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20-0000-2000F) Dear Senators HEIDER, Brackett, Stennett, and Representatives GIBBS, Gestrin, Rubel: The Legislative Services Office, Research and Legislation, has received the enclosed rules of the Idaho Department of Lands: IDAPA 20.00.00 - Notice of Omnibus Rulemaking (Fee Rule) - Proposed Rule (Docket No. 20-0000-2000F). Pursuant to Section 67-454, Idaho Code, a meeting on the enclosed rules may be called by the cochairmen or by two (2) or more members of the subcommittee giving oral or written notice to Research and Legislation no later than fourteen (14) days after receipt of the rules' analysis from Legislative Services. The final date to call a meeting on the enclosed rules is no later than 10/30/2020. If a meeting is called, the subcommittee must hold the meeting within forty-two (42) days of receipt of the rules' analysis from Legislative Services. The final date to hold a meeting on the enclosed rules is 11/27/2020. The germane joint subcommittee may request a statement of economic impact with respect to a proposed rule by notifying Research and Legislation. There is no time limit on requesting this statement, and it may be requested whether or not a meeting on the proposed rule is called or after a meeting has been held. To notify Research and Legislation, call 334-4854, or send a written request to the address on the memorandum attached below. Page 1 of 1 MEMORANDUM TO: Rules Review Subcommittee of the Senate Resources & Environment Committee and the House Resources & Conservation Committee FROM: Deputy Division Manager - Katharine Gerrity DATE: October 13, 2020 SUBJECT: Idaho Department of Lands IDAPA 20.00.00 - Notice of Omnibus Rulemaking (Fee Rule) - Proposed Rule (Docket No. 20-0000- 2000F) Summary and Stated Reasons for the Rule The Idaho Department of Lands submits notice of proposed fee rule. According to the department, the rulemaking republishes the following temporary rule chapters that were previously submitted: IDAPA 20 • 20.02.14, Rules for Selling Forest Products on State-Owned Endowment Lands; • 20.03.01, Rules Governing Dredge and Placer Mining Operations in Idaho; • 20.03.02, Rules Governing Mined Land Reclamation (as noted from above); • 20.03.03, Rules Governing Administration of the Reclamation Fund; • 20.03.04, Rules for the Regulation of Beds, Waters, and Airspace Over Navigable Lakes in the State of Idaho; • 20.03.05, Riverbed Mineral Leasing in Idaho; • 20.03.08, Easements on State Owned Lands; • 20.03.09, Easements on State Owned Submerged Lands and Formerly Submerged Lands; • 20.03.13, Administration of Cottage Site Leases on State Lands; • 20.03.14, Rules Governing Grazing, Farming, Conservation, Noncommercial Recreation, and Communication Site Leases; • 20.03.15, Rules Governing Geothermal Leasing on Idaho State Lands; • 20.03.16, Rules Governing Oil and Gas Leasing on Idaho State Lands; • 20.03.17, Rules Governing Leases on State-Owned Submerged Lands and Formerly Submerged Lands; • 20.04.02, Rules Pertaining to the Idaho Forestry Act and Fire Hazard Reduction Laws; • 20.06.01, Rules of the Idaho Board of Scaling Practices; • In this proposed rulemaking, the Idaho Board of Scaling Practices re-publishes the existing temporary rule previously submitted to and reviewed by the Idaho Legislature. • 20.07.02, Rules Governing Conservation of Oil and Natural Gas in the State of Idaho Kristin Ford, Manager Paul Headlee, Manager April Renfro, Manager Glenn Harris, Manager Research & Legislation Budget & Policy Analysis Legislative Audits Information Technology Statehouse, P.O. Box 83720 Tel: 208–334–2475 Boise, Idaho 83720–0054 www.legislature.idaho.gov • In this proposed rulemaking, the Oil and Gas Conservation Commission re-publishes the existing tem- porary rule previously submitted to and reviewed by the Idaho Legislature. The department also states that in regard to IDAPA 20.03.02, Rules Governing Mined Land Reclamation, with the passing of HB 141 during the 2019 legislative session, the department began the negotiated rulemaking process for IDAPA 20.03.02, Rules Governing Mined Land Reclamation (previous chapter title: Rules Govern- ing Exploration, Surface Mining, and Closure of Cyanidation Facilities). A temporary rule was approved prior to August 1, 2019 as required by HB 141, and additional negotiation (from August through November 2019 un- der Docket Number 20-0302-1901 and from May through August 2020 under Docket Number 20-0302-2001) was needed to reach consensus on a proposed rule. According to the department, the proposed rulemaking in- corporates the following changes into IDAPA 20.03.02, Rules Governing Mined Land Reclamation: including surface impacts of underground mines, setting fees for reclamation plans, incorporating water treatment and post-closure activities in reclamation plans as needed, requiring that all reclamation tasks in a plan be completed and covered by financial assurance, estimating actual cost of reclamation and post-closure activities, expanding the types of financial assurance, and reviewing every plan at least once every five years. With the exception of IDAPA 20.03.02, Rules Governing Mined Land Reclamation, the department states that the fee rules do not impose a fee or charge, or increase a fee or charge, beyond what was previously sub- mitted to and reviewed by the Legislature in the prior rules. In regard to IDAPA 20.03.02, Rules Governing Mined Land Reclamation, the department indicates: "HB 141 passed during the 2019 legislative session and authorized application fees for reclamation plans. Fees were implemented through a temporary rule prior to August 1, 2019 as required by HB 141. The temporary rule was extended to allow time for more negotiation toward a proposed rule. The base fees in the 2019 temporary rule have not changed, but the proposed rule allows additional application fees to be charged if an application processed under Section 069 of the rules is incomplete and increases the length of the review past 20 hours of staff time. For applications processed under Section 070 of the rules, a cost recovery agreement may be entered into instead of submitting the base application fee. The proposed fees reflect cost recovery for IDL administrative costs associated with the review and approval of new plans and amended existing plans that are reviewed within the required five-year period. The proposed fees align with fees charged by other mineral- producing states in the western United States for reclamation plan review, approval, and amendments. The fees are estimated to generate annual revenue of approximately $27,000 and will be placed into a dedicated account authorized under Idaho Code § 47-1513(f)(1). These funds are expected to offset additional IDL expenses anticipated with implementation of the five-year plan review process and increase in plan inspections..." Negotiated Rulemaking/Fiscal Impact With the exception of IDAPA 20.03.02, Rules Governing Mined Land Reclamation, the department notes that negotiated rulemaking was not conducted because engaging in negotiated rulemaking for all previously existing rules would inhibit the agency from carrying out its ability to protect health, safety, and welfare. Ne- gotiated rulemaking was conducted for IDAPA 20.03.02, Rules Governing Mined Land Reclamation. The department also confirms that the rulemaking is not anticipated to have any fiscal impact on the general fund. Statutory Authority The rulemaking appears to be authorized pursuant to Sections 38-132 and 38-402, Idaho Code; Chapter 12, Title 38, including Section 38-1208, Idaho Code; Chapters 3, 7, 8, 13, 15, 16 and 18, Title 47, including Sections 47-314(8), 47-315(8), 47- 328(1), 47-710, 47-714, and 47-1316, Idaho Code; and Chapters 1, 3, 6, 12 and 13, including Sections 58-104, 58-105, 58-127, and 58-304 through 58-312, Title 58, Idaho Code; Chapter 52, Title 67, Idaho Code. Page 2 of 3 cc: Idaho Department of Lands Amy Johnson *** PLEASE NOTE *** Per the Idaho Constitution, all administrative rules may be reviewed by the Legislature during the next legisla- tive session. The Legislature has 3 options with this rulemaking docket: 1) Approve the docket in its entirety; 2) Reject the docket in its entirety; or 3) Reject the docket in part. Page 3 of 3 IDAPA 20 – IDAHO DEPARTMENT OF LANDS DOCKET NO. 20-0000-2000F (FEE RULE) NOTICE OF OMNIBUS RULEMAKING – PROPOSED RULE AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has initiated proposed rulemaking procedures. The action is authorized pursuant to: • Sections 38-132 and 38-402, Idaho Code; • Title 38, Chapter 12, including Section 38-1208, Idaho Code; • Title 47, Chapters 3, 7, 8, 13, 15, 16 and 18, including Sections 47-314(8), 47-315(8), 47- 328(1), 47-710, 47-714, and 47-1316, Idaho Code; • Title 58, Chapters 1, 3, 6, 12 and 13, including Sections 58-104, 58-105, 58-127, and 58-304 through 58-312, Idaho Code; • Title 67, Chapter 52, Idaho Code; • Article IX, Sections 7 and 8 of the Idaho Constitution; and • The Equal Footing Doctrine (Idaho Admission Act of July 3, 1890, 26 Stat. 215, Chapter 656). PUBLIC HEARING SCHEDULE: A public hearing concerning this rulemaking will be held as follows: PUBLIC HEARING Wednesday, September 30, 2020 9:00 a.m. - 10:30 a.m. (MDT) Joe R. Williams Building East Conference Room 700 W. State Street Boise, ID 83702 Or Join the Public Hearing via Teleconference or Web Conference: Attend via Zoom web conference: Visit https://idl.zoom.us/j/ 99125556496?pwd=WmwrQXczcmUyc0VLb2VvS1puNVdFUT09 Meeting ID: 991 2555 6496 Passcode: 104469 Watch via Facebook Live: Visit https://www.facebook.com/IdahoDepartmentofLands Attend via telephone: Dial in using any of the following numbers and enter meeting ID “991 2555 6496” and passcode: “104469” (253) 215 8782 (346) 248 7799 (408) 638 0968 (669) 900 6833 (646) 876 9923 (301) 715 8592 (312) 626 6799 The first hour of the hearing will be dedicated to public comment on the proposed rule for IDAPA 20.03.02, Rules Governing Mined Land Reclamation (9:00 to 10:00 a.m.
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