2006 Legislation
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HOUSE BILL NO. 641 – Reclamation fund, use

HOUSE BILL NO. 641

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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 / Fiscal Impact



                       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