Print Friendly HOUSE BILL NO. 641 – Reclamation fund, use
HOUSE BILL NO. 641
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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 - 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
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.
Name: Rep. Tom Loertscher
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 641