IDL hosting meetings about mining bill rules

SILVER VALLEY — A full lineup of public meetings have been scheduled throughout the state to discuss new rules regarding a newly passed mining bill.

Earlier this year, the Idaho Legislature passed a new bill that significantly amended Idaho’s Surface Mining Act.

Following Governor Brad Little’s signing of House Bill 141 (HB 141) into law, the legislation was met with varying levels of support and criticism throughout the state.

Before a mining company can start a mine, it must provide a bond to the state to ensure that when a company concludes a mining operation, there will be money to pay for reclamation efforts and mitigate the environmental impacts of the mine.

Without a financial assurance that the land will be reclaimed, mining facilities could be left unremediated indefinitely with open pit mines, slag piles or tailings ponds.

While maintaining the requirement for financial assurance, HB 141 is designed to give companies more flexibility in providing it.

Rather than only using bonds, a company will be able to use a surety bond, a corporate guarantee, a letter of credit, a certificate of deposit or a trust fund.

HB 141 will go into effect beginning on July 1, but shall not apply to mining operations currently permitted or authorized to commence operations prior to July 1; or any mining operation that has permanently ceased operations prior to July 1.

Since the passage of House Bill 141 will significantly amend Idaho’s Surface Mining Act, IDL is initiating negotiated rulemaking to incorporate key legislative changes into rule, which include:

- Determining 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; • Allowing additional types of financial assurance, such as corporate guarantees and trusts;

- Reviewing every plan at least once every five years; and

- Implementing a temporary rule by Aug. 1.

House Bill 141 also significantly amended definitions and terminology associated with Idaho’s Reclamation Fund, otherwise known as the Bond Assurance Fund.

Pursuant to Title 47, Chapter 18 of Idaho Code, IDL manages the Bond Assurance Fund, which provides affordable and attainable financial assurance for mining operators, allowing compliance with Idaho’s mining regulations.

This rulemaking will address:

- Definitions and terminology;

- Potential expansion of the fund’s acreage limit to allow more participation; and

- Potential removal of mandatory participation requirements, allowing operators to provide other types of financial assurances.

IDL is holding negotiated rulemaking public meetings in May, June and July all over the state. For Shoshone County residents who want to give their opinion, meetings will be held at 1 p.m. and 3:15 p.m. on Tuesday, June 18 at IDL’s Coeur d'Alene office, 3284 W. Industrial Loop.

For more information, contact the Idaho Department of Lands at 208-769-1525.