Idaho Admin. Code r. 20.03.03.026

Current through September 2, 2024
Section 20.03.03.026 - PAYMENT
01.Board Approved Payment Schedule. The Board will adopt a payment schedule that sets the annual Reclamation Fund payment for each operator participating in the Reclamation Fund. Any changes to the payment schedule must be approved by the Board. New participants will be assessed a pro-rated payment based on the Department's established billing cycle.
02.Acreage Calculation. The annual payment for each participant in the Reclamation Fund will be established based upon the number of disturbed acres at each mine. The acres used to calculate the annual payment will include the total current disturbed acres of affected lands and the acres planned to be disturbed or affected during the next twelve (12) months. The total acreage calculation will not be rounded when determining annual payments.
03.Annual Payments Non-Refundable. Payments to the Reclamation Fund will be billed annually and are non-refundable.
04.Late Payments. Payments not received by the due date are considered late and will result in the following monthly charges:
a. A late charge of twenty-five dollars ($25) or one percent (1%) of the unpaid principal obligation, whichever is greater; and
b. An interest charge of one percent (1%) on the unpaid principal obligation.
05.Supplemental Payments. If an operator affects more acreage than the acreage secured through the Reclamation Fund for a current period, the Department may require supplemental Reclamation Fund payments.
06.Assignment. When a mineral lease, mining reclamation plan, or permit is assigned, all financial assurance requirements must be assumed by the new operator. No Reclamation Fund payments will be refunded following an assignment. If the new operator is ineligible to participate in the Reclamation Fund, the new operator must provide proof of other acceptable financial assurance before the assignment may be approved.
07.Non-Payment Constitutes Lack of Bonding. For any operator participating in the Reclamation Fund, non-payment of the annual payment will be considered a failure to provide financial assurance as required by the Dredge Mining Act, the Mined Land Reclamation Act, or Mineral Rights in State Lands.

Idaho Admin. Code r. 20.03.03.026

Effective July 1, 2024