reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.050 - LEASE CANCELLATION

Current through August 31, 2023
Leases may be canceled by the Director for the following reasons: (3-18-22)
01.
Non-Compliance
. If the lessee is not complying with the lease provisions or if resource damage attributable to the lessee's management is occurring to state endowment trust land within a lease, the lessee will be provided written notification of the violation by regular and certified mail. The letter will set forth the reasons for the Department's cancellation of the lease and provide the lessee thirty (30) days' notice of the cancellation. (3-18-22)
02.
Change in Land Use
. A lease may be canceled in whole or in part upon one hundred eighty (180) days written notice by the Department if the state endowment trust lands are to be leased for any other use as designated by the Board or the Department and the new use is incompatible with the existing lease. In the event of early cancellation due to a change in land use, the lessee will be entitled to a prorated refund of the premium bid for a conflicted lease. (3-18-22)
03.
Land Sale
. The Department reserves the right to sell state endowment trust lands covered under the lease. The lessee will be notified that the state endowment trust lands are being considered for sale prior to submitting the sales plan to the Board for approval. The lessee will also be notified of a scheduled sale at least thirty (30) days prior to sale. In the event of early cancellation due to land sale, the lessee will be entitled to a prorated refund of the premium bid for a conflicted lease. (3-18-22)
04.
Mutual Agreement
. Leases may be canceled by mutual agreement between the Department and the lessee. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.051 - LEASE ADJUSTMENTS

Current through August 31, 2023
01.
Department Required
. The Department may make adjustments to the lease for resource protection or resource improvement. (3-18-22)
02.
Lessee Requested
. Lessee requested changes in lease conditions must be submitted in writing and must receive written approval from the Department before implementation. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.052 - EXTENSIONS OF ANNUAL FARMING LEASE PAYMENT

Current through August 31, 2023
01.
Farming Lease Extensions
. An extension of the annual lease payment may be approved for farming leases only. Each lease is limited to no more than two (2) successive or five (5) total extensions during any ten (10) year lease period. Requests for extensions must be submitted in writing and must include the extension fee determined by the Board. The lessee must provide a written statement from a financial institution verifying that money is not available for the current year's farming operations. (3-18-22)
02.
Liens
. When an extension is approved, the Department will file a lien on the lessee's pertinent crop in a manner provided by Idaho Code. (3-18-22)
03.
Due Date
. Rental plus interest at a rate established by the Board will be due not later than November l of the year the extension is granted. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.060 - FEES

Current through August 31, 2023
Fees for lease administration will be periodically set by the Board and must be paid in full before a transaction can occur. All lease administration fees are non refundable. The Board has the authority to set fees related to administration of the leasing process including, but not limited to the following: lease applications; full lease assignment; partial lease assignment; mortgage agreement; subleases; late rental payment; minimum lease fee; and lease payment extension request. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.070 - SUBLEASING

Current through August 31, 2023
A lessee may not authorize another person to use state endowment trust land without prior written approval from the Department. The lessee must provide the name and address of sublessee, purpose of sublease, and a copy of the proposed sublease agreement. Lessee controlled herd stock does not require sublease approval. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.071 - ASSIGNMENTS

Current through August 31, 2023
The lessee may not assign a lease, or any part thereof, without prior written approval of the Department. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.072 - MORTGAGE AGREEMENTS

Current through August 31, 2023
The lessee may not enter into a mortgage agreement that involves state endowment trust land lease without prior written approval of the Department. The lessee must submit the required filing fee. The term of a mortgage agreement may not exceed the lease term. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.080 - MANAGEMENT PLANS

Current through August 31, 2023
01.
Federal Plan
. When state endowment trust land is managed in conjunction with federal land, the management plan prepared for the federal land may be deemed by the Department, at its discretion, the management plan. (3-18-22)
02.
Modification of Plan
. The Department may review and modify any grazing management plan upon changes in conditions, laws, or regulations, provided that the Department will give the lessee thirty (30) days notice of any such modifications prior to the effective date thereof. Modifications mutually agreeable to both the Department and lessee may be made at any time and may be initiated by lessee's request. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.090 - TRESPASS

Current through August 31, 2023
01.
Loss or Waste
. The lessee must use the property within the lease in such manner as will best protect the state of Idaho against loss or waste. Unauthorized activities occurring on state endowment trust land are considered trespass; these include dumping of garbage, constructing improvements without a permit, and other unauthorized actions. (3-18-22)
02.
Civil Action by Lessee
. The lessee is encouraged to take civil action against owners of trespass livestock on state endowment trust lands to recover damages to the lessee for lost forage or other values incurred by the lessee. (3-18-22)
03.
Continuing Trespass
. When continued trespass causes resource damage, the Department will initiate proceedings to restrict further trespass and recover damages as necessary. (3-18-22)
04.
Trespass Claims
. Trespass claims initiated by the Department will be assessed as triple the current State AUM rate for forage taken. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.100 - CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS

Current through August 31, 2023
01.
Prior Written Approval
. The lessee must secure the written approval of the Department prior to constructing any improvements or buildings, or clearing any state endowment trust land. Failure to secure such approval eliminates any right to an improvement credit and may, at the Department's discretion, be deemed a material breach of the lease and cause for cancellation. Any arrangement for cost sharing or improvement crediting will be identified in the improvement permit. Routine farming practices identified in a farm plan will not require prior approval. (3-18-22)
02.
Maintenance
. All authorized improvements must be maintained in functional condition by the lessee. The lessee may be required to remove or reconstruct improvements in poor or non-serviceable condition. Existing maintenance agreements on lands acquired from the federal government remain in effect until amended by the parties involved. If maintenance is not being accomplished, the Department will provide a certified letter to the lessee informing the lessee of the rule violation. If work is not begun within thirty (30) days, the Department may contract repairs and add the amount to the annual rental. (3-18-22)
03.
Bond
. The Department may require the lessee to furnish a bond prior to constructing improvements as deemed necessary to protect endowment assets or to ensure performance under the lease. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.101 - IMPROVEMENT CREDIT

Current through August 31, 2023
01.
Sale or Auction
. In the event of sale of the state endowment trust land covered under the lease or if the existing lessee is not the successful bidder at the auction of the lease, the creditable value of the authorized improvements, as determined by the Department, will be paid to the former lessee by the Department or the purchaser where a sale occurs or by the successful bidder where a new lease is issued. (3-18-22)
02.
Exchange
. In the event of exchange of the state endowment trust land covered under the lease, the creditable value of authorized improvements, as determined by the Department, will be paid to the former lessee by the acquiring party, if other than the existing lessee. (3-18-22)
03.
Crediting
. Improvement credit may be allowed when the Department determines that such credit would further the objective of maximizing long-term financial return to trust beneficiaries if the improvements are: (3-18-22)
a. Authorized in writing by the Department or lacking written authorization, but in existence prior to 1970; (3-18-22)
b. Not expressly permitted "for lessee's benefit only"; and (3-18-22)
c. Maintained during the lease term. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.105 - CONFLICT AUCTIONS

Current through August 31, 2023
01.
Two or More Applicants
. When two (2) or more eligible applicants apply to lease the same state endowment trust land for grazing, farming conservation, noncommercial recreation, or communication site purposes and the Department determines the proposed uses are not compatible, the Department will hold an auction. (3-18-22)
02.
Minimum Bid
. Bidding begins at two hundred fifty dollars ($250) or the cost of preparing any required improvement valuation in connection with the expiring lease, whichever is greater. (3-18-22)
03.
Auction Bidding
. Each applicant who appears in person or by proxy at the time and place so designated in said notice and bids for the lease is deemed to have participated in the auction. A proxy must be authorized by the lease applicant in writing prior to the start of the auction. (3-18-22)
04.
Withdrawal Prior to or Failure to Participate in an Auction
. Applicants who either withdraw their applications after accepting the Department offered lease per Subsection  020.02  of this rule and prior to the auction that results in no need to schedule an auction or cancellation of a scheduled auction; or applicants who fail to participate at the auction by not submitting a bid which results in only one (1) participant at the scheduled auction, forfeit an amount equal to the lesser of the following: (3-18-22)
a. The Department's cost of making any required improvement credit valuation; (3-18-22)
b. For existing lessee applicants, any improvement credit payment that would otherwise be due if not awarded the lease; or (3-18-22)
c. For conflict applicants, the rental deposit made. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.106 - BOARD REVIEW OF AUCTION

Current through August 31, 2023
The Board will review the proposed leases and auction results and make the determination required under Section  58310, Idaho Code, consistent with its obligations under Article IX, Section  8  of the Idaho Constitution and all relevant statutory provisions. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.111 - NOXIOUS WEED CONTROL

Current through August 31, 2023
01.
Weed Control
. The lessee must cooperate with the Department, or any other authorized agency, to undertake programs for control or eradication of noxious weeds on state endowment trust land. The lessee will take measures to control noxious weeds on the leased state endowment trust land in accordance with Title 22, Chapter 24, Idaho Code. (3-18-22)
02.
Responsibility
. The lessee will not be held responsible for the control of noxious weeds resulting from other land management activities such as temporary permits, easements, special leases and timber sales. Control of noxious weeds on state grazing lands will be shared by the lessee and Department, with the Department's share subject to funds appropriated for that purpose. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.112 - LIVESTOCK QUARANTINE

Current through August 31, 2023
01.
Cooperation
. The lessee must cooperate with the state/ federal agency responsible for the control of livestock diseases. (3-18-22)
02.
Non-Compliance
. Non-compliance with state/federal regulations will be considered a lease violation and may result in cancellation of the lease. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.113 - ANIMAL DAMAGE CONTROL

Current through August 31, 2023
The lessee may request the services of USDA Animal and Plant and Health Inspection Service-Wildlife Services to remove animals causing crop damage or harassing/killing the lessee's livestock. The Department is liable for any consequence from any animal control actions. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.114 - LIABILITY (INDEMNITY)

Current through August 31, 2023
The lessee must indemnify and hold harmless the state of Idaho, its departments, agencies and employees for any and all claims, actions, damages, costs and expenses which may arise by reason of lessee's occupation of the leased state endowment trust land, or the occupation of the leased parcel by any of the lessee's agents or by any person occupying the same with the lessee's permission. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.115 - RULES AND LAWS OF THE STATE

Current through August 31, 2023
The lessee must comply with all applicable rules, regulations and laws of the state of Idaho and the United States insofar as they affect the use of the state endowment trust lands described in the lease. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.000 - LEGAL AUTHORITY

Current through August 31, 2023
This Chapter is adopted under the legal authorities of Sections  58-104(1),  58-104(6),  58-104(9),  58-105, and  58-127, Idaho Code; Section  58-307, Idaho Code; Title 47, Chapter 7, Idaho Code; Title 47, Chapter 16, Idaho Code; and Title 67, Chapter 52, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 20.03.15, "Rules Governing Geothermal Leasing on Idaho State Lands." (3-18-22)
02.
Scope
. These rules apply to the exploration and extraction of any and all geothermal resources situated in state-owned mineral lands. (3-18-22)
03.
Other Laws
. In addition to these rules, the Lessee must comply with all applicable federal, state and local laws, rules and regulations. The violation of any applicable law, rule or regulation constitutes a breach of any lease issued in accordance with these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Any person aggrieved by any final agency action will be entitled to judicial review pursuant to the provisions of Title 67, Chapter 52, Idaho Code, IDAPA 20.01.01, and Title 47, Chapter 16, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.010 - DEFINITIONS

Current through August 31, 2023
01.
Associated By-Products or By-Product
: (3-18-22)
a. Any mineral or minerals (exclusive of oil, hydrocarbon gas, and helium) that are found in solution or developed in association with geothermal resources; or (3-18-22)
b. Demineralized or mineralized water. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.020 - QUALIFIED APPLICANTS AND LESSEES

Current through August 31, 2023
Any person legally competent to contract may submit an application to lease state land provided such person is not then in default of any contract with the state of Idaho or any department or agency thereof. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.021 - LEASE AWARD THROUGH AUCTION

Current through August 31, 2023
If more than one (1) application is received for geothermal development on the same parcel of land, a lease auction will be held. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.030 - TERM

Current through August 31, 2023
01.
Lease Term
. All leases may be for a term of up to forty-nine (49) years from the effective date of the lease. (3-18-22)
02.
Diligence in Utilization
. Lessee will use due diligence to market or utilize geothermal resources in paying quantities. If leased land is capable of producing geothermal resources in paying quantities, but production is shut-in, the lease will continue in force upon payment of rentals for the duration of the lease term or two (2) years after shut-in, whichever is shorter. If the Department determines that the Lessee is proceeding diligently to acquire a contract to sell or to utilize the production or is progressing with installations needed for production, the lease may continue in force for one (1) additional year if rental payments are kept current. The Department will continue to review a shut-in lease every year until production and payment of royalties takes place, or the lease is terminated for Lessee's lack of due diligence or surrendered by the Lessee. (3-18-22)
03.
Yearly Reporting
. A report of all exploration, development, and production activities must be submitted to the Department at the close of each lease year. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.035 - RENTALS

Current through August 31, 2023
01.
Advance Annual Rental
. Lessee will pay to the Department in advance each year an annual rental. The annual rental for the first year of the term will be due and payable and will be received by the Department, together with a lease agreement executed by Lessee within thirty (30) days of the date of notice of approval or award. Second year and subsequent rental payments must be received by the Department on or before the anniversary date of the lease. (3-18-22)
02.
Amount
. Annual rentals will be set by the Board through competitive bidding, negotiation, fixed amounts, formulas, or some other method of valuation that a prudent investor might reasonably apply to establish such rental amounts. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.036 - ROYALTIES

Current through August 31, 2023
01.
Royalty Payments
. The Lessee will cause to be paid to the Department royalties on the value of geothermal production from the leased premises. The royalty rate will be established by the Board based on the market value of the geothermal resources produced from the lands under lease. The royalties specified in geothermal leases will be fixed in any manner by the Board, including but not limited to competitive bidding, negotiation, fixed amounts, or formulas. Royalty rates may be adjusted through the term of the lease in order to keep pace with market values. When leases are issued, the following guidelines will be used for royalty rates not subject to competitive bidding: (3-18-22)
a. A royalty of between five percent (5%) and twenty percent (20%) of the amount or value of geothermal resources, or any other form of heat or energy excluding electrical power generation, derived from production under the lease and sold or utilized by the Lessee or reasonably susceptible to sale or utilization by the Lessee; (3-18-22)
b. A royalty of between two percent (2%) and fifteen percent (15%) of the amount or value of any associated by-product derived from production under the lease and sold or utilized or reasonably susceptible of sale or utilization by the Lessee, including commercially demineralized water. (3-18-22)
c. A royalty of between two percent (2%) and five percent (5%) of gross receipts for sale of electrical power. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.040 - SIZE OF A LEASABLE TRACT

Current through August 31, 2023
01.
Surface Area
. Geothermal leases are not limited in surface area. The Board will determine the surface area of a lease after consultation with other state agencies and prospective Lessees. The probable extent of a geothermal reservoir, the surface area needed for a viable project, and other relevant factors will be used to help determine lease surface area. (3-18-22)
02.
Navigable Water Courses
. Geothermal resources leases may be issued for state lands underlying navigable water courses in Idaho. Such lands are considered "state lands" and will be leased in accordance with these rules. Operations in the beds of navigable water courses will not be authorized except in necessary circumstances and then only with express written approval of the Board upon such conditions and security as the Department deems appropriate. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.050 - LAND SURFACE USE RIGHTS AND OBLIGATIONS

Current through August 31, 2023
01.
Use and Occupancy
. (3-18-22)
a. Lessee will be entitled to use and occupy only so much of the surface of the leased lands as may be required for all purposes reasonably incident to exploration for, drilling for, production and marketing or geothermal resources and associated by-products produced from the leased lands, including the right to construct and maintain thereon all works, buildings, plants, waterway, roads, communication lines, pipelines, reservoirs, tanks, pumping stations or other structures necessary to the full enjoyment and development thereof, consistent with a plan of operations and amendments thereto, as approved by the Department. (3-18-22)
b. Uses occurring on the leased area related to exploration, development, production, or marketing of geothermal resources and associated by-products produced from off-lease lands may require the Lessee to pay additional rent. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.054 - EXPLORATION UNDER THE LEASE

Current through August 31, 2023
01.
Diligent Exploration
. Lessees must perform diligent exploration and development activities in the first five (5) years of the initial lease term or as otherwise extended by lease provision. Diligent exploration includes seismic, gravity, and other geophysical surveys, geothermometry studies, drilling temperature gradient wells, or similar activities that seek to determine the presence or extent of geothermal resources. This exploration may occur off-lease if it is being done on the same geothermal field. Failure to perform diligent exploration as described may result in lease cancellation. (3-18-22)
02.
Casual Exploration
. At any time after formal approval by the Board of a lease application, Lessee may enter upon the leased lands for casual exploration or inspection without notice to the department. As an express condition of an application to lease and of the right of casual inspection without notice, Lessee agrees to the indemnity conditions provided in Section  102  of these rules without a formally executed lease. (3-18-22)
03.
Plan Required
. Lessee must submit a Research and Analysis Plan to the Department before any exploration using motorized equipment or before otherwise engaging in operations that may lead to an appreciable disturbance or damage to lands, timber, other resources, or improvements on or adjacent to the leased lands. The proposed activities may not start until the Department approves the plan and the applicable preconditions in Sections  100  and  101  of these rules have been satisfied. The plan of operations may be amended as needed with Department approval. The plan includes all items that the Department deems necessary or useful in managing the geothermal resources including, but not limited to, the following: (3-18-22)
a. A narrative statement describing the proposed measures to be taken for protection of the environment, including, but not limited to the prevention or control of: (3-18-22)
i. Fires; (3-18-22)
ii. Soil loss and erosion; (3-18-22)
iii. Pollution of surface and ground waters; (3-18-22)
iv. Damage to fish and wildlife or other natural resources; (3-18-22)
v. Air and noise pollution; and (3-18-22)
vi. Hazards to public health and safety during lease activities. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.055 - DEVELOPMENT AND PRODUCTION UNDER THE LEASE

Current through August 31, 2023
01.
Diligent Development of Lease and Production
. Lessee must develop the geothermal resources on their lease area and start production within the first ten (10) years of the initial lease term or as otherwise extended by lease provision. Development of the lease area requires wells to be drilled and other necessary infrastructure to be built. Production on the lease area means that geothermal fluids are being used and royalties are being paid to the state. Failure to develop the lease and start production as described may result in lease cancellation unless the Lessee applies to the Department for an extension and the extension is granted. (3-18-22)
02.
Best Practices
. All operations will conform to the best practice and engineering principles in use in the industry. Operations must be conducted in such a manner as to protect the natural resources on the leased lands, including without limitation geothermal resources, and to result in the maximum ultimate recovery of geothermal resources with a minimum of waste, and be consistent with the principles of the use of the land for other purposes and of the protection of the environment. Lessee must promptly remove from the leased lands or store, in an orderly manner, all scraps or other materials not in use and not reasonably incident to the operation. (3-18-22)
03.
Plans Required
. Prior to development, Lessee must submit a Development Plan, Operating Plan, and Decommissioning and Reclamation Plan for the leased lands. All plans must be approved by the Department, in writing, prior to Lessee beginning a phase of the lease in which those plans are performed or as otherwise required by the lease. All required plans must include all items that the Department deems necessary or useful in managing the geothermal resources, including, but not limited to, those items referred to in Paragraphs 054.03.a. and 054.03.b. of these rules. (3-18-22)
04.
Waste and Damage
. (3-18-22)
a. Lessee must take all reasonable precautions to prevent the following: (3-18-22)
i. Waste; (3-18-22)
ii. Damage to other natural resources; (3-18-22)
iii. Injury or damage to persons, real or personal property; and (3-18-22)
iv. Any environmental pollution or damages that may constitute a violation of state or federal laws. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.056 - WASTE PREVENTION, DRILLING AND PRODUCTION OBLIGATIONS

Current through August 31, 2023
01.
Waste
. All leases are subject to the condition that the Lessee will, in conducting his exploration, development and producing operations, use all reasonable precautions to prevent waste of geothermal resources and other natural resources found or developed in the leased lands. (3-18-22)
02.
Diligence
. The Lessee must, subject to the right to surrender the lease, diligently drill and produce, or unitize such wells as are necessary to protect the Board from loss by reason of production on other properties. (3-18-22)
03.
Prevention of Waste Through Reinjection
. Geothermal Lessees must return geothermal waters to the geothermal aquifer in a manner that supports geothermal development. (3-18-22)
04.
Additional Requirements
. The selection of the types and weights of drilling fluids and provisions for controlling fluid temperatures, blowout preventers and other surface control equipment and materials, casing and cementing programs, etc., to be used must be based on sound engineering principles and must take into account apparent geothermal gradients, depths and pressures of the various formations to be penetrated and other pertinent geologic and engineering data and information about the area. In addition, the Lessee must do the following: (3-18-22)
a. Take all necessary precautions to keep all wells under control at all times; (3-18-22)
b. Utilize trained and competent personnel; (3-18-22)
c. Utilize properly maintained equipment and materials; and (3-18-22)
d. Use operating practices that ensure the safety of life and property. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.060 - EXPLORATION AND OPERATION RECORDS, CONFIDENTIALITY

Current through August 31, 2023
01.
Drilling Records
. Lessee must keep or cause to be kept and filed with the IDWR such careful and accurate well drilling records as are now or may hereafter be required by that Department. Lessee must file with the Department such production records and exploration evidence as required by Sections  030,  036, and  055  of these rules, which records will be subject to inspection by the public at the offices of the Department during regular business hours under such conditions as the Department deems appropriate, subject, however, to exemptions from disclosure as set forth in Section  74107, Idaho Code. As an express condition of the lease, the Department may inspect and copy well drilling records filed with the IDWR at any time after the records are filed. (3-18-22)
02.
Continuing Obligations
. Unless Lessee is specifically released in writing by the Department of all or any portion of its obligations under the lease upon the assignment, surrender, termination or expiration of the lease, Lessee's obligations under this rule will continue beyond assignment, surrender, termination or expiration of the lease. Lessee must, within thirty (30) days after assignment, surrender, termination or expiration or such additional time as the Department may grant, file all outstanding data and records required by this rule with the Department. (3-18-22)
03.
Well Logs
. The confidentiality of well logs is limited to one year from well completion as stated in Section  42-4010(b), Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.065 - LESSEE'S RECORDS, RIGHT OF INSPECTION BY DEPARTMENT

Current through August 31, 2023
Lessee will permit the Department to examine during reasonable business hours all books, records and other documents and matters pertaining to operations under a lease, in Lessee's custody or control, and to make copies of and extracts therefrom. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.070 - WATER RIGHTS

Current through August 31, 2023
01.
Water Rights
. Lessee must comply with all applicable federal and state laws, rules and regulations regarding the appropriation of public waters of Idaho to beneficial uses. The establishment of any new water rights on state lands must be by and for the Lessor and no claim thereto may be made by the Lessee. Such water rights will attach to and become appurtenant to the state lands, and the Lessor will be the owner thereof. (3-18-22)
02.
Potable Water Discovery
. All leases issued under these rules will be subject to the condition that, where the Lessee finds only potable water of no commercial value as a geothermal resource in any well drilled for exploration or production of geothermal resources, and when the water is of such quality and quantity as to be valuable and usable for agricultural, domestic, or other purpose, the Board, or where appropriate, the surface Lessee, grantee or contract purchaser, will have the right to acquire the well with whatever casing is installed in the well at the fair market value of the casing, and upon the assumption of all future liabilities and responsibilities for the well, with the approval of the director of the IDWR. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.080 - OVERRIDING ROYALTY INTERESTS

Current through August 31, 2023
01.
Statements
. An overriding royalty interest, or any similar interest whereby an agreement is made to pay a percentage based on production, must be disclosed at the time of assignment or transfer by filing a statement of such interest with the Department. Assignees must meet the requirements of Section  021  of these rules. All assignments of overriding royalty interests without a working interest and otherwise not contemplated by Section  075  of these rules, must be filed with the Department within ninety (90) days from the date of execution. (3-18-22)
02.
Maximum Amount
. No overriding royalty on the production of geothermal resources created by an assignment contemplated by Section  075  of these rules or otherwise will exceed five percent (5%) nor will an overriding royalty, when added to overriding royalties previously created, exceed five percent (5%). (3-18-22)
03.
Conformance with Rules
. The creation of an overriding royalty interest that does not conform to the requirements of this rule is be deemed a violation of the lease terms, unless the agreement creating overriding royalties provides for a prorated reduction of all overriding royalties so that the aggregate rate of overriding royalties does not exceed five percent (5%). (3-18-22)
04.
Director's Authority
. In addition to the foregoing limitations, any agreement to create or any assignment creating royalties or payments out of production from the leased lands is subject to the authority of the Director, after notice and hearing, to require the proper parties thereto to suspend or modify such royalties or payments out of production in such manner as may be reasonable when and during such periods of time as they may constitute an undue economic burden upon the reasonable operations of such lease. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.095 - SURRENDER, TERMINATION, EXPIRATION OF LEASE

Current through August 31, 2023
01.
Procedure
. A lease, or any surveyed subdivision of the area covered by such lease, may be surrendered by the record title holder by filing a written relinquishment in the office of the Department, on a form furnished by the Department, provided that a partial relinquishment does not reduce the remaining acreage in the lease to less than forty (40) acres. The minimum acreage provision of this section may be waived by the Department where the Department finds such exception is justified on the basis of exploratory and development data derived from activity on the leasehold. The relinquishment must: (3-18-22)
a. Describe the lands to be relinquished; (3-18-22)
b. Include a statement as to whether the relinquished lands had been disturbed and, if so, whether they were restored as prescribed by the terms of the lease; and (3-18-22)
c. State whether wells had been drilled on the lands and, if so, whether they have been plugged and abandoned pursuant to the rules of the IDWR. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.100 - BOND REQUIREMENTS

Current through August 31, 2023
01.
Minimum Bond
. Prior to initiation of operations using motorized earth-moving equipment Lessee must furnish a bond. This bond will be in favor of the state of Idaho, conditioned on the payment of all damages to the land surface and all improvements thereon, including without limitation crops on the lands, whether or not the lands under this lease have been sold or leased by the Board for any other purpose; conditioned also upon compliance by Lessee of his obligations under this lease and these rules. The Department may require a new bond in a greater amount at any time after operations have begun, upon a finding that such action is reasonably necessary to protect state resources. (3-18-22)
02.
Statewide Bond
. In lieu of the aforementioned bonds, Lessee may furnish a good and sufficient "statewide" bond conditioned as in Subsection  100.01. This bond will cover all Lessee's leases and operations carried on under all geothermal resource leases issued and outstanding to Lessee by the Board at any given time during the period when the "statewide" bond is in effect. The amount of such bond will be equal to the total of the requirements of the separate bonds being combined into a single bond. (3-18-22)
03.
Period of Liability
. The period of liability of any bond will not be terminated until all lease terms and conditions have been fulfilled and the bond is released in writing by the Department. (3-18-22)
04.
Operator Bond
. In the event suit is filed to enforce the terms of any bond furnished by an operator in which the Lessee (if a different person) is not a named party, the Department may, in its sole discretion, join the Lessee as a party to such suit. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.101 - LIABILITY INSURANCE

Current through August 31, 2023
01.
Liability Insurance Required
. The Department will require the Lessee to purchase and maintain suitable insurance for the duration of the lease prior to entry upon the leased lands for other than casual exploration or inspection as contemplated by Subsection  054.02  of these rules. (3-18-22)
02.
Insurance Certificate Required
. No work under this lease will commence prior to the Department's receipt of a certificate, signed by a licensed insurance agent, evidencing existence of insurance as required above. Further, such certificate must reflect that no change or cancellation in such coverage will become effective until after the Department receives written notice of such change or cancellation. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.105 - TITLE

Current through August 31, 2023
The state of Idaho does not warrant title to the leased lands or the geothermal resources and associated by-products that may be discovered thereon; the lease is issued only under such title as the state of Idaho may have as of the effective date of the lease or thereafter acquire. If the interest owned by the state in the leased lands includes less than the entire interest in the geothermal resources and associated by-products for which royalty is payable, then the royalties provided for in the lease will be paid to the state only in the proportion that its interest bears to said whole and undivided interest in said geothermal resources and associated by-products for which royalty is payable; provided, however, that the state is not liable for any damages sustained by the Lessee, nor is the Lessee entitled to or may claim any refund of rentals or royalties therefore paid to the state in the event that the state does not own title to said geothermal resources and associated by-products, or if its title thereto is less than whole and entire. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.111 - TAXES

Current through August 31, 2023
Lessee must pay, when due, all taxes and assessments of any kind lawfully assessed and levied against Lessee's interests or operations under the laws of the state of Idaho. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.112 - RENTAL NOTICES

Current through August 31, 2023
Advance notice of rental due is usually sent to the Lessee by the Department, but failure to receive such notices does not act to relieve the Lessee from the payment of the rental and the lease will be in default if such payment is not made as provided in these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.113 - OUTSTANDING LEASES

Current through August 31, 2023
No right to seek, obtain or use geothermal resources has passed or will pass with any existing or future license, permit or lease of state lands, including without limitation, mineral leases and oil and gas development leases, except upon the issuance of a geothermal resources lease. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.120 - FEES

Current through August 31, 2023
The following fees apply: (3-18-22)
01.
Non-Refundable Application Fee for Lease
. Two hundred fifty dollars ($250) per application. (3-18-22)
02.
Application Fee for Approval of Assignment
. One hundred fifty dollars ($150) per lease involved in the assignment. (3-18-22)
03.
Late Payment Fee
. The greater of the following: (3-18-22)
a. Twenty-five dollars ($25); or (3-18-22)
b. One percent (1%) per month (or portion thereof) on the unpaid balance. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.000 - LEGAL AUTHORITY

Current through August 31, 2023
This Chapter is adopted under the legal authorities of Sections  58-104(1),  58-104(6),  58-104(9),  58-105, and  58-127, Idaho Code; Section  58-307, Idaho Code; Title 47, Chapter 7, Idaho Code; Title 47, Chapter 8, Idaho Code; and Title 67, Chapter 52, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 20.03.16, "Rules Governing Oil and Gas Leasing on ldaho State Lands." (3-18-22)
02.
Scope
. These rules apply to the exploration and extraction of oil and gas resources situated in state-owned mineral lands. (3-18-22)
03.
Other Laws
. In addition to these rules, the lessee must comply with all applicable federal, state and local laws, rules and regulations. The violation of any applicable law, rule or regulation constitutes a breach of any lease issued in accordance with these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
01.
Appeal to Board
. All decisions of the Director are appealable to the Board. An aggrieved party desiring to take such an appeal must, within thirty (30) days after notice of the Director's decision, file with the Director a written notice of appeal setting forth the basis for the appeal. (3-18-22)
02.
Hearing
. The Board will hear the appeal at the earliest practical time or in its discretion appoint a hearing officer to hear the appeal, within sixty (60) days after filing of the notice of appeal. The hearing officer will make findings and conclusions that the Board may accept, reject or modify. The decision of the Board after hearing or upon a ruling concerning the hearing officer's findings and conclusions is final. (3-18-22)
03.
Judicial Review
. Judicial review of the final decision of the Board will be in accord with the Administrative Procedure Act, Title 67, Chapter 52, ldaho Code, by filing a petition in the district court in Ada County, or the county where the Board heard the appeal and made its final decision, within thirty (30) days after notice of the Board's decision. Service of the Board's decision may be by personal service or by certified mail to the lessee. (3-18-22)