Section 20.03.03.017 - INELIGIBLE MINES OR OPERATORSThe following types of mines and operators are not allowed to participate in the Reclamation Fund and must file proof of other acceptable financial assurance as required by the Department.
01.Disturbed Acres Limit. A mine or mineral lease with un-reclaimed disturbed acres in excess of the actual allowable disturbance may not provide alternative financial assurance through the Reclamation Fund. Un-reclaimed disturbance is that which does not meet the final financial assurance release criteria in the Dredge Mining Act, the Mined Land Reclamation Act, or the Mineral Rights in State Lands.02.Reclamation Cost Limit. Operators with an estimated reclamation cost in excess of the actual allowable reclamation cost, regardless of the disturbed acres.03.Phosphate Mines. Operators or mineral lessees of phosphate mines.04.Hardrock Mines. Operators or mineral lessees of hardrock mines such as gold, silver, molybdenum, copper, lead, zinc, cobalt, and other precious or base metal mines.05.Potential Heavy Metal Releases. Operators of mines with a reasonable potential to release heavy metals or other substances harmful to human health or the environment, but not including substances such as fuels and other materials commonly used in excavation or construction.06.Oil and Gas Conservation. Oil and gas exploration and development under Title 47, Chapter 3, Idaho Code.07.Oil and Gas Leasing. Oil and gas leases and associated exploration and development under Title 47, Chapter 8, Idaho Code.08.Geothermal. Operators or mineral lessees of geothermal wells and development under Title 47, Chapter 16, Idaho Code.09.Off Lease Exploration. Motorized exploration on state lands that are not under a mineral lease or exploration location.10.Violators. Mines or operators in violation of the Act, Dredge Mining Act, Mined Land Reclamation Act, or Mineral Rights in State Lands.11.Reclamation Fund Forfeitures. Operators, permittees or lessees who have not reimbursed the Reclamation Fund for a forfeiture from the Reclamation Fund due to their violations of the Reclamation Fund Act, Dredge Mining Act, Mined Land Reclamation Act, or Mineral Rights in State Lands.12.Other Forfeitures. An operator who has forfeited any financial assurance.13.Operators Providing Acceptable Financial Assurance. An operator who provides proof of financial assurance accepted by the Department that is greater than or equal to the minimum dollar per acre for each acre of affected land at a mine.Idaho Admin. Code r. 20.03.03.017