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H0641.........................................by RESOURCES AND CONSERVATION RECLAMATION FUND - Amends existing law to provide that any moneys an operation has paid into the reclamation fund shall be credited against the cost of reclamation on affected lands for which the operation is responsible; and to provide that if the cost of the reclamation does not exceed the amount of moneys the operator has contributed to the fund, the operator shall be refunded the difference. 02/10 House intro - 1st rdg - to printing 02/13 Rpt prt - to Res/Con
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 641 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO MINING AND THE RECLAMATION FUND; AMENDING SECTION 47-1803, IDAHO 3 CODE, TO PROVIDE THAT ANY MONEYS AN OPERATOR HAS PAID INTO THE RECLAMATION 4 FUND SHALL BE CREDITED AGAINST THE COST OF RECLAMATION ON AFFECTED LANDS 5 FOR WHICH THE OPERATOR IS RESPONSIBLE AND TO PROVIDE THAT IF THE COST OF 6 THE RECLAMATION DOES NOT EXCEED THE AMOUNT OF MONEYS THE OPERATOR HAS CON- 7 TRIBUTED TO THE FUND, THE OPERATOR SHALL BE REFUNDED THE DIFFERENCE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 47-1803, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 47-1803. RECLAMATION FUND CREATED -- FINANCIAL ASSURANCE. (1) The state 12 treasurer shall be the custodian of an interest-bearing, dedicated fund known 13 as the "Reclamation Fund" which is hereby created. The reclamation fund shall 14 be funded by payments from applicable parties, interest and cost recoveries 15 initiated by the state board of land commissioners. All payments, interest and 16 cost recoveries shall be established by the state board of land commissioners. 17 (2) An operator's commitment to reclaim affected lands and operator's 18 payments to the reclamation fund shall be documented on a department of lands 19 form requiring that the operator shall faithfully perform the requirements of 20 the approved plan and comply with all administrative rules and policy govern- 21 ing the operation. Any moneys an operator has paid into the reclamation fund 22 shall be credited against the cost of reclamation on affected lands for which 23 the operator is responsible. If the cost of the reclamation does not exceed 24 the amount of moneys the operator has contributed to the fund, the operator 25 shall be refunded the difference. 26 (3) Moneys accruing to or received by the fund shall be expended by the 27 department of lands, after approval by the state board of land commissioners 28 and upon legislative appropriation, for reclamation of mines subject to the 29 provisions of this chapter. Moneys in excess of those needed for reclamation 30 liabilities and any payment back to an operator as provided in subsection (1) 31 of this section, shall be utilized, after approval of the state board of land 32 commissioners, for mine administration, abandoned mine land reclamation or 33 educational purposes. The state board of land commissioners shall adopt policy 34 to determine an appropriate minimum balance to be maintained in the reclama- 35 tion fund for reclamation liabilities.
STATEMENT OF PURPOSE RS 15895 This legislation insures that small surface mining operations will receive proper credit for moneys contributed to the Reclamation Fund and require refund of an unused balance when reclamation is complete. FISCAL NOTE None. Contact Name: Rep. Tom Loertscher Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 641