Title 47 — MINES AND MINING

47-1204. Statement as to entire group. Where the same person or persons are operating or leasing to another two (2) or more mines or mining claims under one (1) general system of mining or development, a duplicate copy of the statement herein provided, and the tax herein levied, …

47-1205. Definition of valuable mineral. The term "valuable mineral" for purposes of this act, shall be deemed to include not only gold, silver, copper, lead, zinc, coal, phosphate and limestone, but also any other substance not gaseous or liquid in its natural state, which makes…

47-1206. Payment of mine license tax. (1) Except as provided in subsection (2), the license tax imposed by this chapter shall be paid to the state tax commission on or before the due date of the return and the commission shall remit the sums to the state treasurer, who shall plac…

47-1208. Tax deficiency collection and enforcement procedures. The deficiency in tax and notice of deficiency as well as the collection and enforcement procedures provided by the Idaho income tax act, sections 63-3030A, 63-3033, 63-3038, 63-3039, 63-3040, 63-3042 through 63-3065A…

47-1312. Policy. It is hereby declared to be the policy of the state of Idaho to protect the lands, streams and watercourses within the state, from destruction by dredge mining and by placer mining, and to preserve the same for the enjoyment, use and benefit of all of the people,…

47-1313. Definitions. As used in this chapter: (a) "Board" means the state board of land commissioners or such representative as may be designated by the board. (b) "Director" means the director of the department of lands or such representative as may be designated by the directo…

47-1314. Disturbed lands to be restored — Notice and restoration of placer or dredge exploration operations. (a) Any person conducting a placer or dredge mining operation shall, within one (1) year of permanent cessation of operations as to the whole or any part of the permit are…

47-1315. Water clarification. Where any person conducts a placer or dredge mining operation where the water used in such mining process flows in, or into a natural watercourse, such person shall construct and use settling ponds of sufficient capacity and character and/or install …

47-1316. Administrative agency. The Idaho state board of land commissioners is hereby designated the administrative agency of this act and shall have the power and duty to adopt rules and regulations for its administration in accordance with the intent and purposes thereof, and t…

47-1317. Application, permit and bond required. (a) Before any person may conduct a placer or dredge mining operation on lands or natural watercourses in the state of Idaho, such person shall file with the director an application for a permit upon a form provided by the director,…

47-1318. Termination of permits — Hearing. Without in any manner affecting the penal and injunctive provisions of this act the Idaho state board of land commissioners is empowered to commence proceedings to terminate any permit to conduct dredge or other placer mining operations …

47-1319. Bond forfeiture on default. (a) The surety bond required by this act to be given by a permittee for dredge or other placer mining purposes under permit shall be exonerated and discharged upon the completion or termination of such mining operation as specified in the perm…

47-1320. Hearing procedures and appeals. (a) Process and procedure under this act shall be as summary and simple as reasonably may be and as far as possible in accordance with the rules of equity. Such proceedings shall be governed by the provisions of chapter 52, title 67, Idaho…

47-1322. Title. This act may be cited as the "Idaho Dredge and Placer Mining Protection Act."

47-1323. Dredge mining of water bodies making up the national wild and scenic rivers system prohibited. Dredge mining in any form shall be prohibited on: (1) The middle fork of the Clearwater river, from the town of Kooskia upstream to the town of Lowell; the Lochsa river from it…

47-1324. Enforcement and penalties for violation. (a) The board may maintain an action in the name of the state of Idaho to enjoin any person from operating or maintaining a placer or dredge mining operation without holding a valid permit or bond as provided in this act or regula…

47-1401. Lease for exploration and development authorized. The governing body of any county, city, town, village, school district or other municipal corporation or political subdivision of the state of Idaho authorized to acquire and hold real property may, upon determining that …

47-1402. Cooperative or unit development. Any such governing body may, by such lease or contract, or by other agreement, include, or provide for the inclusion of, any such interest with other interests in any plan or agreement for cooperative or unit development or operation for …

47-1403. Rules for issuing lease — Term — Royalty. Any such governing body may, in its discretion, make and establish such rules and regulations governing the issuance of such leases and contracts as are not inconsistent with provisions of this act. Any such lease or contract (1)…

47-1501. Purpose of chapter. It is the purpose of this chapter to provide for the protection of the public health, safety and welfare through measures to reclaim the surface of all the lands within the state disturbed by exploration and surface and underground mining operations a…

47-1502. Short title. This act shall be known and may be cited as the "Idaho mined land reclamation act." The reclamation provisions of this act shall not apply to mining operations regulated by the Idaho dredge and placer mining protection act, nor shall such provisions apply to…

47-1503. Definitions. Wherever used or referred to in this chapter, unless a different meaning clearly appears from the context: (1) "Board" means the state board of land commissioners or such department, commission, or agency as may lawfully succeed to the powers and duties of s…

47-1504. Board of land commissioners — Responsibility. The state board of land commissioners is charged with the responsibility of administering this act in accordance with the purpose of the act and the intent of the legislature. The director of the department of lands shall, up…

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…

47-1506. Operator — Duties prior to operation — Submission of maps and plans. (a) Any operator desiring to conduct mining operations within the state of Idaho for the purpose of immediate or ultimate sale of the minerals in either the natural or processed state shall submit to th…

47-1507. Plan — Approval or rejection by board — Hearing. (a) Upon determination by the board that a reclamation or permanent closure plan or any amended plan submitted by an operator meets the requirements of this chapter, the board shall deliver to the operator, in writing, a n…

47-1508. Amended plan — Supplemental plan — Submission. (a) In the event that a material change in circumstances arises that the operator, or the board, believes requires a change in an approved plan, including any amended plan, then the operator shall submit to the board a suppl…

47-1509. Procedures in reclamation. (a) Except as otherwise provided in this act, every operator who conducts exploration or mining operations that disturb two (2) or more acres within the state of Idaho shall perform the following reclamation activities: (1) Ridges of overburden…

47-1510. Vegetation planting. (a) Except as otherwise provided in this act, an operator shall plant, on affected lands, vegetation species that can be expected to result in vegetation comparable to the vegetation that was growing on the area occupied by the affected lands prior t…

47-1511. Reclamation activities — Time limitations. (a) All reclamation activities required to be conducted under this act shall be performed in a good and workmanlike manner, with all reasonable diligence, and as to a given exploration drill hole, road or trench, within one (1) …

47-1512. financial assurance — Requisites. (a) Prior to conducting any mining operations on a mine panel covered by an approved reclamation plan or operating a cyanidation facility covered by an approved permanent closure plan, an operator shall submit to the board financial assu…

47-1513. Operator’s failure to comply — Forfeiture of financial assurance — Penalties — Reclamation fund — Cyanidation closure fund. (a) Whenever the board determines that an operator has not complied with the provisions of this chapter, the board may notify the operator of such …

47-1514. Appeal from final order — Procedure. (a) Any operator dissatisfied with any final order of the board made pursuant to this chapter may, within sixty (60) days after notice of such order, obtain judicial review thereof by appealing to the district court of the state of Id…

47-1515. Information. Any information supplied by an operator to the board, the director, or the department of lands, and designated by such operator as confidential, shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

47-1516. Deposit of forfeitures and damages. All forfeitures and civil damages collected under the provisions of this act shall be deposited with the state treasurer in a special fund to be used by the board for mined land reclamation purposes.

47-1517. Conduct of activities. (a) An operator shall conduct all exploration and mining operations in accordance with all applicable statutes and regulations pertaining to water use and mining safety applicable to exploration and mining operations. (b) An operator desiring to op…

47-1518. Effective date — Application of chapter. (a) The reclamation provisions of this chapter shall be in full force and effect on and after May 31, 1971. A surface mine operator shall not be required to perform the reclamation activities referred to in this chapter as to any …

47-1519. Application of chapter to mineral extraction for public highway purposes. Notwithstanding any other provision of law to the contrary, the bonding provisions of this chapter shall not apply to any surface mining operations conducted by a public or governmental agency for …

47-1601. Geothermal resources — Land leases — Authorization. The state board of land commissioners is hereby authorized and empowered to issue geothermal resource leases for terms of up to forty-nine (49) years on any state or school lands which may contain geothermal resources, …

47-1602. "Geothermal resources" defined. For the purposes of this chapter, "geothermal resources" shall mean the natural heat energy of the earth, the energy, in whatever form, which may be found in any position and at any depth below the surface of the earth present in, resultin…

47-1603. Rules and regulations. The state board of land commissioners is hereby authorized and empowered to adopt such rules and regulations governing the issuance of geothermal resource leases and governing the conduct of any operations thereunder.

47-1604. leased area. The surface area covered by a geothermal lease issued pursuant to this chapter shall be determined by the state board of land commissioners.

47-1605. Leases — Rental and royalty. (1) Geothermal resources leases shall be issued at an annual rental of not less than twenty-five cents (25¢) per acre, payable in advance. The rental specified in geothermal leases shall be fixed in any manner by the state board of land commi…

47-1606. Leases — Purposes for which land used. The state board of land commissioners shall have the right to lease state or school lands for grazing, agricultural, or other purposes, as may be otherwise provided by law, and to issue geothermal resource leases covering lands leas…

47-1607. Leases — Assignment or transfer — Restrictions. No geothermal resource lease, which shall be issued under the provisions of this chapter, shall be assignable or transferable except upon the written consent of the state board of land commissioners.

47-1608. bonding. The board shall require the execution of good and sufficient bonds in amounts the board determines reasonable for reclamation and all damages to the land surface and improvements thereon, whether or not the lands have been sold or leased for any other purpose. T…

47-1609. Leases — Cancellation. The state board of land commissioners shall reserve and may exercise the authority to cancel any geothermal resource lease upon failure by the lessee to exercise due diligence or care in the prosecution of his operations in accordance with the term…

47-1610. Constitutional requirements — Compliance. All grants and permissions under this act shall be executed as required by the Constitution of the state of Idaho, Article IV, Section 16.

47-1611. Cooperative agreements and modification of leases authorization. The state board of land commissioners is a person authorized to join on behalf of the state of Idaho in agreements for cooperative or unit plans of development or operation of the geothermal resources of ge…

47-1701. Purpose of act. It is the purpose of this act to provide for the reclamation of abandoned mines on state and federal lands and on certain private lands, thereby protecting human health, safety and welfare, conserving natural resources, aiding in the protection of wildlif…