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 ACT1 RELATING TO COUNSEL FOR THE IDAHO DEPARTMENT OF LANDS; AMENDING SECTION2 38-107, IDAHO CODE, TO REVISE PROVISIONS REGARDING UNCONTROLLED FIRES;3 AMENDING SECTION 38-113, IDAHO CODE, TO REVISE PROVISIONS REGARDING4 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 REGARDING7 DISPOSAL OF SLASH, INJUNCTIONS, LIENS, AND ENFORCEMENT; AMENDING SEC-8 TION 38-128, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE DUTIES OF9 PROSECUTING ATTORNEYS AND GENERAL COUNSEL FOR THE DEPARTMENT OF LANDS;10 AMENDING SECTION 38-808, IDAHO CODE, TO REVISE PROVISIONS REGARDING11 RECORDING LOG BRANDS AND PENALTIES; AMENDING SECTION 38-1220A, IDAHO12 CODE, TO REVISE A PROVISION REGARDING CIVIL ENFORCEMENT ACTIONS AND13 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 38-1221, IDAHO CODE,14 TO REVISE PROVISIONS REGARDING CIVIL ENFORCEMENT ACTIONS, CRIMINAL15 ACTIONS, AND PENALTIES; AMENDING SECTION 38-1307, IDAHO CODE, TO RE-16 VISE PROVISIONS REGARDING CIVIL ENFORCEMENT ACTIONS; AMENDING SECTION17 47-314, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE OIL AND GAS CON-18 SERVATION COMMISSION; AMENDING SECTION 47-718, IDAHO CODE, TO REVISE19 PROVISIONS REGARDING THE POWER OF THE DIRECTOR OF THE DEPARTMENT OF20 LANDS TO INITIATE LEGAL ACTION; AMENDING SECTION 47-1317, IDAHO CODE,21 TO REVISE PROVISIONS REGARDING APPLICATION, PERMIT, AND BOND FOR PLACER22 OR DREDGE MINING; AMENDING SECTION 47-1324, IDAHO CODE, TO REVISE PRO-23 VISIONS REGARDING ENFORCEMENT AND PENALTIES FOR VIOLATIONS; AMENDING24 SECTION 47-1513, IDAHO CODE, TO REVISE PROVISIONS REGARDING AN OPERA-25 TOR'S FAILURE TO COMPLY; AMENDING SECTION 58-120, IDAHO CODE, TO REVISE26 PROVISIONS REGARDING GENERAL COUNSEL FOR THE DEPARTMENT OF LANDS;27 AMENDING SECTION 58-312, IDAHO CODE, TO REVISE PROVISIONS REGARDING28 OCCUPATION OF STATE LAND WITHOUT A LEASE; AMENDING SECTION 58-1308,29 IDAHO CODE, TO REVISE PROVISIONS REGARDING PENALTIES; AMENDING SECTION30 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 hereby34 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, is39 hereby declared a public nuisance, by reason of its menace to life and/or40 property. Any person responsible through his conduct, acts and/or control41 of property or operations for either the starting or the existence of such42

2 fire is hereby required to make a reasonable effort to control or extinguish1 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 lands3 or any fire warden may summarily abate the nuisance thus constituted by con-4 trolling or extinguishing such fire and the person willfully or negligently5 responsible for the starting or existence of such fire shall be liable for6 the costs incurred by the state or its authorized agencies in controlling7 or extinguishing the same. The amount of such costs shall be recovered by8 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 state10 treasurer for deposit to the forest protection fund. Civil liability pro-11 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 action14 against any person, legal entity, state, or political subdivision for15 forest or range fire caused by a negligent or unintentional act, which16 act was not willful or intentional under section 6-202, Idaho Code, the17 real and personal property damage is limited to:18 (a) (i) The reasonable costs for controlling or extinguishing the19 forest or range fire;20 (b) (ii) Economic damages; and21 (c) (iii) Either (i) the diminution of fair market value of the22 real and personal property resulting from the fire, or (ii) the ac-23 tual and tangible restoration costs associated with bringing the24 damaged real and personal property back to its pre-injured state25 to the extent that such actual and tangible restoration costs are26 reasonable and practical.27 (b) As used in this subsection, "economic damages" means objectively28 verifiable monetary loss including, but not limited to, out-of-pocket29 expenses, loss of earnings, loss of use of property, or loss of business30 or employment opportunities.31 (c) As further used in this subsection, "fair market value" means the32 amount a willing buyer would pay a willing seller in an arms-length33 transaction when both parties are fully informed about all of the advan-34 tages and disadvantages of the property and neither is acting under any35 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 remain38 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 amount40 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 brought43 pursuant to this section shall be barred by a statute of limitations after44 ten (10) years.45

SECTION 2. That Section 38-113, Idaho Code, be, and the same is hereby46 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 other49

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/or2 other forest products or potential forest products shall be responsible for3 providing the protection required by section 38-111, Idaho Code, for that4 portion of the land covered by his uncut timber and/or other forest products5 or potential forest products and for the area he has cut over during the year6 up to the end of the closed season, and for any areas he has cut over without7 complying with the forest fire and slash disposal laws of the state, and if8 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 lands10 shall provide such patrol and protection at the cost per acre to said owner at11 the rates therein established. Any amounts due and unpaid for this purpose12 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 forest14 products theretofore cut and/or removed or remaining on the ground and may15 be collected through extension upon the tax rolls covering such property as16 in section 38-112, Idaho Code, provided for collection of similar liens upon17 forest land; provided, that if the director of the department of lands shall18 deem such property to be inadequate security, the lien, unless promptly paid19 on demand of the director of the department of lands, may be by him perfected20 and enforced as loggers' liens are perfected and enforced, or such amounts,21 together with any expenses rendered necessary, may be recoverable from the22 offender by a civil action for debt prosecuted in the name of the state of23 Idaho pursuant to section 58-120, Idaho Code. Any recovery shall be paid to24 the state treasurer for deposit in the forest protection fund.25

SECTION 3. That Section 38-118, Idaho Code, be, and the same is hereby26 amended to read as follows:27 38-118. DUTY OF RAILROADS -- PENALTIES. (1) During the closed season28 everyone operating a common carrier railroad shall keep all right of way,29 station grounds and other operating property in, contiguous, or adjacent30 to forest or range lands clear and free from all combustible and flammable31 material, matter or substances, except freight, express and mail supplies,32 structures, equipment and material necessary, usual or convenient for the33 construction, maintenance and/or operation of such railroad.34 (2) During the said closed season, no person operating or maintaining35 such a railroad shall permit any of his or its employees to leave a deposit of36 fire, live coals, or hot ashes in the immediate vicinity of forest or range37 lands or of other lands liable to be overrun by fire.38 (3) All clearing by burning under the provisions of the section shall be39 in accordance with the provisions of this act applicable to the season during40 which said burning is done.41 (4) Refusal or neglect to comply with the provisions of this section42 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 suspend44 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 case46 of refusal or neglect by the person at fault, after proper notice, to take47 the precautions against fire required by public safety and the provisions of48 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 deems1 requisite to public safety, and the costs thereof and the expense of any fire2 patrol rendered necessary by the offender's neglect, plus a penalty of ten3 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, Idaho5 Code. Any recovery shall be paid to the state treasurer for deposit in the6 forest protection fund.7

SECTION 4. That Section 38-123, Idaho Code, be, and the same is hereby8 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 the11 event one responsible therefor shall fail, refuse, or neglect to properly12 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 to14 engage, either for himself or for another, in cutting timber or other forest15 products, and thereby creating a fire hazard anywhere within the state, he16 may be enjoined from cutting such timber or other forest products and thereby17 creating a fire hazard until he shall have complied with the provisions of18 section 38-122, Idaho Code. Such injunction proceedings may be instituted19 by the director of the department of lands as plaintiff pursuant to section20 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 plaintiff22 and such a proceeding shall be handled in any court by the judge thereof with23 expedition.24 (2) If one responsible therefor has for any reason failed to comply with25 section 38-122, Idaho Code, and has without such compliance cut timber or26 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 do28 by the director of the department of lands or the fire warden of the forest29 protective district within which such slash has accumulated, the director of30 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 of32 the owner of the timber or other forest products cut or produced from the land33 upon which such fire hazard remains undisposed of as aforesaid.34 (3) The cost and expense of such disposal, plus twenty per cent (20%) of35 the cost and expense of such disposal as a penalty, shall constitute a prior36 lien upon the timber and/or other forest products so cut or produced from37 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 shall39 file for record with the county recorder of the county in which such timber or40 other forest products were cut, or, if the same have been removed to another41 county, then in such county, a notice of lien upon any and all forest products42 cut from the area of slash undisposed of as aforesaid, and such lien shall43 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 with45 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 as47 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. After49

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 such2 forest products or the processed products thereof with other property as to3 prevent identification of such forest products, and thereby prevent the sale4 of any such products in such foreclosure proceedings, shall be liable for5 the full amount of the judgment recovered, provided such purchaser is made a6 party defendant in the suit for the foreclosure of lien. The proceedings for7 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 of9 such cost and penalty may be recovered by a civil action for debt, prosecuted10 in the name of the state of Idaho pursuant to section 58-120, Idaho Code, and11 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 any13 lien against the property of any person who has been issued a certificate of14 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 department17 of lands, or any fire warden, as required or authorized by this section and18 section 38-122, Idaho Code, shall be in writing and made in triplicate, the19 original of which shall be sent by registered mail or delivered by personal20 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 hereby24 amended to read as follows:25 38-128. DUTIES OF PROSECUTING ATTORNEYS AND ATTORNEY GENERAL GENERAL26 COUNSEL. (1) At the discretion of the director of the department of lands, it27 shall be the duty of the attorney general or the prosecuting attorney of the28 county within which such action lies, general counsel for the department of29 lands, pursuant to section 58-120, Idaho Code, to prepare, upon information30 furnished by the director of the department of lands or the fire warden of any31 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 prosecute33 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 the36 provisions of this chapter. For the purposes of this section, venue shall be37 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 prosecuted39 by the attorney general pursuant to section 58-120, Idaho Code.40 (2) Whenever any arrest shall have has been made for the violation of41 any provisions of this chapter, or whenever any evidence, which shows with42 reasonable certainty any such violation, shall have has been lodged with43 him, the prosecuting attorney of the county in which the criminal act was44 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 hereby46 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, "forest4 products" means all products derived from trees including, but not lim-5 ited to, saw logs, veneer logs, poles, cedar products, pulp logs, fence6 posts, and every form into which a fallen tree may be cut before it is7 manufactured into lumber or run through a processing mill or cut into8 cordwood, stove wood or hewn ties.9 (c) "Log brand" means a unique symbol or mark placed on or in forest10 products for the purpose of identifying ownership.11 (2) Any owner of forest products in the state of Idaho may use thereon12 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; but14 before any such log brand shall be used, it shall be the duty of such owner15 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 scaling18 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 log20 brand currently registered in that office. It shall be the duty of the person21 in charge of the Idaho board of scaling practices office to keep a record of22 all registered log brands, which record shall at all reasonable times be open23 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 and27 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 the29 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 currently31 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 January34 1, 1981, shall be February 28, 1994; the expiration date for all log brands35 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 January37 1, 1986 through December 31, 1989, shall be February 28, 1996; the expiration38 date for all log brands registered from January 1, 1990, through December39 31, 1992, shall be February 28, 1997. Beginning January 1, 1993, renewals or40 newly approved registrations shall expire on February 28, five (5) years af-41 ter the year of registration or renewal. Notification of expiration will be42 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 a44 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 of47 scaling practices a signed and duly notarized instrument on forms provided48 by the board. Such forms shall specify the effective date of transfer, the49 assignee and the log brand to be assigned. A fee of twenty-five dollars50

7 ($25.00) shall be charged for each transfer. The transferred log brand will1 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 deemed4 an abandonment of the same. Abandoned or canceled log brands shall not be5 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 or7 use the abandoned log brand; but the other person shall not claim or use it8 until after it has been registered in the other person's own name as provided9 by this section.10 (6) (7) Failure to comply with the provisions of this section shall be11 deemed a violation of the log brand law. Upon request of the Idaho board12 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 section14 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 retain16 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 have18 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 the20 provisions of this chapter. Any violation of this section shall be deemed a21 misdemeanor and any person, upon conviction, shall be sentenced to pay a fine22 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 hereby25 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 cause28 investigations to be made upon the request of the board or upon receipt of29 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 made31 such other investigations as the chairman shall deem advisable.32 (b) The chairman or the chairman's designee shall have the authority33 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 property37 for the purpose of inspecting or investigating to ascertain possible38 violations of this chapter or of any rule, order, or license issued or39 promulgated thereunder.40 (c) Whenever the chairman determines that any person or legal entity is41 in violation of any provisions of this chapter or any rule, order, or license42 issued or promulgated pursuant to this chapter, the chairman may initiate43 a civil enforcement action through the attorney general and/or a criminal44 action through the prosecuting attorney as provided in pursuant to section45 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 is48 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 action1 may be brought to compel compliance with any provisions of this chapter or2 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 section4 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 action7 to have violated any provision of this chapter or any rule, order, or license8 issued or promulgated pursuant to this chapter shall be liable for a civil9 penalty not to exceed five thousand dollars ($5,000) per violation or five10 hundred dollars ($500) for each day of a continuing violation, whichever is11 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 violation13 occurred. All civil penalties collected under this chapter shall be paid14 into the state scaling account.15 (e) In addition to such civil penalties, any person or legal entity16 who has been determined to have violated the provisions of this chapter or17 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 may22 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 hereby25 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 PROSECUTING28 ATTORNEYS. (a) Upon request of the board or the chairman, it shall be the29 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 private33 counsel or the office of the attorney general to institute and prosecute34 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 to36 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 this38 act chapter or any rule, regulation, order, or license issued or promulgated39 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 board41 has suspended or revoked his certificate of registration, or any person who42 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 guilty44 of a misdemeanor, and shall, upon conviction, be sentenced to pay a fine of45 not less than one hundred dollars ($100) nor more than five hundred dollars46 ($500). A prosecution for a misdemeanor under this chapter must be commenced47 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 by1 him General counsel for the department of lands shall act as legal advisor of2 the board; and all criminal.3 (d) Criminal actions for violations of the provisions of this act4 chapter shall be prosecuted by the prosecuting attorney of the county or5 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 hereby7 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 chapter11 or rule, it shall issue a notice of violation. The notice shall specify the12 nature of the violation charged and any damage or unsatisfactory condition13 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 cease17 further violation and to commence and continue repairing the damage or18 correcting the unsatisfactory condition, hereinafter referred to as a19 "cease and repair order".20 (b) If after two (2) working days from the delivery of a cease and repair21 order, the operator fails to cease further violation and to commence and22 continue repairing the damage or to enter into an agreement to repair23 pursuant to subsection (2)(d) of this section, in compliance with the24 order, the department may issue and serve an order directing the opera-25 tor to cease all forest practices within the contract area, hereinafter26 referred to as a "stop work order".27 (c) The department may initiate the remedies set forth in subsection28 (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, if32 the operator fails to comply fully with the cease and repair order;33 or34 3. At any time after delivery of a notice of violation, if serious35 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 and38 who has completed his work in and removed all of his equipment from the39 contract area, or who cannot enter upon the land to repair the damage40 because of heavy snow, flooding, or similar serious condition upon the41 land, may comply with the order by entering into an agreement with the42 department to commence and thereafter continue to repair the damage43 within sixty (60) days after repair is practicable following heavy44 snow, flooding, or similar serious condition upon the land.45 (e) The department shall initiate the following remedies in accordance46 with subsection (2)(c) of this section:47 1. The department shall estimate the costs of repair of the damage48 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 the2 estimate.3 2. The county attorney for the county where the contract area4 is situated or the attorney general general counsel for the de-5 partment of lands, pursuant to section 58-120, Idaho Code, shall6 file an action to enjoin the operator's violations and to recover7 the costs of repair and administrative and legal fees and/or to8 foreclose a lien against the operator as set forth in subsection9 (2)(e)3 of this section. Legal fees recovered in such an ac-10 tion shall accrue to the county attorney and the attorney general11 attorneys according to the proportionate time in which each has12 expended in obtaining the judgment.13 3. A priority lien shall attach to the real and personal property14 of the operator upon delivery to the operator of a stop work order15 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 the20 lien attached, shall be certified under oath by the department and21 filed in the office of the county clerk and recorder of the county22 or counties where the real and personal property of the operator23 is located and where considered necessary to recover the estimated24 expenditures. This lien shall be perfected upon filing. This lien25 shall cease unless legal action is instituted within one (1) year26 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 to30 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 thirty33 (30) days after service thereof to challenge the order, without administra-34 tive review thereof, in a court of proper jurisdiction in the county where35 the alleged damaged land is situated. In such an action the operator shall36 bear the burden of proving that the cease and repair order and the stop work37 order are without merit or basis; or shall have ten (10) days after service38 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 the40 burden of proving that the cease and repair order and the stop work order are41 without merit or basis. If the board affirms the order(s), the operator may42 within thirty (30) days after the board's decision, appeal the decision to43 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 the46 state of Idaho performs forest practices without first submitting a bond in47 compliance with section 38-1306A, Idaho Code, or if an operator performs48 forest practices without first submitting notice to the department in com-49 pliance with section 38-1306, Idaho Code, the department may immediately50

11 commence legal action to enjoin the operator by temporary restraining order1 or preliminary injunction, and evoke through the county attorney the misde-2 meanor penalties of section 38-1310, Idaho Code. The testimony under oath3 of a department employee or forester that a nonresident operator who does4 not own property in Idaho is performing forest practices without a bond or5 that an operator is performing forest practices without having first given6 notice to the department shall constitute prima facie evidence upon which,7 if unrebutted, a district court shall issue a temporary restraining order or8 a preliminary injunction against the operator, to cease all forest practices9 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 upon11 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 hereby14 amended to read as follows:15 47-314. OIL AND GAS CONSERVATION COMMISSION CREATED -- POWERS -- LIMIT16 ON LOCAL RESTRICTIONS -- ATTORNEY GENERAL GENERAL COUNSEL. (1) There is17 hereby created an oil and gas conservation commission of the state of Idaho18 within the department of lands. The commission shall consist of a county19 commissioner as described in this section and four (4) members appointed by20 the governor with the advice and consent of the senate.21 (a) The county commissioner shall be from a county where oil and gas22 are being produced or have been produced within the last ten (10) years23 and shall be elected by a majority of the county commissioners from such24 producing counties. The county commissioner shall serve a four (4) year25 term. A vacancy shall be filled by election for the unexpired term in26 the same manner provided for election to a full term.27 (b) The governor shall appoint four (4) members who shall serve at the28 pleasure of the governor. One (1) member shall be knowledgeable in oil29 and gas matters and shall have at least eight (8) years of experience30 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 have32 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 of35 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 chairman39 from its membership. Such officers shall hold their respective offices un-40 til their successors are elected. If a vacancy occurs in either office, the41 commission shall elect a member to fill such office for the remainder of the42 term.43 (3) The commission shall meet at least annually and thereafter on dates44 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 selected46 by the county commissioners shall be compensated as provided in section47 59-509(n), Idaho Code.48

12 (5) The oil and gas administrator of the department of lands shall be1 the secretary for the commission.2 (6) The department of lands shall have the power to exercise, under the3 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 in5 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 make9 and enforce rules, regulations, and orders and to do whatever may reasonably10 be necessary to carry out the provisions of this act. Any delegation of au-11 thority to any other state officer, board, or commission to administer any12 and all other laws of this state relating to the conservation of oil and gas13 is hereby rescinded and withdrawn and such authority is hereby unqualifiedly14 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 exception19 of the exercise of planning and zoning authority granted cities and counties20 pursuant to chapter 65, title 67, Idaho Code.21 (9) To implement the purpose of the oil and gas conservation act, and22 to advance the public interest in the orderly development of the state's oil23 and gas resources, while at the same time recognizing the responsibility of24 local governments to protect the public health, safety, and welfare, it is25 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 and32 gas; provided however, that extraction may be subject to reasonable33 local ordinance provisions, not repugnant to law, that protect public34 health, public safety, and public order or that prevent harm to public35 infrastructure or degradation of the value, use, and enjoyment of pri-36 vate property. Any ordinance regulating extraction enacted pursuant37 to chapter 65, title 67, Idaho Code, shall provide for administrative38 permitting under conditions established by ordinance, not to exceed39 twenty-one (21) days unless extended by agreement of the parties or upon40 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 operation44 of facilities and infrastructure needed for the post-extraction pro-45 cessing and transport of gas and oil. However, such facilities and46 infrastructure shall be subject to local ordinances, regulations, and47 permitting requirements, not repugnant to law, as provided in chapter48 65, title 67, Idaho Code.49

13 (10) The commission may sue and be sued in its administration of this act1 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 of5 the commission and represent the commission in all court proceedings, in6 all proceedings before the commission, and in any proceeding to which the7 commission may be a party before any department of the federal government.8 The commission may retain additional counsel to assist the attorney general9 general counsel and, for such purpose, may employ any funds available under10 this act.11

SECTION 11. That Section 47-718, Idaho Code, be, and the same is hereby12 amended to read as follows:13 47-718. VIOLATIONS -- REMEDIES -- PENALTIES. (1) In addition to any14 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 adopted16 pursuant thereto, or who fails to perform the duties imposed thereby, or who17 violates any determination or order thereunder or any violation of a lease18 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, pursuant20 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 a23 verified complaint or by affidavit that the alleged violation has24 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, or27 from conducting exploration or mining on the state lands affected28 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 facie31 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 for34 injunctions. If at the trial the violation is established, the35 court shall enter a decree perpetually enjoining said defendant,36 his agents, employees, contractors and assigns from thereafter37 committing said or similar violations.38 (b) Proceed by legal action in the name of the state of Idaho, pursuant39 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 rules42 adopted pursuant thereto. If thereafter the court finds that the opera-43 tor is not promptly complying with such order, the court shall order the44 operator to immediately pay an amount determined by the department to45 be the anticipated cost of reasonable repair and reclamation in accor-46 dance with section 47-703A(4), Idaho Code, and rules adopted pursuant47 thereto.48

14 (c) Proceed to forfeit the operator's bond required by section1 47-703A(1), 47-704(6) or 47-708, Idaho Code. The board may cause to2 have issued and served upon the operator alleged to be committing such3 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 violating5 the provisions of this act. Such complaint may be served by certified6 mail, and return receipt signed by the lessee, an officer of a corporate7 lessee, or the designated agent of the lessee shall constitute service.8 The lessee shall answer the complaint and request a hearing before a9 designated hearing officer within thirty (30) days from receipt of the10 complaint if matters asserted in the complaint are disputed. If the11 lessee fails to answer the complaint and request a hearing, the matters12 asserted in the complaint shall be deemed admitted by the lessee, and13 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 related15 administrative costs. The director of the department of lands is empow-16 ered to issue subpoenas. The hearing shall be conducted in accordance17 with chapter 52, title 67, Idaho Code. The hearing officer shall enter18 an order in accordance with chapter 52, title 67, Idaho Code. Appeal to19 a district court shall be in accordance with chapter 52, title 67, Idaho20 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 this23 section, the director may:24 (a) Proceed in the first instance by legal action in the name of the25 state of Idaho, pursuant to section 58-120, Idaho Code, to recover from26 an operator who, without bond, has conducted or is conducting explo-27 ration with heavy equipment on state lands, including lands between the28 ordinary high watermarks of navigable rivers, the cost of repairing29 damage to and reclaiming the affected state lands in accordance with30 section 47-703A(4), Idaho Code, and rules adopted pursuant thereto; or31 if the bond on file with the department of lands is not sufficient to32 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 with34 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, pursuant36 to section 58-120, Idaho Code, to recover from an operator who has re-37 moved minerals in commercial quantities from state lands, including38 lands between the ordinary high watermarks of navigable rivers, in vio-39 lation of the provisions of section 47-717, Idaho Code, damages in the40 amount of the prevailing royalty rate set by the board of land commis-41 sioners for the particular mineral removed plus interest from the date42 of removal at the legal rate of interest due on money judgments set by43 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 this46 chapter, any person, firm, or corporation who violates any of the provisions47 of this chapter or rules adopted pursuant thereto, or who fails to perform48 the duties imposed by these provisions, or who violates any determination or49 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 more1 than one thousand dollars ($1,000) for each day during which any provision of2 this chapter, rule or order has been or is being violated. All sums recovered3 shall be credited to the general fund.4 (4) An appeal from a final judgment of the district court shall be taken5 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 hereby7 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 director11 an application for a permit upon a form provided by the director, and shall12 pay an application fee of fifty dollars ($50.00), for each ten (10) acres or13 fraction thereof above involved in such application, provided that no ap-14 plication fee shall exceed one thousand dollars ($1,000). Application fees15 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 and17 approved by the board. No such permit shall be issued to any applicant until18 the applicant files with the director an initial bond in an amount necessary19 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 operation21 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 shall24 notify the director of any increase or decrease in the acreage of disturbed25 lands which will result from planned placer mining activity within the next26 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 of28 failure by the permittee to reclaim disturbed lands in the permit area, the29 cost charged to the permittee shall be reasonable costs of reclamation plus30 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) for32 any given acre of disturbed land. The determination by the board of recla-33 mation costs shall constitute a final decision subject to judicial review34 as set forth in subsection (d) of section 47-1320, Idaho Code. The bond may35 be submitted in the form of a surety, cash, certificate of deposit, or other36 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 bond40 as herein provided. The board shall determine whether a permit application41 and bond submitted by an applicant satisfies the requirements of this act42 chapter and regulations promulgated thereto. Upon such determination, the43 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 reasons45 for such rejection. An applicant may submit an amended permit application46 and bond.47 (d) It shall be the duty of the board in its administration of this act48 chapter to cause periodic inspections to be made of the operations under such49

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 shall3 constitute a lien upon equipment, personal property, or real property of the4 permittee and upon minerals produced from the permit area, and the failure5 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 and7 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-11 ulations promulgated thereto pertinent to land and watercourse restoration12 by submitting and having on file a current and valid bond with the United13 States government, which bond equals or exceeds the amount set forth above,14 provided that such release by the director shall not release an applicant15 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, Idaho22 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 shall27 indorse his approval of the application, and no permit shall be issued in the28 absence of such approval by the owner of lands described in the application29 not owned by the applicant.30 (h) No permit shall be issued proposing to alter or occupy the bed of a31 navigable stream or to dredge any stream or watercourse without notification32 to the director first notifying the department of water resources of the33 pending application. The department of water resources shall respond to34 said notification within twenty (20) days, and the response shall be in-35 cluded in any permit granted hereunder by a showing whether the permit36 constitutes a permit from the department of water resources or whether an37 additional permit from the department of water resources shall be required.38 (i) No permit shall issue hereunder to dredge nor otherwise placer39 mine any lands owned by the state of Idaho, including the beds of navigable40 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 the42 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 to45 deny any application for a permit on state land, stream or river beds, or on46 any unpatented mining claims, upon its determination that a dredge mining47 operation on the land proposed would not be in the public interest, giving48 consideration to economic factors, recreational use for such lands, fish and49 wildlife habitat, and other factors which in the judgment of the state land50

17 board may be pertinent, and may deny an application upon notification by the1 department of water resources that the grant of such permit would result in2 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 may6 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 hereby11 amended to read as follows:12 47-1324. ENFORCEMENT AND PENALTIES FOR VIOLATION. (a) The board may13 maintain an action in the name of the state of Idaho to enjoin any person from14 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 regulations16 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 or18 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 this23 act chapter is being violated by the operation or maintenance of a placer or24 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 undertake26 mitigation or restoration of the disturbed area in conformity with section27 47-1314, Idaho Code, pending final disposition of the action. The action28 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 probable31 that the defendant will continue therein or in similar violations, the court32 shall enter a decree perpetually enjoining said defendant, his agents and33 employees from thereafter committing said or similar actions in violation of34 this act chapter.35 (b) The board may maintain an action in the name of the state of Idaho36 to enjoin any person from operating or maintaining a placer or dredge mining37 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 act39 chapter, and the bond, if forfeited, would not be sufficient to adequately40 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 act43 chapter to collect civil damages in an amount sufficient to pay for all the44 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, where46 a person is conducting placer or dredge mining without an approved permit or47 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 regulations2 promulgated thereto, or who violates any determination or order promul-3 gated pursuant to the provisions of this act chapter, shall be liable for4 a civil penalty of not less than five hundred dollars ($500) nor more than5 two thousand five hundred dollars ($2,500) for each day during which such6 violation continues. Such penalty shall be recoverable in an action brought7 in the name of the state of Idaho by the attorney general pursuant to section8 58-120, Idaho Code. All sums recovered shall be placed in the state treasury9 and credited to the dredge and placer mining account, to be administered by10 the board for the restoration of lands and watercourses damaged by placer or11 dredge mining operations.12 (e) No administrative action or decision by the director or board shall13 be required prior to enforcement of any of the above remedies, provided that14 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 welfare17 shall be required prior to enforcement of any of the above remedies by the18 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 wilfully21 fails, neglects, or refuses to comply with any provisions of this act chapter22 shall be guilty of a misdemeanor punishable by a fine of not less than one23 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 the26 district court of this state for the county wherein the violation, or some27 part thereof, occurs, or in the district court for the county wherein the28 defendant resides or has a principal place of business, or in the district29 court for the county of Ada if the defendant resides out-of-state, or in the30 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 hereby33 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, endeavor39 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 in42 said subsections. Additionally, no administrative action, hearing, or de-43 cision shall be required from the Idaho board of environmental quality prior44 to the board proceeding under subsections (d) and (e) of this section. In the45 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 upon47 the operator alleged to be committing such violation a formal complaint that48 shall specify the provisions of this chapter that the operator allegedly is49

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 the3 operator, an officer of a corporate operator, or the designated agent of the4 operator shall constitute service. The operator shall answer the complaint5 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 are7 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 the9 operator, and the board may proceed to cancel the reclamation or permanent10 closure plan and forfeit the financial assurance in the amount necessary to11 reclaim affected lands or complete the permanent closure activities. Upon12 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 thirty14 (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 at16 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. The18 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 be21 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 compel26 performance under the chapter.27 (b) Upon request of the board, the attorney general shall institute28 proceedings to have the financial assurance of an operator forfeited for the29 violation by the operator of an order entered pursuant to this section legal30 proceedings shall be initiated, pursuant to section 58-120, Idaho Code, to31 have an operator's financial assurance forfeited for a violation of an order32 entered pursuant to this chapter.33 (c) The forfeiture of such financial assurance shall fully satisfy34 all obligations of the operator to reclaim the affected land or complete35 permanent closure activities under the provisions of this chapter. If the36 violation involves an operator that has not furnished financial assurance37 required by this chapter, or an operator that is not required to furnish38 financial assurance pursuant to this chapter, or an operator who violates39 this chapter by performing an act not included in the original approved40 reclamation plan or the original approved permanent closure plan, and such41 departure from the plan is not subsequently approved, such operator shall42 be subject to a civil penalty for his failure to comply with such order in43 the amount determined by the board to be the anticipated cost of reason-44 able reclamation of affected lands or permanent closure of the cyanidation45 facility. Nothing in this subsection shall relieve the operator of any obli-46 gation, including the obligation to complete closure requirements, pursuant47 to a permit issued by the department of environmental quality under section48 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 may1 commence an action without financial assurance or undertaking, in the name2 of the state of Idaho pursuant to section 58-120, Idaho Code, to enjoin any3 operator who is conducting operations without an approved plan required by4 section 47-1506, Idaho Code, or without the financial assurance required by5 this chapter. The court, or a judge thereof at chambers, if satisfied from6 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-11 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 for14 injunctions. If it is established at trial that the defendant has operated15 without an approved plan or financial assurance, the court shall enter, in16 addition to any other order, a decree enjoining the defendant, his agents and17 employees from thereafter conducting such activities or similar actions in18 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 from20 an operator who is conducting mining or exploration operations or operating21 a cyanidation facility without the required plan or financial assurance, the22 cost of performing the reclamation activities required by sections 47-150923 and 47-1510, Idaho Code, or the cost of permanent closure activities from any24 such operator who has not provided financial assurance to cover the cost of25 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, hearing28 or decision, commence an action in the name of the state of Idaho (1) to legal29 action pursuant to section 58-120, Idaho Code, to: enjoin a permitted mining30 operation or cyanidation facility when, under an existing approved plan, an31 operator violates the terms of the plan and where immediate and irreparable32 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) and35 (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 of37 this chapter or rules adopted pursuant thereto, or who fails to perform the38 duties imposed by these provisions, or who violates any determination or or-39 der promulgated pursuant to the provisions of this chapter, shall be liable40 to a civil penalty of not less than five hundred dollars ($500) nor more than41 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 name44 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 some46 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 this49 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 to7 complete permanent closure activities and to administer the permanent8 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 or11 willfully fails, neglects, or refuses to comply with any of the provisions of12 this chapter shall be guilty of a misdemeanor and shall be punished by a fine13 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 be16 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 hereby18 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 hired21 by the director of the department of lands subject to approval by the state22 land board. Such counsel shall be independent of the office of the attorney23 general but may consult with the office of the attorney general as determined24 by the counsel. Such counsel shall be The director of the department of lands25 shall hire a licensed attorney, subject to approval by the state board of26 land commissioners, who shall be known and designated the as general counsel27 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 the33 board and represent the board in all courts and before all administra-34 tive tribunals or bodies of any nature; and35 (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 this40 section shall preclude the department of lands from hiring counsel separate41 from the general counsel, as is necessary, to effectuate the purposes of this42 section.43 (4) The director or general counsel may contract with and designate44 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 hiring47 counsel separate from general counsel.48

22

SECTION 16. That Section 58-312, Idaho Code, be, and the same is hereby1 amended to read as follows:2 58-312. OCCUPATION OF LAND WITHOUT LEASE -- PENALTY -- SUIT FOR CIVIL3 DAMAGES. All persons using or occupying any state land without a lease from4 the state, and all persons who shall use or occupy state lands for more than5 thirty (30) days after the cancellation or expiration of a lease, shall be6 regarded as trespassers, and upon conviction shall be fined in a sum of not7 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 a9 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 against11 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 damages15 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 and20 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 hereby22 amended to read as follows:23 58-1308. PENALTY FOR VIOLATION -- INJUNCTIVE RELIEF. (1) Any person24 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 by26 personal service or certified mail of such violation and thereafter fails to27 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 not30 less than one hundred fifty dollars ($150) nor more than two thousand five31 hundred dollars ($2,500). Such civil penalty may be assessed by the board32 in conjunction with any other administrative action; provided, that no civil33 penalty shall be assessed unless the person was given notice and opportunity34 for a hearing pursuant to the administrative procedure act as set forth in35 chapter 52, title 67, Idaho Code. The board shall have authority and it shall36 be its duty to seek injunctive relief from the appropriate district court to37 restrain any person from encroaching on, in, or above the beds or waters of a38 navigable lake until approval therefor has been obtained as provided in this39 chapter.40 (2) In addition to the civil penalty set forth in subsection (1) of this41 section, any person who violates any of the provisions of this chapter or any42 valid and authorized regulation, rule, permit, or order of the board, and43 the violation causes harm to water quality, fisheries, or other public trust44 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 of46 a continuing violation, whichever is greater. The method of recovery of said47 penalty shall be by a civil enforcement action in the district court in and48

23 for the county where the violation occurred. Parties to an administrative1 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 for6 any expense incurred by the state in enforcing the chapter, or in enforcing7 or terminating any nuisance, source of environmental degradation, cause of8 sickness or health hazard.9 (4) No action taken pursuant to the provisions of this chapter or of any10 other environmental protection law shall relieve any person from any civil11 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 provisions15 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 hereby17 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 entity21 shall be represented by or obtain its legal advice from an attorney at law22 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 and31 represent them before courts of the state of Idaho. Such entities may also32 obtain legal services from the attorney general on such terms as the parties33 may agree.34 (3) Whenever the attorney general determines that it is necessary or35 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 the39 normal relationship between the attorney general and the state entities in40 the executive branch of state government. However, if after consultation41 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 lieutenant44 governor, state controller, state treasurer, secretary of state, attorney45 general, and the superintendent of public instruction, cannot effectively46 advocate or pursue the policies of the governor, the governor shall request47 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 obtain49

24 from outside the office of the attorney general, depending on the request of1 the governor, qualified counsel acceptable to the governor to represent such2 state entity.3 (5) Any separate counsel employed pursuant to the foregoing exceptions4 shall be compensated with funds appropriated to such state entity, unless5 such separate counsel shall have been employed at the request or convenience6 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 hereby9 declared to exist, this act shall be in full force and effect on and after10 July 1, 2026.11