reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 11 - PROCEEDING BY LIENHOLDER UPON UNPATENTED MINING CLAIM TO PREVENT FORFEITURE › Section 47-1102 - COST OF ASSESSMENT A LIEN.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 12 - LICENSE TAX FOR PRIVILEGE OF MINING AND EXTRACTING ORES › Section 47-1201 - LICENSE TAX TO BE MEASURED BY ONE PERCENT OF THE NET VALUE OF ORES MINED — DEFINITION OF ROYALTY.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 12 - LICENSE TAX FOR PRIVILEGE OF MINING AND EXTRACTING ORES › Section 47-1202 - NET VALUE OF ORE TO BE USED AS MEASURE OF TAX — HOW DETERMINED.

47-1202. NET VALUE OF ORE TO BE USED AS MEASURE OF TAX — HOW DETERMINED. For the purpose of measuring and determining the amount of tax to be paid under the provisions of section 47-1201, Idaho Code, the royalties as defined in subsection (b) of section 47-1201, Idaho Code, or the net value of ore mined shall be computed under one (1) of the following methods at the election of the taxpayer. Such election, once made, shall be binding for all succeeding years unless the taxpayer secures permission from the state tax commission to change to another method:
(a) Ores mined within the state shall be valued by deducting from the gross value of the ore, all costs of mining and processing such ore, using the formula prescribed in section 613 of the Internal Revenue Code and Treasury Regulation 1.613-5 for computation of the net income from mining for depletion purposes, less the deduction of depletion as computed under section 613 of the Internal Revenue Code and Treasury Regulation 1.613-5; or
(b) Ores mined within the state shall be valued using the gross value determined by the U.S. Department of the Interior for computation of the value of minerals on public lands for federal royalty purposes, less the following deductions:
(1) all costs of mining and transporting such ore to the point at which the value for federal royalty purposes is determined by measurement of the quantity of ore mined; these costs to include only those directly incurred in and attributable to the actual mining and transportation operation in the state of Idaho, and
(2) the applicable portion of the federal deduction for depletion, allocated on the ratio of the gross value of the ore used for this computation, to the gross value of the ore used in the federal depletion computation.
History:
[47-1202, added 1935 (1st E.S.), ch. 65, sec. 2, p. 182; am. 1941, ch. 106, sec. 2, p. 188; am. 1972, ch. 99, sec. 2, p. 209; am. 1973, ch. 43, sec. 1, p. 78; am. 1977, ch. 93, sec. 2, p. 190; am. 1996, ch. 381, sec. 1, p. 1294.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 12 - LICENSE TAX FOR PRIVILEGE OF MINING AND EXTRACTING ORES › Section 47-1203 - STATEMENT OF NET PROCEEDS FROM MINING OR EXTRACTING ORES — OR FROM ROYALTY.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 12 - LICENSE TAX FOR PRIVILEGE OF MINING AND EXTRACTING ORES › Section 47-1204 - STATEMENT AS TO ENTIRE GROUP.

47-1204. STATEMENT AS TO ENTIRE GROUP. Where the same person or persons are operating or leasing to another two (2) or more mines or mining claims under one (1) general system of mining or development, a duplicate copy of the statement herein provided, and the tax herein levied, shall be made as to such entire group and need not be made as to each particular mining claim constituting said group, as provided by section 63-2804.
History:
[47-1204, added 1935 (1st E.S.), ch. 65, sec. 4, p. 182; am. 1972, ch. 99, sec. 4, p. 209.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 12 - LICENSE TAX FOR PRIVILEGE OF MINING AND EXTRACTING ORES › Section 47-1205 - DEFINITION OF VALUABLE MINERAL.

47-1205. DEFINITION OF VALUABLE MINERAL. The term "valuable mineral" for purposes of this act, shall be deemed to include not only gold, silver, copper, lead, zinc, coal, phosphate and limestone, but also any other substance not gaseous or liquid in its natural state, which makes real property more valuable by reason of its presence thereon or thereunder and upon which depletion is allowable pursuant to section 613 of the Internal Revenue Code, provided, however, that sand and gravel are not included in this definition.
History:
[47-1205, added 1977, ch. 93, sec. 4, p. 192.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 12 - LICENSE TAX FOR PRIVILEGE OF MINING AND EXTRACTING ORES › Section 47-1206 - PAYMENT OF MINE LICENSE TAX.

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 sixty-six percent (66%) to the credit of the general fund of the state and thirty-four percent (34%) 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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 12 - LICENSE TAX FOR PRIVILEGE OF MINING AND EXTRACTING ORES › Section 47-1208 - TAX DEFICIENCY COLLECTION AND ENFORCEMENT PROCEDURES.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 13 - DREDGE MINING › Section 47-1312 - POLICY.

47-1312. POLICY. It is hereby declared to be the policy of the state of Idaho to protect the lands, streams and watercourses within the state, from destruction by dredge mining and by placer mining, and to preserve the same for the enjoyment, use and benefit of all of the people, and that clean water in the streams of Idaho is in the public interest.
History:
[47-1312, added 1955 Init. Meas., sec. 1; am. 1969, ch. 281, sec. 1, p. 845.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 13 - DREDGE MINING › Section 47-1314 - DISTURBED LANDS TO BE RESTORED — NOTICE AND RESTORATION OF PLACER OR DREDGE EXPLORATION OPERATIONS.

47-1314. DISTURBED LANDS TO BE RESTORED — NOTICE AND RESTORATION OF PLACER OR DREDGE EXPLORATION OPERATIONS. (a) Any person conducting a placer or dredge mining operation shall, within one (1) year of permanent cessation of operations as to the whole or any part of the permit area, commence restoration of disturbed lands in the permit area or in any portion thereof as to which operations are permanently ceased. In accordance with a permit approved for the operation under section 47-1317, Idaho Code, surfaces shall be returned to a contour reasonably comparable to that contour existing prior to disturbance, topsoil shall be replaced where deemed appropriate by the board, and vegetation shall be planted reasonably comparable to that vegetation existing prior to disturbance. Any disturbed natural watercourse shall be restored to a configuration and pool structure conducive to good fish and wildlife habitat and recreational use.
(b) Any person desiring to conduct placer or dredge exploration operations using motorized earth-moving equipment shall, prior to or within seven (7) days of commencing exploration, notify the director in writing of the name and address of the person, and the location, anticipated size, and method of exploration. Such notice shall be subject to disclosure according to chapter 1, title 74, Idaho Code. Any placer or dredge exploration operation which causes a cumulative surface disturbance in excess of one-half (1/2) acre of land, including roads, shall be considered a placer or dredge mining operation. Lands disturbed by any placer or dredge exploration operation which causes a cumulative surface disturbance of less than one-half (1/2) acre of land, including roads, shall be restored to conditions reasonably comparable to conditions existing prior to the placer or dredge exploration operation.
History:
[47-1314, added 1984, ch. 102, sec. 3, p. 233; am. 1990, ch. 213, sec. 64, p. 533; am. 2015, ch. 141, sec. 121, p. 471; am. 2018, ch. 76, sec. 1, p. 171.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 13 - DREDGE MINING › Section 47-1315 - WATER CLARIFICATION.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 13 - DREDGE MINING › Section 47-1316 - ADMINISTRATIVE AGENCY.

47-1316. ADMINISTRATIVE AGENCY. The Idaho state board of land commissioners is hereby designated the administrative agency of this act and shall have the power and duty to adopt rules and regulations for its administration in accordance with the intent and purposes thereof, and to employ personnel necessary to effectually carry out this law. Such board may make such inquiries and investigations and conduct such hearings as the board shall deem advisable or necessary.
History:
[47-1316, added 1955, Init. Meas., sec. 5; am. 1969, ch. 281, sec. 5, p. 845.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 13 - DREDGE MINING › Section 47-1318 - TERMINATION OF PERMITS — HEARING.

47-1318. TERMINATION OF PERMITS — HEARING. Without in any manner affecting the penal and injunctive provisions of this act the Idaho state board of land commissioners is empowered to commence proceedings to terminate any permit to conduct dredge or other placer mining operations issued hereunder for any violation of the terms of this act, after having issued and served upon the permittee alleged to be committing such violation, a formal complaint which shall specify the provisions of this act which the permittee allegedly is violating, and a statement of the manner in and the extent to which said permittee is alleged to be violating the provisions of this act. Such notice may be served by certified mail, and return receipt signed by the permittee or his agent shall constitute service and time thereof of such notice. The permittee 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 permittee fails to answer the complaint and to request a hearing, the matters asserted in the complaint shall be deemed admitted by the permittee, and the board may proceed to terminate the permit and forfeit the bond in an amount necessary to pay all costs and expense of restoring the lands and beds of streams damaged by dredge or other placer mining of the defaulting permittee. Upon request for a hearing by a permittee, the board shall schedule a hearing not less than thirty (30) days after the date the permittee requests a hearing. The provisions of chapter 52, title 67, Idaho Code, shall govern proceedings instituted pursuant to this section. The board may designate one (1) of its members, or a hearing officer or officers to conduct any hearings and enter recommended or preliminary orders, as determined by the board, on issues involving the administration of this act.
Upon entry of a final order terminating a permit or forfeiting a bond, the board shall assess the costs of the hearing against the defaulting permittee.
History:
[47-1318, added 1955, Init. Meas., sec. 7; am. 1969, ch. 281, sec. 7, p. 845; am. 1986, ch. 82, sec. 1, p. 242; am. 1988, ch. 72, sec. 1, p. 102; am. 1993, ch. 216, sec. 44, p. 627.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 13 - DREDGE MINING › Section 47-1319 - BOND FORFEITURE ON DEFAULT.

47-1319. BOND FORFEITURE ON DEFAULT. (a) The surety bond required by this act to be given by a permittee for dredge or other placer mining purposes under permit shall be exonerated and discharged upon the completion or termination of such mining operation as specified in the permit granted therefor and upon full compliance with the requirements of this act and the rules and regulations of said board of land commissioners made for the administration thereof.
(b) That in event the holder of any permit issued under this act fails to comply with the requirements of this act and the rules and regulations of the Idaho board of land commissioners for the administration hereof, then the applicable bond of such permittee shall be forfeited to the state of Idaho in such amount and to such extent as the state board of land commissioners shall estimate and determine will be necessary to pay all cost and expense of restoring the lands and beds of streams damaged by dredge or other placer mining of said defaulting permittee and covered by such bond and remaining unrestored, and such forfeited funds are to be deposited in the dredge and placer mining account, which is hereby created in the dedicated fund of the state treasury. All moneys deposited in the dredge and placer mining account pursuant to this section or other provisions of this chapter shall be utilized by the state board of land commissioners for the restoration of lands and watercourses damaged by placer or dredge mining operations.
(c) No forfeiture of bond of a permittee shall be made until after procedures have been followed as provided in sections 47-1318 and 47-1320, Idaho Code, and the complaint is issued and findings of facts and rulings of law in support of the order of forfeiture, if any, have been made and the time for appeal has expired.
History:
[47-1319, added 1955, Init. Meas., sec. 8; am. 1957, ch. 325, sec. 2, p. 685; am. 1969, ch. 281, sec. 8, p. 845; am. 1984, ch. 102, sec. 6, p. 237; am. 1988, ch. 72, sec. 2, p. 103.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 13 - DREDGE MINING › Section 47-1320 - HEARING PROCEDURES AND APPEALS.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 13 - DREDGE MINING › Section 47-1322 - TITLE.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 13 - DREDGE MINING › Section 47-1323 - DREDGE MINING OF WATER BODIES MAKING UP THE NATIONAL WILD AND SCENIC RIVERS SYSTEM PROHIBITED.

47-1323. DREDGE MINING OF WATER BODIES MAKING UP THE NATIONAL WILD AND SCENIC RIVERS SYSTEM PROHIBITED. Dredge mining in any form shall be prohibited on:
(1) The middle fork of the Clearwater river, from the town of Kooskia upstream to the town of Lowell; the Lochsa river from its junction with the Selway at Lowell forming the middle fork, upstream to the Powell ranger station; and the Selway river from Lowell upstream to its origin;
(2) The middle fork of the Salmon river, from its origin to its confluence with the main Salmon river;
(3) The St. Joe river, including tributaries, from its origin to its confluence with Coeur d’Alene lake, except for the St. Maries river and its tributaries.
History:
[47-1323, added 1970, ch. 244, sec. 1, p. 659; am. 1977, ch. 114, sec. 1, p. 246.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 14 - MINERAL LEASES BY POLITICAL SUBDIVISIONS AND MUNCIPALITIES › Section 47-1401 - LEASE FOR EXPLORATION AND DEVELOPMENT AUTHORIZED.

47-1401. LEASE FOR EXPLORATION AND DEVELOPMENT AUTHORIZED. The governing body of any county, city, town, village, school district or other municipal corporation or political subdivision of the state of Idaho authorized to acquire and hold real property may, upon determining that such action will be in the best interest of such county, city, town, village, school district or other municipal corporation or political subdivision of the state of Idaho, lease, or enter into a community lease with respect to, any mineral interest owned by such county, city, town, village, school district or other municipal corporation or political subdivision of the state of Idaho, for the exploration for and development and production of oil, gas or other hydrocarbons, and otherwise contract for such exploration, development and production, upon such terms as such governing body may determine and as are not inconsistent with the provisions of this act.
History:
[47-1401, added 1961, ch. 100, sec. 1, p. 149.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 14 - MINERAL LEASES BY POLITICAL SUBDIVISIONS AND MUNCIPALITIES › Section 47-1402 - COOPERATIVE OR UNIT DEVELOPMENT.

47-1402. COOPERATIVE OR UNIT DEVELOPMENT. Any such governing body may, by such lease or contract, or by other agreement, include, or provide for the inclusion of, any such interest with other interests in any plan or agreement for cooperative or unit development or operation for oil, gas or other hydrocarbons, and modify and change any and all terms of any such lease or contract heretofore entered into or hereafter entered into under the provisions of this act, including the extension of the terms of any such lease or contract for the full period of time such cooperative or unit plan or agreement may remain in effect, as required to conform the terms of any such lease or contract to such cooperative or unit plan or agreement.
History:
[47-1402, added 1961, ch. 100, sec. 2, p. 149.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 14 - MINERAL LEASES BY POLITICAL SUBDIVISIONS AND MUNCIPALITIES › Section 47-1403 - RULES FOR ISSUING LEASE — TERM — ROYALTY.

47-1403. RULES FOR ISSUING LEASE — TERM — ROYALTY. Any such governing body may, in its discretion, make and establish such rules and regulations governing the issuance of such leases and contracts as are not inconsistent with provisions of this act. Any such lease or contract (1) shall be entered into pursuant to resolution duly adopted by the governing body, (2) may be for a term not exceeding ten (10) years and as long thereafter as oil, gas or other hydrocarbons shall be, or can be, produced in commercial quantities, except as such term may be extended pursuant to the provisions of section 47-1402, [Idaho Code,] and (3) shall reserve to the governing body a royalty of not less than one-eighth (1/8) of all oil, gas or other hydrocarbons produced from said lands.
History:
[47-1403, added 1961, ch. 100, sec. 3, p. 149.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 15 - MINED LAND RECLAMATION › Section 47-1501 - PURPOSE OF CHAPTER.

47-1501. PURPOSE OF CHAPTER. It is the purpose of this chapter to provide for the protection of the public health, safety and welfare through measures to reclaim the surface of all the lands within the state disturbed by exploration and surface and underground mining operations and measures to assure the proper closure of cyanidation facilities and thereby conserve natural resources, aid in the protection of wildlife, domestic animals, and aquatic resources, and reduce soil erosion.
History:
[47-1501, added 1971, ch. 206, sec. 1, p. 898; am. 1973, ch. 180, sec. 1, p. 415; am. 2005, ch. 167, sec. 3, p. 512; am. 2019, ch. 226, sec. 2, p. 694.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 15 - MINED LAND RECLAMATION › Section 47-1502 - SHORT TITLE.

47-1502. SHORT TITLE. This act shall be known and may be cited as the "Idaho mined land reclamation act." The reclamation provisions of this act shall not apply to mining operations regulated by the Idaho dredge and placer mining protection act, nor shall such provisions apply to any workings at an underground mine below the surface.
History:
[47-1502, added 1971, ch. 206, sec. 2, p. 898; am. 2005, ch. 167, sec. 4, p. 512; am. 2019, ch. 226, sec. 3, p. 694.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 15 - MINED LAND RECLAMATION › Section 47-1504 - BOARD OF LAND COMMISSIONERS — RESPONSIBILITY.

47-1504. BOARD OF LAND COMMISSIONERS — RESPONSIBILITY. The state board of land commissioners is charged with the responsibility of administering this act in accordance with the purpose of the act and the intent of the legislature. The director of the department of lands shall, upon authorization of the board, exercise the powers and discharge the duties vested in the board by this act.
History:
[47-1504, added 1971, ch. 206, sec. 4, p. 898; am. 1974, ch. 17, sec. 36, p. 308.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 15 - MINED LAND RECLAMATION › Section 47-1509 - PROCEDURES IN RECLAMATION.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 15 - MINED LAND RECLAMATION › Section 47-1510 - VEGETATION PLANTING.

47-1510. VEGETATION PLANTING. (a) Except as otherwise provided in this act, an operator shall plant, on affected lands, vegetation species that can be expected to result in vegetation comparable to the vegetation that was growing on the area occupied by the affected lands prior to the exploration and mining operations.
(b) No planting shall be required on any affected lands, or portions thereof, where planting would not be practicable or reasonable because the soil is composed of sand, gravel, shale, stone or other material to such an extent as to prohibit plant growth.
(c) No planting shall be required to be made with respect to any of the following:
(1) On any mined area or overburden pile proposed to be used in the mining operations for haulage roads, as long as such roads are not abandoned.
(2) On any mined area or overburden pile where lakes are formed by rainfall or drainage runoff from the adjoining lands.
(3) On any mineral stockpile.
(4) On any exploration trench that will become a part of any pit or overburden disposal area.
(5) On any road that the operator intends to use in his mining operations, as long as said road has not been abandoned.
History:
[47-1510, added 1971, ch. 206, sec. 10, p. 898; am. 2019, ch. 226, sec. 10, p. 702.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 15 - MINED LAND RECLAMATION › Section 47-1511 - RECLAMATION ACTIVITIES — TIME LIMITATIONS.

47-1511. RECLAMATION ACTIVITIES — TIME LIMITATIONS. (a) All reclamation activities required to be conducted under this act shall be performed in a good and workmanlike manner, with all reasonable diligence, and as to a given exploration drill hole, road or trench, within one (1) year after abandonment thereof.
(b) The reclamation activity as to a given mine panel shall be commenced within one (1) year after mining operations have permanently ceased as to such mine panel, provided, however, that in the event that during the course of mining operations on a given mine panel, the operator permanently ceases disposing of overburden on a given overburden pile, or permanently ceases removing minerals from a given pit, or permanently ceases using a given road or other affected land, then the reclamation activities to be conducted hereunder as to such pit, road, overburden pile, or other affected land shall be commenced within one (1) year after such termination, despite the fact that all operations as to the mine panel, which includes such pit, road, overburden pile, or other affected land, have not permanently ceased. It shall be presumed that the operator has permanently ceased mining operations as to a given affected land if no substantial amount of overburden has been placed on the overburden pile in question or if no minerals have been removed from the pit in question, as the case may be, for a period of three (3) years.
This presumption may be rebutted by evidencing, in writing, to the board what mining operations the operator has planned on the pit, road, overburden pile, or other affected land not used within a three (3) year period. Should the board determine that the operator, in good faith, intends to continue the mining operation within a reasonable period of time, it shall, in writing, so notify the operator. Should the board determine that the operation will not be continued within a reasonable period of time, the board shall proceed as though the mining operation has been abandoned.
History:
[47-1511, added 1971, ch. 206, sec. 11, p. 898; am. 2019, ch. 226, sec. 11, p. 703.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 15 - MINED LAND RECLAMATION › Section 47-1514 - APPEAL FROM FINAL ORDER — PROCEDURE.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 15 - MINED LAND RECLAMATION › Section 47-1515 - INFORMATION.

47-1515. INFORMATION. Any information supplied by an operator to the board, the director, or the department of lands, and designated by such operator as confidential, shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
History:
[47-1515, added 1971, ch. 206, sec. 15, p. 898; am. 1974, ch. 17, sec. 38, p. 308; am. 1990, ch. 213, sec. 66, p. 535; am. 2015, ch. 141, sec. 123, p. 473.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 15 - MINED LAND RECLAMATION › Section 47-1516 - DEPOSIT OF FORFEITURES AND DAMAGES.

47-1516. DEPOSIT OF FORFEITURES AND DAMAGES. All forfeitures and civil damages collected under the provisions of this act shall be deposited with the state treasurer in a special fund to be used by the board for mined land reclamation purposes.
History:
[47-1516, added 1971, ch. 206, sec. 16, p. 898; am. 2019, ch. 226, sec. 14, p. 710.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 15 - MINED LAND RECLAMATION › Section 47-1517 - CONDUCT OF ACTIVITIES.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 15 - MINED LAND RECLAMATION › Section 47-1518 - EFFECTIVE DATE — APPLICATION OF CHAPTER.

47-1518. EFFECTIVE DATE — APPLICATION OF CHAPTER. (a) The reclamation provisions of this chapter shall be in full force and effect on and after May 31, 1971. A surface mine operator shall not be required to perform the reclamation activities referred to in this chapter as to any surface mining operations performed prior to May 31, 1972, and, further, shall not be required to perform such reclamation activities as to any pit or overburden pile as it exists prior to May 31, 1972.
(b) The cyanidation provisions of this chapter shall be in full force and effect on and after July 1, 2005. A cyanidation facility with an existing permit approved by the department of environmental quality under section 39-118A, Idaho Code, as of July 1, 2005, shall be deemed to be in full compliance with the requirements of this chapter. If there is a material modification or a material expansion of a cyanidation facility after July 1, 2005, the provisions of this chapter shall apply to the modification or expansion. Provided however, that reclamation or closure-related activities at a facility with an existing cyanidation permit that did not actively add cyanide after January 1, 2005, shall not be considered to be material modifications or a material expansion of the facility.
(c) An underground mine operator shall not be subject to this chapter for affected land disturbed by underground mine operations prior to July 1, 2019. If there is a significant change to affected land at an underground mining operation after July 1, 2019, the provisions of this chapter shall apply to the significant change.
(d) The financial assurance and post-closure provisions of this chapter amended in 2019 shall be in force and effect on or after July 1, 2019. Provided that the financial assurance and post-closure provisions of this chapter amended in 2019 shall not apply to:
(1) Mining operations currently permitted or authorized to commence operations prior to July 1, 2019; or
(2) Any mining operation that has permanently ceased operations prior to July 1, 2019.
(e) For mining operations that have submitted maps and plans to state or federal agencies as required by section 47-1506, Idaho Code, but such operations have not been approved prior to July 1, 2019, such operations shall have one (1) year after operation approval to submit plans and financial assurance required by the financial assurance and post-closure provisions of this chapter as amended in 2019.
(f) The board shall promulgate temporary rules by August 1, 2019, to implement the 2019 amendments to this chapter.
History:
[47-1518, added 1971, ch. 206, sec. 19, p. 898; am. 2005, ch. 167, sec. 14, p. 526; am. 2019, ch. 226, sec. 16, p. 710.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 15 - MINED LAND RECLAMATION › Section 47-1519 - APPLICATION OF CHAPTER TO MINERAL EXTRACTION FOR PUBLIC HIGHWAY PURPOSES.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 16 - GEOTHERMAL RESOURCES › Section 47-1601 - GEOTHERMAL RESOURCES — LAND LEASES — AUTHORIZATION.

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.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 16 - GEOTHERMAL RESOURCES › Section 47-1602 - “GEOTHERMAL RESOURCES” DEFINED.

47-1602. "GEOTHERMAL RESOURCES" DEFINED. For the purposes of this chapter, "geothermal resources" shall mean the natural heat energy of the earth, the energy, in whatever form, which may be found in any position and at any depth below the surface of the earth present in, resulting from, or created by, or which may be extracted from, such natural heat, and all minerals in solution or other products obtained from the material medium of any geothermal resource. Geothermal resources are found and hereby declared to be sui generis, being neither a mineral resource nor a water resource, but they are also found and hereby declared to be closely related to and possibly affecting and affected by water resources in many instances. No right to seek, obtain, or use geothermal resources has passed or shall pass with any existing or future lease of state or school lands, including but not limited to, mineral leases and leases issued under chapter 8, title 47, Idaho Code.
History:
[47-1602, added 1972, ch. 182, sec. 1, p. 467.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 16 - GEOTHERMAL RESOURCES › Section 47-1603 - RULES AND REGULATIONS.

47-1603. RULES AND REGULATIONS. The state board of land commissioners is hereby authorized and empowered to adopt such rules and regulations governing the issuance of geothermal resource leases and governing the conduct of any operations thereunder.
History:
[47-1603, added 1972, ch. 182, sec. 1, p. 467.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 16 - GEOTHERMAL RESOURCES › Section 47-1604 - LEASED AREA.

47-1604. LEASED AREA. The surface area covered by a geothermal lease issued pursuant to this chapter shall be determined by the state board of land commissioners.
History:
[47-1604, added 1972, ch. 182, sec. 1, p. 467; am. 2011, ch. 63, sec. 1, p. 138.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 16 - GEOTHERMAL RESOURCES › Section 47-1605 - LEASES — RENTAL AND ROYALTY.

47-1605. LEASES — RENTAL AND ROYALTY. (1) Geothermal resources leases shall be issued at an annual rental of not less than twenty-five cents (25¢) per acre, payable in advance. The rental specified in geothermal leases shall be fixed in any manner by the state board of land commissioners including, but not limited to, competitive bidding, negotiation, fixed amounts or formulas.
(2) Royalty shall be established by the board of land commissioners based on the market value of the geothermal resources produced from the lands under lease. The royalties specified in geothermal leases shall be fixed in any manner by the state board of land commissioners including, but not limited to, competitive bidding, negotiation, fixed amounts or formulas. Royalties shall be paid in addition to rental payments, at the discretion of the board of land commissioners.
History:
[47-1605, added 1972, ch. 182, sec. 1, p. 467; am. 1985, ch. 124, sec. 1, p. 308; am. 2011, ch. 62, sec. 1, p. 137.]