Idaho § 47-1706 - Duties and powers of board

§ 47-1706. Duties and powers of board

In addition to the other duties and powers of the board prescribed by law, the board is granted and shall be entitled to exercise the following authority and powers and perform the following duties:

(1) To reclaim any eligible mine and affected lands. Reclamation on federal lands shall be completed only upon consent of the federal agency responsible for the administration of those lands. Reclamation activities may include:

(a) The reclamation and restoration of abandoned surface mined areas;

(b) The reclamation of abandoned milling and processing areas;

(c) The sealing, filling, and grading of abandoned deep mine entries;

(d) The planting of land adversely affected by past mining to prevent erosion and sedimentation;

(e) The prevention, abatement, treatment, and control of water pollution created by abandoned mine drainage;

(f) The control of surface subsidence due to abandoned deep mines; and

(g) Such other reclamation activities as may be necessary to accomplish the purposes of this act.

(2) To administer and enforce the provisions of this act and the rules and orders promulgated thereunder as provided in this act.

(3) To conduct and promote the coordination and acceleration of research, studies, surveys, experiments, demonstrations, and training in carrying out the provisions of this act. In carrying out the activities authorized in this section, the board may enter into contracts with and make grants to institutions, agencies, organizations, and individuals, and shall collect and make available any information obtained therefrom.

(4) To adopt and promulgate reasonable rules respecting the administration of this act and such rules as may be necessary to carry out the intent and purposes of this act. All such rules shall be adopted in accordance with and subject to the provisions of chapter 52, title 67 , Idaho Code.

(5) To enter upon eligible mines and affected lands at reasonable times, for inspection purposes and to determine whether the provisions of this act are being complied with. Inspections on private lands shall be conducted in the presence of the landowner or his duly authorized employees or representatives, or with written permission of the landowner.

(6) To establish an advisory committee to assist the department in setting priorities and planning reclamation work. The committee members shall be nominated by the governor and approved by the board. The committee shall consist of:

(a) One (1) representative from the Idaho department of environmental quality;

(b) One (1) representative from the governor’s office of energy and mineral resources;

(c) One (1) representative who is a county commissioner from a county with active mines;

(d) One (1) representative representing conservation interests; and

(e) Three (3) representatives from mining organizations or companies who are actively mining within the state of Idaho.

[47-1706, added 1994, ch. 220, sec. 1, p. 704; am. 2025, ch. 79, sec. 4, p. 359.]