Official Government Website

Docket No. 20-0000-1900F

Omnibus Rulemaking for the Idaho Administrative Procedures Act (IDAPA)

Re-authorization of IDAPA 20.07.02 – Rules Governing Conservation of Oil and Natural Gas in the State of Idaho Docket No. 20-0000-1900F

Information on this page is specific to IDAPA 20.07.02 – Rules Governing Conservation of Oil and Natural Gas in the State of Idaho. 

Information on other IDAPA 20 – Rules of the Idaho Department of Lands, can be found on the Idaho Department of Lands Omnibus Rulemaking webpage including non-fee rules not mentioned below.

 

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.

On May 8, 2019, the Oil and Gas Conservation Commission adopted IDAPA 20.07.02 – Rules Governing Conservation of Oil and Natural Gas in the State of Idaho as a temporary rule, effective June 30, 2019.  Proposed rule open for public comment June 19 through July 10, 2019.

On September 25, 2019, the Oil and Gas Conservation Commission voted to adopt the proposed rule as the pending rule for IDAPA 20.07.02 – Rules Governing Conservation of Oil and Natural Gas in the State of Idaho and authorize the Department to submit a Notice of Adoption of Pending Rule consistent with that adoption.

The pending rule adopted by the Oil and Gas Conservation Commission on September 25, 2019, to be final and effective upon adjournment of the 2020 legislative session if approved by the Idaho Legislature. IDL rule dockets are submitted to the Senate Resources and Environment Committee and the House Resources and Conservation Committee.

At the Oil and Gas Conservation Commission special meeting on February 18, 2020, the OGCC adopted these rules as temporary to be effective upon adjournment sine die of the 2020 legislative session in the event the Legislature did not approve the rules. The Legislature did not approve the pending rules, and the temporary rules became effective March 20, 2020. The temporary rules will be published in a special edition of the Administrative Bulletin in April 2020. See the Docket No. 20-0000-2000F page for more information.

CONTACTS

For oil and gas related technical questions:

Mick Thomas, Division Administrator
IDL Boise Staff Office
208-334-0298 Phone

For questions regarding the submission of comments, or other administrative questions on rulemaking:

Amy Johnson, Rulemaking Coordinator
IDL Boise Staff Office
208-334-0255 Phone
rulemaking@idl.idaho.gov


SUBMIT PUBLIC COMMENTS

By email to:
rulemaking@idl.idaho.gov

By mail to:
Idaho Department of Lands
Attn: Rulemaking
300 N. 6th Street, Suite 103
Boise, ID 83702

By fax to:
208-334-3698

Documents Required by the Idaho Administrative Procedure Act

Notice of Temporary and Proposed rulemaking published in a special edition of the Administrative Bulletin, Volume 19-6SE, on June 19, 2019:

  • Notice of Omnibus Rulemaking – Temporary and Proposed Fee Rulemaking – Docket No. 20-0000-1900F; page 4160 (IDAPA 20.07.02 begins on page 4337)

Notice of Adoption of Pending Fee Rule published in a special edition of the Administrative Bulletin, Volume 19-11SE, on November 20, 2019

  • Notice of Omnibus Rulemaking – Adoption of Pending Fee Rule – Docket No. 20-0000-1900F; page 3089 (IDAPA 20.07.02 begins on page 3254)

Overview

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 which includes IDAPA 20.07.02 – Rules Governing Conservation of Oil and Natural Gas in the State of Idaho.

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

Related Documents

05/08/2019 Special Meeting – OGCC Approved Memo / OGCC Final Minutes

09/25/2019 Special Meeting – OGCC Approved Memo / OGCC Final Minutes

02/18/2020 Special Meeting – OGCC Approved Memo / OGCC Final Minutes

Land Board documents for other IDAPA 20 rules can be found on the Idaho Department of Lands Omnibus Rulemaking webpage. 

DFM Memo 4/23/19: Process to Reauthorize Rules Beyond July 1
DFM Memo 5/21/19: Process to Reauthorize Rules Beyond July 1

Written Comments Submitted on Proposed Rules 

No comments nor requests for a hearing were received on IDAPA 20.07.02 – Rules Governing Conservation of Oil and Natural Gas in the State of Idaho.

Comments submitted on other IDAPA 20, Rules of the Idaho Department of Lands can be found on the Idaho Department of Lands Omnibus Rulemaking page.

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.

Negotiated Rulemaking

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.

Information about the State of Idaho rulemaking process is available on the Department of Administration – Office of the Administrative Rules Coordinator website.

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