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HF 2765

A bill for an act providing for the regulation of mining, making penalties applicable, and including effective date provisions.

2025-2026 Regular Session

Strengthen mining oversight by boosting inspections, enforcing penalties, and ensuring reclamation bonds cover all identified reclamation costs with clear subsidence response requi

Signed by Governor.
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Bill Summary · HF 2765

Summary of Iowa HF 2765 (Session 2025-2026)

Overview

HF 2765 is a bill that regulates mining activities in Iowa, with a focus on enforcement, subsidence responses, and bonding requirements. It broadens the authority of the mining division to conduct inspections, imposes penalties for violations, and establishes procedures for subsidence incidents and reclamation bonding. The bill aims to strengthen oversight of mining operations and ensure timely communication and financial assurance for land reclamation.

1) Purpose and Intent

  • Improve enforcement of mining regulations under Code chapter 208.
  • Ensure prompt reporting and effective response to subsidence caused by mining activities.
  • Ensure reclamation costs are adequately covered through bonding, regardless of how bonds are structured.
  • Create a deterrent through civil penalties for violations to protect public lands and rights-of-way.

2) Key Provisions and Changes

General Enforcement and Penalties

  • The Division of Mining (or the relevant agency) may enter a mine site at any time to conduct inspections.
  • The Division may issue orders directing operators to desist in activities that violate Code chapter 208.
  • Penalties for violating such an order:
    • Administrative civil penalty up to $5,000 per violation.
  • If desired, the Division may refer the matter to the Attorney General to file a civil action in district court for injunctive relief and a civil penalty up to $10,000 per violation.

Subsidence (Bill’s Provisions)

  • Defines subsidence as the collapse, settling, or sinking of land at or above an underground mine on public land or within a public right-of-way caused by mining activity.
  • Operators must notify the Division within 48 hours of discovering subsidence.
  • Operators must submit:
    • An initial assessment of the subsidence.
    • A subsidence repair plan to the Division.
    • The plan must include a detailed description of proposed methods and steps to address and repair damage.
    • The plan must be prepared and approved by a licensed professional engineer.

Bonding (Bill’s Provisions)

  • Regardless of how bonds are structured (multiple bonds for separate mine sites or a single bond for multiple sites), the total bond amount shall be applied only to covering the costs of completing land reclamation identified on the applicable bond forms.
  • This provision ensures that the financial assurance for reclamation is allocated to the specific bonded activities and land identified in the bond documentation.

3) Who or What Would Be Affected

  • Mining operators and companies engaged in mining activities on public lands or within public rights-of-way in Iowa.
  • The Division responsible for mining regulation and enforcement (likely within Iowa Department of Natural Resources or a similar agency).
  • Landowners and the public potentially affected by mining-related subsidence and reclamation needs.
  • Licensed professional engineers who may be involved in certifying subsidence assessments and repair plans.
  • The Attorney General’s office, as an option for pursuing civil actions for enforcement.

4) Procedural and Timeline Aspects

  • Inspections: Authorized “at any time” by the enforcing division.
  • Subsidence reporting: Operators must notify within 48 hours of discovery.
  • Submittals: Initial subsidence assessment and a subsidence repair plan must be submitted to the division as part of the response, with professional engineer approval.
  • Penalties: Administrative penalties up to $5,000 per violation; civil actions up to $10,000 per violation available through the attorney general.
  • Bonding: Bond amounts (whether separate or combined) must be allocated specifically to covering reclamation costs identified in the bond forms.

Additional Notes

  • The bill’s text references specific Code sections (208.2, 208.10A, 208.26) and the general enforcement framework in Code chapter 208.
  • The action history shows HF 2765 passed the Iowa House with unanimous support (95-0) and was referred to Ways and Means, with introduction and committee steps completed in April 2026. The next steps would typically include consideration by the Senate and potential reconciliation.

This summary captures the bill’s core aims, protections for reclamation funding, and the new or clarified requirements around subsidence and enforcement. If you’d like, I can add a side-by-side comparison with current law or provide potential fiscal implications based on the provided penalty amounts.

Compiled from official sources — confirm details with the bill’s official record.

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