Idaho Administrative Code
Title IDAPA 20 - Lands, Department of
Rule 20.03.03 - RULES GOVERNING ADMINISTRATION OF THE RECLAMATION FUND
Section 20.03.03.010 - DEFINITIONS
Current through August 31, 2023
Except as provided in these rules, the Board adopts the definitions set forth in the Mineral Leasing Act, the Dredge Mining Act, and the Mined Land Reclamation Act. As used in these rules: (3-18-22)
01. Actual Allowable Cost. The allowable total reclamation cost as set by the Board to allow participation in the Reclamation Fund. (3-18-22)
02. Actual Allowable Disturbance. The area of disturbed acres or affected land as set by the Board to allow participation in the Reclamation Fund. (3-18-22)
03. Board. The Idaho State Board of Land Commissioners or its authorized representative. (3-18-22)
04. Department. The Idaho Department of Lands. (3-18-22)
05. Disturbed Acres; Affected Lands. Any land, natural watercourses, or existing stockpiles or waste piles affected by placer or dredge mining, remining, exploration, stockpiling of ore, waste from placer or dredge mining, or construction of roads, settling ponds, structures, or facilities appurtenant to a placer or dredge mine. The land area included in overburden disposal areas, mined areas, mineral stockpiles, roads, tailings ponds, and other areas disturbed at a mine. The land area disturbed by motorized exploration of state land under a mineral lease. (3-18-22)
06. Dredge Mining Act. Title 47, Chapter 13, Idaho Code, and IDAPA 20.03.01, "Dredge and Placer Mining Operations in Idaho." (3-18-22)
07. Financial Assurance. Cash, corporate surety bond, collateral bond, or letter of credit as described in the Dredge Mining Act, the Mineral Leasing Act, or a mineral lease. Financial assurance as defined in the Mined Land Reclamation Act. (3-18-22)
08. Mine; Mine Panel. All areas designated by the operator on the map or plan submitted pursuant to Section 47-703A, Idaho Code, or Section 47-1506, Idaho Code, or as an identifiable portion of a placer or dredge mine on the map submitted under Section 47-1317, Idaho Code. (3-18-22)
09. Mined Land Reclamation Act. Title 47, Chapter 15, Idaho Code, and IDAPA 20.03.02, "Rules Governing Mined Land Reclamation." (3-18-22)
10. Mineral Lease. Lease executed by the Board and the mineral lessee pursuant to the Mineral Leasing Act. (3-18-22)
11. Mineral Lessee. The lessee of a mineral lease. (3-18-22)
12. Mineral Leasing Act. Title 47, Chapter 7, Idaho Code. (3-18-22)
13. Mining Reclamation Plan. Any reclamation plan approved pursuant to the Mined Land Reclamation Act. (3-18-22)
14. Motorized Exploration. Exploration which may appreciably disturb or damage the land or resources thereon. Motorized exploration includes, but is not limited to, drilling, trenching, dredging, or other techniques which employ the use of earth moving equipment, seismic operations using explosives, and includes sampling with a suction dredge having an intake diameter greater than two (2) inches when operated in a perennial stream. When operated in an intermittent stream, suction dredges shall be considered motorized exploration regardless of intake size. (3-18-22)
15. Operator. Any person or entity authorized to conduct business in Idaho, partnership, joint venture, or public or governmental agency required to have any reclamation plan under the Mined Land Reclamation Act or the Mineral Leasing Act, or a permit under the Dredge Mining Act, whether individually or jointly through subsidiaries, agents, employees, or contractors. (3-18-22)
16. Permit. Dredge or placer mining permit issued pursuant to the Dredge Mining Act. (3-18-22)
17. Reclamation Fund. The interest-bearing dedicated fund authorized pursuant to the Reclamation Fund Act. (3-18-22)
18. Reclamation Fund Act. Title 47, Chapter 18, Idaho Code, and IDAPA 20.03.03, "Rules Governing Administration of the Reclamation Fund." (3-18-22)
