard Management Agreements and Contracts and provide for burning requirements and Slash Hazard Reduction standards associated with cutting timber or other Forest Products. They also provide for release or continuation of Contractor liability for wildfire suppression costs.(7-1-25)

IDAPA 20.04.02.002 (Reserved)

IDAPA 20.04.02.010 Definitions

The terms Fire Warden, Forest Land, Forest Products, Person, and State are defined in Section 38-101, Idaho Code. In addition to the definitions set forth in the Idaho Forestry Act and IDAPA 20.04.01, the following definitions apply to these rules:(7-1-25)

01.Agreement. The Certificate of Compliance-Fire Hazard Management Agreement under Section 38-122, Idaho Code (Fire Management Handbook 715 Att. 1).(7-1-25)

02.Clearance. The Certificate of Clearance (Fire Management Handbook 760 Att. 1), required by law, which states the Contractor has met the terms of Section 38-122, Idaho Code.(7-1-25)

03.Contract. An optional Hazard Management Contract entered into with the Director by any landowner or Operator, under Section 38-404, Idaho Code, where the Department assumes the responsibility for management of the fire hazard in exchange for a fee.(7-1-25)

04.Contract Area. The legal description of the land given on the Agreement or Contract.(7-1-25)

05.Contractor. The Person who enters into the Agreement.(7-1-25)

06.Department. The Idaho Department of Lands.(3-18-22)

07.Director. The Director of the Idaho Department of Lands or their designee.(7-1-25)

08.District. A designated forest protective district under Section 38-110 Idaho Code.(7-1-25)

09.Fire Line. A break in fuel scraped or dug to mineral soil to control a fire.(7-1-25)

10.Fire Management Handbook. A policy document which describes procedures and forms the Department uses to administer these rules.(7-1-25)

11.Fuel. Any Slash or woody debris that contributes to the spread or intensity of a wildfire.(7-1-25)

12.Fuel Break. An area in which all Fuel is removed or piled and burned.(7-1-25)

13.Hazard Points. A metric used by the Department to compute the fire hazard rating for Slashing Areas based on Hazard Reduction, site characteristics, and other protective measures that may reduce the spread or intensity of a wildfire.(7-1-25)

14.Hazard Reduction. The burning or physical reduction of fire hazards by treatment to reduce the spread or the intensity of a wildfire.(7-1-25)

15.Initial Purchaser or Purchaser. The first Person to purchase a Forest Product after it is harvested.

16.Operational Period. A standard twelve (12) hour fire control shift.(3-18-22)

17.Prescribed Fire. The controlled application of fire to wildland fuels, in either their natural or modified state, under conditions of weather, fuel moisture, and soil moisture, that allow the fire to be confined to a predetermined area while producing the intensity of heat and rate of spread required to meet planned objectives.

18.Slash or Slashing. Brush, severed limbs, poles, tops and/or other waste material incident to such cutting or clearing of land, which are four (4) inches and under in diameter. However, to correspond with standard fire classifications, for these rules, Slash only includes material three (3) inches or less in diameter.(7-1-25)

19.Slashing Areas. Areas where sufficient flammable material to constitute a menace to life or property remains on the ground after cutting trees or brush preparatory to clearing, or after cutting Forest Products.

20.Slash Load. Slash resulting from timber harvesting under a current Agreement, exclusive of natural mortality.(7-1-25)

IDAPA 20.04.02.011 Abbreviations

01.FMH. Fi re Management Handbook.(7-1-25)

IDAPA 20.04.02.012 (Reserved)

IDAPA 20.04.02.030 Certificate of Compliance-Fire Hazard Management Agreement

01.Contents.

A Certificate of Compliance-Fire Hazard Management Agreement must be obtained before any Person may harvest Forest Products or potential Forest Products. The Agreement provides options to enter into a Contract or for posting a cash or surety bond to the State. The Agreement is described in FMH 715.(7-1-25)

02.Period of Time. The period defined by the Agreement is based on the size of the Contract Area, the volume of the timber to be harvested, and the silvicultural objectives of the landowner. In no case may a single Agreement exceed a period of twenty-four (24) months unless the Contractor submits, and the Fire Warden approves, a written hazard management plan for the timely abatement of the hazard during a longer period.(7-1-25)

03.Extensions. If a Contractor cannot meet the standard required to obtain a Clearance within the period specified in the Agreement, they may apply to the Fire Warden for an extension. The application must be in writing, received at the Fire District office thirty (30) working days before the Agreement expires, and show good reason as to why an extension is necessary (other than financial hardship). Prior to the Agreement’s expiration date, the Fire Warden will grant or deny the request with a form from FMH 715.(7-1-25)

04.Responsibility. The Contractor named in the Agreement is responsible for managing the fire hazard created by the harvesting and will receive the Clearance if the requirements of Section 120 are met or will carry the liability for suppressing wildfire for five (5) full years following the expiration of the Agreement. (7-1-25)

IDAPA 20.04.02.031 (Reserved)

IDAPA 20.04.02.040 Addendum to Agreement for Partial Hazard Reduction

When a Contractor intends to only pile, but not dispose of or physically treat the Slash Load, an addendum to the Agreement must be executed that precisely specifies the portion of hazard reduction monies to be refunded. The addendum is executed with a form in FMH 715.(7-1-25)

IDAPA 20.04.02.041 (Reserved)

IDAPA 20.04.02.050 Bond

01.Amount of Bond.

The bond specified in Section 38-122, Idaho Code, will be in the amount of four dollars ($4) per thousand board feet (MBF), or equivalent measure as shown in Table I below, of Forest Products harvested and may be: cash; surety bond; or irrevocable letter of credit. Surety bonds must be on forms provided by Department.(7-1-25)

02.Rates. Rates and amounts listed in Table I are used as a minimum in calculating hazard reduction bonds for Forest Products cut from all state and private lands in Idaho.

03.Exceeding Minimum Bond. The minimum bond rate is only exceeded when the landowner or Operator requests that higher rate to accomplish additional Hazard Reduction.(7-1-25)

IDAPA 20.04.02.051 (Reserved)

IDAPA 20.04.02.060 Contracts for Assumption of Hazard Management Responsibility

Forest landowners and Operators who engage in commercial Forest Operations m ay enter into an optional Contract.

Under the terms of the Contract, the Director may assume all responsibility for the management and reduction of fire hazards created in return for a stipulated amount to be paid to the Director. Any optional Contract must be on forms provided by the Department.(7-1-25)

IDAPA 20.04.02.061 (Reserved)

IDAPA 20.04.02.070 Contractor Cash Bond Release to the Director

Contractors that elect, under Section 38-122, Idaho Code, to have hazard reduction money withheld but do not intend to dispose of the hazard themselves, must release the withheld monies to the Director. The release is on a form in FMH 761.(7-1-25)

IDAPA 20.04.02.071 (Reserved)

IDAPA 20.04.02.080 Added Protection in Lieu of Hazard Reduction

TABLE I

PRODUCT BOND RATE

(1) MBF Measurement All Products$4.00 MBF OR (2) Other Measurement Green pulp, stud timber, etc.$2.00 Cord Lineal Foot Measure Utility poles and pilings, all species $.014 LF Stulls, corral poles, cellar timbers,  fence rails, round posts $.01 LF Piece Measure 100 inch bolt material$.08 ea.

Split posts$.02 ea.

Tree stakes$.02 ea.

Shake boards$.02 ea.

Ton Measurement Green or Dead Pulp, Chips, etc.$.70 Ton Fire hazard management methods may include additional protective measures in lieu of actual disposal of the Slash hazard. Any funds coming into District hazard management accounts through Contract, cash bond release, or forfeiture may be used for added protection provided that the expenditure meets specifications outlined in Section 38- 401, Idaho Code.(7-1-25)

IDAPA 20.04.02.081 (Reserved)

IDAPA 20.04.02.090 Duties of the Initial Purchaser of Forest Products

01.Initial Purchaser. In itial Purchasers of Forest Products must withhold, and remit to the State, hazard reduction monies according to the hazard option chosen by the Contractor in the Agreement. The option must be clearly identified on the Purchaser’s copy of the Agreement. Hazard reduction monies withheld in any one (1) calendar month must be remitted to the Director on or before the end of the next calendar month. The remittance may be on Hazard Reduction Payment Record (FMH 705) or in a report with the same information.(7-1-25)

02.Duty of Initial Purchaser. Initial Purchasers of Forest Products must make certain that all Contractors from whom they purchase Forest Products have obtained a proper Agreement.(7-1-25)

IDAPA 20.04.02.091 (Reserved)

IDAPA 20.04.02.100 Injunction Against Further Cutting Without an Agreement

Any Person who cuts timber or other Forest Products of an y kind, without first obtaining an Agreement, may be enjoined from further cutting and will be required to immediately dispose of all Slash created. If the Person fails to properly dispose of the Slash within thirty (30) days after receiving notification, the State may dispose of the Slash and the costs of disposal, plus twenty percent (20%) as a penalty, may be collected as a prior lien against the Forest Products harvested.(7-1-25)

IDAPA 20.04.02.101 (Reserved)

IDAPA 20.04.02.110 Requirements for Prescribed Fire in Forest Land

01.Burning. Burni ng for Forest Operations must be planned, prepared, and executed in a way that protects forest resources and maintains air quality (Title 38, Chapter 13 Idaho Code and IDAPA 20.02.01), controls smoke, and complies with air quality requirements (IDAPA 58.01.01.)(7-1-25)

02.Burn Plans. Burning within specifically designated blocks or areas of Forest Land at any time must be conducted under a prescribed burn plan approved by the Fire Warden of the District’s Fire Warden in which the burn occurs.(7-1-25)

a.For piled Slash burning, the District Fire Warden will provide a burn plan with the Agreement.

b.For other burning, the Contractor must submit to the District Fire Warden a detailed prescription for executing the burn.(7-1-25)

03.Burn Crew. A Person conducting burning operations must have a permit, when required, and sufficient people, tools, and equipment on hand to immediately stop the uncontrolled spread of any fire.(7-1-25)

IDAPA 20.04.02.111 (Reserved)

IDAPA 20.04.02.120 Standards for Hazard Reduction

01.Purpose.

It is the policy of the State that the fire hazard created by commercial timber harvest be reduced by Slash disposal or physical treatment. This Section provides standards for Hazard Reduction.(7-1-25)

02.Reduction of Total Hazard Points. The Contractor’s Forest Operation must achieve a Hazard Point total of five (5) points or less through disposal, treatment and other protective measures on or before the Agreement’s expiration date to receive a release of liability against any fires that originate in or pass through any Slashing Area and to receive a refund of hazard reduction monies or to clear any demands that might be made against the surety bond (as stipulated in Sections 130 and 150). The District’s Fire Warden, where the Slashing Areas are located, will use Hazard Point values from the Hazard Reduction, site characteristics, and other protective measures tables shown below to compute the Hazard Rating. If the Operating Area has more than one Slashing Area and the Slashing Areas are topographically unique or separated by uncut timber, each Slashing Area may be audited independently. Detailed example Slash Loads and computations are provided in FMH 760.(7-1-25)

a.Slash Load Technical Specifications.

Slash Loads can be determined by using any standard photo series appropriate for the habitat type represented by the Slashing Area or by using USDA Forest Service General Technical Report INT-16, 1974 (HANDBOOK FOR INVENTORYING DOWNED WOODY MATERIAL). If the Contractor insists upon the latter, sampling intensity will be one (1) sample per two (2) acres through the Slashing Areas in question. The inventory cost is paid by the Contractor. All Slash resulting from the current harvest is included in the inventory except Slash piled and burned by the Contractor before the expiration date of the Agreement or granted extension.(7-1-25)

b.Contractor Hazard Reduction Methods. Hazard Point deductions can be assigned proportionate to the acreage completed using the table below. Fire Lines are a minimum width of eighteen (18) inches for hand constructed and ten (10) feet for machine constructed. Machine constructed lines should not exceed twelve (12) feet width. Clear all Fuels for a minimum of eight (8) feet adjacent to handlines. Displace soil to one side and all vegetative debris to the other for machine lines. Place Fuel Breaks and Fire Lines to take advantage of terrain (ridgelines, swales, etc.), manmade or natural barriers (roads, skid trails, escarpments, etc.), and provide optimum fire control effect. Tie lines to an anchor point except through a riparian management zone.

TABLE II - SLASH LOAD TECHNICAL SPECIFICATIONS

HAZARD RATING

(POINTS)

SLASH LOAD

LOW (0-5)Slash Load does not exceed three (3) ton per acre.

MODERATE (6-10)Slash Load is between three (3) ton per acre and six (6) ton per acre.

HIGH (11-15)Slash Load is between six (6) ton per acre and twelve (12) ton per acre.

EXTREME (16-20)Slash Load is greater than twelve (12) ton per acre.

MethodDESCRIPTION HAZARD POINT RANGE DisposalRemove, pile and burn, or broadcast burn Slash.0 to 42 ChippingChip Slash with a stationary or mobile chipper.0 to 42 Crushing or Mastication Crush Slash with repeated passes of heavy equipment or a mobile masticator.

Residual Fuel must not exceed the height and diameter limits for lopping. 0 to 20 Lopping Cut all material less than three (3) inches in diameter so it does not extend more than twenty (20) inches of the mean height above the ground.

Sever all boles greater than three (3) inches in diameter that intersect another bole. 0 to 10 Single Fuel Break Remove, pile and burn or treat sufficiently all Slash and woody debris for a minimum width of one chain (66 feet). 1 to 5

03.Site Characteristics. The Fire Warden will audit the Forest Operation and assign Hazard Points for site characteristics that increase risk of forest damage or threats to life or property.(7-1-25)

a.Slashing Area Size. Large Slashing Areas will be assigned up to five (5) Hazard Points using the table below.

b.Slashing Area Aspect and Slope. The Fire Warden will determine the predominant aspect and slope of each Slashing Area and assign up to ten (10) Hazard Points using the table below.

c.Pre-existing Slash. Any Slashing Area that has Slash from a previous operation, which has occurred within in the last five (5) years, will be assigned up to two (2) Hazard Points.(7-1-25)

d.Location. A Slashing Area’s proximity to structures, highways, and recreational areas will be assigned up to five (5) Hazard Points using the table below.

Single Fire Line Remove all vegetative material to expose mineral soil.1 Isolation Install Fuel Breaks and Fire Lines to divide or isolate Slashing Areas. (See Subsection 04.a.) 1 to 25 ACRES<4040-160161-320321-480481-640>640 PT VALUE012345 ASPECTPERCENT SLOPE 0-1011-2021-3031-4041-50>50 N to NE 001245 E or NW001367 W or SE012589 S to SW1247910 PROXIMITY 330 feet5 660 feet4 MethodDESCRIPTION HAZARD POINT RANGE

04.Other Protective Measures. The Fire Warden can consider other protective measures associated with a Forest Operation by reducing Hazard Points for division or isolation of Slashing Areas, access control, and availability of water for firefighting as follows:(7-1-25)

a.Isolation. The Fire Warden can reduce Hazard Points using the table below if Fuel Breaks or Fire Lines are used to subdivide Slashing Areas into smaller areas and/or isolate Slashing Areas from other forest stands; the maximum deduction is twenty-five (25) Hazard Points.

b.Access Control. The Fire Warden can deduct from the Hazard Point sum for each Slashing Area One (1) Hazard Point if a locked gate system controls road access on all secondary roads to the Operating Area and the Slash on the main road is disposed of or treated. Two (2) Hazard Points can be deducted if the system controls all roads into the Operating Area.(7-1-25)

c.Water Supply. The Fire Warden can deduct Hazard Points from the Hazard Point sum for each Slashing Area for water availability. The supply must provide at least ten thousand (10,000) gallons in any one (1)

Operational Period during the fire season. Water supplies accessible to fire engines within one (1) road mile or to helicopter buckets within three (3) air miles are eligible.(7-1-25)

i.One (1) Hazard Point can be deducted for availability to engines only or to helicopters only.

ii.Two (2) Hazard Points can be deducted for availability to engines and helicopters.(7-1-25)

iii.Two (2) Hazard Points can be deducted for availability to engines or helicopters and the supply 990 feet3 1320 feet2 2640 feet1 ACTIVITY FUEL BREAK ONLY FIRE LINE ONLY BOTH Slashing Areas are subdivided:

A. Partial division of Slashing Area 1-511-6 B. Slashing Area divided into 2 areas 6-1026-12 C. Slashing Area divided into 3 to 5 areas11-15311-18 D. Slashing Area divided into 6 or more areas16-20416-25 OR Slashing Areas are isolated from adjacent stands:

A. One third of Slashing Area boundaries isolated 1-511-6 B. Two thirds of Slashing Area boundaries isolated 6-1026-12 C. All Slashing Area boundaries isolated11-15311-18 PROXIMITY self-replenishes every Operational Period.(7-1-25)

iv.Three (3) Hazard Points can be deducted for availability to engines and helicopters and the supply self-replenishes every Operational Period.(7-1-25)

IDAPA 20.04.02.121 (Reserved)

IDAPA 20.04.02.130 Liability for the Cost of Fire Suppression

01.State Liability. Except for cases of negligence on the part of the landowner, Operator, or their agents, liability for the cost of suppressing fires that originate in or pass through a Slashing Area remains with the State if the Contractor executes one of the following alternatives:(7-1-25)

a.The Slashing Areas are covered by a Certificate of Compliance-Fire Hazard Management Agreement and all hazard reduction money payments are current or a proper bond is in place.(7-1-25)

b.The Contractor treats the Slash in accordance with the standards outlined in Section 120 within the period specified in the Agreement or approved extensions.(7-1-25)

c.The landowner or Operator elects to enter into a Contract with the State for management of the Slash and release from liability for fire suppression costs as described in Section 060.(7-1-25)

02.Contractor Liability. Should the Contractor choose to not treat the Slash or not enter into a Contract with the State in accordance with Section 060, the Contractor is liable for fire suppression costs for all fires that originate in or pass through the Contractor’s Slashing Areas and must forfeit any applicable bond. The Contractor retains the full liability for five (5) years from the time the Agreement or any extension expires, unless a Clearance is issued.(7-1-25)

03.Failure to Treat. Any Contractor who is liable under Subsection 130.02 is liable for the actual costs of suppressing any wildfire that originates in or passes through the Slashing Areas covered by their individual or separate Agreements for an amount up to two hundred fifty thousand dollars ($250,000) per Agreement, but no more than one million dollars ($1,000,000); for separate Agreements with different liable Contractors, the actual costs of suppression up to one million dollars ($1,000,000) will be shared by the Contractors prorated on the Contract Area acreage of those Agreements.(7-1-25)

04.Fees. Upon payment of the fees listed in Table III, the State will assume liability for the cost of suppressing fires that originate in or pass through the Contract Area.

Fee rates for measurement units other than the board foot unit are available upon request from any Department office.(7-1-25)

05.Additional Fee. If the Contractor is unable to reduce the Hazard Points on a Contract Area to the standards required for a Clearance, but has completed some Hazard Reduction work, the Contractor can discharge the remainder of the hazard obligation by returning a portion of the bond to the Fire District and paying an additional fee TABLE III - ADDITIONAL FEE TO TRANSFER LIABILITY BY HAZARD POINTS POINTS RATE 6-10$1.00/MBF 11-20$2.00/MBF 21-30$3.00/MBF >30$4.00/MBF to transfer liability. Use the following formula: [One (1) minus (the low hazard rating of five (5) divided by the residual, or untreated Hazard Points)] times the bond rate. This dollar amount is multiplied by the total volume removed from the Contract Area and added to the total volume times the additional fee to transfer liability (from Table III for the untreated hazard). When this amount is paid to the State the Agreement can be cleared. This computation is expressed as:

IDAPA 20.04.02.131 (Reserved)

IDAPA 20.04.02.140 Certificate of Clearance

Anyone who has entered into an Agreement must apply in writing to the Director for a Clearance. The Clearance certifies that one (1) of the following situations exists: Hazard Reduction was accomplished to the standards in Section 120; an additional fee was paid per Subsection 130.05; or the Contractor entered into a Contract with the Director per Section 060 to ensure hazard management. Within thirty (30) days of receipt of the request for Clearance, the Director will inspect the requested area and issue the Clearance, if the applicable requirements were

met.(7-1-25)

IDAPA 20.04.02.141 (Reserved)

IDAPA 20.04.02.150 Fire Suppression and Forest Practices Assessment

01.Withheld Hazard Reduction Money.

An amount of three percent (3%) of the bond rate (twelve cents ($.12)/MBF) is assessed against all hazard reduction money received and dedicated to suppression of wildfires on Forest Lands. For harvest from private land, an additional amount not to exceed three percent (3%) of the bond rate (twelve cents ($.12)/MBF) is assessed against hazard reduction money received and is dedicated to Forest Practices support on Forest Lands.(7-1-25)

02.Surety Bond or Credit. Assessment costs on Forest Operations covered by surety bond or irrevocable letter of credit or other form of bond is paid at the rate specified in Subsection 150.01.(7-1-25)

IDAPA 20.04.02.151 (Reserved)

IDAPA 20.04.02.160 Prelogging Conference and Hazard Management Contract

Pre-logging conferences are encoura ged. The Hazard Management Contract will be canceled or modified if significant operational changes occur during the Forest Operation harvesting.(7-1-25)

IDAPA 20.04.02.161 (Reserved)

Table 1 (1-(5/U)) * B * V + (A*V) = Formula to transfer liability for a partially completed job.

Where:

U = Untreated or residual hazard points B = Bond rate (usually $4.00 MBF) Ref. Section 050, Table I A = Additional fee to transfer liability, Table III V = Total volume removed from the Contract Areas

20.02.14 Rules for Selling Forest Products on State-Owned Endowment Lands

IDAPA 20.02.14.000 Legal Authority

This chapter is adopted under the legal authority of Section s 38-1201, et seq.; 58-104(6); 58-105; 67-5201, et seq.;

Idaho Code.(4-6-23)

IDAPA 20.02.14.001 Scope

These rules govern the selling of forest products from state endowment lands.(4-6-23)

IDAPA 20.02.14.002 (Reserved)

IDAPA 20.02.14.010 Definitions

01.Board.

The Idaho State Board of Land Commissioners.(4-6-23)

02.Contract. Timber sale contract in a form prescribed by the Department.(4-6-23)

03.Department. The Idaho Department of Lands.(4-6-23)

04.Development Credits. A stumpage credit received by the purchaser for road construction and improvements.(4-6-23)

05.Director. The director of the Idaho Department of Lands or his designee.(4-6-23)

06.Forest Products. Marketable forest materials.(4-6-23)

07.Net Appraised Value. The minimum estimated sale value of the forest products after deducting the development credit.(4-6-23)

08.Net Sale Value. The final sale bid value of the forest products after deducting the development credit.(4-6-23)

09.Purchaser. A successful bidder for forest products from a state sale who has executed a timber sale contract.(4-6-23)

IDAPA 20.02.14.011 (Reserved)

IDAPA 20.02.14.019 Firewood and Other Personal Use Product Permits

Forest product permits for personal use will be sold on a char ge basis. The Director will determine permit rates and maximum permit values.(4-6-23)

IDAPA 20.02.14.020 Direct Sales

The sale of forest products without advertisement may be auth orized by the Director if the net appraised value does not exceed the maximum value established by the Board. The duration of a direct sale is six (6) months. The purchaser must furnish an acceptable performance bond in the amount of thirty percent (30%) of the sale value with a minimum bond of one hundred dollars ($100).(4-6-23)

IDAPA 20.02.14.021 Timber Sales

Timber sales exceed the net appraised value or volume for direct sales established by the Board.(4-6-23)

IDAPA 20.02.14.022 (Reserved)

IDAPA 20.02.14.026 Annual Sales Plan

The Department’s annual sales plan will be presented to the Board for approval annually and upon approval made available to all interested parties. The plan may be altered to respond to changing market conditions or to expedite the sale of damaged or insect-infested forest products.(4-6-23)

IDAPA 20.02.14.027 (Reserved)

IDAPA 20.02.14.031 Timber Sale Auctions

01.Requirements.

Timber and Delivered Products sales must be sold at public auction.(4-6-23)

02.Requirements for Bidding. Bidders must:(4-6-23)

a.Present a bid deposit in a form acceptable to the State in the amount of ten percent (10%) of the net appraised value.(4-6-23)

b.Not be delinquent on any payments to the State at the time of sale.(4-6-23)

c.Not be a minor as defined in Section 32-101, Idaho Code.(4-6-23)

d.If a foreign corporation, have a completed and accepted foreign registration statement with the secretary of state and comply with Title 30, Chapter 21, Part 5, Idaho Code in order to do business in Idaho and be eligible to bid on and purchase State timber.(4-6-23)

IDAPA 20.02.14.032 Initial Deposit and Bonds

01.Initial Deposit.

The initial deposit (ten percent (10%) of net sale value) is paid in cash and retained by the state as a cash reserve for the duration of the contract; the purchaser is not entitled to any interest earned thereon. All or a portion of the initial deposit may be applied to charges as the contract nears completion. Any remaining initial deposit will be forfeited in the event the contract is terminated without being completed.(4-6-23)

02.Performance Bond. A bond of sufficient amount to ensure compliance with he terms and conditions of the sale contract or fifteen percent (15%) of the net sale value of the forest products (whichever is greater) must be executed within thirty (30) days from the date of sale and prior to contract execution. Failure to fully perform the contract may result in forfeiture of all or part of the performance bond.(4-6-23)

03.Payment Bond.

Prior to cutting any forest products, the purchaser must provide a bond acceptable to the Department as assurance of payment for products to be cut or removed, or both, within the succeeding ninety (90) days. The Department will determine the payment bond amount on delivered product sales. Failure to make full and timely payment per contract terms may result in forfeiture of all or a portion of the payment bond.(4-6-23)

IDAPA 20.02.14.033 (Reserved)

IDAPA 20.02.14.041 Stumpage and Interest Payment

The Department will prepare and forward to the purchaser a monthly stumpage summary of forest products measured during the prior month and a statement of account. The statement will include interest computed from the date of sale to the date of the billing at a rate specified in the contract. The purchaser must make payments within thirty (30) days of the end of the billing period or the payment is considered delinquent. Interest will not be charged on delivered product sales.(4-6-23)

IDAPA 20.02.14.042 Timber Sale Cancellation

It is the purchaser’s responsibility to initiate cancellation by sub mitting a written request to the applicable supervisory area office. Once the cancellation process has finished, any credit balances and all cash bonds will be returned and/or transferred to other timber sale accounts within forty-five (45) days, as requested by the purchaser.(4-6-23)

IDAPA 20.02.14.043 Premature Timber Sale Termination

01.Request.

A timber sale purchaser may, for reasons of hardship, make written request to terminate a timber sale contract before harvesting is completed. In such cases, the Board will determine if a hardship exists and if the contract should be terminated.(4-6-23)

02.Termination Policy.(4-6-23)

a.The Board may authorize premature termination of any sale under any terms considered reasonable and appropriate. Any remaining amount of the ten percent (10%) initial deposit will be retained in full and applied towards assessed damages and may not be used as payment for forest products cut and/or removed. Assessed damages in excess of the initial deposit will be applied against the performance bond.(4-6-23)

b.The following damages will be assessed by the Board for premature sale terminations. The Board will seek payment:(4-6-23)

i.Of the value of the overbid for the uncut residual volume. For example, if white pine had been bid up by five dollars ($5) per thousand board feet over the appraised price and there are one hundred thousand (100,000) board feet of white pine remaining on the sale area, the purchaser will be assessed five hundred dollars ($500) upon termination.(4-6-23)

ii.Of the accrued stumpage interest due the endowed institutions based on the interest rate specified in the contract and calculated on all remaining volume from the date of sale to the date the Board approved termination of the contract.(4-6-23)

iii.For any credits given for developments that remain incomplete at the time of termination. (4-6-23)

iv.For estimated Department costs associated with reoffering the timber sale.(4-6-23)

v.For other expenses including, but not limited to, legal costs and Department staff time.(4-6-23)

c.If logging has occurred on the sale, the purchaser must complete the units that have been partially logged according to contract standards and complete all development work as specified in the contract to the extent of allowances that have been credited to the purchaser.(4-6-23)

d.The purchaser who has terminated a timber sale contract is not eligible to rebid that particular sale unless specifically authorized to do so by the Board.(4-6-23)

IDAPA 20.02.14.044 (Reserved)

20.03.03 Rules Governing Administration of the Reclamation Fund

IDAPA 20.03.03.000 Legal Authority

These rules are promulgated by the Board under Sections 58-104 (6) and 58-105, Idaho Code, and Title 47, Chapter 18, Id aho 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)

IDAPA 20.03.03.001 Scope

These rules constitute the Department’s administrative procedures for implementation of the Act with the intent to provide an alternative form of financial as surance 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)

IDAPA 20.03.03.002 (Reserved)

IDAPA 20.03.03.010 Definitions

Except as provided in these rules, the Board adopts the definition s 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)

IDAPA 20.03.03.011 (Reserved)

IDAPA 20.03.03.016 Required Participants

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)

IDAPA 20.03.03.017 Ineligible Mines or Operators

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. Unreclaimed 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)

IDAPA 20.03.03.018 Acreage and Reclamation Cost Limitations

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)

IDAPA 20.03.03.019 Optional Participation

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)

IDAPA 20.03.03.020 Federal Agency Non-Acceptance of Reclamation Fund

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)

IDAPA 20.03.03.021 (Reserved)

IDAPA 20.03.03.026 Payment

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)

IDAPA 20.03.03.027 (Reserved)

IDAPA 20.03.03.031 Enforcement and Failure to Comply

01.Forfeiture. Prior to w ithdrawing 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)

IDAPA 20.03.03.032 Minimum Balance for the Reclamation Fund

The Board will determine a reasonable minimum balance for the Reclamation Fund.(7-1-24)

IDAPA 20.03.03.033 (Reserved)

20.03.05 Navigable Waterways Mineral Leasing in Idaho

IDAPA 20.03.05.000 Authority

These rules are promulgated by the Board pursuant to Title 47, Chapter 7, Idaho Code, and Title 58, Chapter 1, Idaho Code Section 58-104.(7-1-24)

IDAPA 20.03.05.001 Scope

01.Where Applicable.

These rules apply to the exploration and extraction of minerals and salable minerals from state-owned navigable waterways.(7-1-24)

02.Where Not Applicable. These rules do not apply to the exploration and leasing of geothermal resources covered by title 47, Chapter 16, Idaho Code, or to the exploration and leasing of oil and gas resources covered by Title 47, Chapter 8, Idaho Code.(7-1-24)

IDAPA 20.03.05.002 (Reserved)

IDAPA 20.03.05.010 Definitions

01.Board.

The Idaho State Board of Land Commissioners or its designee.(7-1-24)

02.Commercial. The type of operation that engages in the removal of salable minerals or uses suction dredges with an intake diameter larger than five inches (5”) or attendant power sources rated at greater than fifteen (15) horsepower and/or other motorized equipment.(7-1-24)

03.Department. The Idaho Department of Lands.(7-1-24)

04.Director. The Director of the Idaho Department of Lands or his designee.(7-1-24)

05.Natural or Ordinary High Water Mark. The line that the water impresses upon the soil by covering it for sufficient periods of time to deprive the soil of its vegetation and destroy its value for agricultural purposes. When the soil, configuration of the surface, or vegetation has been altered by human activity, the natural or ordinary high water mark will be located where it would have been if this alteration had not occurred.(7-1-24)

06.Person. An individual, corporation, partnership, limited liability company, association, trust, unincorporated organization, or other legal entity qualified to do business in the state of Idaho, and any federal, state, county, or local unit of government.(7-1-24)

07.River Mile. Five thousand two hundred eighty (5,280) feet of contiguous riverbed as measured along the approximate center of the river.(7-1-24)

08.State-Owned Navigable Waterways and Navigable Waterways. As used in these rules, the beds of all navigable rivers and lakes up to the natural or ordinary high water mark as of the date Idaho was admitted into statehood. This includes any such bed that was formerly submerged and subsequently filled, and is now uplands because of human activity (e.g., dikes, berms, jetties) or by natural processes, and includes islands within navigable waterways resulting from human activity or by natural processes.(7-1-24)

IDAPA 20.03.05.011 (Reserved)

IDAPA 20.03.05.015 Casual Exploration

01.Lands Open.

All beds of navigable waterways that have not been located, leased or withdrawn in accordance with statute or the terms of these rules, are free and open to casual exploration on a nonexclusive and first come basis.(7-1-24)

02.Equipment Limitations. Mining equipment for casual exploration that may occur prior to the filing of a location or lease application is limited to suction dredges with a five (5”) inch intake or less and powered equipment rated at fifteen (15) HP or less, or non-powered sluice equipment.(7-1-24)

03.No Approval for Casual Exploration Required. No written approval is required from the Director for casual exploration.(7-1-24)

04.Department of Water Resources Permits. Casual exploration requires a valid Stream Channel Alteration Permit issued by the Idaho Department of Water Resources.(7-1-24)

05.Lake Encroachment Permits. An encroachment permit pursuant to Title 58, Chapter 13, Idaho Code is required prior to any mineral exploration or extraction in a navigable lake.(7-1-24)

06.Department of Environmental Quality Permits. Suction dredging requires a valid general or individual permit issued under the Idaho Pollutant Discharge Elimination System.(7-1-24)

IDAPA 20.03.05.016 Exploration Locations

01.Lands Open.

The beds of navigable waterways that have not been located or withdrawn, or are not under application to lease, in accordance with statute or the terms of these rules, are available for exploration location; provided that salable minerals are not subject to exploration location. Details of exploration locations on state lands can be found in Title 47, Chapter 7, Idaho Code.(7-1-24)

02.Size of Location. Each exploration location is limited to one-half (1/2) mile in length on a navigable river or stream, or a 20-acre aliquot part on a navigable lake.(7-1-24)

03.Record Keeping Required. A locator must keep a record of all minerals recovered during exploration operations and must pay to the state a royalty of five percent (5%) of the gross value of the minerals recovered. Payment must be made each year with the filing of the assessment work report.(7-1-24)

04.When No Written Approval Required. No written approval is required from the Department for casual exploration in a navigable river on an exploration location. Casual exploration performed under a Stream Channel Alteration Permit does not serve to establish any basis for an exploration location.(7-1-24)

05.When Written Approval Required. Written approval is required from the Department prior to entry for operators conducting motorized exploration. Approved operations must be bonded as outlined in Subsection

IDAPA 20.03.05.040 02.(7-1-24)

IDAPA 20.03.05.017 (Reserved)

IDAPA 20.03.05.020 Riverbed Mineral Lease

01.Limitations on Suction Dredges. Op erators may not use suction dredges with an intake diameter larger than five inches (5”) or attendant power sources rated greater than fifteen (15) horsepower, except under lease.

(7-1-24)

02.Approval Required Before Operations. Prior to entry upon navigable waterways, operators are required to have written approval from the Department.(7-1-24)

03.Bonding. Approved operations must be bonded as outlined in Subsection 040.01.(7-1-24)

04.Simultaneous Filings. Two (2) or more lease applications received on the same date and hour, covering the same lands, are considered simultaneous filings. Simultaneous filings will be resolved by competitive bidding.(7-1-24)

IDAPA 20.03.05.021 (Reserved)

IDAPA 20.03.05.025 Public Notice and Hearing

01.Publication of Notice.

Upon receipt by the Board of an application to lease any lands that may belong to the state of Idaho by reason of being situated between the high water marks of navigable waterways, the Board will cause at the expense of the applicant, a notice of such application to be published once a week for two (2) issues in a newspaper of general circulation in the county or counties in which said lands described in said application are situated.(7-1-24)

02.Public Hearing. The Board may order a public hearing on an application if it deems this action is in the best interest of the public.(7-1-24)

03.Petition for Hearing. The Board or its authorized representative will hold a public hearing on the application, if requested in writing no later than thirty (30) days after the last published notice by ten (10) person whose lawful rights to use the waters applied for may be injured thereby, or by an association presenting a petition with signatures of not less than ten (10) such aggrieved parties; provided that the Board may order a public hearing in the first instance. The Board will consider fully all written and oral submissions respecting the application. (7-1-24)

IDAPA 20.03.05.026 (Reserved)

IDAPA 20.03.05.030 Rental and Royalty and Late Payments

01.Minimum Annual Rental.

The minimum annual rental is five hundred dollars ($500).(7-1-24)

02.Royalty Schedule. A royalty schedule for each commodity leased must be attached and made a part of the mineral lease.(7-1-24)

03.Late Payments. Rental or royalty not paid by the due date is 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)

04.Late Charge Accrual. The Department will send monthly statements with the outstanding balance that will remain on the account and will continue to accrue late charges and interest each month, or any portion of a month, until the balance is paid in full. All payments will be applied first to accrued interest and late charges, and then to principal.(7-1-24)

IDAPA 20.03.05.031 Lease Size

01.One Mile Limitation.

A riverbed lease may not exceed one (1) contiguous river mile in length or all the riverbed within one (1) section should all the available state lands within the section exceed one (1) river mile.

(7-1-24)

2. Salable Minerals. Leases for salable minerals may be limited to a smaller size tract at the Board’s discretion.(7-1-24)

IDAPA 20.03.05.032 (Reserved)

IDAPA 20.03.05.035 Assignments

01.Prior Written Approval. N o lease assignment is valid until approved in writing by the Department. A lease may be assigned to any person qualified to hold a lease.(7-1-24)

02.Partial Assignment. A lease may be partially assigned if both the assigned and the retained part created by the assignment contain not less than one-half (1/2) mile length of river bed. The resulting leases continue in full force and effect for the balance of the term of the original lease unless otherwise terminated in accordance with the terms of the lease.(7-1-24)

IDAPA 20.03.05.036 (Reserved)

IDAPA 20.03.05.040 Bond

1. Lease Bond. Con current with the lessee’s execution of the lease, lessee must furnish to the Department a bond in favor of the state of Idaho on a Department form in the amount of five thousand dollars ($5,000) for commercial operations and one thousand dollars ($1,000) for all other operations. The bond will be conditioned on the payment of all damages to the land and all improvements thereon which result from the lessee’s operation and conditioned on complying with statute, these rules and the lease terms. This bond is in addition to bonds required by Title 47, Chapter 13, Idaho Code.(7-1-24)

02.Motorized Exploration. Motorized exploration on an exploration location is subject to a bond that covers the estimated reasonable cost of reclamation as provided in Section 47-703A, Idaho Code.(7-1-24)

IDAPA 20.03.05.041 (Reserved)

IDAPA 20.03.05.045 Fees

The following fees apply and are nonrefundable:(7-1-24) 01.

Lease Application. Four hundred twenty five dollars ($425) per application.(7-1-24)

02.Lease Application Advertising. Seventy-five dollars ($75) per application.(7-1-24)

03.Exploration Location. Five hundred dollars ($500) per location.(7-1-24)

04.Assignment. Two hundred dollars ($200) per lease involved in the assignment.(7-1-24)

IDAPA 20.03.05.046 (Reserved)

20.02.01 Rules Pertaining to the Idaho Forest Practices Act

IDAPA 20.02.01.000 Legal Authority

In accordance with Section 38-1304, Idaho Code, the Idaho Board of Land Commissioners has authority to adopt rules establishing minimum standards for the conduct of forest practices on forest land.(3-31-22)

IDAPA 20.02.01.001 Scope

These rules constitute the minimum stand ards for the conduct of forest practices on forest land and describe administrative procedures necessary to implement those standards.(3-31-22)

IDAPA 20.02.01.002 (Reserved)

IDAPA 20.02.01.010 Definitions

The terms “Best Management Practices (BMP),” “Department,” “Forest Land,” “Forest Practice,” “Forest Regions,”

“Harvesting,” “Landowner,” “Operator,” “Rules,” “State,” and “Timber Owner,” have meanings provided in Section 38-1303, Idaho Code. In addition to the definitions set forth in the Act, the following definitions apply to these rules:

01.Act. The Idaho Forest Practices Act, Title 38, Chapter 13, Idaho Code.(3-31-22)

02.Acceptable Tree Species. Any tree species normally marketable in the region, which are suitable to meet stocking requirements. Acceptable trees must be of sufficient health and vigor to assure growth and harvest.

03.Additional Hazard. Debris, slashings, and forest fuel resulting from a forest practice.(3-31-22)

04.Average DBH. Average diameter in inches of trees cut or to be cut, measured at four and one-half (4.5) feet above mean ground level on standing trees.(3-31-22)

05.Board. The Idaho State Board of Land Commissioners or its designee.(3-31-22)

06.Buffer Strip. A protective area adjacent to an area requiring special attention or protection.

07.Cable Yarding. Techniques that use winch systems, secured to stationary base machines, to transport fully or partially suspended logs or trees to landings.(3-31-22)

08.Chemicals. Substances applied to forest lands or timber to accomplish specific purposes and includes pesticides (as defined in Title 22, Chapter 34, Idaho Code), fertilizers, soil amendments, road dust abatement products and other materials that may present hazards to the environment.(3-31-22)

09.Constructed Skid Trail. A skid trail created by the deliberate cut and fill action of a dozer or skidder blade resulting in a road-type configuration.(3-31-22)

10.Commercial Products. Saleable forest products of sufficient value to cover cost of harvest and transportation to available markets.(3-31-22)

11.Condition of Adjoining Area. Those fuel conditions in adjoining areas that relate to spread of fire and to economic values of that area.(3-31-22)

12.Contaminate. To introduce into the atmosphere, soil, or water sufficient quantities of substances that are injurious to public health, safety, or welfare; domestic, commercial, industrial, agricultural or recreational uses; or livestock, wildlife, fish or other aquatic life.(3-31-22)

13.Cross-Drain. A diversion, depression, slope, or hump in a trail or road for the purpose of carrying surface water runoff into the vegetation, duff, ditch, or other dispersion area to minimize volume and velocity of runoff which might cause soil erosion.(3-31-22)

14.Cull. Non-marketable, live, standing trees taller than twenty (20) feet.(3-31-22)

15.Deterioration Rate. Rate of natural decomposition and compaction of fuel debris which decreases the hazard and varies by site.(3-31-22)

16.Director. The Director of the Idaho Department of Lands or his designee.(3-31-22)

17.Emergency Forest Practice. A forest practice initiated during or immediately after a fire, flood, windthrow, earthquake, or other catastrophic event to minimize damage to forest lands, timber, or public resources.

18.Fertilizers. Any substance or any combination or mixture of substances used principally as a source of plant food or soil amendment.(3-31-22)

19.Fire Trail. Access routes that are located and constructed in a manner to be useful in fire control efforts or fire spread deterrence in the hazard area.(3-31-22)

20.Fuel Quantity. The diameter, number of stems and predominant species to be cut or already cut, and the size of the continuous thinning block, all of which determine quantity of fuel per unit of area.(3-31-22)

21.Ground-based Equipment. Mobile equipment such as trucks, tractors, dozers, skidders, excavators, loaders, mechanized harvesters and forwarders used for forest practices.(3-31-22)

22.Habitat Types. Forest land capable of producing similar plant communities at climax.(3-31-22)

23.Hazard. Any vegetative residue resulting from a forest practice which constitutes fuel.(3-31-22)

24.Hazard Offset. Improvements or a combination of practices which reduce the spread of fire and increases the ability to control fires.(3-31-22)

25.Hazard Points. The number of points assigned to certain hazardous conditions on an operating area, to actions designed to modify those conditions or to actions by the operator, timber owner or landowner to offset those conditions on the same operating area.(3-31-22)

26.Hazard Reduction. The burning or physical reduction of slash by treatment in some manner which will reduce the risk from fire.(3-31-22)

27.Lake. A body of perennial standing open water, natural or human-made, larger than one (1) acre in size. Lakes include the beds, banks or wetlands below the ordinary high water mark. Lakes do not include drainage or irrigation ditches, farm or stock ponds, settling or gravel ponds. Any reference in these rules to Class I streams also applies to lakes.(3-31-22)

28.Large Organic Debris (LOD). Live or dead trees and parts thereof that are large enough; or longer than the channel width or twenty (20) feet; or sufficiently buried in the stream bank or bed to be stable during high flows. LOD creates diverse fish habitat and stable stream channels by reducing water velocity, trapping stream gravel and allowing scour pools and side channels to form.(3-31-22)

29.Noncommercial Forest Land. Habitat types not capable of producing twenty (20) cubic feet of wood fiber per acre per year.(3-31-22)

30.Operating Area. That area where a forest practice is taking place or will take place.(3-31-22)

31.Ordinary High Water Mark. That mark on all water courses, which will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation, as that condition exists on the effective date of this chapter, or as it may naturally change thereafter.

32.Outstanding Resource Water.

A high-quality water, such as water of national and state parks and wildlife refuges and water of exceptional recreational or ecological significance, designated by the legislature. ORW constitutes as outstanding national or state resource that requires protection from nonpoint activities, including forest practices, which may lower water quality.(3-31-22)

33.Prescribed Fire. The controlled application of fire to wildland fuels, in either their natural or modified state, under conditions of weather, fuel moisture and soil moisture that allow the fire to be confined to a predetermined area while producing the intensity of heat and rate of spread required to meet planned objectives.

34.Present Condition of Area. The amount or degree of hazard present before a thinning operation commences.(3-31-22)

35.Public Resource. Water, fish, wildlife, and capital improvements of the State or its political subdivisions.(3-31-22)

36.Reforestation. Establishment of an adequately stocked stand of trees of species acceptable to the Department to replace those removed by harvesting or a catastrophic event on commercial forest land.(3-31-22)

37.Relative Stocking. A measure of site occupancy calculated as a ratio of actual stand density to the biological maximum density for a given forest type. This ratio, expressed as a percentage, shows the extent to which trees use a plot of forestland. This term was used in the Class I tree retention rule (030.07.e.ii) and has been replaced with Weighted Tree Count as described in the same rule.(3-31-22)

38.Relief Culvert. A structure to relieve surface runoff from roadside ditches to prevent excessive volume and velocity.(3-31-22)

39.Slash. Any vegetative residue three inches (3”) or less in diameter resulting from a forest practice or clearing of land.(3-31-22)

40.Site. An area with the combination of biotic, climatic, and soil conditions or ecological factors that create capacity for forest vegetation.(3-31-22)

41.Site Factor. A combination of average slope and predominant aspect of the operating area which relate to rate of fire spread.(3-31-22)

42.Site-Specific Best Management Practice. A BMP that is adapted to and takes account of the specific factors influencing water quality, water quality objectives, on-site conditions, and other factors applicable to the site where a forest practice occurs which has been approved by the Department or by the Board in consultation with the Department and the Forest Practices Advisory Committee.(3-31-22)

43.Size of Thinning Block. Acres of continuous fuel creating an additional hazard within an operating area. Distance between the perimeter of thinning blocks containing continuous fuel must be a minimum of six (6) chains apart to qualify as more than one (1) block.(3-31-22)

44.Snags. Dead, standing trees taller than twenty (20) feet.(3-31-22)

45.Soil Erosion. Movement of soils resulting from forest practices.(3-31-22)

46.Soil Stabilization. The minimizing of soil movement.(3-31-22)

47.Stream. A natural water course of perceptible extent with definite beds and banks which confines and conducts continuously or intermittently flowing water . Definite beds are defined as having a sandy or rocky bottom which results from the scouring action of water flow. Any reference in these rules to Class I streams applies to lakes.(3-31-22)

a.Class I streams are important for the spawning, rearing or migration of fish. (3-31-22)

b.Class II streams are usually headwater streams or minor drainages that are used by only a few, if any, fish for spawning or rearing. Where fish use is unknown, consider streams as Class II where the total upstream watershed is less than two hundred forty (240) acres in the north forest region and four hundred sixty (460) acres in the south forest region. Their principal value lies in their influence on water quality or quantity downstream in Class I streams.(3-31-22)

c.Class I Stream Protection Zone (SPZ) means the area encompassed by a slope distance of seventyfive (75) feet on each side of the ordinary high water marks. (Figure 1.)

FIGURE 1

CLASS 1 STREAM PROTECTION ZONE

d.Class II Stream Protection Zone (SPZ) means the area encompassed by a minimum slope distance of thirty (30) feet on each side of the ordinary high water marks. (Figure 2.) For Class II streams that do not contribute surface flow into Class I streams, a variance to this requirement may be requested. In no case will this width be less than five (5) feet slope distance on each side of the ordinary high water marks. Operators must provide for soil stabilization and water filtering effects by leaving undisturbed soils in widths sufficient to prevent washing of sediment.(3-31-22)

FIGURE 2

CLASS II STREAM PROTECTION ZONE

48.Time of Year of Forest Practice. Parts of a year assigned hazard points when the forest practice takes place. Points are: October through December - two (2) points; August through September - four (4) points;

January through April - seven (7) points; May through July - ten (10) points.(3-31-22)

49. Traction-Assisted Harvesting. Techniques that use winch systems to tether ground-based equipment to a stationary base for stabilizing and assisting steep-slope operation. Cable tension from the winch will be synchronized or automatically held constant. Enhanced traction for the equipment must minimize soil disturbance and risk of sediment delivery to streams.(3-31-22)

50.Watershed Advisory Group. A formal group of citizens that provides the Idaho Department of Environmental Quality with local public input and guidance regarding specific watersheds during watershed analysis and BMP development.(3-31-22)

IDAPA 20.02.01.011 Abbreviations

01.BMP. Best Management Practices.(3-31-22)

02.LOD. Large Organic Debris.(3-31-22)

03.SPZ. Stream Protection Zone.(3-31-22)

IDAPA 20.02.01.012 (Reserved)

IDAPA 20.02.01.020 General Rules

01.Compliance. Operators must comply with practices contained within a rule to accomplish the purpose of the rule.(3-31-22)

a.If conditions of sites or activities require application of practices which differ from those prescribed by the rules, the operator must obtain a variance according to the following procedure:(3-31-22)

i.The operator must submit a written request for variance to the Department. The request must include a description of the site and particular conditions which necessitate a variance and a description of proposed practices which, if applied, will result in a violation of the rules.(3-31-22)

ii.The Department will evaluate the request and notify the operator in writing within fourteen (14) calendar days whether the variance is granted or denied.(3-31-22)

iii.All authorized variance practices must provide for results over the long term which are equivalent or better than those from rule to ensure site productivity, water quality and fish and wildlife habitat. A variance may be applied only at approved sites.(3-31-22)

b.Practices must also be in compliance with the Stream Channel Protection Act (Title 42, Chapter 38, Idaho Code); Idaho Water Quality Standards and Waste Water Treatment Requirements (Title 39, Chapter l, Idaho Code); the Idaho Pesticide Law (Title 22, Chapter 34, Idaho Code), and the Hazardous Waste Management Act of 1983 (Title 39, Chapter 44, Idaho Code), and rules promulgated thereunder.(3-31-22)

c.Water may be diverted from a stream and used at any time to carry out Idaho forest practices and for forest road dust abatement, provided that: 1) The total daily volume diverted is no greater than two-tenths (0.2) acre-feet (65,170 gallons) from a single stream; and 2) The rate of diversion is no greater than twenty-five percent (25%) of the rate of flow then available in the stream at the point of diversion for these purposes.(3-31-22)

i.No person may, under this Section 020, divert water from an irrigation canal, irrigation reservoir, or other irrigation facility while water is lawfully diverted, stored, captured, conveyed, used or otherwise physically controlled by an irrigator, irrigation district or canal company.(3-31-22)

ii.No person may, under this Section 020, divert water from a stream within a water district, or from which an irrigation delivery entity diverts water, without first providing notice to the watermaster of the intent to divert.(3-31-22)

iii.Water diversion intakes used for diversions under Subsection 020.01 must be screened with a maximum screen mesh size as follows: 1) fish-bearing Class I streams: 3/32 inch, and 2) all other streams: 1/4 inch.

d.Any alternative conservation measure having received a favorable Biological Opinion or Incidental Take Permit from the National Marine Fisheries Service or US Fish and Wildlife Service will be considered as complying with these rules.(3-31-22)

02.Conversion of Forest Lands. Prior to converting forest lands to another use, the person converting the lands must file a written notification with the Department. These rules will continue to apply to the conversion and converting lands, except those relating to reforestation. On converted parcels larger than one (1) acre, acceptable vegetative cover sufficient to maintain soil productivity and minimize erosion must be planted. Cover must be established within one (1) year of forest practice completion, except that the Director may grant an extension of time if weather or other conditions interfere. Within three (3) years of forest practice completion, the Director will determine if the conversion has been accomplished by:(3-31-22)

a.The presence or absence of improvements necessary for use of land for its intended purpose;

b.Evid ence of actual use of the land for the intended purpose.(3-31-22)

c.If the conversion has not been accomplished within three (3) years of harvest completion, supplemental reforestation Subsection 050.06 applies.(3-31-22)

03.Annual Review and Consultation. The Director will, at least annually, meet with other state agencies and the Forest Practices Advisory Committee and review recommendations for amendments to or repeal of these rules. He will then provide the Board a summary of any meetings, together with recommendations regarding these rules.(3-31-22)

04.Consultation. The Director may consult with other state agencies where expertise from such agencies would be helpful or necessary.(3-31-22)

a.These rules are approved best management practices under IDAPA 58.01.02, “Water Quality Standards.” The Water Quality Standards describe a procedure for modifying the practices based on monitoring and surveillance. The Director will review petitions from Idaho Department of Environmental Quality for changes or additions to these rules and make recommendations for modification to the Board.(3-31-22)

05.Notification of Forest Practice.(3-31-22)

a.Before commencing a forest practice or a conversion of forest lands the operator must notify the Department as required in Paragraph 020.05.b. The notification may be provided by the timber owner or landowner.

b.The notification required by Paragraph 020.05.a. must be on forms provided by the Department, will identify each forest practice to be conducted, and include the name and address of the operator, timber owner, and landowner; the legal description of the operating area; whether the forest practice(s) borders an outstanding resource water and other information the Department considers necessary for administration of the rules. No forest practice may begin until the applicable notification is formally accepted by the Department. No later than fourteen (14) calendar days after formal acceptance of the notice, the Department will send a copy of the notice to the operator, timber owner, and landowner.(3-31-22)

c.The operator, timber owner, or landowner that filed the original notification, must notify the Department of any subsequent change in information contained in the notice within thirty (30) calendar days of the change. No more than fourteen (14) calendar days from receipt of the notice, the Department will send a copy of the notice to the operator, timber owner, and landowner.(3-31-22)

d.The notification is valid for the same period as the certificate of compliance under Section 38-122, Idaho Code. If the forest practice is continuing when the notification expires, the notification must be renewed using the same procedures provided for in this subsection.(3-31-22)

e.If the notification required by Paragraph 020.05.a. of this subsection indicates that the forest practice will be continuing at the notification’s expiration, the operator, timber owner, or landowner must notify the Department and obtain a renewal of the notification at least thirty (30) calendar days prior. No more than fourteen (14) calendar days from receipt of the request, the Department will send a copy of the renewed notification to the operator, timber owner, and landowner.(3-31-22)

06.Notification Exception. A notification is required for all forest practices except:(3-31-22)

a.Routine road maintenance, recreational uses, grazing by domestic livestock, cone picking, culture and harvest of Christmas trees on lands used solely for the production of Christmas trees, or harvesting of other minor forest products.(3-31-22)

b.Non-commercial cutting and removal of forest tree species by a person for their own personal use.

c.Clearing forest land for conversion to surface mining or dredge and placer mining operations under a reclamation plan or dredge mining permit.(3-31-22)

07.Emergency Forest Practices. No prior notification is required for emergency forest practices.

Within forty-eight (48) hours after commencement of such practice, the operator, timber owner, or landowner must notify the Director and explain why emergency action was necessary. Such emergency forest practices are subject to the rules herein, except that the operator, timber owner, or landowner may take any reasonable action to minimize damage to forest lands, timber, or public resource from the direct or indirect effects of the catastrophic event.

08.Duty of Purchaser. Before purchasing, contracting to purchase or accepting delivery of a forest tree species harvested from forest lands in Idaho, the initial purchaser must receive and keep on file a copy of the notification of forest practice for the harvesting practice applicable to the acquired forest tree species. The notice must be available for inspection upon request by the Department at all reasonable times.(3-31-22)

09.State Divided into Regions. For the purpose of administering the Act and these rules, the State is divided into two (2) forest regions: one (1) north of the Salmon River and one (1) south of the Salmon River.

10.Regions Divided into Forest Habitat Types. For administration purposes, the forest regions can be divided into Habitat Types.(3-31-22)

IDAPA 20.02.01.021 (Reserved)

IDAPA 20.02.01.030 Timber Harvesting

01.Purpose. Harvestin g of forest tree species is a part of forest management. This is how wood for human use is obtained and how forests are established and tended. During harvesting operations there will be a temporary disturbance to the forest environment. These rules establish minimum standards for forest practices that will maintain the productivity of the forest land, minimize soil and debris entering streams, and protect wildlife and fish habitat.

02.Quality of Residual Stocking. Reforestation is required if harvesting reduces stocking of acceptable trees below minimums of Subsection 050.04.(3-31-22)

03.Soil Protection. For each harvesting operation, operators should select the logging method and type of equipment adapted to the given slope, landscape and soil properties in order to minimize soil erosion.

a.An operation that uses ground-based equipment must not be conducted if it will cause rutting, deep soil disturbance, or accelerated erosion. On slopes exceeding forty-five percent (45%) gradient and which are immediately adjacent to a Class I or II stream, ground-based equipment, except for traction-assisted harvesting equipment, must not be used without an approved variance. Where slopes in the area to be logged exceed forty-five percent (45%) gradient, the operator, landowner or timber owner must notify the Department of these steep slopes upon filing the notification as provided for in Subsection 020.05.(3-31-22)

b.The grade of constructed skid trails on geologically unstable, saturated, or highly erodible or easily compacted soils is limited to a maximum of thirty percent (30%).(3-31-22)

c.In accordance with appropriate silvicultural prescriptions, keep skid trails to the minimum feasible width and number. Limit tractors used for skidding to that size appropriate for the job.(3-31-22)

d.Uphill cable yarding is preferred. When downhill yarding, take reasonable care to lift the leading end of the log to minimize downhill movement of slash and soils.(3-31-22)

04.Location of Landings, Skid Trails, and Fire Trails. Locate landings, skid trails, and fire trails on stable areas to prevent the risk of material entering streams.(3-31-22)

a.Locate all new or reconstructed landings, skid trails, and fire trails on stable areas outside all SPZs.

Locate fire and skid trails where sidecasting is held to a minimum.(3-31-22)

b.Landing size is limited to that necessary for safe economical operation.(3-31-22)

c.To prevent landslides, fill material used in landing construction must be free of loose stumps and excessive accumulations of slash. On slopes where sidecasting is necessary, stabilize landings by seeding, compacting, riprapping, benching, mulching or other suitable means.(3-31-22)

05.Drainage Systems. Provide and maintain a drainage system for each landing, skid trail or fire trail that will control the dispersal of surface water to minimize erosion.(3-31-22)

a.Stabilize skid trails and fire trails whenever they are subject to erosion, by water-barring, crossdraining, out-sloping, scarifying, seeding or other suitable means. Keep this work current to prevent erosion prior to seasonal runoff.(3-31-22)

b.Reshape landings as needed to facilitate drainage prior to seasonal runoff. Stabilize all landings by establishing ground cover or other means within one (1) year after harvesting is completed.(3-31-22)

06.Treatment of Waste Materials. Leave or place all debris, overburden, and other waste material associated with harvesting in a way that prevents their entry into streams.(3-31-22)

a.Fell, buck, and limb trees, whenever possible, so that the tree or any tree parts fall away from Class I streams. Continuously remove slash that enters Class I streams because of harvesting operations. Continuously remove other debris that enters Class I streams because of harvesting operations whenever there is a potential for stream blockage or if the stream has the ability for transporting such debris. Place removed material five (5) feet slope distance above the ordinary high water mark.(3-31-22)

b.Remove slash and other debris that enters Class II streams whenever there is a potential for stream blockage or if the stream has the ability for transporting the debris immediately following skidding and place removed material above the ordinary high water mark or otherwise treat as prescribed by the Department. No formal variance is required.(3-31-22)

c.Deposit waste material from construction or maintenance of landings and skid and fire trails in geologically stable locations outside of the appropriate SPZ.(3-31-22)

07.Stream Protection. During and after forest practice operations, protect stream beds and streamside vegetation to provide the most natural condition possible to maintain water quality and aquatic habitat.(3-31-22)

a.Lakes require an approved site-specific riparian management prescription prior to conducting forest practices within the SPZ.(3-31-22)

b.Prior to conducting forest practice operations that cross streams using ground-based equipment, install temporary or permanent structures adequate to carry stream flow; skidding or forwarding directly in or through streams or fords is not permitted. Minimize the number of stream crossings and make direct approaches to minimize ground disturbance in the SPZ. Remove all temporary crossings immediately after use and, where applicable, crossdrain the approaches. (Construction of hydraulic structures in stream channels is regulated by the Stream Channel Protection Act - Title 42, Chapter 38, Idaho Code, and Paragraphs 040.02.e. and 040.02.g.).(3-31-22)

c.Operation of ground-based equipment is not allowed within the SPZ except at approaches to stream crossings.(3-31-22) d.

When cable yarding is necessary, across or inside the SPZs, it must be done in a way that minimizes stream bank vegetation and channel disturbance.(3-31-22)

e.Provide for LOD, shading, soil stabilization, wildlife cover and water filtering effects of vegetation along streams.(3-31-22)

i.Leave shrubs, grasses, and rocks wherever they afford shade over a stream or maintain the integrity of the soil near a stream. Landowners are strongly encouraged to leave all trees immediately adjacent to streams.

ii.During commercial harvest within Class I SPZs, retain the following weighted tree count per onehundred (100) linear feet of stream:(3-31-22)

(1)Fifty-seven (57) north of the Clearwater/Lochsa Rivers;(3-31-22)

(2)Forty-nine (49) between the Clearwater/Lochsa and Salmon Rivers;(3-31-22)

(3)Forty-one (41) south of the Salmon River; and(3-31-22)

(4)Thirty-seven (37) in drier forests with SPZs dominated by Douglas-fir and ponderosa pine.

(5)At least four (4) of the above weighted tree count must be retained in the outer twenty-five feet (25’) of the SPZ.(3-31-22)

iii.Calculate weighted tree count by multiplying the number of live conifers and hardwoods present in each diameter range by the weight below and then sum the results.

iv.Prior to and during harvest, cutting in any part of a given one hundred foot (100’) Class I SPZ segment is only allowed if the weighted tree count in the inner fifty feet (50’) of that segment is above: thirty-three (33) north of the Clearwater/Lochsa Rivers, twenty-eight (28) between the Clearwater/Lochsa and Salmon Rivers, twenty-three (23) South of the Salmon River, and twenty-one (21) in drier forests with SPZs dominated by Douglasfir and ponderosa pine. Note that the combination of minimum values for the inner fifty feet (50’) and outer twentyfive feet (25’) do not meet the minimum for the SPZ segment; additional trees must be left in one or both areas to meet the rule.(3-31-22)

v.To protect filtering and shade effects of streamside vegetation adjacent to all Class II streams following harvesting and hazard management activities, retain live trees or establish new trees within thirty (30) feet on each side of the streams’ ordinary high water mark to comply with the minimum stocking standards expressed in Subsection 050.04.(3-31-22)

vi.During harvesting, carefully remove timber from the SPZ in such a way that LOD, shading and filtering effects are maintained and protected. When portions of harvested or naturally fallen trees land in or over a Class I stream, leave the portion consistent with the LOD definition of Subsection 010.28. When salvaging uprooted trees, leaving the section with the root ball attached is preferred.(3-31-22)

vii.During harvesting operations, portions of felled or bucked trees not meeting the LOD definition must be removed, consistent with the slash removal requirements of Subsection 030.06.(3-31-22) viii.To obtain a variance from the tree retention requirements, the operator must develop a site-specific riparian management prescription and submit it to the Department for approval. The prescription should consider stream characteristics and the need for LOD, stream shade and wildlife cover which will achieve the objective of these rules.(3-31-22)

ix.Stream width will be measured as average between ordinary high water marks.(3-31-22)

f.Limit direct ignition of prescribed burns to hand piles within SPZs; all other direct ignitions must occur outside of SPZs, so a backing (cooler) fire will more likely occur within the SPZ. (3-31-22)

i.Hand piles must be at least five (5) feet from the ordinary high water mark of streams.(3-31-22)

ii.No mechanical piling of slash or natural forest fuels is allowed in an SPZ (an exception is filter windrows for erosion control which must not be ignited).(3-31-22)

Diameter Range (inches)4-11.9"12-19.9"20-27.9"28-35.9"≥36"

Weight135811

08.Maintenance of Productivity and Related Values. Design harvesting practices to assure the continuous growing and harvesting of forest tree species by suitable economic means and to protect soil, air, water, and wildlife resources.(3-31-22)

a.Where major scenic attractions, highways, recreation areas or other high-use areas are located within or traverse forest land, give special consideration to scenic values by prompt cleanup and regeneration.

b.Give special consideration to preserving any critical aquatic or wildlife habitat, including snags, especially within SPZs. Wherever practical, preserve fruit, nut, and berry producing trees and shrubs.(3-31-22)

c.Avoid conducting operations along or through bogs, swamps, wet meadows, springs, seeps, wet draws or other locations where the presence of water is indicated by associated vegetation; temporary crossings can be used as referred to in Paragraph 030.07.b. Protect soil and vegetation from disturbance which would cause adverse effects on water quality, quantity and wildlife and aquatic habitat.(3-31-22)

d.Harvesting operations within a single ownership, in which essentially all trees have been removed in one operation, must be planned so that adequate wildlife escape cover (e.g., topography, vegetation, SPZs, etc.) is available within one-quarter (¼) mile.(3-31-22)

IDAPA 20.02.01.031 Cumulative Watershed Effects

01.Purpose. In acco rdance with Section 38-1305(8), Idaho Code, the Department has developed methods for controlling cumulative watershed effects (CWE). The methods and procedures are described in the department manual entitled “Forest Practices Cumulative Watershed Effects Process for Idaho.” Proper application of this process will help ensure watersheds are managed to protect water quality so that beneficial uses are supported.

This rule describes how the process is to be implemented on forest land.(3-31-22)

02.Process Application.(3-31-22)

a.Application of the CWE process and any resulting site-specific BMPs are encouraged but not mandatory.(3-31-22)

b.The process may be initiated by either the Department, a watershed advisory group, or an individual landowner or group of landowners that collectively own at least twenty-five percent (25%) of the forested land in a watershed. In any case, a reasonable effort will be made to notify forest landowners within the watershed, and the landowners will be given the opportunity to participate in the process.(3-31-22)

c.The Department must be notified prior to the initiation of the CWE process.(3-31-22)

d.The Department will review and approve the watershed assessment and CWE site-specific BMPs for compliance with the Act.(3-31-22)

03.Site-Specific BMP Implementation. Site-specific BMPs developed by a watershed advisory group are encouraged and applied on a voluntary basis.(3-31-22)

IDAPA 20.02.01.032 (Reserved)

IDAPA 20.02.01.040 Road Construction, Reconstruction and Maintenance

01.Purpose. Provi de standards and guidelines for road construction, reconstruction, and maintenance that will maintain forest productivity, water quality, and fish and wildlife habitat.(3-31-22)

02.Road Specifications and Plans. Road specifications and plans must be consistent with good safety practices. Landowners and Operators should plan each road to the minimum use standards adapted to the terrain and soil materials to minimize disturbances and damage to forest productivity, water quality, fish, and wildlife habitat. In addition, landowners and operators must:(3-31-22)

a.Plan transportation networks to avoid road construction within SPZs, except at approaches to stream crossings. Leave or reestablish areas of vegetation between roads and streams.(3-31-22)

b.Plan roads no wider than necessary to safely accommodate the anticipated use. Minimize cut and fill volumes by aligning the road to fit the natural terrain features as closely as possible. Adequately compact fill material. Dispose of excess material on geologically stable sites.(3-31-22)

c.Plan roads to drain naturally by out-sloping or in-sloping with cross-drainage and by grade changes where possible. Install dips, water bars, cross-drainage, or subsurface drainage on roads when necessary.(3-31-22)

d.When natural drainage will not protect the surface, cut slopes or fill slopes, plan roads with relief culverts and roadside ditches. Install culverts to prevent erosion of the fill by properly sizing, bedding and compacting. Ensure drainage structures avoid direct discharge of sediment into streams.(3-31-22)

e.This rule applies to new culvert installations, or reinstallations during road reconstructions or because of catastrophic events. Temporary culvert crossings are exempt from the fifty (50) year peak flow design requirement but must be removed before seasonal run-off.(3-31-22)

i.Culverts in fish-bearing streams must provide for fish passage.(3-31-22)

ii.Design stream crossings to carry the fifty (50) year peak flow using Department accepted engineering methods or the culvert sizing table below. Armor the inlet or use a flared inlet structure on thirty (30) inch or greater diameter culverts. The minimum diameter culvert allowed is eighteen (18) inches.

CULVERT SIZING TABLE

The left side of this culvert sizing table will be used for the area of the state north of the Salmon River and within the South Fork Salmon River drainage; the right side will be used for the area of the state south of the Salmon River and outside the South Fork Salmon River drainage. It was developed to carry the fifty (50) year peak flow at a headwaterto-diameter ratio of one (1).

North Forest Region and South Fork Salmon River Drainage South Forest Region Required Culvert Diameter (inches)

Culvert Capacity (in cubic feet/sec)

Ditch relief, seeps, springs, wet areas, draws 12NA Ditch relief, seeps, springs, wet areas, draws less than 32186Less than 72 33 - 74241273-150 75 - 1413020151-270 142 - 2403632271-460 241 - 3664246461-720 367 - 5464865471-1025 547 - 78754891026-1450 788 - 1027601121451-1870 1028 - 1354661421871-2415 1355 - 1736721762416-3355 1737 - 2731842603356-5335 Culverts larger than one hundred twenty (120) inches must be designed; consider alternative structures.(3-31-22)

iii.Relief culverts, and those used for seeps, springs, wet areas, and draws must not be less than twelve (12) inches in diameter for permanent installations.(3-31-22)

f.On existing roads that are not reconstructed or damaged by catastrophic events, landowners or operators are encouraged, but not required, to replace or provide mitigation for culverts that do not provide for fish passage in accordance with Subparagraph 040.02.e.i. or cannot carry the fifty (50) year peak flow of Subparagraph 040.02.e.ii.(3-31-22)

g.Plan and install stream crossings in compliance with the Stream Channel Protection Act (Title 42, Chapter 38, Idaho Code), Paragraph 030.07.b. and the culvert sizing requirements of Paragraph 040.02.e. Fords are acceptable stream crossing structures on small, shallow streams, with gradients less than four percent (4%). For fords: cross-drain and rock the road surface on each side of the stream for at least seventy-five (75) feet for Class I and at least thirty (30) feet for Class II streams; minimize sediment delivery to streams by limiting use to low water, dry, or frozen conditions; minimize hauling or equipment crossing trips during times of salmonid spawning and egg incubation.(3-31-22)

h.Avoid reconstruction of existing roads located in SPZs, except for approaches to stream crossings, unless it will result in the least long-term impact on site productivity, water quality, and fish and wildlife habitat.

Reconstruction of existing roads in SPZs requires a variance. Reusing existing roads in SPZs for skidding or landing logs requires a variance. Reusing existing roads in SPZs only for hauling fully suspended logs does not require a variance.(3-31-22)

03.Road Construction. Landowners and operators must use the following practices to construct or reconstruct roads in a way that prevents debris, overburden, and other material from entering streams.(3-31-22)

a.Construct roads in compliance with the planning guidelines of Subsection 040.02.(3-31-22)

b.Clear all debris generated during construction or maintenance which potentially interferes with drainage or water quality. Deposit excess material and slash on geologically stable sites outside the SPZs. (3-31-22)

c.Where sediments would enter streams, stabilize exposed material (road surface, cut slopes, fill slopes, borrow pits, waste piles, etc.) prior to seasonal runoff. Install supplemental stabilization measures such as seed and mulch, slash mats, or rock. Rock the road surface through the entire SPZ over Class I stream crossings.(3-31-22) d.

Compact road fills. Minimize snow, ice, or frozen soil buried in embankments. Significant woody material is not allowed in fills, but slash may be used as a filter windrow along the fill toe in compliance with the Idaho Forestry Act and Fire Hazard Reduction Programs, Title 38, Chapters 1 and 4, Idaho Code.(3-31-22)

e.During and following operations on out-sloped roads, retain out-slope drainage and remove berms on the outside edge, except those intentionally constructed for road grade fill protection.(3-31-22)

f.Provide for drainage of quarries to prevent sediment from entering streams.(3-31-22) 2732 - 4111963705336-7410 4112 - 58301085007411-9565 5831 - 82561206759566-11780 North Forest Region and South Fork Salmon River Drainage South Forest Region Required Culvert Diameter (inches)

Culvert Capacity (in cubic feet/sec)

g.Construct cross-drains and relief culverts to minimize erosion. Use riprap, vegetative matter, downspouts, and similar devices to minimize erosion of the fill. Install drainage structures or cross-drain incomplete roads prior to seasonal runoff. If effective forest floor filtration is not available within SPZs, install supplemental filtration at drainage structure outlets or additional drainage structures outside SPZs to prevent road surface erosion from entering streams.(3-31-22)

h.Postpone earthwork or material hauling during wet periods if erodible material would enter streams.(3-31-22)

i.Remove or stabilize cut-slope material subject to sloughing concurrent with construction.(3-31-22)

j.Construct full-bench roads, without fill slope disposal on slopes greater than sixty percent (60%) in unstable or erodible soils. (3-31-22)

04.Road Maintenance. Landowners and operators must use the following practices for regular preventive maintenance operations to minimize disturbance and damage to forest productivity, water quality, and fish and wildlife habitat.(3-31-22)

a.Place all debris or slide material associated with road maintenance in a manner to prevent their entry into streams.(3-31-22)

b.Repair slumps, slides, and other erosion sources causing stream sedimentation to minimize sediment delivery.(3-31-22)

c.Active forest roads are used for hauling forest products, rock and other road building materials.

Conduct the following maintenance on active roads.(3-31-22)

i.Keep culverts and ditches functional.(3-31-22)

ii.Crown, out-slope, in-slope, or cross-drain road surfaces during and upon completion of seasonal operations. Remove berms from the outside edge except those intentionally constructed for protection of fills.

iii.Maintain the road surface and postpone hauling during wet periods as necessary to minimize erosion of the subgrade and provide proper drainage.(3-31-22)

iv.Apply road-surface stabilizing materials in a way that prevents their entry into streams. (3-31-22)

v.During active maintenance, ensure road surfaces within SPZs are sufficiently stabilized. Install supplemental filtration at drainage structure outlets within SPZs if effective forest floor filtration is not available.

d.Incidental haul roads are roads with a primary purpose other than forest practices that are used for hauling logs during active harvest. Active road maintenance requirements apply. Once active road maintenance is completed, no other maintenance is required under the Act.(3-31-22)

e.Inactive forest roads are no longer used for commercial hauling, but maintained for access.

Conduct the following maintenance on inactive roads.(3-31-22)

i.When active use is over, clear ditches and culverts, crown, out-slope, in-slope, cross-drain or otherwise treat the road surface to minimize erosion. Maintain drainage structures as needed.(3-31-22)

ii.The roads may be permanently or seasonally blocked to vehicle traffic.(3-31-22)

f.Long-term inactive roads are forest roads that will not be used soon, but may be used again; no subsequ ent maintenance is required following completion of the practices below:(3-31-22)

i.Out-slope, cross-drain, seed or treat the surface to control erosion.(3-31-22)

ii.Block the road to vehicle traffic.(3-31-22)

iii.The Department may require the removal of bridges, culverts, ditches and unstable fills. The landowner must maintain any bridges or culverts left in place.(3-31-22)

g.Permanently abandoned roads are forest roads not intended to be used again. Remove all drainage structures and treat road surfaces to minimize erosion.(3-31-22)

i.Restore stream gradients to their natural slope.(3-31-22)

ii.Treat the road surface to break up compacted areas.(3-31-22)

iii.Pull back fill slopes of roads within SPZs to a stable configuration unless long-term stability is evident.(3-31-22)

iv.Pull back unstable side-hill fills to a stable configuration.(3-31-22)

v.Control ditch-line erosion by cross-draining, out-sloping, or regrading to eliminate ditches.

vi.Stabilize soil exposed from regrading, ripping, and drainage removal by seeding, mulching, armoring, or other treatment.(3-31-22)

05.Winter Operations. To minimize erosion and prevent damage to roads and constructed skid trails from winter logging, operators must implement the practices below:(3-31-22)

a.Install adequate road drainage prior to winter operations using rolling dips, drivable cross-drains, open-top culverts, out slopes, or other methods.(3-31-22)

b.Maintain roads to keep the surface drained during thaws or break up. This may require active maintenance of existing drainage, drain holes in snow berms, and installation of additional cross-drains or treatment of the road surface.(3-31-22)

IDAPA 20.02.01.041 (Reserved)

IDAPA 20.02.01.050 Residual Stocking and Reforestation

To provide requirements for residual stocking and reforestation that will maintain a continuous growing and harvesting of forest tree species, and for sites not requiring reforestation, to maintain soil productivity and minimize erosion. The rules specify the minimum number of acceptable trees per acre and the maximum period of time allowed after harvesting for establishment of forest tree species.(3-31-22)

02.Quality of Residual Stocking. On any operation, trees left for future harvest must be of acceptable species and adequately protected from harvest damage to enhance their survival and growth. Locate roads and landings and conduct felling, bucking, skidding, yarding, and decking operations to minimize damage to residual trees. Acceptable residual trees should have a minimum live crown ratio of thirty percent (30%), minimum basal scarring, and should not have dead or broken tops. When stands have a high percentage of unacceptable trees, consider stand replacement rather than intermediate cuttings.(3-31-22)

03.Sites Impractical to Reforest. Sites impractical to reforest, generally ponderosa pine and drier Douglas-fir habitat types, must not be harvested below minimum stocking, unless the site is converted to some other use or, in instances of wildfire, insects, disease or other natural causes, where salvage of damaged timber is planned.

a.When harvesting timber on these sites, one (1) of the following actions must be taken to ensure minimum stocking:(3-31-22)

i.Establish a new stand by leaving seed trees on the site and inter-planting at least once within five (5) years of harvest completion.(3-31-22)

ii.Establish a new stand of timber by planting the site with an acceptable tree species, and interplanting at least once within five (5) years of the original planting.(3-31-22)

b.If the efforts listed above in a.i. and a.ii. do not provide the minimum stocking level, the landowner will be encouraged but not required to perform additional reforestation efforts.(3-31-22)

04.Stocking.(3-31-22)

a.Stocking is satisfactory immediately following harvest if the following number of acceptable trees per acre, within each specified region, for at least one (1) diameter range are reasonably well distributed over the area affected by harvesting. (NOTE: (1) DBH = Diameter (outside of the bark) of a tree four and one half (4.5) feet above mean ground level):

MINIMUM STOCKING - ACCEPTABLE TREES

b.If the stand consists of retained trees of mixed diameter ranges reasonably well distributed over the harvested area and none of the diameter ranges individually equal or exceed the minimum trees per acre shown above, stocking is satisfactory if the weighted total of all of the diameter ranges of the retained trees exceeds a value of one hundred seventy (170) for a stand in the North Region and one hundred twenty-five (125) in the South Region.

Calculate the weighted total by multiplying the number of retained trees per acre in each diameter range by the weight below and then sum the results.

c.Harvested stands which are not adequately stocked, as defined above, are subject to supplemental reforestation requirements specified in Subsection 050.06.(3-31-22)

05.Reforestation Exemptions.(3-31-22)

a.Reforestation is not required for:(3-31-22)

i.Noncommercial forest land;(3-31-22)

Idaho Region Diameter Range DBH (inches)

Average Number of Retained Trees Per Acre Average Spacing (feet)

North0” – 2.9”17016 x 16 South0” – 2.9”12518 x 18 North3.0” – 10.9”11019 x 19 South3.0” – 10.9”7524 x 24 North11.0” and greater2046 x 46 South11.0” and greater1553 x 53 Diameter RangeWeight 0” – 2.9”1 3.0” – 10.9”1.6 11.0” and greater8.4

ii.Land converted to another use. This may include land converted to roads used in a forest practice;

iii.A forest practice which will result in ten (10) acres or less below minimum stocking levels.

b.On lands where reforestation is not being planned in accordance with Subsection 050.03, establish some form of grass or planted cover within one (1) year in order to maintain soil productivity and minimize erosion.

06.Supplemental Reforestation. Seeding and/or planting may be required if after three (3) growing seasons from the date of harvest, stocking levels do not meet the standards in Subsection 050.04. Complete required seeding and/or planting before the end of the fifth growing season following the time of harvest; the Director must grant an extension of time if suitable seeds or seedlings are not available or if weather or other conditions interfere.

a.Reforestation practices must ensure seedlings become established. This can be accomplished by adequate site preparation, using acceptable seed or seedlings, following accepted planting or sowing practices, or other suitable means.(3-31-22)

b.The party responsible for reforestation is the landowner during the harvest which reduced stand stocking below the minimum levels stated in Subsection 050.04.(3-31-22)

IDAPA 20.02.01.051 (Reserved)

IDAPA 20.02.01.060 Use of Chemicals and Petroleum Products

01.Purpose. Chem icals perform an important function in growing and harvesting forest tree species.

These rules regulate chemical handling, storage and application for forest practices so that the public health and aquatic and terrestrial habitats will not be endangered by contamination of streams or other bodies of water.

02.Other Applicable Laws. Anyone mixing, loading, applying or otherwise using chemicals must comply with the applicable portions of state and federal law, including but not limited to the Pesticide and Chemigation Law, Title 22, Chapter 34, Idaho Code and IDAPA 02.03.03, “Rules Governing Pesticide and Chemigation Use and Application.”(3-31-22)

03.Petroleum Products. Stationary or mobile petroleum storage containers with capacities greater than two hundred (200) gallons must not be located closer than one hundred (100) feet from any waterway or area of open water. Dikes, berms or embankments must be constructed to contain at least one hundred ten percent (110%) of the volume of petroleum products stored within the tanks. Diked areas must be sufficiently impervious and of adequate capacity to contain spilled petroleum products. In the event any leakage or spillage enters any waterway or area of open water, the operator must immediately notify the Department.(3-31-22)

a.During fueling operations or petroleum product transfer to other containers, there must be a person attending the operation at all times. Fueling operations must not take place where the fuel will enter streams, lakes or other areas of open water, if spillage occurs.(3-31-22)

b.Equipment and containers used to transport, store or transfer petroleum products must be maintained in a leakproof condition. If the Department finds evidence of petroleum product leakage or spillage, the equipment or containers may not be used until the deficiency has been corrected.(3-31-22)

c.Waste resulting from logging operations, such as crankcase oil, filters, grease, oil containers, or other nonbiodegradable waste must be removed from the operating area and disposed of properly.(3-31-22)

04.Equipment Maintenance. Equipment used to transport, store, or apply chemicals must be maintained in leakproof condition. If, the Department finds evidence of chemical leakage, the Department may suspend further use of that equipment until the deficiency has been corrected.(3-31-22)

05.Mixing and Cleaning.(3-31-22)

a.A person using water to mix chemicals must provide an air gap or reservoir between the water source and the mixing tank and use uncontaminated tanks, pumps, hoses and screens to handle and transfer mix water.(3-31-22)

b.Chemicals may be mixed and tanks and equipment cleaned only where spills will not enter any water source.(3-31-22)

i.Landing areas must be located where spilled chemicals will not enter any water source. (3-31-22)

ii.Rinsate and wash water should be recovered and used for make-up water, be applied to the target area, or disposed of according to state and federal laws.(3-31-22)

06.Aerial Application:(3-31-22)

a.With the exception of pesticides approved for aquatic use and applied according to labeled directions, when applying pesticide leave at least one (1) swath width (minimum one hundred (100) feet) untreated on each side of all Class I streams, flowing Class II streams and other areas of open water. When applying pelletized fertilizer, leave a minimum of fifty (50) feet untreated on each side of all Class I streams, flowing Class II streams, and other areas of open water.(3-31-22)

b.Use a bucket or spray device capable of immediate shutoff.(3-31-22)

c.Shut off chemical application during turns and over open water.(3-31-22)

07.Ground Application with Power Equipment.(3-31-22)

a.With exception of pesticides approved for aquatic use and applied according to labeled directions, when applying pesticide, leave at least twenty-five (25) feet untreated on each side of all Class I streams, flowing Class II streams and areas of open water.(3-31-22)

b.When applying fertilizer, leave at least ten (10) feet untreated on each side of all streams and areas of open water.(3-31-22)

08.Hand Application.(3-31-22)

a.Apply only to specific targets, such as a stump, burrow, bait, or trap.(3-31-22)

b.Keep chemicals out of all water sources or streams.(3-31-22)

09.Limitations on Applications.(3-31-22)

a.Chemicals must be applied in accordance with all limitations and instructions printed on the product registration labels, supplemental labels, and others established by regulation of the Director.(3-31-22)

b.Do not exceed allowable rates.(3-31-22)

c.Prevent direct entry of chemicals into any water source or stream.(3-31-22)

10.Daily Records of Chemical Applications.(3-31-22)

a.When pesticides are applied on forest land, the operator must maintain a daily record of spray operations which includes:(3-31-22)

i.Date and time of day of application.(3-31-22)

ii.Name and address of owner of property treated.(3-31-22)

iii.Purpose of the application.(3-31-22)

iv.Contractor’s name and applicator’s or pilot’s name.(3-31-22)

v.Location of project (section, township, range and county).(3-31-22)

vi.Air temperature (hourly).(3-31-22)

vii.Wind velocity and direction (hourly).(3-31-22) viii.Pesticides used including trade or brand name, EPA product registration number, mixture, application rate, carrier used and total amounts applied.(3-31-22)

b.Whenever fertilizers or soil amendments are applied, the operator must maintain a daily record of such application which includes Subsection 060.10 and the name of the fertilizer or soil amendment and application rate.(3-31-22)

c.The records required in Subsection 060.10 must be maintained in compliance with the recordkeeping requirements of IDAPA 02.03.03, “Rules Governing Pesticide and Chemigation Use and Application.”

d.All records required in Subsection 060.10 must be retained for three (3) years.(3-31-22)

11.Container Disposal. Chemical containers must be: cleaned and removed from the forest and disposed of in a manner approved by the Director in accordance with applicable local, state and federal regulations; or removed for reuse in a manner consistent with label directions and applicable regulations of a state or local health department. Open burning of containers is prohibited.(3-31-22)

12.Spills. In the event of a spill:(3-31-22)

a.All chemical accidents and spills must be reported immediately to the Director.(3-31-22)

b.Appropriate procedures must be taken immediately to control the spill source and contain the released material.(3-31-22)

c.The applicator must collect, remove, and dispose of spilled material in accordance with applicable local, state and federal law and in a manner approved by the Director.(3-31-22)

13.Misapplications. Whenever chemicals are applied to the wrong site or pesticides are applied in a manner inconsistent with the product label, the applicator must report those misapplications immediately to the Director.(3-31-22)

IDAPA 20.02.01.061 (Reserved)

IDAPA 20.02.01.070 Slashing Management

To provide for slashing and fire hazard management resulting from harvesting, forest management, forest tree species improvement, or defoliation caused by chemical applications necessary to protect reproduction and residual stands, reduce risk from fire, insects and disease or optimize the conditions for future forest tree species regeneration and to maintain air and water quality, fish and wildlife-habitat.(3-31-22)

02.Commercial Slash. Fuels and debris resulting from a forest practice involving removal of a commercial product must be managed as set forth in the Idaho Forestry Act, Title 38, Chapters 1 and 4, Idaho Code and the rules and regulations pertaining to forest fire protection.(3-31-22)

03.Non-Commercial Slash. Fuels and debris resulting from a forest practice where no commercial product is removed must be managed in a manner as hereinafter designated under authority of the Idaho Forest Practices Act, Title 38, Chapter 13, Idaho Code.(3-31-22)

a.Within ten (10) days or a time mutually agreed upon following receipt by the Department of the “Notification of Forest Practice” as provided in Subsection 020.05, the Department will make a determination of the potential fire hazard and hazard reduction and/or hazard offsets, if any, needed to reduce, abate or offset the fire hazard. This determination will be based on a point system found in Paragraph 070.03.e.(3-31-22)

b.The operator, timber owner and landowner will be notified in writing of the determination and of the hazard reductions and/or hazard offsets, if any, that must be accomplished by the operator, timber owner or landowner. The notification will specify a reasonable time period not to exceed twelve (12) months from the date the forest practice commenced the hazard reduction completion and will specify the number of succeeding years that on site improvements or extra protection must be provided.(3-31-22)

c.A release of all obligations under Subsection 070.03 will be granted in writing when the hazard reduction and/or hazard offsets have been accomplished. When hazard offsets are to be accomplished during succeeding years, the release will be conditioned upon the completion of the required hazard offsets. Notification of release will be mailed to the operator, timber owner and landowner within seven (7) days of inspection by the Department. Inspections by the Department will be made within ten (10) days of notification by the operator, timber owner or landowner unless otherwise mutually agreed upon.(3-31-22)

d.If the Department determines upon inspection that the hazard reduction or hazard offsets have not been accomplished within the specified time limit, the Department may grant extensions of time, each not to exceed three months, if the Director determines that a diligent effort has been made and that conditions beyond the control of the party performing the hazard reduction or hazard offsets prevented completion. If an extension is not granted the Department will proceed as required in Section 38-1307, Idaho Code (Idaho Forest Practices Act).(3-31-22)

e.For the purpose of determining the potential fire hazard and the appropriate hazard reduction and/or hazard offsets, the Department will use a point system with the following rating guides. A value of eighty (80) points or less for any individual forest practice under Subsection 070.03, as determined by the Department, will be sufficient to release the operator, timber owner and landowner of all further obligations under Subsection 070.03. Total points of the proposed forest practice will be determined from Tables I and II. If the total points are greater than eighty (80), modification of the thinning practice to reduce points may be made as determined by Tables I and II, slash hazard offsets may be scheduled to reduce points as determined by Table III or a combination of these options may be used to reduce the hazards to a point total of eighty (80) or less. Consideration will be given to the operator’s, timber owner’s and landowner’s preference in selecting the options to reduce the points to eighty (80) or less.

TABLE I – HAZARD POINTS

Hazard Points for Ponderosa Pine, Western Red Cedar or Western Hemlock 1 1 2 3 3 4 5 6 7 91016 2 3 6 9 1316222530364251 3 7 162532384651525659 4 92232405052 545660 5 1328405154565960 6 19365154586060 Hazard Points for Douglas Fir, Grand Fir or Engelmann Spruce 1 1 2 3 4 6 7 8 913 1622 2 4 7 131622283236425054 3 8 192836445153545860 4 102536465154575960 5 1632465256596060 6 22405256606060 Hazard Points for Western Larch, Lodgepole Pine or Western White Pine 1 1 2 2 3 4 4 5 6 8 913 2 3 6 8 1116192228323848 3 6 162532384651525659 4 8 1628364450525458 5 9 22324250535557 6 13284050535659 TABLE II - HAZARD POINTS WORKSHEET HAZARD CHARACTERISTICSHAZARD POINTS Fuel Quantity Hazard points from Slash Hazard Table I 1/ Record number of trees/acre to be cut Average D.B.H.

Predominant species Size of thinning block Points0 - 1516 - 3031 - 4546 - 60 1/ Acres2020 - 4040 - 8080 Site Factor Record Slope __________% Aspect ___________ Determine points from table below 1/ TABLE I – HAZARD POINTS TABLE III - HAZARD OFFSETS ASPECTPERCENT SLOPE 0 - 1920 - 3940 - 5960 E or NE051020 E or NW051030 W or SE0 103040 S or SW02040 60 1/ Max. 60 points Other Factors Condition of operating area before forest practice commences 0 - 20 points Condition of adjoining area0 - 20 points Presence of snags and culls0 - 5 points Deterioration rate of slash0 - 5 points Time of year forest practice operation10 points October thru December 2 points August thru September 4 points January thru April 7 points May thru July 10 points TOTAL FOREST PRACTICE AREA POINTS(Max. 240 points)

Offsets Hazard Point Deductions Physical Changes to the Hazard (1)

(1) Points will be proportional to the amount of hazard disposed of or modified.

Disposal by burning or removal.0 - 160 Modification by reducing depth through crushing, chipping or lopping.0 - 60 On Site Improvements Condition of main access road to forest practice area should allow movement of heavy trucks without difficulty. 0 - 5

IDAPA 20.02.01.071 Prescribed Fire

Prescribed fire is a land management tool. Smoke from prescribed fires can have adverse impacts on ambient air quality or public health. These rules establish a management system for smoke from prescribed fires that will protect air quality.(3-31-22)

02.Notification. The use of prescribed fire requires a valid notification in accordance with Subsection 020.05 to maintain air quality and to protect public health. Possession of a valid notification will not preclude meeting the fire safety requirements specified in Section 38-115, Idaho Code.(3-31-22)

03.Recommended Practices. To maintain air quality and protect public health the following practices are recommended:(3-31-22)

a.Slash and large woody debris piles should be compact and free of stumps, soil, snow, and nonwoody organic material.(3-31-22)

b.Piles should be fully cured, dried at least two (2) months, prior to ignition. Piles should be at least partially covered with a water-resistant material so they can be ignited after enough precipitation to lower the fire danger.(3-31-22)

c.Broadcast burns should be conducted within a prescription that minimizes adverse effects on air quality.(3-31-22)

d.Membership in good standing in a recognized Airshed Group is encouraged.(3-31-22)

IDAPA 20.02.01.072 (Reserved)

Access control to forest practice area provided by closure to public traffic. 0 - 5 Availability of water for tankers within one mile of forest practice area or within three miles for helicopter bucket use. Water supply to be sufficient to supply at least fifty thousand (50,000) gallons.

Buffer zones of unthinned areas at least two chains in width between roadways and thinned areas. 0 - 10 Fuel breaks with slash hazard removal around and/or through forest practice area, located so as to provide optimum fire control effect and of two to four chains in width. 0 - 25 Fire trails with fuel removed to expose mineral soil to a width of twelve (12) feet.

Maximum points allowed if combined with a fuel break.

Extra Protection Increased attack capability such as retardant availability, increased attack manpower and equipment. Must be in addition to regular forces normally available during the fire season. 0 - 40 Fire detection and prevention increased beyond that normally available for lands in the fire protection district.

Initial attack time based on proximity of forest practice area to initial attack forces.0 - 5 Landowner protection plan which would provide extra fire protection on a voluntary basis such as extra equipment and/or manpower. 0 - 5 Offsets Hazard Point Deductions

20.04.01 Rules Pertaining to Forest Fire Protection

IDAPA 20.04.01.000 Authority

This chapter is adopted under the legal authority of Sectio ns 38-115, 38-132, 38-402, 58-104(6), 58-105, and 67-5201 et seq., Idaho Code.(3-31-22)

IDAPA 20.04.01.001 Title and Scope

These rules are titled IDAPA 20.04.01 , “Rules Pertaining to Forest Fire Protection” and implement the provisions of Title 38 Chapter 1, Idaho Code. They provide standards for forest fire protection, permitting, and for firefighting water supply and tool requirements for Forest Operations.(7-1-25)

IDAPA 20.04.01.002 Incorporation by Reference

01.Incorporated Document. ID APA 20.04.01 adopts and incorporates by reference the full text of the following documents published by the San Dimas Technology & Development Center (SDTDC).(3-31-22)

a.Spark Arrester Guide – General Purpose and Locomotive (GP/Loco), Volume 1, September 2012, 1251 1809-SDTDC.(3-31-22)

b.Spark Arrester Guide – Multiposition Small Engine (MSE), Volume 2, August 2012, 1251 1808- SDTDC.(3-31-22)

c.Spark Arrester Guide – Off- Highway Vehicles (OHV), Volume 3, April 2012, 1251 1805-SDTDC.

(3-31-22)

02.Printed and Bound Copies. Printed copies or bound copies may be viewed at any District Office or requested through SDTDC, 444 E. Bonita Ave, San Dimas, 91773.(3-31-22)

IDAPA 20.04.01.003 (Reserved)

IDAPA 20.04.01.010 Definitions

The terms Fire Warden, Forest Land, Forest Products, Person, Range Land, Slash, and State are defined in Section 38-101, Idaho Code. In addition to the definitions set forth in the Idaho Forestry Act, the following definitions apply to these rules:(7-1-25)

01.Block. A piece of logging equipment where steel rope or cable turns the block’s pulley as part of a cable logging system. It is used to install tail hold anchor points, intermediate support of main lines, or carriage haulback capability for yarding or hauling trees or logs to a landing.(7-1-25)

02.Cable or Cable Assisted Logging. A harvest system for felling or yarding trees or logs for transport to a landing using a cable assisted harvester or a yarder, spar tree, or intermediate support with a motorized or non-motorized carriage.(7-1-25)

03.Closed Fire Season. The calendar period from May 10 to October 20 or as designated by the Director, due to conditions of unusual fire danger, when a permit is required to burn under Section 38-115, Idaho Code.(7-1-25)

04.Department. The Idaho Department of Lands.(3-31-22)

05.Director. The Director of the Idaho Department of Lands or their designee.(7-1-25)

06.District. A designated forest protective district under Section 38-110, Idaho Code.(7-1-25)

07.Forest Operation. An activity or service conducted on Forest Land involving any of the operations as described below where a Certificate of Compliance Fire Hazard Management Agreement and/or Forest Practice Notification are required under Sections 38-122, 38-404, and 38-1306, Idaho Code:(7-1-25)

a.The harvesting of trees including felling, bucking, yarding, delimbing, and decking;(7-1-25)

b.Thinning or mastication operations for stand improvement, stand density management or fuel reduction;(7-1-25)

c.Road construction or reconstruction including installation or improvement of bridges, culverts, or structures; or (7-1-25)

d.Slash management including chipping, grinding, or other mechanized reduction activities.

(3-31-22)

08.Metal-Tracked Harvester. Any machine with metal tracks used to fall, bunch, or process trees at the stump.(7-1-25)

09.Operator. A Person who conducts a Forest Operation.(7-1-25)

10.Operating Area. The area where a Forest Operation occurs.(7-1-25)

IDAPA 20.04.01.011 Spark Arrester Requirements and Exemptions

01.Requirements.

The steam or internal combustion engines referred to in Section 38-121, Idaho Code, must be equipped with properly installed, maintained, and effectively working spark arresters that comply with the standards set forth in the San Dimas Technology and Development Center’s “Spark Arrester Guide(s).” (7-1-25)

02.Exemptions. The following are exempt from the requirements of the rule:(7-1-25)

a.Turbo-charged internal combustion engines in which one hundred percent (100%) of the combustion gases exhaust through the turbo-charger;(7-1-25)

b.Engines of passenger-carrying vehicles and light trucks, kept in good repair, equipped with baffletype muffler and tailpipe which exhaust all combustion gases;(7-1-25)

c.Engines of heavy-duty trucks equipped with a vertical exhaust stack and muffler extending above the cab of the vehicle;(7-1-25)

d.Engines of water pumping equipment used in firefighting; and(7-1-25)

e.Engines of helicopters and other aircraft.(7-1-25)

IDAPA 20.04.01.012 (Reserved)

IDAPA 20.04.01.020 Variance from Rule for Alternate Practices

To apply practices that differ from thes e rules, the Operator must first obtain a variance.(7-1-25)

01.Obtaining a Variance. The Operator submits a written request for a variance to the District Fire Warden, which includes the following:(7-1-25)

a.A description of the specific Operating Area where the variance applies;(7-1-25)

b.The conditions that necessitate a variance;(7-1-25)

c.A detailed description of the alternate practice; and(7-1-25)

d.A detailed description of how the alternate practice provides fire protection that is no less than the protection provided by the standards in these rules.(7-1-25)

02.Department Response to Request for Variance. Within five (5) business days from receipt of the variance request, the Department will evaluate the request and notify the Operator in writing of its decision. (7-1-25)

IDAPA 20.04.01.021 (Reserved)

IDAPA 20.04.01.030 Standards for Fire Protection by Individuals

The following rules and standards apply to protection by owners of Forest Land who have elected to provide their own protection under Section 38-111, Idaho Code:(7-1-25)

01.Fire Plans. Before April 1 of each year, Forest Land owners must submit a written fire plan to the Director (through the Fire Warden of the District in which the Forest Land lies) that includes:(7-1-25)

a.A map (on a scale of two (2) inches to the mile) showing section, township, and range lines, roads, streams, trails, and the location of protection facilities of the Forest Land involved;(7-1-25)

b.A description of the system for discovering and reporting all fires originating on or spreading to the Forest Land involved;(7-1-25)

c.Statements describing the following:(7-1-25)

i.The number of firefighters and their sources of additional firefighter manpower available for immediate action to suppress any fire on the Forest Land;(7-1-25)

ii.The type and amount of equipment in serviceable condition including fire hose, fire engines, portable pumps, dozers, and mobile transportation for firefighting equipment and manpower.(7-1-25)

iii.The location of fire-tool caches and the number and kind of serviceable hand tools in each cache (including shovels, hoes, axes, and fire-pump cans) kept available for immediate firefighting use;(7-1-25)

iv.For protection facilities, the name, address, and telephone number of the person in charge and obligated to carry out the provisions of the fire plan;(7-1-25)

02.Approval of Fire Plan Required. Only plans approved by the Director are effective.(7-1-25)

IDAPA 20.04.01.031 (Reserved)

IDAPA 20.04.01.040 Costs of Fire Suppression for Willful or Negligent Fires

Costs, which are incurred by the State or its authorized agencies to control or extinguish a fire that any Person is willfully or negligently responsible for, are all actual costs including wages of personnel and use of equipment.

IDAPA 20.04.01.041 (Reserved)

IDAPA 20.04.01.050 Refuse Wood Burning Near Forest Land

Any saw mill, planing mill, shingle mill, or other woodworking or wood product manufacturing plant, operating in or within five hundred (500) feet of Forest Land and burning refuse wood material outside of and/or adjacent to the mill or plant, must meet the terms of Section 38-108, Idaho Code, and other applicable state and local laws and regulations.(7-1-25)

IDAPA 20.04.01.051 (Reserved)

IDAPA 20.04.01.060 Burn Permits During Closed Fire Season

The burn permit under Section 38-115, Idaho Code, protects publ ic health, safety, and welfare and is subject to the following conditions:(7-1-25)

01.When Required. Permits issued for open fires are required from May 10 through October 20 each year and are limited to the period of time needed to accomplish the permitted burning; provided that no permit will be issued to cover a period of more than ten (10) days.(7-1-25)

02.Conditions. Each permit contains the terms and conditions deemed necessary by the Director for burning. Such terms and conditions remain effective for the entire period of the permit.(7-1-25)

IDAPA 20.04.01.061 (Reserved)

IDAPA 20.04.01.070 Permit to Enter Areas Closed Due to Fire Hazard

Under Section 38-115, Idaho Code, the Director may close specified areas to entry by any Person, because of critical fire hazard.(7-1-25)

01.Notice of Closure. Notice of closure to specified areas is by Director proclamation and is communicated to the Fire Wardens of the affected Districts and the public throughout the county or counties affected in the most effective way available.(7-1-25)

02.Fire Warden Permits. The Fire Warden of the District with a closed area may, at their discretion, issue permits to a Person to enter closed areas. The permittee must carry a copy of the permit while in the closed area.

IDAPA 20.04.01.071 (Reserved)

IDAPA 20.04.01.080 Smoking Prohibitions in the Woods

01.Smoking. Smo king is prohibited on Forest or Range Land during periods of critical fire danger as proclaimed by the Director. Logging Operators must post conspicuous “NO SMOKING” signs in their camps and Operating Areas during these periods.(7-1-25)

02.Designating Smoking Areas. Fire Wardens may designate areas where the Director may allow smoking.(7-1-25)

IDAPA 20.04.01.081 (Reserved)

IDAPA 20.04.01.090 Restricted Activities During Proclaimed Critical Fire Danger

01.Critical Fire Danger.

During periods and in areas of critical fire danger as proclaimed by the Director, any Person engaged in any activities in forest areas of the State may have those activities restricted to the least dangerous periods of the day.(7-1-25)

02.Notice. Notice of restricted activities is by Director proclamation and is communicated to the Fire Wardens of the affected Districts and the public throughout the county or counties affected in the most effective way available.(7-1-25)

IDAPA 20.04.01.091 Fire Watch Service in Stage Two (2) Proclamation Areas

Every Operator engaged in a Forest Operatio n within a Stage Two (2) proclamation area must provide fire watch service in the Operating Area.(7-1-25)

01.Duties and Requirements. Fire watch service consists of at least one (1) person who:(7-1-25)

a.Is constantly on duty for three (3) hours after all power-operated equipment has been shut down for the day;(7-1-25)

b.Visually observes the Operating Area where activity occurred during the day;(7-1-25)

c.Has adequate equipment for transportation and communication to summon timely fire-fighting assistance; and(7-1-25)

d.Immediately responds to any fire in the Operating Area by initiating fire suppression actions within the scope of their knowledge, skills, and abilities.(7-1-25)

02.Fire Watch Service Exemption. A Forest Operation conducted under an Option 1 Certificate of Compliance is exempt from Subsection 091.01.(7-1-25)

IDAPA 20.04.01.092 (Reserved)

IDAPA 20.04.01.100 Fire Tool and Fire Extinguisher Requirements During Closed Fire Season

During Closed Fire Season the following fire tool requirements apply:(7-1-25) 01.

Basic Fire Cache. Every Operator engaged in any Forest Operation on Forest Land must have available for firefighting the number of tools and tool boxes listed in Table 1. A Forest Operation having more than ten (10) people must use multiples of the values in a column to arrive at a tool distribution no less than the number of people in the Forest Operation.

a.The tool boxes must be clearly marked “FOR FIRE USE ONLY.”(7-1-25)

b.The tools must be in a location immediately accessible for firefighting, maintained in a serviceable condition, and fully functional at the time of deployment.(7-1-25)

02.Warming Fires or Campfires. Except when in designated, developed campgrounds, or when traveling as a pedestrian, a Person igniting warming fires or campfires must be equipped with the following: (7-1-25)

a.One (1) serviceable shovel at least twenty-four (24) inches in length with at least a six (6) inch wide blade.(7-1-25)

b.One (1) water container, capacity one (1) gallon or more.(3-31-22)

03.Power Equipment. Each unit of mobile or stationary power equipment operating on Forest Land, other than portable power saws, trail bikes, motorcycles, all-terrain and similar type vehicles, must be equipped with a minimum of one (1) chemical fire extinguisher rated by the Underwriters Laboratory as no less than 4-BC. (7-1-25)

04.Portable Power Saw. Any Person using a portable power saw on Forest Land must have the following immediately available for fire prevention and suppression:(7-1-25)

a.A fully charged operable fire extinguisher of at least eight (8) ounce capacity.(7-1-25)

b.A serviceable round-pointed size zero (0) or larger shovel.(3-31-22)

IDAPA 20.04.01.101 (Reserved)

IDAPA 20.04.01.110 Fire Crews During Closed Fire Season

When engaged in a Forest Operation on Fo rest Land during Closed Fire Season, the Person responsible for the Forest Operation must designate a fire crew and a fire foreman (with powers to act for their employer). Without compromising the safety of the crew, the firefighters must take immediate, reasonable action within the scope of their knowledge, skills, and abilities to suppress any fire starting on the Operating Area.(7-1-25)

IDAPA 20.04.01.111 (Reserved)

IDAPA 20.04.01.120 Operating Area Seasonal Fire Prevention Requirements

TABLE 1

People in Operation2 - 56 - 89 - 10 Tool box111 Shovel245 Pulaski244 5 gallon Pump Cans or Bladder Bags112 To prevent the spread of fire in or from an Operating Area, every Operator conducting a Forest Operation using a Cable Logging System or a Metal-Tracked Harvester during the calendar period of July 1st through September 30th must comply with the following precautions: (7-1-25)

01.Water Supply, Water Delivery, and Readiness.(7-1-25)

a.The water supply will consist of a self-propelled motor vehicle or trailer equipped with a water tank containing no less than two hundred (200) gallons of water. Trailers used for water tanks will have a functional hitch attachment and have a serviceable tow vehicle immediately available for timely response. (7-1-25)

b.For water delivery, there will be a water pump, hose, and a nozzle.(7-1-25)

i.The water pump must be of sufficient capacity to provide at least twenty (20) gallons per minute when discharged at pump level through fifty (50) feet of at least three quarter (¾) inch inside diameter hose with an adjustable nozzle.(7-1-25)

ii.There must be at least five hundred (500) feet of serviceable hose of at least three quarter (¾) inch inside diameter and a nozzle.(7-1-25)

c.To ensure readiness:(7-1-25)

i.All hose, motor vehicles, trailers, tanks, nozzles, and pumps will be kept ready for immediate use during active operations, including the fire watch service described in Section 091.(7-1-25)

ii.The water supply, pump, at least two hundred (200) feet of immediately deployable hose, and the nozzle will be maintained as a connected, operating unit ready for immediate use.(7-1-25)

02.Additional Seasonal Requirements for Cable or Cable-Assisted Logging. When conducting a Cable or Cable Assisted Logging operation on Forest Land the Operator must:(7-1-25)

a.Clear the ground of all flammable debris for at least ten (10) feet slope distance from the point directly below any Block;(7-1-25)

b.Prevent moving lines from rubbing on rock or woody material that could create sparks or sufficient heat that may ignite fuel; and(7-1-25)

c.Provide at each Block:(7-1-25)

i.One (1) pump equipped can or bladder containing no less than five (5) gallons of water; and

ii.One (1) round pointed size zero (0) or larger shovel in a serviceable condition.(7-1-25)

03.Water Supply and Equipment Exemption. A Forest Operation conducted under an Option 1 Certificate of Compliance is exempt from the requirements of Subsection 120.01.(7-1-25)

IDAPA 20.04.01.121 (Reserved)

20.03.02 Rules Governing Mined Land Reclamation

IDAPA 20.03.02.000 Legal Authority

Title 47, Chapter 15, Idaho Code, Title 58, Chapter 1, Idaho Code, and Title 67, Chapter 52, Idaho Code. The Board has delegated to the Director of the Department the duties and powers under the Act and these rules; however, the Board retains responsibility for administrative review.(7-1-26)

IDAPA 20.03.02.001 Scope

These rules establish the notification requirements for exploration and the application, operation, and reclamation requirements for mined lands. In addition, they establish the application and closure requirements for cyanidation facilities. These rules also establish the reclamation and financial assurance requirements for all these activities, and describe the processes used to administer the rules in an orderly and predictable manner.(7-1-26)

1. Other Laws. Operators engaged in exploration, mine operation, and operation of a cyanidation facility must comply with all applicable laws and rules of the state of Idaho including, but not limited to the following:(7-1-26)

a.Title 39, Chapter 1, Idaho Code, and Title 39, Chapter 36, Idaho Code; IDAPA 58.01.02; and IDAPA 58.01.11.(7-1-26)

b.Title 39, Chapter 44, Idaho Code, IDAPA 58.01.05, and IDAPA 58.01.06.(7-1-26)

c.Section 39-118A, Idaho Code, and IDAPA 58.01.13.(7-1-26)

d.Section 39-175C, Idaho Code, and IDAPA 58.01.25.(7-1-26)

e.Title 42, Chapter 38, Idaho Code, and applicable rules.(7-1-26)

f.Sections 42-1710 through 42-1721, Idaho Code, and applicable rules.(7-1-26)

2. Applicability. These rules are to be read and applied in conjunction with the Act. These rules apply to all exploration, mining operations, and permanent closure of cyanidation facilities on all lands in the state, regardless of ownership.(7-1-26)

a.These rules apply to mining operations or exploration operations commenced after January 1, 1997.

These rules in no way affect, alter, or modify the terms or conditions of any approved reclamation plan, reclamation plan amendment, or financial assurance for reclamation obtained prior to January 1, 1997. If a material change arises and is regulated in accordance with Subsection 090.01, then the operator must submit a reclamation plan amendment.

b.These rules do not apply to:(3-18-22)

i.Any surface mining operations performed prior to May 31, 1972. An operator will not be required to perform reclamation activities on any pit or overburden pile as it existed prior to May 31, 1972.(3-18-22)

ii. Mining operations for which the Idaho Dredge and Placer Mining Protection Act requires a permit, or which are otherwise regulated by that act.(3-18-22)

iii. Extraction of minerals from within the right-of-way of a public highway by a public or governmental agency for maintenance, repair or construction of a public highway, provided the affected land is an integral part of such highway.(3-18-22)

iv. Underground mines that existed prior to July 1, 2019, and have not expanded their surface disturbance by 50% or more after that date.(3-18-22)

c.Sand and gravel mining operations in state-owned beds of navigable lakes, rivers or streams will constitute an approved mining plan for the purpose of these rules if the operator has all of the following: (7-1-26)

i.A valid riverbed mineral lease granted by the Board in accordance with IDAPA 20.03.05, with a valid mineral lease bond;(7-1-26)

ii. An approved plan of operations for the riverbed mineral lease; and(3-18-22)

iii. A valid stream channel alteration permit issued by the Idaho Department of Water Resources (IDWR).(7-1-26)

d.Surface mining operations, conducted by a public or governmental agency for maintenance, repair, or construction of a public highway, which:(3-18-22)

i.Disturb more than two (2) acres will comply with the provisions of Section 069; or (3-18-22)

ii. Disturb less than two (2) acres will comply with Subsections 060.04.a. through 060.04.e. (3-18-22)

e.A cyanidation facility with a permit approved by the Idaho Department of Environmental Quality (DEQ) prior to July 1, 2005, is subject to the applicable laws and rules for ore processing by cyanidation in effect on June 30, 2005; however, if there is a material modification or material expansion to a cyanidation facility after July 1, 2005, these rules will apply to the modification or expansion.(7-1-26)

IDAPA 20.03.02.002 (Reserved)

IDAPA 20.03.02.010 Definitions

In addition to the definitions set forth in the Act, the following definitions apply to these rules:(7-1-26)

1. Act. The Mined Land Reclamation Act, Title 47, Chapter 15, Idaho Code.(7-1-26)

2. Adit. A nearly horizontal passage from the surface into an underground mine.(3-18-22)

3. Approximate Previous Contour. A contour that is reasonably comparable to that contour existing prior to disturbance, or that blends with the adjacent topography.(3-18-22)

4. Authorized Land. The area of land specified in an application that may become affected lands at a mine or cyanidation facility.(7-1-26)

5. Best Management Practices (BMP). Practices, techniques or measures developed or identified by the designated agency and identified in the state water quality management plan which are determined to be a costeffective and practicable means of preventing or reducing pollutants generated from nonpoint sources to a level compatible with water quality goals.(3-18-22)

6. Coarse and Durable Rock Armor. A layer of rock placed on a slope to protect it from erosion.

The rock must be sufficiently sound, dense, durable, angular, resistant to weathering, and substantially free of fines.

The thickness must be at least equal to the dimension of the largest rock used, or eighteen (18) inches, whichever is greater.(7-1-26)

7. Department. The Idaho Department of Lands.(3-18-22)

8. Discharge. With regard to cyanidation facilities, when used without qualification, any spilling, leaking, emitting, escaping, leaching, or disposing of a pollutant into the waters of the state.(3-18-22)

9. Ground Water. Any water of the state that occurs beneath the surface of the earth in a saturated geological formation of rock or soil.(3-18-22)

10. Land Application. A process or activity involving application of liquids or slurries potentially containing cyanide from the cyanidation facility to the land surface for the purpose of treatment, neutralization, disposal, or groundwater recharge.(3-18-22)

11. Material Change. A change that deviates from the approved reclamation plan or permanent closure plan and causes one (1) or more of the following to occur:(3-18-22)

a.Results in a substantial adverse effect to the geotechnical stability of overburden disposal areas, topsoil, stockpiles, roads, embankments, tailings infrastructure, cyanidation facilities or pit walls;(7-1-26)

b.Substantially modifies surface water management or a water management plan, not to include routine implementation and maintenance of BMPs;(3-18-22)

c.Exceeds the authorized acreage; or(7-1-26)

d.Increases overall estimated reclamation costs by more than fifteen percent (15%).(3-18-22)

12. Material Modification or Material Expansion. With regard to cyanidation facilities: (3-18-22)

a.Any change to an approved cyanidation facility, except as provided in Subsection 010.12.b., that the Department determines will:(7-1-26)

i.Cause or increase the potential to cause degradation of waters, such as a new cyanidation process or cyanidation facility component; or(3-18-22)

ii. Change the capacity, location, or process of an existing cyanidation facility component; or iii. Change the site condition in a manner that is not adequately described in the original permit application.(3-18-22)

b.Reclamation and closure related activities at a cyanidation facility with an existing permit that did not actively add cyanide after January 1, 2005 are not material modifications or material expansions of the cyanidation facility.(3-18-22)

13. Material Stabilization. Managing or treating spent ore, tailings, other solids and/or sludges resulting from the cyanidation process to minimize waters or all other applied solutions from migrating through the material and transporting pollutants associated with the cyanidation facility to ensure that all discharges comply with all applicable standards and criteria.(3-18-22)

14. Motorized Earth-Moving Equipment. Backhoes, bulldozers, front-loaders, trenchers, core drills, and other similar equipment.(3-18-22)

15. Neutralization. Treatment of process waters such that discharge or final disposal of those waters does not, or will not, violate any applicable standards and criteria.(3-18-22)

16. Operating Plan. A plan that describes how a mining operation will be constructed and operated to avoid or minimize surface disturbance and potential impacts to waters of the state, and to prepare for final reclamation.(3-18-22)

17. Permanent Closure. Those activities that result in neutralization, material stabilization, and decontamination of cyanidation facilities or the facilities’ final reclamation.(3-18-22)

18. Permit. When used without qualification, any written authorization, license, or equivalent control document issued by the DEQ. This includes authorizations issued pursuant to the application, public participation, and appeal procedures in IDAPA 58.01.13, and those issued pursuant to the application, public participation, and appeal procedures in IDAPA 58.01.25.(7-1-26)

19. Pollutant. Chemicals, chemical waste, process water, biological materials, radioactive materials, or other materials that, when discharged, cause or contribute adverse effects to any beneficial use or for any other reason may impact waters of the state.(3-18-22)

20. Process Waters. Any liquids intentionally or unintentionally introduced into any portion of the cyanidation process. These liquids may contain cyanide or other minerals, meteoric water, ground or surface water, elements and compounds added to the process solutions for leaching or the general beneficiation of ore, or hazardous materials that result from the combination of these materials.(3-18-22)

21. Real Property. Land and appurtenances as defined in Section 55-101 , Idaho Code. (3-18-22)

22. Reclamation. The process of restoring an area affected by a mining operation or cyanidation facility to its original or another beneficial use, considering previous uses, possible future uses, and surrounding topography. The objective is to re-establish a diverse, self-perpetuating plant community, and to minimize erosion, remove hazards, and maintain water quality.(3-18-22)

23. Reclamation Plan. A plan using a combination of maps, drawings, and descriptions that describes how a mine is constructed and how reclamation of a mine’s affected land is accomplished.(3-18-22)

24. Revegetation. The establishment of the premining vegetation or a comparable vegetative cover on the land affected by mining operations.(7-1-26)

25. Shaft. A vertical or inclined passage from the surface into an underground mine.(3-18-22)

26. Surface Waters. The surface waters of the state of Idaho.(3-18-22)

27. Treatment. Any method, technique or process, including neutralization, that changes the physical, chemical, or biological character or composition of a waste for the purpose of disposal, or the end result of such action.(3-18-22)

28. Water Balance. An inventory and accounting process capable of being reconciled that integrates all potential sources of water that are entrained in the cyanidation facility or may enter into or exit from the cyanidation facility. The inventory must include the water holding capacity of specific structures within the facility that contain process water. The water balance is used to ensure that all process water and other pollutants can be contained as engineered and designed within a factor of safety as determined in the permanent closure plan.

29. Water Management Plan. A document that describes the results of the water balance and the methods that will be used to ensure that pollutants are not discharged from a cyanidation facility into waters of the state, unless permitted or otherwise approved by the DEQ.(3-18-22)

30. Waters of the State. All the accumulations of water, surface and underground, natural and artificial, public or private, or parts thereof that are wholly or partially within, flow through or border upon the state of Idaho. These waters will not include municipal or industrial wastewater treatment or storage structures or private reservoirs, the operation of which has no effect on waters of the state.(7-1-26)

IDAPA 20.03.02.011 (Reserved)

IDAPA 20.03.02.060 Exploration Operations and Reclamation

1. Diligence. All reclamation activities conducted on exploration sites must be performed in a good, workmanlike manner with all reasonable diligence, and as to a given exploration drill hole, road, or trench, within one (1) year after abandonment thereof.(7-1-26)

2. When Exploration Is Mining. Exploration operations may under some circumstances constitute mining operations as described in Section 47-1503(7), Idaho Code.(3-18-22)

3. Notification. Any operator desiring to conduct exploration using motorized earth-moving equipment to locate minerals for immediate or ultimate sale must notify the Department prior to or within seven (7) days after beginning exploration operations. The notification must include the information listed in Section 47- 1506(e), Idaho Code. No application fee or financial assurance is required for exploration that is not a mining operation.(7-1-26)

4. Exploration Reclamation (Less Than Two Acres). Every operator who conducts exploration affecting less than two (2) acres must:(7-1-26)

a.Regrade the affected lands to their approximate previous contour where possible;(7-1-26)

b.Conduct revegetation activities in accordance with Subsection 140.11. Unless otherwise required by a federal agency, one (1) pit or trench on a federal mining claim showing discovery, may be left open pending verification by federal mining examiners;(7-1-26)

c.Plug exploration drill holes within thirty (30) days of drilling the holes. Upon request, the Department may allow the holes to be temporarily left unplugged for up to a year, but until they are plugged the holes must be left so as to eliminate hazards to humans and animals;(7-1-26)

d.Reclaim pits or trenches on mining claims within one (1) year of verification if left open pending federal verification. The pits and trenches must not create a hazard to humans or animals prior to reclamation; and

e.Control nonpoint source pollution by reclaiming affected lands and adjoining lands and implementing appropriate Best Management Practices (BMPs).(7-1-26)

5. Exploration Reclamation (More Than Two Acres). Reclamation of lands where exploration has affected more than two (2) acres must be completed as set forth in Subsection 060.06 and all the following additional requirements:(7-1-26)

a.Abandoned exploration roads must be cross-ditched as necessary to minimize erosion. The Department may request in writing, or may be petitioned in writing, that a given road or road segment be left for a specific purpose and not be cross-ditched or revegetated. If the Department approves the petition, the operator cannot thereafter be required to conduct reclamation activities with respect to that given road or road segment. (7-1-26)

b.Ridges of overburden must be leveled to have a minimum width of ten (10) feet at the top.(7-1-26)

c.Peaks of overburden must be leveled to have a minimum width of fifteen (15) feet at the top.

d.Overburden piles must be reasonably prepared to control erosion.(3-18-22)

e.Abandoned lands affected by exploration must be top-dressed to the extent that such overburden is reasonably available from any pit or other excavation created by the exploration, with that type of overburden that minimizes erosion and promotes growth of vegetation that the operator elects to plant thereon.(7-1-26)

f.Any water containment structure created in connection with exploration must be reasonably prepared so as not to constitute a hazard to humans or animals.(3-18-22)

6. Additional Reclamation. The operator and the director may agree, in writing, to complete additional reclamation beyond the requirements established in the chapter and these rules.(3-18-22)

IDAPA 20.03.02.061 (Reserved)

IDAPA 20.03.02.068 Application Fees

1. Base Application Fees. The following base fee schedule will be used for all reclamation plans and permanent closure plans and amendments to those plans. For plans processed under Section 069 of these rules, this base fee covers up to twenty (20) hours of staff time for review and processing. For plans processed under Section 070 of these rules, the applicant may instead enter an agreement with the Department as described in Subsection 068.03 of these rules. The applicable acreage is based on the proposed reclamation plan area identified in the application:

2. Additional Fees for Applications Submitted Under Section 069. Plans processed under Section 069 of these rules that require more than twenty (20) hours of staff time due to an incomplete application will result in additional fees being charged. After a revised application has been received and determined to be complete with the exception of the fee, IDL will send an invoice to the operator at a rate of forty dollars per hour ($40/hour) for the additional review time over the initial twenty (20) hours. If this additional fee is not paid prior to the sixty (60) day approval deadline, the application will be denied. If the additional fee is paid within 30 days of the denial, the application will be considered complete and the time requirements of Subsection 080.03 will apply.(3-18-22)

3. Alternative Fee Agreement for Applications Submitted Under Section 070. In lieu of paying a fee at the time the application is submitted, an applicant under Section 070 of these rules may enter into an agreement with the Department for actual costs incurred to process an application, verify a reclamation cost estimate submitted under Section 47-1512(c), Idaho Code, and issue a final decision. The applicant must not commence operations until the terms of the agreement have been met, including that the Department has been reimbursed for all actual costs incurred for the permitting process.(7-1-26)

IDAPA 20.03.02.069 Application Procedure and Requirements for Quarries, Decorative

STONE, BUILDING STONE, AND AGGREGATE MATERIALS INCLUDING SAND, GRAVEL AND

CRUSHED ROCK.

1. Approval Required. No operator may conduct mining operations on any lands in the state until the reclamation plan has been approved by the Department, and the operator has filed the required financial assurance.

Approval of a reclamation plan by the Department is required even if approval of such plan has been or will be obtained from a federal agency.(7-1-26)

2. Application Package. The operator must submit a complete application package, for each separate mine or mine panel, before the reclamation plan will be approved. Separate mines are individual, physically disconnected operations. A complete application package consists of:(3-18-22)

a.An application provided by the Department;(7-1-26)

b.A map or maps of the proposed mining operation which includes the information required under Subsection 069.03;(7-1-26)

c.A reclamation plan, in map and narrative form, which includes the information required under Subsection 069.04;(7-1-26)

d.An out-of-state operator will designate an in-state agent authorized to act on behalf of the operator.

In case of an emergency that requires an action or actions to prevent environmental damage, both the operator and the authorized agent will be notified; and(7-1-26)

e.The correct fee listed in Section 068 of these rules.(3-18-22)

Type of PlanFee (Dollars)

Section 069 of these rules, Reclamation Plan 0 to 5 acresFive hundred ($500)

Section 069 of these rules, Reclamation Plan > 5 to 40 acresSix hundred ($600)

Section 069 of these rules, Reclamation Plan > 40 acresSeven hundred fifty ($750)

Section 070 of these rules, Reclamation Plan 0 to 100 acresOne thousand ($1,000)

Section 070 of these rules, Reclamation Plan > 100 to 1,000 acresOne thousand five hundred ($1,500)

Section 070 of these rules, Reclamation Plan > 1,000 acresTwo thousand ($2,000)

Section 071 of these rules, Permanent Closure PlanFive thousand ($5,000)

3. Map Requirements. A minimum of three (3) maps will be required. Based on individual site complexity, more than three (3) maps may be submitted to clearly identify map items listed in this section. Additional maps may be necessary to meet the requirements of Subsection 069.04.(7-1-26)

a.A vicinity map must be prepared on standard United States Geological Survey seven and one-half (7.5) minute quadrangle maps or equivalent. The map must show the proposed location with respect to roads and other readily identifiable local landmarks, and the approximate location and names, if known, of drainages, streams, creeks, or water bodies within one thousand (1,000) feet of the mining operation.(7-1-26)

b.A site detail map must be prepared to illustrate the proposed mining operation features. The site detail map must be of sufficient scale to show the following items:(7-1-26)

i.The location of existing and new access roads and main haul roads to be constructed or reconstructed in conjunction with the mining operation;(7-1-26)

ii. The approximate boundaries of lands designated for mining operations, including a legal description to the quarter-quarter section;(7-1-26)

iii. The approximate boundaries and acreage of the lands that will become affected land due to mining activity during the first year of operations;(7-1-26)

iv. The currently planned storage locations of fuel, equipment maintenance products, wastes, and chemicals;(7-1-26)

v.The currently planned location and configuration of pits, overburden piles, crusher reject materials, mineral stockpiles, topsoil storage, wash plant ponds and sediment ponds;(7-1-26)

vi. A surface ownership map of appropriate scale for boundary identification; and(7-1-26)

vii. At least two (2) scaled cross-sections by length and height showing surface profiles prior to mining, at the end of mining, and after reclamation is complete. All three (3) profiles may be represented in one (1) cross section.(7-1-26)

c.A drainage control map showing surface water drainage patterns and the location of BMPs that will be implemented to control erosion and water quality impacts during mining and reclamation activities; (7-1-26)

4. Reclamation Plan Requirements. Reclamation plans must be submitted in map and narrative form and include the following:(3-18-22)

a.Where waters of the state are likely to be impacted or when requested by the Department, documents identifying and assessing foreseeable, site-specific sources of water quality impacts from mining operations and proposed management activities, such as BMPs or other measures and practices, to comply with water quality requirements;(7-1-26)

b.Roads to be reclaimed;(3-18-22)

c.A description of activities for revegetation of affected lands including soil types, slopes, precipitation, seed rates, species, handling of topsoil or other growth medium, time of planting, method of planting and, if necessary, fertilizer and mulching rates;(7-1-26)

d.The planned reclamation of wash plant or sediment ponds;(3-18-22)

e.The location of any current 100-year floodplain in relation to the mining facilities if the floodplain is within one hundred (100) feet of the facilities, and the BMPs to be implemented that will keep surface waters from entering any pits and potentially changing the stream course.(7-1-26)

f.For operations over five (5) acres, an estimate of total reclamation cost to be used in establishing a financial assurance amount. See Section 120 of these rules for guidance on calculation of third-party reclamation costs.(7-1-26)

g.If construction, mining, or reclamation will be completed in phases, a description of the tasks to be completed in each phase, an estimated schedule, and proposed adjustments of financial assurance related to each phase.(3-18-22)

IDAPA 20.03.02.070 Application Procedure and Requirements for Other Mining Operations

INCLUDING HARDROCK, UNDERGROUND AND PHOSPHATE MINING.

1. Reclamation Plan Approval Required. Approval of a reclamation plan by the Department is required even if approval of such plan has been or will be obtained from a federal agency. No operator may conduct mining operations on any lands in the state until the reclamation plan has been approved by the Department, and the operator has filed the required financial assurance.(7-1-26)

2. Application Package. The operator must submit a complete application package for each separate mine or mine panel before the reclamation plan will be approved. Separate mines are individual, physically disconnected operations. A complete application package consists of:(3-18-22)

a.All items and information required or allowed under Section 069 of these rules;(3-18-22)

b.Any additional information required by Subsection 070.04 of these rules; and(7-1-26)

c.An operating plan, if required by Section 47-1506(b), Idaho Code, prepared in accordance with Subsection 070.05 of these rules.(3-18-22)

3. Map Requirements. Maps must be prepared in accordance with Subsection 069.03 of these rules with the addition of any tailings infrastructure or process fluid ponds.(7-1-26)

4. Reclamation Plan Requirements. Reclamation plans must include all of the information required under Subsection 069.04, including but not limited to phases as described in Subsection 069.04.h, and the following additional information:(7-1-26)

a.A description of the planned reclamation of overburden disposal areas, tailings infrastructure, and sediment ponds; and(7-1-26)

b.An estimate of total reclamation cost to be used in establishing the financial assurance amount. See Section 120 of these rules for guidance on calculation of third-party reclamation costs.(7-1-26)

c.To assist in meeting the requirements of Subsection 069.04.a. in these rules, a summary of requirements from a stormwater pollution prevention plan (SWPPP), Idaho pollution discharge elimination system (IPDES) permit, ground water Point of Compliance (POC), and other permits or approvals or BMPs related to foreseeable water quality impacts on the affected land.(7-1-26)

d.Structures that will be built to help implement a SWPPP, IPDES permit, POC, or other permits or approvals related to foreseeable water quality impacts on the affected land.(7-1-26)

e.Additional information regarding coarse and durable rock armor if any is proposed for mine facility reclamation. The Department may, after considering the type, size, and potential environmental impact of the facility, require the operator to include additional information in the reclamation plan. Such information may include, but is not limited to, one (1) or more of the following:(7-1-26)

i.A description of the quantities, size, geologic characteristics, and durability of the materials to be used for final reclamation and armoring.(3-18-22)

ii. A description of how the coarse and durable materials will be handled and/or stockpiled, including a schedule for such activities that will ensure adequate quantities are available during reclamation.(3-18-22)

f.The Department may, after considering the type, size, and potential environmental impact of the facility, require the operator to provide a geotechnical analysis and report. If failure of these structures can reasonably be expected to impact adjacent surface or ground waters, or adjacent private or state-owned lands, the analysis may be required to consider the long-term stability of these structures, the potential for ground water accumulation, and the expected seismic accelerations at the site. The report must bear the imprint of an Idaho licensed professional engineer that is both signed and dated by the engineer. The report must show that the following features, if present, are designed in a manner that is consistent with industry standards to minimize the potential for failure of: (7-1-26)

i.Waste rock or overburden stockpiles;(7-1-26)

ii. Pit walls proposed to be more than one hundred (100) feet high; and(7-1-26)

iii. Pit walls where geologic conditions could lead to failure of the wall regardless of the height.

g.Underground mines must provide the following additional information:(3-18-22)

i.Location and dimensions of all underground mine openings at the ground surface, including but not limited to vents, shafts, and adits; and(3-18-22)

ii. A description of how each mine opening in subparagraph 070.04.g.i of these rules will be secured during reclamation to eliminate hazards to human health and safety.(3-18-22)

h.A description of post-closure activities that includes the proposed length of the post-closure period and the following:(3-18-22)

i.A summary of procedures and methods for water management including any likely IPDES permit, stormwater permit, and monitoring required for any ground water POC, along with sufficient information to support a cost estimate for such water management activities.(7-1-26)

ii. Care and maintenance for facilities after mining has ceased.(3-18-22)

i.Other pertinent information the Department has determined is necessary to ensure that the operator will comply with the requirements of the Act.(7-1-26)

5. Operating Plan Requirements. A complete operating plan must consist of:(7-1-26)

a.Ore, tailings, and waste rock handling flow sheets and diagrams.(3-18-22)

b.Waste rock management plan.(3-18-22)

c.Water quality monitoring locations.(3-18-22)

d.Anticipated concurrent reclamation prior to the cessation of mining.(3-18-22)

e.Estimated throughput and timeline for mining and ore processing.(7-1-26)

f.Types of ore processing and beneficiation.(3-18-22)

g.Process fluid pond volumes and anticipated contents, if applicable.(3-18-22)

6. Monitoring Data. The Department will, as needed and through consultation with DEQ, obtain the operator’s baseline data on ground water or surface water gathered during the planning and permitting process for the operation, and may require the operator to furnish additional monitoring data during the project duration. This will not require any additional monitoring data where such data is already provided under an IPDES permit, SWPPP, ground water POC, or other federal or state requirements for collecting surface or ground water data.(7-1-26)

IDAPA 20.03.02.071 Application Procedure and Requirements for Permanent Closure of

CYANIDATION FACILITIES.

1. Permanent Closure Plan Approval Required. No operator may operate a new cyanidation facility or materially modify or materially expand an existing cyanidation facility prior to obtaining a permit, approval from the Department, and before the operator has filed financial assurance, as required by these rules.

2. Permanent Closure Plan Requirements. A permanent closure plan must:(7-1-26)

a.Identify the current owner of the cyanidation facility and the party responsible for the permanent closure and the long-term care and maintenance of the cyanidation facility;(3-18-22)

b.Include a timeline showing:(3-18-22)

i.The schedule to complete permanent closure activities, including neutralization of process waters and material stabilization, and the time period for which the operator is responsible for post-closure activities; and ii. If the operator plans to complete construction, operation, and/or permanent closure of the cyanidation facility in phases, the schedule to begin each phase of construction, operation, and/or permanent closure activities and any associated post-closure activities.(3-18-22)

c.Provide the objectives, methods, and procedures that will achieve neutralization of process waters and material stabilization during the closure period and through post-closure;(3-18-22)

d.Provide a water management plan from the time the cyanidation facility is in permanent closure through the defined post-closure period. The plan must be prepared in accordance with IDAPA 58.01.13, administered by the DEQ, as required to meet the objectives of the permanent closure plan.(7-1-26)

e.Include the schematic drawings for all BMPs that will be used during the closure period, through the defined post-closure period, and a description of how the BMPs support the water management plan, and an explanation of the water conveyance systems that are planned for the cyanidation facility.(3-18-22)

f.Provide proposed post-construction topographic maps and scaled cross-sections showing the configuration of the final heap or tailing facility, including the final cap and cover designs and the plan for long-term operation and maintenance of the cap. Caps and covers used as source control measures for cyanidation facilities must be designed to minimize the interaction of meteoric waters, surface waters, and ground waters with wastes containing pollutants that are likely to be mobilized and discharged to waters of the state. Prior to approval of a permanent closure plan, engineering designs and specifications for caps and covers must bear the imprint of an Idaho licensed professional engineer that is both signed and dated by the engineer;(3-18-22)

g.Include monitoring plans for surface and ground water during closure and post-closure periods, adequate to demonstrate water quality trends and to ensure compliance with the stated permanent closure objectives and the requirements of the Act;(7-1-26)

h.Provide an assessment of the potential impacts to soils, vegetation, and surface and ground waters for all areas to be used for the land application system and provide a mitigation plan, as appropriate.(3-18-22)

i.Provide information on how the operator will comply with 42 United States Code Section 6901 et seq.; Title 39, Chapter 44, Idaho Code; Title 39, Chapter 74, Idaho Code; and appropriate state rules, during operation and permanent closure;(7-1-26)

j.Provide sufficient detail to allow the operator to prepare an estimate of the reasonable costs to implement the permanent closure plan;(3-18-22)

k.Provide an estimate of the reasonable estimated costs to complete the permanent closure activities specified in the permanent closure plan in the event the operator fails to complete those activities. The estimate must:

i.Identify the incremental costs of attaining critical phases of the permanent closure plan and a proposed financial assurance release schedule;(3-18-22)

ii. Assume that permanent closure activities will be completed by a third party whose services are contracted for by the Board as a result of a financial assurance forfeiture under Section 47-1513, Idaho Code.

l.Describe any phases proposed for construction, operation, and/or permanent closure of the cyanidation facility including:(7-1-26)

i.How these activities will be phased and how, after the first phase of activities, each subsequent phase will be distinguished from the previous phase or phases; and(7-1-26)

ii. How any required post-closure activities will be addressed during and after each subsequent phase has begun.(7-1-26)

m.Provide any additional information that may be required by the Department to ensure compliance with the objectives of the permanent closure plan and the requirements of the Act.(7-1-26)

3. Preapplication Conference. Prospective applicants are encouraged to meet with the Department well in advance of preparing and submitting an application package to discuss the anticipated application requirements and application procedures, and to arrange for a visit or visits to the proposed location of the cyanidation facility. The preapplication conference may trigger a period of collaborative effort between the Department, the DEQ, and the applicant in developing checklists to be used by the agencies in reviewing an application for completion, accuracy, and protectiveness.(3-18-22)

4. Application Package for Permanent Closure. An application and its contents submitted to the Department will be used to determine whether an applicant can complete all permanent closure activities in conformance with all applicable state laws. An application must provide information in sufficient detail to allow the Department to make necessary application review decisions regarding cyanidation facility closure and protection of public health, safety, and welfare, in accordance with the Act. A complete application package must be submitted to the Department and will consist of:(7-1-26)

a.A Department application form.(7-1-26)

b.Evidence that the applicant is authorized by the Secretary of State to conduct business in the state of Idaho;(3-18-22)

c.A permanent closure plan as prescribed in Subsection 071.02;(3-18-22)

d.The DEQ application and supporting materials; and(7-1-26)

e.The fee as defined in Subsection 071.05.a.(3-18-22)

5. Application Fee. The application fee will consist of two (2) parts:(7-1-26)

a.Processing and review fee.(3-18-22)

i.The applicant must pay a nonrefundable five thousand dollar ($5,000) fee upon submission of an application. Within thirty (30) days of receiving an application and this fee, the Department will provide a detailed cost estimate to the operator which includes a description of the scope of the Department’s review; the assumptions on which the Department’s estimate is based; and an itemized accounting of the anticipated number of labor hours, hourly labor rates, travel expenses and any other direct expenses the Department expects to incur, and indirect expenses equal to ten percent (10%) of the Department’s estimated direct costs, as required to satisfy its statutory obligation pursuant to the Act.(7-1-26)

ii. If the Department’s estimate is greater than five thousand dollars ($5,000), the applicant may agree to pay a fee equal to the difference between five thousand dollars ($5,000) and the Department’s estimate, or may commence negotiations with the Department to establish a reasonable fee.(3-18-22)

iii. If, within twenty (20) days from issuance of the Department’s estimate, the Department and applicant cannot agree on a reasonable application processing and review fee, the applicant may appeal to the Board.

The Board will:(7-1-26)

(1) Review the Department’s estimate;(3-18-22)

(2) Conduct a hearing where the applicant is allowed to give testimony to the Board concerning the Department’s estimate; and(3-18-22)

(3) Establish the amount of the application review and processing fee.(3-18-22)

iv. If the fee is more than five thousand dollars ($5,000), the applicant must pay the balance of the fee within fifteen (15) days of the Board’s decision or withdraw the application.(7-1-26)

v.Nothing in this section will extend the time in which the Board must act on a plan submitted.

b.Permanent closure cost estimate verification fee.(3-18-22)

i.Pursuant to Section 47-1506(g) and 47-1508(f), Idaho Code, the Department may employ a qualified independent party, acceptable to the operator and the Board, to verify the accuracy of the permanent closure cost estimate.(3-18-22)

ii. The applicant is solely responsible for paying the Department’s cost to employ a qualified independent party to verify the accuracy of the permanent closure cost estimate. The applicant may participate in the Department’s processes for identifying qualified parties and selecting a party to perform this work.(3-18-22)

iii. If a federal agency has responsibility to establish the financial assurance amount for permanent closure of a cyanidation facility on federal land, the Department may employ the firm retained by the federal agency to verify the accuracy of the permanent closure cost estimate. If the Department chooses not to employ the firm retained by the federal agency, it will provide a written justification explaining why the firm was not employed.

IDAPA 20.03.02.072 (Reserved)

IDAPA 20.03.02.080 Procedures for Review and Decision Upon an Application for a

RECLAMATION PLAN OR PERMANENT CLOSURE PLAN.

1. Return of Application. An application may be returned for correction and resubmission if either the reclamation plan or permanent closure plan are incomplete. Permanent closure plans must be returned within thirty (30) days of submittal if they are incomplete. Return of an application by the Department will constitute a rejection in accordance with Section 47-1507(b), Idaho Code.(7-1-26)

2. Agency Notification and Comments.(3-18-22)

a.Nonconfidential materials submitted under Sections 069, 070, and 071 will be forwarded by the Department to IDWR, DEQ, and Department of Fish and Game for review and comment. The Department may decide not to circulate applications submitted under Section 069 if the Department determines the impacts of the proposed activities are minor and do not involve surface or ground waters. The Department may provide public notice on receipt of a reclamation plan or permanent closure plan. In addition, nonconfidential contents of an application will be provided to individuals who request the information in writing.(7-1-26)

b.Upon receipt of a complete application for a reclamation plan or a permanent closure plan, the Department will provide notice to the cities and counties where the mining or cyanidation facility operation is proposed, in accordance with Section 47-1505(7), Idaho Code..(7-1-26)

3. Inspection. The Department may determine that an inspection of the proposed mining site or cyanidation facility location is necessary if the inspection will provide additional information or otherwise aid in processing the application.(7-1-26)

a.If an inspection is determined necessary, the applicant will be contacted and asked that they or an authorized employee or agent be present at a mutually agreeable time. The Department may proceed with an inspection if the applicant or their designated employee or agent does not appear.(7-1-26)

b.If weather conditions preclude an inspection, the Department will provide written notice to the applicant that review of the application has been suspended until weather conditions permit an inspection, and that the schedule for a decision will be extended up to thirty (30) days after weather conditions permit such inspection in accordance with Section 47-1507(c), Idaho Code.(7-1-26)

4. Public Hearing. The Department may call a public hearing to determine whether a proposed application complies with the Act and these rules. A hearing will be conducted in accordance with Section 110 of these rules.(7-1-26)

5. Referral to Board. The Department may refer the decision concerning an application to the Board.

This action will not extend the time period for a decision to approve or deny an application.(7-1-26)

6. Decision on Reclamation Plans. The Department will review a new reclamation plan or an amended reclamation plan pursuant to Section 47-1507 and 47-1508, Idaho Code.(7-1-26)

a.Approval.(3-18-22)

i.Within sixty (60) days of receipt of an application that complies with Subsections 069 and 070 of these rules, the Department shall provide written notice to the applicant that the reclamation plan or any amendment(s) to an approved reclamation plan is approved or denied and, if approved, the financial assurance amount required; or(7-1-26)

ii. If the Department does not take action within sixty (60) days, a reclamation plan or any amendments thereof is deemed to comply with the Act, unless the sixty (60) day period is extended pursuant to Section 47-1507(c), Idaho Code.(7-1-26)

7. Decision on Cyanidation Facility Permanent Closure Plans. Pursuant to Section 47-1507 and 47-1508, Idaho Code, following review of a complete application, the Department will:(7-1-26)

a.Coordination with DEQ. Initiate a coordinated interagency review of the application by providing a notice in writing to the DEQ Director that the Department has received an application for permanent closure of a cyanidation facility;(3-18-22)

b.Approval.(3-18-22)

i.Within one-hundred eighty (180) days of receipt of an application that complies with Subsection 071.04 of these rules, the Department shall provide written notice to the applicant that the permanent closure plan is approved or denied and, if approved, the permanent closure financial assurance amount required; or(7-1-26)

ii. If the Department does not take action within one-hundred eighty (180) days, a permanent closure plan, or any amendments thereof, is deemed to comply with the provisions of the Act, unless the one hundred eighty (180) day period is extended in accordance with Section 47-1507(c), Idaho Code.(7-1-26)

8. Permanent Closure Plan Approval.(3-18-22)

a.The Department may condition its approval on issuance of a permit by the DEQ for the cyanidation facility.(3-18-22)

b.Except for the concurrent and additional permanent closure requirements that may be established in a permit issued by the DEQ pursuant to Section 39-118A, Idaho Code and IDAPA 58.01.13, an approved permanent closure plan shall define the nature and extent of the operator’s obligation under the Act.(7-1-26)

c.The permanent closure plan, as approved by the Department in coordination with the DEQ, will be incorporated by reference into the cyanidation facility permit issued by DEQ as a permit condition and will be enforceable as such. The operator shall ensure that closure complies with the approved permanent closure plan and any additional permanent closure requirements as outlined in the permit issued by DEQ.(3-18-22)

d.No sooner than one hundred and twenty (120) days after an application for a permanent closure plan has been submitted to the Department, the applicant may submit a reclamation plan as required by Section 070 of these rules. The Department will review and approve the reclamation plan in accordance with Subsection 080 of these rules.(3-18-22)

e.Approval of a permanent closure plan by the Department is required even if approval of such plan has been or will be obtained from an appropriate federal agency.(3-18-22)

9. Denial of an Application. If the Department rejects an application, it will deliver in writing to the applicant a statement of the reasons the application has been rejected, the factual findings upon which the rejection is based, a statement of the applicable statute(s) and rule(s), the manner in which the application failed to fulfill the requirements of these rules, and the action that must be taken or conditions that must be satisfied to meet the requirements of the Act and these rules. The applicant may submit an amended application in accordance with Sections 069, 070 or 071 of these rules for review and, if appropriate, approval by the Department. The Department will deny a reclamation plan, permanent closure plan, or any amendments thereof if:(7-1-26)

a.The application is inaccurate or incomplete;(3-18-22)

b.The cyanidation facility as proposed cannot be conditioned for construction, operation, and closure to protect public safety, health, and welfare, in accordance with the scope and intent of these rules, or to protect beneficial uses of the waters of the state, as determined by the DEQ pursuant to Section 39-118A, Idaho Code and IDAPA 58.01.13, and other DEQ rules cited therein.(7-1-26)

10. Appeal of Final Order. Any final order of the Board regarding an application for a mining reclamation plan or for permanent closure of a cyanidation facility may be appealed as set forth in Section 47-1514, Idaho Code.(3-18-22)

IDAPA 20.03.02.081 (Reserved)

IDAPA 20.03.02.090 Amending an Approved Reclamation Plan

1. Cause for Reclamation Plan Amendment. In the event circumstances arise that necessitate amendments to an approved reclamation plan, the operator must submit an application to amend the plan and state the reasons the amendment is necessary. Either the operator or the Department may initiate a process to amend an approved reclamation plan. If the Department identifies a material change it believes requires a change in the reclamation plan, it will deliver in writing to the operator a detailed statement identifying the material change and the action(s) necessary to address the material changes. Plan amendments have the same requirements as described in Section 069 and 070 of these rules.(7-1-26)

2. Review of Amendment. The Department will process an application to amend a plan in accordance with Sections 080 and 110 of these rules, provided, however, that no land or aspect or provision of an approved reclamation plan that would not be affected by the proposed amendment, is subject to the amendment, review or reapproval in connection with processing the application. Approval of an amendment will not be conditioned upon the performance of any actions not required by the approved reclamation plan or the proposed amendment itself unless the operator agrees to perform such actions.(7-1-26)

3. Adjustments. Adjustments to an approved reclamation plan may be made by agreement between the Department and the operator if the adjustment is consistent with the overall objectives of the approved reclamation plan and so long as applicable surface and ground water quality standards will be met. Adjustments are due to changes that are smaller than material changes.(7-1-26)

IDAPA 20.03.02.091 Amending an Approved Permanent Closure Plan

1. Cause for Permanent Closure Plan Amendment. In the event circumstances arise that necessitate amendments to an approved permanent closure plan, the operator must submit an application to amend the permanent closure plan and state the reasons the amendment is necessary. Either the operator or the Department may initiate a process to amend an approved permanent closure plan. Circumstances that could require a permanent closure plan to be amended include:(7-1-26)

a. A material modification or material expansion in the cyanidation facility design or operation for which the approved permanent closure plan is no longer adequate;(3-18-22)

b.Conditions substantially different from those anticipated in the original permit for which the approved permanent closure plan is no longer adequate; or(3-18-22)

c.A material change as defined in Subsection 010.10 of these rules.(7-1-26)

2. Modifications at an Operator’s Request. Requests from an operator to modify a permanent closure plan must be submitted to the Department in writing. The Department will process an application for amendment in accordance with Section 080 of these rules. An application to amend a permanent closure plan must include:(7-1-26)

a.A written description of the circumstances that necessitate the amendment;(3-18-22)

b.Data supporting the request;(3-18-22)

c.The proposed amendment;(3-18-22)

d.A description of how the amendment will impact the estimated cost to complete permanent closure pursuant to the Act;(7-1-26)

e.A cost estimate to implement the amended permanent closure plan, prepared in accordance with Subsection 071.02 of these rules; and(3-18-22)

f.Payment of a reasonable fee as may be determined by the Department in accordance with Section 47-1508, Idaho Code.(7-1-26)

3. Modification at Request of Department. If, following consultation with the DEQ, the Department determines that cause exists to amend the permanent closure plan it will notify the operator in writing of its determination and explain the circumstances that have arisen which require the permanent closure plan to be amended. Within thirty (30) days or as agreed by the operator and the Department, the operator must submit an application to amend the permanent closure plan in accordance with Subsection 091.02.(7-1-26)

4. Adjustment. Adjustments to an approved permanent closure plan may be made by agreement between the Department and the operator, if the adjustment is consistent with the overall objectives of the approved permanent closure plan and so long as applicable surface and ground water quality standards will be met. (7-1-26)

IDAPA 20.03.02.092 (Reserved)

IDAPA 20.03.02.100 Deviation from an Approved Reclamation Plan

1. Unforeseen Events. If a mining operator finds that unforeseen events or unexpected conditions require immediate change from an approved plan, the operator may continue mining in accordance with the procedures dictated by the changed conditions, pending submission and approval of an amended plan, even though operations do not comply with the approved reclamation plan on file with the Department. This will not excuse the operator from complying with the requirements of Sections 140 and 120 of these rules.(7-1-26)

2. Notification. The operator must notify the Department, in writing, within ten (10) days of the discovery of conditions that require deviation from the approved plan. A proposed amendment to the reclamation plan must be submitted by the operator within thirty (30) days of the discovery of those conditions.(7-1-26)

IDAPA 20.03.02.101 (Reserved)

IDAPA 20.03.02.110 Public Hearing

1. Call for a Hearing. A public hearing called by the Department following receipt of a complete application submitted in accordance with Sections 069, 070, or 071 of these rules is conducted in accordance with Section 47-1507(d), Idaho Code. The Department may call for a hearing following the preliminary review of an application for a new operation or an amendment application for an existing operation when one (1) or more of the following circumstances arises:(7-1-26)

a.Public Concern. The public, potentially affected landowners, any governmental entity, or any other interested parties who may be affected by the operations proposed under the Act have registered, in writing, a concern with the Department regarding the proposed operations or cyanidation facility. The purpose of the public hearing is to gather written and oral comments as to whether the proposed reclamation plan or permanent closure plan meets the requirements of the Act and these rules.(7-1-26)

b.Agency Concern. The Department determines, after consultation with the IDWR, DEQ, the Department of Fish and Game, and affected Indian tribes that the proposed mining or cyanidation facility operations could reasonably be expected to significantly degrade adjacent surface and/or ground waters or otherwise threaten public health, safety or welfare. The purpose of a public hearing held under this subsection will be to receive written and oral comments on the measures the operator is proposing to use to protect surface and/or ground water quality from nonpoint source pollution.(7-1-26)

2. Consolidation. If the Department determines that a hearing should be held, it will order that such proceedings be consolidated. The applicant and the public will be advised of the specific subjects to be discussed at the hearing at least twenty (20) days prior to the hearing. The Department will coordinate with the DEQ, as appropriate, for any hearings relating to permanent closure of a cyanidation facility to streamline application processing.(7-1-26)

3. Location. A hearing will be held in the locality of the proposed mine or a proposed cyanidation facility at a reasonably convenient time and place for public participation. The Department may call for more than one hearing when conditions warrant.(7-1-26)

4. Notice of Hearing. The Department will provide at least twenty (20) days’ advance notice of the date, time, and place of the hearing to: federal, state, and local governmental agencies, Indian tribes who may have an interest in the decision as shown on the application, and the public; to all persons who petitioned for a hearing; and to any person identified by the applicant under Subsection 070.02 as a legal owner of the land that will likely be affected by the proposed operations. Notice to the applicant will be sent by certified mail and postmarked not less than twenty (20) days before the scheduled public hearing date.(7-1-26)

5. Publication of Notice. The Department will provide at least twenty (20) days advance notice to the general public of the date, time, and place of the hearing. A newspaper advertisement will be placed once a week, for two (2) consecutive weeks, in the locale of the area covered by the application.(7-1-26)

a.In the event a hearing is ordered under Section 110, the notice will describe:(7-1-26)

i.The potentially significant surface water quality impacts from the proposed mining operation and the operator’s description of the measures that will be used to prevent degradation of adjacent surface and ground waters from sources of pollution; or(3-18-22)

ii. The objectives of a permanent closure plan that have been submitted for review.(3-18-22)

b.A copy of the application will be placed for review in a public place in the local area of the proposed mining operation or cyanidation facility, in the closest Department area office, and the Department’s administrative office in Boise.(3-18-22)

6. Hearing Officer. The hearing will be conducted by the Department or its designated representative. Both oral and written testimony will be accepted. Proceedings of the hearing will be recorded and a verbatim transcript will be prepared.(7-1-26)

7. Consideration of Hearing Record. The Department will consider the hearing record when reviewing reclamation plans or permanent closure plans for final approval or rejection.(3-18-22)

IDAPA 20.03.02.111 Completion of Permanent Closure

1. Implementation of a Permanent Closure Plan. Unless otherwise specified in the approved permanent closure plan, an operator must begin implementation of the approved permanent closure plan as follows:

a.Within two (2) years of the final addition of new cyanide to the ore process circuit; or (3-18-22)

b.If the product recovery phase of the cyanidation facility has been suspended for a period of more than two (2) years.(3-18-22)

2. Submittal of a Permanent Closure Report. The operator must submit a permanent closure report to the Department for review and approval. A permanent closure report must be of sufficient detail for the Department and DEQ to issue a determination that permanent closure, as defined by Subsection 010.17 of these rules, has been achieved. The permanent closure report must address:(7-1-26)

a.The effectiveness of material stabilization;(3-18-22)

b.The effectiveness of the water management plan and the adequacy of the monitoring plan;

c.The final configuration of the cyanidation facility and its operational/closure status; (3-18-22)

d.The post-closure operation, maintenance, and monitoring requirements, and the estimated reasonable cost to complete those activities;(3-18-22)

e.The operational/closure status of any land application site of the cyanidation facilities; (3-18-22)

f.Source control systems that have been constructed or implemented to eliminate, mitigate, or contain short- and long-term discharge of pollutants from the cyanidation facility, unless otherwise approved;

g.The short- and long-term water quality trends in surface and ground water through the statistical analysis of the existing monitoring data pursuant to the ore-processing by cyanidation permit;(3-18-22)

h.Ownership and responsibility for the site upon permanent closure during the defined post-closure period;(3-18-22)

i.The future beneficial uses of the land, surface and ground waters in and adjacent to the closed cyanidation facilities; and(3-18-22)

j.How the permanent closure of the cyanidation facility complies with the Resource Conservation and Recovery Act, Hazardous Waste Management Act, Solid Waste Management Act, and appropriate rules.

3. Review of a Permanent Closure Report. The Department will immediately forward a copy of the permanent closure report to DEQ for their review and comment.(3-18-22)

IDAPA 20.03.02.112 Decision to Approve or Disapprove of a Permanent Closure Report

1. Receipt of a Permanent Closure Report. Within sixty (60) days of receipt of a permanent closure report, the Department will issue to the operator a determination of approval or disapproval of the permanent closure report.(7-1-26)

2. Permanent Closure Report Is Disapproved. The Department’s determination to approve or disapprove a permanent closure report will be based on the permanent closure report’s demonstration that permanent closure has resulted in long-term neutralization of process waters and material stabilization. If a permanent closure report is disapproved, the Department will provide in writing identification of:(7-1-26)

a.Errors or inaccuracies in the permanent closure report;(3-18-22)

b.Issues or details that require additional clarification;(3-18-22)

c.Failures to fully implement the approved permanent closure plans;(3-18-22)

d.Failures to ensure protection for public health, safety, and welfare or to prevent degradation of waters of the state;(3-18-22)

e.Outstanding violations or other noncompliance issues; and(3-18-22)

f.Other issues supporting the Department’s disagreement with the contents, final conclusions or recommendations of the permanent closure report.(3-18-22)

IDAPA 20.03.02.113 (Reserved)

IDAPA 20.03.02.120 Financial Assurance Requirements

1. Submittal of Financial Assurance Before Mining. Prior to beginning any mining on a mine panel covered by a reclamation plan, an operator will submit to the Department, on a Department form, financial assurance meeting the requirements of this rule. The initial financial assurance amount must at a minimum cover the anticipated affected acres over the first year of operations.(7-1-26)

2. Submittal of Financial Assurance Before Operating a Cyanidation Facility. Prior to beginning operation of a cyanidation facility, an operator will submit to the Department, on a Department form, financial assurance meeting the requirements of Section 47-1512(a)(2), Idaho Code. The financial assurance will be in an amount equal to the total costs estimated under Paragraph 071.02.k. and Section 120 of these rules.(7-1-26)

3. Timely Financial Assurance Submittal. Financial assurance must be received by the Department within twenty-four (24) months of reclamation or permanent closure plan approval or the Department will cancel the respective plan without prejudice. If financial assurance is not received within eighteen (18) months of a plan approval, the Department will notify the operator that financial assurance is required prior to the twenty-four (24) month deadline. Extensions will be granted by the Department for reasonable cause given if a written request is received prior to the deadline. If financial assurance or an extension request is not received by the deadline, the plan will be canceled. The operator must then submit a new plan application and application fee to restart the approval process.(7-1-26)

4. Phased Financial Assurance. If the Department approves a reclamation plan or permanent closure plan with phased financial assurance, then financial assurance may increase or decrease incrementally commensurate with the additional reclamation or permanent closure liability. After construction and operation of the initial phase has commenced and after filing by an operator of the initial financial assurance, an operator will not construct any component of a subsequent phase or phases of the subject mine or cyanidation facility before filing the additional financial assurance amount that is required by the Board. If phased financial assurance is not authorized, the operator is required to file the financial assurance amount required to complete reclamation or permanent closure of all lands affected over the next calendar year.(7-1-26)

5. Financial Assurance for Mines with Five (5) or Less Acres of Authorized Land. Financial assurance will be a minimum of five thousand dollars ($5,000) per acre unless the operator or the Department determine that the estimated reasonable costs of reclamation require a different amount. No financial assurance may exceed fifteen thousand dollars ($15,000) for a given acre of affected land unless the condition in Subsection 120.07 of these rules have been met.(7-1-26)

6. Financial Assurance for Cyanidation Facility with Five (5) or Less Acres of Authorized Land.

The Board may require financial assurance in excess of five million dollars ($5,000,000) if the conditions in Subsection 120.07 of these rules have been met.(7-1-26)

7. Process for Requiring Higher Financial Assurance. Financial assurance in excess of the amounts in Subsections 120.05 and 06 of this rule may only be obtained if:(3-18-22)

a.The Board has determined that such financial assurance is necessary to meet the requirements of the Act; and(7-1-26)

b.The Board has delivered to the operator, in writing, a notice setting forth the reasons it believes such financial assurance is necessary; and(3-18-22)

c.The Board has conducted a hearing where the operator is allowed to give testimony to the Board concerning the amount of the proposed financial assurance, as provided by Section 47-1512, Idaho Code. This requirement for a hearing may be waived, in writing, by the operator.(3-18-22)

8. Financial Assurance for Mine or Cyanidation Facility with More than Five (5) Acres of Authorized Land. The amount of financial assurance will be the amount necessary for the Board to pay the estimated reasonable costs of reclamation required under the reclamation plan or permanent closure plan, including indirect costs in Section 120 of these rules.(7-1-26)

9. Mobilization Costs are Direct Costs. Mobilization and demobilization costs will be included in financial assurance calculations as a direct cost. Costs will be calculated to the mine from the nearest community that has at least two (2) contractors able to perform the reclamation.(3-18-22)

10. Indirect Costs for Reclamation Cost Calculations. Reclamation and permanent closure cost calculations will include the following indirect costs and should fall within the percentages given. If a different percentage is used, then a justification must be given. Alternatively, an operator may propose the use of an industry recognized standardized reclamation cost estimation tool for use in reclamation and/or permanent closure cost estimates and the use of the tool’s associated indirect costs which are established using the project direct costs as identified:(7-1-26)

a.Contractor profit at six percent to ten percent (6% to 10%) of direct costs;(3-18-22)

b.Contractor overhead at four percent to eight percent (4% to 8%) of direct costs;(3-18-22)

c.Contractor insurance at one and a half percent (1.5%) of labor costs; (3-18-22)

d.Contractor bonding at two and a half percent to three and a half percent (2.5% to 3.5%) of direct costs;(3-18-22)

e.Contract administration at five percent to nine percent (5% to 9%) of direct costs;(3-18-22)

f.Re-engineering for mines or cyanidation facilities with direct reclamation costs over five hundred thousand dollars ($500,000). Re-engineering will be three percent to seven percent (3% to 7%) of direct costs;

g.Scope contingency at six percent to eleven percent (6% to 11%) of direct costs;(3-18-22)

h.Bid contingency at six percent to eleven percent (6% to 11%) of direct costs; and(3-18-22)

i.Other site specific costs as appropriate.(3-18-22)

11. Salvage Value Not Allowed. Reclamation or permanent closure costs will not be reduced by assigning a salvage value to structures or fixtures to be removed during reclamation.(3-18-22)

12. Mining Operation Conducted by Public or Government. Notwithstanding any other provision of law to the contrary, the financial assurance provisions of the Act and these rules do not apply to any surface mining operations conducted by a public or governmental agency for maintenance, repair, or construction of a public highway.(7-1-26)

13. Annual Financial Assurance Review for Reclamation Plans. At the beginning of each calendar year, the operator must notify the Department of any increase in the acreage of affected land beyond that covered by the existing financial assurance which will result from planned mining activity within the next twelve (12) months. A commensurate increase in the financial assurance will be required for an increase in affected acreage. Any additional financial assurance required must be submitted on the appropriate form within ninety (90) days of operator’s receipt of notice from the Department that an additional amount is required. In no event will mining operations be conducted that would affect additional acreage until the appropriate form and financial assurance has been submitted to the Department. Acreage on which reclamation is complete will be reported in accordance with Subsection 120.16 of these rules and after release of this acreage from the reclamation plan by the Department, the financial assurance will be reduced by the amount appropriate to reflect the completed reclamation.(7-1-26)

14. Financial Assurance Provided to the Federal Government. Any financial assurance provided to the federal government that also meets the requirements of Section 120 of these rules will be sufficient for the purposes of these rules. A mine providing financial assurance through an order under the Comprehensive Environmental Response, Compensation, and Liability Act is not required to submit financial assurance to the Department as described in Section 47-1512(n), Idaho Code.(7-1-26)

15. Financial Assurance Reduction for Mines.(3-18-22)

a.An operator may petition the Department for a change in the initial financial assurance amount. The Department will review the petition and if satisfied with the information presented a revised financial assurance amount will be determined. The revised amount will be based upon the estimated cost that the Department would incur should a forfeiture of financial assurance occur and it became necessary for the Department, through contracting with a third party, to complete reclamation to the standards established in the plan.(7-1-26)

b.Upon finding that any land covered by financial assurance will not be affected by mining, the operator will notify the Department. The amount of the financial assurance will be reduced by the amount being held to reclaim those lands.(7-1-26)

c.Any request for financial assurance reduction will be answered by the Department within thirty (30) days of receiving such request unless weather conditions prevent inspection.(7-1-26)

16. Financial Assurance Release Following Mine Reclamation. Upon completion of all or a portion of the reclamation or post-closure activity specified in the plan, the operator may notify the Department of its desire to secure release from financial assurance. When the Department has verified that the requirements of the reclamation plan have been substantially met as stated in the plan, the financial assurance will be released.(7-1-26)

a.Any request for financial assurance release will be answered by the Department within thirty (30) days of receiving such request unless weather conditions prevent inspection.(7-1-26)

b.If the Department finds that a specific portion of the reclamation or post-closure has been substantially completed, the financial assurance may be reduced to the amount required to complete the remaining reclamation or post-closure. The following schedule will be used to complete these financial assurance reductions unless the Department determines in a specific case that this schedule is not appropriate and specifies a different schedule, or the approved reclamation plan has a different schedule based on site-specific conditions.(7-1-26)

i.Sixty percent (60%) of the financial assurance may be released when the operator completes the required backfilling, regrading, topsoil replacement, and drainage control of a specific area in accordance with the approved reclamation plan; and(3-18-22)

ii. After revegetation activities have been performed by the operator on the regraded lands, according to the approved reclamation plan, the Department may release an additional twenty-five percent (25%) of the financial assurance.(3-18-22)

c.The remaining financial assurance will not be released:(7-1-26)

i.As long as the affected lands are contributing suspended solids to surface waters outside the affected area in excess of state water quality standards and in greater quantities than existed prior to the commencement of mining operations;(3-18-22)

ii. Until final removal of equipment and structures related to the mining activity or until any remaining equipment and structures are brought under an approved reclamation plan and financial assurance by a new operator; and(3-18-22)

iii. Until all temporary sediment or erosion control structures have been removed and reclaimed or until such structures are brought under an approved reclamation plan and financial assurance by a new operator.

17. Corporate Guarantee Released First. If an operator provides part of their financial assurance through a corporate guarantee, then the corporate guarantee will be released prior to any other type of financial assurance being released. Other types of financial assurance will only be released after the corporate guarantee has been completely released.(3-18-22)

18. Cooperative Agreements. The Department may through private conference, conciliation, and persuasion reach a cooperative agreement with the operator to correct deficiencies in complying with the reclamation plan and thereby postpone action to forfeit the financial assurance and cancel the reclamation plan if all deficiencies are satisfactorily corrected within the time specified by the cooperative agreement.(7-1-26)

19. Permanent Closure Financial Assurance Review. The Department will periodically review all financial assurances filed for permanent closure to determine their sufficiency to complete the work required by an approved permanent closure plan. For reviews conducted under paragraphs a and b the Department may employ a qualified independent party to verify the accuracy of the revised permanent closure cost estimate as described in Paragraph 071.05.b. of these rules.(7-1-26)

a.Once every three (3) years, the operator must submit an updated permanent closure cost estimate to the Department for review. The Department will review the updated estimate to determine whether the existing financial assurance amount is adequate to implement the permanent closure plan, as approved by the Department.

Any resulting change in the financial assurance amount does not in and of itself require an amendment to the permanent closure plan as may be required by Section 091 of these rules. The Department will review the estimate to determine whether the existing financial assurance amount is adequate to complete permanent closure of the cyanidation facility.(7-1-26)

b.When the Department determines that there has been a material change in the estimated reasonable costs to complete permanent closure:(7-1-26)

i.The Department will notify the operator in writing of its intent to reevaluate the financial assurance amount. Within a reasonable time period determined by the Department, the operator will provide to the Department a revised cost estimate to complete permanent closure as approved by the Department.(7-1-26)

ii. The Department will then notify the operator in writing within thirty (30) days of receipt of the revised cost estimate if the estimate is complete; and(7-1-26)

iii. Within ninety (90) days of notification of the Department’s assessment, the operator will make the appropriate adjustment to the financial assurance or the Department will reduce the financial assurance as appropriate.(7-1-26)

c.The Department may conduct an internal review of the amount of each financial assurance annually to determine whether it is adequate to complete permanent closure.(3-18-22)

20. Permanent Closure Financial Assurance Release.(3-18-22)

a.A financial assurance filed for permanent closure of a cyanidation facility will be released according to the schedule in the permanent closure plan. The schedule will include provisions for the release of the post-closure monitoring and maintenance portions of the financial assurance. The schedule may be adjusted to reflect the operator’s performance of permanent closure activities and their demonstrated effectiveness.(3-18-22)

b.Upon completion of an activity required by an approved permanent closure plan, the operator may request in writing a financial assurance reduction for that activity. The Department will notify the operator within thirty (30) days whether or not the activity meets the requirements of the permanent closure plan. When the Department, in consultation with DEQ, has verified that the activity meets the requirements of the permanent closure plan, the financial assurance will be reduced by an amount to reflect the activity completed.(7-1-26)

c.Upon the Department’s determination that all activities specified in the permanent closure plan have been successfully completed, the Department will, in accordance with Section 47-1512(i), Idaho Code, release the balance remaining after partial financial assurance releases.(7-1-26)

21. Liabilities for Reclamation Costs Not Covered by Financial Assurance. An operator who is not required to furnish financial assurance by these rules but fails to reclaim may be subject to a civil penalty under Section 47-1513(c), Idaho Code. The amount of the civil penalty will be the estimated cost of reasonable reclamation of affected lands as determined by the Department. Reasonable reclamation of the site will be presumed to be in accordance with the standards established in the approved reclamation plan. The amount of the civil penalty is in addition to those described in Section 47-1513(f), Idaho Code.(7-1-26)

22. Appeal Process for Financial Assurance Decisions. All decisions regarding financial assurance extension requests, plan cancellation, financial assurance reduction, or financial assurance release as described in Section 120 of these rules are subject to appeal as described in Section 58-104 , Idaho Code, and Section 47-1514, Idaho Code.(7-1-26)

IDAPA 20.03.02.121 (Reserved)

IDAPA 20.03.02.122 Form of Financial Assurance

1. Corporate Surety Bond.(3-18-22)

a.A corporate surety bond is an indemnity agreement executed for the operator and a corporate surety licensed to do business in the state of Idaho, filed on the appropriate Department form. The bond must be payable to the state of Idaho and conditioned to require the operator to faithfully perform all requirements of the Act, and the rules in effect on the date that a reclamation plan or a permanent closure plan was approved by the Department.

b.The surety company issuing the bond must, at a minimum, be among those listed as acceptable sureties in Circular 570 of the U.S. Department of the Treasury.(3-18-22)

c.When replacement financial assurance is submitted, the following rider must be filed with the Department as part of the replacement before the existing financial assurance will be released: “[Surety company or principal] understands and expressly agrees that the liability under this bond shall extend to all acts for which reclamation is required on areas affected in connection with reclamation plan or permanent closure plan [number], both prior to and subsequent to the date of this rider.”(7-1-26)

2. Collateral Bond. A collateral bond is an indemnity agreement executed by or for the operator, payable to the state of Idaho, pledging cash deposits, government securities, real property, time deposit receipts, or certificates of deposit of any financial institution authorized to do business in the state. Collateral bonds are subject to the following conditions.(3-18-22)

a.The Department will obtain possession of cash or other negotiable collateral bonds, and, upon receipt, deposit them with the state treasurer to hold them in trust for the purpose of bonding reclamation or permanent closure performance.(7-1-26)

b.The Department will value the collateral at its current market value minus any penalty for early withdrawal, not its face value.(7-1-26)

c.Certificates of deposit or time deposit receipts are issued or assigned, in writing, to the state of Idaho and upon the books of the financial institution issuing such certificates. Interest will be allowed to accrue and may be paid by the bank, upon demand and after written release by the Department, to the operator or another person who posted the collateral bond.(3-18-22)

d.Amount of an individual certificate of deposit or time deposit receipt may not exceed the maximum amount insured by the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation or their successors.(3-18-22)

e.Financial institutions issuing certificates of deposit or time deposit receipts will waive all rights of set-off or liens which it has or might have against such certificates, and will place holds on those funds that prevent the operator from withdrawing funds until the Department sends a written release to the bank.(3-18-22)

f.Certificates of deposit and time deposit receipts must be automatically renewable.(3-18-22)

3. Letters of Credit. A letter of credit is an instrument executed by a bank doing business in Idaho, made at the request of a customer. A letter of credit states that the issuing bank will honor drafts for payment upon compliance with the terms of the credit. Letters of credit are subject to the following conditions.(3-18-22)

a.All credits must be irrevocable and prepared in a format prescribed by the Department. (7-1-26)

b.All credits must be issued by an institution authorized to do business in the state of Idaho or through a correspondent bank authorized to do business in the state of Idaho.(3-18-22)

c.The account party on all credits must be identical to the entity identified in the reclamation plan or in the permanent closure plan and on the cyanidation facility permit as the party obligated to complete reclamation or permanent closure.(3-18-22)

4. Real Property. Real property used as a collateral bond must be a perfected, first lien security interest in real property located within the state of Idaho, in favor of the state of Idaho, which meets the requirements of these rules using a deed of trust form acceptable to the Department for all lands forty (40) acres or less, or a mortgage form approved by the Department for all lands over forty (40) acres.(3-18-22)

a.The following information must be submitted for real property collateral:(3-18-22)

i.The value of the real property. The property will be valued at the difference between the fair market value and any reasonable expense anticipated by the Department in selling the property. The fair market value will be determined by an appraisal conducted by a licensed appraiser. The appraiser will be selected by the Department and the Department will provide appraisal instructions; however, the operator may propose an appraiser to the Department. The appraisal will be performed in a timely manner, and a copy sent to the Department and the operator.

The expense of the appraisal will be borne by the operator. The real property will be reappraised every three (3) years;

ii. A description of the property and a site improvement survey plat to verify legal descriptions of the property and to identify the existence of recorded easements;(3-18-22)

iii. Proof of ownership and title to the real property;(3-18-22)

iv. A current title binder which provides evidence of clear title containing no exceptions, or containing only exceptions acceptable to the Department; and(7-1-26)

v.Phase I environmental assessment.(3-18-22)

b.Real property will not include any lands in the process of being mined, reclaimed, or planned to be mined under an approved reclamation plan. The operator may offer any lands within a reclamation plan that have received full release of financial assurances. In addition, any land used as a security will not be mined or otherwise affected while it is a security. The acceptance of real property within the permit boundary will be at the discretion of the Department.(7-1-26)

5. Trusts. Trusts are subject to the requirements of Section 47-1512(l) and 68-101 , Idaho Code. The proposed trustee, range of investments, initial funding, schedule of payments, trustee fees, and expected rate of return are subject to review and approval by the Department through a memorandum of agreement with the operator. The trustee will invest the principal and income of the fund in accordance with general investment practices. Investments can include equities, bonds, and government securities and be well diversified in accordance with the following conditions:(3-18-22)

a.The joint party on the trust must be identical to the entity identified in the reclamation plan or in the permanent closure plan as the party obligated to complete reclamation or permanent closure.(3-18-22)

b.The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.(3-18-22)

c.Equities may include stock funds, stock index funds, or individual stocks, but an individual stock may not exceed five percent (5%) of the total value of the trust. Direct investments in the operator’s company or parent company are not allowed. Corporate equities must not exceed seventy percent (70%) of the total value of the trust fund.(3-18-22)

d.Bonds or money market funds must be investment-grade rated securities from a nationally recognized securities rating service. Individual corporate bonds may not exceed five percent (5%) of the total value of the trust. (3-18-22)

e.Payments into the trust will be made as follows: (3-18-22)

i.When used to cover reclamation or permanent closure costs, the trust fund will be initially funded in an amount needed to cover any surface disturbance in the first year of the trust fund. Annual payments into the trust will occur as needed prior to the disturbance of additional affected land at the mine or cyanidation facility. (3-18-22)

ii. When used to cover a portion of reclamation or permanent closure costs in combination with other types of financial assurance, the initial and annual payments will be the pro-rata amount of the reclamation or permanent closure costs as described in subparagraph 122.05.e.i of these rules.(3-18-22)

iii. When used to cover the anticipated post-closure costs, a payment schedule will be created in the memorandum of agreement. The trust fund, together with the anticipated earnings, must be enough at the expected start of the post-closure period to cover the costs of the post-closure period.(3-18-22)

f.Disbursements from the trust will only occur upon written authorization of the Department.

Disbursements include payments to the trustee or any other payment of funds not related to financial assurance release and not specifically mentioned in the memorandum of agreement.(3-18-22)

g.Trusts will be irrevocable.(3-18-22)

h.Income accrued on trust funds will be retained in the trust, except as otherwise agreed by the Department under the terms of an agreement governing the trust.(7-1-26)

6. Corporate Guarantees.(3-18-22)

a.Up to fifty percent (50%) of required financial assurance for reclamation costs may be provided by a corporate guarantee. Post-closure costs for reclamation plans and permanent closure plans cannot be covered by a corporate guarantee.(3-18-22)

b.Only operators who submit plans under Sections 070 or 071 of these rules may provide a corporate guarantee.(3-18-22)

c.Operators who want to provide financial assurance through a corporate guarantee must provide an audited financial statement from a third-party certified public accountant that meets the requirements of IDAPA 24.30.01. The audited financial statement must show the operator meets two (2) of the following three (3) criteria and the criteria in paragraph d of this section:(7-1-26)

i.Ratio of total liabilities to stockholder’s equity is less than two (2) to one (1);(3-18-22)

ii. Ratio of sum of net income plus depreciation, depletion, and amortization to total liabilities greater than ten one-hundredths (0.1) to one (1); or(3-18-22)

iii. Ratio of current assets to current liabilities greater than one and fifty one-hundredths (1.5) to one (1).(3-18-22)

d.The following financial criteria must also be met for a corporate guarantee:(3-18-22)

i.Net working capital and tangible net worth are each equal to or greater than the total reclamation or permanent closure cost estimate;(3-18-22)

ii. Tangible net worth of at least ten million dollars ($10,000,000); and(3-18-22)

iii. At least ninety percent (90%) of the corporation’s total assets are in the United States, or the total assets in the United States are at least six (6) times greater than total reclamation or permanent closure cost estimate.

e.A corporate guarantee can be provided by a parent company guarantor if that guarantor meets the conditions of paragraphs (c) and (d) in this section as if it were the operator. The terms of this corporate guarantee will provide for the following:(3-18-22)

i.The operator and the parent company will submit to the Department an indemnity agreement signed by corporate officers from both companies who are authorized to bind their corporations. The operator or parent company must also provide an affidavit certifying that such an agreement is valid under all applicable federal and state laws. The indemnity agreement will bind each party jointly and severally;(3-18-22)

ii. If the operator fails to complete reclamation or permanent closure, the parent company guarantor will do so or the guarantor will be liable under the indemnity agreement to provide funds to the Department sufficient to complete reclamation or permanent closure as per the plan, but not to exceed the financial assurance amount;

iii. The corporate guarantee will remain in force unless the parent company guarantor sends notice of cancellation by certified mail to the operator and to the Department at least ninety (90) days in advance of the cancellation date, and the Department accepts the cancellation;(7-1-26)

iv. The cancellation will be accepted by the Department only if the operator obtains replacement financial assurance before the cancellation date or if the lands for which the corporate guarantee, or portion thereof, was accepted have not been affected; and(7-1-26)

v.If the operator is a partnership or joint venture, the indemnity agreement will bind each partner or member who has a beneficial interest, directly or indirectly, in the operator.(3-18-22)

f.The operator, or parent company guarantor, is required to either complete the approved reclamation or permanent closure plan for the lands in default, or pay to the Department an amount necessary to complete the approved reclamation, not to exceed the amount established in Section 120 of these rules.(3-18-22)

g.The operator or parent company guarantor will submit an annual update of the information required under paragraphs (c) and (d) of this section by April 1 following the issuance of the corporate guarantee. (3-18-22)

h.If the operator or parent company guarantor’s financial fitness falls below the eligibility for providing a corporate guarantee they will immediately notify the Department, and the Department will require the operator to submit replacement financial assurance within ninety (90) days of being notified.(3-18-22)

i.The Department may require the operator or parent company guarantor to provide an update of the information in paragraphs (c) and (d) in this section at any time. The update must be provided within thirty (30) days of being requested. The requirements of paragraph (h) in this Section will then apply.(3-18-22)

7. Blanket Financial Assurance. Where an operator is involved in more than one (1) reclamation plan or permanent closure plan approved by the Department, the Department may accept a blanket financial assurance in lieu of separate reclamation or permanent closure financial assurances under the approved plans. The amount of such financial assurance must be equal to the total of the requirements of the separate financial assurances being combined into a single financial assurance, as determined pursuant to Section 47-1512, Idaho Code, and in accordance with Section 120 of these rules. The principal is liable for an amount no more than the financial assurance filed for completion of reclamation activities or permanent closure activities if the Department takes action against the financial assurance pursuant to Section 47-1513, Idaho Code and Section 123 of these rules.(7-1-26)

8. Reclamation Fund. Reclamation plans processed under Section 069 of these rules may provide financial assurance through the Reclamation Fund established by Section 47-18 , Idaho Code, and IDAPA 20.03.03. If financial assurance is provided through the Reclamation Fund, no other type of financial assurance may be combined with it on an individual mine site.(3-18-22)

9. Multiple Forms of Financial Assurance Accepted. An operator may combine more than one type of financial assurance, within the limitations of each type of financial assurance, to reach the full amount of the required financial assurance for a reclamation plan or permanent closure plan.(3-18-22)

IDAPA 20.03.02.123 Forfeiture of Financial Assurance

A financial assurance may be forfeited in accordance with Section 47-1513, Idaho Code, when the operator has not conducted the reclamation or has not conducted permanent closure in accord with an approved plan and the applicable requirements of these rules.(3-18-22)

IDAPA 20.03.02.124 (Reserved)

IDAPA 20.03.02.130 Assignment of Approved Plans

1. Reclamation Plans. A reclamation plan may be assigned from one (1) operator to another only after the Department’s approval. To complete an assignment, the new applicant must file a notarized Department form and provide replacement financial assurance. The new operator is responsible for the past operator’s obligations under the Act, these rules, and the reclamation plan.(7-1-26)

2. Permanent Closure Plans. An approved permanent closure plan permit may be assigned to a new operator if they provide written notice to the Department that includes a specific date for assignment of permanent closure responsibility, coverage, and liability between the old and new operators no later than ten (10) days after the date of closure. An operator is required to provide such notice at the same time they provide notice to the DEQ as required in IDAPA 58.01.13. To complete an assignment, the new applicant must:(7-1-26)

a.File a notarized Department form; and(7-1-26)

b.File a replacement permanent closure plan financial assurance.(7-1-26)

IDAPA 20.03.02.131 (Reserved)

IDAPA 20.03.02.140 Best Management Practices and Reclamation for Mining Operation and

PERMANENT CLOSURE OF CYANIDATION FACILITIES.

These are the minimum standards expected for all activities covered by these rules. Specific standards for individual mines may be appropriate based on site specific circumstances, and must be described in the plan.(3-18-22)

1. Nonpoint Source Control.(3-18-22)

a.Appropriate BMPs for nonpoint source controls will be designed, constructed, and maintained with respect to site-specific mining operations or permanent closure activities. Operators must utilize BMPs designed to achieve state water quality standards and to protect existing beneficial uses of adjacent waters of the state. State water quality standards, as administered by DEQ, is the standard that must be achieved by BMPs.(7-1-26)

b.If the BMPs utilized by the operator do not result in compliance with Subsection 140.01.a., the Department will require the operator to modify or improve such BMPs to meet the controlling, water quality standards as set forth in current laws, rules, and regulations.(7-1-26)

2. Sediment Control. In addition to proper mining techniques and reclamation measures, the operator must take necessary steps at the close of each operating season to assure that sediment movement associated with surface runoff over the area is minimized in order to achieve water quality standards, or to preserve the condition of water runoff from the mined area prior to commencement of the subject mining or exploration operations, whichever is the more appropriate standard. Sediment control measures refer to best management practices carried out within and, if necessary, adjacent to the affected area and consist of utilization of proper mining and reclamation measures, as well as specific necessary sediment control methods, separately or in combination. Specific sediment control methods may include, but are not limited to:(7-1-26)

a.Keeping the affected land to a minimum at any given time through progressive reclamation;

b.Shaping waste to help reduce the rate and volume of water runoff by increasing infiltration;

c.Retaining sediment within the affected land;(7-1-26)

d.Diverting surface runoff around the affected land;(7-1-26)

e.Routing runoff through the affected land using protected channels or pipes so as not to increase sediment load;(7-1-26)

f.Use of riprap, straw dikes, check dams, mulches, temporary vegetation, or other measures to reduce overland flow velocities, reduce runoff volume, or retain sediment; and(3-18-22)

g.Use of adequate sediment ponds, with or without chemical treatment.(3-18-22)

3. Clearing and Grubbing. Clearing and grubbing of land in preparation for mining exposes mineral soil to the erosive effects of moving water. Operators are cautioned to keep such areas as small as possible (preferably no more than one (1) year’s mining activity) as the operator is required to meet the applicable surface water quality standards on all such areas. Where practicable, trees and slash should be stockpiled for use in seedbed protection and erosion control.(3-18-22)

4. Overburden/Topsoil. To aid in the revegetation of affected lands where mining operations result in the removal of substantial amounts of overburden including any topsoil, the operator should remove the available topsoil or other growth medium as a separate operation for such area. Unless there are previously affected lands which are graded and immediately available for placement of the newly removed topsoil or other growth medium, the topsoil or other growth medium will be stockpiled and protected from erosion and contamination until such areas become available.(3-18-22)

a.Overburden/Topsoil Removal.(3-18-22)

i.Any overburden/topsoil to be removed should be removed prior to any other mining activity to prevent loss or contamination;(3-18-22)

ii. Where overburden/topsoil removal exposes land area to potential erosion, the Department, under the reclamation plan, may require BMPs necessary to prevent violation of water quality standards; and (7-1-26)

iii. Where the operator can show that an overburden material other than topsoil is conducive to plant growth, or where overburden other than topsoil is the only material reasonably available, such overburden may be allowed as a substitute for or a supplement to the available topsoil.(3-18-22)

b.Topsoil Storage. Topsoil stockpiles will be placed to minimize rehandling and exposure to excessive wind and water erosion. Topsoil stockpiles will be protected as necessary from erosion by use of temporary vegetation or by other methods which will control erosion, including, but not limited to, silt fences, chemical binders, seeding, and mulching.(3-18-22)

c.Overburden Storage. Stockpiled ridges of overburden will be leveled in such a manner as to have a minimum width of ten (10) feet at the top. Peaks of overburden will be leveled in such a manner as to have a minimum width of fifteen (15) feet at the top. The overburden piles will be reasonably prepared to control erosion using best management practices; such activities may include terracing, silt fences, chemical binders, seeding, mulching or slope reduction.(3-18-22)

d.Topsoil Placement. Where appropriate slope angle allows, affected lands must be covered with topsoil or other type of overburden that is conducive to plant growth, to the extent such materials are readily available, in order to achieve a stable uniform thickness. Excessive compaction of overburden and topsoil is to be avoided. Topsoil redistribution will be timed so that seeding, or other protective measures, can be readily applied to prevent compaction and erosion.(7-1-26)

e.Fill. Backfill and fill materials should be compacted in a manner to ensure stability. (3-18-22)

5. Roads.(3-18-22)

a.Roads must be constructed to minimize soil erosion, which may require restrictions on the length and grade of the roadbed, surfacing of roads with durable non-toxic material, stabilization of cut and fill slopes, and other techniques designed to control erosion.(3-18-22)

b.All access and haul roads must be adequately drained. Drainage structures may include, but are not limited to, properly installed ditches, water-bars, cross drains, culverts, and sediment traps.(3-18-22)

c.Culverts that are to be maintained for more than one (1) year must be designed to pass peak flows from not less than a twenty (20) year, twenty-four (24) hour precipitation event and have a minimum diameter of eighteen (18) inches.(3-18-22)

d.Roads and water control structures will be maintained at periodic intervals as needed. Water control structures serving to drain roads must not be blocked or restricted in any manner to impede drainage or significantly alter the intended purpose of the structure.(3-18-22)

e.Roads that will not be recontoured to approximate original contours upon abandonment will be cross-ditched and revegetated, as necessary, to control erosion.(3-18-22)

f.Roads that are not abandoned and continue to be used under the jurisdiction of a governmental or private landowner, will comply with the nonpoint source sediment control provisions of Subsection 140.02 until the successor assumes control.(3-18-22)

6. Backfilling and Grading.(3-18-22)

a.Every operator who conducts mining or cyanidation facility operations which disturb less than two (2) acres will, where possible, contour the affected land to its approximate previous contour. These lands must be revegetated in accordance with Subsection 140.11.(7-1-26)

b.An operator who conducts mining or cyanidation facility operations which disturb two (2) acres or more will reduce all waste piles and depressions to the lowest practicable grade. This grade must not exceed the angle of repose or maximum slope of natural stability for such waste or generate erosion in which sediment enters waters of the state.(7-1-26)

c.Backfill and fill materials should be compacted in a manner to ensure mass and surface stability.

d.After the affected area has been graded, slopes will be measured for consistency with the approved reclamation plan or the permanent closure plan.(7-1-26)

7. Disposal of Waste in Areas Other Than Mine Excavation. Waste material not used to backfill mined areas will be transported and placed in a manner designed to stabilize the waste piles and control erosion.

a.The available disposal area should be on a moderately sloped, naturally stable area. The site should be near the head of a drainage to reduce the area of watershed above the fill.(3-18-22)

b.All surface water flows within the disposal area must be diverted and drained using accepted engineering practices such as a system of French drains, to keep water from entering the waste pile. These measures must be implemented in accordance with standards prescribed by the Idaho Stream Channel Protection Act, Title 42, Chapter 38, Idaho Code, and the Idaho Dam Safety Act, Sections 42-1710 through 42-1721, Idaho Code, if applicable.(3-18-22)

c.The waste material not used in backfilling mined areas should be compacted, where practical, and should be covered and graded to allow surface drainage and ensure long-term stability.(3-18-22)

d.The operator may, if appropriate, use terraces or slope reduction to stabilize the face of any fill.

Slopes of the fill material should not exceed angle of repose or generate erosion in which sediment enters waters of the state.(3-18-22)

e.Unless adequate drainage is provided through a fill area, all surface water above the fill must be diverted away from the fill area into protected channels, and drainage will not be directed over the unprotected face of the fill.(7-1-26)

f.The operator will conduct revegetation activities with respect to such waste piles in accordance with Subsection 140.11 of these rules.(3-18-22)

8. Settling Ponds; Minimum Criteria.(3-18-22)

a.Sediment Storage Volume. Settling ponds will provide adequate sediment storage capacity to achieve compliance with applicable water quality standards and protect existing beneficial uses, and may require periodic cleaning and proper disposal of sediment.(3-18-22)

b.Water Detention Time. Settling ponds will have an adequate theoretical detention time for water inflow and runoff entering the pond, but theoretical detention time may be reduced by improvements in pond design, chemical treatment, or other methods.(7-1-26)

c.Emergency Spillway. In addition to the sediment storage volume and water detention time, settling ponds must be designed to withstand and release storm flows as required by the Idaho Dam Safety Act, Section 42- 1710 through 42-1721, Idaho Code, and Safety of Dams Rules, where applicable.(7-1-26)

9. Tailings Ponds. All tailings ponds, dams, or other types of tailings infrastructure must be designed, constructed, operated, and decommissioned so that upon their abandonment, the dam and impoundment area will meet applicable surface and ground water quality standards and not otherwise constitute a hazard to human or animal life.(7-1-26)

a.Design criteria, construction techniques, and decommission techniques for tailings dams and impoundments must comply with the Idaho Dam Safety Act, Sections 42-1710 through 42-1721, Idaho Code, and applicable rules and regulations.(7-1-26)

b.Topsoil will be removed from the area to be affected by the impounding structure, tailings pond, or other tailings infrastructure in accordance with Subsection 140.04 of these rules.(7-1-26)

c.Abandonment and Decommissioning of Tailings Impoundments.(3-18-22)

i.Dewatering. Tailings ponds will be dewatered to the extent necessary to provide an adequate foundation for the approved post-mining use.(3-18-22)

ii. Control of surface waters. Surface waters will either be channeled around the reservoir and impoundment structure or through the reservoir and breached structure. Permanent civil structures must be designed and constructed to implement either method of channeling. The structure must provide for erosion-free passage of waters and adequate energy dissipation prior to entry into the natural drainage below the impounding structure.

iii. Detoxification. Hazardous chemical residues within the tailings pond must be detoxified or covered with an adequate thickness of non-toxic material, to the extent necessary to achieve water quality standards in waters of the state.(3-18-22)

iv. Reclamation. After implementing the required dewatering, detoxification, and surface drainage control measures, the reservoir and impounding structure will be covered with topsoil or other material conducive to plant growth, in accordance with Subsection 140.04 of these rules. Where such soils are limited in quantity or not available, and upon approval by the Department, physical or chemical methods for erosion control may be used. All such areas are to be revegetated in accordance with Subsection 140.11 of these rules, unless specified otherwise.

d.When the operator requests termination of its reclamation or permanent closure plan, pursuant to Section 150 of these rules, impoundment structures and any reservoirs retained as fresh water reservoirs after final reclamation or permanent closure are required to conform with the Idaho Dam Safety Act, Sections 42-1710 through 42-1721, Idaho Code, if applicable.(3-18-22)

10. Permanent Cessation and Time Limits for Planting.(3-18-22)

a.Seeding and planting of affected lands or a permanently closed cyanidation facility should be conducted during the first normal period for favorable planting conditions after final seedbed preparation. (3-18-22)

b.Reclamation activities, where possible, are encouraged to be concurrent with the mining operation and may be included in the approved reclamation plan. Final reclamation must begin within one (1) year after the mining operations have permanently ceased on a mine panel. If the operator permanently ceases disposing of overburden on a waste area or permanently ceases removing minerals from a pit or permanently ceases using a road or other affected land, the reclamation activity on each given area must start within one (1) year of such cessation, despite the fact that all operations as to the mine panel, which included such pit, road, overburden pile, or other affected land, has not permanently ceased.(3-18-22)

c.An operator is presumed to have permanently ceased mining operations on a given portion of affected land when no substantial amount of mineral or overburden material has been removed or overburden placed on an overburden dump, or no significant use has been made of a road during the prior three (3) years. If an operator does not plan to use an affected area for three (3) or more years but intends thereafter to use the affected area for mining operations and desires to defer final reclamation until after its subsequent use, the operator must submit a notice of intent and request for deferral of reclamation to the Department, in writing. If the Department determines that the operator plans to continue the operation within a reasonable period of time, it will notify the operator and may require actions to be taken to reduce degradation of surface resources until operations resume. If the Department determines that use of the affected land for mining operations will not be continued within a reasonable period of time, it may proceed as though the mining operation has been abandoned, but the operator will be notified of such decision at least thirty (30) days before taking any formal administrative action.(7-1-26)

11. Revegetation Activities.(3-18-22)

a.The operator must select and establish plant species that can be expected to result in vegetation comparable to that growing on the affected lands or on a closed cyanidation facility prior to mining or cyanidation facility operations, respectively. Certified weed free seed should be used in revegetation. The operator may use available technical data and results of field tests for selecting seeding practices and soil amendments which will result in viable revegetation. These practices of selection may be included in an approved reclamation plan or permanent closure.(7-1-26)

b.Unless otherwise specified in the approved reclamation or permanent closure plan, the success of revegetation efforts is measured against the existing vegetation on site prior to the mining or cyanidation facility operation, or against an adjacent reference area supporting similar types of vegetation.(3-18-22)

i.The ground cover of living plants on the revegetated area should be comparable to the ground cover of living plants on the adjacent reference area for two (2) full growing seasons after cessation of soil amendment or irrigation.(3-18-22)

ii. For purposes of this rule, ground cover is considered comparable if it has, on the area actually planted at least seventy percent (70%) of the premining ground cover for the mined area or adjacent reference area;

iii. For locations with an average annual precipitation of more than twenty-six (26) inches, the Department, in approving a reclamation or permanent closure plan, may set a minimum standard for success of revegetation as follows: Vegetative cover of seventy percent (70%) for two (2) full growing seasons in areas planted to herbaceous species only; or fifty percent (50%) vegetative cover for two (2) full growing seasons and six hundred (600) woody plants per acre in areas planted to a mixture of herbaceous and woody species.(7-1-26)

iv. As used in this section, “herbaceous species” means grasses, legumes, and other forbs; “woody plants” means woody shrubs, trees, and vines; and “ground cover” means the area of the ground surface covered by the combined aerial parts of vegetation and the litter that is produced naturally on-site, expressed as a percentage of the total area measured. Rock surface areas will be excluded from this calculation.(3-18-22)

v.For previously mined areas that were not reclaimed to the standards required by Section 140, and which are affected by the mining or cyanidation facility operations, vegetation should be established to the extent necessary to control erosion, but will not be less than that which existed before redisturbance; and(7-1-26)

vi. Vegetative cover will not be less than that required to control erosion.(7-1-26)

c.Introduced species may be planted if they are known to be comparable to previous vegetation, or if known to be of equal or superior use for the approved post-mining use of the affected land, or, if necessary, to achieve a quick, temporary cover for soil stabilization purposes. Species classified as poisonous or noxious weed species will not be used in revegetation.(7-1-26)

d.By mutual agreement of the Department, the landowner, and the operator, a site may be converted to a different, more desirable or more economically suitable habitat.(7-1-26)

e.Planting of grasses and forbs should be done in a manner which promotes rapid stabilization of the soil surface. Wherever terrain permits, grasses and forbs should be drilled or compacted into the ground using agricultural grass planting equipment or other seeders specifically designed for mine revegetation applications.

Broadcast and hydroseeding may be used on areas where other methods are impractical or unavailable. (3-18-22)

f.The operator should plant shrubs or shrub seed, as required, where shrub communities existed prior to mining. Shrub seed may be planted as a portion of a grass seed mix or planted as bare-root transplants after grass seeding. Where the landowner desires a specific land use such as grazing or cropland, shrubs will not be required in the revegetation species mix. Shrub lands undergoing revegetation with shrubs will be protected from erosion by vegetation, chemical, or other acceptable means during establishment of the shrubs.(3-18-22)

g.Reforestation. Tree stocking of forestlands should meet the following criteria:(3-18-22)

i.Trees that are adapted to the site should be planted on the area to be revegetated in a density which can be expected over time to yield a timber stand comparable to premining timber stands;(3-18-22)

ii. Trees will be established for two (2) full growing seasons after cessation of any soil amendments and irrigation before they are considered to be established; and(3-18-22)

iii. Forestlands undergoing revegetation with trees should be protected from erosion by vegetation, chemical binders, or other acceptable means during seedling establishment.(3-18-22)

h.Revegetation is not required on the following areas:(3-18-22)

i.Affected lands, or portions thereof, where planting is not practicable or reasonable because the soil is composed of excessive amounts of sand, gravel, shale, stone, or other material to such an extent to prohibit plant growth;(3-18-22)

ii. Any mined area or overburden stockpiles proposed to be used in the mining operations for haulage roads, so long as those roads are not abandoned;(3-18-22)

iii. Any mined area or overburden stockpile, where lakes are formed by rainfall or drainage runoff from adjoining lands;(3-18-22)

iv. Any mineral stockpile;(3-18-22)

v.Any exploration trench which will become a part of a pit or an overburden disposal area; and vi. Any road which is to be used in mining operations, so long as the road is not abandoned. (3-18-22)

i.Mulching. Mulch should be used on severe sites and may be required by the reclamation or permanent closure plan where slopes are steeper than three to one (3:1) or the mean annual rainfall is less than twelve (12) inches. When used, straw or hay mulch should be obtained from certified weed free sources. “Mulch” means vegetation residues or other suitable materials to aid in the stabilization of soil and soil moisture conservation which will provide a micro-climate more suitable for germination and growth on severe sites. Annual grains such as rye, oats, and wheat may be used as a substitute for mulch where they will provide adequate protection and will be replaced by permanent species within a reasonable length of time.(3-18-22)

12. Petroleum-Based Products and Chemicals. All refuse, chemical and petroleum products and equipment should be stored and maintained in a designated location away from surface water and disposed of in such a manner as to prevent their entry into a waterway.(3-18-22)

IDAPA 20.03.02.141 (Reserved)

IDAPA 20.03.02.150 Termination of a Plan

1. Terminate upon Request of the Operator. A reclamation plan will terminate upon request of the operator, upon inspection by the Department, and a determination that all reclamation activity has been completed to the standards specified in the plan, and following final approval by the Department. Upon termination, the Department will release the remaining financial assurance, notify the operator, and any authority to conduct any mining operations under the subject plan will terminate.(7-1-26)

2. Terminate a Permanent Closure Plan. The Department will terminate a permanent closure plan upon request of the operator, provided all the provisions and objectives of the permanent closure plan have been met, as determined by the Department under Sections 111 and 112 of these rules. Upon a determination that permanent closure has been completed in accordance with the approved permanent closure plan and upon consultation with the DEQ that the operator’s request to terminate a plan should be approved, the Department will notify the operator that any authority to continue cyanidation operations will cease and it will release the balance of the financial assurance in accordance with Subsection 120.20.(7-1-26)

IDAPA 20.03.02.151 (Reserved)

IDAPA 20.03.02.155 Five (5) Year Updates and Inspections

1. Five (5) Year Updates. The Department may require operators to submit an update on their mining operation at least every five (5) years. The update will be on a Department form, and will be used to assist the Department in determining whether or not adjustments are needed for financial assurance or if a plan amendment is required due to a material change. Failure by an operator to complete the form and return it to the Department, or an operator providing false statements on the form, may result in the penalties in Section 47-1513(g), Idaho Code. A mine plan update provided to the federal government for mines subject to financial assurance requirements may be considered to meet the requirement.(7-1-26)

2. Inspections. Authorized representatives of the Department have the right to enter upon lands affected or proposed to be affected by exploration, mining operations, or cyanidation facilities to determine compliance with the reclamation or permanent closure plans, the Act, these rules, and adequacy of the financial assurance. Inspections will be conducted at reasonable times in the presence of the operator or his authorized representative. The operator will make such a person available for the purpose of inspection. This rule does not prevent the Department from making an inspection of the site if the operator fails to make a representative available on request.(7-1-26)

IDAPA 20.03.02.156 (Reserved)

IDAPA 20.03.02.160 Enforcement and Failure to Comply

1. Financial Assurance Forfeiture. Upon request by the Department, proceedings may be instituted to have the financial assurance for reclamation or permanent closure forfeited for violation of an order entered pursuant to Section 47-1513, Idaho Code, and these rules.(7-1-26)

2. Civil Penalty. An operator with no financial assurance, or an operator who violates these rules by performing an act which is not included in an approved reclamation plan or an approved permanent closure plan that is not subsequently approved by the Department, will be subject to a civil penalty as authorized by Section 47- 1513(c), Idaho Code.(3-18-22)

3. Injunctive Procedures. The Department may seek injunctive relief and proceed with legal action, if necessary, to enjoin a mine operator or cyanidation facility operator who violates the provisions of the Act, these rules, or the terms of an existing approved reclamation or permanent closure plan. Any such action will follow the procedures established in Section 47-1513, Idaho Code.(7-1-26)

4. Appeal of Final Order. An operator dissatisfied with a final order of the Board may, within sixty (60) days after receiving the order, file an appeal in accordance with Section 47-1514, Idaho Code.(3-18-22)

IDAPA 20.03.02.161 (Reserved)

IDAPA 20.03.02.170 Computation of Time

Computation of time will be based on calendar days. In computing any period of time prescribed by the Act, the day on which the designated period of time begins is excluded. The last day of the period is included unless it is a Saturday, Sunday or legal holiday when the Department is not open for business. In such a case, the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays, or legal holidays are excluded from the computation when the period of prescribed time is seven (7) days or less. (7-1-26)

IDAPA 20.03.02.171 (Reserved)

IDAPA 20.03.02.180 Public and Confidential Information

1. Information Subject to Disclosure. Information obtained by the Department pursuant to the Act and these rules is subject to disclosure under Title 74, Chapter 1, Idaho Code (“Public Records Act”).(7-1-26)

2. Use by Board. Any plans, documents, or materials submitted as confidential and held as such will not prohibit the Board, Director, or Department from using the information in an administrative hearing or judicial proceeding initiated pursuant to Section 47-1514, Idaho Code.(7-1-26)

3. Plans and BMPs. An operator will not unreasonably designate as confidential portions of reclamation or permanent closure plans which detail proposed BMPs to meet state surface and ground water quality standards. Confidential portions of reclamation or permanent closure plans may be shared with DEQ in its coordinating role under these rules, as reasonably necessary.(3-18-22)

IDAPA 20.03.02.181 (Reserved)

IDAPA 20.03.02.200 Compliance of Existing Reclamation Plans

Reclamation plans approved prior to July 1, 2019, or reclamation plans that have permanently ceased operations prior to July 1, 2019, are not subject to the 2019 legislative amendments to the Act regarding financial assurance and postclosure. New reclamation plans or plan amendments received after July 1, 2019, will be subject to the 2019 legislative amendments to the Act.(7-1-26)

IDAPA 20.03.02.201 (Reserved)

20.06.01 Rules of the Idaho Board of Scaling Practices

IDAPA 20.06.01.000 Legal Authority

In accordance with Section 38-1208 and Title 67, Chapter 52, Idaho Code, the Board has the power to adopt and amend rules.(3-18-22)

IDAPA 20.06.01.001 Scope

These rules govern the assessments, payment for logging and hauling, licensing standards and renewals, method of scaling forest products for commercial purposes, and check scaling operations.(3-18-22)

IDAPA 20.06.01.002 Incorporation by Reference

The following documents are incorporated by reference herein:(3-18-22)

01.Idaho Log Scaling Manual, 2008 Edition. Published by the Idaho Board of Scaling Practices and available on the Board’s website at http://www.ibsp.idaho.gov/. (3-18-22)

02.Idaho Cubic Log Scaling Manual, 2020 Edition. Published by the Idaho Board of Scaling Practices and available on the Board’s website at http://www.ibsp.idaho.gov/.(3-18-22)

IDAPA 20.06.01.003 (Reserved)

IDAPA 20.06.01.010 Definitions

01.Board.

The Idaho Board of Scaling Practices.(3-18-22)

02.Check Scaling. The comparison of scaling practices between a Board-appointed check scaler and any other scaler.(3-18-22)

03.Combination Log. Any multiple-segment log involving more than one (1) product classification.

04.Cubic Volume. A log rule that uses the Smalian formula as its basic unit of measure, determined on the basis of a mathematical formula, rounded to one tenth a cubic foot. The Smalian cubic foot volumes are listed in the “Idaho Cubic Log Scaling Manual” Appendix.(3-18-22)

05.Decimal “C.” A log rule that uses tens of board feet as its basic unit of measure; one (1) decimal “C” equals ten (10) board feet. The Idaho Scribner decimal “C” volumes as listed in the Appendix of the “Idaho Log Scaling Manual” and the “Idaho Cubic Log Scaling Manual.”(3-18-22)

06.Gross Scale. The log rule volume of timber products before deductions are made for defects.

07.Log Brands. A unique symbol or mark placed on or in forest products to identify ownership.

08.Net Scale. The remaining log rule volume of timber products after deductions are made for defects, based on product classification.(3-18-22)

09.Product Classification. Classification as sawlog, pulp log, or cedar products log for purposes of net scale determination or check scaling.(3-18-22)

10.Purchaser. The principal individual, partnership, or corporation entitled to ownership at the first determination of scale for forest products harvested in Idaho.(3-18-22)

11.Requested Check Scale. A check scale performed pursuant to Section 820 of these rules.

12.Relicense Check Scale. A check scale requested and scheduled in advance, by a licensed scaler, for purposes of license renewal.(3-18-22)

13.Routine Check Scale. A check scale that is not a relicense, temporary permit, or requested check scale.(3-18-22)

14.Temporary Permit Check Scale. A check scale performed pursuant to Section 240 of these rules.

15.Written Scaling Specifications. A written document provided to the scaler that states the information necessary to scale logs in accordance with a contractual scaling agreement.(3-18-22)

IDAPA 20.06.01.011 (Reserved)

IDAPA 20.06.01.050 Assessment

In accordance with Section 38-1209, Idaho Code, the Board is au thorized and directed to levy an assessment.

01.Purchaser. The purchaser pays the assessment levied by the Board.(3-18-22)

02.Assessment. The assessment must be transmitted to the Board on or before the twentieth (20th) day of each month for all timber harvested during the previous month. Forms provided by the Board must be completed and submitted with the assessment.(3-18-22)

03.Weight. There is no assessment on forest products harvested and purchased solely on the basis of weight.(3-18-22)

IDAPA 20.06.01.051 (Reserved)

IDAPA 20.06.01.100 Payment for Logging or Hauling

Provisions of Section 38-1220(b), Idaho Code, govern paym ent for logging or hauling.(3-18-22)

01.Gross Scale Determination. Gross scale is determined by the methodology stated in Chapter Two (2) of the “Idaho Log Scaling Manual” or the “Idaho Cubic Log Scaling manual.”(3-18-22)

02.Compliance with Gross Scale Determination. Notwithstanding the methodology contained in the “Idaho Log Scaling Manual,” or the “Idaho Cubic Log Scaling Manual,” compliance is met when check scale results on gross scale comparisons are within allowable standards of variation as provided in these rules.(3-18-22)

IDAPA 20.06.01.101 (Reserved)

IDAPA 20.06.01.200 Licenses

01.Application Form.

Application for a scaling license is made on a form provided by the Board.

02.Revocation or Suspension for Incompetency. If check scale results on three (3) occasions in any twelve (12) month period are unacceptable based on standards of variation established under Section 810, the scaler’s license may be revoked or suspended as provided in Section 38-1218, Idaho Code.(3-18-22)

IDAPA 20.06.01.201 (Reserved)

IDAPA 20.06.01.220 Apprenticeship Certificate

01.Procedure to Obt ain Certificate. After submitting the application form, an apprentice candidate must take the written examination. Upon passing the written examination, the Apprenticeship Certificate will then be issued at no charge.(3-18-22)

02.Regulations Governing Use of Certificate. The apprentice may scale only under the direct supervision of a licensed scaler. The scale determined by the apprentice may not be used as the sole basis for payment.(3-18-22)

IDAPA 20.06.01.221 (Reserved)

IDAPA 20.06.01.240 Temporary Permit

01.General. Is issued for a period of time, not to exceed three (3) months, to individuals with previous scaling experience who need to scale for commercial purposes.(3-18-22)

02.Procedure to Obtain. Submit the application form; remit a twenty-five dollar ($25) fee; submit a letter from the employer requesting the temporary permit and identifying where the permittee would be scaling; take and pass the written portion of the scaler’s examination; and demonstrate practical scaling abilities through an acceptable check scale.(3-18-22)

03.Regulations Governing Use of Temporary Permit.(3-18-22)

a.Permits expire at the next practical examination date or three (3) months from the date of issuance, whichever comes first. The scale determined by a temporary permittee may be used as a basis for payment. (3-18-22)

b.Should a temporary permittee fail to take the practical portion of the scaler’s examination after being notified in writing of the time and place of said examination, the temporary permit will be canceled. (3-18-22)

c.Temporary permits will not be issued to anyone who has failed the practical examination two (2) or more times, until thirty (30) days following the individual’s last exam failure.(3-18-22)

IDAPA 20.06.01.241 (Reserved)

IDAPA 20.06.01.260 Specialty License

01.General. Is iss ued where the applicant is not required to possess the exacting skills needed to scale sawlogs.(3-18-22)

02.Procedure to Obtain. Submit the application form, a twenty-five dollar ($25) fee, a letter from the employer describing the justification for issuance of a specialty license, and successfully complete the examination.

03.Regulations Governing Use of Specialty License. The holder may scale only the products specified on the individual’s license.(3-18-22)

IDAPA 20.06.01.261 (Reserved)

IDAPA 20.06.01.280 Standard License

01.General. Is issued to in dividuals who demonstrate competency in scaling principles and techniques.(3-18-22)

02.Procedure to Obtain. Submit the application form, remit the required twenty-five dollar ($25) fee, and take and pass the examination as described under Section 300.(3-18-22)

03.Regulations Governing Use of Standard License. The holder is qualified to scale all species and products.(3-18-22)

IDAPA 20.06.01.281 (Reserved)

IDAPA 20.06.01.300 Standard License Examination

To be taken by all persons applying for the standard license.(3-18-22) 1.Written Examination.(3-18-22)

a.Based upon Chapters 1, 2, and 3 of the “Idaho Log Scaling Manual.”(3-18-22)

b.Any score of seventy percent (70%) or better is a passing grade.(3-18-22)

c.The written test must be taken and passed before the practical examination is attempted. (3-18-22)

02.Practical Examination.(3-18-22)

a.The practical examination for a scaler’s license will consist of scaling a minimum of not less than two hundred (200) logs with a net decimal “C” scale determination for sawlogs of not less than twenty thousand (20,000) board feet, or not less than fifteen thousand (15,000) board feet in the southeast Idaho area.(3-18-22)

b.The logs will first be scaled by three (3) qualified check scalers, or two (2) or more qualified check scalers in the southeast Idaho area, and the agreed-upon results will be the basis for grading the examination.

c.To obtain a passing grade, a scaler must be within allowable limits of variation in the following categories:

IDAPA 20.06.01.301 (Reserved)

IDAPA 20.06.01.400 Renewal of Standard and Specialty Licenses

For scalers who hold “Standard” and “Specialty” licenses, the renewal process is as follows.(3-18-22)

01.To Renew a License by the Expiration Date. Receive an acceptable check scale performed by a Board check scaler and pay renewal fee of twenty-five dollars ($25).(3-18-22)

02.To Renew a License Within Two Years After The Expiration Date:(3-18-22)

a.Receive an acceptable check scale performed by a Board check scaler. If the check scale is unacceptable, the individual must reapply for the standard license.(3-18-22)

b.Pay renewal fee of twenty-five dollars ($25).(3-18-22)

03.To Renew a License More Than Two Years After The Expiration Date. An individual must reapply for the standard license.(3-18-22)

04.Option to a Check Scale for Standard License Renewal. A passing practical examination may be used in-lieu-of a check scale for renewal.(3-18-22)

05.Option to a Check Scale for Specialty License Renewal. An examination set by the Board may be used in-lieu-of a check scale for specialty license renewal.(3-18-22)

CATEGORYALLOWABLE VARIATION

Gross Volume For logs in round form For logs in fractional or slab form 2.0% 5.0% Net Volume Check scale percent of defect on logs checked Up to 10 10.1 to 15 15.1 to 20 Over 20 2.0% 3.0% 0.2% for each percent of defect 5.0% Species identification errors3.0%

IDAPA 20.06.01.401 (Reserved)

IDAPA 20.06.01.500 Method of Scaling Forest Products for Commercial Purposes

01.Scribner Decimal “C”. Log scaling by the Scribner decimal “C” method must be made according to scaling practices and procedures described in the “Idaho Log Scaling Manual” or the “Idaho Cubic Log Scaling Manual” and Sections 501 through 504 of these rules.(3-18-22)

02.Cubic Volume. Log scaling by a cubic volume method must be made according to scaling practices and procedures described in the “Idaho Cubic Log Scaling Manual” and Sections 501 through 504 of these rules.(3-18-22)

03.Other Scaling Methods. Log scaling by any method other than Scribner decimal “C” or cubic volume will be considered and determined by the Board upon written request.(3-18-22)

IDAPA 20.06.01.501 Gross Volume Conversions

01.Conversion to Gross Decimal “C” or Gross Cubic Volume. Gross volume measurement determined in a manner other than decimal “C” or cubic volume will be converted to an equivalent decimal “C” or cubic volume gross scale.(3-18-22)

02.Conversion Factors. Measurement procedures and converting factors described in the Special Situations Measurement section, Chapter Two (2) of the “Idaho Log Scaling Manual,” may be used to express decimal “C” board foot equivalents.(3-18-22)

03.Other Conversion Factors. Measurement procedures and converting factors not listed in the “Idaho Log Scaling Manual” will be considered and determined by the Board upon written request.(3-18-22)

IDAPA 20.06.01.502 General Scaling Requirements

01.Written Scaling Specifications.

At any scaling site, licensed scalers will be provided with a written document that states the information necessary to scale logs in accordance with a contractual scaling agreement.(3-18-22)

02.Recording Measurements on Scale Tickets. For each log scaled, scalers must record a combination of data from which both gross and net volume can be derived. This data includes scaling length and scaling diameter(s).(3-18-22)

03.Load Identification. Scalers must ensure that all loads are readily identifiable upon completion of scaling.(3-18-22)

IDAPA 20.06.01.503 Gross Scale Determination

Contractual scaling agreements regarding gross scale determ ination may not establish any scaling requirement that differs from those stated in the “Idaho Log Scaling Manual” or the “Idaho Cubic Log Scaling Manual” except for a minimum top diameter that may be smaller than five and fifty-one hundredths inches (5.51”) actual measure.

Licensed scalers will be provided with written scaling specifications that denote any minimum top diameter that is smaller than five and fifty-one hundredths inches (5.51”) actual measure.(3-18-22)

IDAPA 20.06.01.504 Net Decimal “c” Scale Determination

Contractual scaling agreements regard ing net scale determination may establish scaling requirements that differ from those stated in the “Idaho Log Scaling Manual” or the “Idaho Cubic Log Scaling Manual.” Licensed scalers will be provided with written scaling specifications that clearly describe any changes in net scale scaling practices. (3-18-22)

IDAPA 20.06.01.505 (Reserved)

IDAPA 20.06.01.800 Check Scaling Procedures

01.Valid Check Scale.(3-18-22)

a.Check scaling requires a minimum of fifty (50) logs containing a decimal “C” gross scale of at least ten thousand (10,000) board feet. When other methods of measurement are used, the check scaler will investigate the situation and determine the most logical method of check scaling.(3-18-22)

b.Check scaling will be performed without scaler’s knowledge, when possible.(3-18-22)

c.Check scales are performed only on logs that are in the same position as presented to the scaler.

d.Check scales will not be performed if the logs are not spread adequately enough, in the check scaler’s discretion, to allow for accurate scaling. If these conditions arise, the check scaler must provide a written report describing the conditions and surrounding circumstances. The Board will make a decision as to the disposition of these conditions and direct the check scaler accordingly.(3-18-22)

e.The check scaler must use the written scaling specifications that have been provided to the scaler.

In the absence or omission of written scaling specifications, logs will be check scaled according to scaling methodology stated within the “Idaho Log Scaling Manual” or the “Idaho Cubic Log Scaling Manual.”(3-18-22)

02.Cooperative Scaling. Cooperative scaling involves two (2) scalers, using different scaling specifications, working together to determine the log scale volume. In these instances, each scaler is individually responsible for the scale recorded.(3-18-22)

03.Team Scaling. Team scaling is two (2) scalers, using the same scaling specifications, working together to determine the log scale volume. In these instances, both scalers are responsible for the scale recorded, except that if one (1) of the individuals is an apprentice scaler, the licensed scaler is responsible for the scale recorded.(3-18-22)

04.Holding Check Scale Log Loads. All log loads involved in an unacceptable check scale will be held at the point of the check scale until the logs have been reviewed with the scaler, or for a period up to forty-eight (48) hours.(3-18-22)

a.During this period the load(s) may not be moved or tampered with in any way.(3-18-22)

b.The Board’s check scaler will mark all loads that must be held, and notify the scaler and landing supervisors.(3-18-22)

IDAPA 20.06.01.801 (Reserved)

IDAPA 20.06.01.810 Check Scaling Standards of Variation

01.Allowable Limits of Variation. To determine a check scale as acceptable or unacceptable for Board consideration, and when the method of measurement is the Coconino Scribner decimal C log rule, a scaler must be within allowable limits of variation in the following categories:

CATEGORY

ALLOWABLE

VARIATION

Gross Volume For logs in round form For logs in fractional or slab form +/- 2.0 percent +/- 5.0 percent

02.Combination Logs. For purposes of determining product classification errors, combination logs are counted as one-half (1/2), one-third (1/3), one-fourth (1/4) -- depending on the number of scaling segments -- to arrive at a piece or log count variation. Combination logs will be considered only when provided for in a contractual scaling agreement or written scaling specifications.(3-18-22)

03.Check Scales Involving Multiple Variations. Some check scales will involve more than one (1) parameter of variation. The overall allowable limit of variation to determine acceptability or unacceptability of the total gross or net scales is determined by the following formula:

IDAPA 20.06.01.811 (Reserved)

IDAPA 20.06.01.820 Requested Check Scale

A check scale may be performed upon request of any individual, company, or corporation.(3-18-22)

01.Submission of Request.(3-18-22)

a.The request must be in writing and approved by the Board’s executive director.(3-18-22)

b.The request must be made by a party directly affected and involve disputes on scaling.(3-18-22)

02.Cost of a Requested Check Scale. The fee is two hundred dollars ($200) for each day, or part of a Net Volume Sawlogs Check scale percent of defect on logs checked Up to 10 10.1 to 15 15.1 to 20 Over 20 +/- 2.0 percent +/- 3.0 percent +/- 0.2 percent for each percent of defect +/- 5.0 percent Pulp Logs+/- 5.0 percent Cedar Product Logs+/- 8.0 percent Species Identification Errors3.0 percent Product Classification Errors3.0 percent OAV = OAV =overall allowable percentage variation A =allowable percentage variation for gross/net sawlog scale B =allowable percentage variation for gross/net pulp log scale C =allowable percentage variation for gross/net cedar products scale D =check scaler's gross/net sawlog scale E =check scaler's gross/net pulp log scale F =check scaler's gross/net cedar products log scale CATEGORY ALLOWABLE VARIATION aEbEcF++ DEF++ -----------------------------------------------------------------day, that the check scaler is scaling the logs.(3-18-22)

IDAPA 20.06.01.821 (Reserved)

IDAPA 20.06.01.830 Check Scale Report

01.Check Scale Results.

The check scaler will make a report of his findings to the Board.(3-18-22)

02.Persons Entitled to a Copy of the Check Scale Report.(3-18-22)

a.Persons directly affected and entitled to a copy of the check scale report on temporary permits and relicensure check scales are the scaler and the scaler’s employer(s).(3-18-22)

b.Persons directly affected and entitled to a copy of the check scale report on routine and requested check scales include the scaler, the scaler’s employer(s), the scaler’s supervisor(s), the logging contractor(s), or other persons directly affected by the check scale report as determined by the Board’s executive director.(3-18-22)

IDAPA 20.06.01.831 (Reserved)

IDAPA 20.06.01.920 Complaints

01.Submittal of Complaint. Is su bmitted in writing in the name of the primary complainant.

02.Contents of Complaint. Must state:(3-18-22)

a.The name and address of the person or entity actually aggrieved;(3-18-22)

b.A short and plain statement of the nature of the complaint, including the location and date of the alleged violation;(3-18-22)

c.The complainant’s notarized signature;(3-18-22)

d.The complainant must submit written or documentary evidence in support of the alleged violation; and(3-18-22)

e.In the case of a gross scale complaint, which alleges violations of Section 38-1220(b), Idaho Code, the complainant must also provide a readable copy of the contract, payment slips, and scale tickets for each transaction involved in the alleged complaint.(3-18-22)

IDAPA 20.06.01.921 (Reserved)

20.03.08 Easements on State-Owned Lands

IDAPA 20.03.08.000 Legal Authority

Idaho Code Title 58, Chapters 1 and 6, and Article IX, Sections 7 and 8 of the Idaho Constitution. T itle 58, Chapter 1, Idaho Code, Title 58, Chapter 3, Idaho Code.(7-1-26)

IDAPA 20.03.08.001 Scope

These rules set forth procedures concerning the issuance of easements on all lands within the jurisdiction of the Idaho State Board of Land Commissioners except for state-owned navigable waterways. These rules do not apply to easements for hydroelectric projects.(7-1-26)

01.Valid Existing Rights. These rules are not to be construed as affecting any valid existing rights.

IDAPA 20.03.08.002 Administrative Appeals

An applicant aggrieved by a decision of the Director under these rules may request a hearing before the Board, but must do so within thirty (30) days after receipt of the Director’s decision.(7-1-26)

IDAPA 20.03.08.003 (Reserved)

IDAPA 20.03.08.010 Definitions

01.Assignment.

The complete transfer of rights and obligations of an easement in good standing from holder to succeeding right holder (assignor), acknowledged by the Department (servient estate).(7-1-26)

02.Board. The Idaho State Board of Land Commissioners or its designee.(7-1-26)

03.Damage or Impairment of Rights to the Remainder of the Property. The diminution of the market value of the remainder area, in the case of a partial taking.(3-18-22)

04.Department. The Idaho Department of Lands.(3-18-22)

05.Director. The Director of the Idaho Department of Lands or its designee.(7-1-26)

06.Easement. A non-possessory interest in land for a specific purpose. Such interest may be limited to a specified term.(3-18-22)

07.Endowment Lands. Land grants made to the state of Idaho by the Congress of the United States, or real property subsequently acquired through land exchange or purchase, for the sole use and benefit of the public schools and certain other institutions of the state, comprising nine (9) grants altogether.(7-1-26)

08.Grantee. The person or entity receiving the property right or permission.(7-1-26)

09.Grantor. The person or entity transferring, selling, or giving the property right or permission.

Herein the Department or Board granting a right-of-way, easement or permit.(7-1-26)

10.Market Value. The most probable price at a specified date, in cash, or on terms reasonably equivalent to cash, that the property should bring in a competitive and open market under all conditions requisite to an arm’s length sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.(7-1-26)

11.Right-of-Way. The area on, below, or above a road, highway, street, waterway, or utility easement over which a legal right of passage exists for the benefit of a specific purpose. Such passage and use rights may be limited as defined and limited to a specified term.(7-1-26)

12.State-Owned Lands. All lands within the jurisdiction of the Idaho State Board of Land Commissioners except for state-owned navigable waterways.(7-1-26)

13.Temporary Permit. An instrument authorizing a specific use on state land usually issued for five (5) years or less, but that may be issued for up to twenty (20) years.(7-1-26)

IDAPA 20.03.08.011 (Reserved)

IDAPA 20.03.08.020 Policy

01.Easements Required. Easem ents are required for all rights-of-way of a permanent nature over state-owned land. Easements will not be granted when temporary permits serve the intended purpose or when a lease is appropriate.(7-1-26)

02.Prior Grants. The Director will recognize easements on state endowment lands by grant of the federal government, or subsequent landowners, prior to title vesting with the State or by eminent domain. (3-18-22)

03.Existing Easements. These rules do not apply to any use, facility or structure described in an existing easement. For amendment of an existing easement, see Section 025.(3-18-22)

04.Director's Discretion. The Director may grant a temporary permit or easement over state-owned land for any legitimate public or private purpose upon payment of appropriate compensation.(7-1-26)

05.Reciprocal Easements. The Director may seek reciprocal easements for access to state-owned lands from applicants for easements over state-owned lands. The value of the easement acquired by the state may be applied towards the cost of the easement acquired from the state.(3-18-22)

06.Interest Granted. An easement grants only such interest as is specified in the instrument, including the right to use the property for the specified purpose. The right to use the property for all other purposes aside from the grantee’s limited interest remains with the grantor.(7-1-26)

07.Limit of Director's Discretion. The Director may grant and renew all easements except when the compensation will exceed the limits as delegated by the Board exclusive of the value of timber and payment for any damage or impairment of rights to the remainder of the property.(7-1-26)

08.Width of Easement. The width of any easement granted may not be less than eight (8) feet.

(3-18-22)

09.Recordation. The Department will record the easement, or easement release, with the appropriate county recorder’s office.(3-18-22)

10.Term Easement. The Director may grant an easement for a specific time period of ten (10) to fiftyfive (55) years.(7-1-26)

IDAPA 20.03.08.021 Fees and Compensation

01.Easement Fee.

The compensation for easements over state-owned lands: Up to one hundred percent (100%) of market value, plus payment for any damage or impairment of rights to the remainder of the property, and proportional payment for any existing improvements within the right-of-way, such as a road, road surfacing, culverts, and bridges, as determined by the Director and supported by specific data such as an appraisal.

a.A commensurate portion of the value created by the right of way, as determined by the Director and supported by specific data such as an appraisal.(7-1-26)

02.Performance of Appraisal. The appraisal of the easement may be performed by qualified Department staff or as determined by the Director.(7-1-26)

03.Appraisal Costs. An Applicant shall bear the costs of an appraisal. Where the appraisal is performed by the Department, an applicant will not be charged more than one thousand dollars ($1000) for an appraisal.(7-1-26)

04.Term Easements. Compensation for term easements will be established by appraisal or as determined by the Director.(7-1-26)

05.Minimum Compensation. The minimum compensation for any easement is at the discretion of the Land Board, not including the appraisal and survey costs.(7-1-26)

IDAPA 20.03.08.022 (Reserved)

IDAPA 20.03.08.025 Easement Amendment

Amendment of an existing easement must b e processed in the same manner as a new application. Amendment includes change of use, widening the easement area, or changing the location of the easement area. Amendment does not include ordinary maintenance, repair, or replacement of existing structures such as poles, wires, cables, and culverts.(3-18-22)

IDAPA 20.03.08.026 (Reserved)

IDAPA 20.03.08.030 Emergency Work

The grantee is authorized to enter endowment and other state-owned lands to perform emergency repairs for damage due to vandalism, floods, fire, high winds and other acts of God, provided that the grantee provides written notice to the Department within forty-eight (48) hours of the time work commences. The Director is authorized to assess any damages to the state lands and seek reimbursement.(7-1-26)

IDAPA 20.03.08.031 (Reserved)

IDAPA 20.03.08.035 Cooperative Use and Reciprocal Use Agreements

01.Joint Agreements.

The Director may, subject to the approval of the Board, enter into joint ownership and use agreements with persons, entities, other state, federal, or tribal agencies for roads providing access to endowment lands and other state-owned lands managed by the Department. Such agreements must provide that all landowners share proportionately in the cost of building and maintaining the shared road. The proportionate shares are calculated on timber volume, acreage or other unit of value.(7-1-26)

02.Reciprocal Use Agreements. The Director may enter into reciprocal use agreements with persons, entities, or other state agencies for existing roads where such agreements will enhance the management of endowment lands or other state-owned lands.(7-1-26)

03.Applicability. Where the Director has entered into such agreements mentioned in Subsections 035.01 and 035.02 above, Sections 021, 040, and 046 do not apply.(3-18-22)

IDAPA 20.03.08.036 (Reserved)

IDAPA 20.03.08.040 Assignments

01.Form.

Easements issued by the Director or by the Board are assignable provided that the assignor and assignee complete the Department’s standard assignment form.(7-1-26)

02.Prior Written Consent. An assignment is not valid without the prior written consent of the Director. Such consent will not be unreasonably withheld.(3-18-22)

03.Multiple Assignments. All state easements held by a grantee may be assigned at one time.

IDAPA 20.03.08.041 Abandonment, Relinquishment, and Termination

01.Section 58-603, Idaho Code.

The provisions of Idaho Code Section 58-603 apply to all easements over state-owned lands.(3-18-22)

02.Non-Use. An easement not used for the purpose for which it was granted, for five (5) consecutive years, is presumed abandoned and automatically terminates. The Director will notify the grantee in writing of the termination. The grantee has thirty (30) days from the date of notification to reply in writing to the Director to show cause why the easement should be reinstated. Within sixty (60) days of receipt of the statement to show cause, the Director will notify the grantee in writing as to the Director’s decision concerning reinstatement. The grantee has thirty (30) days of receipt of the Director’s decision to appeal an adverse decision to the Board.(3-18-22)

03.Removal of Improvements. Upon termination, the grantee has twelve (12) months from the date of final notice to remove any facilities and improvements.(3-18-22)

04.Voluntary Relinquishment. The grantee may voluntarily relinquish the easement at any time by completing an easement relinquishment form provided by the Department.(7-1-26)

IDAPA 20.03.08.042 (Reserved)

IDAPA 20.03.08.046 Procedure

01.Contents of Application.

A right-of-way application contains:(7-1-26)

a.A narrative description stating necessity and the purpose of the right-of-way;(7-1-26)

b.A map of the requested right-of-way; and(7-1-26)

c.An accurate written legal description based on a centerline survey or a metes and bounds survey of the perimeter of the easement tract. The applicant may also describe the area occupied by existing uses, facilities or structures by platting the state-owned land affected by and occupied by the proposed use and showing surveyed or scaled ties (to a legal corner) at the points where the use enters, occupies and leaves the parcel.(7-1-26)

02.Engineer Certification. Any application for a ditch, canal or reservoir, the plats and field notes must be certified by the engineer under whose direction such surveys or plans were made and four (4) copies filed with the Department and one (1) copy with the Director, Department of Water Resources as required in Section 58- 601, Idaho Code.(7-1-26)

03.Where to Submit Application. An application may be submitted to any office of the Department.

04.Notification of Approval. If approved, the applicant will be notified of the amount due to the Department.(3-18-22)

05.Notification of Denial. If the application is denied, the applicant will be notified in writing of such decision.(3-18-22)

IDAPA 20.03.08.047 (Reserved)

20.05.01 Rules Pertaining to the Recreational use of Endowment Land

IDAPA 20.05.01.000 Legal Authority

Sections 58-104(6), 58-105, and 58-156, Idaho Code.(7-1-24)

IDAPA 20.05.01.001 Scope

These rules govern the closure, restriction, regulation, or prohi bition of certain regulated recreational uses on Idaho endowment lands, that are subject to a warning ticket, citation, or misdemeanor pursuant to Idaho Code Section 58- 156. Nothing in these rules precludes enforcement under any other applicable state statutes, including enforcement under Sections 18-7031, 18-3906, 18-7012, 18-7001, 18-7008, and 31-4410, Idaho Code. Uses of endowment land authorized by lease or permit are not regulated under this rule.(7-1-24)

IDAPA 20.05.01.002 (Reserved)

IDAPA 20.05.01.010 Definitions

01.Camping.

To use a location as a temporary or with the intent to use as a permanent place of dwelling, lodging or living accommodation. Indicators of camping may include, but are not limited to, storing personal belongings, using tents or other temporary structures for storing personal belongings or for sleeping, carrying on cooking activities, laying out bedding or making any fire.(7-1-24)

02.Creation of a Trail or Road. Modifying the natural condition of the landscape by manipulating rocks, vegetation, soils or other materials to purposely create a travel way.(7-1-24)

03.Department. The Idaho Department of Lands.(7-1-24)

04.Endowment Lands. Lands held in trust by the State of Idaho and managed for the benefit of specific endowment beneficiaries.(7-1-24)

IDAPA 20.05.01.011 (Reserved)

IDAPA 20.05.01.020 Regulated Uses of Endowment Land

01.Camping.

Permanent camping is prohibited. Temporary camping on endowment land is allowed, provided:(7-1-24)

a.Camping in one location is limited to a total of fourteen (14) days within a period of twenty-eight (28) consecutive days. Continued camping on endowment lands beyond fourteen (14) days is allowed if the camp, all camping equipment, and all personal belongings are moved outside of a five (5) mile radius of the prior site, and if the campers otherwise comply with the requirements of Subsection 20.01.(7-1-24)

b.Campers must not leave any personal property unattended for more than forty-eight (48) hours;

(7-1-24)

c.The location is not posted as “closed to camping”; and(7-1-24)

d.Campfires are contained within a ring no wider than three (3) feet in diameter.(7-1-24)

02.Roads and Trails. Using roads and trails on endowment land is allowed, provided users: (7-1-24)

a.May not create any roads or trails.(7-1-24)

b.Follow vehicle width, weight, length, and type limitations.(7-1-24)

c.Comply with any posted road or trail closures.(7-1-24)

d.Follow road and trail limitations and closures posted at trailheads, gates, and local Department offices, as shown on maps and the Department website (www.idl.idaho.gov).(7-1-24)

e.May not block, obstruct, or interfere with vehicular or pedestrian traffic, with vehicles or by any other means.(7-1-24)

03.Motorized and Mechanized Use. Motorized and mechanized travel is permitted on department designated roads, trails, and cross-country travel areas.(7-1-24)

04.Gates and Fences. Blocking gates, fence access points, or livestock handling equipment is prohibited.(7-1-24)

05.Litter. Depositing any debris, paper, litter, glass bottles, glass, nails, tacks, hooks, hoops, cans, barbed wire, boards, trash, garbage, or other waste substances on endowment land is prohibited.(7-1-24)

a.When toilet facilities are unavailable, solid human waste must be disposed of at least two hundred (200) feet from water sources, trails, parking areas and campsites. Waste can either be bagged and carried out or buried in a hole at least six (6) inches deep.(7-1-24)

b.Any construction or placement of restroom facilities must be temporary in nature. All concentrations of solid human waste must be packed out.(7-1-24)

06.Signs. Interfering with or damaging signs is prohibited.(7-1-24)

07.Fire Restrictions. Prohibited acts enumerated in the annual Idaho Fire Restrictions Plan for Stage 1 and Stage 2 fire restrictions apply to endowment land.(7-1-24)

IDAPA 20.05.01.021 (Reserved)

20.03.14 Rules Governing Grazing, Farming, and Conservation Leases

IDAPA 20.03.14.000 Legal Authority

These rules are promulgated by the Board pursuant to Section 58-104, Idaho Code.(7-1-25)

IDAPA 20.03.14.001 Scope

These rules constitute the Department’s administrative procedures for leasing of state endowment trust land (endowment lands) for grazing, farming, conservation, and other uses that are treated similarly under Section 58-307, Idaho Code, regarding a lease term for no longer than twenty (20) years, and under Section 58-310, Idaho Code, regarding lease auctions. These rules are to be construed in a manner consistent with the duties and responsibilities of the Board as set forth in Title 58, Chapter 3, Idaho Code; Article 9, Sections 3, 7 and 8, of the Idaho Constitution; and Section 5 of the Idaho Admission Bill.(7-1-25)

IDAPA 20.03.14.002 Administrative Appeals

01.Board Appeal.

All decisions of the Director are appealable to the Board. An aggrieved party may appeal by filing with the Director a written notice of appeal setting forth the basis for the appeal within twenty (20) days of:(7-1-25)

a.Receiving notice of the Board’s decision, which is being appealed or;(7-1-25)

b.The date that the conflict auction is held.(7-1-25)

02.Board Decision. In the event the Board hears an appeal, it will do so at the earliest practical time or, in its discretion, appoint a Board sub-committee or a hearing officer to hear the appeal. The hearing officer will make findings and conclusions which the Board accepts, rejects or modifies. The decision of the Board after a hearing, or hearing officer’s findings and conclusions, are final.(7-1-25)

03.Judicial Review. Judicial review of the final decision of the Board is in accord with the Administrative Procedure Act, Title 67, Chapter 52, Idaho Code.(3-18-22)

IDAPA 20.03.14.003 (Reserved)

IDAPA 20.03.14.010 Definitions

01.Amortization.

The purchase of Department authorized, lessee installed, Lease improvements by the Department through allowance of credit to the lessee’s annual lease payments.(7-1-25)

02.Animal Unit Month (AUM). The amount of forage necessary to feed one (1) cow or one (1) cow with one (1) calf under six (6) months of age or one (1) bull for one (1) month. One (1) yearling is considered seven tenths (.7) of an AUM. Five (5) head of sheep, or five (5) ewes with lambs are considered one (1) AUM. One (1) horse is considered one and one-half (1 1/2) AUM.(3-18-22)

03.Assignment. The Department approved transfer of all, or a portion of, a lessee’s right to another Person wherein the second Person assumes the Lease contract with the Department.(7-1-25)

04.Board. The Idaho State Board of Land Commissioners, or its designee.(7-1-25)

05.Conflict Application. An application to Lease endowment land for grazing, farming, or conservation use when one (1) or more applications have been submitted for the same parcel of endowment land and for the same or an incompatible use.(7-1-25)

06.Department. The Idaho Department of Lands.(3-18-22)

07.Director. The Director of the Idaho Department of Lands, or their designee.(7-1-25)

08.Extension. An approved delay in the due date of the rental owed on a farming Lease without risk of loss of the Lease.(7-1-25)

09.Improvement Credit Valuation. The process or processes of estimating the value of Department authorized improvements associated with a Lease, as defined in Section 102.(7-1-25)

10.Lease. A written agreement between the Department and a Person containing the terms and conditions upon which the Person will be authorized to use endowment land.(7-1-25)

11.Herd Stock. Livestock leased or managed, but not owned, by the lessee.(3-18-22)

12.Manageable Unit. A unit of endowment land designated by the Department, geographically configured and sufficiently large to achieve the proposed use.(7-1-25)

13.Management Plan. The signed Lease for grazing, farming, and/or conservation, and any referenced attachments such as annual operating plans or federal allotment management plans.(7-1-25)

14.Person. An individual, partnership, limited liability company, association, trust, unincorporated organization or other legal entity qualified to do business in the state of Idaho and any federal, state, county, or local unit of government.(7-1-25)

15.Proposed Management Plan. A document written and submitted by the lease applicant detailing the management objectives and strategies associated with their proposed activity.(3-18-22)

16.Sublease. An agreement in which the lessee conveys the right of use and occupancy of the leased land to another party on a temporary basis.(7-1-25)

IDAPA 20.03.14.011 (Reserved)

IDAPA 20.03.14.019 Lessee Mailing Address

Unless otherwise notified by the lessee, the Department will send all Lease correspondence to the name and address as it appears on the lease application. It is the lessee’s duty to notify the Department, in writing, of any change in mailing address.(7-1-25)

IDAPA 20.03.14.020 Applications and Processing

01.Eligible Applicant.

Any Person legally competent to contract may submit an application to lease endowment land provided such Person is not then in default of any contract with the Department; provided further, that the Department may, in its discretion, exclude any Person in breach of any contract with the state of Idaho or any department or agency thereof.(7-1-25)

02.Application Process.(7-1-25)

a.Applications. All applications must:(7-1-25)

i.Be submitted to the Department on the appropriate Department form;(7-1-25)

ii.Be signed by the applicant;(7-1-25)

iii.Be accompanied by a non-refundable application fee in the amount specified by the Board;

iv.Applications to lease unleased endowment land may be submitted at any time, or at such time as designated by the Department. Be accompanied with a Proposed Management Plan;(7-1-25)

v.If the current lessee is an applicant, the Department will recognize the existing Management Plan, as described by the existing Lease provisions, as the Proposed Management Plan required to complete the lease application. The Department may require amendments to the Proposed Management Plan in accordance with Subsections 020.02.e. and 020.02.f.;(7-1-25)

vi.Include a legal description of the endowment land sought to be leased. The Department may require an amendment of the legal description of lands identified in a lease application to ensure the parcel is a Manageable Unit or for any other reason the Department deems appropriate. If the applicant fails to provide an amended application, referencing a Manageable Unit as designated by the Department, the application is considered invalid.

b.Nonconflicted Applications.(3-18-22)

i.If the current lessee is the only applicant and the Department does not have concerns with the lessee’s current management of the leased endowment land, a new lease will be issued.(7-1-25)

ii.If the current lessee is the only applicant and the Department has concerns with the lessee’s current management of the leased endowment lands, the Department will request in writing a new Proposed Management Plan and meet with the current lessee to develop terms and conditions of a proposed lease.(7-1-25)

c.Conflicted Applications.(3-18-22)

i.All applicants submitting Conflict Applications must meet with the Department to develop the terms and conditions of a proposed lease specific to each applicant’s Proposed Management Plan.(7-1-25)

ii.The Department will provide all applicants for conflicted leases with the list of criteria that will be used to develop lease provisions. Among the factors to be addressed in the criteria are the following:(3-18-22)

(1)The applicant’s proposed use and the compatibility of that use of the endowment land with preserving its long-term leasing viability for purposes of generating maximum return to trust beneficiaries; i.e., the impact of the proposed use and any anticipated improvements on the parcel’s future utility and leasing income potential.(7-1-25)

(2)The applicant’s legal access to and/or control of land or other resources that will facilitate the proposed use and is relevant to generating maximum return to trust beneficiaries.(3-18-22)

(3)The applicant’s previous management of land leases, land management plans, or other experience relevant to the proposed use or ability/willingness to retain individuals with relevant experience.(3-18-22)

(4)Potential environmental and land management constraints that may affect or be relevant to assessing the efficacy or viability of the proposed use.(3-18-22)

(5)Mitigation measures designed to address trust management concerns such as:(3-18-22)

(a)Construction of improvements at lessee’s expense.(3-18-22)

(b)Payment by lessee of additional or non-standard administrative costs where the nature of the proposed use and/or the applicant’s experience raises a reasonable possibility that greater monitoring or oversight by the Department than historically provided will be necessary to ensure lease-term compliance.(3-18-22)

(c)Bonding to ensure removal of any improvements installed for the lessee’s benefit only and which would impair the future utility and leasing income potential of the endowment land.(7-1-25)

(d)Bonding to ensure future rental payments due under the Lease in cases where the lessee is determined by the Department to pose a significant financial risk because of lack of experience or uncertain financial resources.(7-1-25)

(6)Any other factors the Department deems relevant to the management of the endowment land for the proposed use.(7-1-25)

iii.Proposed Lease. Within ten (10) days of the final meeting with the applicant to discuss lease provisions, the Department will provide the applicant with a proposed lease containing those terms and conditions upon which it will lease the endowment land. If the applicant does not accept in writing the lease as proposed by the Department within seven (7) days of receipt, the application will be rejected in writing by the Department. Within twenty (20) days of the date of mailing of the rejection notice, the applicant may appeal the Department’s determination as to the lease’s terms and conditions to the Board. If the appeal is denied, the applicant may continue with the auction process by accepting the lease terms and conditions initially offered by the Department. No auction may be held until the Board resolves any such appeal.(7-1-25)

03.Expiring Leases. The Department will mail lease applications to all holders of expiring Leases at least thirty (30) days prior to the application deadline. It is the lessee’s responsibility to ensure that the signed applications and associated fees are delivered to the Department by the established deadline.(7-1-25)

04.Rental Deposit.(3-18-22)

a.Existing Lessee. If the existing lessee is the sole applicant, the lessee may submit the rental deposit at the normal due date. If a Conflict Application is also filed on the expiring Lease and the existing lessee is awarded the lease by the Board, the lessee must deposit, with the Department, the estimated first year’s rental for the Lease at the time the Lease is submitted to the Department with lessee’s signature.(7-1-25)

b.New Applicants.(3-18-22)

i.Expiring Lease. New applicants for expiring Leases must pay the estimated first year’s rental to the Department at the time the application is submitted.(7-1-25)

ii.Unleased Endowment Land. All applicants for unleased endowment land are deemed new applicants. If a new applicant is the sole applicant, the applicant may submit the rental deposit at the normal billing cycle, unless the time of application and desired time of use do not coincide with the normal billing cycle, in which case payment must be rendered at the direction of the Department.(7-1-25)

IDAPA 20.03.14.021 Lease Length

The Department may issue a Lease for any period of tim e up to the maximum term provided by law.(7-1-25)

IDAPA 20.03.14.022 (Reserved)

IDAPA 20.03.14.030 Change in Land Use

The Director may change the use of any endo wment land, in whole or in part, for other uses that will better achieve the objectives of the Board.(7-1-25)

IDAPA 20.03.14.031 (Reserved)

IDAPA 20.03.14.040 Rental

01.Rental Rates.

The Board determines the methodology used to calculate rental rates.(7-1-25)

02.Special Uses. The Department determines fees for special uses requested by the lessee and approved by the Department.(7-1-25)

03.Rental Due Date. Lease rentals are due in accordance with the terms of the Lease.(7-1-25)

IDAPA 20.03.14.041 Change of Rental

The Department reserves the right to increase the annual lease rental. Notice of any increase will be provided in writing to the lessee at least one hundred eighty (180) days prior to the lease rental due date.(3-18-22)

IDAPA 20.03.14.042 Late Payments

Rental not paid by the due date is considered late. Late paym ent charges from the due date forward are specified in the Lease.(7-1-25)

IDAPA 20.03.14.043 (Reserved)

IDAPA 20.03.14.049 Breach

01.Non-Compliance.

A lessee is in breach if the lessee’s use is not in compliance with the Lease’s provisions.(7-1-25)

02.Damages for Breach. A lessee is responsible for all damages resulting from breach and for other damages, as provided by law.(7-1-25)

IDAPA 20.03.14.050 Lease Cancellation

Leases may be canceled by the Director for the following reasons:(3-18-22)

01.Non-Compliance. If the lessee is not complying with the Lease provisions or if resource damage attributable to the lessee’s management is occurring to leased endowment land, the lessee will be provided written notification of the violation by regular and certified mail. The letter will set forth the reasons for the Department’s cancellation of the Lease and provide the lessee thirty (30) days’ notice of the cancellation.(7-1-25)

02.Land Sale. The Department reserves the right to sell endowment lands covered under the Lease.

The lessee will be notified that the endowment lands are being considered for sale prior to submitting the sales plan to the Board for approval. The lessee will also be notified of a scheduled sale at least thirty (30) days prior to sale. In the event of early cancellation due to land sale, the lessee will be entitled to a prorated refund of the premium bid for a conflicted lease.(7-1-25)

03.Mutual Agreement. Leases may be canceled by mutual agreement between the Department and the lessee.(3-18-22)

IDAPA 20.03.14.051 Lease Adjustments

01.Department Initiated.

The Department may make adjustments to the Lease for resource protection or resource improvement.(7-1-25)

02.Lessee Requested. Lessee requested changes in Lease conditions must be submitted in writing and receive written approval from the Department before implementation.(7-1-25)

IDAPA 20.03.14.052 Extensions of Annual Farming Lease Payment

01.Farming Lease Extensions.

An Extension of the annual lease payment may be approved for farming leases only. Each Lease is limited to no more than two (2) successive or five (5) total Extensions during any ten (10) year lease period. Requests for Extensions must be submitted in writing and include the extension fee, which is determined by the Board. The lessee must provide a written statement from a financial institution verifying that money is not available for the current year's farming operations.(7-1-25)

02.Liens. When an Extension is approved, the Department will file a lien on the lessee’s pertinent crop in a manner provided by law.(7-1-25)

03.Due Date. Rental plus interest at a rate established by the Board will be due by November l of the year the Extension is granted.(7-1-25)

IDAPA 20.03.14.053 (Reserved)

IDAPA 20.03.14.060 Fees

Fees for Lease administration are set by the Board and must be paid in full before a transaction can occur. All Lease administration fees are non refundable. The Board may set fees related to administration of the leasing process such as: lease applications; full Lease Assignment; partial Lease Assignment; Subleases; late rental payment; minimum lease fee; and lease payment Extension request.(7-1-25)

IDAPA 20.03.14.061 (Reserved)

IDAPA 20.03.14.070 Subleasing

The lessee must receive the Department’s written approval before authorizing another Person to use leased endowment land. The lessee must provide the name and address of sublessee, purpose of Sublease, and a copy of the proposed sublease agreement. Lessee controlled Herd Stock does not require Sublease approval.(7-1-25)

IDAPA 20.03.14.071 Assignments

The lessee must complete a Department assignment form and receive the Department’s writte n approval of that form before assigning a lease form.(7-1-25)

IDAPA 20.03.14.072 (Reserved)

IDAPA 20.03.14.080 Management Plans

01.Federal Plan.

When endowment land is managed in conjunction with federal land, the management plan prepared for the federal land may be deemed by the Department, at its discretion, the Management Plan.(7-1-25)

02.Modification of Plan. The Department may review and modify any Management Plan upon changes in conditions, laws, or regulations, provided that the Department will give the lessee at least thirty (30) day’s notice of any modification’s effective date. Modifications mutually agreeable to both the Department and lessee may be made at any time and may be initiated at the lessee’s request.(7-1-25)

IDAPA 20.03.14.081 (Reserved)

IDAPA 20.03.14.090 Trespass

01.Loss or Waste.

The lessee must use the leased lands in a manner that will best protect the state of Idaho against loss or waste.(7-1-25)

02.Trespass. Unauthorized activities occurring on endowment land are considered trespass; these include dumping of garbage, constructing improvements without a permit, and other unauthorized actions. (7-1-25)

03.Civil Action by Lessee. The lessee is encouraged to take civil action against owners of trespass livestock on endowment lands to recover damages to the lessee for lost forage or other values incurred by the lessee.

04.Continuing Trespass. When continued trespass causes resource damage, the Department will initiate proceedings to restrict further trespass and recover damages as necessary.(3-18-22)

05.Trespass Claims. Trespass claims initiated by the Department will be assessed as triple the current State AUM rate for forage taken.(3-18-22)

IDAPA 20.03.14.091 (Reserved)

IDAPA 20.03.14.100 Construction and Maintenance of Improvements

01.Prior Written Approval.

The lessee must secure the Department’s written approval prior to constructing any improvements or buildings, or clearing any endowment land. Failure to secure such approval eliminates any right to an improvement credit and may, at the Department’s discretion, be deemed a material breach of the Lease and be cause for cancellation. Any arrangement for cost sharing or improvement crediting will be identified in the improvement permit. Routine farming practices identified in a farm plan will not require prior approval.(7-1-25)

02.Maintenance. The lessee must maintain authorized improvements so that they are in a functional condition. The lessee may be required to remove or reconstruct improvements in poor or non-serviceable condition.

Existing maintenance agreements on lands acquired from the federal government remain in effect until amended by the parties involved. If maintenance is not being accomplished, the Department will provide a certified letter to the lessee informing the lessee of the rule violation. If work is not begun within thirty (30) days of the letter being sent, the Department may contract repairs and add the amount to the annual rental.(7-1-25)

03.Bond. The Department may, as it deems necessary, require the lessee to furnish a bond prior to constructing improvements to protect endowment assets or to ensure performance under the Lease.(7-1-25)

IDAPA 20.03.14.101 Improvement Credit

01.Sale or Auction.

In the event of sale of the leased endowment land or if the existing lessee is not the successful bidder at the auction of the lease, the creditable value of the authorized improvements, as determined by the Department, will be paid to the former lessee by the Department or the purchaser where a sale occurs or by the successful bidder where a new lease is issued.(7-1-25)

02.Exchange. In the event of exchange of the leased endowment land the creditable value of authorized improvements, as determined by the Department, will be paid to the former lessee by the acquiring party, if other than the existing lessee. (7-1-25)

03.Crediting. Improvement credit may be allowed when the Department determines that such credit would further the objective of maximizing long-term financial return to trust beneficiaries and if the improvements are:(7-1-25)

a.Authorized in writing by the Department or lacking written authorization, but in existence prior to 1970;(3-18-22)

b.Not expressly permitted “for lessee’s benefit only”; and(3-18-22)

c.Maintained during the Lease term.(7-1-25)

04.Value Only to Lessee. Where improvements are approved, but due to their nature, are not acceptable to receive improvement credit because no value exists for a future lessee, a notation will be made in the permit, “For lessee's benefit only.” If the succeeding lessee or assignee chooses not to purchase the non-creditable improvements, the former lessee will be required to remove them.(3-18-22)

05.Maintenance Costs. Maintenance of improvements will be considered a normal cost of doing business and no improvement credit will be allowed, except that, with prior written approval from the Department, improvement crediting may be allowed for materials used for the maintenance of Department-funded improvements.

(3-18-22)

06.Unauthorized Improvements. No credit will be allowed for unauthorized improvements. At the discretion of the Department, the lessee may be required to remove unauthorized improvements.(3-18-22)

07.Cost Sharing. Federal or state cost-share amounts are not included in the allowable improvement credit.(3-18-22)

IDAPA 20.03.14.102 Valuation of Improvements

Credited improvements will be valued based on replacement cost, including lessee provided labor, equipment and materials, less depreciation based on loss of utility. Improvements cannot be appraised higher than current market value, regardless of lessee's cost. Any improvement Amortization or cost limitations identified by the Department will be considered in determining a final value.(7-1-25)

01.Applicant Review of Department Improvement Credit Valuation. All applicants for a conflicted lease will be provided a copy of the Department’s improvement credit valuation for review and a notice of objection form. Any applicant objecting to the appraisal will have twenty-one (21) days from the date of the valuation mailing to submit the notice of objection form to the Department. If no objections are received during the twenty-one (21) day review period, the lease auction will be scheduled and will proceed using the Department’s improvement credit valuation.(3-18-22)

02.Failure to File a Timely Notice of Objection. Failure to submit a notice of objection within the specified twenty-one (21) day period will preclude any applicant from further administrative remedies.(7-1-25)

03.Notice of Objection. Any applicant objecting to the Department improvement credit valuation must submit with the completed, and timely, notice of objection for a payment of two thousand five hundred dollars ($2,500) or ten percent (10%) of the total Department improvement credit valuation whichever is greater, to pay for the services of an independent third party. Within five (5) days of receipt of the notice of objection, the Department will notify all applicants in writing that an objection has been received and provide them with a list of certified appraisers.(7-1-25)

04.Selection of an Independent Third Party. The applicants will have twenty-one (21) days from the date of the Department’s notification of an objection to select by mutual agreement, one individual from the list of certified appraisers to serve as an independent third party. If the applicants cannot agree on an independent third party within the twenty-one (21) day time period, the Department will randomly select one individual from the list to serve as the independent third party.(3-18-22)

05.Duties of the Independent Third Party. The independent third party will review the Department improvement credit valuation and alternate valuations provided by the applicants select the one value from those determined to be the most accurate value of the improvements, and will notify the Department of this value in writing.(7-1-25)

06.Notification of Final Improvement Value. Within five (5) days of receiving the independent third party’s final determination of improvement credit value, the Department will mail each applicant an auction notice that will reference the independent third party’s determined value of improvements. The determination by the independent third party of the improvement value will be deemed final, and the appraised value of improvements will not be allowed as a basis for appeal of the auction.(7-1-25)

IDAPA 20.03.14.103 (Reserved)

IDAPA 20.03.14.105 Conflict Auctions

01.Two or More Applicants.

When two (2) or more eligible applicants apply to lease the same endowment land for grazing, farming, or conservation purposes and the Department determines the proposed uses are not compatible, the Department will hold an auction.(7-1-25)

02.Minimum Bid. Bidding begins at two hundred fifty dollars ($250) or the cost of preparing any required Improvement Credit Valuation in connection with the expiring Lease, whichever is greater.(7-1-25)

03.Auction Bidding. Each applicant who appears in person or by proxy at the time and place so designated in the auction notice and bids for the lease is deemed to have participated in the auction. A proxy must be authorized by the lease applicant in writing prior to the start of the auction.(7-1-25)

04.Withdrawal Prior to or Failure to Participate in an Auction. Applicants who either withdraw their applications after accepting the Department offered lease and before the auction that results in no need to schedule an auction or cancellation of a scheduled auction; or applicants who fail to participate at the auction by not submitting a bid which results in only one (1) participant at the scheduled auction, forfeit an amount equal to the greater of the following:(7-1-25)

a.The Department’s cost of making any required improvement credit valuation;(3-18-22)

b.For existing lessee applicants, any improvement credit payment that would otherwise be due if not awarded the lease; or(3-18-22)

c.For conflict applicants, the rental deposit made.(3-18-22)

05.High Bid Deposit. The high bidder must submit payment in the amount of the high bid at the conclusion of the auction.(7-1-25)

06.Auction Procedures. The Department will prescribe the procedures for conducting conflicted lease auctions.(3-18-22)

07.Withdrawal After Auction.(3-18-22)

a.If the high bidder withdraws or refuses to accept the lease, the Department retains the high bid payment.(7-1-25)

i.If the auction involved only two (2) participants, the second high bidder will be awarded the lease.

(3-18-22)

ii.If the auction involved more than two (2) participants, the lease will be reauctioned.(3-18-22)

b.If an auction bidder, other than the high bidder, withdraws a bid before Board action on the auction results, no adjustment will be made in the payment deposited by the high bidder.(7-1-25)

IDAPA 20.03.14.106 Board Review of Auction

The Board will review the proposed leases and aucti on results and make the determination required under Section 58- 310, Idaho Code, consistent with its obligations under Article 9, Section 8 of the Idaho Constitution and all relevant statutory provisions.(7-1-25)

IDAPA 20.03.14.107 (Reserved)

IDAPA 20.03.14.111 Noxious Weed Control

01.Weed Control.

The lessee must cooperate with the Department, or any other authorized agency, to undertake programs for control or eradication of noxious weeds on endowment land. The lessee will take measures to control noxious weeds on the leased endowment land in accordance with Title 22, Chapter 24, Idaho Code. (7-1-25)

02.Responsibility. The lessee will not be held responsible for the control of noxious weeds resulting from other land management activities such as temporary permits, easements, special leases and timber sales. Control of noxious weeds on state lands will be shared by the lessee and Department, with the Department’s share subject to funds appropriated for that purpose.(7-1-25)

IDAPA 20.03.14.112 Livestock Quarantine

01.Cooperation.

The lessee must cooperate with the state and federal agency responsible for the control of livestock diseases.(7-1-25)

02.Non-Compliance. Non-compliance with state or federal regulations will be considered a Lease violation and may result in cancellation of the Lease.(7-1-25)

IDAPA 20.03.14.113 Animal Damage Control

The lessee may request the services of USDA Animal and Plant and Health Inspection Service-Wildlife Services to remove animals causing crop damage or harassing/killing the lessee’s livestock. The Department is not liable for any consequence from any animal control actions.(3-18-22)

IDAPA 20.03.14.114 (Reserved)

IDAPA 20.03.14.115 Rules and Laws of the State

The lessee must comply with all applicable rules, regulations and laws of the state of Idaho and the United States insofar as they affect the use of the state endowment trust lands described in the lease.(3-18-22)

IDAPA 20.03.14.116 (Reserved)