Omnibus Rulemaking for IDAPA 20
Rules of the Idaho Department of Lands
DOCKETS: 20-0000-1900 and 20-0000-1900F
Status of Rulemaking
Rulemaking initiated to adopt and re-publish existing and previously approved and codified chapters under IDAPA 20, rules of the Idaho Department of Lands.
Temporary rule adopted by the Oil and Gas Conservation Commission on May 8, 2019 and adopted by the Land Board on May 21, 2019. Effective June 30, 2019.
Proposed rule open for public comment June 19 through July 10, 2019.
Documents Required by Idaho Administrative Procedure Act
Notice of Temporary and Proposed rulemaking will publish in a special edition of the Administrative Bulletin, Volume 19-6SE, on June 19, 2019:
- Notice of Omnibus Rulemaking – Temporary and Proposed Rulemaking - Docket No. 20-0000-1900 page 4099
- Notice of Omnibus Rulemaking – Temporary and Proposed Fee Rulemaking - Docket No. 20-0000-1900F page 4160
This temporary and proposed rulemaking adopts and re-publishes the existing and previously approved and codified rule chapters under IDAPA 20, rules of the Idaho Department of Lands.
Temporary and Proposed Rulemaking (docket no. 20-0000-1900):
- 20.01.01, Rules of Practice and Procedure Before the State Board of Land Commissioners
- 20.02.01, Rules Pertaining to the Idaho Forest Practices Act
- 20.04.01, Rules Pertaining to Forest Fire Protection
Temporary and Proposed Fee Rulemaking (docket no. 20-0000-1900F):
- 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 Exploration, Surface Mining, and Closure of Cyanidation Facilities
- 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
- 20.07.02, Rules Governing Conservation of Oil and Natural Gas in the State of Idaho
Oil and Gas Conservation Commission – special meeting 5/8/2019
State Board of Land Commissioners – regular meeting 5/21/2019
Temporary Rule Justification
Pursuant to Sections 67-5226(1) and 67-5226(2), Idaho Code, the Governor has found that temporary adoption of the rule is appropriate for the following reasons:
These temporary rules are necessary to protect the public health, safety, and welfare of the citizens of Idaho and confer a benefit on its citizens. These previously approved and codified rules implement the duly enacted laws of the state of Idaho, provide citizens with the detailed rules and standards for complying with those laws, and assist in the orderly execution and enforcement of those laws. The expiration of these rules without due consideration and processes would undermine the public health, safety and welfare of the citizens of Idaho and deprive them of the benefit intended by these rules. The rules of the Idaho Department of Lands serve the public interest by, for example, ensuring landowners, royalty owners, producers, and the public realize and enjoy the greatest good from the state’s vital natural resources like oil, natural gas, and minerals. The rules also serve the public interest by, for example, regulating forestland management practices to maintain and enhance benefits such as job creation, tax generation, and distributions to endowment beneficiaries, and by conserving resources such as forest tree species, soil, air, water, and wildlife habitat.
Any fee or charge imposed by the rules is necessary to avoid immediate danger. The fees or charges reauthorized in this rulemaking are currently existing and have been previously promulgated by the agency and reviewed and approved by the Legislature. These fees and charges are part of the dedicated fund portion of the state budget, which makes up a material portion of the FY2020 budget. The FY2020 budget has already been set by the Legislature and passed into law. That budget relies upon the existence of these fees and charges to meet the state’s obligations and provide necessary state services. Failing to reauthorize these fee rules would create immediate danger to the state budget, immediate danger to necessary state functions and services, and immediate danger of a violation of Idaho’s constitutional requirement that it balance its budget.
Pursuant to Section 67-5220(2), Idaho Code, negotiated rulemaking was not feasible because of the need to adopt the rules as temporary, and because these existing chapters of IDAPA are being re-published and re-authorized. Negotiated rulemaking also is not feasible because of the need to implement these rules before they expire; the rules form the regulatory framework of the laws of this state and have been previously promulgated and reviewed by the legislature pursuant to the Idaho Administrative Procedures Act, Chapter 52, Title 67, Idaho Code; and because engaging in negotiated rulemaking for all previously existing rules will inhibit the agency from carrying out its ability to serve the citizens of Idaho and to protect their health, safety, and welfare.
For oil and gas related technical questions:
Mick Thomas, Oil and Gas Division Administrator
IDL Boise Staff Office
For administrative and submission of comments questions:
Amy Johnson, Rulemaking Coordinator
IDL Boise Staff Office