DEPARTMENT OF LANDS – Amends existing law regarding counsel for the Department of Lands.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1328
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
COUNSEL
FOR
THE
IDAHO
DEPARTMENT
OF
LANDS;
AMENDING
SECTION
2
38
-
107,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
UNCONTROLLED
FIRES;
3
AMENDING
SECTION
38
-
113,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
4
FOREST
LAND
PROTECTION
AND
LIENS;
AMENDING
SECTION
38
-
118,
IDAHO
CODE,
5
TO
REVISE
PROVISIONS
REGARDING
THE
DUTY
OF
RAILROADS
AND
PENALTIES;
6
AMENDING
SECTION
38
-
123,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
7
DISPOSAL
OF
SLASH,
INJUNCTIONS,
LIENS,
AND
ENFORCEMENT;
AMENDING
SEC
-
8
TION
38
-
128,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
DUTIES
OF
9
PROSECUTING
ATTORNEYS
AND
GENERAL
COUNSEL
FOR
THE
DEPARTMENT
OF
LANDS;
10
AMENDING
SECTION
38
-
808,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
1
1
RECORDING
LOG
BRANDS
AND
PENALTIES;
AMENDING
SECTION
38
-
1220A,
IDAHO
12
CODE,
TO
REVISE
A
PROVISION
REGARDING
CIVIL
ENFORCEMENT
ACTIONS
AND
13
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
38
-
1221,
IDAHO
CODE,
14
TO
REVISE
PROVISIONS
REGARDING
CIVIL
ENFORCEMENT
ACTIONS,
CRIMINAL
15
ACTIONS,
AND
PENALTIES;
AMENDING
SECTION
38
-
1307,
IDAHO
CODE,
TO
RE
-
16
VISE
PROVISIONS
REGARDING
CIVIL
ENFORCEMENT
ACTIONS;
AMENDING
SECTION
17
47
-
314,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
OIL
AND
GAS
CON
-
18
SERVATION
COMMISSION;
AMENDING
SECTION
47
-
718,
IDAHO
CODE,
TO
REVISE
19
PROVISIONS
REGARDING
THE
POWER
OF
THE
DIRECTOR
OF
THE
DEPARTMENT
OF
20
LANDS
TO
INITIATE
LEGAL
ACTION;
AMENDING
SECTION
47
-
1317,
IDAHO
CODE,
21
TO
REVISE
PROVISIONS
REGARDING
APPLICATION,
PERMIT,
AND
BOND
FOR
PLACER
22
OR
DREDGE
MINING;
AMENDING
SECTION
47
-
1324,
IDAHO
CODE,
TO
REVISE
PRO
-
23
VISIONS
REGARDING
ENFORCEMENT
AND
PENALTIES
FOR
VIOLATIONS;
AMENDING
24
SECTION
47
-
1513,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
AN
OPERA
-
25
TOR'S
FAILURE
TO
COMPLY;
AMENDING
SECTION
58
-
120,
IDAHO
CODE,
TO
REVISE
26
PROVISIONS
REGARDING
GENERAL
COUNSEL
FOR
THE
DEPARTMENT
OF
LANDS;
27
AMENDING
SECTION
58
-
312,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
28
OCCUPATION
OF
STATE
LAND
WITHOUT
A
LEASE;
AMENDING
SECTION
58
-
1308,
29
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
PENALTIES;
AMENDING
SECTION
30
67
-
1406,
IDAHO
CODE,
TO
PROVIDE
AN
EXCEPTION;
AND
DECLARING
AN
EMER
-
31
GENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
32
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
33
SECTION
1.
That
Section
38
-
107,
Idaho
Code,
be,
and
the
same
is
hereby
34
amended
to
read
as
follows:
35
38
-
107.
UNCONTROLLED
FIRES
A
NUISANCE
-
-
ABATEMENT
-
-
CIVIL
LIABIL
-
36
ITY.
(1)
Any
forest
or
range
fire
on
any
land
within
the
state
of
Idaho,
re
-
37
gardless
of
ownership
status,
that
is
burning
out
of
control
or
without
ad
-
38
equate
and
proper
precautions
having
been
taken
to
prevent
its
spread,
is
39
hereby
declared
a
public
nuisance,
by
reason
of
its
menace
to
life
and/or
40
property.
Any
person
responsible
through
his
conduct,
acts
and/or
control
41
of
property
or
operations
for
either
the
starting
or
the
existence
of
such
42

2
fire
is
hereby
required
to
make
a
reasonable
effort
to
control
or
extinguish
1
it
immediately,
without
awaiting
instructions
from
the
director
of
the
de
-
2
partment
of
lands
or
a
fire
warden.
The
director
of
the
department
of
lands
3
or
any
fire
warden
may
summarily
abate
the
nuisance
thus
constituted
by
con
-
4
trolling
or
extinguishing
such
fire
and
the
person
willfully
or
negligently
5
responsible
for
the
starting
or
existence
of
such
fire
shall
be
liable
for
6
the
costs
incurred
by
the
state
or
its
authorized
agencies
in
controlling
7
or
extinguishing
the
same.
The
amount
of
such
costs
shall
be
recovered
by
8
a
civil
action
prosecuted
in
the
name
of
the
state
of
Idaho
pursuant
to
sec
-
9
tion
58
-
120,
Idaho
Code,
and
any
amounts
recovered
shall
be
paid
to
the
state
10
treasurer
for
deposit
to
the
forest
protection
fund.
Civil
liability
pro
-
1
1
vided
for
herein
shall
be
exclusive
of
and
in
addition
to
any
criminal
penal
-
12
ties
otherwise
provided.
13
(2)
(a)
Notwithstanding
any
other
provision
of
law,
in
a
civil
action
14
against
any
person,
legal
entity,
state
,
or
political
subdivision
for
15
forest
or
range
fire
caused
by
a
negligent
or
unintentional
act,
which
16
act
was
not
willful
or
intentional
under
section
6
-
202,
Idaho
Code,
the
17
real
and
personal
property
damage
is
limited
to:
18
(a)
(i)
The
reasonable
costs
for
controlling
or
extinguishing
the
19
forest
or
range
fire;
20
(b)
(ii)
Economic
damages;
and
21
(c)
(iii)
Either
(i)
the
diminution
of
fair
market
value
of
the
22
real
and
personal
property
resulting
from
the
fire,
or
(ii)
the
ac
-
23
tual
and
tangible
restoration
costs
associated
with
bringing
the
24
damaged
real
and
personal
property
back
to
its
pre
-
injured
state
25
to
the
extent
that
such
actual
and
tangible
restoration
costs
are
26
reasonable
and
practical.
27
(b)
As
used
in
this
subsection,
"economic
damages"
means
objectively
28
verifiable
monetary
loss
including,
but
not
limited
to,
out
-
of
-
pocket
29
expenses,
loss
of
earnings,
loss
of
use
of
property
,
or
loss
of
business
30
or
employment
opportunities.
31
(c)
As
further
used
in
this
subsection,
"fair
market
value"
means
the
32
amount
a
willing
buyer
would
pay
a
willing
seller
in
an
arms
-
length
33
transaction
when
both
parties
are
fully
informed
about
all
of
the
advan
-
34
tages
and
disadvantages
of
the
property
and
neither
is
acting
under
any
35
compulsion
to
buy
or
sell,
as
determined
by
a
state
certified
appraiser,
36
who
is
qualified
to
appraise
the
property.
37
(d)
Claims
against
the
state
or
a
political
subdivision
shall
remain
38
subject
to
the
requirements
of
chapter
9,
title
6,
Idaho
Code,
and
dam
-
39
ages
against
the
state
or
a
political
subdivision
shall
be
the
amount
40
set
forth
in
chapter
9,
title
6,
Idaho
Code,
as
limited
in
this
subsec
-
41
tion.
42
(3)
Notwithstanding
any
other
provision
of
law,
civil
actions
brought
43
pursuant
to
this
section
shall
be
barred
by
a
statute
of
limitations
after
44
ten
(10)
years.
45
SECTION
2.
That
Section
38
-
113,
Idaho
Code,
be,
and
the
same
is
hereby
46
amended
to
read
as
follows:
47
38
-
113.
PURCHASER
OF
FOREST
PRODUCTS
RESPONSIBLE
FOR
PROTECTION
-
-
48
LIENS.
When
the
owner
of
forest
land
shall
have
has
sold
timber
and/or
other
49

3
forest
products
or
potential
forest
products
thereon
on
such
land
to
an
-
1
other,
while
retaining
ownership
of
the
land,
the
owner
of
the
timber
and/or
2
other
forest
products
or
potential
forest
products
shall
be
responsible
for
3
providing
the
protection
required
by
section
38
-
111,
Idaho
Code,
for
that
4
portion
of
the
land
covered
by
his
uncut
timber
and/or
other
forest
products
5
or
potential
forest
products
and
for
the
area
he
has
cut
over
during
the
year
6
up
to
the
end
of
the
closed
season,
and
for
any
areas
he
has
cut
over
without
7
complying
with
the
forest
fire
and
slash
disposal
laws
of
the
state
,
and
if
8
he
.
If
the
owner
fails,
neglects
,
or
refuses
to
provide
the
protection
re
-
9
quired
by
section
38
-
111,
Idaho
Code,
the
director
of
the
department
of
lands
10
shall
provide
such
patrol
and
protection
at
the
cost
per
acre
to
said
owner
at
1
1
the
rates
therein
established.
Any
amounts
due
and
unpaid
for
this
purpose
12
shall
be
a
lien
upon
the
remaining
standing
timber
and/or
other
forest
prod
-
13
ucts
or
potential
forest
products
and
upon
the
timber
and/or
other
forest
14
products
theretofore
cut
and/or
removed
or
remaining
on
the
ground
and
may
15
be
collected
through
extension
upon
the
tax
rolls
covering
such
property
as
16
in
section
38
-
112,
Idaho
Code,
provided
for
collection
of
similar
liens
upon
17
forest
land;
provided,
that
if
the
director
of
the
department
of
lands
shall
18
deem
such
property
to
be
inadequate
security,
the
lien,
unless
promptly
paid
19
on
demand
of
the
director
of
the
department
of
lands,
may
be
by
him
perfected
20
and
enforced
as
loggers'
liens
are
perfected
and
enforced,
or
such
amounts,
21
together
with
any
expenses
rendered
necessary,
may
be
recoverable
from
the
22
offender
by
a
civil
action
for
debt
prosecuted
in
the
name
of
the
state
of
23
Idaho
pursuant
to
section
58
-
120,
Idaho
Code
.
Any
recovery
shall
be
paid
to
24
the
state
treasurer
for
deposit
in
the
forest
protection
fund.
25
SECTION
3.
That
Section
38
-
118,
Idaho
Code,
be,
and
the
same
is
hereby
26
amended
to
read
as
follows:
27
38
-
118.
DUTY
OF
RAILROADS
-
-
PENALTIES.
(1)
During
the
closed
season
28
everyone
operating
a
common
carrier
railroad
shall
keep
all
right
of
way,
29
station
grounds
and
other
operating
property
in,
contiguous
,
or
adjacent
30
to
forest
or
range
lands
clear
and
free
from
all
combustible
and
flammable
31
material,
matter
or
substances,
except
freight,
express
and
mail
supplies,
32
structures,
equipment
and
material
necessary,
usual
or
convenient
for
the
33
construction,
maintenance
and/or
operation
of
such
railroad.
34
(2)
During
the
said
closed
season,
no
person
operating
or
maintaining
35
such
a
railroad
shall
permit
any
of
his
or
its
employees
to
leave
a
deposit
of
36
fire,
live
coals
,
or
hot
ashes
in
the
immediate
vicinity
of
forest
or
range
37
lands
or
of
other
lands
liable
to
be
overrun
by
fire.
38
(3)
All
clearing
by
burning
under
the
provisions
of
the
section
shall
be
39
in
accordance
with
the
provisions
of
this
act
applicable
to
the
season
during
40
which
said
burning
is
done.
41
(4)
Refusal
or
neglect
to
comply
with
the
provisions
of
this
section
42
shall
be
deemed
a
petty
misdemeanor
for
each
offense;
provided,
that
the
di
-
43
rector
of
the
department
of
lands,
with
the
consent
of
the
board,
may
suspend
44
the
restrictions
of
this
section
when
and
where
he
deems
safety
so
permits.
45
It
is
further
provided,
that
in
the
absence
of
such
suspension,
and
in
case
46
of
refusal
or
neglect
by
the
person
at
fault,
after
proper
notice,
to
take
47
the
precautions
against
fire
required
by
public
safety
and
the
provisions
of
48
this
act,
the
director
of
the
department
of
lands,
or
district
fire
warden,
49

4
acting
with
his
consent,
may
have
the
work
done
to
the
extent
that
he
deems
1
requisite
to
public
safety,
and
the
costs
thereof
and
the
expense
of
any
fire
2
patrol
rendered
necessary
by
the
offender's
neglect,
plus
a
penalty
of
ten
3
per
cent
(10%)
shall
be
recoverable
from
the
offender
by
civil
action
,
pros
-
4
ecuted
in
the
name
of
the
state
of
Idaho
pursuant
to
section
58
-
120,
Idaho
5
Code
.
Any
recovery
shall
be
paid
to
the
state
treasurer
for
deposit
in
the
6
forest
protection
fund.
7
SECTION
4.
That
Section
38
-
123,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
38
-
123.
DISPOSAL
OF
SLASH
-
-
INJUNCTION
AGAINST
FURTHER
CUTTING
-
-
10
DISPOSAL
AT
EXPENSE
OF
OWNER
-
-
LIEN
AND
ENFORCEMENT
-
-
ORDERS.
(1)
In
the
1
1
event
one
responsible
therefor
shall
fail,
refuse
,
or
neglect
to
properly
12
dispose
of
slash
in
accordance
with
the
requirements
of
section
38
-
122,
13
Idaho
Code,
and
such
person
responsible
therefor
is
engaged
or
is
about
to
14
engage,
either
for
himself
or
for
another,
in
cutting
timber
or
other
forest
15
products,
and
thereby
creating
a
fire
hazard
anywhere
within
the
state,
he
16
may
be
enjoined
from
cutting
such
timber
or
other
forest
products
and
thereby
17
creating
a
fire
hazard
until
he
shall
have
complied
with
the
provisions
of
18
section
38
-
122,
Idaho
Code.
Such
injunction
proceedings
may
be
instituted
19
by
the
director
of
the
department
of
lands
as
plaintiff
pursuant
to
section
20
58
-
120,
Idaho
Code,
and
the
court
may
in
its
discretion
grant
a
temporary
in
-
21
junction.
In
any
such
proceedings
no
bond
shall
be
required
of
the
plaintiff
22
and
such
a
proceeding
shall
be
handled
in
any
court
by
the
judge
thereof
with
23
expedition.
24
(2)
If
one
responsible
therefor
has
for
any
reason
failed
to
comply
with
25
section
38
-
122,
Idaho
Code,
and
has
without
such
compliance
cut
timber
or
26
other
forest
products,
and
shall
fail,
refuse
,
or
neglect
to
properly
dis
-
27
pose
of
slash
for
a
period
of
thirty
(30)
days
after
being
notified
so
to
do
28
by
the
director
of
the
department
of
lands
or
the
fire
warden
of
the
forest
29
protective
district
within
which
such
slash
has
accumulated,
the
director
of
30
the
department
of
lands,
or
the
fire
warden,
may,
if
he
deems
it
advisable,
31
complete,
direct
,
or
authorize
the
disposal
of
such
slash
at
the
expense
of
32
the
owner
of
the
timber
or
other
forest
products
cut
or
produced
from
the
land
33
upon
which
such
fire
hazard
remains
undisposed
of
as
aforesaid.
34
(3)
The
cost
and
expense
of
such
disposal,
plus
twenty
per
cent
(20%)
of
35
the
cost
and
expense
of
such
disposal
as
a
penalty,
shall
constitute
a
prior
36
lien
upon
the
timber
and/or
other
forest
products
so
cut
or
produced
from
37
such
land.
If
payment
of
such
cost
and
penalty
be
is
not
made
within
ten
(10)
38
days
after
demand
in
writing,
the
director
of
the
department
of
lands
shall
39
file
for
record
with
the
county
recorder
of
the
county
in
which
such
timber
or
40
other
forest
products
were
cut,
or,
if
the
same
have
been
removed
to
another
41
county,
then
in
such
county,
a
notice
of
lien
upon
any
and
all
forest
products
42
cut
from
the
area
of
slash
undisposed
of
as
aforesaid,
and
such
lien
shall
43
also
attach
to
all
identifiable
processed
products
thereof,
and
the
perfec
-
44
tion
of
such
lien
rights
shall
as
nearly
as
practicable
be
in
conformity
with
45
the
provisions
of
section
45
-
407,
Idaho
Code,
so
far
as
the
same
is
applica
-
46
ble,
and
duly
verified
as
therein
provided.
Any
claims
of
lien
recorded
as
47
herein
provided
shall
be
released
in
writing
by
the
director
of
the
depart
-
48
ment
of
lands
upon
payment
of
the
cost
and
penalty
herein
provided.
After
49

5
the
filing
of
notice
of
lien,
any
purchaser
or
purchasers
of
any
of
such
for
-
1
est
products
who
have
disposed
of
the
same
or
who
shall
have
so
mingled
such
2
forest
products
or
the
processed
products
thereof
with
other
property
as
to
3
prevent
identification
of
such
forest
products,
and
thereby
prevent
the
sale
4
of
any
such
products
in
such
foreclosure
proceedings,
shall
be
liable
for
5
the
full
amount
of
the
judgment
recovered,
provided
such
purchaser
is
made
a
6
party
defendant
in
the
suit
for
the
foreclosure
of
lien.
The
proceedings
for
7
the
enforcement
of
said
lien
shall
conform
as
nearly
as
may
be
to
the
proceed
-
8
ings
provided
by
law
for
the
enforcement
of
loggers'
lien,
or
the
amount
of
9
such
cost
and
penalty
may
be
recovered
by
a
civil
action
for
debt,
prosecuted
10
in
the
name
of
the
state
of
Idaho
pursuant
to
section
58
-
120,
Idaho
Code
,
and
1
1
payable
to
the
state
treasurer
for
deposit
in
the
forest
protection
fund.
12
(4)
The
director
of
the
department
of
lands
shall
not
file
for
record
any
13
lien
against
the
property
of
any
person
who
has
been
issued
a
certificate
of
14
clearance
in
accordance
with
section
38
-
122,
Idaho
Code,
covering
such
prop
-
15
erty.
16
(5)
All
orders
and
directions
issued
by
the
director
of
the
department
17
of
lands,
or
any
fire
warden,
as
required
or
authorized
by
this
section
and
18
section
38
-
122,
Idaho
Code,
shall
be
in
writing
and
made
in
triplicate,
the
19
original
of
which
shall
be
sent
by
registered
mail
or
delivered
by
personal
20
service
to
the
person
to
receive
such
order,
permits
or
directions;
one
(1)
21
copy
shall
be
filed
in
the
office
of
the
director
of
the
department
of
lands;
22
and
one
(1)
copy
shall
be
filed
in
the
district
warden's
file.
23
SECTION
5.
That
Section
38
-
128,
Idaho
Code,
be,
and
the
same
is
hereby
24
amended
to
read
as
follows:
25
38
-
128.
DUTIES
OF
PROSECUTING
ATTORNEYS
AND
ATTORNEY
GENERAL
GENERAL
26
COUNSEL
.
(1)
At
the
discretion
of
the
director
of
the
department
of
lands,
it
27
shall
be
the
duty
of
the
attorney
general
or
the
prosecuting
attorney
of
the
28
county
within
which
such
action
lies,
general
counsel
for
the
department
of
29
lands,
pursuant
to
section
58
-
120,
Idaho
Code,
to
prepare,
upon
information
30
furnished
by
the
director
of
the
department
of
lands
or
the
fire
warden
of
any
31
forest
protective
district,
and
foreclose
all
liens,
other
than
those
pro
-
32
vided
for
in
sections
38
-
111,
38
-
112
and
38
-
113,
Idaho
Code,
and
to
prosecute
33
in
the
name
of
the
state
of
Idaho
all
actions
for
the
recovery
of
penalties
,
34
and
costs
,
and
expenses
incurred
by
the
director
of
the
department
of
lands,
35
his
deputy
,
or
the
district's
fire
warden
of
the
district
in
carrying
out
the
36
provisions
of
this
chapter.
For
the
purposes
of
this
section,
venue
shall
be
37
determined
subject
to
the
terms
of
applicable
Idaho
law
at
the
time
of
the
in
-
38
cident.
Civil
actions
against
nonresidents
of
the
state
shall
be
prosecuted
39
by
the
attorney
general
pursuant
to
section
58
-
120,
Idaho
Code
.
40
(2)
Whenever
any
arrest
shall
have
has
been
made
for
the
violation
of
41
any
provisions
of
this
chapter,
or
whenever
any
evidence,
which
shows
with
42
reasonable
certainty
any
such
violation,
shall
have
has
been
lodged
with
43
him,
the
prosecuting
attorney
of
the
county
in
which
the
criminal
act
was
44
committed
must
shall
prosecute
the
offender
with
all
diligence
and
energy.
45
SECTION
6.
That
Section
38
-
808,
Idaho
Code,
be,
and
the
same
is
hereby
46
amended
to
read
as
follows:
47

6
38
-
808.
RECORDING
LOG
BRANDS
-
-
PENALTY.
(1)
Definitions:
1
(a)
"Person"
includes
the
plural
and
all
corporations,
foreign
and
do
-
2
mestic,
copartnerships,
firms
and
associations
of
persons.
3
(b)
"Forest
products."
For
the
purposes
of
this
section
only,
"forest
4
products"
means
all
products
derived
from
trees
including,
but
not
lim
-
5
ited
to,
saw
logs,
veneer
logs,
poles,
cedar
products,
pulp
logs,
fence
6
posts
,
and
every
form
into
which
a
fallen
tree
may
be
cut
before
it
is
7
manufactured
into
lumber
or
run
through
a
processing
mill
or
cut
into
8
cordwood,
stove
wood
or
hewn
ties.
9
(c)
"Log
brand"
means
a
unique
symbol
or
mark
placed
on
or
in
forest
10
products
for
the
purpose
of
identifying
ownership.
1
1
(2)
Any
owner
of
forest
products
in
the
state
of
Idaho
may
use
thereon
12
any
log
brand,
which
may
be
applied
as
a
stamped
symbol,
log
brand
or
af
-
13
fixed
tag,
not
currently
registered
by
any
other
person
in
the
state;
but
14
before
any
such
log
brand
shall
be
used,
it
shall
be
the
duty
of
such
owner
15
intending
to
use
the
same
to
cause
a
diagram,
and
a
full
and
complete
writ
-
16
ten
description
of
his
log
brand,
signed
by
him,
to
be
submitted
on
"Reg
-
17
istration
of
Log
Brands"
forms
to
the
office
of
the
Idaho
board
of
scaling
18
practices,
who
shall
record
the
same
upon
receipt
of
a
payment
of
twenty
-
19
five
dollars
($25.00),
provided
the
log
brand
is
different
from
any
other
log
20
brand
currently
registered
in
that
office.
It
shall
be
the
duty
of
the
person
21
in
charge
of
the
Idaho
board
of
scaling
practices
office
to
keep
a
record
of
22
all
registered
log
brands,
which
record
shall
at
all
reasonable
times
be
open
23
to
public
inspection.
24
(3)
All
applications
for
log
brands
and/or
renewals
shall
be
submit
-
25
ted
to
and
approved
by
the
Idaho
board
of
scaling
practices
prior
to
use.
26
Such
application
shall
be
made
on
duplicate
log
brand
registration
forms
and
27
shall
include
a
diagram
or
an
impression
of
the
log
brand
stamped
on
the
form,
28
a
written
description
of
the
log
brand
and
be
signed
by
the
person
or
the
29
agent
of
the
person.
The
Idaho
board
of
scaling
practices
may
refuse
to
ap
-
30
prove
any
log
brand
which
is
identical
to
or
closely
resembles
a
currently
31
registered
log
brand.
If
approval
is
denied,
the
applicant
will
select
an
-
32
other
log
brand.
No
person
shall
brand
any
prize
log.
33
(4)
The
expiration
date
for
all
log
brands
registered
prior
to
January
34
1,
1981,
shall
be
February
28,
1994;
the
expiration
date
for
all
log
brands
35
registered
from
January
1,
1981,
through
December
31,
1985,
shall
be
Febru
-
36
ary
28,
1995;
the
expiration
date
for
all
log
brands
registered
from
January
37
1,
1986
through
December
31,
1989,
shall
be
February
28,
1996;
the
expiration
38
date
for
all
log
brands
registered
from
January
1,
1990,
through
December
39
31,
1992,
shall
be
February
28,
1997.
Beginning
January
1,
1993,
renewals
or
40
newly
approved
registrations
shall
expire
on
February
28,
five
(5)
years
af
-
41
ter
the
year
of
registration
or
renewal.
Notification
of
expiration
will
be
42
sent
during
the
month
of
September
of
the
year
preceding
the
expiration
date.
43
A
renewal
fee
of
twenty
-
five
dollars
($25.00)
shall
be
charged
each
time
a
44
log
brand
is
renewed
by
the
same
person.
45
(5)
To
assign
ownership
of
a
currently
registered
log
brand,
the
cur
-
46
rent
registered
owner
of
the
log
brand
shall
file
with
the
Idaho
board
of
47
scaling
practices
a
signed
and
duly
notarized
instrument
on
forms
provided
48
by
the
board.
Such
forms
shall
specify
the
effective
date
of
transfer,
the
49
assignee
and
the
log
brand
to
be
assigned.
A
fee
of
twenty
-
five
dollars
50

7
($25.00)
shall
be
charged
for
each
transfer.
The
transferred
log
brand
will
1
be
issued
a
new
registration
number
and
shall
expire
February
28,
five
(5)
2
years
after
the
year
of
the
transfer.
3
(6)
Any
failure
to
renew
a
log
brand
as
required
by
law
shall
be
deemed
4
an
abandonment
of
the
same.
Abandoned
or
canceled
log
brands
shall
not
be
5
reissued
for
a
period
of
one
(1)
year
unless
the
Idaho
board
of
scaling
prac
-
6
tices
so
authorizes
for
cause.
Any
other
person
may
be
at
liberty
to
adopt
or
7
use
the
abandoned
log
brand;
but
the
other
person
shall
not
claim
or
use
it
8
until
after
it
has
been
registered
in
the
other
person's
own
name
as
provided
9
by
this
section.
10
(6)
(7)
Failure
to
comply
with
the
provisions
of
this
section
shall
be
1
1
deemed
a
violation
of
the
log
brand
law.
Upon
request
of
the
Idaho
board
12
of
scaling
practices
or
its
chairperson,
it
shall
be
the
duty
of
the
attor
-
13
ney
general
general
counsel
for
the
department
of
lands,
pursuant
to
section
14
58
-
120,
Idaho
Code,
to
institute
and
prosecute
civil
enforcement
actions.
15
In
addition,
when
deemed
by
the
board
to
be
necessary,
the
board
may
retain
16
private
counsel
or
the
office
of
the
attorney
general
to
institute
and
pros
-
17
ecute
civil
enforcement
actions.
Any
person
who
has
been
determined
to
have
18
violated
the
provisions
of
this
chapter
shall
be
liable
for
any
expense,
in
-
19
cluding
reasonable
attorney's
fees,
incurred
by
the
state
in
enforcing
the
20
provisions
of
this
chapter.
Any
violation
of
this
section
shall
be
deemed
a
21
misdemeanor
and
any
person,
upon
conviction,
shall
be
sentenced
to
pay
a
fine
22
of
not
less
than
one
hundred
dollars
($100)
nor
more
than
five
hundred
dol
-
23
lars
($500).
24
SECTION
7.
That
Section
38
-
1220A,
Idaho
Code,
be,
and
the
same
is
hereby
25
amended
to
read
as
follows:
26
38
-
1220A.
INSPECTION
-
-
INVESTIGATION
-
-
VIOLATIONS
-
-
ENFORCEMENT
-
-
27
PENALTY.
(a)
The
chairman
of
the
Idaho
board
of
scaling
practices
shall
cause
28
investigations
to
be
made
upon
the
request
of
the
board
or
upon
receipt
of
29
information
concerning
an
alleged
violation
of
this
chapter
or
of
any
rule,
30
order
,
or
license
issued
or
promulgated
thereunder,
and
may
cause
to
be
made
31
such
other
investigations
as
the
chairman
shall
deem
advisable.
32
(b)
The
chairman
or
the
chairman's
designee
shall
have
the
authority
33
to:
34
(1)
Conduct
a
program
of
continuing
surveillance
and
of
regular
or
pe
-
35
riodic
inspection
of
log
scaling
sites.
36
(2)
Enter
at
all
reasonable
times
upon
any
private
or
public
property
37
for
the
purpose
of
inspecting
or
investigating
to
ascertain
possible
38
violations
of
this
chapter
or
of
any
rule,
order
,
or
license
issued
or
39
promulgated
thereunder.
40
(c)
Whenever
the
chairman
determines
that
any
person
or
legal
entity
is
41
in
violation
of
any
provisions
of
this
chapter
or
any
rule,
order
,
or
license
42
issued
or
promulgated
pursuant
to
this
chapter,
the
chairman
may
initiate
43
a
civil
enforcement
action
through
the
attorney
general
and/or
a
criminal
44
action
through
the
prosecuting
attorney
as
provided
in
pursuant
to
section
45
38
-
1221,
Idaho
Code.
Civil
enforcement
actions
shall
be
commenced
and
pros
-
46
ecuted
in
the
district
court
in
and
for
the
county
in
which
the
alleged
vio
-
47
lation
occurred,
and
may
be
brought
against
any
person
or
legal
entity
who
is
48
alleged
to
have
violated
any
provisions
of
this
chapter
or
any
rule,
order
,
49

8
or
license
which
has
become
effective
pursuant
to
this
chapter.
Such
action
1
may
be
brought
to
compel
compliance
with
any
provisions
of
this
chapter
or
2
any
rule,
order
,
or
license
issued
or
promulgated
hereunder
and
for
any
re
-
3
lief
or
remedies
authorized
in
this
chapter.
Except
as
provided
in
section
4
38
-
1218,
Idaho
Code,
the
chairman
shall
not
be
required
to
initiate
or
prose
-
5
cute
an
administrative
action
before
initiating
a
civil
enforcement
action.
6
(d)
Any
person
or
legal
entity
determined
in
a
civil
enforcement
action
7
to
have
violated
any
provision
of
this
chapter
or
any
rule,
order
,
or
license
8
issued
or
promulgated
pursuant
to
this
chapter
shall
be
liable
for
a
civil
9
penalty
not
to
exceed
five
thousand
dollars
($5,000)
per
violation
or
five
10
hundred
dollars
($500)
for
each
day
of
a
continuing
violation,
whichever
is
1
1
greater.
The
method
of
recovery
of
said
penalty
shall
be
by
a
civil
enforce
-
12
ment
action
in
the
district
court
in
and
for
the
county
where
the
violation
13
occurred.
All
civil
penalties
collected
under
this
chapter
shall
be
paid
14
into
the
state
scaling
account.
15
(e)
In
addition
to
such
civil
penalties,
any
person
or
legal
entity
16
who
has
been
determined
to
have
violated
the
provisions
of
this
chapter
or
17
any
rule,
order
,
or
license
issued
or
promulgated
pursuant
to
this
chapter,
18
shall
be
liable
for
any
expense,
including
reasonable
attorney's
fees,
in
-
19
curred
by
the
state
in
enforcing
this
chapter.
20
(f)
No
action
taken
pursuant
to
the
provisions
of
this
chapter
shall
re
-
21
lieve
any
person
or
legal
entity
from
any
civil
action
and
damages
that
may
22
exist
for
damage
resulting
from
any
violation
of
this
chapter
or
any
rule,
23
order
,
or
license
issued
or
promulgated
thereunder.
24
SECTION
8.
That
Section
38
-
1221,
Idaho
Code,
be,
and
the
same
is
hereby
25
amended
to
read
as
follows:
26
38
-
1221.
COMMENCEMENT
OF
CIVIL
ENFORCEMENT
ACTIONS
-
-
CRIMINAL
AC
-
27
TIONS
AND
PENALTIES
AUTHORIZED
-
-
DUTIES
OF
ATTORNEY
GENERAL
AND
PROSECUTING
28
ATTORNEYS
.
(a)
Upon
request
of
the
board
or
the
chairman,
it
shall
be
the
29
duty
of
the
attorney
general
general
counsel
for
the
department
of
lands,
30
pursuant
to
section
58
-
120,
Idaho
Code,
to
institute
and
prosecute
civil
en
-
31
forcement
actions
as
provided
in
section
38
-
1220A,
Idaho
Code.
In
addition,
32
when
deemed
by
the
chairman
to
be
necessary,
the
chairman
may
retain
private
33
counsel
or
the
office
of
the
attorney
general
to
institute
and
prosecute
34
civil
enforcement
actions
as
provided
in
section
38
-
1220A,
Idaho
Code.
35
(b)
In
addition
to
the
above,
any
person
who
shall
practice,
or
offer
to
36
practice
log
scaling
in
this
state
without
being
licensed,
having
a
tempo
-
37
rary
permit
or
being
an
apprentice,
in
accordance
with
the
provisions
of
this
38
act
chapter
or
any
rule,
regulation,
order
,
or
license
issued
or
promulgated
39
thereunder,
or
any
person
who
shall
attempt
to
use
an
expired
or
revoked
cer
-
40
tificate
of
registration
or
practice
at
any
time
during
a
period
the
board
41
has
suspended
or
revoked
his
certificate
of
registration,
or
any
person
who
42
shall
violate
any
of
the
provisions
of
this
act
chapter
or
any
rule,
regu
-
43
lation,
order
,
or
license
issued
or
promulgated
thereunder,
shall
be
guilty
44
of
a
misdemeanor,
and
shall,
upon
conviction,
be
sentenced
to
pay
a
fine
of
45
not
less
than
one
hundred
dollars
($100)
nor
more
than
five
hundred
dollars
46
($500).
A
prosecution
for
a
misdemeanor
under
this
chapter
must
be
commenced
47
by
the
filing
of
the
complaint
or
the
finding
of
an
indictment
within
two
(2)
48
years
after
its
commission.
49

9
(c)
The
attorney
general
of
this
state
or
any
assistant
designated
by
1
him
General
counsel
for
the
department
of
lands
shall
act
as
legal
advisor
of
2
the
board
;
and
all
criminal
.
3
(d)
Criminal
actions
for
violations
of
the
provisions
of
this
act
4
chapter
shall
be
prosecuted
by
the
prosecuting
attorney
of
the
county
or
5
counties
in
which
the
violations
of
the
act
chapter
may
be
committed.
6
SECTION
9.
That
Section
38
-
1307,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
38
-
1307.
NOTICE
OF
VIOLATION
-
-
CEASE
AND
REPAIR
ORDER
-
-
STOP
WORK
OR
-
9
DER
-
-
ENFORCEMENT
PROCEDURES
-
-
REMEDIES
OF
THE
OPERATOR.
(1)
When
the
de
-
10
partment
determines
that
an
operator
violated
any
provision
of
this
chapter
1
1
or
rule,
it
shall
issue
a
notice
of
violation.
The
notice
shall
specify
the
12
nature
of
the
violation
charged
and
any
damage
or
unsatisfactory
condition
13
resulting
from
the
violation.
14
(2)
When
a
notice
of
violation
is
issued
under
this
section,
the
depart
-
15
ment:
16
(a)
May
issue
an
order
directing
the
operator
immediately
to
cease
17
further
violation
and
to
commence
and
continue
repairing
the
damage
or
18
correcting
the
unsatisfactory
condition,
hereinafter
referred
to
as
a
19
"cease
and
repair
order".
20
(b)
If
after
two
(2)
working
days
from
the
delivery
of
a
cease
and
repair
21
order,
the
operator
fails
to
cease
further
violation
and
to
commence
and
22
continue
repairing
the
damage
or
to
enter
into
an
agreement
to
repair
23
pursuant
to
subsection
(2)(d)
of
this
section,
in
compliance
with
the
24
order,
the
department
may
issue
and
serve
an
order
directing
the
opera
-
25
tor
to
cease
all
forest
practices
within
the
contract
area,
hereinafter
26
referred
to
as
a
"stop
work
order".
27
(c)
The
department
may
initiate
the
remedies
set
forth
in
subsection
28
(2)(e)
of
this
section:
29
1.
At
any
time
after
delivery
of
the
stop
work
order,
if
the
opera
-
30
tor
fails
to
immediately
stop
work
in
the
contract
area;
31
2.
After
five
(5)
days
from
the
delivery
of
the
stop
work
order,
if
32
the
operator
fails
to
comply
fully
with
the
cease
and
repair
order;
33
or
34
3.
At
any
time
after
delivery
of
a
notice
of
violation,
if
serious
35
or
irreparable
damage
will
occur
to
land
as
a
result
of
said
viola
-
36
tion,
notwithstanding
any
other
provisions
of
this
chapter.
37
(d)
An
operator
who
has
been
served
with
a
cease
and
repair
order
and
38
who
has
completed
his
work
in
and
removed
all
of
his
equipment
from
the
39
contract
area,
or
who
cannot
enter
upon
the
land
to
repair
the
damage
40
because
of
heavy
snow,
flooding,
or
similar
serious
condition
upon
the
41
land,
may
comply
with
the
order
by
entering
into
an
agreement
with
the
42
department
to
commence
and
thereafter
continue
to
repair
the
damage
43
within
sixty
(60)
days
after
repair
is
practicable
following
heavy
44
snow,
flooding
,
or
similar
serious
condition
upon
the
land.
45
(e)
The
department
shall
initiate
the
following
remedies
in
accordance
46
with
subsection
(2)(c)
of
this
section:
47
1.
The
department
shall
estimate
the
costs
of
repair
of
the
damage
48
and
reasonable
administrative
and
legal
fees
to
be
expended
in
ob
-
49

10
taining
a
judgment
against
the
operator,
and
shall
notify
the
op
-
1
erator,
timber
owner
,
and
landowner
in
writing
of
the
amount
of
the
2
estimate.
3
2.
The
county
attorney
for
the
county
where
the
contract
area
4
is
situated
or
the
attorney
general
general
counsel
for
the
de
-
5
partment
of
lands,
pursuant
to
section
58
-
120,
Idaho
Code,
shall
6
file
an
action
to
enjoin
the
operator's
violations
and
to
recover
7
the
costs
of
repair
and
administrative
and
legal
fees
and/or
to
8
foreclose
a
lien
against
the
operator
as
set
forth
in
subsection
9
(2)(e)3
of
this
section.
Legal
fees
recovered
in
such
an
ac
-
10
tion
shall
accrue
to
the
county
attorney
and
the
attorney
general
1
1
attorneys
according
to
the
proportionate
time
in
which
each
has
12
expended
in
obtaining
the
judgment.
13
3.
A
priority
lien
shall
attach
to
the
real
and
personal
property
14
of
the
operator
upon
delivery
to
the
operator
of
a
stop
work
order
15
for
the
amount
not
to
exceed
the
estimated
costs
of
repair
and
rea
-
16
sonable
administrative
and
legal
fees
to
be
expended
in
foreclos
-
17
ing
the
lien.
A
written
notice
of
the
lien,
containing
a
state
-
18
ment
of
the
estimated
costs
of
repair
and
reasonable
administra
-
19
tive
and
legal
fees,
and
the
names
of
the
parties
against
whom
the
20
lien
attached,
shall
be
certified
under
oath
by
the
department
and
21
filed
in
the
office
of
the
county
clerk
and
recorder
of
the
county
22
or
counties
where
the
real
and
personal
property
of
the
operator
23
is
located
and
where
considered
necessary
to
recover
the
estimated
24
expenditures.
This
lien
shall
be
perfected
upon
filing.
This
lien
25
shall
cease
unless
legal
action
is
instituted
within
one
(1)
year
26
from
the
date
of
filing
of
the
notice
of
the
lien.
27
4.
If
the
operator
is
a
nonresident
who
does
not
own
real
prop
-
28
erty
in
Idaho,
the
department
after
hearing,
may
declare
the
oper
-
29
ator's
bond
forfeited
or
commence
legal
action
against
the
bond
to
30
recover
the
costs
of
repair
and
reasonable
administrative
and
le
-
31
gal
fees.
32
(3)
An
operator
dissatisfied
with
a
stop
work
order
shall
have
thirty
33
(30)
days
after
service
thereof
to
challenge
the
order,
without
administra
-
34
tive
review
thereof,
in
a
court
of
proper
jurisdiction
in
the
county
where
35
the
alleged
damaged
land
is
situated.
In
such
an
action
the
operator
shall
36
bear
the
burden
of
proving
that
the
cease
and
repair
order
and
the
stop
work
37
order
are
without
merit
or
basis;
or
shall
have
ten
(10)
days
after
service
38
thereof
to
request
a
hearing
before
the
board,
to
challenge
the
merit
or
ba
-
39
sis
of
either
or
both
orders.
In
such
an
action,
the
operator
shall
bear
the
40
burden
of
proving
that
the
cease
and
repair
order
and
the
stop
work
order
are
41
without
merit
or
basis.
If
the
board
affirms
the
order(s),
the
operator
may
42
within
thirty
(30)
days
after
the
board's
decision,
appeal
the
decision
to
43
the
district
court
for
the
county
where
the
alleged
damaged
land
is
situated.
44
The
action
in
the
district
court
shall
be
limited
to
appellate
review.
45
(4)
If
a
nonresident
operator
who
does
not
own
real
property
in
the
46
state
of
Idaho
performs
forest
practices
without
first
submitting
a
bond
in
47
compliance
with
section
38
-
1306A,
Idaho
Code,
or
if
an
operator
performs
48
forest
practices
without
first
submitting
notice
to
the
department
in
com
-
49
pliance
with
section
38
-
1306,
Idaho
Code,
the
department
may
immediately
50

11
commence
legal
action
to
enjoin
the
operator
by
temporary
restraining
order
1
or
preliminary
injunction,
and
evoke
through
the
county
attorney
the
misde
-
2
meanor
penalties
of
section
38
-
1310,
Idaho
Code.
The
testimony
under
oath
3
of
a
department
employee
or
forester
that
a
nonresident
operator
who
does
4
not
own
property
in
Idaho
is
performing
forest
practices
without
a
bond
or
5
that
an
operator
is
performing
forest
practices
without
having
first
given
6
notice
to
the
department
shall
constitute
prima
facie
evidence
upon
which,
7
if
unrebutted,
a
district
court
shall
issue
a
temporary
restraining
order
or
8
a
preliminary
injunction
against
the
operator,
to
cease
all
forest
practices
9
in
the
contract
area
until
this
act
has
been
fully
complied
with.
10
(5)
Service
of
a
notice
or
order
under
this
section
shall
be
made
upon
1
1
the
operator
or
his
agent,
representative
or
contractor,
by
personal
deliv
-
12
ery
or
certified
mail.
13
SECTION
10.
That
Section
47
-
314,
Idaho
Code,
be,
and
the
same
is
hereby
14
amended
to
read
as
follows:
15
47
-
314.
OIL
AND
GAS
CONSERVATION
COMMISSION
CREATED
-
-
POWERS
-
-
LIMIT
16
ON
LOCAL
RESTRICTIONS
-
-
ATTORNEY
GENERAL
GENERAL
COUNSEL
.
(1)
There
is
17
hereby
created
an
oil
and
gas
conservation
commission
of
the
state
of
Idaho
18
within
the
department
of
lands.
The
commission
shall
consist
of
a
county
19
commissioner
as
described
in
this
section
and
four
(4)
members
appointed
by
20
the
governor
with
the
advice
and
consent
of
the
senate.
21
(a)
The
county
commissioner
shall
be
from
a
county
where
oil
and
gas
22
are
being
produced
or
have
been
produced
within
the
last
ten
(10)
years
23
and
shall
be
elected
by
a
majority
of
the
county
commissioners
from
such
24
producing
counties.
The
county
commissioner
shall
serve
a
four
(4)
year
25
term.
A
vacancy
shall
be
filled
by
election
for
the
unexpired
term
in
26
the
same
manner
provided
for
election
to
a
full
term.
27
(b)
The
governor
shall
appoint
four
(4)
members
who
shall
serve
at
the
28
pleasure
of
the
governor.
One
(1)
member
shall
be
knowledgeable
in
oil
29
and
gas
matters
and
shall
have
at
least
eight
(8)
years
of
experience
30
in
the
oil
and
gas
industry.
One
(1)
member
shall
be
a
mineral
inter
-
31
est
owner
without
an
oil
and
gas
lease
in
a
county
where
oil
and
gas
have
32
been
produced.
One
(1)
member
shall
be
a
resident
of
Idaho
knowledge
-
33
able
in
land
use
matters
and
shall
have
at
least
five
(5)
years
experi
-
34
ence
in
land
use
matters.
The
term
of
office
of
each
appointed
member
of
35
the
commission
shall
be
four
(4)
years.
A
vacancy
shall
be
filled
by
ap
-
36
pointment
for
the
unexpired
term
in
the
same
manner
provided
for
an
ap
-
37
pointment
to
the
full
term.
38
(2)
The
commission
shall
annually
elect
a
chairman
and
a
vice
chairman
39
from
its
membership.
Such
officers
shall
hold
their
respective
offices
un
-
40
til
their
successors
are
elected.
If
a
vacancy
occurs
in
either
office,
the
41
commission
shall
elect
a
member
to
fill
such
office
for
the
remainder
of
the
42
term.
43
(3)
The
commission
shall
meet
at
least
annually
and
thereafter
on
dates
44
set
by
the
commission.
A
majority
of
the
members
shall
constitute
a
quorum.
45
(4)
The
members
of
the
commission
appointed
by
the
governor
or
selected
46
by
the
county
commissioners
shall
be
compensated
as
provided
in
section
47
59
-
509(n),
Idaho
Code.
48

12
(5)
The
oil
and
gas
administrator
of
the
department
of
lands
shall
be
1
the
secretary
for
the
commission.
2
(6)
The
department
of
lands
shall
have
the
power
to
exercise,
under
the
3
general
control
and
supervision
of
the
commission,
all
of
the
rights,
pow
-
4
ers
,
and
duties
vested
by
law
in
the
commission,
except
those
provided
in
5
sections
47
-
328
and
47
-
329(3),
Idaho
Code.
6
(7)
The
commission
shall
have
and
is
hereby
given
jurisdiction
and
au
-
7
thority
over
all
persons
and
property,
public
and
private,
necessary
to
en
-
8
force
the
provisions
of
this
act
and
shall
have
power
and
authority
to
make
9
and
enforce
rules,
regulations,
and
orders
and
to
do
whatever
may
reasonably
10
be
necessary
to
carry
out
the
provisions
of
this
act.
Any
delegation
of
au
-
1
1
thority
to
any
other
state
officer,
board
,
or
commission
to
administer
any
12
and
all
other
laws
of
this
state
relating
to
the
conservation
of
oil
and
gas
13
is
hereby
rescinded
and
withdrawn
and
such
authority
is
hereby
unqualifiedly
14
conferred
upon
the
commission
as
herein
provided.
The
commission
shall
fol
-
15
low
procedures
on
applications
as
provided
in
section
47
-
328,
Idaho
Code,
16
except
as
provided
in
sections
47
-
316(1)(a)
and
47
-
329(3),
Idaho
Code.
17
(8)
It
is
the
intent
of
the
legislature
to
occupy
the
field
of
the
regu
-
18
lation
of
oil
and
gas
exploration
and
production
with
the
limited
exception
19
of
the
exercise
of
planning
and
zoning
authority
granted
cities
and
counties
20
pursuant
to
chapter
65,
title
67,
Idaho
Code.
21
(9)
To
implement
the
purpose
of
the
oil
and
gas
conservation
act,
and
22
to
advance
the
public
interest
in
the
orderly
development
of
the
state's
oil
23
and
gas
resources,
while
at
the
same
time
recognizing
the
responsibility
of
24
local
governments
to
protect
the
public
health,
safety
,
and
welfare,
it
is
25
herein
provided
that:
26
(a)
The
commission
will
notify
the
respective
city
or
county
with
ju
-
27
risdiction
upon
receipt
of
an
application
and
will
remit,
electroni
-
28
cally,
a
copy
of
all
application
materials.
29
(b)
No
ordinance,
resolution,
requirement
,
or
standard
of
a
city,
30
county
,
or
political
subdivision,
except
a
state
agency
with
author
-
31
ity,
shall
actually
or
operationally
prohibit
the
extraction
of
oil
and
32
gas;
provided
however,
that
extraction
may
be
subject
to
reasonable
33
local
ordinance
provisions,
not
repugnant
to
law,
that
protect
public
34
health,
public
safety,
and
public
order
or
that
prevent
harm
to
public
35
infrastructure
or
degradation
of
the
value,
use
,
and
enjoyment
of
pri
-
36
vate
property.
Any
ordinance
regulating
extraction
enacted
pursuant
37
to
chapter
65,
title
67,
Idaho
Code,
shall
provide
for
administrative
38
permitting
under
conditions
established
by
ordinance,
not
to
exceed
39
twenty
-
one
(21)
days
unless
extended
by
agreement
of
the
parties
or
upon
40
good
cause
shown.
41
(c)
No
ordinance,
resolution,
requirement
,
or
standard
of
a
city,
42
county
,
or
political
subdivision,
except
a
state
agency
with
authority,
43
shall
actually
or
operationally
prohibit
construction
or
operation
44
of
facilities
and
infrastructure
needed
for
the
post
-
extraction
pro
-
45
cessing
and
transport
of
gas
and
oil.
However,
such
facilities
and
46
infrastructure
shall
be
subject
to
local
ordinances,
regulations
,
and
47
permitting
requirements,
not
repugnant
to
law,
as
provided
in
chapter
48
65,
title
67,
Idaho
Code.
49

13
(10)
The
commission
may
sue
and
be
sued
in
its
administration
of
this
act
1
in
any
state
or
federal
district
court
in
the
state
of
Idaho
having
jurisdic
-
2
tion
of
the
parties
or
of
the
subject
matter.
3
(11)
The
attorney
general
general
counsel
for
the
department
of
lands,
4
pursuant
to
section
58
-
120,
Idaho
Code,
shall
act
as
the
legal
advisor
of
5
the
commission
and
represent
the
commission
in
all
court
proceedings,
in
6
all
proceedings
before
the
commission,
and
in
any
proceeding
to
which
the
7
commission
may
be
a
party
before
any
department
of
the
federal
government.
8
The
commission
may
retain
additional
counsel
to
assist
the
attorney
general
9
general
counsel
and,
for
such
purpose,
may
employ
any
funds
available
under
10
this
act.
1
1
SECTION
11.
That
Section
47
-
718,
Idaho
Code,
be,
and
the
same
is
hereby
12
amended
to
read
as
follows:
13
47
-
718.
VIOLATIONS
-
-
REMEDIES
-
-
PENALTIES.
(1)
In
addition
to
any
14
other
penalties
and
remedies
of
this
chapter
and
at
law,
any
person,
firm,
15
or
corporation
who
violates
any
provisions
of
this
chapter
or
rules
adopted
16
pursuant
thereto,
or
who
fails
to
perform
the
duties
imposed
thereby,
or
who
17
violates
any
determination
or
order
thereunder
or
any
violation
of
a
lease
18
granted
under
this
chapter,
the
director
of
the
department
of
lands
may:
19
(a)
Proceed
by
legal
action
in
the
name
of
the
state
of
Idaho
,
pursuant
20
to
section
58
-
120,
Idaho
Code,
to
enjoin
the
violation,
by
temporary
re
-
21
straining
order,
preliminary
injunction
and/or
permanent
injunction.
22
(i)
The
court,
or
a
judge
thereof
at
chambers,
if
satisfied
from
a
23
verified
complaint
or
by
affidavit
that
the
alleged
violation
has
24
been
or
is
being
committed,
may
issue
a
temporary
restraining
or
-
25
der,
without
notice
or
bond,
enjoining
the
defendant,
his
agents,
26
employees,
contractors
and
assigns
from
further
violation,
or
27
from
conducting
exploration
or
mining
on
the
state
lands
affected
28
by
the
violation.
29
(ii)
The
verified
complaint
or
affidavit
that
the
alleged
viola
-
30
tion
has
been
or
is
being
committed
shall
constitute
prima
facie
31
evidence
of
great
or
irreparable
injury
and/or
great
waste
suffi
-
32
cient
to
support
the
temporary
restraining
order.
33
(iii)
The
action
shall
thereafter
proceed
as
in
other
cases
for
34
injunctions.
If
at
the
trial
the
violation
is
established,
the
35
court
shall
enter
a
decree
perpetually
enjoining
said
defendant,
36
his
agents,
employees,
contractors
and
assigns
from
thereafter
37
committing
said
or
similar
violations.
38
(b)
Proceed
by
legal
action
in
the
name
of
the
state
of
Idaho
,
pursuant
39
to
section
58
-
120,
Idaho
Code,
to
obtain
an
order
requiring
the
opera
-
40
tor
to
promptly
repair
the
damage
and
reclaim
the
state
lands
in
accor
-
41
dance
with
the
requirements
of
section
47
-
703A,
Idaho
Code,
and
rules
42
adopted
pursuant
thereto.
If
thereafter
the
court
finds
that
the
opera
-
43
tor
is
not
promptly
complying
with
such
order,
the
court
shall
order
the
44
operator
to
immediately
pay
an
amount
determined
by
the
department
to
45
be
the
anticipated
cost
of
reasonable
repair
and
reclamation
in
accor
-
46
dance
with
section
47
-
703A(4),
Idaho
Code,
and
rules
adopted
pursuant
47
thereto.
48

14
(c)
Proceed
to
forfeit
the
operator's
bond
required
by
section
1
47
-
703A(1),
47
-
704(6)
or
47
-
708,
Idaho
Code.
The
board
may
cause
to
2
have
issued
and
served
upon
the
operator
alleged
to
be
committing
such
3
violation,
a
formal
complaint
which
includes
a
statement
of
the
man
-
4
ner
in
and
the
extent
to
which
said
operator
is
alleged
to
be
violating
5
the
provisions
of
this
act.
Such
complaint
may
be
served
by
certified
6
mail,
and
return
receipt
signed
by
the
lessee,
an
officer
of
a
corporate
7
lessee,
or
the
designated
agent
of
the
lessee
shall
constitute
service.
8
The
lessee
shall
answer
the
complaint
and
request
a
hearing
before
a
9
designated
hearing
officer
within
thirty
(30)
days
from
receipt
of
the
10
complaint
if
matters
asserted
in
the
complaint
are
disputed.
If
the
1
1
lessee
fails
to
answer
the
complaint
and
request
a
hearing,
the
matters
12
asserted
in
the
complaint
shall
be
deemed
admitted
by
the
lessee,
and
13
the
board
may
proceed
to
forfeit
the
bond
in
the
amount
necessary
to
re
-
14
claim
affected
lands
and
pay
for
any
outstanding
royalties
and
related
15
administrative
costs.
The
director
of
the
department
of
lands
is
empow
-
16
ered
to
issue
subpoenas.
The
hearing
shall
be
conducted
in
accordance
17
with
chapter
52,
title
67,
Idaho
Code.
The
hearing
officer
shall
enter
18
an
order
in
accordance
with
chapter
52,
title
67,
Idaho
Code.
Appeal
to
19
a
district
court
shall
be
in
accordance
with
chapter
52,
title
67,
Idaho
20
Code.
21
(d)
Cancel
the
lease
in
accordance
with
section
47
-
707,
Idaho
Code.
22
(2)
In
addition
to
the
injunctive
remedies
of
subsection
(1)(a)
of
this
23
section
,
the
director
may
:
24
(a)
Proceed
in
the
first
instance
by
legal
action
in
the
name
of
the
25
state
of
Idaho
,
pursuant
to
section
58
-
120,
Idaho
Code,
to
recover
from
26
an
operator
who
,
without
bond
,
has
conducted
or
is
conducting
explo
-
27
ration
with
heavy
equipment
on
state
lands,
including
lands
between
the
28
ordinary
high
watermarks
of
navigable
rivers,
the
cost
of
repairing
29
damage
to
and
reclaiming
the
affected
state
lands
in
accordance
with
30
section
47
-
703A(4),
Idaho
Code,
and
rules
adopted
pursuant
thereto;
or
31
if
the
bond
on
file
with
the
department
of
lands
is
not
sufficient
to
32
adequately
reclaim
the
affected
state
lands,
to
recover
the
cost
in
ex
-
33
cess
of
the
bond
to
reclaim
the
affected
state
lands
in
accordance
with
34
section
47
-
703A(4),
Idaho
Code,
and
rules
adopted
pursuant
thereto.
35
(b)
Proceed
by
legal
action
in
the
name
of
the
state
of
Idaho
,
pursuant
36
to
section
58
-
120,
Idaho
Code,
to
recover
from
an
operator
who
has
re
-
37
moved
minerals
in
commercial
quantities
from
state
lands,
including
38
lands
between
the
ordinary
high
watermarks
of
navigable
rivers,
in
vio
-
39
lation
of
the
provisions
of
section
47
-
717,
Idaho
Code,
damages
in
the
40
amount
of
the
prevailing
royalty
rate
set
by
the
board
of
land
commis
-
41
sioners
for
the
particular
mineral
removed
plus
interest
from
the
date
42
of
removal
at
the
legal
rate
of
interest
due
on
money
judgments
set
by
43
the
Idaho
state
treasurer
pursuant
to
section
28
-
22
-
104,
Idaho
Code,
44
from
the
date
of
removal
to
judgment.
45
(3)
In
addition
to
any
other
penalties
or
injunctive
remedies
of
this
46
chapter,
any
person,
firm,
or
corporation
who
violates
any
of
the
provisions
47
of
this
chapter
or
rules
adopted
pursuant
thereto,
or
who
fails
to
perform
48
the
duties
imposed
by
these
provisions,
or
who
violates
any
determination
or
49
order
promulgated
pursuant
to
the
provisions
of
this
chapter,
shall
be
li
-
50

15
able
to
a
civil
penalty
of
not
less
than
one
hundred
dollars
($100)
nor
more
1
than
one
thousand
dollars
($1,000)
for
each
day
during
which
any
provision
of
2
this
chapter,
rule
or
order
has
been
or
is
being
violated.
All
sums
recovered
3
shall
be
credited
to
the
general
fund.
4
(4)
An
appeal
from
a
final
judgment
of
the
district
court
shall
be
taken
5
in
the
manner
provided
by
law
for
appeals
in
civil
cases.
6
SECTION
12.
That
Section
47
-
1317,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
47
-
1317.
APPLICATION,
PERMIT
,
AND
BOND
REQUIRED.
(a)
Before
any
per
-
9
son
may
conduct
a
placer
or
dredge
mining
operation
on
lands
or
natural
wa
-
10
tercourses
in
the
state
of
Idaho,
such
person
shall
file
with
the
director
1
1
an
application
for
a
permit
upon
a
form
provided
by
the
director,
and
shall
12
pay
an
application
fee
of
fifty
dollars
($50.00),
for
each
ten
(10)
acres
or
13
fraction
thereof
above
involved
in
such
application,
provided
that
no
ap
-
14
plication
fee
shall
exceed
one
thousand
dollars
($1,000).
Application
fees
15
shall
be
deposited
in
the
dredge
and
placer
mining
account.
16
(b)
The
permit
to
issue
in
any
such
case
shall
be
in
a
form
provided
and
17
approved
by
the
board.
No
such
permit
shall
be
issued
to
any
applicant
until
18
the
applicant
files
with
the
director
an
initial
bond
in
an
amount
necessary
19
to
pay
the
estimated
reasonable
costs
of
reclamation
required
under
the
per
-
20
mit
for
each
acre
of
land
to
be
disturbed
during
the
first
season
of
operation
21
plus
ten
percent
(10%).
The
amount
of
the
bond
shall
not
exceed
one
thou
-
22
sand
eight
hundred
dollars
($1,800)
per
acre
of
disturbed
land.
At
the
be
-
23
ginning
of
each
calendar
year
or
before
operations
begin,
the
operator
shall
24
notify
the
director
of
any
increase
or
decrease
in
the
acreage
of
disturbed
25
lands
which
will
result
from
planned
placer
mining
activity
within
the
next
26
operating
season.
A
correlated
increase
or
decrease
in
the
bond
shall
be
re
-
27
quired
by
the
director
for
a
change
in
disturbed
acreage.
In
the
event
of
28
failure
by
the
permittee
to
reclaim
disturbed
lands
in
the
permit
area,
the
29
cost
charged
to
the
permittee
shall
be
reasonable
costs
of
reclamation
plus
30
ten
percent
(10%);
provided
that
,
in
no
event
shall
any
bond
submitted
pur
-
31
suant
to
this
section
exceed
one
thousand
eight
hundred
dollars
($1,800)
for
32
any
given
acre
of
disturbed
land.
The
determination
by
the
board
of
recla
-
33
mation
costs
shall
constitute
a
final
decision
subject
to
judicial
review
34
as
set
forth
in
subsection
(d)
of
section
47
-
1320,
Idaho
Code.
The
bond
may
35
be
submitted
in
the
form
of
a
surety,
cash,
certificate
of
deposit,
or
other
36
bond
acceptable
to
the
director,
provided
that
any
bond
shall
be
in
the
ap
-
37
plicable
amount
set
forth
above.
38
(c)
It
shall
be
unlawful
for
any
person
to
conduct
placer
or
dredge
min
-
39
ing
operations
in
this
state
without
first
having
obtained
a
permit
and
bond
40
as
herein
provided.
The
board
shall
determine
whether
a
permit
application
41
and
bond
submitted
by
an
applicant
satisfies
the
requirements
of
this
act
42
chapter
and
regulations
promulgated
thereto.
Upon
such
determination,
the
43
board
shall
notify
the
applicant
in
writing
of
approval
or
denial
of
the
per
-
44
mit
application
and
bond.
Any
notice
of
rejection
shall
state
the
reasons
45
for
such
rejection.
An
applicant
may
submit
an
amended
permit
application
46
and
bond.
47
(d)
It
shall
be
the
duty
of
the
board
in
its
administration
of
this
act
48
chapter
to
cause
periodic
inspections
to
be
made
of
the
operations
under
such
49

16
permits
to
determine
compliance
with
this
law
and
to
make
rules
and
regula
-
1
tions
with
respect
thereto
and
the
cost
and
expense
of
making
such
inspec
-
2
tions
shall
be
borne
by
the
permittee,
which
such
costs
and
expenses
shall
3
constitute
a
lien
upon
equipment,
personal
property,
or
real
property
of
the
4
permittee
and
upon
minerals
produced
from
the
permit
area,
and
the
failure
5
to
pay
the
amount
thereof
on
demand
by
the
board
shall
be
cause
for
termina
-
6
tion
of
the
permit.
All
inspection
fees
shall
be
deposited
in
the
dredge
and
7
placer
mining
account.
8
(e)
The
board
may
release
an
applicant
from
the
requirement
that
the
ap
-
9
plicant
submit
a
bond
if
the
director
determines
that
the
applicant
has
in
-
10
sured
faithful
performance
of
the
requirements
of
this
act
chapter
and
reg
-
1
1
ulations
promulgated
thereto
pertinent
to
land
and
watercourse
restoration
12
by
submitting
and
having
on
file
a
current
and
valid
bond
with
the
United
13
States
government,
which
bond
equals
or
exceeds
the
amount
set
forth
above,
14
provided
that
such
release
by
the
director
shall
not
release
an
applicant
15
from
bonding
under
this
act
chapter
,
should
the
permittee
fail
to
continu
-
16
ously
maintain
a
valid
bond
with
the
United
States
government
or
from
compli
-
17
ance
with
any
other
requirement
of
this
act
chapter
or
regulations
promul
-
18
gated
thereto.
19
(f)
Upon
determination
by
the
director
that
restoration
has
been
satis
-
20
factorily
completed
on
a
portion
of
a
permit
area
in
accordance
with
the
ap
-
21
plicable
approved
permit
and
with
subsection
(a)
of
section
47
-
1314,
Idaho
22
Code,
the
board
may
reduce
the
bond
amount
to
reflect
the
completed
restora
-
23
tion.
24
(g)
That
if
If
any
applicant
for
such
dredge
or
other
placer
mining
op
-
25
erations
as
contemplated
by
this
act
chapter
be
not
the
owner
of
the
lands
de
-
26
scribed
in
the
application
or
any
part
thereof,
the
owner
of
such
lands
shall
27
indorse
his
approval
of
the
application,
and
no
permit
shall
be
issued
in
the
28
absence
of
such
approval
by
the
owner
of
lands
described
in
the
application
29
not
owned
by
the
applicant.
30
(h)
No
permit
shall
be
issued
proposing
to
alter
or
occupy
the
bed
of
a
31
navigable
stream
or
to
dredge
any
stream
or
watercourse
without
notification
32
to
the
director
first
notifying
the
department
of
water
resources
of
the
33
pending
application.
The
department
of
water
resources
shall
respond
to
34
said
notification
within
twenty
(20)
days,
and
the
response
shall
be
in
-
35
cluded
in
any
permit
granted
hereunder
by
a
showing
whether
the
permit
36
constitutes
a
permit
from
the
department
of
water
resources
or
whether
an
37
additional
permit
from
the
department
of
water
resources
shall
be
required.
38
(i)
No
permit
shall
issue
hereunder
to
dredge
nor
otherwise
placer
39
mine
any
lands
owned
by
the
state
of
Idaho,
including
the
beds
of
navigable
40
streams,
and
including
the
mineral
reservations
in
lands
sold
by
the
state,
41
unless
a
mineral
lease
shall
be
made
of
such
terms
and
at
such
royalty
to
the
42
state
as
its
board
of
state
land
commissioners
shall
prescribe
and
deter
-
43
mine.
44
(j)
The
Idaho
state
board
of
land
commissioners
shall
have
the
power
to
45
deny
any
application
for
a
permit
on
state
land,
stream
or
river
beds,
or
on
46
any
unpatented
mining
claims,
upon
its
determination
that
a
dredge
mining
47
operation
on
the
land
proposed
would
not
be
in
the
public
interest,
giving
48
consideration
to
economic
factors,
recreational
use
for
such
lands,
fish
and
49
wildlife
habitat
,
and
other
factors
which
in
the
judgment
of
the
state
land
50

17
board
may
be
pertinent,
and
may
deny
an
application
upon
notification
by
the
1
department
of
water
resources
that
the
grant
of
such
permit
would
result
in
2
permanent
damage
to
a
stream
channel.
3
(k)
Upon
default,
in
the
event
that
the
amount
of
the
bond
is
insuffi
-
4
cient
to
reclaim
the
land
in
compliance
with
the
act
this
chapter
and
the
ap
-
5
proved
plan,
the
attorney
general
is
empowered
to
commence
legal
action
may
6
be
commenced,
pursuant
to
section
58
-
120,
Idaho
Code,
against
the
operator
,
7
in
the
name
of
the
board
,
to
recover
the
amount
in
excess
of
the
bond
neces
-
8
sary
to
reclaim
the
land
in
compliance
with
the
act
this
chapter
and
the
ap
-
9
proved
plan.
10
SECTION
13.
That
Section
47
-
1324,
Idaho
Code,
be,
and
the
same
is
hereby
1
1
amended
to
read
as
follows:
12
47
-
1324.
ENFORCEMENT
AND
PENALTIES
FOR
VIOLATION.
(a)
The
board
may
13
maintain
an
action
in
the
name
of
the
state
of
Idaho
to
enjoin
any
person
from
14
operating
or
maintaining
a
placer
or
dredge
mining
operation
without
hold
-
15
ing
a
valid
permit
or
bond
as
provided
in
this
act
chapter
or
regulations
16
promulgated
thereto.
The
court,
or
a
judge
thereof
at
chambers,
if
satis
-
17
fied
from
a
complaint
or
by
affidavits
that
the
alleged
acts
have
been
or
18
are
being
committed,
may
issue
a
temporary
restraining
order,
without
no
-
19
tice
or
bond,
enjoining
the
defendant,
his
agents
and
employees,
from
oper
-
20
ating
or
maintaining
such
placer
or
dredge
mining
operation
without
obtain
-
21
ing
a
permit
and
bond
as
provided
in
this
act
chapter
or
regulations
promul
-
22
gated
thereto.
No
showing
of
injury
shall
be
required
other
than
that
this
23
act
chapter
is
being
violated
by
the
operation
or
maintenance
of
a
placer
or
24
dredge
mining
operation
without
the
approved
permit
and
bond.
Upon
a
show
-
25
ing
of
good
cause
therefor,
the
court
may
require
the
defendant
to
undertake
26
mitigation
or
restoration
of
the
disturbed
area
in
conformity
with
section
27
47
-
1314,
Idaho
Code,
pending
final
disposition
of
the
action.
The
action
28
shall
proceed
as
in
other
cases
for
injunctions.
If
at
the
trial
the
oper
-
29
ation
and
maintenance
of
a
placer
or
dredge
mining
operation
without
a
per
-
30
mit
or
bond
be
established,
and
the
court
further
finds
that
it
is
probable
31
that
the
defendant
will
continue
therein
or
in
similar
violations,
the
court
32
shall
enter
a
decree
perpetually
enjoining
said
defendant,
his
agents
and
33
employees
from
thereafter
committing
said
or
similar
actions
in
violation
of
34
this
act
chapter
.
35
(b)
The
board
may
maintain
an
action
in
the
name
of
the
state
of
Idaho
36
to
enjoin
any
person
from
operating
or
maintaining
a
placer
or
dredge
mining
37
operation
when,
under
an
existing
approved
permit
and
bond,
a
permittee
vi
-
38
olates
or
exceeds
the
terms
of
the
permit
or
violates
a
provision
of
this
act
39
chapter
,
and
the
bond,
if
forfeited,
would
not
be
sufficient
to
adequately
40
restore
the
land.
41
(c)
In
addition
to
the
injunctive
provisions
above,
the
board
may
main
-
42
tain
a
civil
action
against
any
person
who
violates
any
provision
of
this
act
43
chapter
to
collect
civil
damages
in
an
amount
sufficient
to
pay
for
all
the
44
damages
to
the
state
caused
by
such
violation,
including
but
not
limited
to,
45
costs
of
restoration
in
accordance
with
section
47
-
1314,
Idaho
Code,
where
46
a
person
is
conducting
placer
or
dredge
mining
without
an
approved
permit
or
47
bond.
48

18
(d)
Notwithstanding
any
other
provisions
of
this
act
chapter
,
any
per
-
1
son
who
violates
any
of
the
provisions
of
this
act
chapter
or
regulations
2
promulgated
thereto,
or
who
violates
any
determination
or
order
promul
-
3
gated
pursuant
to
the
provisions
of
this
act
chapter
,
shall
be
liable
for
4
a
civil
penalty
of
not
less
than
five
hundred
dollars
($500)
nor
more
than
5
two
thousand
five
hundred
dollars
($2,500)
for
each
day
during
which
such
6
violation
continues.
Such
penalty
shall
be
recoverable
in
an
action
brought
7
in
the
name
of
the
state
of
Idaho
by
the
attorney
general
pursuant
to
section
8
58
-
120,
Idaho
Code
.
All
sums
recovered
shall
be
placed
in
the
state
treasury
9
and
credited
to
the
dredge
and
placer
mining
account,
to
be
administered
by
10
the
board
for
the
restoration
of
lands
and
watercourses
damaged
by
placer
or
1
1
dredge
mining
operations.
12
(e)
No
administrative
action
or
decision
by
the
director
or
board
shall
13
be
required
prior
to
enforcement
of
any
of
the
above
remedies,
provided
that
14
no
permit
shall
be
terminated
and
no
bond
shall
be
forfeited
without
admin
-
15
istrative
action
as
provided
under
sections
47
-
1318
and
47
-
1319,
Idaho
Code.
16
No
administrative
action
or
decision
by
the
Idaho
board
of
health
and
welfare
17
shall
be
required
prior
to
enforcement
of
any
of
the
above
remedies
by
the
18
state
of
Idaho
against
any
person
violating
section
47
-
1315,
Idaho
Code.
19
(f)
Any
person
who
wilfully
or
knowingly
falsifies
any
records,
plans,
20
specifications,
or
other
information
required
by
the
board
or
wilfully
21
fails,
neglects,
or
refuses
to
comply
with
any
provisions
of
this
act
chapter
22
shall
be
guilty
of
a
misdemeanor
punishable
by
a
fine
of
not
less
than
one
23
thousand
dollars
($1,000)
and
not
more
than
five
thousand
dollars
($5,000)
24
or
imprisonment
not
to
exceed
one
(1)
year,
or
both.
25
(g)
All
civil
actions
provided
for
in
this
section
shall
be
filed
in
the
26
district
court
of
this
state
for
the
county
wherein
the
violation,
or
some
27
part
thereof,
occurs,
or
in
the
district
court
for
the
county
wherein
the
28
defendant
resides
or
has
a
principal
place
of
business,
or
in
the
district
29
court
for
the
county
of
Ada
if
the
defendant
resides
out
-
of
-
state,
or
in
the
30
appropriate
court
of
the
United
States
where
the
rules
and
statutes
govern
-
31
ing
such
courts
permit.
32
SECTION
14.
That
Section
47
-
1513,
Idaho
Code,
be,
and
the
same
is
hereby
33
amended
to
read
as
follows:
34
47
-
1513.
OPERATOR'S
FAILURE
TO
COMPLY
-
-
FORFEITURE
OF
FINANCIAL
AS
-
35
SURANCE
-
-
PENALTIES
-
-
RECLAMATION
FUND
-
-
CYANIDATION
CLOSURE
FUND.
(a)
36
Whenever
the
board
determines
that
an
operator
has
not
complied
with
the
pro
-
37
visions
of
this
chapter,
the
board
may
notify
the
operator
of
such
noncompli
-
38
ance
and
may,
by
private
conference,
conciliation,
and
persuasion,
endeavor
39
to
remedy
such
violation.
In
the
event
of
a
violation
referred
to
in
subsec
-
40
tions
(d)
and
(e)
of
this
section,
the
board
may
proceed
without
an
adminis
-
41
trative
action,
hearing
,
or
decision
to
exercise
the
remedies
set
forth
in
42
said
subsections.
Additionally,
no
administrative
action,
hearing
,
or
de
-
43
cision
shall
be
required
from
the
Idaho
board
of
environmental
quality
prior
44
to
the
board
proceeding
under
subsections
(d)
and
(e)
of
this
section.
In
the
45
event
of
the
failure
of
any
conference,
conciliation
,
and
persuasion
to
rem
-
46
edy
any
alleged
violation,
the
board
may
cause
to
have
issued
and
served
upon
47
the
operator
alleged
to
be
committing
such
violation
a
formal
complaint
that
48
shall
specify
the
provisions
of
this
chapter
that
the
operator
allegedly
is
49

19
violating
and
a
statement
of
the
manner
in
and
the
extent
to
which
said
op
-
1
erator
is
alleged
to
be
violating
the
provisions
of
this
chapter.
Such
com
-
2
plaint
may
be
served
by
certified
mail
,
and
a
.
A
return
receipt
signed
by
the
3
operator,
an
officer
of
a
corporate
operator,
or
the
designated
agent
of
the
4
operator
shall
constitute
service.
The
operator
shall
answer
the
complaint
5
and
request
a
hearing
before
a
designated
hearing
officer
within
thirty
(30)
6
days
from
receipt
of
the
complaint
if
matters
asserted
in
the
complaint
are
7
disputed.
If
the
operator
fails
to
answer
the
complaint
and
request
a
hear
-
8
ing,
the
matters
asserted
in
the
complaint
shall
be
deemed
admitted
by
the
9
operator,
and
the
board
may
proceed
to
cancel
the
reclamation
or
permanent
10
closure
plan
and
forfeit
the
financial
assurance
in
the
amount
necessary
to
1
1
reclaim
affected
lands
or
complete
the
permanent
closure
activities.
Upon
12
request
for
a
hearing
by
an
operator,
the
board
shall
schedule
a
hearing
be
-
13
fore
a
hearing
officer
appointed
by
the
board
at
a
time
not
less
than
thirty
14
(30)
days
after
the
date
the
operator
requests
a
hearing.
The
board
shall
is
-
15
sue
subpoenas
at
the
request
of
the
director
of
the
department
of
lands
and
at
16
the
request
of
the
charged
operator,
and
the
matter
shall
be
otherwise
han
-
17
dled
and
conducted
in
accordance
with
chapter
52,
title
67,
Idaho
Code.
The
18
hearing
officer
shall,
pursuant
to
said
hearing,
enter
an
order
in
accor
-
19
dance
with
chapter
52,
title
67,
Idaho
Code,
which,
if
adverse
to
the
opera
-
20
tor,
shall
designate
a
time
period
within
which
corrective
action
should
be
21
taken.
The
time
period
designated
shall
be
long
enough
to
allow
the
opera
-
22
tor,
in
the
exercise
of
reasonable
diligence,
to
rectify
any
failure
to
com
-
23
ply
designated
in
said
order.
In
the
event
that
the
operator
takes
such
ac
-
24
tion
as
is
necessary
to
comply
with
the
order
within
the
time
period
desig
-
25
nated
in
said
order,
no
further
action
shall
be
taken
by
the
board
to
compel
26
performance
under
the
chapter.
27
(b)
Upon
request
of
the
board,
the
attorney
general
shall
institute
28
proceedings
to
have
the
financial
assurance
of
an
operator
forfeited
for
the
29
violation
by
the
operator
of
an
order
entered
pursuant
to
this
section
legal
30
proceedings
shall
be
initiated,
pursuant
to
section
58
-
120,
Idaho
Code,
to
31
have
an
operator's
financial
assurance
forfeited
for
a
violation
of
an
order
32
entered
pursuant
to
this
chapter
.
33
(c)
The
forfeiture
of
such
financial
assurance
shall
fully
satisfy
34
all
obligations
of
the
operator
to
reclaim
the
affected
land
or
complete
35
permanent
closure
activities
under
the
provisions
of
this
chapter.
If
the
36
violation
involves
an
operator
that
has
not
furnished
financial
assurance
37
required
by
this
chapter,
or
an
operator
that
is
not
required
to
furnish
38
financial
assurance
pursuant
to
this
chapter,
or
an
operator
who
violates
39
this
chapter
by
performing
an
act
not
included
in
the
original
approved
40
reclamation
plan
or
the
original
approved
permanent
closure
plan,
and
such
41
departure
from
the
plan
is
not
subsequently
approved,
such
operator
shall
42
be
subject
to
a
civil
penalty
for
his
failure
to
comply
with
such
order
in
43
the
amount
determined
by
the
board
to
be
the
anticipated
cost
of
reason
-
44
able
reclamation
of
affected
lands
or
permanent
closure
of
the
cyanidation
45
facility.
Nothing
in
this
subsection
shall
relieve
the
operator
of
any
obli
-
46
gation,
including
the
obligation
to
complete
closure
requirements,
pursuant
47
to
a
permit
issued
by
the
department
of
environmental
quality
under
section
48
39
-
118A,
Idaho
Code,
or
limit
that
department's
authority
to
require
compli
-
49
ance
with
such
permit
requirements.
50

20
(d)
Notwithstanding
any
other
provisions
of
this
chapter,
the
board
may
1
commence
an
action
without
financial
assurance
or
undertaking,
in
the
name
2
of
the
state
of
Idaho
pursuant
to
section
58
-
120,
Idaho
Code
,
to
enjoin
any
3
operator
who
is
conducting
operations
without
an
approved
plan
required
by
4
section
47
-
1506,
Idaho
Code,
or
without
the
financial
assurance
required
by
5
this
chapter.
The
court,
or
a
judge
thereof
at
chambers,
if
satisfied
from
6
the
complaint
or
by
affidavits
that
such
acts
have
been
or
are
being
commit
-
7
ted,
shall
issue
a
temporary
restraining
order
without
notice
or
bond,
en
-
8
joining
the
defendant,
his
agents,
and
employees
from
conducting
such
op
-
9
erations
without
said
plan
or
bond.
Upon
a
showing
of
good
cause
therefor,
10
the
temporary
restraining
order
may
require
the
defendant
to
perform
recla
-
1
1
mation
of
the
mined
area
in
conformity
with
sections
47
-
1509
and
47
-
1510,
12
Idaho
Code,
or
to
complete
permanent
closure
activities,
pending
final
dis
-
13
position
of
the
action.
The
action
shall
then
proceed
as
in
other
cases
for
14
injunctions.
If
it
is
established
at
trial
that
the
defendant
has
operated
15
without
an
approved
plan
or
financial
assurance,
the
court
shall
enter,
in
16
addition
to
any
other
order,
a
decree
enjoining
the
defendant,
his
agents
and
17
employees
from
thereafter
conducting
such
activities
or
similar
actions
in
18
violation
of
this
chapter.
The
board
may,
in
conjunction
with
its
injunc
-
19
tive
procedures,
proceed
in
the
same
or
in
a
separate
action
to
recover
from
20
an
operator
who
is
conducting
mining
or
exploration
operations
or
operating
21
a
cyanidation
facility
without
the
required
plan
or
financial
assurance,
the
22
cost
of
performing
the
reclamation
activities
required
by
sections
47
-
1509
23
and
47
-
1510,
Idaho
Code,
or
the
cost
of
permanent
closure
activities
from
any
24
such
operator
who
has
not
provided
financial
assurance
to
cover
the
cost
of
25
the
required
activities.
26
(e)
Notwithstanding
any
other
provision
of
this
chapter,
the
board
may,
27
without
bond
or
undertaking
and
without
any
administrative
action,
hearing
28
or
decision,
commence
an
action
in
the
name
of
the
state
of
Idaho
(1)
to
legal
29
action
pursuant
to
section
58
-
120,
Idaho
Code,
to:
enjoin
a
permitted
mining
30
operation
or
cyanidation
facility
when,
under
an
existing
approved
plan,
an
31
operator
violates
the
terms
of
the
plan
and
where
immediate
and
irreparable
32
injury,
loss
or
damage
may
result
to
the
state
,
;
and
(2)
to
recover
the
penal
-
33
ties
and
to
collect
civil
damages
provided
for
by
law.
34
(f)
In
addition
to
the
procedures
set
forth
in
subsections
(a),
(d)
and
35
(e)
of
this
section,
and
in
addition
to
the
civil
penalty
provided
in
subsec
-
36
tion
(c)
of
this
section,
any
operator
who
violates
any
of
the
provisions
of
37
this
chapter
or
rules
adopted
pursuant
thereto,
or
who
fails
to
perform
the
38
duties
imposed
by
these
provisions,
or
who
violates
any
determination
or
or
-
39
der
promulgated
pursuant
to
the
provisions
of
this
chapter,
shall
be
liable
40
to
a
civil
penalty
of
not
less
than
five
hundred
dollars
($500)
nor
more
than
41
two
thousand
five
hundred
dollars
($2,500)
for
each
day
during
which
such
vi
-
42
olation
continues,
and
in
addition
may
be
enjoined
from
continuing
such
vio
-
43
lation.
Such
penalties
shall
be
recoverable
in
an
action
brought
in
the
name
44
of
the
state
of
Idaho
by
the
attorney
general
pursuant
to
section
58
-
120,
45
Idaho
Code,
in
the
district
court
for
the
county
where
the
violation,
or
some
46
part
thereof,
occurs,
or
in
the
district
court
for
the
county
wherein
the
de
-
47
fendant
resides.
48
(1)
All
sums
recovered
related
to
the
reclamation
provisions
of
this
49
chapter
shall
be
placed
in
the
state
treasury
and
credited
to
the
min
-
50

21
ing
reclamation
fund,
which
is
hereby
created,
to
be
used
to
reclaim
af
-
1
fected
lands
and
to
administer
the
reclamation
provisions
of
this
chap
-
2
ter.
3
(2)
All
sums
recovered
related
to
the
cyanidation
facility
closure
pro
-
4
visions
of
this
chapter
shall
be
placed
in
the
state
treasury
and
cred
-
5
ited
to
the
cyanidation
facility
closure
fund,
which
is
hereby
created.
6
Moneys
in
the
fund
may
be
expended
pursuant
to
appropriation
and
used
to
7
complete
permanent
closure
activities
and
to
administer
the
permanent
8
closure
provisions
of
this
chapter.
9
(g)
Any
person
who
willfully
and
knowingly
falsifies
any
records,
in
-
10
formation,
plans,
specifications,
or
other
data
required
by
the
board
or
1
1
willfully
fails,
neglects,
or
refuses
to
comply
with
any
of
the
provisions
of
12
this
chapter
shall
be
guilty
of
a
misdemeanor
and
shall
be
punished
by
a
fine
13
of
not
less
than
one
thousand
dollars
($1,000)
and
not
more
than
five
thou
-
14
sand
dollars
($5,000)
or
imprisonment
not
to
exceed
one
(1)
year,
or
both.
15
(h)
Reclamation
plans
approved
by
the
board
as
of
July
1,
2019,
shall
be
16
deemed
to
be
in
full
compliance
with
the
requirements
of
this
chapter.
17
SECTION
15.
That
Section
58
-
120,
Idaho
Code,
be,
and
the
same
is
hereby
18
amended
to
read
as
follows:
19
58
-
120.
GENERAL
COUNSEL
TO
REPRESENT
THE
DEPARTMENT
OF
LANDS.
(1)
20
Counsel
to
the
department
of
lands
shall
be
provided
by
an
attorney
hired
21
by
the
director
of
the
department
of
lands
subject
to
approval
by
the
state
22
land
board.
Such
counsel
shall
be
independent
of
the
office
of
the
attorney
23
general
but
may
consult
with
the
office
of
the
attorney
general
as
determined
24
by
the
counsel.
Such
counsel
shall
be
The
director
of
the
department
of
lands
25
shall
hire
a
licensed
attorney,
subject
to
approval
by
the
state
board
of
26
land
commissioners,
who
shall
be
known
and
designated
the
as
general
counsel
27
for
the
department
of
lands.
28
(2)
General
counsel
shall:
29
(a)
Provide
all
legal
services
for
the
department
and
represent
the
de
-
30
partment
in
all
courts
and
before
all
administrative
tribunals
or
bod
-
31
ies
of
any
nature;
32
(b)
Upon
the
request
of
the
board,
provide
all
legal
services
for
the
33
board
and
represent
the
board
in
all
courts
and
before
all
administra
-
34
tive
tribunals
or
bodies
of
any
nature;
and
35
(c)
Be
independent
from
the
office
of
the
attorney
general
but
may
con
-
36
sult
or
contract
with
the
office
of
the
attorney
general,
as
is
deter
-
37
mined
to
be
necessary
by
general
counsel.
38
(2)
(3)
General
counsel
may
hire
employ
additional
attorneys
or
con
-
39
tract
with
the
office
of
the
attorney
general
as
necessary.
Nothing
in
this
40
section
shall
preclude
the
department
of
lands
from
hiring
counsel
separate
41
from
the
general
counsel
,
as
is
necessary,
to
effectuate
the
purposes
of
this
42
section
.
43
(4)
The
director
or
general
counsel
may
contract
with
and
designate
44
outside,
private
counsel
in
any
matter
in
which
general
counsel
is
autho
-
45
rized
to
provide
representation
to
the
director,
department,
or
board.
46
(5)
Nothing
in
this
section
shall
preclude
the
director
from
hiring
47
counsel
separate
from
general
counsel.
48

22
SECTION
16.
That
Section
58
-
312,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
58
-
312.
OCCUPATION
OF
LAND
WITHOUT
LEASE
-
-
PENALTY
-
-
SUIT
FOR
CIVIL
3
DAMAGES.
All
persons
using
or
occupying
any
state
land
without
a
lease
from
4
the
state,
and
all
persons
who
shall
use
or
occupy
state
lands
for
more
than
5
thirty
(30)
days
after
the
cancellation
or
expiration
of
a
lease,
shall
be
6
regarded
as
trespassers,
and
upon
conviction
shall
be
fined
in
a
sum
of
not
7
less
than
twenty
-
five
dollars
($25.00)
nor
more
than
$500
five
hundred
dol
-
8
lars
($500)
,
or
shall
be
punished
by
imprisonment
in
the
county
jail
for
a
9
term
of
not
to
exceed
six
(6)
months,
or
by
both
such
fine
and
imprisonment.
10
Any
criminal
suit
under
this
section
may
be
instituted
by
any
person
against
1
1
any
trespasser,
and
regardless
of
the
fact
whether
or
not
the
said
land
is
un
-
12
der
lease
to
any
person
other
than
the
trespasser,
and
in
case
of
a
lessee,
13
the
sureties
of
his
bond
shall
be
liable
to
a
civil
suit
for
all
damages
sus
-
14
tained
by
the
state
by
reason
of
the
trespass.
Any
suit
for
civil
damages
15
against
a
trespasser,
may
be
instituted
by
the
pursuant
to
section
58
-
120,
16
Idaho
Code,
or
by
the
office
of
the
attorney
general
in
the
name
of
the
state,
17
or
in
the
event
the
land
trespassed
upon
is
leased,
such
suit
for
civil
dam
-
18
ages
may
be
brought
by
the
lessee
in
his
own
name
:
provided
further,
it
,
pro
-
19
vided
that,
it
shall
be
the
duty
of
the
prosecuting
attorney
to
commence
and
20
prosecute
all
criminal
actions
under
this
section,
arising
in
his
county.
21
SECTION
17.
That
Section
58
-
1308,
Idaho
Code,
be,
and
the
same
is
hereby
22
amended
to
read
as
follows:
23
58
-
1308.
PENALTY
FOR
VIOLATION
-
-
INJUNCTIVE
RELIEF.
(1)
Any
person
24
who
violates
any
of
the
provisions
of
this
chapter
or
any
valid
and
autho
-
25
rized
regulation,
rule,
permit
,
or
order
of
the
board,
or,
where
notified
by
26
personal
service
or
certified
mail
of
such
violation
and
thereafter
fails
to
27
cease
and
desist
therein
or
obey
an
order
of
the
board
within
the
time
pro
-
28
vided
in
such
notification
or
within
thirty
(30)
days
of
service
of
such
no
-
29
tice
if
not
otherwise
provided,
shall
be
subject
to
a
civil
penalty
of
not
30
less
than
one
hundred
fifty
dollars
($150)
nor
more
than
two
thousand
five
31
hundred
dollars
($2,500).
Such
civil
penalty
may
be
assessed
by
the
board
32
in
conjunction
with
any
other
administrative
action;
provided,
that
no
civil
33
penalty
shall
be
assessed
unless
the
person
was
given
notice
and
opportunity
34
for
a
hearing
pursuant
to
the
administrative
procedure
act
as
set
forth
in
35
chapter
52,
title
67,
Idaho
Code.
The
board
shall
have
authority
and
it
shall
36
be
its
duty
to
seek
injunctive
relief
from
the
appropriate
district
court
to
37
restrain
any
person
from
encroaching
on,
in
,
or
above
the
beds
or
waters
of
a
38
navigable
lake
until
approval
therefor
has
been
obtained
as
provided
in
this
39
chapter.
40
(2)
In
addition
to
the
civil
penalty
set
forth
in
subsection
(1)
of
this
41
section,
any
person
who
violates
any
of
the
provisions
of
this
chapter
or
any
42
valid
and
authorized
regulation,
rule,
permit
,
or
order
of
the
board,
and
43
the
violation
causes
harm
to
water
quality,
fisheries,
or
other
public
trust
44
values,
shall
be
liable
for
a
civil
penalty
not
to
exceed
ten
thousand
dol
-
45
lars
($10,000)
per
violation
or
one
thousand
dollars
($1,000)
for
each
day
of
46
a
continuing
violation,
whichever
is
greater.
The
method
of
recovery
of
said
47
penalty
shall
be
by
a
civil
enforcement
action
in
the
district
court
in
and
48

23
for
the
county
where
the
violation
occurred.
Parties
to
an
administrative
1
enforcement
action
may
agree
to
a
civil
penalty
as
provided
in
this
subsec
-
2
tion.
3
(3)
In
addition
to
such
civil
penalties,
any
person
who
has
been
deter
-
4
mined
to
have
violated
the
provisions
of
this
chapter
or
any
valid
and
autho
-
5
rized
regulation,
rule,
permit
,
or
order
of
the
board,
shall
be
liable
for
6
any
expense
incurred
by
the
state
in
enforcing
the
chapter,
or
in
enforcing
7
or
terminating
any
nuisance,
source
of
environmental
degradation,
cause
of
8
sickness
or
health
hazard.
9
(4)
No
action
taken
pursuant
to
the
provisions
of
this
chapter
or
of
any
10
other
environmental
protection
law
shall
relieve
any
person
from
any
civil
1
1
action
and
damages
that
may
exist
for
injury
or
damage
resulting
from
any
vi
-
12
olation
of
this
chapter
or
any
valid
and
authorized
regulation,
rule,
per
-
13
mit
,
or
order
of
the
board.
14
(5)
Any
legal
action
necessary
to
administer
or
enforce
the
provisions
15
of
this
chapter
shall
be
initiated
pursuant
to
section
58
-
120,
Idaho
Code.
16
SECTION
18.
That
Section
67
-
1406,
Idaho
Code,
be,
and
the
same
is
hereby
17
amended
to
read
as
follows:
18
67
-
1406.
EMPLOYMENT
OF
ATTORNEYS
RESTRICTED
-
-
EXEMPTIONS.
Notwith
-
19
standing
any
other
provision
of
law
to
the
contrary,
no
department,
agency,
20
office,
officers,
board,
commission,
institution
or
other
state
entity
21
shall
be
represented
by
or
obtain
its
legal
advice
from
an
attorney
at
law
22
other
than
the
attorney
general,
except
as
follows:
23
(1)
The
legislative
and
judicial
branches
of
government
and
the
gover
-
24
nor
may
employ
attorneys
other
than
those
under
the
supervision
of
the
attor
-
25
ney
general,
and
such
attorneys
may
appear
in
any
court.
However,
such
enti
-
26
ties
may,
upon
request,
utilize
the
attorney
general's
legal
services.
27
(2)
Those
state
entities
within
the
department
of
self
-
governing
agen
-
28
cies
that
are
enumerated
in
section
67
-
2601(2)(a),
(b),
(g),
(h),
and
(i),
29
Idaho
Code,
the
department
of
lands,
the
state
board
of
land
commissioners,
30
and
colleges
and
universities
may
employ
private
counsel
to
advise
them
and
31
represent
them
before
courts
of
the
state
of
Idaho.
Such
entities
may
also
32
obtain
legal
services
from
the
attorney
general
on
such
terms
as
the
parties
33
may
agree.
34
(3)
Whenever
the
attorney
general
determines
that
it
is
necessary
or
35
appropriate
in
the
public
interest,
the
attorney
general
may
authorize
con
-
36
tracts
for
legal
services
pursuant
to
the
provisions
of
section
67
-
1409,
37
Idaho
Code.
38
(4)
The
provisions
of
section
67
-
1401,
Idaho
Code,
shall
govern
the
39
normal
relationship
between
the
attorney
general
and
the
state
entities
in
40
the
executive
branch
of
state
government.
However,
if
after
consultation
41
with
the
attorney
general
the
governor
determines
in
his
sole
judgment,
42
which
shall
not
be
subject
to
judicial
review,
that
counsel
assigned
to
rep
-
43
resent
or
give
legal
advice
to
any
state
entity,
other
than
the
lieutenant
44
governor,
state
controller,
state
treasurer,
secretary
of
state,
attorney
45
general,
and
the
superintendent
of
public
instruction,
cannot
effectively
46
advocate
or
pursue
the
policies
of
the
governor,
the
governor
shall
request
47
that
other
counsel
be
provided
by
the
attorney
general,
and
the
attorney
gen
-
48
eral
shall
provide
from
within
the
office
of
the
attorney
general
or
obtain
49

24
from
outside
the
office
of
the
attorney
general,
depending
on
the
request
of
1
the
governor,
qualified
counsel
acceptable
to
the
governor
to
represent
such
2
state
entity.
3
(5)
Any
separate
counsel
employed
pursuant
to
the
foregoing
exceptions
4
shall
be
compensated
with
funds
appropriated
to
such
state
entity,
unless
5
such
separate
counsel
shall
have
been
employed
at
the
request
or
convenience
6
of
the
attorney
general
or
because
of
a
conflict
in
representation
by
the
at
-
7
torney
general.
8
SECTION
19.
An
emergency
existing
therefor,
which
emergency
is
hereby
9
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
10
July
1,
2026.
1
1