T47CH13
Title 47 > T47CH13
Sections (12)
47-1312
TITLE 47 MINES AND MINING CHAPTER 13 DREDGE MINING 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, and that clean water in the streams of Idaho is in the public interest. History: [47-1312, added 1955 Init. Meas., sec. 1; am. 1969, ch. 281, sec. 1, p. 845.]
47-1313
TITLE 47 MINES AND MINING CHAPTER 13 DREDGE MINING 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 director. (c) Disturbed land means land, natural watercourses, or existing stockpiles and waste piles affected by placer or dredge mining, remining, exploration, stockpiling of ore or wastes from placer or dredge mining, or construction of roads, tailings ponds, structures, or facilities appurtenant to placer or dredge mining operations. (d) Mineral means any ore, rock, or substance extracted from a placer deposit or from an existing placer stockpile or waste pile, but does not include coal, clay, stone, sand, gravel, phosphate, uranium, oil, or gas. (e) Motorized earth-moving equipment means backhoes, bulldozers, front loaders, trenchers, core drills, suction dredges with an intake diameter exceeding eight (8) inches, and other similar equipment. (f) Natural watercourse means any stream in the state of Idaho having definite bed and banks, and which confines and conducts continuously flowing water. (g) Permit area means that area designated under section 47-1317 , Idaho Code, as the site of a proposed placer or dredge mining operation, including all lands to be disturbed by the operation. (h) Person means any person, corporation, partnership, association, or public or governmental agency engaged in placer or dredge mining, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. (i) Placer deposit means naturally occurring unconsolidated surficial detritus containing valuable minerals, whether located inside or outside the confines of a natural watercourse. (j) Placer or dredge exploration operation means activities including, but not limited to, the construction of roads, trenches, and test holes, performed on a placer deposit for the purpose of locating and determining the economic feasibility of extracting minerals by placer or dredge mining. (k) Placer or dredge mining or dredge or other placer mining means the extraction of minerals from a placer deposit, including remining for sale, processing, or other disposition of earth material excavated from previous placer or dredge mining. The term dredge or other placer mining, wherever used in this chapter, is subject to this definition and all provisions regarding it. (l) Placer or dredge mining operation means placer or dredge mining which disturbs in excess of one-half (1/2) acre of land. (m) Road means a way, including bed, slopes, and shoulders, (1) constructed within the circular tract circumscribed by a placer or dredge mining operation, or (2) constructed solely for access to a placer or dredge mining operation or placer or dredge exploration operation, provided, that a way dedicated to public multiple use or being used by a governmental land
47-1314
TITLE 47 MINES AND MINING CHAPTER 13 DREDGE MINING 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 area, commence restoration of disturbed lands in the permit area or in any portion thereof as to which operations are permanently ceased. In accordance with a permit approved for the operation under section 47-1317 , Idaho Code, surfaces shall be returned to a contour reasonably comparable to that contour existing prior to disturbance, topsoil shall be replaced where deemed appropriate by the board, and vegetation shall be planted reasonably comparable to that vegetation existing prior to disturbance. Any disturbed natural watercourse shall be restored to a configuration and pool structure conducive to good fish and wildlife habitat and recreational use. (b) Any person desiring to conduct placer or dredge exploration operations using motorized earth-moving equipment shall, prior to or within seven (7) days of commencing exploration, notify the director in writing of the name and address of the person, and the location, anticipated size, and method of exploration. Such notice shall be subject to disclosure according to chapter 1, title 74 , Idaho Code. Any placer or dredge exploration operation which causes a cumulative surface disturbance in excess of one-half (1/2) acre of land, including roads, shall be considered a placer or dredge mining operation. Lands disturbed by any placer or dredge exploration operation which causes a cumulative surface disturbance of less than one-half (1/2) acre of land, including roads, shall be restored to conditions reasonably comparable to conditions existing prior to the placer or dredge exploration operation. History: [47-1314, added 1984, ch. 102, sec. 3, p. 233; am. 1990, ch. 213, sec. 64, p. 533; am. 2015, ch. 141, sec. 121, p. 471; am. 2018, ch. 76, sec. 1, p. 171.]
47-1315
TITLE 47 MINES AND MINING CHAPTER 13 DREDGE MINING 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 and use filtration processes fully adequate to clarify the water used in the mining process to conform to the standards and rules of the state department of environmental quality regarding water quality as authorized under chapter 1, title 39 , Idaho Code, before such water is discharged into the natural watercourse. History: [47-1315, added 1955, Init. Meas., sec. 4; am. 1969, ch. 281, sec. 4, p. 845; am. 1984, ch. 102, sec. 4, p. 234; am. 2001, ch. 103, sec. 87, p. 328.]
47-1316
TITLE 47 MINES AND MINING CHAPTER 13 DREDGE MINING 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 to employ personnel necessary to effectually carry out this law. Such board may make such inquiries and investigations and conduct such hearings as the board shall deem advisable or necessary. History: [47-1316, added 1955, Init. Meas., sec. 5; am. 1969, ch. 281, sec. 5, p. 845.]
47-1317
TITLE 47 MINES AND MINING CHAPTER 13 DREDGE MINING 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, and shall pay an application fee of fifty dollars (1,000). Application fees shall be deposited in the dredge and placer mining account. (b) The permit to issue in any such case shall be in a form provided and approved by the board. No such permit shall be issued to any applicant until the applicant files with the director an initial bond in an amount necessary to pay the estimated reasonable costs of reclamation required under the permit for each acre of land to be disturbed during the first season of operation plus ten percent (10%). The amount of the bond shall not exceed one thousand eight hundred dollars (1,800) for any given acre of disturbed land. The determination by the board of reclamation costs shall constitute a final decision subject to judicial review as set forth in subsection (d) of section 47-1320 , Idaho Code. The bond may be submitted in the form of a surety, cash, certificate of deposit, or other bond acceptable to the director, provided that any bond shall be in the applicable amount set forth above. (c) It shall be unlawful for any person to conduct placer or dredge mining operations in this state without first having obtained a permit and bond as herein provided. The board shall determine whether a permit application and bond submitted by an applicant satisfies the requirements of this act and regulations promulgated thereto. Upon such determination, the board shall notify the applicant in writing of approval or denial of the permit application and bond. Any notice of rejection shall state the reasons for such rejection. An applicant may submit an amended permit application and bond. (d) It shall be the duty of the board in its administration of this act to cause periodic inspections to be made of the operations under such permits to determine
47-1318
TITLE 47 MINES AND MINING CHAPTER 13 DREDGE MINING 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 issued hereunder for any violation of the terms of this act, after having issued and served upon the permittee alleged to be committing such violation, a formal complaint which shall specify the provisions of this act which the permittee allegedly is violating, and a statement of the manner in and the extent to which said permittee is alleged to be violating the provisions of this act. Such notice may be served by certified mail, and return receipt signed by the permittee or his agent shall constitute service and time thereof of such notice. The permittee shall answer the complaint and request a hearing before a designated hearing officer within thirty (30) days from receipt of the complaint if matters asserted in the complaint are disputed. If the permittee fails to answer the complaint and to request a hearing, the matters asserted in the complaint shall be deemed admitted by the permittee, and the board may proceed to terminate the permit and forfeit the bond in an amount necessary to pay all costs and expense of restoring the lands and beds of streams damaged by dredge or other placer mining of the defaulting permittee. Upon request for a hearing by a permittee, the board shall schedule a hearing not less than thirty (30) days after the date the permittee requests a hearing. The provisions of chapter 52, title 67 , Idaho Code, shall govern proceedings instituted pursuant to this section. The board may designate one (1) of its members, or a hearing officer or officers to conduct any hearings and enter recommended or preliminary orders, as determined by the board, on issues involving the administration of this act. Upon entry of a final order terminating a permit or forfeiting a bond, the board shall assess the costs of the hearing against the defaulting permittee. History: [47-1318, added 1955, Init. Meas., sec. 7; am. 1969, ch. 281, sec. 7, p. 845; am. 1986, ch. 82, sec. 1, p. 242; am. 1988, ch. 72, sec. 1, p. 102; am. 1993, ch. 216, sec. 44, p. 627.]
47-1319
TITLE 47 MINES AND MINING CHAPTER 13 DREDGE MINING 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 permit granted therefor and upon full compliance with the requirements of this act and the rules and regulations of said board of land commissioners made for the administration thereof. (b) That in event the holder of any permit issued under this act fails to comply with the requirements of this act and the rules and regulations of the Idaho board of land commissioners for the administration hereof, then the applicable bond of such permittee shall be forfeited to the state of Idaho in such amount and to such extent as the state board of land commissioners shall estimate and determine will be necessary to pay all cost and expense of restoring the lands and beds of streams damaged by dredge or other placer mining of said defaulting permittee and covered by such bond and remaining unrestored, and such forfeited funds are to be deposited in the dredge and placer mining account, which is hereby created in the dedicated fund of the state treasury. All moneys deposited in the dredge and placer mining account pursuant to this section or other provisions of this chapter shall be utilized by the state board of land commissioners for the restoration of lands and watercourses damaged by placer or dredge mining operations. (c) No forfeiture of bond of a permittee shall be made until after procedures have been followed as provided in sections 47-1318 and 47-1320 , Idaho Code, and the complaint is issued and findings of facts and rulings of law in support of the order of forfeiture, if any, have been made and the time for appeal has expired. History: [47-1319, added 1955, Init. Meas., sec. 8; am. 1957, ch. 325, sec. 2, p. 685; am. 1969, ch. 281, sec. 8, p. 845; am. 1984, ch. 102, sec. 6, p. 237; am. 1988, ch. 72, sec. 2, p. 103.]
47-1320
TITLE 47 MINES AND MINING CHAPTER 13 DREDGE MINING 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 Code. The board, or any member thereof, or the hearing officer designated by such board, shall have power to subpoena witnesses and administer oaths. The district court shall have power to enforce by proper proceedings the attendance and testimony of witnesses, and the production for examination of books, papers and records. Witnesses subpoenaed by the board or a member thereof or the hearing officer shall be allowed such fees and traveling expenses as are allowed in civil actions in the district court, to be paid by the party in whose interest such witnesses are subpoenaed. The board, or any member thereof, or the hearing officer, shall make such inquiries and investigations as shall be deemed relevant. Each hearing shall be held at the county seat in any county where the dredge or other placer mining is being conducted or where any of the lands involved in the hearing are situate, or in the county of Ada, as the board may designate. (b) If the hearing involves a permit or application for a permit, the final order of the board, together with the agency record, as provided in chapter 52, title 67 , Idaho Code, shall be filed in the office of the director of the department of lands. A copy of the order shall be sent to the applicant or holder of the permit involved in such hearing by United States mail. (c) Any applicant or permit holder aggrieved by any final decision or order of the board shall be entitled to judicial review in accordance with the provisions and standards set forth in chapter 52, title 67 , Idaho Code. History: [47-1320, added 1969, ch. 281, sec. 9, p. 845; am. 1984, ch. 102, sec. 7, p. 238; am. 1993, ch. 216, sec. 45, p. 628.]
47-1322
TITLE 47 MINES AND MINING CHAPTER 13 DREDGE MINING 47-1322. Title. This act may be cited as the Idaho Dredge and Placer Mining Protection Act. History: [47-1322, added 1955, Init. Meas., sec. 13; am. 1969, ch. 281, sec. 11, p. 845.]
47-1323
TITLE 47 MINES AND MINING CHAPTER 13 DREDGE MINING 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 its junction with the Selway at Lowell forming the middle fork, upstream to the Powell ranger station; and the Selway river from Lowell upstream to its origin; (2) The middle fork of the Salmon river, from its origin to its confluence with the main Salmon river; (3) The St. Joe river, including tributaries, from its origin to its confluence with Coeur d’Alene lake, except for the St. Maries river and its tributaries. History: [47-1323, added 1970, ch. 244, sec. 1, p. 659; am. 1977, ch. 114, sec. 1, p. 246.]
47-1324
TITLE 47 MINES AND MINING CHAPTER 13 DREDGE MINING 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 regulations promulgated thereto. The court, or a judge thereof at chambers, if satisfied from a complaint or by affidavits that the alleged acts have been or are being committed, may issue a temporary restraining order, without notice or bond, enjoining the defendant, his agents and employees, from operating or maintaining such placer or dredge mining operation without obtaining a permit and bond as provided in this act or regulations promulgated thereto. No showing of injury shall be required other than that this act is being violated by the operation or maintenance of a placer or dredge mining operation without the approved permit and bond. Upon a showing of good cause therefor, the court may require the defendant to undertake mitigation or restoration of the disturbed area in conformity with section 47-1314 , Idaho Code, pending final disposition of the action. The action shall proceed as in other cases for injunctions. If at the trial the operation and maintenance of a placer or dredge mining operation without a permit or bond be established, and the court further finds that it is probable that the defendant will continue therein or in similar violations, the court shall enter a decree perpetually enjoining said defendant, his agents and employees from thereafter committing said or similar actions in violation of this act. (b) 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 when, under an existing approved permit and bond, a permittee violates or exceeds the terms of the permit or violates a provision of this act, and the bond, if forfeited, would not be sufficient to adequately restore the land. (c) In addition to the injunctive provisions above, the board may maintain a civil action against any person who violates any provision of this act to collect civil damages in an amount sufficient to pay for all the damages to the state caused by such violation, including but not limited to, costs of restoration in accordance with section 47-1314 , Idaho Code, where a person is conducting placer or dredge mining without an approved permit or bond. (d) Notwithstanding any other provisions of this act, any person who violates any of the provisions of this act or regulations promulgated thereto, or who violates any determination or order promulgated pursuant to the provisions of this act, shall be liable for a civil penalty of not less than five hundred dollars (2,500) for each day during which such violation continues. Such penalty shall be recoverable in an action brought i