TITLE 47

MINES AND MINING

CHAPTER 15

MINED LAND RECLAMATION

47-1505.  Duties and powers of board. In addition to the other duties and powers of the board prescribed by law, the board is granted and shall be entitled to exercise the following authority and powers and perform the following duties:

(1)  To administer and enforce the provisions of this chapter and the rules and orders promulgated thereunder as provided in this chapter.

(2)  To conduct and promote the coordination and acceleration of research, studies, surveys, experiments, demonstrations and training in carrying out the provisions of this chapter. In carrying out the activities authorized by this section, the board may enter into contracts with and make grants to institutions, agencies, organizations and individuals and shall collect and make available any information obtained therefrom.

(3)  To adopt and promulgate reasonable rules respecting the administration of this chapter and such rules as may be necessary to carry out the intent and purposes of this chapter, provided that no rules shall be adopted that require reclamation activities in addition to those set forth in this chapter. All such rules shall be adopted in accordance with and subject to the provisions of chapter 52, title 67, Idaho Code.

(4)  To enter upon affected lands at all reasonable times, for the purpose of inspection, to determine whether the provisions of this chapter have been complied with. Such inspections shall be conducted in the presence of the operator or his duly authorized employees or representatives, and the operator shall make such persons available for the purpose of inspections.

(5)  To reclaim affected land with respect to which financial assurance has been forfeited and, in the board’s discretion, with the permission of the landowner, to reclaim such other land that becomes affected land.

(6)  To complete closure activities with respect to a cyanidation facility for which a permanent closure financial assurance has been forfeited.

(7)  (a) Upon receipt of a reclamation plan or permanent closure plan or amended or supplemental plan required by this chapter, the director shall notify the cities and counties in which the mining operation or cyanidation facility is proposed. The notice shall include the name and address of the operator and shall describe the procedure and the schedule by which the plan may be approved or denied. This notification requirement shall not apply to exploration operations.

(b)  Cities and counties may review the nonconfidential portions of the plan at the department’s office and may provide comments to the director concerning the plan. Nothing in this section shall extend the time limit for the board to deliver to the operator a notice of rejection or approval of the plan or affect the confidentiality provisions of section 47-1515, Idaho Code.

(c)  No city or county shall enact or adopt any ordinance, rule or resolution to regulate exploration or mining operations or a permanent closure plan in this state that conflicts with any provision of this chapter or the rules promulgated thereunder. This subpart shall not affect the planning and zoning authorities available to cities and counties pursuant to chapter 65, title 67, Idaho Code.

History:

[47-1505, added 1971, ch. 206, sec. 5, p. 898; am. 1988, ch. 223, sec. 1, p. 425; am. 1993, ch. 216, sec. 46, p. 629; am. 1995, ch. 364, sec. 1, p. 1275; am. 2005, ch. 167, sec. 6, p. 514; am. 2019, ch. 226, sec. 5, p. 696.]