Idaho Code § 47-1805 — Idaho Code / Title 47 / Chapter 18 / Section 47-1805
47-1805 OPERATIONS NOT APPROVED.
Status: in_force

47-1805. Operations not approved. The state board of land commissioners shall not approve any application for a reclamation plan, placer permit, mineral lease, or approve an amendment of any such document filed by a company, individual, corporate officer or operator who is not in compliance with applicable mining or leasing statutes or administrative rules, or who has forfeited reclamation funds and has not fully reimbursed the department of lands for the reclamation and administrative costs incurred by the state board of land commissioners, or who has not paid the required financial assurance.

History:

[47-1805, added 2002, ch. 153, sec. 1, p. 449.]
Idaho Code § 47-1203 — Idaho Code / Title 47 / Chapter 12 / Section 47-1203
47-1203 STATEMENT OF NET PROCEEDS FROM MINING OR EXTRACTING ORES — OR FROM ROYALTY.
Status: in_force

47-1203. Statement of net proceeds from mining or extracting ores — Or from royalty. (a) Every person, copartnership, company, joint stock company, trust, corporation, or association mining or receiving royalties from any quartz vein or lode, or placer or rock in place mining claim, containing gold, silver, copper, lead, zinc, coal, phosphate, limestone, or other precious or valuable minerals or metals, or mineral or metal deposits, must, on or before the fifteenth day of the fourth month following the close of the taxable year make a tax return to the state tax commission, stating specifically the items of income and the deductions allowed by this act. For the purpose of enforcing this act, the income tax returns filed in accordance with the provisions of the Idaho Income Tax Act shall be open to inspection by the officer designated to enforce this act.

(b) In the event the taxpayer is entitled to an automatic extension of time to file the income tax return under section 63-3033, Idaho Code, an automatic six (6) month extension is granted to file the return required under this act. In all cases of an extension of time in which to file any return, interest shall be paid on any tax due from due date to date of payment at the rate provided in section 63-3045, Idaho Code.

History:

[47-1203, added 1935 (1st E.S.), ch. 65, sec. 3, p. 182; am. 1941, ch. 106, sec. 3, p. 188; am. 1972, ch. 99, sec. 3, p. 209; am. 1977, ch. 93, sec. 3, p. 191; am. 1982, ch. 179, sec. 1, p. 467; am. 2000, ch. 26, sec. 1, p. 45.]
Idaho Code § 47-1704 — Idaho Code / Title 47 / Chapter 17 / Section 47-1704
47-1704 DEFINITIONS.
Status: in_force

47-1704. Definitions. (1) "Abandoned mine" means a mine deserted by the operator, having no regular maintenance, and not covered by a valid mining claim.

(2) "Affected land" means the land adjacent to an eligible mine that is, or may be, adversely affected by past mining operations.

(3) "Board" means the state board of land commissioners or such department, commission, or agency as may lawfully succeed to the powers and duties of such board.

(4) "Department" means the Idaho department of lands.

(5) "Director" means the head of the department of lands or such officer as may lawfully succeed to the powers and duties of said director.

(6) "Eligible mine" means an abandoned mine located on land owned by the state or federal government or an abandoned mine located on private land when the owner of the private land has requested, and the board has granted, designation as an eligible mine.

(7) "Mine" means an area where valuable minerals were extracted from the earth and includes all associated development areas including, but not limited to, milling and processing areas, overburden disposal areas, stockpiles, roads, tailings ponds, and other areas disturbed at the mining operation site.

(8) "Operator" means any person or persons, any partnership, limited partnership, or corporation, or any association of persons, either natural or artificial including, but not limited to, every public or governmental agency engaged in mining or mineral exploration operations, whether individually, jointly, or through subsidiaries, agents, employees, or contractors and shall mean every governmental agency owning or controlling the use of any mine when the mineral extracted is to be used by or for the benefit of such agency. It shall not include any governmental agency with respect to those mining or mineral exploration operations as to which it grants mineral leases or prospecting permits or similar contracts, but nothing herein shall relieve the operator acting pursuant to a mineral lease, prospecting permit or similar contract from the terms of this chapter.

(9) "Valuable mineral" shall have the same meaning as "valuable mineral" defined in section 47-1205, Idaho Code.

(10) "Voluntary contribution" means any moneys contributed by a nongovernmental organization or a publicly or privately held company.

History:

[47-1704, added 1994, ch. 220, sec. 1, p. 703; am. 1999, ch. 44, sec. 6, p. 106; am. 2025, ch. 79, sec. 3, p. 358.]
Idaho Code § 47-805 — Idaho Code / Title 47 / Chapter 8 / Section 47-805
47-805 ANNUAL RENTAL — AMOUNT — MINIMUM ROYALTY.
Status: in_force

47-805. Annual rental — Amount — Minimum royalty. Oil and gas leases shall be issued at an annual rental of not less than twenty-five cents (25¢) per acre, payable in advance, and royalty on oil and gas lands shall not be less than twelve and one-half per cent (12 1/2%) of oil and/or gas produced and saved from said lands under said lease. Royalties shall be paid in addition to rental payments, at the discretion of the board of land commissioners.

History:

[47-805, added 1937, ch. 130, sec. 5, p. 200; am. 1949, ch. 128, sec. 4, p. 226; am. 1974, ch. 106, sec. 1, p. 1246; am. 1985, ch. 125, sec. 1, p. 309.]
Idaho Code § 47-1607 — Idaho Code / Title 47 / Chapter 16 / Section 47-1607
47-1607 LEASES — ASSIGNMENT OR TRANSFER — RESTRICTIONS.
Status: in_force

47-1607. Leases — Assignment or transfer — Restrictions. No geothermal resource lease, which shall be issued under the provisions of this chapter, shall be assignable or transferable except upon the written consent of the state board of land commissioners.

History:

[47-1607, added 1972, ch. 182, sec. 1, p. 467.]
Idaho Code § 47-1701 — Idaho Code / Title 47 / Chapter 17 / Section 47-1701
47-1701 PURPOSE OF ACT.
Status: in_force

47-1701. Purpose of act. It is the purpose of this act to provide for the reclamation of abandoned mines on state and federal lands and on certain private lands, thereby protecting human health, safety and welfare, conserving natural resources, aiding in the protection of wildlife, aquatic resources, domestic animals, and reducing soil erosion.

History:

[47-1701, added 1994, ch. 220, sec. 1, p. 703; am. 1999, ch. 44, sec. 3, p. 105.]
Idaho Code § 47-701 — Idaho Code / Title 47 / Chapter 7 / Section 47-701
47-701 RESERVATION OF MINERAL DEPOSITS TO STATE — TERMS DEFINED.
Status: in_force

47-701. Reservation of mineral deposits to state — Terms defined. (1) The terms "mineral lands," "mineral," "mineral deposits," "deposit," and "mineral right," as used in this chapter, and amendments thereto shall be construed to mean and include all coal, oil, oil shale, gas, phosphate, sodium, asbestos, gold, silver, lead, zinc, copper, antimony, geothermal resources, salable minerals, and all other mineral lands, minerals or deposits of minerals of whatsoever kind or character.

(2) Such deposits in lands belonging to the state are hereby reserved to the state and are reserved from sale except upon a rental and royalty basis and except when the surface estate is identified by the state board of land commissioners as having the potential highest and best use for development purposes, such as residential, commercial or industrial purposes. Except for the aforementioned purposes, the purchaser of all other state land shall acquire no right, title or interest in or to such deposits, and the right of such purchaser shall be subject to the reservation of all mineral deposits and to the conditions and limitations prescribed by law providing for the state and persons authorized by it to prospect for, mine, and remove such deposits and to occupy and use so much of the surface of said land as may be required for all purposes reasonably incident to the mining and removal of such deposits therefrom.

(3) An exchange of state land consummated by the board under authority of section 58-138, Idaho Code, shall not be considered a sale of state lands. The transfers of mineral deposits heretofore made in such exchanges are hereby approved.

History:

[(47-701) 1923, ch. 96, sec. 1, p. 115; am. 1925, ch. 220, sec. 1, p. 404; I.C.A., sec. 46-701; am. 1981, ch. 325, sec. 1, p. 676; am. 1986, ch. 81, sec. 1, p. 239; am. 1992, ch. 226, sec. 1, p. 676; am. 2004, ch. 13, sec. 1, p. 10.]
Idaho Code § 47-336 — Idaho Code / Title 47 / Chapter 3 / Section 47-336
47-336 INTERSTATE COMPACT FOR CONSERVATION OF OIL AND GAS RATIFIED.
Status: in_force

47-336. INTERSTATE COMPACT FOR CONSERVATION OF OIL AND GAS RATIFIED. (1) The state of Idaho does hereby ratify, approve, adopt and confirm the interstate compact to conserve oil and gas heretofore executed in the city of Dallas, Texas, on February 16, 1935, and is now deposited with the department of state of the United States and which has been extended with the consent of congress to September 1, 1947, which said compact is substantially as follows:

INTERSTATE COMPACT TO CONSERVE OIL AND GAS

ARTICLE I

This agreement may become effective within any compacting state at any time as prescribed by that state, and shall become effective within those states ratifying it whenever any three of the states of Texas, Oklahoma, California, Kansas and New Mexico have ratified and congress has given its consent. Any oil-producing state may become a party hereto as hereinafter provided.

ARTICLE II

The purpose of this compact is to conserve oil and gas by the prevention of physical waste thereof from any cause.

ARTICLE III

Each state bound hereby agrees that within a reasonable time it will enact laws, or if the laws have been enacted, then it agrees to continue the same in force, to accomplish within reasonable limits the prevention of:

(a) The operation of any oil well with an inefficient gas-oil ratio.

(b) The drowning with water of any stratum capable of producing oil or gas, or both oil and gas, in paying quantities.

(c) The avoidable escape into the open air or the wasteful burning of gas from a natural gas well.

(d) The creation of unnecessary fire hazards.

(e) The drilling, equipping, locating, spacing or operating of a well or wells so as to bring about physical waste of oil or gas or loss in the ultimate recovery thereof.

(f) The inefficient, excessive or improper use of the reservoir energy in producing any well.

The enumeration of the foregoing subjects shall not limit the scope of the authority of any state.

ARTICLE IV

Each state bound hereby agrees that it will, within a reasonable time, enact statutes, or if such statutes have been enacted then that it will continue the same in force, providing in effect that oil produced in violation of its valid oil and/or gas conservation statutes or any valid rule, order or regulation promulgated thereunder, shall be denied access to commerce; and providing for stringent penalties for the waste of either oil or gas.

ARTICLE V

It is not the purpose of this compact to authorize the states joining herein to limit the production of oil or gas for the purpose of stabilizing or fixing the price thereof, or create or perpetuate monopoly, or to promote regimentation, but is limited to the purpose of conserving oil and gas and preventing the avoidable waste thereof within reasonable limitations.

ARTICLE VI

Each state joining herein shall appoint one representative to a commission hereby constituted and designated as "The Interstate Oil Compact Commission," the duty of which said commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances, and conditions as may be disclosed for bringing about conservation and the prevention of physical waste of oil and gas, and at such intervals as said commission deems beneficial it shall report its findings and recommendations to the several states for adoption or rejection.

The commission shall have the power to recommend the coordination of the exercise of the police powers of the several states within their several jurisdictions to promote the maximum ultimate recovery from the petroleum reserves of said states, and to recommend measures for the maximum ultimate recovery of oil and gas. Said commission shall organize and adopt suitable rules and regulations for the conduct of its business.

No action shall be taken by the commission except: (1) by the affirmative votes of the majority of the whole number of the compacting states represented at any meeting, and (2) by a concurring vote of a majority in interest of the compacting states at said meeting, such interest to be determined as follows: such vote of each state shall be in the decimal proportion fixed by the ratio of its daily average production during the preceding calendar half-year to the daily average production of the compacting states during said period.

ARTICLE VII

No state joining herein shall become financially obligated to any other state, nor shall the breach of the terms hereof by any state subject such state to financial responsibility to the other states joining herein.

ARTICLE VIII

This compact shall continue in effect until congress withdraws its consent. But any state joining herein may, upon sixty (60) days notice, withdraw herefrom.

The representatives of the signatory states have signed this agreement in a single original which shall be deposited in the archives of the department of state of the United States, and a duly certified copy shall be forwarded to the governor of each of the signatory states.

This compact shall become effective when ratified and approved as provided in article I of this compact. Any oil-producing state may become a party hereto by affixing its signature to a counterpart to be similarly deposited, certified, and ratified.

(2) Notice of approval of said compact shall be given by the governor of Idaho to the interstate oil and gas compact commission (IOGCC) and to the department of state of the United States.

(3) That the governor of the state of Idaho be and hereby is authorized and empowered, for and on behalf of the state of Idaho, to determine when and if it shall be for the best interests of the state of Idaho to withdraw from said compact, upon sixty (60) days' notice, as provided by terms thereof, and in the event he shall determine that the state should withdraw from said compact, he shall have full power and authority to give necessary notice and take any and all other steps necessary to effect the withdrawal of the state of Idaho from said compact.

(4) The governor of the state of Idaho shall appoint one (1) representative of the state of Idaho to the IOGCC, whose duty and authority on behalf of the state of Idaho shall be as provided in said compact.

History:

[(47-336) 47-331, added 2017, ch. 68, sec. 1, p. 165; am. and redesig. 2018, ch. 169, sec. 16, p. 365.]
Idaho Code § 47-310 — Idaho Code / Title 47 / Chapter 3 / Section 47-310
47-310 DEFINITIONS.
Status: in_force

47-310. Definitions. Unless the context otherwise requires, the terms defined in this section shall have the following meanings when used in this act. The use of the plural includes the singular, and the use of the singular includes the plural.

(1) "Administrator" means the division administrator for oil and gas conservation within the department of lands, as established under section 58-104A, Idaho Code.

(2) "American association of professional landmen" is the land profession's resource for support, ethical standards of practice, career advancement, and legislative advocacy.

(3) "American petroleum institute" or "API" is the largest petroleum and natural gas trade organization in America and represents all segments of America's natural gas and oil industry. API was formed in 1919 as a standards-setting organization and has developed more than seven hundred (700) standards to enhance operational and environmental safety, efficiency, and sustainability.

(4) "Arms-length contract" means a contract or agreement that has been arrived at in the marketplace between independent, nonaffiliated persons with opposing economic interests regarding that contract. For purposes of this chapter, two persons are affiliated if one person controls, is controlled by, or is under common control with another person. The following percentages, based on the instruments of ownership of the voting securities of an entity, or based on other forms of ownership, determine if persons are affiliated:

(a) Ownership in excess of fifty percent (50%) constitutes control, or as defined in the joint operating agreement.

(b) Ownership of ten percent (10%) through fifty percent (50%) creates a presumption of control.

(c) Ownership of less than ten percent (10%) creates a presumption of noncontrol, which the commission may rebut if it demonstrates actual or legal control, including the existence of interlocking directorates. Notwithstanding any other provisions of this chapter, contracts between relatives, either by blood or by marriage, are not arms-length contracts. To be considered arms-length for any production month, a contract must meet the requirements of this definition for that production month and must have met the requirements when the contract was executed.

(5) "Commission" means the oil and gas conservation commission.

(6) "Condensate" means the light liquid hydrocarbons that occur as a gas under initial subsurface conditions that condense into a liquid with a decrease in pressure below the dew point during production in the reservoir and at the surface, or only at the surface. The API gravity of condensate is typically fifty (50) degrees to one hundred twenty (120) degrees.

(7) "Confidential well status" refers to a well for which the operator has applied and received confidential status from the commission pursuant to section 47-327, Idaho Code. Information about a confidential well is exempt from disclosure as to the public, but not with regard to the commission or other state authority.

(8) "Correlative rights" means the opportunity of each owner in a pool to produce his just and equitable share of oil and gas in a pool without waste.

(9) "Days" means calendar days unless otherwise noted.

(10) "Department" means the Idaho department of lands.

(11) "End purchaser" means a third-party, arms-length purchaser of oil, gas or condensate that is ready for refining or other use or a third-party, arms-length purchaser of other fluid or gaseous hydrocarbons that have been separated in a processing facility.

(12) "Exploration" means activities related to the various geological and geophysical methods used to detect and determine the existence and extent of hydrocarbon deposits. The activities related to the search for oil and gas include without limitation aerial, geological and geophysical surveys and studies, seismic work, core drilling and the drilling of test wells.

(13) "Field" means the surface area underlaid by one (1) or more pools that are related to a single geological feature.

(14) "Gas" means natural gas, which is a mixture of hydrocarbons and varying quantities of non-hydrocarbons that exist either in the gaseous phase or in solution with crude oil in natural underground reservoirs.

(15) "Gathering facility" means a facility that receives gathering lines from wells, commingles the produced materials, and then sends those materials to a processing facility.

(16) "Market value" means the price at the time of sale, in cash or on terms reasonably equivalent to cash, for which the oil and gas 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 from either party. The costs of marketing, transporting and processing oil and gas produced shall be borne entirely by the producer, and such cost shall not reduce the severance tax directly or indirectly.

(17) "MCF" means one thousand cubic feet of gas.

(18) "Mineral interest" means the right to explore, drill or produce oil and gas laying beneath the surface of property.

(19) "Natural gas liquids" or "NGL" means the liquid hydrocarbons that are gaseous in the reservoir, but can be separated out in liquid form at the surface at the pressures and temperatures at which separators normally operate. The liquids consist of varying proportions of butane, propane, pentane and heavier fractions, with little or no methane or ethane. Natural gas liquids can be classified according to their vapor pressures as low (condensate), intermediate (natural gasoline), and high (liquefied petroleum gas).

(20) "Natural gas plant liquids" means hydrocarbon compounds in raw gas that are separated as liquids at gas processing plants, fractionating plants, and cycling plants. Natural gas plant liquids obtained include ethane, liquefied petroleum gases (propane and the butanes), and pentanes plus any heavier hydrocarbon compounds. Component products may be fractionated or mixed.

(21) "Occupied structure" means a building with walls and a roof within which individuals live or customarily work.

(22) "Oil" means and includes crude petroleum oil and other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form and the liquid hydrocarbons known as distillate or condensate recovered or extracted from gas.

(23) "Oil and gas" means oil or gas or both. Oil and gas refers not only to oil and gas in combination with each other but also generally to oil, gas, casinghead gas, casinghead gasoline, gas-distillate or other hydrocarbons, or any combination or combinations thereof, which may be found in or produced from a common source or supply of oil, oil and gas, or gas-distillate.

(24) "Oil and gas facility" means equipment or improvements used or installed at an oil and gas location for the exploration, production, withdrawal, gathering, treatment or processing of oil or natural gas.

(25) "Oil and gas operations" means operations to explore for, develop or produce oil and gas.

(26) "Operator" means any duly authorized person who is in charge of the development of a lease, pool, or spacing or unitized area, or the operation of a producing well.

(27) "Owner" means the person who has the right to drill into and produce from a pool and to appropriate the oil and gas that he produces therefrom, either for himself or for himself and others.

(28) "Person" means any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary or other representative of any kind and includes any government or any political subdivision of any agency thereof. The masculine gender, in referring to a person, includes the feminine and the neuter genders.

(29) "Pool" means an underground reservoir containing a common accumulation of oil or gas, or both. Each zone of a structure that is completely separated from any other zone in the same structure is a pool.

(30) "Processing facility" means a facility that refines gas and liquid hydrocarbons.

(31) "Producer" means the owner of a well or wells capable of producing oil and gas.

(32) "Reservoir" means a subsurface volume of porous and permeable rock in which oil and gas may have accumulated.

(33) "Royalty owner" means any owner of an interest in an oil and gas lease that entitles him to share in the production of the oil and gas under the lease.

(34) "Tract" means an expanse of land that:

(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 United States department of the interior, bureau of land management;

(b) Is of no particular size;

(c) May be irregular in form;

(d) Is contiguous;

(e) May lay in more than one (1) township or one (1) section;

(f) May have a boundary defined entirely or in part by natural monuments such as streams, divides or straight lines connecting prominent features of topography; and

(g) May be combined with other tracts to form a lease.

(35) "Uncommitted owner" means an owner who is not leased or otherwise contractually obligated to the operator.

(36)(a) "Waste" as applied to gas shall include the escape, blowing or releasing, directly or indirectly, into the open air of gas from wells productive of gas only, or of gas in an excessive or unreasonable amount from wells producing oil or both oil and gas; and the production of gas in quantities or in such manner as will unreasonably reduce reservoir pressure or unreasonably diminish the quantity of oil and gas that might ultimately be produced; excepting gas that is reasonably necessary in the drilling, completing and testing of wells and in furnishing power for the production of wells.

(b) "Waste" as applied to oil means and includes: underground waste; inefficient, excessive or improper use or dissipation of reservoir energy, including gas energy and water drive; surface waste, open-pit storage and waste incident to the production of oil in excess of the producer's aboveground storage facilities and lease and contractual requirements, but excluding storage (other than open-pit storage) reasonably necessary for building up and maintaining crude stocks and products thereof for consumption, use and sale; and the locating, drilling, equipping, operating or producing of any well in a manner that causes, or tends to cause, reduction of the quantity of oil and gas ultimately recoverable from a pool under prudent and proper operations.

(37) "Workover" means an operation in which a well is reentered for the purpose of maintaining or repairing it.

(38) "Zone" means a single continuous deposit of oil or gas, or both oil and gas, in the pores of a reservoir. A zone has a single pressure system and does not communicate with other zones.

History:

[(47-310) 47-318, added 1963, ch. 148, sec. 4, p. 433; am. 2012, ch. 73, sec. 1, p. 209; am. 2015, ch. 89, sec. 1, p. 223; am. 2016, ch. 48, sec. 2, p. 131; am. and redesig. 2017, ch. 271, sec. 2, p. 678; am. 2023, ch. 283, sec. 1, p. 844.]
Idaho Code § 47-1509 — Idaho Code / Title 47 / Chapter 15 / Section 47-1509
47-1509 PROCEDURES IN RECLAMATION.
Status: in_force

47-1509. Procedures in reclamation. (a) Except as otherwise provided in this act, every operator who conducts exploration or mining operations that disturb two (2) or more acres within the state of Idaho shall perform the following reclamation activities:

(1) Ridges of overburden shall be leveled in such manner as to have a minimum width of ten (10) feet at the top.

(2) Peaks of overburden shall be leveled in such a manner as to have a minimum width of fifteen (15) feet at the top.

(3) Overburden piles shall be reasonably prepared to control erosion.

(4) Manage water as necessary to meet the requirements authorized under chapter 1, title 39, Idaho Code.

(5) Roads that are abandoned shall be cross-ditched insofar as necessary to avoid erosion gullies.

(6) Exploration drill holes shall be plugged or otherwise left so as to eliminate hazards to humans or animals.

(7) Abandoned affected lands shall be topped to the extent that such overburden is reasonably available from the pit, with that type of overburden conducive to the control of erosion or the growth of the vegetation that the operator elects to plant thereon.

(8) The operator shall conduct revegetation activities on the mined areas, overburden piles, and abandoned roads in accordance with the provisions of this act.

(9) Tailings ponds shall be reasonably prepared in such a condition that they will not constitute a hazard to human or animal life.

(10) Complete all other reclamation required in the approved reclamation plan.

(b) The board may request, in writing, that a given road or portion thereof not be cross-ditched or revegetated and, upon such request, the operator shall be excused from performing such activities as to such road or portion thereof.

(c) Every operator who conducts exploration or mining operations that disturb less than two (2) acres within the state of Idaho shall, wherever possible, contour the lands so disturbed to approximate the previous contour of the lands.

(d) The operator and board may agree, in writing, to do any act with respect to reclamation above and beyond the requirements herein set forth.

History:

[47-1509, added 1971, ch. 206, sec. 9, p. 898; am. 1973, ch. 180, sec. 4, p. 415; am. 2016, ch. 22, sec. 1, p. 28; am. 2019, ch. 226, sec. 9, p. 701.]
Idaho Code § 47-611 — Idaho Code / Title 47 / Chapter 6 / Section 47-611
47-611 AFFIDAVIT OF LOCATORS.
Status: in_force

47-611. Affidavit of locators. At or before the time of presenting a location notice for record, whether it be for a quartz lode or placer claim, one (1) of the locators named in the same must make and subscribe an affidavit, in writing on or attached to the notice, substantially in the following form, to wit:

State of Idaho, county of …., ss.

I, …., do solemnly swear that I am a citizen of the United States of America (or have declared my intentions to become such), and that I am acquainted with the mining ground described in this notice of location, and herewith called the …. lode or placer claim; that the ground and claim therein described or any part thereof has not, to the best of my knowledge and belief, been previously located according to the laws of the United States and this state, or if so located, that the same has been abandoned or forfeited by reason of the failure of such former locators to comply in respect thereto with the requirements of said laws.

Subscribed and sworn to before me this …. day of …. …..

History:

[(47-611) 1881, p. 262, sec. 5; R.S., sec. 3104; am. 1895, p. 25, sec. 13; reen. 1899, p. 237, sec. 13; reen. R.C., sec. 3216; C.L., sec. 3216; C.S., sec. 5530; I.C.A., sec. 46-611; am. 1970, ch. 92, sec. 11, p. 227; am. 2002, ch. 32, sec. 20, p. 58.]
Idaho Code § 47-1320 — Idaho Code / Title 47 / Chapter 13 / Section 47-1320
47-1320 HEARING PROCEDURES AND APPEALS.
Status: in_force

47-1320. Hearing procedures and appeals. (a) Process and procedure under this act shall be as summary and simple as reasonably may be and as far as possible in accordance with the rules of equity. Such proceedings shall be governed by the provisions of chapter 52, title 67, Idaho Code. The board, or any member thereof, or the hearing officer designated by such board, shall have power to subpoena witnesses and administer oaths. The district court shall have power to enforce by proper proceedings the attendance and testimony of witnesses, and the production for examination of books, papers and records. Witnesses subpoenaed by the board or a member thereof or the hearing officer shall be allowed such fees and traveling expenses as are allowed in civil actions in the district court, to be paid by the party in whose interest such witnesses are subpoenaed. The board, or any member thereof, or the hearing officer, shall make such inquiries and investigations as shall be deemed relevant. Each hearing shall be held at the county seat in any county where the dredge or other placer mining is being conducted or where any of the lands involved in the hearing are situate, or in the county of Ada, as the board may designate.

(b) If the hearing involves a permit or application for a permit, the final order of the board, together with the agency record, as provided in chapter 52, title 67, Idaho Code, shall be filed in the office of the director of the department of lands. A copy of the order shall be sent to the applicant or holder of the permit involved in such hearing by United States mail.

(c) Any applicant or permit holder aggrieved by any final decision or order of the board shall be entitled to judicial review in accordance with the provisions and standards set forth in chapter 52, title 67, Idaho Code.

History:

[47-1320, added 1969, ch. 281, sec. 9, p. 845; am. 1984, ch. 102, sec. 7, p. 238; am. 1993, ch. 216, sec. 45, p. 628.]
Idaho Code § 47-717 — Idaho Code / Title 47 / Chapter 7 / Section 47-717
47-717 REMOVAL OF COMMERCIAL QUANTITIES WITHOUT LEASE UNLAWFUL.
Status: in_force

47-717. Removal of commercial quantities without lease unlawful. It shall be unlawful for any person, association, firm or corporation to remove in commercial quantities any ores, minerals, or deposits from state lands before securing a lease for said lands from the state board of land commissioners. Any person, association, firm or corporation who so removes ores, minerals or deposits shall be liable to the state for treble damages in a civil action.

History:

[(47-717) I.C.A., sec. 46-721, as added by 1937, ch. 124, sec. 6, p. 185; am. 1989, ch. 262, sec. 1, p. 639.]
Idaho Code § 47-314 — Idaho Code / Title 47 / Chapter 3 / Section 47-314
47-314 OIL AND GAS CONSERVATION COMMISSION CREATED — POWERS — LIMIT ON LOCAL RESTRICTIONS — ATTORNEY GENERAL.
Status: in_force

47-314. Oil and gas conservation commission created — Powers — limit on local restrictions — Attorney general. (1) There is hereby created an oil and gas conservation commission of the state of Idaho within the department of lands. The commission shall consist of a county commissioner as described in this section and four (4) members appointed by the governor with the advice and consent of the senate.

(a) The county commissioner shall be from a county where oil and gas are being produced or have been produced within the last ten (10) years and shall be elected by a majority of the county commissioners from such producing counties. The county commissioner shall serve a four (4) year term. A vacancy shall be filled by election for the unexpired term in the same manner provided for election to a full term.

(b) The governor shall appoint four (4) members who shall serve at the pleasure of the governor. One (1) member shall be knowledgeable in oil and gas matters and shall have at least eight (8) years of experience in the oil and gas industry. One (1) member shall be a mineral interest owner without an oil and gas lease in a county where oil and gas have been produced. One (1) member shall be a resident of Idaho knowledgeable in land use matters and shall have at least five (5) years experience in land use matters. The term of office of each appointed member of the commission shall be four (4) years. A vacancy shall be filled by appointment for the unexpired term in the same manner provided for an appointment to the full term.

(2) The commission shall annually elect a chairman and a vice chairman from its membership. Such officers shall hold their respective offices until their successors are elected. If a vacancy occurs in either office, the commission shall elect a member to fill such office for the remainder of the term.

(3) The commission shall meet at least annually and thereafter on dates set by the commission. A majority of the members shall constitute a quorum.

(4) The members of the commission appointed by the governor or selected by the county commissioners shall be compensated as provided in section 59-509(n), Idaho Code.

(5) The oil and gas administrator of the department of lands shall be the secretary for the commission.

(6) The department of lands shall have the power to exercise, under the general control and supervision of the commission, all of the rights, powers and duties vested by law in the commission, except those provided in sections 47-328 and 47-329(3), Idaho Code.

(7) The commission shall have and is hereby given jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this act and shall have power and authority to make and enforce rules, regulations, and orders and to do whatever may reasonably be necessary to carry out the provisions of this act. Any delegation of authority to any other state officer, board or commission to administer any and all other laws of this state relating to the conservation of oil and gas is hereby rescinded and withdrawn and such authority is hereby unqualifiedly conferred upon the commission as herein provided. The commission shall follow procedures on applications as provided in section 47-328, Idaho Code, except as provided in sections 47-316(1)(a) and 47-329(3), Idaho Code.

(8) It is the intent of the legislature to occupy the field of the regulation of oil and gas exploration and production with the limited exception of the exercise of planning and zoning authority granted cities and counties pursuant to chapter 65, title 67, Idaho Code.

(9) To implement the purpose of the oil and gas conservation act, and to advance the public interest in the orderly development of the state's oil and gas resources, while at the same time recognizing the responsibility of local governments to protect the public health, safety and welfare, it is herein provided that:

(a) The commission will notify the respective city or county with jurisdiction upon receipt of an application and will remit, electronically, a copy of all application materials.

(b) No ordinance, resolution, requirement or standard of a city, county or political subdivision, except a state agency with authority, shall actually or operationally prohibit the extraction of oil and gas; provided however, that extraction may be subject to reasonable local ordinance provisions, not repugnant to law, that protect public health, public safety, and public order or that prevent harm to public infrastructure or degradation of the value, use and enjoyment of private property. Any ordinance regulating extraction enacted pursuant to chapter 65, title 67, Idaho Code, shall provide for administrative permitting under conditions established by ordinance, not to exceed twenty-one (21) days unless extended by agreement of the parties or upon good cause shown.

(c) No ordinance, resolution, requirement or standard of a city, county or political subdivision, except a state agency with authority, shall actually or operationally prohibit construction or operation of facilities and infrastructure needed for the post-extraction processing and transport of gas and oil. However, such facilities and infrastructure shall be subject to local ordinances, regulations and permitting requirements, not repugnant to law, as provided in chapter 65, title 67, Idaho Code.

(10) The commission may sue and be sued in its administration of this act in any state or federal district court in the state of Idaho having jurisdiction of the parties or of the subject matter.

(11) The attorney general shall act as the legal advisor of the commission and represent the commission in all court proceedings, in all proceedings before the commission, and in any proceeding to which the commission may be a party before any department of the federal government. The commission may retain additional counsel to assist the attorney general and, for such purpose, may employ any funds available under this act.

History:

[(47-314) 47-317, added 1963, ch. 148, sec. 3, p. 433; am. 1974, ch. 17, sec. 30, p. 308; am. 2012, ch. 111, sec. 2, p. 302; am. 2013, ch. 189, sec. 1, p. 467; am. 2014, ch. 56, sec. 1, p. 133; am. 2015, ch. 102, sec. 1, p. 244; am. 2016, ch. 48, sec. 1, p. 129; am. and redesig. 2017, ch. 271, sec. 6, p. 681; am. 2023, ch. 283, sec. 2, p. 848; am. 2025, ch. 226, sec. 1, p. 1048.]
Idaho Code § 47-806 — Idaho Code / Title 47 / Chapter 8 / Section 47-806
47-806 LEASE OF LANDS FOR GRAZING OR AGRICULTURAL PURPOSES — RIGHTS OF LESSEE UNDER OIL OR GAS LEASE.
Status: in_force

47-806. Lease of lands for grazing or agricultural purposes — Rights of lessee under oil or gas lease. The state board of land commissioners shall have the right to lease state or school lands for grazing or agriculture purposes, as otherwise provided, and to issue oil and gas leases covering lands leased for grazing or agricultural purposes, provided, however, that the lessee under any oil and gas lease issued under the provisions of this act shall have paramount right to the use of so much of the surface of the land as shall be necessary for the purposes of his lease and shall have the right of ingress and egress at all times during the term of said lease.

History:

[47-806, added 1937, ch. 130, sec. 6, p. 200.]
Idaho Code § 47-306 — Idaho Code / Title 47 / Chapter 3 / Section 47-306
47-306 PRESERVATION AND USE OF SAMPLES AND RECORDS — REPORTS OF DETERMINATIONS AND IDENTIFICATIONS.
Status: in_force

47-306. preservation and use of samples and Records — Reports of determinations and identifications. The Idaho geological survey shall preserve any samples or records deposited with it pertaining to mineral, oil or gas resources, exploration or production on lands within the state. The Idaho geological survey may use such samples or records to assist with mineral and petroleum assessments and characterization of geologic resources as part of its mission and directive to determine the geology, hydrogeology, geologic hazards, and mineral, oil and gas resources of the state. On request, the Idaho geological survey shall supply to the owner or owners of the samples or records a report of any such determinations and identifications specific to the samples or records provided by the owner or owners of the samples or records.

History:

[(47-306) 1931, ch. 115, sec. 6, p. 196; I.C.A., sec. 46-306; am. 2009, ch. 11, sec. 15, p. 26; am. 2016, ch. 194, sec. 1, p. 541.]
Idaho Code § 47-1706 — Idaho Code / Title 47 / Chapter 17 / Section 47-1706
47-1706 DUTIES AND POWERS OF BOARD.
Status: in_force

47-1706. Duties and powers of board. In addition to the other duties and powers of the board prescribed by law, the board is granted and shall be entitled to exercise the following authority and powers and perform the following duties:

(1) To reclaim any eligible mine and affected lands. Reclamation on federal lands shall be completed only upon consent of the federal agency responsible for the administration of those lands. Reclamation activities may include:

(a) The reclamation and restoration of abandoned surface mined areas;

(b) The reclamation of abandoned milling and processing areas;

(c) The sealing, filling, and grading of abandoned deep mine entries;

(d) The planting of land adversely affected by past mining to prevent erosion and sedimentation;

(e) The prevention, abatement, treatment, and control of water pollution created by abandoned mine drainage;

(f) The control of surface subsidence due to abandoned deep mines; and

(g) Such other reclamation activities as may be necessary to accomplish the purposes of this act.

(2) To administer and enforce the provisions of this act and the rules and orders promulgated thereunder as provided in this act.

(3) To conduct and promote the coordination and acceleration of research, studies, surveys, experiments, demonstrations, and training in carrying out the provisions of this act. In carrying out the activities authorized in this section, the board may enter into contracts with and make grants to institutions, agencies, organizations, and individuals, and shall collect and make available any information obtained therefrom.

(4) To adopt and promulgate reasonable rules respecting the administration of this act and such rules as may be necessary to carry out the intent and purposes of this act. All such rules shall be adopted in accordance with and subject to the provisions of chapter 52, title 67, Idaho Code.

(5) To enter upon eligible mines and affected lands at reasonable times, for inspection purposes and to determine whether the provisions of this act are being complied with. Inspections on private lands shall be conducted in the presence of the landowner or his duly authorized employees or representatives, or with written permission of the landowner.

(6) To establish an advisory committee to assist the department in setting priorities and planning reclamation work. The committee members shall be nominated by the governor and approved by the board. The committee shall consist of:

(a) One (1) representative from the Idaho department of environmental quality;

(b) One (1) representative from the governor's office of energy and mineral resources;

(c) One (1) representative who is a county commissioner from a county with active mines;

(d) One (1) representative representing conservation interests; and

(e) Three (3) representatives from mining organizations or companies who are actively mining within the state of Idaho.

History:

[47-1706, added 1994, ch. 220, sec. 1, p. 704; am. 2025, ch. 79, sec. 4, p. 359.]
Idaho Code § 47-1317 — Idaho Code / Title 47 / Chapter 13 / Section 47-1317
47-1317 APPLICATION, PERMIT AND BOND REQUIRED.
Status: in_force

47-1317. Application, permit and bond required. (a) Before any person may conduct a placer or dredge mining operation on lands or natural watercourses in the state of Idaho, such person shall file with the director an application for a permit upon a form provided by the director, and shall pay an application fee of fifty dollars ($50.00), for each ten (10) acres or fraction thereof above involved in such application, provided that no application fee shall exceed one thousand dollars ($1,000). Application fees shall be deposited in the dredge and placer mining account.

(b) The permit to issue in any such case shall be in a form provided and approved by the board. No such permit shall be issued to any applicant until the applicant files with the director an initial bond in an amount necessary to pay the estimated reasonable costs of reclamation required under the permit for each acre of land to be disturbed during the first season of operation plus ten percent (10%). The amount of the bond shall not exceed one thousand eight hundred dollars ($1,800) per acre of disturbed land. At the beginning of each calendar year or before operations begin, the operator shall notify the director of any increase or decrease in the acreage of disturbed lands which will result from planned placer mining activity within the next operating season. A correlated increase or decrease in the bond shall be required by the director for a change in disturbed acreage. In the event of failure by the permittee to reclaim disturbed lands in the permit area, the cost charged to the permittee shall be reasonable costs of reclamation plus ten percent (10%); provided that in no event shall any bond submitted pursuant to this section exceed one thousand eight hundred dollars ($1,800) for any given acre of disturbed land. The determination by the board of reclamation costs shall constitute a final decision subject to judicial review as set forth in subsection (d) of section 47-1320, Idaho Code. The bond may be submitted in the form of a surety, cash, certificate of deposit, or other bond acceptable to the director, provided that any bond shall be in the applicable amount set forth above.

(c) It shall be unlawful for any person to conduct placer or dredge mining operations in this state without first having obtained a permit and bond as herein provided. The board shall determine whether a permit application and bond submitted by an applicant satisfies the requirements of this act and regulations promulgated thereto. Upon such determination, the board shall notify the applicant in writing of approval or denial of the permit application and bond. Any notice of rejection shall state the reasons for such rejection. An applicant may submit an amended permit application and bond.

(d) It shall be the duty of the board in its administration of this act to cause periodic inspections to be made of the operations under such permits to determine compliance with this law and to make rules and regulations with respect thereto and the cost and expense of making such inspections shall be borne by the permittee, which such costs and expenses shall constitute a lien upon equipment, personal property, or real property of the permittee and upon minerals produced from the permit area, and the failure to pay the amount thereof on demand by the board shall be cause for termination of the permit. All inspection fees shall be deposited in the dredge and placer mining account.

(e) The board may release an applicant from the requirement that the applicant submit a bond if the director determines that the applicant has insured faithful performance of the requirements of this act and regulations promulgated thereto pertinent to land and watercourse restoration by submitting and having on file a current and valid bond with the United States government, which bond equals or exceeds the amount set forth above, provided that such release by the director shall not release an applicant from bonding under this act, should the permittee fail to continuously maintain a valid bond with the United States government or from compliance with any other requirement of this act or regulations promulgated thereto.

(f) Upon determination by the director that restoration has been satisfactorily completed on a portion of a permit area in accordance with the applicable approved permit and with subsection (a) of section 47-1314, Idaho Code, the board may reduce the bond amount to reflect the completed restoration.

(g) That if any applicant for such dredge or other placer mining operations as contemplated by this act be not the owner of the lands described in the application or any part thereof, the owner of such lands shall indorse his approval of the application, and no permit shall be issued in the absence of such approval by the owner of lands described in the application not owned by the applicant.

(h) No permit shall be issued proposing to alter or occupy the bed of a navigable stream or to dredge any stream or watercourse without notification to the department of water resources of the pending application. The department of water resources shall respond to said notification within twenty (20) days, and the response shall be included in any permit granted hereunder by a showing whether the permit constitutes a permit from the department of water resources or whether an additional permit from the department of water resources shall be required.

(i) No permit shall issue hereunder to dredge nor otherwise placer mine any lands owned by the state of Idaho, including the beds of navigable streams, and including the mineral reservations in lands sold by the state, unless a mineral lease shall be made of such terms and at such royalty to the state as its board of state land commissioners shall prescribe and determine.

(j) The Idaho state board of land commissioners shall have the power to deny any application for a permit on state land, stream or river beds, or on any unpatented mining claims, upon its determination that a dredge mining operation on the land proposed would not be in the public interest, giving consideration to economic factors, recreational use for such lands, fish and wildlife habitat and other factors which in the judgment of the state land board may be pertinent, and may deny an application upon notification by the department of water resources that the grant of such permit would result in permanent damage to a stream channel.

(k) Upon default, in the event that the amount of the bond is insufficient to reclaim the land in compliance with the act and the approved plan, the attorney general is empowered to commence legal action against the operator in the name of the board to recover the amount in excess of the bond necessary to reclaim the land in compliance with the act and the approved plan.

History:

[47-1317, added 1955, Init. Meas., sec. 6; am. 1957, ch. 325, sec. 1, p. 685; am. 1969, ch. 281, sec. 6, p. 845; am. 1974, ch. 17, sec. 34, p. 308; am. 1976, ch. 150, sec. 4, p. 542; am. 1980, ch. 278, sec. 1, p. 722; am. 1984, ch. 102, sec. 5, p. 234; am. 1993, ch. 308, sec. 1, p. 1138.]
Idaho Code § 47-1801 — Idaho Code / Title 47 / Chapter 18 / Section 47-1801
47-1801 PURPOSE.
Status: in_force

47-1801. Purpose. The purpose of this chapter is to provide an alternative form of performance bond or financial assurance for mining operations and mineral leases as required by the state board of land commissioners.

History:

[47-1801, added 2002, ch. 153, sec. 1, p. 448.]
Idaho Code § 47-1206 — Idaho Code / Title 47 / Chapter 12 / Section 47-1206
47-1206 PAYMENT OF MINE LICENSE TAX.
Status: in_force

47-1206. Payment of mine license tax. (1) Except as provided in subsection (2), the license tax imposed by this chapter shall be paid to the state tax commission on or before the due date of the return and the commission shall remit the sums to the state treasurer, who shall place fifty percent (50%) to the credit of the general fund of the state and fifty percent (50%) to the credit of the abandoned mine reclamation fund created by the provisions of section 47-1703, Idaho Code.

(2) The license tax imposed by this chapter only on mining operations that include a cyanidation facility, as defined by section 47-1503, Idaho Code, shall be paid to the state tax commission on or before the due date of the return and the commission shall remit the sums to the state treasurer, who shall place thirty-three percent (33%) to the credit of the general fund of the state, thirty-three percent (33%) to the credit of the cyanidation facility closure fund created by the provisions of section 47-1513, Idaho Code, and thirty-four percent (34%) to the credit of the abandoned mine reclamation fund created by the provisions of section 47-1703, Idaho Code.

History:

[47-1206, added 1935 (1st E.S.), ch. 65, sec. 6, p. 182; am. 1939, ch. 173, sec. 8, p. 320; am. 1969, ch. 311, sec. 1, p. 966; am. 1977, ch. 93, sec. 5, p. 192; am. 1999, ch. 44, sec. 1, p. 105; am. 2005, ch. 341, sec. 1, p. 1066; am. 2025, ch. 79, sec. 1, p. 357.]
Idaho Code § 47-901 — Idaho Code / Title 47 / Chapter 9 / Section 47-901
47-901 RIGHT OF WAY FOR MINING PURPOSES.
Status: in_force

47-901. Right of way for mining purposes. The owner, locator or occupant of a mining claim, whether patented under the laws of the United States or held by location or possession, may have and acquire a right of way for ingress and egress, when necessary in working such mining claim, over and across the lands or mining claims of others, whether patented or otherwise.

History:

[(47-901) 1876, p. 70, sec. 1; R.S., sec. 3130; reen. R.C. & C.L., sec. 3223; C.S., sec. 5537; I.C.A., sec. 46-801.]
Idaho Code § 47-1315 — Idaho Code / Title 47 / Chapter 13 / Section 47-1315
47-1315 WATER CLARIFICATION.
Status: in_force

47-1315. Water clarification. Where any person conducts a placer or dredge mining operation where the water used in such mining process flows in, or into a natural watercourse, such person shall construct and use settling ponds of sufficient capacity and character and/or install and use filtration processes fully adequate to clarify the water used in the mining process to conform to the standards and rules of the state department of environmental quality regarding water quality as authorized under chapter 1, title 39, Idaho Code, before such water is discharged into the natural watercourse.

History:

[47-1315, added 1955, Init. Meas., sec. 4; am. 1969, ch. 281, sec. 4, p. 845; am. 1984, ch. 102, sec. 4, p. 234; am. 2001, ch. 103, sec. 87, p. 328.]
Idaho Code § 47-203 — Idaho Code / Title 47 / Chapter 2 / Section 47-203
47-203 DUTIES — PUBLICATIONS — COOPERATION WITH OTHER AGENCIES — SATELLITE OFFICES.
Status: in_force

47-203. Duties — Publications — Cooperation with other agencies — Satellite offices. It shall be the duty of the said state survey to conduct statewide studies in the field; laboratory studies; prepare and publish reports on the geology, hydrogeology, geologic hazards and mineral resources of the state; fix a price upon printed reports not used in exchange with other state bureaus or surveys, universities or public libraries, and deposit receipts from sales in a printing fund to be used for the preparation and publication of reports of the survey, and for no other purpose. The survey shall be allowed to seek and accept funded projects from and cooperative programs with other agencies for support of the survey's research and service activities as authorized by the board of regents. All funds received from these projects shall be used for said projects and services. The survey shall be allowed to have satellite offices at the geology departments of Boise state university and Idaho state university.

History:

[(47-203) 1919, ch. 54, sec. 3, p. 163; C.S., sec. 5483; I.C.A., sec. 46-203; am. 1933, ch. 22, sec. 2, p. 29; am. 1974, ch. 17, sec. 28, p. 308; am. 1984, ch. 101, sec. 3, p. 230; am. 2003, ch. 46, sec. 3, p. 175.]
Idaho Code § 47-1102 — Idaho Code / Title 47 / Chapter 11 / Section 47-1102
47-1102 COST OF ASSESSMENT A LIEN.
Status: in_force

47-1102. Cost of assessment a lien. Upon the making of such order the judgment, attachment or mortgage creditor shall be authorized and empowered to incur all the expenses necessary in the performance of the annual assessment work upon such mining claims, and upon filing in the court in which such action is pending a verified statement of such expenses, the cost thereof shall be taxed in the action, suit or proceeding and become and be a lien upon said premises, and execution may issue therefor against said premises: provided, that no deficiency judgment shall be entered against the owner of said mining property for any portion of such expense if the proceeds of the sale thereof are insufficient to satisfy the same.

History:

[(47-1102) 1911, ch. 174, sec. 2, p. 569; reen. C.L. 233:1; C.S., sec. 5555; I.C.A., sec. 46-1002.]
Idaho Code § 47-606 — Idaho Code / Title 47 / Chapter 6 / Section 47-606
47-606 AFFIDAVIT OF PERFORMANCE OF LABOR — NOTICE OF ACCEPTANCE OF WAIVER, SUSPENSION OR EXTENSION — FEES — EFFECT AS EVIDENCE.
Status: in_force

47-606. Affidavit of performance of labor — Notice of acceptance of waiver, suspension or extension — Fees — Effect as evidence. Within sixty (60) days after any time set or period allowed for the performance of labor, or making improvements upon any lode or placer claim, the person in whose behalf such work or improvement is performed or some person for him, must make and record an affidavit in substance as follows:

State of Idaho, county of …., ss.

Before me, the subscriber, personally appeared …., who being first duly sworn says, that at least …. dollars worth of work or improvements were performed or made upon …. claim, situate in …. mining district, County of …., State of Idaho:

That such expenditure was made by, for, or at the expense of …., owner of said claim, for the purpose of holding said claim; all stakes, monuments or trees marking boundaries of said claim are in proper place and position.

Subscribed and sworn to before me this …. day of …., …..

The fee for administering the oath and recording the foregoing affidavit, when taken before any county recorder, shall be as provided by section 31-3205, Idaho Code.

Such affidavit, or a certified copy thereof in case the original is lost, shall be prima facie evidence of the performance of such labor. The failure to file such affidavit shall be considered prima facie evidence that such labor has not been done.

When the performance of annual labor upon any lode or placer claim is suspended, extended or waived by act of congress of the United States, and provision is therein made for filing or recording a notice, affidavit or statement by the claimant or other person for him, accepting the provisions of said act, then the same shall be filed as herein provided for affidavit of performance of annual labor, and the same fees shall be charged therefor and the same effect shall be given thereto, and the same presumptions shall arise therefrom as provided herein for said affidavit of performance of annual labor.

History:

[(47-606) R.S., sec. 3101; am. 1899, p. 237, sec. 6; am. 1899, p. 440, sec. 2; reen. R.C., sec. 3211; am. 1913, ch. 72, sec. 1, p. 308; reen. C.L., sec. 3211; C.S., sec. 5525; I.C.A., sec. 46-606; am. 1945, ch. 114, sec. 1, p. 176; am. 1951, ch. 251, sec. 2, p. 540; am. 1957, ch. 171, sec. 1, p. 306; am. 1959, ch. 72, sec. 2, p. 157; am. 1970, ch. 92, sec. 8, p. 227; am. 1976, ch. 281, sec. 4, p. 964; am. 1982, ch. 207, sec. 1, p. 570; am. 2002, ch. 32, sec. 19, p. 57.]
Idaho Code § 47-1609 — Idaho Code / Title 47 / Chapter 16 / Section 47-1609
47-1609 LEASES — CANCELLATION.
Status: in_force

47-1609. Leases — Cancellation. The state board of land commissioners shall reserve and may exercise the authority to cancel any geothermal resource lease upon failure by the lessee to exercise due diligence or care in the prosecution of his operations in accordance with the terms and conditions stated in such lease and with all laws of the state of Idaho, and shall insert in every such lease appropriate provisions for its cancellation by the board in the event of noncompliance upon the part of the lessee.

History:

[47-1609, added 1972, ch. 182, sec. 1, p. 467.]
Idaho Code § 47-328 — Idaho Code / Title 47 / Chapter 3 / Section 47-328
47-328 RULES FOR COMMISSION — ADMINISTRATIVE PROCEDURES.
Status: in_force

47-328. Rules for commission — administrative procedures. (1) The commission shall have authority to hear rulemaking proceedings, complaints filed with it pursuant to this chapter and appeals from the administrator's decision on an application filed pursuant to this chapter, and any other matter the commission decides should be heard by the commission. The commission may act on its own motion. The commission may prescribe rules governing the procedure before it, subject to the provisions of the administrative procedure act, chapter 52, title 67, Idaho Code.

(2) In all cases where a complaint is made by the commission or any person that any provision of this act or any rule or order of the commission is being violated, the commission shall serve notice of any hearing to be held on such application or complaint to the interested persons by certified mail, return receipt requested, or in the same manner as is provided in the rules of civil procedure for the service of summons in civil actions. Where the interested person is unknown or cannot be located, the commission shall serve notice by publishing at least one (1) notice of the hearing to such person in a newspaper of general circulation in the county where the affected tract is located. Such notice must be sent, delivered or published, as appropriate, at least five (5) business days before the date of the hearing.

(3) Except as provided in section 47-316(1)(a), Idaho Code, and subsection (2) of this section, any request for an order related to oil and gas activities within the commission's jurisdiction, other than a civil penalty proceeding pursuant to section 47-329, Idaho Code, or other enforcement action by the department of lands or the commission, shall be made by application to the department of lands and processed as provided in this section.

(a) The department shall notify the applicant within five (5) business days of receipt of an application if additional information is required for the department to evaluate the application.

(b) For applications involving an order regarding establishment or amendment of a spacing unit, unit operations or integration of a spacing unit, the applicant shall send a copy of the application and supporting documents to all known and located uncommitted mineral interest owners, all working interest owners within the proposed spacing unit, and the respective city or county where the proposed unit is located. The mailing shall be sent by certified mail within seven (7) days of filing the application and include notice of the hearing date on which the administrator will consider the application. For any uncommitted owners and working interest owners who cannot be located, an applicant shall publish notice of any application for an order, notice of hearing and response deadline once in a newspaper of general circulation in the county in which the affected property is located and request the department publish notice on its website within seven (7) days of filing of the application. Only an uncommitted owner in the affected unit may file an objection or other response to the application, and the uncommitted owner shall file at least fourteen (14) days before the hearing date provided in the notice.

(c) For applications not involving paragraph (b) of this subsection, the department and any uncommitted owner within the area defined in the application may file objections or other responses to the application and shall file at least fourteen (14) days before the hearing date provided in the notice.

(d) The administrator shall hear the application and make a decision on the application's merits. The administrator shall set regular hearing dates. Applications shall be filed at least forty-five (45) days before a desired hearing date. Untimely applications shall be continued until the next hearing. The administrator may for good cause continue any hearing. The administrator may appoint a hearing officer, who shall have the power and authority to conduct hearings. Discovery is not permitted. The department may appear and testify at the hearing. When applications are uncontested, the applicant may request and the administrator may allow approval without a hearing based on review of the merits of a verified application and the supporting exhibits.

(e) The administrator shall issue a written decision on any such application within thirty (30) days of the hearing. The administrator's decision shall not be subject to any motion for reconsideration or further review, except for appeal to the commission provided in subsection (4) of this section.

(4) The administrator's decision on an application or a request for an order may be appealed to the commission by the applicant or any owner who filed an objection or other response to the application within the time required. An appeal must be filed with the administrator within fourteen (14) days of the date of issuance of the administrator's written decision. The date of issuance shall be three (3) days after the administrator deposits the decision in the U.S. mail, or the date on which he remits a decision electronically. Such appeal shall include the reasons and authority for the appeal and shall identify any facts in the record supporting the appeal. Any person appealing shall serve a copy of the appeal materials on any other person who participated in the proceedings, by certified mail, or by personal service. Any person who participated in the proceeding may file a response to the appeal within five (5) business days of service of a copy of the appeal materials. The appellant shall provide the administrator with proof of service of the appeal materials on other persons as required in this section. The commission shall make a decision based on the record as set forth in the written submittals of only the appellant and any other participating qualified person, the administrator's decision, and any oral argument taken by the commission at an appeal hearing.

(5) Appeals to the commission shall be heard at the next regularly scheduled commission hearing, or at a special meeting of the commission if determined by the commission. In no case will a hearing be later than thirty (30) days after the filing of an appeal. The commission may take argument from, but not new testimony of, the appellant and other qualified participating persons at the hearing. The commission shall make a decision on the appeal at the hearing and issue a written order within five (5) business days of the hearing. The prevailing party shall draft a proposed written order and submit it within two (2) business days. The final order of the commission shall not be subject to any motion for reconsideration.

(6) If no appeal is filed with the commission within the required time, the decision of the administrator shall become the final order.

(7) Judicial review of actions taken by the commission shall be governed by the provisions of chapter 52, title 67, Idaho Code.

(8) For an application or request for an order submitted under subsection (3) of this section, only a person qualified under subsection (4) of this section who has completed the appeal procedures set forth in this section shall be considered to have exhausted administrative remedies as required in section 67-5271, Idaho Code.

(9) Each order shall include a reasoned statement in support of the decision, including a concise statement of facts supporting any findings, a statement of available procedures and time limits for appeals. Findings must be based exclusively on materials in the record. The applicant and any participating qualified person shall be served with a copy of the order. The order shall include or be accompanied by a certificate of service.

(10) Every application shall be signed by the applicant or his representative, and his address shall be stated thereon. The signature of the applicant or his representative constitutes a certificate by him that he has read the application and that to the best of his knowledge, information and belief there is good ground to support the same. Each application shall be of such form and content and accompanied by the number of copies required by rule of the commission. Each application shall be accompanied by a fee as established in statute or rule.

History:

[(47-328) 47-324, added 1963, ch. 148, sec. 10, p. 433; am. 1974, ch. 17, sec. 33, p. 308; am. 1981, ch. 247, sec. 1, p. 495; am. 1993, ch. 216, sec. 42, p. 625; am. 2016, ch. 48, sec. 7, p. 141; am. 2017, ch. 121, sec. 3, p. 284; am. and redesig. 2017, ch. 271, sec. 21, p. 699; am. 2018, ch. 169, sec. 13, p. 361; am. 2023, ch. 283, sec. 12, p. 863.]
Idaho Code § 47-309 — Idaho Code / Title 47 / Chapter 3 / Section 47-309
47-309 TITLE.
Status: in_force

47-309. Title. This act may be cited as the Oil and Gas Conservation Act.

History:

[(47-309) 47-329, added 1963, ch. 148, sec. 16, p. 433; am. and redesig. 2017, ch. 271, sec. 1, p. 678.]
Idaho Code § 47-1610 — Idaho Code / Title 47 / Chapter 16 / Section 47-1610
47-1610 CONSTITUTIONAL REQUIREMENTS — COMPLIANCE.
Status: in_force

47-1610. Constitutional requirements — Compliance. All grants and permissions under this act shall be executed as required by the Constitution of the state of Idaho, Article IV, Section 16.

History:

[47-1610, added 1972, ch. 182, sec. 1, p. 467.]
Idaho Code § 47-1513 — Idaho Code / Title 47 / Chapter 15 / Section 47-1513
47-1513 OPERATOR'S FAILURE TO COMPLY — FORFEITURE OF FINANCIAL ASSURANCE — PENALTIES — RECLAMATION FUND — CYANIDATION CLOSURE FUND.
Status: in_force

47-1513. Operator's failure to comply — Forfeiture of financial assurance — Penalties — Reclamation fund — Cyanidation closure fund. (a) Whenever the board determines that an operator has not complied with the provisions of this chapter, the board may notify the operator of such noncompliance and may, by private conference, conciliation, and persuasion, endeavor to remedy such violation. In the event of a violation referred to in subsections (d) and (e) of this section, the board may proceed without an administrative action, hearing or decision to exercise the remedies set forth in said subsections. Additionally, no administrative action, hearing or decision shall be required from the Idaho board of environmental quality prior to the board proceeding under subsections (d) and (e) of this section. In the event of the failure of any conference, conciliation and persuasion to remedy any alleged violation, the board may cause to have issued and served upon the operator alleged to be committing such violation a formal complaint that shall specify the provisions of this chapter that the operator allegedly is violating and a statement of the manner in and the extent to which said operator is alleged to be violating the provisions of this chapter. Such complaint may be served by certified mail, and a return receipt signed by the operator, an officer of a corporate operator, or the designated agent of the operator shall constitute service. The operator shall answer the complaint and request a hearing before a designated hearing officer within thirty (30) days from receipt of the complaint if matters asserted in the complaint are disputed. If the operator fails to answer the complaint and request a hearing, the matters asserted in the complaint shall be deemed admitted by the operator, and the board may proceed to cancel the reclamation or permanent closure plan and forfeit the financial assurance in the amount necessary to reclaim affected lands or complete the permanent closure activities. Upon request for a hearing by an operator, the board shall schedule a hearing before a hearing officer appointed by the board at a time not less than thirty (30) days after the date the operator requests a hearing. The board shall issue subpoenas at the request of the director of the department of lands and at the request of the charged operator, and the matter shall be otherwise handled and conducted in accordance with chapter 52, title 67, Idaho Code. The hearing officer shall, pursuant to said hearing, enter an order in accordance with chapter 52, title 67, Idaho Code, which, if adverse to the operator, shall designate a time period within which corrective action should be taken. The time period designated shall be long enough to allow the operator, in the exercise of reasonable diligence, to rectify any failure to comply designated in said order. In the event that the operator takes such action as is necessary to comply with the order within the time period designated in said order, no further action shall be taken by the board to compel performance under the chapter.

(b) Upon request of the board, the attorney general shall institute proceedings to have the financial assurance of an operator forfeited for the violation by the operator of an order entered pursuant to this section.

(c) The forfeiture of such financial assurance shall fully satisfy all obligations of the operator to reclaim the affected land or complete permanent closure activities under the provisions of this chapter. If the violation involves an operator that has not furnished financial assurance required by this chapter, or an operator that is not required to furnish financial assurance pursuant to this chapter, or an operator who violates this chapter by performing an act not included in the original approved reclamation plan or the original approved permanent closure plan, and such departure from the plan is not subsequently approved, such operator shall be subject to a civil penalty for his failure to comply with such order in the amount determined by the board to be the anticipated cost of reasonable reclamation of affected lands or permanent closure of the cyanidation facility. Nothing in this subsection shall relieve the operator of any obligation, including the obligation to complete closure requirements, pursuant to a permit issued by the department of environmental quality under section 39-118A, Idaho Code, or limit that department's authority to require compliance with such permit requirements.

(d) Notwithstanding any other provisions of this chapter, the board may commence an action without financial assurance or undertaking, in the name of the state of Idaho, to enjoin any operator who is conducting operations without an approved plan required by section 47-1506, Idaho Code, or without the financial assurance required by this chapter. The court, or a judge thereof at chambers, if satisfied from the complaint or by affidavits that such acts have been or are being committed, shall issue a temporary restraining order without notice or bond, enjoining the defendant, his agents, and employees from conducting such operations without said plan or bond. Upon a showing of good cause therefor, the temporary restraining order may require the defendant to perform reclamation of the mined area in conformity with sections 47-1509 and 47-1510, Idaho Code, or to complete permanent closure activities, pending final disposition of the action. The action shall then proceed as in other cases for injunctions. If it is established at trial that the defendant has operated without an approved plan or financial assurance, the court shall enter, in addition to any other order, a decree enjoining the defendant, his agents and employees from thereafter conducting such activities or similar actions in violation of this chapter. The board may, in conjunction with its injunctive procedures, proceed in the same or in a separate action to recover from an operator who is conducting mining or exploration operations or operating a cyanidation facility without the required plan or financial assurance, the cost of performing the reclamation activities required by sections 47-1509 and 47-1510, Idaho Code, or the cost of permanent closure activities from any such operator who has not provided financial assurance to cover the cost of the required activities.

(e) Notwithstanding any other provision of this chapter, the board may, without bond or undertaking and without any administrative action, hearing or decision, commence an action in the name of the state of Idaho (1) to enjoin a permitted mining operation or cyanidation facility when, under an existing approved plan, an operator violates the terms of the plan and where immediate and irreparable injury, loss or damage may result to the state, and (2) to recover the penalties and to collect civil damages provided for by law.

(f) In addition to the procedures set forth in subsections (a), (d) and (e) of this section, and in addition to the civil penalty provided in subsection (c) of this section, any operator who violates any of the provisions of this chapter or rules adopted pursuant thereto, or who fails to perform the duties imposed by these provisions, or who violates any determination or order promulgated pursuant to the provisions of this chapter, shall be liable to a civil penalty of not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) for each day during which such violation continues, and in addition may be enjoined from continuing such violation. Such penalties shall be recoverable in an action brought in the name of the state of Idaho by the attorney general in the district court for the county where the violation, or some part thereof, occurs, or in the district court for the county wherein the defendant resides.

(1) All sums recovered related to the reclamation provisions of this chapter shall be placed in the state treasury and credited to the mining reclamation fund, which is hereby created, to be used to reclaim affected lands and to administer the reclamation provisions of this chapter.

(2) All sums recovered related to the cyanidation facility closure provisions of this chapter shall be placed in the state treasury and credited to the cyanidation facility closure fund, which is hereby created. Moneys in the fund may be expended pursuant to appropriation and used to complete permanent closure activities and to administer the permanent closure provisions of this chapter.

(g) Any person who willfully and knowingly falsifies any records, information, plans, specifications, or other data required by the board or willfully fails, neglects, or refuses to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) or imprisonment not to exceed one (1) year, or both.

(h) Reclamation plans approved by the board as of July 1, 2019, shall be deemed to be in full compliance with the requirements of this chapter.

History:

[47-1513, added 1971, ch. 206, sec. 13, p. 898; am. 1973, ch. 180, sec. 5, p. 415; am. 1974, ch. 17, sec. 37, p. 308; am. 1985, ch. 123, sec. 2, p. 305; am. 1988, ch. 223, sec. 3, p. 427; am. 1993, ch. 216, sec. 47, p. 630; am. 1997, ch. 269, sec. 5, p. 778; am. 2001, ch. 103, sec. 88, p. 328; am. 2005, ch. 167, sec. 11, p. 522; am. 2005, ch. 341, sec. 2, p. 1066; am. 2006, ch. 37, sec. 1, p. 101; am. 2019, ch. 226, sec. 13, p. 707.]
Idaho Code § 47-708 — Idaho Code / Title 47 / Chapter 7 / Section 47-708
47-708 RIGHTS AND LIABILITIES OF LESSEES.
Status: in_force

47-708. Rights and liabilities of lessees. A lessee of valuable mineral deposits shall have the right at all times to enter upon the lands described in his lease for prospecting and mining, provided he shall not injure, damage, or destroy the improvements of the surface owner; and the lessee shall be liable to and shall compensate such owner for all damages to the surface of said land and improvements thereon.

Any such lessee may occupy so much of the surface of said land as may be required for all purposes reasonably incident to the mining and removal of the mineral deposits: first, upon securing the written consent or waiver of the surface owner; or, second, upon payment of the damages to the surface of said land and improvements thereon to the owner thereof where agreement may be had as to the amount thereof; or, third, in lieu of either of the foregoing provisions, upon the execution of a good and sufficient bond, or undertaking, to the state of Idaho, for the use and benefit of the owner of the land to secure the payment of such damages, as may be determined and fixed in an action brought upon the bond or undertaking in a court of competent jurisdiction against the principal and sureties thereon, such bond or undertaking to be in the form prescribed by and in accordance with the rules and regulations of the board and to be filed with and approved by the board.

Lessees of mineral lands shall fully protect the rights of all agricultural and grazing leases which have been heretofore, or may be hereafter granted, by erecting and keeping closed gates in all fences which may be opened, and inclosing or keeping covered all shafts, holes or open cuts.

History:

[(47-708) 1923, ch. 96, sec. 10, p. 115; am. 1925, ch. 220, sec. 6, p. 404; I.C.A., sec. 46-710.]
Idaho Code § 47-1802 — Idaho Code / Title 47 / Chapter 18 / Section 47-1802
47-1802 APPLICABILITY.
Status: in_force

47-1802. Applicability. Mine operators who are working under the requirements of title 47, Idaho Code, may be required to provide alternative financial assurance, and if so required, shall provide such alternative financial assurance in accordance with the provisions of this chapter.

History:

[47-1802, added 2002, ch. 153, sec. 1, p. 448.]
Idaho Code § 47-804 — Idaho Code / Title 47 / Chapter 8 / Section 47-804
47-804 LIMITATION ON AREA COVERED BY LEASE — RIGHT TO HOLD MORE THAN ONE LEASE.
Status: in_force

47-804. Limitation on area covered by lease — Right to hold more than one lease. No single oil and gas lease given and granted under the provisions of this act shall be for an area exceeding one (1) section, provided that one (1) person, firm or corporation may hold more than one lease.

History:

[47-804, added 1937, ch. 130, sec. 4, p. 200; am. 1949, ch. 128, sec. 3, p. 226.]
Idaho Code § 47-324 — Idaho Code / Title 47 / Chapter 3 / Section 47-324
47-324 REPORTING REQUIREMENTS.
Status: in_force

47-324. reporting requirements. (1) All reporting parties shall file the applicable reports described in this section to the department within the time frames provided. Each report shall be completed on forms prescribed by the department.

(a) Monthly production report. Operators shall file monthly production reports to properly account for all oil, gas and water production and disposition from each well, including the amounts of oil and gas sold from each well. Production reports shall be filed on the required form before the fifteenth day of the second calendar month following the month of production.

(b) Gathering facility report. Operators of a gathering facility shall file monthly reports concerning the operation of the plant on the required form before the fifteenth day of the second calendar month following the month of operation.

(c) Gas processing plant report. The operator of each plant manufacturing or extracting liquid hydrocarbons, including gasoline, butane, propane, condensate, kerosene or other derivatives from natural gas, or refinery or storage vapors, shall file a report concerning the operation of the plant on the required form before the fifteenth day of the second calendar month following the month of operation.

(d) Monthly transportation and storage report. Each gatherer, transporter, storer or handler of crude oil or hydrocarbon products, or both, shall file monthly reports showing the required information concerning the transportation operations of the gatherer, transporter, storer or handler before the fifteenth day of the second calendar month following the month of operation.

(e) Monthly end purchaser report. Any third-party, arms-length purchaser of oil, gas, or condensate that is ready for refining or other use that is subject to the state of Idaho severance tax from the producer or operator of a lease located in this state shall file monthly reports to account for the purchase of all hydrocarbons, including volume and price paid. End purchaser reports shall be filed on the required form before the fifteenth day of the second calendar month following the month in which the hydrocarbons were purchased. If the end purchaser does not provide the required report, the operator shall provide the information specified in this paragraph by the end of the second calendar month following the month in which the hydrocarbons were purchased.

(2) All well test reports. An operator shall file all well test reports within thirty (30) days of completing or recompleting the well. The reports shall include all oil, gas and water produced during all tests.

(3) Well production potential test reports. Unless otherwise provided for in this section, each operator of producing gas or oil wells shall test each producing well for a twenty-four (24) hour period every six (6) months and shall record all oil, gas and water volumes, including choke size, pressures and any interim bottom hole pressure surveys every six (6) months resulting from the test on the form.

(4) Logs. An operator shall file all logs no later than thirty (30) days after the date the log was run. Such logs include but are not limited to:

(a) An open hole electrical, radioactivity or other similar log, or combination of open hole logs of the operator's choice;

(b) A gamma ray log from total depth to ground level elevations. The operator may require a shorter-logged interval if it determines that the log is unnecessary or impractical or if hole conditions risk jeopardizing the open hole; and

(c) A cement bond log across the casing, verifying the formation seal integrity and isolation.

(5) Additional reports. An operator shall file a drilling, completion, workover or plugging report within thirty (30) days of completing or plugging the well.

(6) The department shall report quarterly to the commission on the produced volumes of oil and gas, sales volumes of oil and gas, and the meeting of industry standards.

(7) Should an operator fail to comply with this section, the commission may assess a penalty in accordance with section 47-329(3), Idaho Code, or may order the well or oil and gas facilities to be shut-in after notice, opportunity to cure, and opportunity for a hearing.

History:

[47-324, added 2017, ch. 271, sec. 17, p. 696; am. 2023, ch. 283, sec. 9, p. 861.]
Idaho Code § 47-1803 — Idaho Code / Title 47 / Chapter 18 / Section 47-1803
47-1803 RECLAMATION FUND CREATED — FINANCIAL ASSURANCE.
Status: in_force

47-1803. Reclamation fund created — Financial assurance. (1) The state treasurer shall be the custodian of an interest-bearing, dedicated fund known as the "Reclamation Fund" which is hereby created. The reclamation fund shall be funded by payments from applicable parties, interest and cost recoveries initiated by the state board of land commissioners. All payments, interest and cost recoveries shall be established by the state board of land commissioners.

(2) An operator's commitment to reclaim affected lands and operator's payments to the reclamation fund shall be documented on a department of lands form requiring that the operator shall faithfully perform the requirements of the approved plan and comply with all administrative rules and policy governing the operation.

(3) Moneys accruing to or received by the fund shall be expended by the department of lands, after approval by the state board of land commissioners and upon legislative appropriation, for reclamation of mines subject to the provisions of this chapter. Moneys in excess of those needed for reclamation liabilities shall be utilized, after approval of the state board of land commissioners, for mine administration, abandoned mine land reclamation or educational purposes. The state board of land commissioners shall adopt policy to determine an appropriate minimum balance to be maintained in the reclamation fund for reclamation liabilities.

History:

[47-1803, added 2002, ch. 153, sec. 1, p. 448.]
Idaho Code § 47-1201 — Idaho Code / Title 47 / Chapter 12 / Section 47-1201
47-1201 LICENSE TAX TO BE MEASURED BY ONE PERCENT OF THE NET VALUE OF ORES MINED — DEFINITION OF ROYALTY.
Status: in_force

47-1201. License tax to be measured by one percent of the net value of ores mined — Definition of royalty. (a) Tax on mining or on receiving royalties. For the privilege of mining in this state, both placer and rock in place, every person, copartnership, company, joint stock company, trust, corporation or association, however and for whatever purpose organized, engaged in mining, upon or receiving royalties from any quartz vein or lode, or placer or rock in place mining claim, in this state containing gold, silver, copper, lead, zinc, coal, phosphate, limestone, or other precious and valuable metals or minerals, or metal or mineral deposits, shall pay to the state of Idaho, in addition to all other taxes provided by law, a license tax equal in amount to one percent (1%) of the net value of the royalties received or the ores mined or extracted as determined under section 47-1202, Idaho Code, said tax to accrue during the taxable year that the product is sold or used and shall on the last day of such taxable year become a lien on property in this state of such person, copartnership, company, joint stock company, trust, corporation, or association, said tax to be due and payable on or before the fifteenth day of the fourth month following the close of the taxable year.

(b) Definition of royalties. For the purpose of paragraph (a) of this section and chapter, the word "royalties" shall be construed to mean the amount in money or value of property received based upon the quantity or value of minerals extracted by any person, copartnership, company, joint stock company, trust, corporation, or association, having any right, title or interest in or to any tract of land, or any economic interest in minerals as defined by section 613 of the Internal Revenue Code, in this state for which permission has been given to another to explore, mine, take out and remove ore therefrom.

(c) Definition of taxable year. The term "taxable year" with respect to any taxpayer means the taxable year elected for income tax purposes under the provisions of section 63-3010, Idaho Code.

History:

[47-1201, added 1935 (1st E.S.), ch. 65, sec. 1, p. 182; am. 1941, ch. 106, sec. 1, p. 188; am. 1972, ch. 99, sec. 1, p. 209; am. 1977, ch. 93, sec. 1, p. 189; am. 2001, ch. 207, sec. 1, p. 703.]
Idaho Code § 47-706 — Idaho Code / Title 47 / Chapter 7 / Section 47-706
47-706 FORFEITURE OF IMPROVEMENTS.
Status: in_force

47-706. Forfeiture of improvements. If any mineral lease has been cancelled for a period of one (1) year and a new lease has not issued the improvements upon the property shall revert to and become the property of the state.

History:

[(47-706) 1923, ch. 96, sec. 8, p. 115; I.C.A., sec. 46-708.]
Idaho Code § 47-612 — Idaho Code / Title 47 / Chapter 6 / Section 47-612
47-612 MANNER OF RECORDING NOTICES.
Status: in_force

47-612. Manner of recording notices. The location notice herein required to be recorded must be recorded in the office of the county recorder of the county in which the claim is located (when the legal fee therefor is tendered), in a book kept for that purpose. Said book must be indexed, with the names of all the locators arranged in alphabetical order, according to the family or surname of each.

History:

[(47-612) 1881, p. 262, sec. 6; R.S., sec. 3105; am. 1895, p. 25, sec. 14; reen. 1899, p. 237, sec. 14; reen. R.C. & C.L., sec. 3217; C.S., sec. 5531; am. 1931, ch. 114, sec. 2, p. 195; I.C.A., sec. 46-612; am. 1937, ch. 7, sec. 1, p. 18; am. 1957, ch. 170, sec. 1, p. 305; am. 1970, ch. 92, sec. 12, p. 227; am. 1976, ch. 281, sec. 5, p. 966.]
Idaho Code § 47-1506 — Idaho Code / Title 47 / Chapter 15 / Section 47-1506
47-1506 OPERATOR — DUTIES PRIOR TO OPERATION — SUBMISSION OF MAPS AND PLANS.
Status: in_force

47-1506. Operator — Duties prior to operation — Submission of maps and plans. (a) Any operator desiring to conduct mining operations within the state of Idaho for the purpose of immediate or ultimate sale of the minerals in either the natural or processed state shall submit to the board prior to commencing such mining operations a reclamation plan that contains the following:

(1) A map of the mine panel on which said operator desires to conduct mining operations, which sets forth with respect to said panel the following:

(i) The location of existing roads and anticipated access and main haulage roads planned to be constructed in conducting the mining operations.

(ii) The approximate boundaries of the lands to be utilized in the process of mining operations.

(iii) The approximate location and, if known, the names of all streams, creeks, or bodies of water within the area where mining operations shall take place.

(iv) The name and address of the person to whom notices, orders, and other information required to be given to the operator pursuant to this chapter may be sent.

(v) The drainage adjacent to the area where the surface is being utilized by mining operations.

(vi) The approximate boundaries of the lands that will become affected lands as a result of mining operations during the year immediately following the date that a reclamation plan is approved as to said panel, together with the number of acres included within said boundaries.

(vii) A description of foreseeable water quality impacts from mining operations and proposed water management activities to comply with water quality requirements.

(viii) A description of post-closure activities.

(2) Diagrams showing the planned location of pits, mineral stockpiles, overburden piles and tailings ponds on said panel.

(3) A description of the action which said operator intends to take to comply with the provisions of this chapter as to the mining operations conducted on such mine panel.

(b)(1) Any operator who is not required to submit an operating plan for a mining operation to an entity of the federal government shall submit to the board, as part of the reclamation plan, an operating plan with regards to that mining operation. The operating plan shall include:

(i) Maps showing the location of existing roads and anticipated access and main haulage roads planned to be constructed for mining operations.

(ii) The boundaries and acreage of the lands to be utilized in the process of mining operations.

(iii) Maps showing the planned location of pits, mineral stockpiles, overburden piles and tailings ponds for the mining operations.

(iv) The location and, if known, the names of all streams, creeks, or bodies of water within the area where mining operations shall take place.

(v) The drainage adjacent to the area where the surface is being utilized by mining operations.

(vi) The approximate boundaries and acreage of the lands that will become affected during the first year of construction of mining operations.

(2) The board shall promulgate rules or guidelines to allow the content of a nonfederal operating plan to be determined based upon the type and size of the mining operation.

(c) No operator who is required to submit an operating plan for a mining operation to an entity of the federal government shall be required to submit an operating plan to the board. This provision shall apply to all lands, regardless of surface or mineral ownership, covered by the operating plan submitted to the entity of the federal government.

(d) No operator shall commence mining operations on any mine panel without first having a reclamation plan approved by the state board of land commissioners.

(e) Any operator desiring to conduct exploration operations within the state of Idaho using motorized earth-moving equipment in order to locate minerals for immediate or ultimate sale in either the natural or the processed state shall notify the board in writing prior to or as soon after beginning exploration operations as possible and in any event within seven (7) days after beginning exploration operations. The notice shall include the following:

(1) The name and address of the operator;

(2) The location of the operation and the starting date and estimated completion date;

(3) The anticipated size of the operation, and the general method of operation.

The notice shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

(f) Any operator desiring to operate a cyanidation facility within the state of Idaho shall submit to the board prior to the operation of such a facility a permanent closure plan that contains the following:

(1) The name and address of the operator;

(2) The location of the operation;

(3) The objectives, methods and procedures the operator will use to attain permanent closure;

(4) An estimate of the cost of attaining permanent closure as well as an estimate of the costs to achieve critical phases of the closure plan;

(5) Any other information specified in the rules adopted to carry out the intent and purposes of this chapter; and

(6) An operator may incorporate a description of post-closure activities in a permanent closure plan in lieu of inclusion in a reclamation plan.

(g) The board may require a reasonable fee for reviewing and approving a permanent closure plan or reclamation plan. The fee may include the reasonable cost to employ a qualified independent party, acceptable to the operator and the board, to verify the accuracy of the cost estimate required in subsection (f)(4) of this section and section 47-1512(c), Idaho Code.

(h) The board shall coordinate its review of activities in a reclamation plan, operating plan, and permanent closure plan under statutory responsibility of the department of environmental quality with that department, but that coordination shall not extend the time limit in which the board must act on a plan submitted.

(i) No operator shall commence operation of a cyanidation facility without first having a permanent closure plan approved by the board.

History:

[47-1506, added 1971, ch. 206, sec. 6, p. 898; am. 1973, ch. 180, sec. 3, p. 415; am. 1990, ch. 213, sec. 65, p. 534; am. 1997, ch. 269, sec. 1, p. 772; am. 2005, ch. 167, sec. 7, p. 515; am. 2006, ch. 16, sec. 5, p. 48; am. 2015, ch. 141, sec. 122, p. 471; am. 2018, ch. 76, sec. 2, p. 171; am. 2019, ch. 226, sec. 6, p. 697.]
Idaho Code § 47-908 — Idaho Code / Title 47 / Chapter 9 / Section 47-908
47-908 RIGHTS UPON PAYMENT OF DAMAGES.
Status: in_force

47-908. Rights upon payment of damages. Upon the payment of the sum assessed as damages as aforesaid, to the persons to whom it is awarded, or a tender thereof to them, then the person petitioning as aforesaid, is entitled to the right of way prayed for in his petition, and may immediately proceed to occupy the same and erect thereon such works and structures, and make therein such excavations, as may be necessary to the use and enjoyment of the right of way so awarded.

History:

[(47-908)1876, p. 70, sec. 8; R.S., sec. 3137; reen. R.C. & C.L., sec. 3230; C.S., sec. 5544; I.C.A., sec. 46-808.]
Idaho Code § 47-317 — Idaho Code / Title 47 / Chapter 3 / Section 47-317
47-317 SPACING UNITS.
Status: in_force

47-317. spacing units. (1) To prevent or assist in preventing the waste of oil and gas, to avoid drilling unnecessary wells or to protect correlative rights, the department may, on its own motion or on the application of an interested person, and after notice and opportunity for hearing, issue an order establishing spacing units on a statewide basis, or for defined areas within the state, or for oil and gas wells drilled to varying depths.

(2) An order establishing spacing units shall specify the location, size, and shape of the unit, which, in the opinion of the department, shall result in the efficient and economical development of the pool as a whole. These units established by the department shall be geographic. The geographic boundary of the unit shall be described in accordance with the public land survey system. The department shall issue an order establishing a spacing unit or units to determine the area that can be efficiently and economically drained by one (1) well for the orderly development of the pool. The department may amend the order if evidence determines that additional wells are needed to efficiently and economically drain the pool or if evidence indicates the location of the pool is different from that in the initial order. Such amendment is subject to notice and an opportunity for hearing as provided in section 47-328, Idaho Code.

(3) In the absence of an order by the department establishing spacing units, or authorizing different well density patterns for particular pools or parts thereof, the following requirements shall apply:

(a) Oil wells. Every well drilled for oil shall be located in a spacing unit consisting of a forty (40) acre governmental quarter-quarter section or lot or tract, or combination of lots and tracts substantially equivalent thereto.

(i) An oil well located on a forty (40) acre spacing unit shall have a minimum setback of three hundred thirty (330) feet from the completed interval of the wellbore to the closest exterior geographic boundary of the unit.

(ii) No oil well shall be drilled less than nine hundred ninety (990) feet from any other well drilling to and capable of producing oil from the same pool.

(b) Directional and vertical gas wells. Every directional well and vertical well drilled for gas shall be located in a spacing unit consisting of a six hundred forty (640) acre governmental section or lot or tract, or combination of lots and tracts substantially equivalent thereto. A directional or vertical gas well located on a six hundred forty (640) acre spacing unit shall have a minimum setback of six hundred sixty (660) feet from the completed interval of the wellbore to the closest exterior boundaries of the governmental section.

(i) No gas well shall be drilled with the closest point of its completed interval less than nine hundred ninety (990) feet from the closest point of the completion interval of any other well drilling to and capable of producing gas from the same pool; and

(ii) No gas well shall be completed in a known pool unless the closest point of the completion interval is located more than nine hundred ninety (990) feet from the closest point of the completion interval of any other well completed in and capable of producing gas from the same pool.

(c) Horizontal wells. Every horizontal well drilled shall be located in a spacing unit consisting of a six hundred forty (640) acre governmental section or lot or tract, or combination of lots and tracts substantially equivalent thereto. No portion of the completed interval of a horizontal lateral shall be closer than six hundred sixty (660) feet to a vertical plane intersecting with the closest point of a unit boundary or uncommitted tract within a unit. Except for wells in federal exploratory units or in secondary units, the completed interval shall be no closer than one thousand three hundred twenty (1,320) feet to any horizontal well or vertical well completed in the same formation.

(4) An operator may request an amendment in the size, shape or location of a spacing unit under this section. Request may be made for spacing units that are:

(a) Larger or smaller than forty (40) acres for oil;

(b) Larger or smaller than six hundred forty (640) acres for gas; or

(c) Not located within the boundaries of a governmental section, quarter section or quarter-quarter section.

(5) An amendment to spacing units may be authorized upon application, notice and an opportunity for hearing as provided in section 47-328, Idaho Code. To authorize an amendment, the department shall find that such amendment would assist in preventing the waste of oil and gas, avoid drilling of unnecessary wells, or protect correlative rights. In addition to any other notice required by statute or rule, an operator shall provide proper notice and a copy of the application to all uncommitted owners within the proposed unit and to all other parties an operator reasonably believes may be affected. In amending spacing units under this section, the department shall review the spacing unit's size, shape and location based on the application, any supporting exhibits, and evidence introduced at a hearing.

(6) The department may amend an order that establishes spacing units for a pool to provide for:

(a) An exception to the authorized location of a well;

(b) The inclusion or exclusion of additional areas that overlay the pool as determined by the commission;

(c) The increase or decrease of the size of spacing units; or

(d) The drilling of additional wells within spacing units. A pool may be divided into zones, and a spacing unit for each zone may be established if necessary. The spacing unit within the zone may not be smaller than the maximum area that can be efficiently and economically drained by one (1) or more wells.

(7) Upon the filing of an application to establish a spacing unit, no additional well shall be commenced for production from the pool until the order establishing a spacing unit has been made, unless the commencement of the well is authorized by order of the department.

(8) The department may establish a spacing unit and concurrently authorize the drilling of more than one (1) well in a spacing unit if the department finds that:

(a) Engineering or geologic characteristics justify the drilling of more than one (1) well in that spacing unit; and

(b) The drilling of more than one (1) well in that spacing unit will not result in waste.

History:

[47-317, added 2017, ch. 271, sec. 10, p. 687; am. 2023, ch. 283, sec. 5, p. 852.]
Idaho Code § 47-601 — Idaho Code / Title 47 / Chapter 6 / Section 47-601
47-601 MINING CLAIM LOCATIONS AUTHORIZED.
Status: in_force

47-601. Mining claim locations authorized. Persons are authorized to locate mining claims upon that public domain in the state of Idaho which is open to location under the mining laws of the United States. The location of a mining claim shall be made by posting notice of location and by marking the boundaries as provided in section 47-602 of this chapter.

History:

[47-601, added 1970, ch. 92, sec. 2, p. 227.]
Idaho Code § 47-322 — Idaho Code / Title 47 / Chapter 3 / Section 47-322
47-322 OIL AND GAS METERING SYSTEMS.
Status: in_force

47-322. oil and gas metering systems. (1) Each meter shall be properly constructed, maintained, repaired and operated to continually and accurately register the quantity of oil and gas produced from the well.

(2) The meter shall be installed, used and operated according to industry standards and guidelines promulgated by the American petroleum institute, American gas association, and the gas processors association that are in effect at the time of installation of the meter. If standards conflict, the most current American petroleum institute standard shall apply.

(3) All custody transfer meters and all allocation meters used in the allocation of custody transfer volumes shall be calibrated by a third party at least quarterly in each calendar year. The records of calibrations shall be maintained by the operator of the meter for at least five (5) years and copies shall be submitted to the department.

History:

[47-322, added 2017, ch. 271, sec. 15, p. 696.]
Idaho Code § 47-1508 — Idaho Code / Title 47 / Chapter 15 / Section 47-1508
47-1508 AMENDED PLAN — SUPPLEMENTAL PLAN — SUBMISSION.
Status: in_force

47-1508. Amended plan — Supplemental plan — Submission. (a) In the event that a material change in circumstances arises that the operator, or the board, believes requires a change in an approved plan, including any amended plan, then the operator shall submit to the board a supplemental plan setting forth the proposed changes and the board shall likewise set forth its proposed changes and state the reasons therefor. Upon determination by the board that a supplemental plan or any amended supplemental plan submitted by the operator meets the requirements of this chapter, it shall deliver to the operator, in writing, a notice of approval of said supplemental plan, and thereafter said supplemental plan shall govern and determine the nature and extent of the obligations of the operator for compliance with respect to the mine panel or cyanidation facility for which the plan was submitted.

(b) If the board determines that a supplemental plan fails to fulfill the requirements of this chapter, it shall deliver to the operator, in writing, a notice of rejection of the supplemental plan and shall set forth in said notice of rejection the manner in which said plan fails to fulfill said requirements and shall stipulate the corrective requirements necessary to comply with said sections. Upon receipt of said notice of rejection, the operator may submit amended supplemental plans. Upon further determination by the board that an amended supplemental plan does not fulfill the requirements of said sections, it shall deliver to the operator, in writing, a notice of rejection of amended supplemental plan and shall set forth in said notice of rejection the manner in which such amended supplemental plan fails to fulfill said requirements and shall stipulate the requirements necessary to comply with said sections.

(c) The board shall, weather permitting, deliver to the operator within sixty (60) days after the receipt of any supplemental reclamation plan or amended supplemental reclamation plan, or within one hundred eighty (180) days after the receipt of any supplemental permanent closure plan or amended supplemental permanent closure plan, the notice of rejection, setting forth in detail the reasons for such rejection and the factual findings upon which such rejection is based or notice of approval of said plan, as the case may be, provided, however, that if the board fails to deliver a notice of approval or notice of rejection within said time period, the plan submitted shall be deemed to comply with this chapter and the operator may commence and conduct or continue, as the case may be, his mining operations or operate the cyanidation facility as if a notice of approval of said plan had been received from the board. If weather conditions prevent the board from inspecting the mine panel or cyanidation facility to obtain information needed to approve or reject a submitted plan, it may, in writing to the operator, extend the time not to exceed thirty (30) days after weather conditions permit such inspection.

(d) If an operator determines that unforeseen events or unexpected conditions require immediate changes in or additions to an approved reclamation or permanent closure plan, the operator may continue operations in accordance with the procedures dictated by the changed conditions, pending submission and approval of a supplemental plan, even though such operations do not comply with the approved plan, provided, however, that nothing herein stated shall be construed to excuse the operator from complying with the reclamation requirements of sections 47-1509 and 47-1510, Idaho Code, or from the applicable closure requirements of a permit issued under section 39-118A, Idaho Code. Notice of such unforeseen events or unexpected conditions shall be given to the board within ten (10) days after discovery thereof, and a proposed supplemental plan shall be submitted within thirty (30) days after discovery thereof.

(e) At least once every five (5) years, the board shall review reclamation plans and revise if necessary to meet the requirements of sections 47-1506, 47-1509, 47-1510, and 47-1511, Idaho Code, when there is a material change in the reclamation plan. As part of this review, the board shall revise the amount, terms, and conditions of any financial assurance when there is a material change in the reclamation plan or a material change in the estimated reasonable costs of reclamation determined pursuant to section 47-1512, Idaho Code. Any such revision shall apply only to the affected lands covered by the material change.

(f) For a permanent closure plan approved by the board after July 1, 2005, the board shall periodically review, and revise if necessary to meet the requirements of this chapter, the amount, terms, and conditions of any financial assurance when there is a material change in the permanent closure plan or a material change in the estimated reasonable costs of permanent closure determined pursuant to section 47-1512, Idaho Code. The board may require a fee sufficient to employ a qualified independent party, acceptable to the operator and the board, to verify any revised estimate of the reasonable costs of permanent closure.

(g) Amendments and revisions are subject to the fee requirements in section 47-1506(g), Idaho Code.

(h) Any determination by the board under this section shall be considered a final order pursuant to section 47-1514, Idaho Code.

History:

[47-1508, added 1971, ch. 206, sec. 8, p. 898; am. 1997, ch. 269, sec. 3, p. 775; am. 2005, ch. 167, sec. 9, p. 518; am. 2019, ch. 226, sec. 8, p. 700.]
Idaho Code § 47-912 — Idaho Code / Title 47 / Chapter 9 / Section 47-912
47-912 COSTS OF APPEAL.
Status: in_force

47-912. Costs of appeal. If the defendant recover judgment against the necessity of the easement, or for fifty dollars ($50.00) more damages than the plaintiff has tendered him as provided in the next section, or for fifty dollars ($50.00) more damages than the commissioners or judgment of the district court awarded him, he shall recover the costs of the appeal, otherwise he must pay all such costs.

History:

[(47-912) 1876, p. 70, sec. 12; R.S., sec. 3141; am. 1899, p. 350, sec. 5; reen. R.C. & C.L., sec. 3234; C.S., sec. 5548; I.C.A., sec. 46-812.]
Idaho Code § 47-329 — Idaho Code / Title 47 / Chapter 3 / Section 47-329
47-329 POWERS OF COMMISSION — WITNESSES — PENALTY.
Status: in_force

47-329. Powers of commission — Witnesses — Penalty. (1) The commission shall have the power to summon witnesses, to administer oaths, and to require the production of records, books, and documents for examination at any hearing or investigation conducted by the commission.

(2) In case of failure or refusal on the part of any person to comply with a subpoena issued by the commission, or in case of refusal of any witness to testify as to any matter regarding which he may be interrogated, any district court in the state, upon the application of the commission, may issue an attachment for such person and compel him to comply with such subpoena, and to attend before the commission and produce such records, books, and documents for examination, and to give his testimony. Such court shall have the power to punish for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify therein.

(3) Any person who violates or fails to comply with any of the provisions of this chapter or any rules or orders made or promulgated hereunder may be assessed a civil penalty by the commission or its duly authorized agent of not more than ten thousand dollars ($10,000) for each violation and shall be liable for reasonable attorney's fees. Each day the violation continues shall constitute a separate and additional violation, punishable by separate and additional civil penalties in like amount or other like civil penalties as determined by the commission; provided that the civil penalties do not begin to accrue until the date notice of violation and opportunity to be heard are given.

(a) Assessment of a civil penalty may be made in conjunction with any other commission administrative action.

(b) No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to chapter 52, title 67, Idaho Code, which civil penalty begins to accrue no earlier than the date notice of violation and opportunity for a hearing are given.

(c) If the commission is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commission, it may recover such amount by action in the appropriate district court.

(d) Any person against whom the commission has assessed a civil penalty under the provisions of this section may, within twenty-eight (28) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the commission to have occurred pursuant to chapter 52, title 67, Idaho Code.

(e) All civil penalties collected pursuant to this section shall be remitted to the oil and gas conservation fund.

(4) Whenever it shall appear that any person is violating or threatening to violate any provision of this act or any rule, regulation, or order made hereunder, the commission may bring a civil action in the name of the state against such person in the district court in the county of the residence of the defendant, or in the county of the residence of any defendant, if there be more than one (1) defendant, or in the county where the violation is alleged to have occurred, to restrain such person from continuing such violation or from carrying out the threat of violation. In such suit, the court may grant injunctions, prohibitory and mandatory, including temporary restraining orders and temporary injunctions. In such suit, the commission may seek damages to recover costs caused by such violation including, but not limited to, costs of well control, spill response and cleanup, restoration of fresh waters, well plugging and abandonment, and reclamation of surface disturbance.

(5) Nothing in this act, and no suit by or against the commission, and no violation charged or asserted against any person under any provisions of this act, or any rule, regulation or order issued hereunder, shall impair or abridge or delay any cause of action for damages which any person may have or assert against any person violating any provision of this act, or any rule, regulation, or order issued thereunder. Any person so damaged by the violation may sue for and recover such damages as he otherwise may be entitled to receive. In the event the commission shall fail to bring suit to enjoin any actual or threatened violation of this act, or of any rule, regulation or order made hereunder, then any person or party in interest adversely affected and who has, ten (10) days or more prior thereto, notified the commission in writing of such violation or threat thereof and has requested the commission to sue, may, to prevent any or further violation, bring suit for that purpose in the district court of any county in which the commission could have brought suit.

(6) Any person who knowingly violates any provision of this chapter, or any of the rules promulgated hereunder for carrying out the provisions of this chapter, or who knowingly fails or refuses to comply with any requirements herein specified, or who knowingly interferes with the commission, its agents, designees or employees in the execution or on account of the execution of its or their duties under this chapter or rules promulgated hereunder, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than five thousand dollars ($5,000) or be imprisoned in a county jail for not more than twelve (12) months, or be subject to both such fine and imprisonment.

(7) Nothing in this chapter shall be construed as requiring the commission to report minor violations for prosecution when it believes that the public interest will be best served by suitable warnings or other administrative action.

History:

[(47-329) 47-325, added 1963, ch. 148, sec. 11, p. 433; am. 2012, ch. 73, sec. 3, p. 213; am. 2012, ch. 80, sec. 1, p. 230; am. and redesig. 2017, ch. 271, sec. 22, p. 701.]
Idaho Code § 47-316 — Idaho Code / Title 47 / Chapter 3 / Section 47-316
47-316 PERMIT TO DRILL OR TREAT A WELL — FEES.
Status: in_force

47-316. Permit to drill or treat a well — fees. (1) It shall be unlawful to commence operations for the drilling or treating of a well for oil and gas without first giving notice to the commission of intention to drill or treat and without first obtaining a permit from the commission under such rules and regulations as may be reasonably prescribed by the commission and by paying to the commission a filing and service fee as provided by this section.

(a) Any request for a permit or authorization as set forth in subsection (3)(a), (b), (c), (d), (e), (f), (g), (m), (n) or (o) of this section shall be made by application to the department of lands, and processed as provided in this section.

(b) The department shall notify the director of the department of water resources regarding applications for permits to drill or treat a well. The director of water resources shall have ten (10) business days from the date of receipt of such notification from the department of lands to recommend conditions he believes necessary to protect freshwater supplies.

(c) Applications submitted under this section, except those listed in subsection (3)(c) and (g) of this section, shall be posted on the department of lands' website for ten (10) business days for a written comment period.

(d) The department of lands shall approve or deny applications in subsection (3)(a), (b), (c), (d), (f), (g), (m), (n) and (o) of this section in a timely and efficient manner. This time frame does not apply to permits submitted with an application processed under section 47-328, Idaho Code.

(e) The department's decision made under this section may be appealed to the commission by the applicant pursuant to the procedure in section 47-328(4) through (6), Idaho Code.

(2) Upon issuance of any permit to drill or treat a well, a copy thereof, including any limitations, conditions, controls, rules or regulations attached thereto for the protection of freshwater supplies as required in section 47-315, Idaho Code, shall be forwarded to the director of the department of water resources.

(3) The department shall collect the following fees, which shall be remitted to the state treasurer for deposit in the oil and gas conservation fund and shall be used exclusively to pay the costs and expenses incurred in connection with the administration and enforcement of this chapter:

(a) Application for a permit to drill a well

(b) Application to deepen a well

(c) Application to plug and abandon a well, if not completed within one (1) year from issuance of permit to drill a well

(d) Application to treat a well, if separate from an application for a permit to drill a well

(e) Application to construct a pit, if separate from an application for a permit to drill a well

(f) Application to directionally drill a well, if separate from an application for a permit to drill a well

(g) Application for a recompletion, modified blowout prevention standards, using a vacuum for oil or gas recovery, removing casing, or multiple zone completion, if separate from an application for a permit to drill or plug and abandon a well

(h) Application for an exceptional well location, if separate from an application for a permit to drill a well

(i) Application to amend the size, shape or location of a spacing unit

(j) Application to establish or amend a fieldwide spacing order

(k) Application for an integration order

(l) Application for a unitization order

(m) Application for a seismic operations permit covering less than twelve (12) miles of a 2-D survey

(n) Application for a seismic operations permit covering between twelve (12) miles and twenty-four (24) miles of a 2-D survey, or up to seventy-two (72) square miles of a 3-D survey

(o) Application for a seismic operations permit covering more than twenty-four (24) miles of a 2-D survey, or more than seventy-two (72) square miles of a 3-D survey

History:

[(47-316) 47-320, added 1963, ch. 148, sec. 6, p. 433; am. 1973, ch. 255, sec. 1, p. 506; am. 1974, ch. 17, sec. 31, p. 308; am. 2012, ch. 71, sec. 1, p. 207; am. 2015, ch. 65, sec. 1, p. 174; am. 2016, ch. 48, sec. 3, p. 132; am. 2017, ch. 121, sec. 1, p. 280; am. and redesig. 2017, ch. 271, sec. 9, p. 685; am. 2018, ch. 169, sec. 12, p. 360; am. 2023, ch. 283, sec. 4, p. 851.]
Idaho Code § 47-1505 — Idaho Code / Title 47 / Chapter 15 / Section 47-1505
47-1505 DUTIES AND POWERS OF BOARD.
Status: in_force

47-1505. Duties and powers of board. In addition to the other duties and powers of the board prescribed by law, the board is granted and shall be entitled to exercise the following authority and powers and perform the following duties:

(1) To administer and enforce the provisions of this chapter and the rules and orders promulgated thereunder as provided in this chapter.

(2) To conduct and promote the coordination and acceleration of research, studies, surveys, experiments, demonstrations and training in carrying out the provisions of this chapter. In carrying out the activities authorized by this section, the board may enter into contracts with and make grants to institutions, agencies, organizations and individuals and shall collect and make available any information obtained therefrom.

(3) To adopt and promulgate reasonable rules respecting the administration of this chapter and such rules as may be necessary to carry out the intent and purposes of this chapter, provided that no rules shall be adopted that require reclamation activities in addition to those set forth in this chapter. All such rules shall be adopted in accordance with and subject to the provisions of chapter 52, title 67, Idaho Code.

(4) To enter upon affected lands at all reasonable times, for the purpose of inspection, to determine whether the provisions of this chapter have been complied with. Such inspections shall be conducted in the presence of the operator or his duly authorized employees or representatives, and the operator shall make such persons available for the purpose of inspections.

(5) To reclaim affected land with respect to which financial assurance has been forfeited and, in the board's discretion, with the permission of the landowner, to reclaim such other land that becomes affected land.

(6) To complete closure activities with respect to a cyanidation facility for which a permanent closure financial assurance has been forfeited.

(7) (a) Upon receipt of a reclamation plan or permanent closure plan or amended or supplemental plan required by this chapter, the director shall notify the cities and counties in which the mining operation or cyanidation facility is proposed. The notice shall include the name and address of the operator and shall describe the procedure and the schedule by which the plan may be approved or denied. This notification requirement shall not apply to exploration operations.

(b) Cities and counties may review the nonconfidential portions of the plan at the department's office and may provide comments to the director concerning the plan. Nothing in this section shall extend the time limit for the board to deliver to the operator a notice of rejection or approval of the plan or affect the confidentiality provisions of section 47-1515, Idaho Code.

(c) No city or county shall enact or adopt any ordinance, rule or resolution to regulate exploration or mining operations or a permanent closure plan in this state that conflicts with any provision of this chapter or the rules promulgated thereunder. This subpart shall not affect the planning and zoning authorities available to cities and counties pursuant to chapter 65, title 67, Idaho Code.

History:

[47-1505, added 1971, ch. 206, sec. 5, p. 898; am. 1988, ch. 223, sec. 1, p. 425; am. 1993, ch. 216, sec. 46, p. 629; am. 1995, ch. 364, sec. 1, p. 1275; am. 2005, ch. 167, sec. 6, p. 514; am. 2019, ch. 226, sec. 5, p. 696.]
Idaho Code § 47-810 — Idaho Code / Title 47 / Chapter 8 / Section 47-810
47-810 GRANTS EXECUTED IN ACCORDANCE WITH CONSTITUTION.
Status: in_force

47-810. Grants executed in accordance with constitution. All grants and permissions under this act shall be executed as required by the Constitution of the State of Idaho, Article IV, Section 16.

History:

[47-810, added 1937, ch. 130, sec. 10, p. 200.]
Idaho Code § 47-1313 — Idaho Code / Title 47 / Chapter 13 / Section 47-1313
47-1313 DEFINITIONS.
Status: in_force

47-1313. Definitions. As used in this chapter:

(a) "Board" means the state board of land commissioners or such representative as may be designated by the board.

(b) "Director" means the director of the department of lands or such representative as may be designated by the director.

(c) "Disturbed land" means land, natural watercourses, or existing stockpiles and waste piles affected by placer or dredge mining, remining, exploration, stockpiling of ore or wastes from placer or dredge mining, or construction of roads, tailings ponds, structures, or facilities appurtenant to placer or dredge mining operations.

(d) "Mineral" means any ore, rock, or substance extracted from a placer deposit or from an existing placer stockpile or waste pile, but does not include coal, clay, stone, sand, gravel, phosphate, uranium, oil, or gas.

(e) "Motorized earth-moving equipment" means backhoes, bulldozers, front loaders, trenchers, core drills, suction dredges with an intake diameter exceeding eight (8) inches, and other similar equipment.

(f) "Natural watercourse" means any stream in the state of Idaho having definite bed and banks, and which confines and conducts continuously flowing water.

(g) "Permit area" means that area designated under section 47-1317, Idaho Code, as the site of a proposed placer or dredge mining operation, including all lands to be disturbed by the operation.

(h) "Person" means any person, corporation, partnership, association, or public or governmental agency engaged in placer or dredge mining, whether individually, jointly, or through subsidiaries, agents, employees, or contractors.

(i) "Placer deposit" means naturally occurring unconsolidated surficial detritus containing valuable minerals, whether located inside or outside the confines of a natural watercourse.

(j) "Placer or dredge exploration operation" means activities including, but not limited to, the construction of roads, trenches, and test holes, performed on a placer deposit for the purpose of locating and determining the economic feasibility of extracting minerals by placer or dredge mining.

(k) "Placer or dredge mining" or "dredge or other placer mining" means the extraction of minerals from a placer deposit, including remining for sale, processing, or other disposition of earth material excavated from previous placer or dredge mining. The term "dredge or other placer mining," wherever used in this chapter, is subject to this definition and all provisions regarding it.

(l) "Placer or dredge mining operation" means placer or dredge mining which disturbs in excess of one-half (1/2) acre of land.

(m) "Road" means a way, including bed, slopes, and shoulders, (1) constructed within the circular tract circumscribed by a placer or dredge mining operation, or (2) constructed solely for access to a placer or dredge mining operation or placer or dredge exploration operation, provided, that a way dedicated to public multiple use or being used by a governmental land manager or private landowner at the time of cessation of operations, and not constructed solely for access to a placer or dredge mining operation or placer or dredge exploration operation, shall not be considered a road for purposes of this act.

History:

[47-1313, added 1984, ch. 102, sec. 2, p. 232.]
Idaho Code § 47-1517 — Idaho Code / Title 47 / Chapter 15 / Section 47-1517
47-1517 CONDUCT OF ACTIVITIES.
Status: in_force

47-1517. Conduct of activities. (a) An operator shall conduct all exploration and mining operations in accordance with all applicable statutes and regulations pertaining to water use and mining safety applicable to exploration and mining operations.

(b) An operator desiring to operate a cyanidation facility within the state of Idaho shall conduct all related activities in accordance with all applicable statutes and rules related to cyanidation including, but not limited to, section 39-118A, Idaho Code.

History:

[47-1517, added 1971, ch. 206, sec. 17, p. 898; am. 2005, ch. 167, sec. 13, p. 526; am. 2019, ch. 226, sec. 15, p. 710.]
Idaho Code § 47-1707 — Idaho Code / Title 47 / Chapter 17 / Section 47-1707
47-1707 RESPONSIBILITIES OF THE DEPARTMENT OF LANDS.
Status: in_force

47-1707. responsibilities of the department of lands. In addition to the duties and responsibilities assigned by the board, the department shall:

(1) Maintain a list of the eligible mines, based on the priority criteria pursuant to section 47-1708, Idaho Code. The list shall be updated annually and made publicly available;

(2) Annually publish a report that, by mine site, describes how funds from the abandoned mine reclamation fund were used, the specific actions taken, and the progress made to reclaim abandoned mines; and

(3) Consult with the advisory committee created pursuant to section 47-1706, Idaho Code, in setting priorities and planning reclamation work.

History:

[47-1707, added 2025, ch. 79, sec. 5, p. 360.]
Idaho Code § 47-320 — Idaho Code / Title 47 / Chapter 3 / Section 47-320
47-320 INTEGRATION OF TRACTS — ORDERS OF DEPARTMENT.
Status: in_force

47-320. Integration of tracts — Orders of department. (1) When two (2) or more separately owned tracts are embraced within a spacing unit, or when there are separately owned interests in all or a part of a spacing unit, the interested persons may integrate their tracts or interests for the development and operation of the spacing unit. In the absence of voluntary integration, the department, upon the application of any owner in that proposed spacing unit, shall order integration of all tracts or interests in the spacing unit for drilling of a well or wells, for development and operation thereof and for the sharing of production therefrom. The department, as a part of the order establishing a spacing unit, may prescribe the terms and conditions upon which the royalty interests in the unit shall, in the absence of voluntary agreement, be deemed to be integrated without the necessity of a subsequent separate order integrating the royalty interests. Each such integration order shall be upon the just and reasonable terms and conditions set forth in this section.

(2) All operations, including, but not limited to, the commencement, drilling, or operation of a well upon any portion of a spacing unit for which an integration order has been entered, shall be deemed for all purposes the conduct of such operations upon each separately owned tract in the spacing unit by the several owners thereof. That portion of the production allocated to a separately owned tract included in a spacing unit shall, when produced, be deemed, for all purposes, to have been actually produced from such separately owned tract by a well drilled thereon.

(3) Each such integration order shall authorize the drilling, equipping and operation, or operation, of a well or wells on the spacing unit; shall designate an operator for the integrated unit; shall prescribe the time and manner in which all the owners in the spacing unit may elect to participate therein; and shall make provision for the payment by all those who elect to participate therein of the reasonable actual cost thereof, plus a reasonable charge for supervision and interest. Each such integration order shall provide for the three (3) following options:

(a) Working interest owner. An owner who elects to participate as a working interest owner shall pay the proportionate share of the actual costs of drilling and operating a well allocated to the owner's interest in the spacing unit. Working interest owners who share in the costs of drilling and operating the well are entitled to their respective shares of the production of the well. The operator of the integrated spacing unit and working interest owners shall enter into an approved joint operating agreement. The department shall deem the joint operating agreement as just and reasonable if the agreement is based on a standard industry form, such as those supplied by the American association of professional landmen, and if the operator demonstrates to the department that any amendments to the standard form are not prejudicial to working interest owners.

(b) Nonconsenting working interest owner. An owner who refuses to share in the risk and actual costs of drilling and operating the well, but desires to participate as a working interest owner, is a nonconsenting working interest owner. The operator of the integrated spacing unit shall be entitled to recover a risk penalty of up to three hundred percent (300%) of the nonconsenting working interest owner's share of the cost of drilling and operating the well under the terms set forth in the integration order. After all the costs have been recovered by the consenting owners in the spacing unit, the nonconsenting owner is entitled to his respective shares of the production of the well and shall be liable for his pro rata share of costs as if the nonconsenting owner had originally agreed to pay the costs of drilling and operating the well. The operator of the integrated spacing unit and nonconsenting working interest owners shall enter into a joint operating agreement. The department shall deem the joint operating agreement as just and reasonable if the agreement is based on a standard industry form, such as those supplied by the American association of professional landmen, and if the operator demonstrates to the department that any amendments to the standard form are not prejudicial to nonconsenting working interest owners.

(c) Base entitlement. If an owner fails to make an election within the election period set forth in the integration order, the operator shall compensate such owner for the owner's share of production with the following just and reasonable terms, provided that nothing in this paragraph shall be deemed to prevent the operator and owners from voluntarily agreeing to different lease terms before or after the entry of an integration order:

(i) Such owner shall receive a minimum one-eighth (1/8) royalty of any gas, oil, or natural gas liquids produced, proportionate to the owner's interest in the integrated unit.

(ii) Royalty payments shall comply with the terms of section 47-331, Idaho Code.

(iii) The operator of an integrated spacing unit shall pay such owner the highest bonus payment per acre that the operator paid to another owner in the spacing unit prior to the filing of the integration application.

(iv) The operator shall avoid, to the maximum extent possible, any use of surface lands belonging to owners integrated under this subsection. Where such use cannot be reasonably avoided, use of surface lands, and compensation for such use, shall be governed by section 47-334, Idaho Code.

(v) The operator shall comply with the requirements of sections 47-319, 47-332, 47-333, and 47-334, Idaho Code.

(vi) An integration order including the terms specified in this subsection fulfills the department's obligation to integrate mineral interests upon just and reasonable terms.

(4) An application for an order integrating the tracts or interests in a spacing unit shall substantially contain and be limited to only the following:

(a) The applicant's name and address;

(b) A description of the spacing unit to be integrated;

(c) A geologic statement concerning the likely presence of hydrocarbons;

(d) A statement that the proposed drill site is leased;

(e) A statement of the proposed operations for the spacing unit, including the name and address of the proposed operator;

(f) A proposed joint operating agreement;

(g) A list of all uncommitted owners in the spacing unit to be integrated under the application, including names and addresses;

(h) An affidavit indicating that at least sixty-seven percent (67%) of the mineral interest acres in the spacing unit support the integration application by leasing or participating as a working interest owner;

(i) An affidavit stating the highest bonus payment paid to a leased owner in the spacing unit being integrated prior to filing the integration application; and

(j) A resume of efforts documenting the applicant's good faith efforts on at least two (2) separate occasions within a period of time no less than sixty (60) days to inform uncommitted owners of the applicant's intention to develop the mineral resources in the proposed spacing unit and desire to reach an agreement with uncommitted owners in the proposed spacing unit. Provided however, if any owner requests no further contact from the applicant, the applicant will be relieved of further obligation to attempt contact to reach agreement with that owner. At least one (1) contact must be by certified U.S. mail sent to an owner's last known address. If an owner is unknown or cannot be found, the applicant must publish a legal notice of its intention to develop and request that the owner contact the applicant in a newspaper of general circulation in the county where the proposed spacing unit is located. The resume of efforts should indicate the applicant has made reasonable efforts to reach an agreement with all uncommitted owners in the proposed spacing unit. Reasonable efforts are met by complying with this subsection.

(5) At the time the integration application is filed with the department, the applicant shall certify that, for uncommitted owners who are unknown or cannot be found, a notice of the application was published in a newspaper in the county where the proposed spacing unit is located. Each published notice shall include notice to the affected uncommitted owner of the opportunity to respond to the application and the deadline by which a response must be filed with the department.

(6) An operator who has not been able to obtain consent from sixty-seven percent (67%) of the mineral interest acres in the spacing unit may nevertheless apply for an integration order under this section if all of the conditions set forth in this subsection have been met. The department shall issue an integration order, which shall affect only the unit area described in the application, if it finds that the operator has met all of the following conditions:

(a) The operator has obtained consent from at least fifty-five percent (55%) of mineral interest acres;

(b) The operator has negotiated diligently and in good faith for a period of at least one hundred twenty (120) days prior to his application for an integration order; and

(c) The uncommitted owners in the affected unit shall receive from the operator mineral lease terms and conditions that are no less favorable to the lessee than those set forth in section 47-331(2), Idaho Code.

(7) An application for integration shall be subject to the procedures set forth in section 47-328, Idaho Code.

(8) An integration order shall be in effect for a term of five (5) years and as long thereafter as oil and gas operations are being conducted by the operator, unless extended by the department upon application of the operator. Any application to amend or extend an integration order shall comply with the notice requirements of section 47-328(3)(b), Idaho Code. For purposes of such notice, all parties receiving the base entitlement set forth in subsection (3)(c) of this section shall be considered uncommitted owners.

(9) The entry of an integration order does not inhibit the right of mineral interest owners to pursue claims against the operator for damages to person, property, or water rights.

History:

[(47-320) 47-322, added 1963, ch. 148, sec. 8, p. 433; am. 2016, ch. 48, sec. 5, p. 135; am. 2017, ch. 121, sec. 2, p. 281; am. and redesig. 2017, ch. 271, sec. 13, p. 690; am. 2023, ch. 283, sec. 7, p. 855.]
Idaho Code § 47-1519 — Idaho Code / Title 47 / Chapter 15 / Section 47-1519
47-1519 APPLICATION OF CHAPTER TO MINERAL EXTRACTION FOR PUBLIC HIGHWAY PURPOSES.
Status: in_force

47-1519. Application of chapter to mineral extraction for public highway purposes. Notwithstanding any other provision of law to the contrary, the bonding provisions of this chapter shall not apply to any surface mining operations conducted by a public or governmental agency for maintenance, repair, or construction of a public highway. Surface mining operations conducted by a public or governmental agency for maintenance, repair, or construction of a public highway which disturb two (2) or more acres shall comply with the provisions of section 47-1506, Idaho Code, as though all minerals were mined for the purpose of immediate or ultimate sale. Surface mining operations conducted by a public or governmental agency for maintenance, repair or construction of a public highway which disturb less than two (2) acres are exempt from the provisions of section 47-1506, Idaho Code. The 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 shall not be deemed surface mining operations under this chapter, provided that the affected land is an integral part of the public highway.

History:

[47-1519, added 1991, ch. 299, sec. 1, p. 786.]
Idaho Code § 47-333 — Idaho Code / Title 47 / Chapter 3 / Section 47-333
47-333 ACTION FOR ACCOUNTING FOR ROYALTY.
Status: in_force

47-333. Action for accounting for royalty. (1) Whenever an owner of a royalty interest makes a written demand for an accounting of the oil and gas produced, but no more frequently than once every twenty-four (24) months, and makes written demand for delivery or payment of his royalty as may then be due upon the person or persons obligated for the delivery or payment of the royalty, and the obligated persons then fail to make the accounting demanded and the payment or delivery of the royalty due within a period of ninety (90) days following the date upon which the demand is made, then the royalty owner may file an action in the district court of the county wherein the lands are located to compel the accounting demanded and to recover the payment or delivery of the royalty due against the person or persons obligated.

(2) In such an action, the prevailing party or parties shall be entitled to reasonable attorney's fees to be allowed by the court, together with the costs allowed to a prevailing party, pursuant to section 12-120, Idaho Code.

(3) The remedies under this section are not exclusive and do not abrogate any right or remedy under other laws of this state.

History:

[47-333, added 2017, ch. 271, sec. 26, p. 706.]
Idaho Code § 47-330 — Idaho Code / Title 47 / Chapter 3 / Section 47-330
47-330 OIL AND GAS CONSERVATION FUND CREATED — TAX.
Status: in_force

47-330. Oil and gas conservation fund created — Tax. (1) For the purposes of paying the expenses of administration of this act and for the privilege of extracting oil and gas in this state, there is hereby levied and imposed on all oil and gas produced, saved and sold or transported from the premises in Idaho where produced a tax of two and one-half percent (2.5%) of the gross income received by the producer of the oil and gas produced. "Gross income" shall mean the amount realized by the producer for sale of the oil and gas, whether the sale occurs at the wellhead or after transportation of the product, without deduction for marketing, transportation, manufacturing, and processing costs borne by the producer. Where the parties to the sale are related parties and the sales price is lower than the price for which that oil and gas could otherwise have been sold to a ready, willing, and able buyer and where the taxpayer was legally able to sell the oil and gas to such a buyer, gross income shall be determined by reference to comparable arms-length sales of like kind, quality, and quantity in the same field or area. For purposes of this subsection, "related parties" shall be as defined in section 267 of the Internal Revenue Code, as defined, in section 63-3004, Idaho Code. This tax is in addition to all other taxes provided by law. It shall be the duty of the state tax commission to enforce collection of this tax and to make such rules as may be necessary, pursuant to the provisions of chapter 52, title 67, Idaho Code. All money so collected shall be remitted to the state treasurer for deposit in the oil and gas conservation fund, which fund is hereby created in the office of the state treasurer of the state of Idaho.

(2) The persons owning an interest, working interest, royalty interest, payments out of production, or any other interest in the oil and gas, or in the proceeds thereof, shall be liable for such tax in proportion to their ownership at the time of production. The tax so assessed and fixed shall be payable monthly, and the sum so due shall be remitted to the state tax commission, on or before the twentieth of the month following the month in which the tax accrued, by the producer on behalf of himself and all other interested persons. The person remitting the tax, as herein provided, is hereby empowered and required to deduct from any amounts due the persons owning an interest in the oil and gas, or in the proceeds thereof, at the time of production a proportionate amount of such tax before making payment to such persons.

(3) The tax imposed by this section shall apply to all lands in the state of Idaho, anything in this act to the contrary notwithstanding; provided however, there shall be exempted from the tax hereinabove levied and assessed the following, to wit:

(a) The interest of the United States of America and the interest of the state of Idaho and the political subdivisions thereof in any oil and gas or in the proceeds thereof.

(b) The interest of any Indian or Indian tribe in any oil and gas or the proceeds thereof, produced from lands subject to the supervision of the United States.

(c) Oil and gas used in producing operations or for repressuring or recycling purposes.

(4) To the extent that such sections are not in conflict with the provisions of this act, the deficiency in tax and notice of deficiency as well as the collection and enforcement procedures provided by the Idaho income tax act, sections 63-3038, 63-3039, 63-3040, 63-3042 through 63-3065A, 63-3068, 63-3071 and 63-3075 through 63-3078, Idaho Code, shall apply and be available to the state tax commission for enforcement of the provisions of this act and the assessment and collection of any amounts due. Said sections shall for this purpose be considered a part of this act and wherever liens or any other proceedings are defined as income tax liens or proceedings they shall, when applied in enforcement or collection pursuant to this act, be described as an oil and gas tax lien or proceeding.

The state tax commission may be made a party defendant in an action at law or in equity by any person aggrieved by the unlawful seizure or sale of his property, or in any suit for refund or to recover an overpayment, but only the state of Idaho shall be responsible for any final judgment secured against the state tax commission, and said judgment or any other amount erroneously or illegally collected shall be paid or satisfied out of the state refund account created by section 63-3067, Idaho Code.

(5) All moneys collected under this chapter shall be distributed by the state tax commission as follows:

(a) An amount of money shall be distributed to the state refund account sufficient to pay current refund claims. All refunds authorized under this chapter by the state tax commission shall be paid through the state refund account, and those moneys are continuously appropriated.

(b) For the balance of the proceeds, forty percent (40%) shall be distributed by the end of the month following each monthly due date by the state tax commission into any oil and gas revenue share account as follows:

(i) Forty-four percent (44%) is hereby appropriated and shall be paid to the current expense fund of the county from which the oil and gas was produced, to be used to mitigate the impacts associated with oil and gas production, development and transportation in that county;

(ii) Twenty-eight percent (28%) is hereby appropriated and shall be paid to the cities within the county from which the oil and gas was produced. Such funds shall be distributed to each city based upon the proportion that the city's population bears to the total population of all of the cities within the county; and

(iii) Twenty-eight percent (28%) is hereby appropriated and shall be paid to the public school income fund.

(c) The remainder of the moneys deposited into the oil and gas conservation fund, sixty percent (60%) of the proceeds after refunds, may be expended pursuant to legislative appropriation and shall be used for defraying the expenses of the oil and gas conservation commission in carrying out the provisions of this act. At the beginning of each fiscal year, those moneys in the oil and gas conservation fund, after applicable refunds and distribution as noted in paragraphs (a) and (b) of this subsection, that exceed two hundred percent (200%) of the current year's appropriations for the oil and gas conservation commission shall be transferred to the general fund. The oil and gas conservation commission shall audit all bills for salaries and expenses incurred in the enforcement of this act that may be payable from the oil and gas conservation fund that shall be audited, allowed and paid as to the claims against the state.

History:

[47-330, added 1963, ch. 148, sec. 17, p. 433; am. 2012, ch. 79, sec. 1, p. 228; am. 2013, ch. 187, sec. 7, p. 453; am. 2015, ch. 274, sec. 1, p. 1129; am. 2017, ch. 271, sec. 23, p. 702; am. 2018, ch. 169, sec. 14, p. 363.]
Idaho Code § 47-607 — Idaho Code / Title 47 / Chapter 6 / Section 47-607
47-607 LOCATION OF ABANDONED CLAIM.
Status: in_force

47-607. Location of abandoned claim. The location of abandoned claims shall be done in the same manner as if the location were of a new claim including the erection of new posts or monuments.

History:

[(47-607) 1895, p. 25, sec. 7; reen. 1899, p. 237, sec. 7; reen. R.C., sec. 3212; C.L., sec. 3212; C.S., sec. 5526; I.C.A., sec. 46-607; am. 1970, ch. 92, sec. 9, p. 227.]
Idaho Code § 47-709 — Idaho Code / Title 47 / Chapter 7 / Section 47-709
47-709 MINES OPERATED UNDER LEASE — INSPECTION BY BOARD.
Status: in_force

47-709. Mines operated under lease — Inspection by board. The state board of land commissioners shall cause inspection to be made by a competent person or persons of all mines or works operated under leases for the production of minerals as often as the board shall deem necessary in the interest of the state, and the board shall have the right at all times to inspect said mines or works.

History:

[(47-709) 1923, ch. 96, sec. 11, p. 115; I.C.A., sec. 46-711.]
Idaho Code § 47-903 — Idaho Code / Title 47 / Chapter 9 / Section 47-903
47-903 ACTION TO CONDEMN RIGHT OF WAY.
Status: in_force

47-903. Action to condemn right of way. When the owner, claimant or occupant of any mine or mining claim desires to work the same, and it is necessary, to enable him to do so successfully and conveniently, that he have a right of way for any of the purposes mentioned in the foregoing sections, if such right of way cannot be acquired by agreement with the claimant or owner of the lands or claims over, under, through, across or upon which he seeks to acquire such right of way, he may commence an action in the district court in and for the county in which such right of way, or some part thereof, is situated, by filing a verified complaint containing a particular description of the character and extent of the right sought, a description of the mine or claim of the plaintiff, and of the mine or claim and lands to be affected by such right of way or privilege, with the name of the occupant or owner thereof. He may also set forth any tender of compensation that he may have made, and demand the relief sought.

History:

[(47-903) 1876, p. 70, sec. 3; R.S., sec. 3132; am. 1899, p. 350, sec. 1; reen. R.C. & C.L., sec. 3225; C.S., sec. 5539; I.C.A., sec. 46-803.]
Idaho Code § 47-613 — Idaho Code / Title 47 / Chapter 6 / Section 47-613
47-613 CERTAIN SURVEYS MAY QUALIFY AS ANNUAL LABOR.
Status: in_force

47-613. Certain surveys may qualify as annual labor. Annual assessment work or labor upon a mining claim as required by the United States mining laws shall be defined to include, without being limited to, geological, geochemical and geophysical surveys conducted by qualified experts and verified by a detailed report filed for record in the office of the county recorder of the county in which the claim is located which sets forth fully (1) the location of the work performed in relation to the boundaries of the claim, (2) the nature, extent, and costs thereof, (3) the basic findings therefrom, and (4) the name, address, and professional background of the person or persons conducting the work. Surveys of this kind, however, may not be applied as labor for more than two (2) consecutive years or for more than a total of five (5) years on any one (1) mining claim, and each of these surveys shall be nonrepetitive of any previous survey on the same claim.

History:

[47-613, added 1970, ch. 92, sec. 18, p. 227.]
Idaho Code § 47-1514 — Idaho Code / Title 47 / Chapter 15 / Section 47-1514
47-1514 APPEAL FROM FINAL ORDER — PROCEDURE.
Status: in_force

47-1514. Appeal from final order — Procedure. (a) Any operator dissatisfied with any final order of the board made pursuant to this chapter may, within sixty (60) days after notice of such order, obtain judicial review thereof by appealing to the district court of the state of Idaho for the county wherein the operator resides or has a place of business, or to the district court for the county in which the cyanidation facility or the land or any portions thereof affected by the order is located. Such appeal shall be perfected by filing with the clerk of such court, in duplicate, a notice of appeal, together with a complaint against the board, in duplicate, which shall recite the prior proceedings before the board or hearing officer, and shall state the grounds upon which the petitioner claims he is entitled to relief. A copy of the summons and complaint shall be delivered to the board or such person or persons as the board may designate to receive service of process. The clerk of the court shall immediately forward a copy of the notice of appeal and complaint to the board, which shall forthwith prepare, certify and file in said court, a true copy of any decision, findings of fact, conclusions or order, together with any pleadings upon which the case was heard and submitted to the board or hearing officer, and shall, upon order of the court, provide transcripts of any record, including all exhibits and testimony of any proceedings in said matter before the board or any of its subordinates. Such suit in the district court shall be a trial de novo and shall proceed in all respects like other civil suits, including, but not limited to, the rights of appeal to the supreme court of the state of Idaho.

(b) When the board finds that justice so requires, it may postpone the effective date of a final order made, pending judicial review. The reviewing court, including the court to which a case may be taken on appeal, may issue all necessary and appropriate orders to postpone the effective date of any final order pending conclusion of the review proceedings.

(c) Notwithstanding any other provision of this chapter concerning administrative or judicial proceedings, whenever the board determines that an operator has not complied with the provisions of this chapter, the board may file a civil action in the district court for the county wherein the violation, or some part thereof, occurs, or in the district court for the county wherein the defendant resides. The board may request the court to issue an appropriate order to remedy the violation. The right of appeal to the supreme court of the state of Idaho shall be available.

History:

[47-1514, added 1971, ch. 206, sec. 14, p. 898; am. 1973, ch. 180, sec. 6, p. 415; am. 2005, ch. 167, sec. 12, p. 525.]
Idaho Code § 47-313 — Idaho Code / Title 47 / Chapter 3 / Section 47-313
47-313 LANDS SUBJECT TO THIS ACT.
Status: in_force

47-313. Lands subject to this act. This act shall apply to all lands located in the state, however owned, including any lands owned or administered by any government or any agency or political subdivision thereof, including lands of the United States, or lands subject to the jurisdiction of the United States over which the state of Idaho has police power, except to the degree that it is inharmonious with the uses, activities or regulations of the United States, and furthermore, the same shall apply to any lands committed to a unit agreement approved by the secretary of the interior or his duly authorized representative, except that the commission may, with respect to such unit agreement, suspend the application of this act or any part of this act so long as the conservation of oil and gas and the prevention of waste as in this act provided is accomplished under such unit agreements, but such suspension shall not relieve any operator from making such reports as may be required by the commission with respect to operations under any such unit agreement.

History:

[(47-313) 47-327, added 1963, ch. 148, sec. 13, p. 433; am. and redesig. 2017, ch. 271, sec. 5, p. 681.]
Idaho Code § 47-1208 — Idaho Code / Title 47 / Chapter 12 / Section 47-1208
47-1208 TAX DEFICIENCY COLLECTION AND ENFORCEMENT PROCEDURES.
Status: in_force

47-1208. Tax deficiency collection and enforcement procedures. The deficiency in tax and notice of deficiency as well as the collection and enforcement procedures provided by the Idaho income tax act, sections 63-3030A, 63-3033, 63-3038, 63-3039, 63-3040, 63-3042 through 63-3065A, 63-3068, 63-3069, 63-3071, 63-3072, 63-3073 and 63-3075 through 63-3078, Idaho Code, shall apply and be available to the state tax commission for enforcement of the provisions of this act and the assessment and collection of any amounts due. Said sections shall for this purpose be considered a part of this act and wherever liens or any other proceedings are defined as income tax liens or proceedings they shall, when applied in enforcement or collection under this act, be described as a license tax for the privilege of mining lien or proceeding.

The state tax commission may be made a party defendant in an action at law or in equity by any person aggrieved by the unlawful seizure or sale of his property, or in any suit for refund or to recover an overpayment, but only the state of Idaho shall be responsible for any final judgment secured against the state tax commission, and said judgment shall be paid or satisfied out of the state refund account created by section 63-3067, Idaho Code.

History:

[47-1208, added 1969, ch. 311, sec. 2, p. 966; am. 1977, ch. 93, sec. 6, p. 192; am. 1979, ch. 48, sec. 2, p. 138; am. 1982, ch. 179, sec. 2, p. 467; am. 1986, ch. 73, sec. 6, p. 207; am. 1986, ch. 92, sec. 1, p. 269.]
Idaho Code § 47-1512 — Idaho Code / Title 47 / Chapter 15 / Section 47-1512
47-1512 FINANCIAL ASSURANCE — REQUISITES.
Status: in_force

47-1512. financial assurance — Requisites. (a) Prior to conducting any mining operations on a mine panel covered by an approved reclamation plan or operating a cyanidation facility covered by an approved permanent closure plan, an operator shall submit to the board financial assurance meeting the requirements of this section.

(1) The initial reclamation financial assurance filed prior to conducting any mining operations on a mine panel shall be in an amount determined by the board to be the estimated reasonable costs of reclamation required in this chapter, in the event of failure to reclaim by an operator, of affected lands proposed to be mined during the next calendar year designated by the operator pursuant to section 47-1506(a)(1)(vi), Idaho Code, and subsection (b) of this section.

(2) The initial permanent closure financial assurance filed prior to operating a cyanidation facility shall be in an amount determined by the board to be the estimated reasonable costs to complete the activities specified in the permanent closure plan required in this chapter, in the event of the failure of an operator to complete those activities. In setting such amount, the board shall avoid duplication with financial assurance deposited with other governmental agencies.

(3) The determination of the financial assurance amount shall constitute a final order subject to judicial review as set forth in subsection (a) of section 47-1514, Idaho Code. In lieu of any financial assurance required hereunder, the operator may deposit cash and governmental securities with the board, in an amount equal to that of the required financial assurance, on the conditions as prescribed in this section.

(b) Prior to the time that lands designated to become affected lands on a mine panel, in addition to those designated pursuant to section 47-1506(a)(1)(vi), Idaho Code, become affected land, the operator shall submit to the board financial assurance meeting the requirements of section 47-1512(c), Idaho Code, which shall be in the amount necessary to ensure the performance of the duties of the operator under this chapter as to such affected lands actually proposed to be mined within the next calendar year. If additional acreage is subsequently proposed to be mined by an operator, financial assurance shall be in an amount determined by the board to be the estimated reasonable costs of reclamation required by this chapter, in the event of failure to reclaim by an operator, of affected lands proposed to be mined during the next calendar year.

(c) For mining operations with affected land greater than five (5) acres, the financial assurance amount shall be based on the estimated reasonable costs of completing reclamation required in this chapter using standard estimating techniques, including indirect costs, developed by the board. For all other mining operations, the financial assurance for reclamation submitted pursuant to this chapter shall not exceed fifteen thousand dollars ($15,000) for any given acre of such affected land. The board may require financial assurance in excess of fifteen thousand dollars ($15,000) for any given acre of affected land only when the following conditions have been met:

(1) The board has determined that such financial assurance is necessary to meet the requirements of sections 47-1506, 47-1509, 47-1510 and 47-1511, Idaho Code.

(2) The board has delivered to the operator, in writing, a notice setting forth the reasons it believes such financial assurance is necessary.

(3) 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. The hearing shall be held under such rules as promulgated by the board. This requirement for a hearing may be waived, in writing, by the operator. Any hearing held shall, at the discretion of the director, extend the time, up to thirty (30) days, in which the board must act on a plan submitted.

(d) For a cyanidation facility with affected land greater than five (5) acres, the financial assurance amount shall be based on the estimated reasonable costs to complete reclamation required under this chapter using standard estimating techniques, including indirect costs, developed by the board. For all other cyanidation facilities, the financial assurance submitted for permanent closure of a cyanidation facility pursuant to this chapter shall not exceed five million dollars ($5,000,000). The board may require financial assurance in excess of five million dollars ($5,000,000) for a cyanidation facility only when the following conditions have been met:

(1) The board has determined that such financial assurance is necessary to meet the requirements of this chapter.

(2) The board has delivered to the operator, in writing, a notice setting forth the reasons it believes such financial assurance is necessary.

(3) 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. The hearing shall be held under such rules as promulgated by the board. This requirement for a hearing may be waived, in writing, by the operator. Any hearing held shall, at the discretion of the director, extend the time, up to sixty (60) days, in which the board must act on the permanent closure plan submitted.

(e) Any financial assurance required under this chapter to be filed and maintained with the board shall be in such form as the board prescribes, payable to the state of Idaho, conditioned that the operator shall faithfully perform all requirements of this chapter and comply with all rules of the board in effect as of the date of approval of the plan in accordance with the provisions of this chapter. Further, any financial assurance provided to another governmental agency that also meets the requirements in this section shall be deemed to be sufficient for the purposes of this chapter.

(f) Financial assurance filed as prescribed in this section shall not be canceled, except after not less than ninety (90) days' notice to the board. Upon failure of the operator to make substitution of financial assurance prior to the effective date of cancellation of the financial assurance or within thirty (30) days following notice of cancellation by the board, whichever is later, the board shall have the right to issue a cease and desist order and seek injunctive relief to stop the operator from conducting operations covered by such financial assurance until such substitution has been made.

(g) If the license to do business in this state of any surety, upon a bond filed with the board pursuant to this chapter, shall be suspended or revoked, the operator, within thirty (30) days after receiving notice thereof from the board, shall substitute for such surety alternative financial assurance in accordance with this section. Upon failure of the operator to make substitution of financial assurance, the board shall have the right to issue a cease and desist order and seek injunctive relief to stop the operator from conducting operations covered by such financial assurance until such substitution has been made.

(h) When an operator shall have completed all or a portion of reclamation requirements, or all or a portion of any post-closure activity, under the provisions of this chapter as to any portion of affected land or any post-closure activity, he may notify the board. Within thirty (30) days after the receipt of such notice, the board shall notify the operator as to whether or not the reclamation or post-closure activity performed meets the requirements of the reclamation plan pertaining to the land in question.

(1) Upon the determination by the board that the requirements of the reclamation plan in question have been substantially met as to said lands or such activity, the amount of financial assurance in effect as to such lands or such activity shall be reduced by an amount designated by the board to reflect the reclamation done.

(2) Upon a determination by the board that the requirements of the reclamation plan in question have not been substantially met as to said lands or such activity, it shall deliver to the operator, in writing, a notice of rejection of the request for financial assurance release and shall set forth in said notice the reasons for such rejection, the factual findings upon which such rejection is based, the manner in which the reclamation fails to fulfill the requirements of the reclamation plan, and the changes necessary to comply with the requirements of the reclamation plan.

(i) When an operator shall have completed an activity specified in an approved permanent closure plan, he may notify the board. Within thirty (30) days after the receipt of such notice, the board shall notify the operator as to whether or not the activity performed meets the requirements of the permanent closure plan. In determining whether or not an activity under the statutory responsibility of the department of environmental quality meets the requirements of the permanent closure plan, the board shall consult with that department.

(1) Upon the determination by the board that the activity meets the requirements of the permanent closure plan, the financial assurance for permanent closure shall be reduced by an amount designated by the board to reflect the activity completed.

(2) Upon a determination by the board that the requirements of the permanent closure plan in question have not been met as to said lands, it shall deliver to the operator, in writing, a notice of rejection of the request for financial assurance release and shall set forth in said notice the reasons for such rejection, the factual findings upon which such rejection is based, the manner in which the activity fails to fulfill the requirements of the permanent closure plan, and the changes necessary to comply with the requirements of the permanent closure plan.

(j) An operator may withdraw any land previously designated as affected land within a mine panel, provided that it is not already affected land, and in such event, he shall notify the board, and the amount of the bond in effect as to the lands in that mine panel shall be reduced by an amount designated by the board as the amount which would have been necessary to reclaim such lands.

(k) Proof of financial assurance may be demonstrated by surety bond, corporate guarantee, letter of credit, certificate of deposit, trust fund, and any combination thereof or any other proof of financial assurance approved by the board.

(l) An operator may provide proof of financial assurance by use of a trust fund, provided the following conditions are met:

(1) The trust fund is managed by a third-party trustee;

(2) The trust fund names the state of Idaho as beneficiary; and

(3) The trust is initially funded in an amount at least equal to:

(i) The financial assurance amount as estimated by this section;

(ii) A specified schedule of payments into the fund; or

(iii) A pro-rata amount if used with another financial assurance mechanism.

(4) The trustee shall invest the principal and income of the fund in accordance with general investment practices. Investments can include equities, bonds, and government securities.

(5) The operator enters into a memorandum of agreement with the board that identifies the trustee, a range of investments, initial funding, schedule of payments, and expected rate of return.

(6) The trust fund balance shall be reviewed by the board at a period not to exceed once every five (5) years and adjustments to the trust fund made to meet the conditions of the agreement and this chapter.

(m) Following the permanent cessation of a mining operation, the board may determine that a post-closure period of greater than thirty (30) years is necessary only when the following conditions have been met:

(1) The board has determined that such longer post-closure period is necessary to meet the requirements of sections 47-1506, 47-1509, 47-1510, and 47-1511, Idaho Code;

(2) The board has delivered to the operator, in writing, a notice setting forth the reasons it believes a longer post-closure period is necessary;

(3) The board has conducted a hearing where the operator is allowed to give testimony concerning the length of the post-closure period. The hearing shall be held under such rules as promulgated by the board. The requirement for a hearing may be waived by the operator; and

(4) Any decision by the board under this subsection shall be considered a final order pursuant to section 47-1514, Idaho Code.

(n) Any mining operation that is addressing water management, and any releases to the environment through a comprehensive environmental response, compensation and liability act (CERCLA) order, including any required financial assurance, shall not be required to submit financial assurance to the board for any activities covered by a CERCLA order.

History:

[47-1512, added 1971, ch. 206, sec. 12, p. 898; am. 1980, ch. 206, sec. 1, p. 471; am. 1985, ch. 123, sec. 1, p. 304; am. 1988, ch. 223, sec. 2, p. 426; am. 1997, ch. 269, sec. 4, p. 776; am. 2005, ch. 167, sec. 10, p. 519.; am. 2016, ch. 22, sec. 2, p. 29; am. 2019, ch. 226, sec. 12, p. 703.]
Idaho Code § 47-1503 — Idaho Code / Title 47 / Chapter 15 / Section 47-1503
47-1503 DEFINITIONS.
Status: in_force

47-1503. Definitions. Wherever used or referred to in this chapter, unless a different meaning clearly appears from the context:

(1) "Board" means the state board of land commissioners or such department, commission, or agency as may lawfully succeed to the powers and duties of such board.

(2) "Cyanidation" means the method of extracting target precious metals from ores by treatment with cyanide solution, which is the primary leaching agent for the extraction.

(3) "Cyanidation facility" means that portion of a new ore processing facility, or a material modification or a material expansion of that portion of an existing ore processing facility, that utilizes cyanidation and is intended to contain, treat, or dispose of cyanide-containing materials including spent ore, tailings, and process water.

(4) "Director" means the head of the department of lands or such officer as may lawfully succeed to the powers and duties of said director.

(5) "Affected land" means the land area included in overburden disposal areas, mined areas, mineral stockpiles, roads, tailings ponds and other areas disturbed on the surface of mining operations.

(6) "Mineral" means coal, clay, stone, sand, gravel, metalliferous and nonmetalliferous type of ores, and any other similar solid material or substance of commercial value to be excavated from natural deposits on or in the earth.

(7) "Mining operations" means the activities performed on the surface of a surface or underground mine in the extraction of minerals from the ground, including the excavating of pits, removal of minerals, disposal of overburden, and the construction of haulage roads, exclusive of exploration operations, except that any exploration operations which, exclusive of exploration roads, (a) result during a period of twelve (12) consecutive months in more than five (5) contiguous acres of newly affected land, or (b) which, exclusive of exploration roads, result during a period of twelve (12) consecutive months in newly affected land consisting of more than ten (10) noncontiguous acres, if such affected land constitutes more than fifteen percent (15%) of the total area of any circular tract that includes such affected land, shall be deemed to be a surface mining operation for the purposes of this chapter.

(8) "Exploration operations" means activities performed on the surface of lands to locate mineral bodies and to determine the mineability and merchantability thereof.

(9) "Surface mine" means an area where minerals are extracted by removing the overburden lying above and adjacent to natural deposits thereof and mining directly from the natural deposits thereby exposed.

(10) "Underground mine" means an area where minerals are extracted from beneath the surface of the ground by means of an adit, shaft, tunnel, decline, portal, bore hole, drill hole for solution mining, or such other means of access beneath the surface of the ground, other than a pit.

(11) "Mined area" means surface of land from which overburden, waste rock, or minerals have been removed other than by drilling of exploration drill holes.

(12) "Overburden" or "waste rock" means material extracted by an operator that is not a part of the material ultimately removed from a surface mine or underground mine and marketed by an operator, exclusive of mineral stockpiles.

(13) "Overburden disposal area" means land surface upon which overburden or waste rock is placed or planned to be placed.

(14) "Exploration drill holes" means holes drilled from the surface to locate mineral bodies and to determine the mineability and merchantability thereof.

(15) "Exploration roads" means roads constructed to locate mineral bodies and to determine the mineability and merchantability thereof.

(16) "Exploration trenches" means trenches constructed to locate mineral bodies and to determine the mineability and merchantability thereof.

(17) "Peak" means a projecting point of overburden.

(18) "Significant change" means, for an underground mine, a fifty percent (50%) increase in the areal extent of the disturbed affected land.

(19) "Mine panel" means that portion of a mine designated by an operator as a panel of a surface mine or the surface effects of an underground mine on the map submitted pursuant to section 47-1506, Idaho Code.

(20) "Mineral stockpile" means minerals extracted during surface mining operations and retained at the surface mine for future rather than immediate use.

(21) "Permanent closure plan" means a description of the procedures, methods, and schedule that will be implemented to meet the intent and purposes of this chapter in treating and disposing of cyanide-containing materials including spent ore, tailings, and process water and in controlling and monitoring discharges and potential discharges for a reasonable period of time based on site-specific conditions.

(22) "Pit" means an excavation created by the extraction of minerals or overburden at a surface mine.

(23) "Ridge" means a lengthened elevation of overburden.

(24) "Road" means a way constructed on a surface mine for the passage of vehicles, including the bed, slopes and shoulders thereof.

(25) "Operator" means any person or persons, any partnership, limited partnership, corporation, or limited liability company, or any association of persons, either natural or artificial, including, but not limited to, every public or governmental agency engaged in mining operations or exploration operations or in operating a cyanidation facility, whether individually, jointly, or through subsidiaries, agents, employees, or contractors, and shall mean every governmental agency owning or controlling the use of any surface mine when the mineral extracted is to be used by or for the benefit of such agency. It shall not include any such governmental agency with respect to those mining or exploration operations as to which it grants mineral leases or prospecting permits or similar contracts, but nothing herein shall relieve the operator acting pursuant to a mineral lease, prospecting permit or similar contract from the terms of this chapter.

(26) "Hearing officer" means that person selected by the board to hear proceedings under section 47-1513, Idaho Code.

(27) "Final order of the board" means a written notice of rejection, the order of a hearing officer at the conclusion of a hearing, or any other order of the board where additional administrative remedies are not available.

(28) "Tailings pond" means an area on the surface of a mining operation enclosed by a man-made or natural dam onto which has been discharged the waste material resulting from the primary concentration of minerals in ore excavated from a surface or underground mine.

(29) "Financial assurance" means monetary assurances in such form and amount as are necessary for the board or a third party to perform the reclamation activities required in this chapter.

(30) "Post-closure" means a description of the procedures, methods, and schedule for monitoring, care and maintenance, and water management that will be implemented on a mine panel after cessation of mining operations for a period not to exceed thirty (30) years unless the board determines a longer period is necessary.

History:

[47-1503, added 1971, ch. 206, sec. 3, p. 898; am. 1973, ch. 180, sec. 2, p. 415; am. 1974, ch. 17, sec. 35, p. 308; am. 2005, ch. 167, sec. 5, p. 512; am. 2019, ch. 226, sec. 4, p. 694.]
Idaho Code § 47-704 — Idaho Code / Title 47 / Chapter 7 / Section 47-704
47-704 LEASES OF MINERAL RIGHTS IN STATE LANDS.
Status: in_force

47-704. Leases of mineral rights in state lands. (1) The state board of land commissioners may lease in tracts of sizes as the board may deem fair for prospecting, exploration, and mining of mineral deposits, except for leases for oil, gas and other hydrocarbons that may be contained in any portion of the unsold lands of the state or that may be contained in state lands sold with a reservation of mineral deposits or that belong to the state of Idaho by reason of being situate between the high water marks of navigable rivers of the state, for such annual rental, not less than one dollar ($1.00) per acre per annum, and for such royalty upon the product as the board may deem fair and in the interest of the state, except in the case of state oil and gas leases wherein the royalty to the state shall be not less than twelve and one-half percent (12 1/2%), and provided that the minimum royalty shall not be less than two and one-half percent (2 1/2%) and not more than market conditions.

(2) All mineral leases, except leases for oil, gas, and other hydrocarbons, and geothermal resources of state school lands and for lands belonging to the state of Idaho, shall be for a term of up to twenty (20) years and shall be continued if any of the following provisions are met:

(a) Precious metals, minerals, mineral concentrates, mineral products, or ores are produced in paying quantities;

(b) The lessee has negotiated and remitted a prepaid royalty no less than five dollars ($5.00) per acre per year;

(c) The lessee in good faith conducts exploration, prospecting, work, or mining operations thereon;

(d) The mineral lease is undergoing a regulatory approval process for exploration, prospecting, or mining; or

(e) The lessee conducts work on land adjacent or near the leased premises as a single mining operation, including construction of infrastructure associated with mining.

(3) Provided, that the leaseholder of any mineral lease except leases for oil, gas, and other hydrocarbons, and geothermal resources heretofore or hereafter issued, upon the expiration of the initial lease and all renewals thereof, shall be given the preferential right to renew such lease or renewal leases under such readjustment of the terms and conditions as the board may determine to be necessary in the interest of the state.

(4) All applications received, whether by mail or by personal delivery over the counter, shall be immediately stamped with the date and hour of filing. Simultaneous filings result when two (2) or more applications are received for the same lands during the same hour of the same day. Simultaneous filings shall be resolved by competitive bidding. This provision does not apply to applications received from an applicant having a preferential right under this section. In the absence of a simultaneous filing, and except for lands and resources which may be designated for competitive bidding, right of priority to a mineral lease shall be determined by the first qualified applicant who shall file a completed, signed application on the form of the department of lands or exact copy thereof between the hours of 8:00 a.m. and 5:00 p.m. during any business day, together with the application fee set by the board.

(5) Applications for mineral leases shall be made under oath in such form as the board may prescribe, and the applicant shall describe the land, specify the particular mineral or minerals, and give such additional information as may be required by the rules and regulations of the board. If the applicant for a lease has previously filed a certificate of location, as provided in section 47-703, Idaho Code, upon any part of the land desired to be leased, such application shall be given a preferential right to the land covered by his location; that no lands upon which a mineral location has been duly made and recorded as provided in section 47-703, Idaho Code, shall be leased for mining purposes during the two (2) year periods to any applicant except the person having made such location; provided, however, that no locations may be made for oil and gas deposits or lands or for geothermal resources.

(6) Any motorized exploration as defined in section 47-703, Idaho Code, on the lands between the ordinary high water marks of any navigable river of the state shall be prohibited except upon written approval by the board and submission of a bond to the department in the form and amount set by the board; and, if applicable, an operator shall also comply with the Idaho dredge and placer mining protection act, chapter 13, title 47, Idaho Code; provided, that in all instances an operator shall comply with the stream protection act and all other applicable laws and rules of the state.

(7) Upon receipt by the state board of land commissioners of an application to lease any lands which may belong to the state of Idaho by reason of being situate between the high water marks of navigable rivers of the state, the board shall 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. The board or its authorized representative shall 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) persons 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 shall consider fully all written and oral submissions respecting the application.

(8) Provided, however, that the state board of land commissioners shall send notice of any such application for leasing the bed of navigable rivers to the director of the department of water resources, who, if the director thinks advisable, shall at the expense of the applicant make an investigation. If said investigation shows that the rights of interested parties may be jeopardized by the issuance of the proposed lease, the director shall give notice of such applications to parties affected thereby. If it shall appear to the state board of land commissioners that the leasing of any lands between the high water marks of any navigable river will be injurious to the rights of any person or persons having the right to the use of the waters thereof, for irrigation, power, or any other lawful purpose, the state board of land commissioners shall deny such application.

(9) Mineral leases granted according to this section, including but not limited to leases that have been awarded but not executed, shall comply with the following terms and conditions:

(a) After granting of a lease, no fees or payments shall be charged to lessees except for royalty payments, including prepaid and production, and rent per acre per annum.

(b) Rent per acre per annum may be indexed for inflation, but no more than three percent (3%) per annum. The rental paid shall be deducted from the royalties as they accrue for the life of the lease.

(c) No more than one (1) lease may be issued for the same mineral on the same land.

(d) Only one (1) lessee may hold multiple mineral leases on the same land.

(e) In the event of an exchange or sale involving leased lands, the purchaser shall accept and be assigned to perform the exact terms and conditions set forth in the lease as the lessor.

(f) The leaseholder demonstrates a mineral resource is present on the public lands using industry standard to estimate or project a mineral resource that is likely viable for future mineral development. The board shall recognize its role as a partner on behalf of state lands and provide confidentiality to the leaseholders regarding resource estimates that may be reported. If the leaseholder determines in the future to drop any mineral lease, the board may use this information for public consumption to encourage and support mineral development on those leases.

(g) No less than one hundred eighty (180) days prior to the expiration date of the mineral lease, lease terms and conditions shall be fairly modified and readjusted if needed. If an agreement cannot be reached, the lessor and lessee shall engage in good faith mediation. The lease shall remain in full force and effect during the mediation.

History:

[(47-704) added 1923, ch. 96, sec. 6, p. 115; am. 1925, ch. 220, sec. 3, p. 404; am. 1937, ch. 124, sec. 2, p. 185; am. 1939, ch. 99, sec. 1, p. 166; am. 1949, ch. 77, sec. 1, p. 135; am. 1951, ch. 43, sec. 1, p. 52; am. 1957, ch. 201, sec. 1, p. 416; am. 1957, ch. 210, sec. 1, p. 439; am. 1967, ch. 225, sec. 1, p. 676; am. 1980, ch. 31, sec. 1, p. 54; am. 1981, ch. 325, sec. 5, p. 679; am. 1986, ch. 81, sec. 3, p. 240; am. 1990, ch. 316, sec. 2, p. 863; am. 1990, ch. 317, sec. 2, p. 866; am. 2020, ch. 341, sec. 2, p. 999; am. 2021, ch. 321, sec. 34, p. 975.]
Idaho Code § 47-1611 — Idaho Code / Title 47 / Chapter 16 / Section 47-1611
47-1611 COOPERATIVE AGREEMENTS AND MODIFICATION OF LEASES AUTHORIZATION.
Status: in_force

47-1611. Cooperative agreements and modification of leases authorization. The state board of land commissioners is a person authorized to join on behalf of the state of Idaho in agreements for cooperative or unit plans of development or operation of the geothermal resources of geothermal resource areas involving state or school lands and to do all things necessary to make operative such plan or plans subject to any and all provisions of state and federal law; and for such purposes the board is hereby authorized with the consent of its lessees to modify and change any and all terms of leases issued by it to facilitate efficiency and resource conservation in geothermal resource operations on and from lands under its jurisdiction; provided however, that said board shall not use or contract to use funds under its control for the purpose of drilling or otherwise paying the cost of geothermal resource operations.

History:

[47-1611, added 1972, ch. 182, sec. 1, p. 467.]
Idaho Code § 47-807 — Idaho Code / Title 47 / Chapter 8 / Section 47-807
47-807 ASSIGNMENT OR TRANSFER OF LEASES RESTRICTED.
Status: in_force

47-807. Assignment or transfer of leases restricted. No oil and gas lease made under the provisions of this act shall be assignable or transferable except upon the written consent of the board.

History:

[47-807, added 1937, ch. 130, sec. 7, p. 200.]
Idaho Code § 47-1708 — Idaho Code / Title 47 / Chapter 17 / Section 47-1708
47-1708 PRIORITIES.
Status: in_force

47-1708. Priorities. Expenditure of funds from the abandoned mine reclamation fund shall reflect the following priorities in the order stated:

(1) The protection of public health, safety, and general welfare from the adverse effects of past mining practices.

(2) The restoration of water quality that was previously degraded by the adverse effects of past mining practices, especially in areas where water quality standards are not met.

(3) The restoration of land resources that were previously degraded by the adverse effects of past mining practices.

History:

[(47-1708) 47-1707, added 1994, ch. 220, sec. 1, p. 705; am. 1999, ch. 44, sec. 8, p. 107; am. and redesig. 2025, ch. 79, sec. 6, p. 360.]
Idaho Code § 47-1601 — Idaho Code / Title 47 / Chapter 16 / Section 47-1601
47-1601 GEOTHERMAL RESOURCES — LAND LEASES — AUTHORIZATION.
Status: in_force

47-1601. Geothermal resources — Land leases — Authorization. The state board of land commissioners is hereby authorized and empowered to issue geothermal resource leases for terms of up to forty-nine (49) years on any state or school lands which may contain geothermal resources, together with the right to use and occupy so much of the surface of said land as may be required for all purposes reasonably incident to the prospecting for, exploration for, drilling or other well construction for, and production of geothermal resources.

History:

[47-1601, added 1972, ch. 182, sec. 1, p. 467; am. 2011, ch. 61, sec. 1, p. 136.]
Idaho Code § 47-1322 — Idaho Code / Title 47 / Chapter 13 / Section 47-1322
47-1322 TITLE.
Status: in_force

47-1322. Title. This act may be cited as the "Idaho Dredge and Placer Mining Protection Act."

History:

[47-1322, added 1955, Init. Meas., sec. 13; am. 1969, ch. 281, sec. 11, p. 845.]