TITLE 47

MINES AND MINING

CHAPTER 17

IDAHO ABANDONED MINE RECLAMATION ACT

47-1703.  Funding. (1) This chapter shall govern the use of state and federal moneys specifically appropriated for abandoned mine reclamation. This chapter shall not require the state to expend or appropriate state moneys. The board may receive federal funds, state funds, and any other funds, including voluntary contributions, and, within the limits imposed by a specific grant, expend them as directed by this chapter. All grants, funds, fees, fines, penalties, and other uncleared money that has been or will be paid to the state for abandoned mine reclamation shall be placed in the state treasury and credited to the abandoned mine reclamation fund, which is hereby created. This fund shall be available to the board, by legislative appropriation, and shall be expended for the reclamation of lands affected by eligible mining operations.

(2)  At least ninety percent (90%) of all reclamation funds expended annually shall be spent on expenses directly incurred for eligible mine site engineering and on-site restoration plan implementation and on compensation for services paid pursuant to section 47-1709, Idaho Code.

(3)  Voluntary contributions shall be designated for eligible mine restoration and:

(a)  Shall be considered as mitigation to meet or partially meet environmental mitigation requirements set by state agencies for constructing, expanding, or operating a mine; and

(b)  May be considered as mitigation to meet or partially meet environmental mitigation requirements set by federal agencies for constructing, expanding, or operating a mine.

History:

[47-1703, added 1994, ch. 220, sec. 1, p. 703; am. 1999, ch. 44, sec. 5, p. 106; am. 2006, ch. 37, sec. 2, p. 104; am. 2025, ch. 79, sec. 2, p. 357.]