§ 58-101. State land board — Constitution — Department of lands created.

The governor, secretary of state, attorney general, state controller and superintendent of public instruction being constituted a state board of land commissioners by section 7 of article 9, of the Constitution of the state, as such board, have the direction, control and disposition of the public lands of the state. The board shall exercise the said constitutional functions through the instrumentality of a department of lands which is hereby created.

§ 58-102. State land board — President — Quorum.

The governor shall be president of the board, but in his absence from any meeting, one (1) of the members may act as president pro tempore, and shall preside at such meeting. A majority of the members of said board shall constitute a quorum for the transaction of business.

§ 58-103. State land board — Meetings — Rules.

The board shall have regular meetings not less frequently than quarterly, and may hold such adjourned or special meetings as the board may direct, and may meet at any time on call of the president or majority of the board. The said board shall cause a complete record of its meetings and other proceedings to be kept. The meetings and proceedings of said board shall be regulated by such rules as the board may adopt.

§ 58-104. State land board — Powers and duties.

The state board of land commissioners shall have power:

1. To exercise the general direction, control and disposition of the public lands of the state.
2. To appoint its executive officer, the director of the department of lands.
3. To perform legislative functions not inconsistent with law and to delegate to its executive officer and his assistants the execution of all policies adopted by it.
4. To review upon appeal all decisions of the director of the department of lands in contested matters.
5. To determine the policy, direct the work to be undertaken, solicit bids, contract for work to be performed, and appropriate from its funds the money necessary to carry out such work.
6. To prescribe rules, not inconsistent with law, for the government of the department, the conduct of its employees and clerks, the distribution and performance of its business and the custody, use and preservation of the records, papers, books, documents, and property pertaining thereto.
7. To engage in reseeding and reforestation programs on the public lands of the state.
8. To exchange any public lands of the state, over which the board has power of disposition and control for lands of equal value, the title to which, or power of disposition, belongs or is vested in the governing body or board of trustees of any state governmental unit, agency or institution.
9. (a) To regulate and control the use or disposition of lands in the beds of navigable lakes, rivers and streams, to the natural or ordinary high water mark thereof, so as to provide for their commercial, navigational, recreational or other public use; provided, that the board shall take no action in derogation of or seeking to interfere with the riparian or littoral rights of the owners of upland property abutting or adjoining such lands; except that when necessary to provide for the highest and best use of such lands for commercial, navigational, recreational or other public purposes, the board may acquire the riparian or littoral rights of upland owners by purchase or gift. The term “natural or ordinary high water mark” as herein used shall be defined to be the line which the water impresses on the soil by covering it for sufficient periods to deprive the soil of its vegetation and destroy its value for agricultural purposes. Provided that this definition shall not be construed so as to affect or change the vested property rights of either the state of Idaho or of riparian or littoral property owners. Lands lying below the meander line of a lake bed encompassing a national wildlife refuge as established under the authority of the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222), as amended, or the Fish and Wildlife Coordination Act (48 Stat. 401), as amended, or the Fish and Wildlife Act of 1956 (70 Stat. 1119), as amended (16 U.S.C. 742a through 742i), are not subject to the application of this act.
10. To enter into a joint exercise of powers agreement with the United States forest service in the department of agriculture pursuant to section 67-2328, Idaho Code.
11. To direct and oversee the conduct and operations of the endowment fund investment board and the Idaho department of lands.
12. To appoint and consult with expert advisors for each critical function for which the state board of land commissioners has responsibility. In this context, the term “expert advisor” shall mean a person engaged in the business for which he holds himself out to be an expert and who is experienced in that field.
13. Strategically plan and establish policies to coordinate the management of state lands with the investment goals of the permanent endowment funds and earnings reserve funds.
14. To provide reports of the status and performance of state endowment lands and the respective endowment funds to the state affairs committees of the senate and the house of representatives within fourteen (14) days after a regular session of the legislature convenes.
15. To make distributions to endowment income funds as provided in section 57-723A, Idaho Code.

(b) Revenue generated by the state from navigable waterways, except mineral royalties, shall be deposited in the navigable waterways fund, which is hereby created in the dedicated fund of the state treasury, and used for the state’s administration of navigable waterways, and may be expended only pursuant to appropriation. At the beginning of each fiscal year, those moneys in the navigable waterways fund that exceed two hundred percent (200%) of the current year’s appropriations for the state’s administration of navigable waterways shall be deposited in the waterways improvement fund established pursuant to section 57-1501, Idaho Code. (c) Royalties arising from extraction of minerals from navigable waterways shall be deposited in the public school permanent endowment fund established pursuant to section 33-902, Idaho Code.

§ 58-104A. Three division heads — Direction and control — Areas of operation — Qualifications — Applications.

The director shall have power to appoint three (3) division heads who shall be known as administrators, one (1) to handle matters concerning lands, minerals and grazing; one (1) to handle matters concerning forestry and fire; and one (1) to handle matters of oil and gas conservation. The qualifications of the division administrator for forestry and fire shall be graduation from a full four (4) year college course with a bachelor’s degree, with a major in forestry including five (5) years of technical experience in the forestry-land management field; or, ten (10) years of successful and progressive technical experience of forestry and land management activities of such a nature as to enable the applicant to perform his duties successfully at the professional level. The qualifications of the division administrator for oil and gas conservation shall be graduation from a full four (4) year college course with a bachelor’s degree, with a major in geology or petroleum engineering including five (5) years of technical experience in the oil and gas management field; or, ten (10) years of successful and progressive technical experience of oil and gas conservation management activities of such a nature as to enable the applicant to perform his duties successfully at the professional level.

§ 58-105. Director.

The department of lands shall have an officer at its head who shall be known as the director, who shall, subject to the general regulation and control of the state board of land commissioners, exercise the powers and discharge the duties vested by law in him or in his department. The director may administer and certify oaths. With the approval of the state board of land commissioners, the director shall provide for the organization of the department, its subordinate divisions and the administrators thereof, the hiring of assistants, clerks or other professional personnel pursuant to chapter 53, title 67, Idaho Code, and shall apportion the duties between such divisions or personnel as he may deem necessary to the conduct of the business of the department. The director shall promulgate such rules and regulations, subject to the approval of the board of land commissioners, as will assure the effective administration of the department and implementation of the directives of the state board of land commissioners.

§ 58-106. Offices.

The department shall maintain a central office in Ada county. The director may in his discretion and with the approval of the state board of land commissioners, establish and maintain, at places other than the seat of government, branch offices for the conduct of any one (1) or more functions of his department.

§ 58-107. Seal.

The department shall adopt and keep an official seal.

§ 58-108. Employees.

The department is empowered to employ necessary employees, and, if the rate of compensation is not otherwise fixed by law, to fix their compensation.

§ 58-109. Bonds of employees. [Repealed.]

§ 58-110, 58-111. Hours for service — Annual leave. [Repealed.]

§ 58-112. Land officials prohibited from buying state lands — Penalties.

The members of the state board of land commissioners, the officers, clerks and employees of the department of lands are prohibited from directly or indirectly purchasing or becoming interested in the purchase of any of the public lands of the state. Any person who violates the provisions of this section is guilty of a misdemeanor and subject to removal from office.

§ 58-114. Reports.

The director shall annually on or before the first day of December, and at such other times as the governor or the board may require, report in writing to the governor and the board concerning the condition, management and financial transactions of his department.

§ 58-115. Cooperation with other state departments.

The department of lands shall, so far as practicable, cooperate with the other state departments in the employment of services and the use of quarters and equipment. The director may empower or require an employee of another department, subject to the consent of the superior officer of the employee, to perform any duty which he might require of his own subordinates and may likewise require his subordinates to act for other departments.

§ 58-116. Gross receipts payable into treasury.

The gross amount of money received by the department, from whatever source, belonging to or for the use of the state, shall be paid into the state treasury, without delay, without any deduction on account of salaries, fees, costs, charges, expenses or claim of any description whatever and shall be credited to such fund or funds as are now or may hereafter be designated by law for the deposit thereof. No money belonging to, or for the use of, the state shall be expended or applied by the department except in consequence of an appropriation made by law and upon the warrant of the state controller.

§ 58-117. Requisition to make funds available. [Repealed.]

§ 58-118. Department successor to abolished offices.

Whenever rights, powers and duties, which have heretofore been vested in or exercised by any officer or board, or any deputy or subordinate officer thereof, are, by this chapter, transferred, either in whole or in part, to be vested in the department created by this chapter, such rights, powers and duties shall be vested in, and shall be exercised by, the department, and every act done in the exercise of such rights, powers and duties shall have the same legal effect as if done by the former office [officer] or board, or any deputy or subordinate officer thereof. Every person shall be subject to the same obligations and duties and shall have the same rights arising from the exercise of such rights, powers and duties as if such rights, powers and duties were exercised by the officer or board, or deputy, or subordinate thereof, designated in the respective laws which are to be administered by the department created by this chapter. Every person shall be subject to the same penalty or penalties, civil or criminal, for failure to perform any such obligation or duty, or for doing a prohibited act, as if such obligation or duty arose from, or such act were prohibited in, the exercise of such right, power or duty by the officer or board, or deputy or subordinate thereof, designated in the respective laws which are to be administered by the department created by this chapter. Every officer and employee shall, for any offense, be subject to the same penalty or penalties, civil or criminal, as are prescribed by existing law for the same offense by any officer or employee whose powers or duties devolved upon him under this chapter. All books, records, papers, documents, property, real and personal, unexpended appropriations, and pending business in any way pertaining to the rights, powers and duties so transferred to or vested in the department created by this chapter, shall be delivered and transferred to the department succeeding to such rights, powers and duties.

Whenever reports or notices are now required to be made or given, or papers or documents furnished or served by any person to or upon any officer or board, or deputy or subordinate thereof, abolished, or where duties are transferred by this chapter, the same shall be made, given, furnished, or served in the same manner to or upon the department herein created; and every penalty for failure so to do shall continue in effect.

This chapter shall not affect any act done, ratified or confirmed, or any right accrued or established, or any action or proceeding had or commenced in a civil or criminal cause before this chapter takes effect in relation to the matters placed under the jurisdiction of the department herein created; but such actions or proceedings may be prosecuted and continued by the department created herein.

§ 58-119. Powers of department.

The department of lands shall have power:

1. To exercise, under the general control and supervision of the state board of land commissioners all the rights, powers and duties vested by law in the state board of land commissioners, except the supervision of public investments, the administration of the Carey Act and the administration of chapter 26 of title 42, Idaho Code.
2. To exercise all the rights, powers and duties of the register of the state board of land commissioners except such as have been transferred.
3. To organize a central land records unit within the department for the purpose of establishing and maintaining an inventory and plat of all lands owned, leased, or held in trust by the state or any of its agencies, departments, institutions or instrumentalities, and to require any such agency, department, institution or instrumentality to file with the unit for recordation and platting any instrument by which the state or any such agency, department, institution or instrumentality acquires or disposes of title to real property or an estate therein.

§ 58-120. Attorney general to represent state.

The attorney general shall represent or shall cause the state to be properly represented in all suits, actions, contests or controversies relating to or involving state lands or timber, before the several land offices in this state, before the general land office at Washington, D.C., and before the courts of this state and of the United States, and may employ a competent attorney or attorneys for that purpose, who shall be paid out of the fund provided for the department of lands.

§ 58-121. Records of land board.

It shall be the duty of the director of the department of lands to keep the records of the state board of land commissioners; to make out and countersign all patents and leases issued by the president of the said board to purchasers and lessees of state lands, and to keep a suitable record of the same; to file and preserve the bonds of lessees and those given by purchasers to secure deferred payments; to make and deliver to purchasers suitable certificates of purchase; to have the custody of the seal of the state board of land commissioners; to keep the minutes of the board, and to perform such other duties concerning the land affairs of the state as the board may direct.

§ 58-122. Contested cases — Procedure.

It shall be the duty of the director of the department of lands in any or all contested cases, at the direction of the board, to appoint hearing officers, receive evidence, issue subpoenas and to hold contested case hearings in accordance with sections 67-5240 through 67-5271, Idaho Code, when hearings are necessary and witnesses may be required to be examined. Provided however, that when the state board of land commissioners is exercising its duties and authorities concerning the direction, control or disposition of the public lands of the state pursuant to sections 7 and 8, article IX, of the constitution of the state of Idaho, such actions shall not be considered to be contested cases as defined in subsection (6) of section 67-5201, Idaho Code, and section 67-5240, Idaho Code, unless the board, in its discretion, determines that a contested case hearing would be of assistance to the board in the exercise of its duties and authorities.

§ 58-125. Payment of salaries from Carey Act trust fund. [Repealed.]

§ 58-126. Information regarding state lands.

Information concerning the selection or appraisement of any state lands, or the timber thereon, or any information in regard to such land shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

§ 58-127. Fees.

The board of land commissioners is hereby empowered to set the fees for sales, leases, easements of state land and all other transactions in the department of lands.

All moneys collected for fees shall be paid to the state treasurer and shall be credited to the endowment earnings reserve account for endowment land management, and to the general account [fund] for all other activities unless otherwise provided by law; provided, however, that in all cases where filing or other fees or rent moneys have been paid to the board by two (2) or more applicants for the same lands, such fees, or rent moneys, may be returned to the unsuccessful applicant from any moneys in the possession of the board; provided, that such payments shall be made out of the account to which they may have been credited.

§ 58-128. Deposit and control of funds.

The state board of land commissioners shall daily deposit with the state treasurer all money and evidences of indebtedness received by the board. The state board of land commissioners may draw upon funds within their jurisdiction in the hands of the state treasurer for the payment of all expenses and demands in the management, protection and control of the state lands.

§ 58-129. Deposit of papers with state treasurer.

All valuable papers and securities, or any portion thereof, pertaining to the business of the land department, may, by direction of the state board of land commissioners, be deposited with the state treasurer for safekeeping in the fireproof vault and fire and burglar proof safe provided for the treasurer’s department. Upon such order being made by the board, the director shall prepare a list of such valuable papers and securities so ordered deposited, in triplicate, and shall take thereon the receipt of the treasurer for such papers and securities, leaving one (1) list with the treasurer, filing one (1) with the state controller and preserving one (1) in the office of the board. For the safekeeping of such papers and securities, and their return to the state board of land commissioners when required at any time, the state treasurer shall be liable on his official bond.

§ 58-130. Audit and payment of expenses. [Repealed.]

§ 58-131. Cooperation of state land board in settlement of federal irrigation projects.

The state board of land commissioners of Idaho is hereby authorized to enter into agreements on behalf of the state of Idaho with the secretary of the interior of the United States for the cooperation by the state of Idaho with the United States in securing and selecting settlers and in promoting the settlement and development of irrigation projects, or divisions thereof, where such projects are constructed by the United States under the provisions of the United States Reclamation Act: provided, that no contract shall be entered into hereunder obligating the state of Idaho to pay any money until appropriation therefor has been made by the legislature.

§ 58-132. Extension and declaration of powers and duties of state board of land commissioners.

In order that financial aid cooperation from the federal government, which is now and may hereafter become available may be taken advantage of, and that land in the state of Idaho be put to its best possible use, it shall be the duty of the state board of land commissioners to integrate and unify the policy and administration of land use in the state, and to determine the best use or uses, viewed from the standpoint of general welfare, to be made of state land now owned or hereafter acquired, including the determination of what land should be in county or state or federal ownership, and, in order to carry out the intentions of this chapter, the state board of land commissioners is hereby authorized and directed to classify state owned lands with respect to their value for forestry, reforestation, watershed protection and recreational purposes.

In determining the best use or uses of land, the state board of land commissioners may call upon the Idaho division of tourism and industrial development [department of commerce] and/or other state departments, divisions and agencies for inventories, classifications, maps and other data relative to land, and said Idaho division of tourism and industrial development [department of commerce] and other state departments, divisions and agencies shall furnish the said board with inventories, classifications, maps and other data upon request of the board. Said board may also call upon the boards of county commissioners in counties wherein the lands are situated for advice and recommendations in determination of future use and administration of said lands.

§ 58-133. Acquisition, sale, lease, exchange or donation of public lands — Creation and operation of land bank fund.

1. The state board of land commissioners may select and purchase, lease, receive by donation, hold in trust, or in any manner acquire for and in the name of the state of Idaho such tracts or leaseholds of land as it shall deem proper, and after inventory and classification as provided herein, shall determine the best use or uses of said lands: provided, however, that all state-owned lands classified as chiefly valuable for forestry, reforestation, recreation and watershed protection are hereby reserved from sale and set aside as state forests.
2. The proceeds from the sale of state endowment land may be deposited into a fund which shall be known as the “land bank fund,” which is hereby created in the state treasury for the purpose of temporarily holding proceeds from land sales pending the purchase of other land for the benefit of the beneficiaries of the endowment. A record shall be maintained showing separately from each of the respective endowments the moneys received from the sale of endowment lands. Moneys from the sale of lands which are a part of an endowment land grant shall be used only to purchase land for the same endowment.
3. All moneys deposited in the land bank fund, including earnings on those moneys, are hereby continually appropriated to the state board of land commissioners for the purposes enumerated in this section. The state board of land commissioners may hold proceeds from the sale of land in the land bank fund for a period not to exceed five (5) years from the effective date of sale. If, by the end of the fifth year, the proceeds from the land sale have not been encumbered to purchase other land within the state, the proceeds shall be deposited in the permanent endowment fund of the respective endowment along with any earnings on the proceeds from the land sale, unless the period is extended by the legislature.

§ 58-134. Cooperation in control and administration of state lands — Powers of board of county commissioners.

The state board of land commissioners may cooperate or join with the United States, any corporation the majority of whose capital stock is owned by the United States, and/or any county or counties of this state in any matter pertaining to the care, control and administration of any land now owned or hereafter acquired by the state, other than endowment lands received from the government of the United States, the United States, any corporation the majority of whose capital stock is owned by the United States, or county, and for such purposes may enter into contracts in writing with such public organization or organizations, as its or their officer or officers of board or boards, and the board of county commissioners of the several counties of the state are hereby authorized and empowered to make such donations of county-owned lands as above provided, and/or sell lands delinquent for taxes to the state for the amount of such delinquent taxes at date of such sale.

§ 58-135. Sale, lease or donation of state lands to United States.

The state board of land commissioners shall have authority to grant an option to purchase, contract to sell, sell and convey, donate or lease to the United States, any corporation the majority of whose capital stock is owned by the United States, or any county or city in Idaho, any lands now owned or hereafter acquired by the state, other than endowment lands received from the government of the United States, for such price and/or on such terms as said board may deem to be for the best interest of the state.

The board shall be authorized to receive as partial or full consideration for any sale or conveyance hereunder, any real property or stumpage at a value to be determined by the board.

§ 58-137. Reimbursement of United States for expense of emergency conservation work upon derivation of profit from such work by sale of land or products. [Repealed.]

§ 58-138. Exchange of state land.

1. The state board of land commissioners may at its discretion, when in the state’s best interest, exchange, and do all things necessary to exchange fee simple title to include full surface and mineral rights to any of the state lands now or hereafter held and owned by this state for lands of equal value, public or private, excepting lands that have as their primary value buildings or other structures, unless said buildings or other structures are continually used by a public entity for a public purpose. Land that the state owns known as “cottage sites” can be exchanged for lands of equal value, public or private. As used in this section, an exchange of state lands means a transaction in which the state conveys the land to another party or parties pursuant to an agreement that predates the exchange, in which transaction a party conveying land to the state may be different from a party to whom the state conveyed land. The parties dealing with the state in such an exchange transaction shall not be prohibited from purchasing or selling assets related to accomplishing the transaction before, simultaneously or after said transaction, provided that all such prior and simultaneous purchases and sales are expressly provided for in the exchange agreement.
2. Provided further the state board of land commissioners may, in its discretion, hereafter grant and receive less than fee simple title, and grant or allow such reservations, restrictions, easements or such other impairment to title as may be in the state’s best interest.
3. No exchanges shall be made involving leased lands except upon the written agreement of the lessee.
4. Subject to the approval of the state board of land commissioners, the first lease on lands acquired through land exchange and in lieu selections shall be offered to the present user, lessee, or permittee of the land, provided that the present user agrees in writing to enter into a contractual management program through which the resource values of the land may be enhanced or improved for the purpose of increasing the income to the endowed institutions.
5. Prior to the exchange of any state endowment lands pursuant to this section, the state board of land commissioners shall have an appraisal and review appraisal conducted of the lands it desires to exchange along with an appraisal and a review appraisal of the lands it is proposing to acquire in the exchange. All such appraisals and review appraisals shall be performed by appraisers who are licensed or certificated to perform such work in accordance with chapter 41, title 54, Idaho Code, and who are designated as members of the appraisal institute (MAI). All such appraisals and review appraisals shall conform to the uniform standards of professional appraisal practice (USPAP) standards.
6. In determining the fair market value of state endowment lands to be exchanged and acquired pursuant to this section, the state board of land commissioners shall consider all relevant information and circumstances including, but not limited to, the appraisals and review appraisals required by the provisions of subsection (5) of this section and any evidence that enhances or detracts from their reliability. (7) Annually on or before January 15 of each year, the state board of land commissioners shall submit a report of all state endowment lands exchanged and acquired and all appraisals and review appraisals conducted pursuant to this section to both houses of the legislature and to the audit division of the legislative services office.

§ 58-140. Special account for the maintenance, management and protection of state owned timber and leased lands. [Repealed.]

§ 58-141. Revolving fund for planning and development of sewage collection and disposal facilities for state lands — Appropriation.

All moneys received by the state of Idaho from the United States of America, its agencies, boards, departments, bureaus and commissions for planning and development of sewage collection and disposal facilities for state lands, all moneys received by the state of Idaho from units of local governments as a reimbursement for funds advanced by the state for planning and development of sewage collection and disposal facilities for state lands and those moneys received by the state of Idaho from users of state planned, developed and operated sewage collection and disposal systems as their proportionate share of planning and development of sewage collection and disposal facilities for state lands shall constitute a revolving fund, which fund is hereby created. All moneys in the fund are hereby appropriated continually to the state board of land commissioners for planning and development of sewage collection and disposal facilities for state lands.

§ 58-141A. Revolving fund for water and sewer district — Appropriation.

All moneys received by the state of Idaho pursuant to the provisions of section 58-304A, Idaho Code, representing reimbursement of unpaid connection fees or charges, monthly rates, tolls or charges, or special benefits payments due water and sewer districts by cottage site lessees pursuant to the provisions of section 39-3609 [39-3635], Idaho Code, shall constitute a revolving fund, which fund is hereby created. All moneys in the fund are hereby appropriated continually to the state board of land commissioners to be used for the reimbursement of water and sewer districts of amounts of unpaid connection fees or charges, monthly rates, tolls or charges, and special benefits payments attributable to cottage site leases which were forfeited as provided in section 39-3610 [39-3636], Idaho Code.

§ 58-142. [Amended and Redesignated.]

§ 58-143. [Amended and Redesignated.]

§ 58-144. [Amended and Redesignated.]

§ 58-145. [Amended and Redesignated.]

§ 58-146. [Amended and Redesignated.]

§ 58-147. [Amended and Redesignated.]

§ 58-148. [Amended and Redesignated.]

§ 58-149. [Amended and Redesignated.]

§ 58-150. [Amended and Redesignated.]

§ 58-151. [Amended and Redesignated.]

§ 58-152. [Amended and Redesignated.]

§ 58-153. [Amended and Redesignated.]

§ 58-154. Sale and lease of state land — Timber — Minerals — Other interests — Interference with application, auction or bid process — Penalty.

It shall be unlawful for any person, firm, partnership, or corporation to offer to accept, or to accept, compensation of any type in exchange for the withdrawal of a bid, or for the withdrawal of an application to bid, lease, or purchase, any state owned land, or timber, minerals, or other interest, or for foregoing [forgoing] a right to bid at any auction for the sale or lease thereof. Further, it shall be unlawful for any person, firm, partnership or corporation to offer to pay, or to pay, compensation of any type in exchange for the withdrawal of a bid, or for the withdrawal of an application to bid, lease, or purchase, any state owned land or timber, minerals, or other interest, or to cause or attempt to cause, another person, firm, partnership or corporation to forego [forgo] a right to bid at any auction for the sale or lease thereof.

Every person, firm, partnership or corporation violating the provisions of this section shall be guilty of an offense against the state. Such an offense shall be punishable by a fine of not less than one hundred dollars ($100) or by imprisonment in the county jail for not less than three (3) months nor more than one (1) year, or by imprisonment in the state penitentiary for a period not exceeding three (3) years, or by a fine not exceeding one thousand dollars ($1,000).

§ 58-155. Pest control on state lands — Deficiency warrants.

Whenever the director of the state department of agriculture determines that there exists the threat of an infestation of grasshoppers, crickets or other similar pests on state-owned land and that the infestation is of such a character as to be a menace to state and adjacent private rangeland or agricultural land, the director of the state department of agriculture may declare the existence of a zone of infestation, and may declare and fix the boundaries so as to definitely describe and identify the zone of infestation.

Thereupon, the state director of the department of lands or his agent shall have the power to go upon the state-owned land within the zone of infestation and shall cause the insect infestation to be suppressed and eradicated in the manner approved by the state board of land commissioners, using such funds as have been appropriated or may hereafter be made available for such purposes; provided, that whenever the cost of suppression and eradication of grasshoppers, crickets or other similar pests on state-owned lands exceeds the funds appropriated or otherwise available for that purpose, the state board of land commissioners may authorize the issuance of deficiency warrants against the general account [fund] for up to fifty thousand dollars ($50,000) in any one (1) year for such suppression and eradication. The director of the department of lands, in executing the provisions of this chapter insofar as it relates to state-owned lands, shall have the authority to cooperate with federal, county, municipal and private landowners in insect suppression and eradication projects; provided, that the state funds shall only be used to pay the state’s pro rata share based on acreage of state-owned lands treated. Such moneys as the state shall thus become liable for shall be paid as a part of the expenses of the state board of land commissioners out of appropriations which shall be made by the legislature for that purpose.

§ 58-156. Legislative findings and purposes.

The legislature of the state of Idaho finds:

1. That the following described tracts of public school endowment land, containing nineteen and twenty-seven one-hundredths (19.27) acres of endowment land, more or less, managed by the state board of land commissioners, are located adjacent to the Idaho State University/University of Idaho Center for Higher Education in Idaho Falls, Idaho, in Township 2 North, Range 37 East, B.M., Bonneville County:
   1. Lot 9, Pt. NW1/4 NE1/4, Pt. NE1/4 NW1/4, containing six and four-tenths (6.4) acres;
   2. Lot 10, Pt. SW1/4 NE1/4, Pt. SE1/4 NW1/4, containing twelve and eighty-seven one-hundredths (12.87) acres.
2. That Idaho State University and the University of Idaho, their respective foundations, and the state board of education own and manage the Center for Higher Education in Idaho Falls, Idaho, and the state board of education has expressed its desire to obtain and manage the described parcels of endowment land as part of the Center for Higher Education in Idaho Falls, Idaho;
3. That the endowment lands are held in trust by the state board of land commissioners and are managed to generate the maximum long-term financial returns to the public school endowment;
4. That any transaction in which the state board of education acquires title to these endowment lands, the state board of land commissioners shall receive title to real property of equivalent market value through land exchange;
5. That the legislature approves of a course of action by which the state board of education on behalf of Idaho State University and the University of Idaho acquires the described endowment lands now owned by the state board of land commissioners, through land exchange at not less than fair market value, as determined by qualified appraisals;
6. That the state board of education and the state board of land commissioners have agreed to enter into a contract by which the state board of education may acquire the described endowment lands, through land exchange at not less than fair market value, as determined by qualified appraisals;
7. That any acquisition by the state board of education of title to the described endowment lands shall be subject to any outstanding rights and reservations of record, and the state board of education shall pay all costs of the transactions including, but not limited to, surveys and appraisals.
8. It is the intent of the legislature to provide funds for this exchange to the state board of education within the state board of education’s general fund appropriation for fiscal year 2002, to facilitate the state board of education, on behalf of Idaho State University and the University of Idaho, to purchase real property of equivalent market value and to enter into a land exchange with the state board of land commissioners to acquire the nineteen and twenty-seven one-hundredths (19.27) acres, more or less, of endowment lands.

§ 58-201. Acceptance of federal lieu land selection grant.

The state of Idaho hereby accepts the provisions of sections 2275 and 2276 of the Revised Statutes of the United States as amended by an act of congress February 28, 1891 (26 St. L. 796), and the rights and privileges granted to states and territories by said act.

§ 58-203. Lieu selections for school lands homesteaded.

When the state board of land commissioners shall ascertain that sections 16 and 36 or any part thereof granted to the state have been actually settled upon prior to the survey thereof by the general government, and are occupied by bona fide settlers, claiming title thereto under the homestead laws of the United States, then the said board shall be and is hereby authorized and empowered, in its discretion, by and with the approval of the secretary of the interior, or the secretary of agriculture when necessary, to select from the surveyed, unreserved and unappropriated public lands of the United States within the state of Idaho, other lands equivalent in area and value, in legal subdivisions, and as contiguous as may be to the section in lieu of which the same is taken.

§ 58-301. Appraisement — Fee — Reappraisement — Appropriation for appraisement.

The board may cause all lands belonging to the state to be appraised, at such times, in such manner and by such means as the board shall decide, and may require the actual cost of an appraisal to be collected from the purchaser at the time of the sale, in addition to the sum bid for the land. All appraisements are under the control of the board, which may approve or disapprove of the same, in whole or in part, and may, at any time, direct a reappraisement or new appraisement to be made: provided further, that the board may require the person or persons seeking such land to be appraised to pay such fee in advance; and when the land shall be thereafter sold, if the purchaser be other than the party seeking such appraisement the sum or sums or the due proportion thereof so advanced by the party seeking such appraisement shall be returned to the party paying the same.

§ 58-303. Duplicate abstracts to be sent to county treasurer. [Repealed.]

§ 58-304. Leases.

1. The state board of land commissioners may lease any portion of the state land at a rental amount fixed and determined by the board. The rental amount shall be due and payable by the date and upon the terms set by the board in the lease. Provided however, all grazing leases shall provide for annual payments which shall be due and payable by the date set by the board in the lease.
2. The state board of land commissioners shall notify the lessee of any increase in the applicable rental rate six (6) months in advance of the date the rent is due and payable.
3. The lessee shall pay the rental to the director of the department of lands, who shall receipt for the same in the name of the board. Upon receiving such rental, the director shall immediately transmit the same to the state treasurer.

§ 58-304A. Forfeiture of cottage site leases — New leases — Collections — Disposition.

Upon forfeiture of a cottage site lease as provided in section 39-3610 [39-3636], Idaho Code, as amended, the department issuing the cottage site lease shall, as a condition of any new lease of such cottage site, collect from the new lessee an amount equal to all unpaid connection fees or charges, monthly rates, tolls or charges, and special benefits payments, as certified by the district to the department as unpaid by the cottage site lessee whose cottage site lease was forfeited. Any amounts so collected shall be immediately transmitted by the department collecting the same to the state treasurer to be placed in the revolving fund for water and sewer districts established in section 58-141A, Idaho Code, taking his receipt therefor in duplicate, filing one (1) with the state controller and the other receipt in the office of the department.

§ 58-305. Payment of rental in advance — Extension of time — Adjustment of competitive bid rental rates.

All leases of state land, except mineral leases, shall be conditional upon the payment of rental, in advance, and a violation of this condition shall work a forfeiture of the lease, at the option of the state board of land commissioners, after thirty (30) days’ notice to the lessee, such notice being sent to the post office of the lessee, as given by himself to the director of the department of lands when the lease is issued: provided however, that upon the application of any person, firm, corporation or association from whom such rent is or will be owing, the state board of land commissioners is hereby given authority and power to, in its discretion, extend the time of payment of such moneys for said leases for not to exceed two (2) successive years: provided, that the applicant enters into an agreement with the said state board of land commissioners to pay the interest on said amount of rent money from January 1 of the year which the same is otherwise due, to the date of payment, at the rate per annum set by the state board of land commissioners; that this authority shall extend to amounts due on outstanding leases, leases renewed and new applications for leases. Lease rental rates established by competitive bidding may not be adjusted during the term of a lease, except that the state board of land commissioners upon a finding of a material change of circumstances from those existing at the time of auction, may, after a majority vote of those present, reduce the rental to no less than fair market value.

§ 58-306. Notice of lien for rent.

Whenever state land is leased, the director of the department of lands may file with the county recorder of the county in which said land is situated a notice of lien, stating the description of the land, the number of the lease and the name of the lessee, the dates of the execution and expiration of the lease, and that the state claims a lien on any crops grown upon said land for the payment of the rental, during the term of said lease or any extension thereof. From and after the recording of said notice, the claim of the state for rental for said leased land, during the original term of said lease or any extension thereof, shall constitute a lien on any crops grown on such lands, prior to and superior to the lien of any chattel mortgage, any labor lien, or any other claim or lien thereon.

§ 58-307. Term of lease — Application for renewal — Allowance for improvements.

1. No lease of state trust lands shall be for a longer term than twenty (20) years.
2. Notwithstanding any other provisions of law, all state lands may be leased for a period of up to twenty-five (25) years to the federal government, to federal agencies, state agencies, counties, or cities, school districts or political subdivisions when leased for public purposes. Such leases for public purposes may be entered into by negotiation and shall secure a rental amount based on the fair market value of the state land.
3. Notwithstanding any other provisions of law, all state endowment trust lands may be leased for a period of up to thirty-five (35) years for residential purposes as determined by the state board of land commissioners including, but not limited to, single family, recreational cottage site and homesite leases.
4. Notwithstanding any other provisions of law, all state endowment trust lands may be leased for a period of up to forty-nine (49) years for commercial purposes under such terms and conditions as may be set by the board, provided that, for such leases in excess of twenty (20) years, the board consults with the county commissioners of the county in which the lands are located before leasing the lands, and the use for which the land is leased shall be consistent with the local planning and zoning ordinances insofar as is reasonable and practicable. For each lease in excess of twenty (20) years, the department shall hold a hearing in the county in which the parcel is located.
5. The term “commercial purposes” means fuel cells, low impact hydro, wind, geothermal resources, biomass, cogeneration, sun or landfill gas as the principal source of power with a facility capable of generating not less than twenty-five (25) kilowatts of electricity, industrial enterprises, retail sales outlets, business and professional office buildings, hospitality enterprises, commercial recreational activities, multifamily residential developments and other similar businesses. For purposes of this section, farming leases, grazing leases, conservation leases including lands enrolled in federal conservation programs such as the conservation reserve enhancement program (CREP), noncommercial recreation leases, oil and gas leases, mineral leases, communication site leases, single family, recreational cottage site and homesite leases, and leases for other similar uses, are not considered leases for commercial purposes. The terms fuel cells, low impact hydro, wind, geothermal resources, biomass, cogeneration, sun or landfill gas shall have the same definitions as provided in section 63-3622QQ, Idaho Code.
6. The board may require that all fixed improvements constructed upon land leased for commercial purposes be removed or become the property of the state upon termination of the lease, and that any heirs, encumbrances or claims of third parties with respect to any improvements shall be expressly subordinate and subject to the rights of the state under this section.
7. Except for oil and gas, mineral and commercial leases, the lease year shall run from January 1 through December 31, and all leases shall expire on December 31 of the year of expiration.
8. All applications to lease or to renew an existing lease which expires December 31 of any year, shall be filed in the office of the director of the department of lands by the thirtieth day of April preceding the date of such expiration. Such applications will be considered by the state land board and be disposed of in the manner provided by law; except that the board may reject conflicting applications for a lease for commercial purposes if the lessee exercises the preference right to renew clause, and provided such right is specified in the lease. (9) Where conflicts appear upon leases, except for mineral leases which, pursuant to chapter 7, title 47, Idaho Code, contain a preferential right to renew clause, such applications shall be considered as having been filed simultaneously. However, nothing herein shall be construed to prevent the state board of land commissioners from accepting and considering applications for new leases at any time.

(10) In case improvements have been made on land while under lease which is expiring, and the former lessee is not the successful bidder, but the land is leased to another, the amount of such improvements shall be paid to the former lessee. The following shall be considered improvements: plowing done within one (1) year, provided no crop has been raised on the plowed land after such plowing, fencing, buildings, cisterns, wells, growing crops and any other asset which shall be considered an improvement by the director.

(11) Commercial leases of the state lands shall not be subject to the conflict auction provisions of section 58-310, Idaho Code. The board may, at its discretion, consider individual applications or call for proposals and sealed bids by public advertisement, and may evaluate said proposals and award the lease to the bidder whose proposal achieves the highest return over the term of the lease and who is capable of meeting such terms and conditions as may be set by the board; in the alternative, the board may call for lease applications by public advertisement and if more than one (1) person files an application to hold an auction in the same manner as provided in section 58-310, Idaho Code. In all cases, the board must obtain a reasonable rental, based upon fair market value of the state land, throughout the duration of the lease. The board may reject any or all proposals and any or all bids, and may reoffer the lease at a later date if the board determines that the proposals or bids do not achieve the highest and best use of the land at market rental.

§ 58-308. Improvements — Filing of receipt for payment — Mistake and fraud.

Should anyone apply to lease any of the lands belonging to the state upon which there are improvements belonging to another party, before the lease shall issue, he shall file in the office of the state board of land commissioners a receipt showing that the price of said improvements, as agreed upon by the parties, or fixed by the state board, has been paid to the owner thereof in full, or shall make satisfactory proof that he has tendered to such owner the price of said improvements, so agreed upon, or fixed by the board. If, by any mistake or error, any money has been, or shall hereafter be, paid on account of any sale or lease of state lands, or if any land or timber shall have been, or shall hereafter be sold by the state, or lease executed, which land or timber shall have been, or shall hereafter be, by a court or tribunal of competent jurisdiction, adjudged to belong to another than the state of Idaho, at the date of such sale or the execution of such lease, a claim shall be presented to the state board of examiners, and, if authorized by them, the state controller shall draw a warrant in favor of the party paying said money, and the state treasurer shall pay the same out of the fund into which such money was deposited or placed. If through any fraud, deceit or misrepresentation, any party or parties shall procure the issuing of any lease for state lands the board shall have the authority to cancel such lease.

§ 58-309. Bond of lessee — Penalty.

In leasing state lands the state board of land commissioners may require of the lessee such a bond as shall secure the state against loss or waste, or occupation of the land for more than thirty (30) days after the cancellation or expiration of the lease of said lessee, unless the said lessee becomes the purchaser of the land.

§ 58-310. Two or more applicants for same land — Auction of lease.

Except as otherwise authorized:

1. When two (2) or more persons apply to lease the same land, the director of the department of lands, or his agent, shall, at a stated time, and at such place as he may designate, auction off and lease the land to the applicant who will pay the highest premium bid therefor, the annual rental to be established by the state board of land commissioners.
2. The director shall give notice by letter at least fourteen (14) days prior to the date of such auction, which notice shall be sent in the course of regular mail, to each of the applicants, notifying them of the time and place such auction is to be held. The notice shall be sent to the name and address exactly as it is given in the application.
3. If any applicants fail to appear in person or by proxy at the time and place so designated in said notice, the director may proceed to auction and lease any part or all of the lands applied for.
4. The state board of land commissioners shall have power to reject any and all bids made at such auction sales, when in their judgment there has been fraud or collusion, or for any other reason, which in the judgment of said state board of land commissioners justified the rejection of said bids.
5. The challenger of the current lease shall be required to provide payment of one (1) year’s rental on the lease payable at the time of application to lease. If the amount of the annual rental bid be not paid forthwith by the successful bidder, together with the expense of such sale, if the state board of land commissioners shall require the same to be paid as hereinbefore provided, or if for any reason the successful bidder does not accept the lease on the terms offered, the lease may be immediately reoffered in the same manner at public auction, without further notice.
6. Only those persons who have filed applications in the manner and at the time provided for by statute or rule shall be permitted to bid at any such auction for the lease of state lands.

§ 58-310A. Legislative findings and purposes

Leases of single family, recreational cottage sites and homesites not subject to conflict application and auction provisions. [Repealed.]

Repealed by S.L. 2014, ch. 97, § 35, effective July 1, 2014.

§ 58-310B. Two or more applicants for same land

Auction of lease. [Repealed.]

Repealed by S.L. 2014, ch. 97, § 35, effective July 1, 2014.

§ 58-311. Leases of mineral springs.

The state board of land commissioners shall have full power and authority to make leases of the lands of the state of Idaho, containing mineral springs or mineral waters for such periods as they may deem advisable, not exceeding fifty (50) years, for the purpose of preserving and improving such mineral springs or waters situated upon state lands, and for the purpose of establishing sanitariums thereon.

No contract or leases as provided in this section shall be made in any form which would exclude the free use by the general public of any such mineral springs or mineral waters for the purpose of bathing or drinking.

§ 58-312. Occupation of land without lease — Penalty — Suit for civil damages.

All persons using or occupying any state land without a lease from the state, and all persons who shall use or occupy state lands for more than thirty (30) days after the cancellation or expiration of a lease, shall be regarded as trespassers, and upon conviction shall be fined in a sum of not less than twenty-five dollars ($25.00) nor more than $500, or shall be punished by imprisonment in the county jail for a term of not to exceed six (6) months, or by both such fine and imprisonment. Any criminal suit under this section may be instituted by any person against any trespasser, and regardless of the fact whether or not the said land is under lease to any person other than the trespasser, and in case of a lessee, the sureties of his bond shall be liable to a civil suit for all damages sustained by the state by reason of the trespass. Any suit for civil damages against a trespasser, may be instituted by the attorney general in the name of the state, or in the event the land trespassed upon is leased, such suit for civil damages may be brought by the lessee in his own name: provided further, it shall be the duty of the prosecuting attorney to commence and prosecute all criminal actions under this section, arising in his county.

§ 58-313. Sale of state land.

The state board of land commissioners may at any time direct the sale of any state lands, in such parcels as they shall deem for the best interests of the state. All sales of state lands shall be advertised in four (4) consecutive issues of some weekly newspaper in the county in which the land is situated, if there be such paper, if not, then in some newspaper published in an adjoining county, and in such other paper or papers as the board may direct. The advertisement shall state the time, place and terms of sale, a description of the land and value of the improvements, if any, thereon, and the minimum price per acre of each parcel as fixed by the board, below which no bid shall be received: provided, that sales of state lands shall only be made to citizens of the United States and to those who shall have declared their intentions to become such. If the required sum be not paid forthwith by the highest bidder any lands upon which such payment shall not be made may be immediately reoffered at public sale as before. If any land be sold on which surface improvements have been made by a lessee, or by a former purchaser whose certificate of purchase has for any reason been canceled, said improvements shall be appraised under the direction of the state board of land commissioners. When lands on which improvements have been made, as above, are sold, the purchaser, if other than the owner or former owner of said improvements, shall pay the appraised value of said improvements to the owner thereof, or to the former purchaser who placed the same thereon, taking a receipt therefor, and shall deposit such receipt with the state board of land commissioners before he shall be entitled to a certificate of purchase or patent of said land: provided, the lessee or former owner is not indebted to the state for delinquent rentals or instalment payments on said land. If he is indebted to the state, the value of the improvements shall be credited on his indebtedness and the surplus, if any, be paid to him. All such receipts shall be filed and preserved in the office of said board: provided, that no school lands shall be sold for less than their appraised value nor for less than ten dollars ($10.00) per acre; provided, further, that in the case of the sale of land leased as grazing land and which is too rough, rocky or steep to be reclassified as farming land, the lessee, if he is not the successful bidder, shall be entitled to continue in possession under the lease for a period of two (2) years from the first day of December next occurring after the date of sale at public auction of said land or until expiration of the lease, whichever period shall be shorter. During such period, all rental earned shall belong to the purchaser subject to the following provisions:

1. If the land is sold upon instalment contract to the purchaser, the lessee shall continue to make rental payments to the director of the department of lands and the amount of rental earned after the date of sale shall, when received, be applied against and reduce the principal or interest, or both, payable by the purchaser;
2. If the purchaser pays the purchase price in full, all rentals earned after the date of sale shall be paid directly to the purchaser. However, no lessee of state lands shall have any right to remain in possession under his lease upon the sale of such state lands for home or cabin site purposes, as provided by the regulations of the state board of land commissioners.

§ 58-313A. Notice to commissioners of county — Objection by commissioners or person aggrieved.

Whenever the state board of land commissioners shall have determined to direct the sale of state lands in the manner provided in section 58-313, Idaho Code, they shall first give notice in writing by certified mail to the commissioners of the county or counties in which said lands are located of their intention to direct such sale. If, within sixty (60) days of the receipt of such notice the county commissioners shall object to such sale, they shall file their objections in writing with the state board of land commissioners who shall thereupon at the next regular meeting reconsider the order directing such sale and if good cause appears therefor they shall rescind the order directing such sale or reapproving such sale. From any such order the applicant, the county commissioners in the name of the people of the county concerned, or any person aggrieved by such sale may appeal to the district court of the county in which the land is located for a review of said order. If the court finds such order to be arbitrary, erroneous or capricious, the order of the state board of land commissioners may be set aside and rendered null and void.

§ 58-315. Stump lands. [Repealed.]

§ 58-316. Forfeiture of rights of delinquent purchaser — Reinstatement — Disposition of purchase money.

If any purchaser of state land after receiving a certificate of purchase, as provided in this chapter, shall fail to make any of the payments stipulated therein, and the same remains unpaid for thirty (30) days after the time when it should have been paid as specified in such certificate, the director of the department of lands shall, by certified letter addressed to such delinquent purchaser at his last known post-office address, notify such purchaser of such delinquency and of the amount due, and that unless such amount be paid within sixty (60) days after the date of mailing such letter and notice, the board will declare all rights of the purchaser in and to said land forfeited and the certificate and contract relating thereto annulled.

After the expiration of said period of sixty (60) days, the state board of land commissioners shall declare such forfeiture, and shall annul said contract and certificate. Such action of the board shall be recorded in the minutes of the proceedings of the board. When such forfeiture shall have been declared and entered in the minutes, as hereinbefore provided, all rights of such purchaser in and to said lands shall be and are extinguished and the state board of land commissioners may sell the land again: provided, that unless other disposition has meanwhile been made of the land, said state board of land commissioners may, upon application of the former purchaser, if such application is made within two (2) years after the certificate has been canceled, reinstate any such canceled certificate upon compliance by the purchaser with such conditions as the board may impose. Such conditions to be imposed by the board shall include the funding of delinquent instalments of principal and interest accrued to the date of reinstatement, by distributing the same in annual payments, to commence with the expiration of the original period covered by the contract of sale, or any extension or extensions thereof, such deferred payments to draw interest from the date of the reinstatement of the certificate; but the board may, in its discretion, impose other conditions, and may, in its discretion, require the payment of such delinquencies in cash at the time of reinstatement. On reinstatement being made the board may, in its discretion, give credit to the purchaser, as for interest paid on his contract, of any amounts which may have been paid by the purchaser as rent of the land during the period of the cancellation of his certificate. Any and all reinstatements of certificates of purchase of state lands heretofore made by the state board of land commissioners are hereby legalized and validated: provided further, that in case of such default and declaration of forfeiture except as provided for in this section, all previous payments made by a purchaser on account of such land shall be forfeited to the state, and the title and right of possession to such land shall be in the state as if no sale had ever been made.

§ 58-318. Supplying lost certificates.

Whenever a certificate of purchase shall be lost or wrongfully withheld by any person from the owner thereof, the state board of land commissioners may receive evidence of such loss or wrongful detention, and upon satisfactory proof of the fact, may cause the certificate of purchase, or deed, as the case may be, to issue to such person or to his grantees or assigns, as shall appear to them to be the proprietor of the land described in the original certificate of purchase.

§ 58-321. Rebates of unearned interest on certificates of sale.

In all cases where, since January 1, 1917, interest on deferred payments of principal due the state of Idaho on contracts or certificates of sale of state lands has been, or shall hereafter be, paid in advance and during the advance period for which such interest is paid, the principal of said contract or certificate of sale is paid in full, thereby leaving in the hands of the state of Idaho a balance of unearned interest, such balance of unearned interest shall be repaid to the certificate or contract holder who makes final payment of principal thereon.

§ 58-322. Rebates of erroneous payments of principal or interest.

In all cases of payments of principal or of interest to the state on such certificates of sale, where more than the amount due has been, since January 1, 1917, or hereafter shall be, paid by error or mistake, the amount of such overpayment shall be repaid on demand, to the person holding the certificate, as shown of record at the time the demand for repayment is made.

§ 58-323. Unearned interest — Certificate of rebate — Allowance and payment.

The officer receiving such final payment of principal for the state in cases of unearned and rebatable interest, or the officer receiving money paid by error or mistake on the principal or interest on such certificate of sale, is hereby authorized, directed and empowered to execute and deliver, over his signature, to the person entitled thereto, a certificate stating, in cases of rebate of unearned interest, that the holder or his assignee, is entitled to a rebate of unearned interest under the terms of this chapter, giving the amount thereof, the date to which the interest on said certificate of sale had been paid, and the date when the principal on said certificate of sale was paid in full; and in cases of payment of principal or interest made by error or mistake, stating the date of the payment and the nature of the error or mistake, and the amount of rebate due. The said claim shall be paid from the fund of the state into which the moneys represented by said claim were paid and distributed on their receipt by the state, which payment shall be made by warrant drawn by the state controller on the treasurer of the state of Idaho, as in the case of other claims against the state.

§ 58-324 — 58-329. Deferment of payments — Leases for dormitory sites — Lease of state lands — “Agricultural lands” defined. [Repealed.]

§ 58-330. Integrated property records system. [Repealed.]

§ 58-331. Designation of surplus real property.

Real property of the state of Idaho, the use of which by any department, officer, board, commission or other administrative agency of the state shall be terminated by law, and real property in the custody and control of any such agency which the agency shall declare to be no longer useful to or usable by it, shall be deemed surplus, and, except as set forth in section 67-5709A, Idaho Code, custody and control thereof shall thereupon be vested in and title be transferred to the state board of land commissioners, subject to disposition by said board in accordance with the provisions of this act.

§ 58-332. Disposal of surplus real property.

1. Upon transfer to it of such surplus real property the state board of land commissioners shall ascertain if such property is suitable for other state use, and if it is, then control and custody thereof shall be relinquished by the board to the agency which can make best use of the property. Such disposition may be by negotiated sale or exchange; provided, however, that such negotiated sales, transfers, or exchanges shall be for adequate and valuable consideration.
2. If no state agency acquires the surplus property, the board may dispose of the surplus property to any tax-supported agency or unit of the state of Idaho or the United States other than the state of Idaho or its agencies. Such disposition may be by negotiated sale or exchange; provided however, that such negotiated sales, transfers or exchanges shall be for adequate and valuable consideration.
   1. In the event of such contemplated sale, transfer or exchange the state board of land commissioners shall cause to be published a notice of such contemplated sale, transfer or exchange, setting out in full the description of the property concerned, both as to what is being offered and what is to be received, and the proposed use of the property by the tax-supported unit which proposes to acquire such property.
   2. Such notice shall be published in a newspaper published in the county in which the property is situate for four (4) consecutive weeks prior to a certain fixed date therein, designating a time and place for public hearing in the matter.
   3. The state board of land commissioners shall determine at the next regularly scheduled meeting subsequent to such hearing as to acceptance or rejection of such proposed sale, transfer or exchange, and if accepted, the tax-supported unit shall thereafter have sixty (60) days in which to accept or reject the proffer, following such decision.
   4. If such negotiations fail, then the property may be subject to public sale as set forth in this section.
3. If no tax-supported agency or unit of the state of Idaho or the United States acquires the surplus property, the state board of land commissioners may offer at public sale, after notice of publication for four (4) consecutive weeks in a newspaper published in the county in which the property is situate, and sell the same to the highest and best bidder upon terms and conditions to be determined by the board and specified in the notice of sale. If the property does not sell at public auction, the board may have the property appraised and enter into negotiations with any party(s) to effect disposition of the property for adequate and valuable consideration. Sale may be by any method that will help dispose of the property including, but not limited to, direct negotiations with interested parties, use of advertising, hiring real estate agents and public auction.
4. In all cases, the compensation received by the board for the sale of surplus property shall be returned to the agency which declared the property surplus to be placed in such account as may be appropriate. The board may deduct the costs of the sale from any proceeds before transmitting the proceeds back to the agency which declared the property surplus.

§ 58-333. Disposition of proceeds of sale.

The state board of land commissioners shall at all times preserve the integrity of state funds and obligations in the disposition of surplus property; receipts or acquisitions from the property of any special fund shall accrue to such fund, first liquidating any encumbrances against such property; save that when any property has been acquired by the general fund, or is supported by or added to, by the general fund, then the receipts following liquidation of an encumbrance, shall be deposited in the permanent building fund for future appropriation or use.

§ 58-335. Lands exempt from act.

This act shall not be construed as applying to any lands or properties acquired under the act of congress, known as the Idaho Admission Act, or in the subsequent operations of the various endowment funds of the state. Nor shall this act apply to any lands or properties in the custody of the state board of education and the board of regents of the University of Idaho in their corporate capacity; provided however, that the state board of education and the board of regents, desiring to avail themselves of the facilities of this act, for the sale, exchange or transfer of any such properties, may proceed to negotiate a sale, transfer or exchange with the state board of land commissioners as would any other tax-supported agency. If the state board of education and the board of regents of the University of Idaho does not avail itself of the facilities of this act, then the state board of education and the board of regents shall use a process for disposal of real property that includes, at a minimum, a required appraisal and public notice of the proposed real property disposal prior to disposal; and for property disposals that are not part of an exchange or transfer, consideration given to granting a first option to purchase to local, state and federal governmental entities.

§ 58-335A. Other lands exempt from act.

The provisions of sections 58-331 through 58-335, Idaho Code, shall not apply to surplus real properties of the Idaho transportation department, with the exclusion of office and maintenance yard sites. The Idaho transportation board shall promulgate rules to govern the sale of surplus real properties under this section, provided that in no case shall a property be sold or exchanged for a value less than that established through the appraisal process; and provided further that surplus real property may be offered for sale or exchange to any tax-supported agency or political subdivision of the state of Idaho, other than the state of Idaho or its agencies, in whose jurisdiction the property is located, at a negotiated price not to exceed the appraised value. Such surplus property sold or exchanged for less than the appraised value must be used in perpetuity exclusively for a public purpose which shall be stated in the deed of transfer. If the stated use shall cease, the property shall revert to the ownership of the Idaho transportation department.

For the purpose of acquiring highway rights-of-way, the Idaho transportation board is authorized to exchange surplus real property of the department for other parcels of real property. In exchanging real properties, the board shall cause both parcels of real property to be appraised, and either the owner or the department shall pay to the other the difference in value.

Before the department disposes of surplus property at public sale, the department shall first notify any person who owns real property which is contiguous with the surplus property of the department that he has first option to purchase the surplus property for an amount not less than the appraised value. If more than one (1) adjoining owner wants to purchase the property, a private auction shall be held for such parties. If no owner of adjoining property exercises his option to buy, the department may proceed to public sale.

§ 58-335B. Governor’s housing committee lands exempt from act.

Sections 58-331 through 58-335, Idaho Code, shall not apply to real property if acquired by or on behalf of the governor’s housing committee pursuant to [section] 67-455 or 67-455A, Idaho Code, as the same now exists or may from time to time be amended. This section shall apply to all real property acquired pursuant to section 67-455 or 67-455A, Idaho Code, before or after the effective date of this section.

§ 58-336. State lands — Assessment for local benefits.

All lands, including school lands, granted lands, escheated lands, or other lands owned by the state of Idaho in fee simple, situated within the limits of any incorporated city, town or local improvement district in this state, may be assessed and charged for the cost of local benefits specially benefiting such lands which may be ordered by the proper authorities of any such city, town or local improvement district:

Provided, that the leasehold, contractual or possessory interest of any person, firm, association, private or municipal corporation in any such lands shall be charged and assessed in the proportional amount such leasehold contractual or possessory interest is benefited;

Provided further, that the interest of the state in such property shall not be sold to satisfy the lien of such assessment, but only such interest or contract or other right therein as may be in private ownership shall be subject to such sale.

Provided further, that nothing in this act shall be construed to authorize the payment by the state of Idaho or any agency thereof of any tax levied by any local unit of government.

§ 58-337. Lease of old penitentiary site.

To preserve and enhance the cultural, educational, recreational and scenic values of the old penitentiary site at Boise, the state board of land commissioners or any other state agency having jurisdiction and control over the site is authorized to lease any part of the site to private persons, firms, or corporations for a term not to exceed fifty (50) years. The board is also authorized to relinquish control and custody over any part of the old penitentiary site to other state agencies for use as building or office space. Unless otherwise prohibited by law, proceeds from the rental of the old penitentiary site beyond cost of maintenance and historic interpretation shall be credited to the permanent building fund. For purposes of this act, the old penitentiary site at Boise includes all penitentiary reserve and acquired lands owned by the state of Idaho in:

Sections 12 and 13, Township 3 North, Range 2 East, Boise Meridian, and the west half of Section 18, Township 3 North, Range 3 East, Boise Meridian.

§ 58-401. Preservation of trees on state lands.

No trees standing on lands of the state, which lands when cleared of trees will not be suitable for cultivation and raising crops, and no trees needed to conserve the snows, ice or water of any irrigation district, shall be cut from any part of the public lands belonging to the state, except as hereinafter provided.

§ 58-404. Notice to department of water resources — Objections — Hearing and determination.

The director of the department of lands shall, before advertising any timber for sale, notify the director of the department of water resources, that the state board of land commissioners have an application for, or are considering the sale of such timber, giving in such notice, the description of the lands by legal subdivisions on which such timber is situated. The director of the department of water resources shall consider such notice, and if he desires to interpose any objections to the sale of the timber on said lands, because of any interference with the conservation of the irrigation waters of any watershed, he shall then within ten (10) days after receipt of said notice, file with the director of the department of lands, any objections that he may have thereto, setting forth in detail such objections and the reasons therefor. If no such objections are interposed within such time by the director of the department of water resources, and no extension of time is granted by the director of the department of lands for him to file such objections, it shall be presumed that there are no objections from his department to the making of such sale. However, if any objections are interposed, the state board of land commissioners shall appoint a time for the hearing of such objections, and shall determine whether or not, said sale should be made.

§ 58-405. Land board to act on application.

Upon the expiration of the time for filing protests as provided herein, the director of the department of lands shall refer all papers to the state board of land commissioners. If there be any protests from the director of the department of water resources, or any other persons, the board shall consider such protests, and such data as the director of the department of lands may furnish, together with his recommendations, and shall decide whether or not, the timber in question should be disposed of: provided, however, that the state board of land commissioners shall determine the trees or timber to be reserved on such land; provided further, however, that decisions by the state board of land commissioners to dispose of timber shall not receive judicial review pursuant to the administrative procedure act, chapter 52, title 67, Idaho Code.

§ 58-406. Sale of parcels — Advertisement of sale.

1. Whenever the state board of land commissioners directs a sale of timber, it shall direct such sale in such parcels as it deems for the best interests of the state.
2. All sales of timber on state lands, where sold separate from the lands, shall be advertised in one (1) or more newspapers, to be designated by the board, one (1) of which shall be in the county where such timber is located, if there be such paper, if not, then in some newspaper published in an adjoining county, and if such timber is located in more than one (1) county, then in some newspaper in each of the said counties, if there be such paper, if not, then in some newspaper published in an adjoining county, once a week for four (4) consecutive weeks, except that in cases of catastrophic damage caused by insect, weather, or fire, the state board of land commissioners may direct an advertisement of less than four (4) consecutive weeks.
3. The advertisement shall set forth the time and place of the sale, a description of the land by legal subdivisions on which such timber is situated, the length of time allowed for harvesting the timber, and the minimum price below which no bid shall be accepted.
4. Small sales of timber, not exceeding one million (1,000,000) board feet in volume, according to the cruiser’s estimate, and not exceeding a maximum value established by the state board of land commissioners, may be made as provided herein, except that only one (1) publication of advertisement shall be necessary and the date of sale shall be set not less than four (4) days after date of publication.
5. Very small sales of timber, not exceeding two hundred thousand (200,000) board feet and not exceeding a maximum value established by the state board of land commissioners, may be made without advertisement and upon approval of the director of the department of lands.

§ 58-407. Bond of persons cutting timber.

The state board of land commissioners shall require of all persons cutting timber upon state lands, a bond in a sufficient amount, with good and approved sureties, for the carrying out in good faith all the laws applicable thereto and all the terms and conditions imposed by the state board of land commissioners.

In any action or proceeding brought for the purpose of setting aside a sale of timber directed by the state board of land commissioners or brought for the purpose of delaying or preventing the cutting or removal of timber by the purchaser at any such sale, in which any party seeks a stay or seeks a temporary restraining order or preliminary injunction against the state board of land commissioners, the state of Idaho or the purchaser, the court shall require security as provided in rule 65(c) of the Idaho rules of civil procedure, in an amount equal to not less than ten percent (10%) of either the appraised value of the timber or the purchase price of the sale, whichever is greater, for the benefit of the fund for which the state holds in trust the timber included in the sale.

§ 58-408. Tree defined.

For the purpose of sections 58-401 to 58-410[, Idaho Code], inclusive, the word “tree” shall be held to mean all vegetable growth of a woody texture of any size whatsoever. No lands contemplated in sections 58-401 to 58-410[, Idaho Code], inclusive, shall be leased for any purpose whatsoever that will destroy the tree growth.

§ 58-409. Violation of preceding sections a misdemeanor — Action for damages.

Any person violating any of the provisions of sections 58-401 to 58-410[, Idaho Code], inclusive, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in the sum of not less than ten dollars ($10.00) nor more than $100, or be punished by imprisonment of not less than sixty (60) days, or by both fine and imprisonment, as the court may direct. Suit may also be brought in the name of the state whenever such damage has been caused by any violation of the provisions of sections 58-401 to 58-410[, Idaho Code], inclusive, by any person or persons engaged in any business or pleasure pursuit whatever.

§ 58-410. Prosecuting attorneys to prosecute.

The prosecuting attorneys of the various counties of the state are hereby directed to prosecute in the name of the state all cases arising under sections 58-401 to 58-410[, Idaho Code], inclusive.

§ 58-411. Sale of timber.

Timber belonging to the state of Idaho may be sold at public auction by the state board of land commissioners, at their option, as follows: ten percent (10%) of the estimated value of the timber, after deducting the development credits attendant to the sale of the timber, shall be presented as a bid deposit, in a form acceptable to the state, on the day of sale. Ten percent (10%) of the purchase price of the timber, after deducting the development credits attendant to the sale of the timber, shall be due and payable within ten (10) days of the date of sale. This sum shall be retained by the director of the department of lands as a cash reserve for the duration of the sale or the director may, at his discretion, apply all or a portion of the sum as final payment or payments for forest products removed or to satisfy other contractual obligations. The balance of such purchase price shall be paid at such time as the timber is scaled and billed with interest computed from the date of sale to the date of billing at the rate per annum set by the state board of land commissioners. Lump sum sales may be sold for cash at the time of sale or upon such terms and conditions as the state board of land commissioners may prescribe.

§ 58-412. Notice of intent to cut timber — Cutting permits.

No timber shall be cut under the above provisions of this act except as follows: thirty (30) days’ written notice shall be given to the state board of land commissioners, by filing such notice with the director, department of lands, of the particular land, described by legal subdivision or cutting unit, upon which the purchaser desires to cut timber. In addition, the purchaser shall provide the director of the department of lands with an adequate cash deposit, letter of credit, payment bond or other acceptable guarantee of payment, which shall be at least equal to the estimated value of the amount of timber to be harvested during the next ninety (90) day period or a cash deposit in an amount equal to the entire value of the timber to be harvested from a legal subdivision or cutting unit to be included in a cutting permit. Permits to cut timber under these provisions shall be issued under rules and regulations adopted by the state board of land commissioners. The right to cut timber under the terms of this act does not accrue until the permit has been issued.

§ 58-413. Time in which to cut timber — Extension of time.

The timber cut on lands, where the timber only is purchased, must be cut within the time specified in the contract of sale, but not to exceed fifteen (15) years. The state board of land commissioners shall specify the time within which timber must be cut at the time of sale. If, at the expiration of the contract period named at the time of sale in which the timber must be removed, the purchaser desires further time for the removal of said timber, application may be made to the state board of land commissioners for such extension, giving the legal subdivision or cutting unit upon which such extension is desired, and making satisfactory proof that the timber purchased under the contract has not been cut or removed, and the state board of land commissioners may extend the time from year to year, for a period of not to exceed fifteen (15) years from date of sale, upon payment of such additional interest and extension fees as the board may require. All timber remaining after such period shall be the property of the state.

§ 58-414. Other statutes unaffected.

Nothing in sections 58-411 through 58-413, Idaho Code, shall be construed as changing or modifying any other statute relative to the sales of timber, but shall be construed as being in addition thereto, and as authorizing the sale of timber on such terms and conditions as provided in sections 58-411 through 58-413, Idaho Code.

§ 58-415. Measuring method used in sale of state-owned forest products.

For sales of forest products from state lands, the state board of land commissioners shall cause the forest products to be measured, in lieu of selling by lump sum based on a cruise, unless in the discretion of the state board of land commissioners it shall be in the interest of the state to use the lump sum method. Acceptable methods of measuring forest products shall include, but are not limited to, weight, scaling, cubing, by the lineal foot, or by the piece.

§ 58-416. [Amended and Redesignated.]

§ 58-501. Acquisition or lease of property for forestry and park purposes authorized.

The state board of land commissioners is hereby authorized to accept gifts, donations or contributions of land suitable for forestry or park purposes and to enter into agreements with the federal government or other agencies for acquiring by lease, purchase or otherwise such lands as in the judgment of the state board of land commissioners are desirable for state forests.

§ 58-504. Payment of obligations.

Obligations for the acquisition of land incurred by the state board of land commissioners under the authority of this act shall be paid solely and exclusively from revenues derived from such lands and shall not impose any liability upon the general credit and taxing power of the state.

§ 58-505. Authority to sell, lease, transfer or exchange lands or products.

The state board of land commissioners shall have full power and authority to sell, exchange or lease lands under its jurisdiction and/or exchange products of lands obtained under the provisions of this act for other forest or park lands when in its judgment it is advantageous to the state to do so in the highest orderly development and management of state forests and state parks: provided, however, said sale, lease or exchange shall not be contrary to the terms of any contract which it has entered into. The board shall have full power and authority to transfer to the department of parks and recreation lands acquired under the provisions of this chapter that are suitable for park or other purposes provided for in sections 67-4240 through 67-4244, Idaho Code.

§ 58-506. Separability.

Should any part of this act be declared unconstitutional or invalid by a court of competent jurisdiction, it shall not affect the validity of the remainder of the act, but the act shall be construed as though that part were not incorporated therein.

§ 58-507. Legislative findings and purposes.

The legislature of the state of Idaho finds:

1. That the following described tracts of endowment land, containing fifty-seven and two-tenths (57.2) acres of endowment land, more or less, managed by the state board of land commissioners, are located near, adjacent to, or within the boundaries of Ponderosa State Park near McCall, Idaho:
   1. Part Government Lot 1, Part Government Lot 2, Section 4, T18N, R3E, B.M., containing forty-eight (48) acres, more or less, and commonly referred to as Lakeview Village;
   2. One (1) parcel of vacant land in Government Lots 1 and 2, Section 4, T18N, R3E, B.M., containing six (6) acres, more or less;
   3. Part Government Lot 7, Section 34, T19N, R3E, B.M., containing two and eight-tenths (2.8) acres, more or less, commonly referred to as the Nazarene Church Camp;
   4. One (1) cottage site lease lot in Government Lot 7, Section 34, T19N, R3E, B.M., containing four-tenths (.4) acres, more or less, currently leased to Marie Whitesel.
2. That the Idaho park and recreation board manages Ponderosa State Park for public recreation and desires to consolidate ownership and management of the described parcels of endowment land with the existing park;
3. That endowment lands are held in trust by the state board of land commissioners and are managed to generate the maximum long-term financial returns to the institution to which granted, or to the state if not specifically granted;
4. That any transaction in which the Idaho park and recreation board acquires title to endowment lands, for inclusion in Ponderosa State Park, the state board of land commissioners shall receive title to real property of equivalent market value through land exchange;
5. The Idaho park and recreation board and the state board of land commissioners have agreed to enter into a contract by which the Idaho park and recreation board may acquire the described endowment lands, associated timber, and improvements now owned by the state board of land commissioners, through land exchange at not less than fair market value, as determined by qualified appraisals;
6. The Idaho park and recreation board has agreed to acquire title to the described endowment lands subject to any outstanding rights and reservations of record, and shall pay all costs of the transactions including, but not limited to, surveys and appraisals;
7. It is the intent of the legislature to provide funds for this exchange to the Idaho park and recreation board in a timely manner.

§ 58-601. Rights of way for ditches and reservoirs.

Any person or persons desiring to construct over or upon any of the lands owned or controlled by the state of Idaho, any ditch, canal, reservoir or other works for carrying or distributing public waters for any beneficial use, may make application to the state board of land commissioners for said right of way, and shall at the same time file, in duplicate, both in the office of the state board of land commissioners and in the office of the department of water resources, maps showing the location of such lands by accurate survey of such ditch, canal, reservoir or other irrigation works. Such map shall be drawn on tracing linen on a scale of not less than one thousand (1000) feet to the inch, and shall be accompanied by the field notes of survey of such irrigation works.

In the case of a reservoir the maps shall show by contour lines at intervals not greater than ten (10) feet, the topographic features of such reservoir site, and shall state the capacity of such reservoir in acre feet; and when the dam or embankment of such reservoir shall be more than ten (10) feet in height, plans showing the construction of such dam or embankment shall be filed in duplicate in the office of the state board of land commissioners and in the office of the department of water resources. All such maps, plans and field notes shall be certified by the engineer under whose direction such surveys or plans were made. If such map or description is defective or incomplete, the state board of land commissioners may order the same to be corrected; and the state board of land commissioners may grant land for such right of way upon the payment of such compensation therefor as may be deemed reasonable, not less than ten dollars ($10.00) per acre, and upon such terms and conditions as they may deem best: provided, that the works for which the right of way is herein provided must be completed within the time mentioned in the application for the same (which shall accompany such map), which shall in no case be more than five (5) years from the time of filing such application and maps, and the construction of the works herein mentioned must be commenced within one (1) year after such application and maps are filed, and must be prosecuted to completion diligently and uninterruptedly on a scale reasonably commensurate with the magnitude of the proposed works, in order to obtain the right of way under this section.

It shall be the duty of the director of the department of lands, upon the granting of the said rights of way, to note the same upon the plats of the said lands on file in his office.

§ 58-603. Rights of way for public utility lines, highway, and other purposes.

The state board of land commissioners is hereby empowered to grant, over and upon any land owned or controlled by the state of Idaho, rights of way for railroad, telegraph, telephone and electric lines, pipelines for natural and manufactured gas, rights of way for highway purposes, and rights of way for any other public or private purpose or beneficial use. Application for such right of way must be accompanied by a map, in duplicate, showing the course of such right of way over each smallest legal subdivision of land, and the amount of land required for said right of way. The said right of way may be granted by the state board of land commissioners upon such terms and upon such compensation being paid therefor as the said board may determine: provided, that no land shall be sold under the provisions of this section for less than ten dollars ($10.00) per acre. Upon the said right of way being granted, it shall be the duty of the director of the department of lands to enter the same upon the plats of state lands on file in his office: provided further, that if the lands so granted are not used for the purpose specified in the application for right of way, within five (5) years from the granting of such right of way, then in such event the said lands so granted shall revert to the state; or if the tracks or works upon such lands for which such right of way has been granted are not completed within five (5) years after such right of way has been granted, the state land board shall have the right to declare such rights of way forfeited.

§ 58-604. Rights of way — Grant to United States.

There is hereby granted over all the lands now or hereafter belonging to the state a right of way for ditches constructed by authority of the United States. All conveyances of state lands hereafter made shall contain a reservation of such right of way.

§ 58-701. Military lands — Yellowstone National Park lands — Cession — Jurisdiction for execution of process reserved.

Pursuant to article 1, section 8, paragraph 17, of the Constitution of the United States, consent to purchase is hereby given, and exclusive jurisdiction ceded, to the United States over and with respect to all lands embraced within the military posts and reservations of Fort Sherman and Boise Barracks, together with such other lands in the state as may be now or hereafter acquired and held by the United States for military purposes, either as additions to the said posts or as new military posts or reservations which may be established for the common defense; and, also, all such lands within the state as may be included in the territory of the Yellowstone National Park, reserving, however, to the state a concurrent jurisdiction for the execution, upon said lands, or in the buildings erected thereon, of all process, civil or criminal, lawfully issued by the courts of the state, and not incompatible with this cession.

§ 58-703. Lava Hot Springs — Cession to United States authorized.

The state board of land commissioners, acting for and on behalf of the state of Idaho, is hereby authorized, empowered and directed to cede, grant, relinquish and convey to the government of the United States, such part or parcels of lands hereinafter described as may be convenient and necessary, and required as and for a site for a national veterans’ sanatorium or hospital, and such portion of the hot mineral and cold water and water rights appurtenant to the said lands as may be necessary and convenient for the operation and maintenance of such institution, and such mineral baths as may be maintained and operated in connection therewith, and for the irrigation, operation and maintenance of the grounds and lands upon which such institution and baths are located and maintained. Upon acceptance by the United States government and the proper department or bureau thereof, authorized by any act of congress, to erect such veterans’ sanatorium or hospital, the state board of land commissioners shall execute a conveyance in fee simple to said United States government or its department or bureau, which deed shall be signed by the governor and countersigned by the secretary of state and by the director of the department of lands, and attested with the great seal of the state and seal of the state board of land commissioners, which said deed shall operate to convey a good and sufficient title in fee simple.

§ 58-704. Lava Hot Springs — Description of lands.

The lands or such portion thereof as may be necessary and convenient for the location of, and for a site for such national veterans’ sanatorium or hospital, and which this act declares may be conveyed as provided in section 58-703[, Idaho Code], are particularly described as follows:

The northwest quarter (NW 1/4) of the southwest quarter (SW 1/4) and the lots nine (9) and ten (10) in section twenty-two (22), and the lots seven (7) and eight (8) in section twenty-one (21) in township nine (9) south of range thirty-eight (38) east of the Boise meridian in Idaho, and the waters and water rights appurtenant thereto.

§ 58-705. Consent to land purchase for migratory labor homes projects — Jurisdiction.

Consent is given to any purchase already made, or that may hereafter be made, by the government of the United States of any lots, or tracts of land within this state, for migratory labor homes projects; and over such lands and the buildings or improvements that are, or may hereafter be, erected thereon the United States shall have entire control and jurisdiction, except that the state shall have jurisdiction to execute thereon any process, civil or criminal, lawfully issued by the courts of this state, and not incompatible with this cession.

§ 58-706. Consent to land purchase for stream flow protection and other purposes.

Consent of the state of Idaho is hereby given for the acquisition by the United States by purchase, of such lands in the state of Idaho, as in the opinion of the secretary of agriculture may be needed for stream flow protection, production of timber, erosion control, and/or other purposes, subject to the right of the state to cause its civil and criminal processes to be executed on such lands and to punish offenses against the laws of the state committed on lands so acquired.

§ 58-707. Cession over real property of veterans administration hospital.

The state of Idaho hereby accepts the cession of concurrent jurisdiction with the United States over the real property comprising the veterans administration hospital, Boise, Idaho, as permitted by Public Law 93-82 (38 U.S.C. 5007).

§ 58-801. Entry of town sites.

It is the duty of the corporate authorities of any city or incorporated town, or a judge of the district court within any county in which is situated any unincorporated town, to enter at the proper land office of the United States such quantity of land as the inhabitants of such city or town may be entitled to claim, in the aggregate, according to the population, in the manner required by the laws of the United States and the regulations prescribed by the secretary of the interior of the United States, and make and sign all necessary declaratory statements, certificates and affidavits, or other instruments requisite to carry into effect this chapter and chapter 8 of title 32 of the Revised Statutes of the United States, and to make proof, when required of the facts necessary to establish the claim of such inhabitants to the lands so granted by the laws of congress.

§ 58-802. Conveyance — How executed.

Any such corporate authorities, or judge, holding the title to any such lands in trust, as declared in said acts of congress, must, by a good and sufficient conveyance, grant and convey the title to each and every block, lot, share or parcel of the same to the person entitled thereto, according to his rights or interest in the same as they exist, in law or equity, at the time of the entry of such lands, and when any parcel or share of such lands is occupied or possessed by one or more persons, claiming the same by grant, lease or sale, the respective rights and interests of such persons, in relation to each other in the same, are not changed or impaired by any such conveyance. Every conveyance, by such corporate authorities or judge, pursuant to the provisions of this chapter, must be executed and acknowledged as to admit the same to be recorded, and if made previous to the issuing of the patent for such lands, it must contain a covenant that the grantor will, after the issuing of such patent, execute, acknowledge and deliver to the grantee, his heirs or assigns, such further conveyance as may be or become necessary to fully vest and perfect the title to the lands therein described in the grantee, his heirs or assigns.

§ 58-803. Notice of entry.

At any time after the entry of such lands, and before three (3) months from the date of the receipt of a patent therefor, the corporate authorities or judge entering the same, must give public notice of such entry by posting the notice thereof in at least three (3) public places in said town, and by publishing such notice in a newspaper printed and published in the county in which such town is situated, or in case there is no such newspaper, then in some newspaper printed and published at the seat of government; such notice must be published once in each week for at least three (3) successive weeks, and must contain the name of the town and an accurate description of the lands so entered as the same are described in the certificate of entry, duplicate receipt for the purchase money thereof issued at the time of entry, or in the patent in case patent has issued.

§ 58-804. Claims for lots.

Every person, association or company claiming to be entitled to such lands, or to any block, lot, share or parcel thereof, must, within sixty (60) days after the first publication of such notice, in person or by duly authorized agent or attorney, sign a statement in writing containing an accurate description of the particular parcel or parts in which he claims to have an interest, and the specified right, interest or estate therein, which he claims to be entitled to receive, also a brief statement of the facts upon which such right, interest or estate depends for its validity, and deliver the same to such corporate authorities or judge, and all persons failing to sign and deliver such statement, within the time specified in this section, are, as against any claimant, forever barred the right of claiming or recovering such lands, or any interest therein. In case any lots, pieces or parcels of land remain unclaimed and unconveyed at the end of said sixty (60) days, all such lots shall revert to and become the property of such town.

§ 58-805. Appointment of appraisers.

The corporate authorities of such town, in case the same be incorporated, or otherwise, the judge, shall appoint, by order, resolution or ordinance, a board of appraisers, to consist of three (3) freeholders or householders of such town, who shall have no interest in such unclaimed or unconveyed lots or parcels of land, or the improvements thereof. Each of said appraisers shall take an oath to faithfully discharge his duties as such appraiser, and shall file such oath in the office of the clerk of such municipality or county before commencing his duties as such appraiser. In case such appraisers should fail or neglect to make appraisements hereinafter specified and file the same with said clerk for a period of more than ten (10) days after their appointment, then said judge or corporate authorities may appoint a new board of appraisers for the purposes herein provided. It shall be the duty of such authorities to appoint such appraisers within thirty (30) days after the time has expired for persons to present claims for lots, pieces or parcels of land in such town.

§ 58-806. Appraisement of unclaimed lots.

Said appraisers shall appraise all lots, pieces or parcels of land, unclaimed or not conveyed by virtue of any law, in such town, at their just and full cash value, and file their written appraisement thereof with said clerk. Said appraisement shall contain a description of each lot, piece or parcel of land so appraised, and a statement of the cash value of the same. Said appraiser shall make a separate statement of the value of such lots, pieces and parcels of land without improvements, and the value of such improvements, and the aggregate value of both. There shall be attached to such appraisement a written affidavit of said appraisers verifying each statement of such appraisement and alleging that each of such lots and parcels of land is appraised at its just and full value. This appraisement shall be required only in cases where the time has expired by law for claimants to file their statements.

§ 58-807. Notice of sale.

The mayor or president of the board of trustees, or judge, as the case may be, shall, upon the filing of such appraisements, give notice signed in his official capacity of the time and place of sale of such lots and parcels of land by an advertisement published once a week for three (3) successive weeks in some newspaper published in the county where such town is situated, or, if no newspaper is published in said county, then in the paper published nearest such town. Such sale shall be advertised to be made at some public place in said town, and to be sold at some specified time between the hours of sunrise and sunset.

§ 58-808. Conduct of sale — Reappraisement and resale.

Such lots or parcels of land shall be sold at public vendue to the highest bidder for cash, and shall be offered for sale singly, unless a greater price can be obtained by selling several lots or parcels of land together, in which case several lots or parcels can be sold together after an attempt has been first made to sell the same singly. Such sale may be continued, if necessary, from day to day, for a period not to exceed three (3) days at any one (1) sale. In case all said lands are not sold at the first sale, the sale of the remaining lands shall be advertised as many times as may be necessary to sell said lands, and all sales subsequent to the first sale shall be advertised and conducted the same as the first sale, provided, however, that the judge or corporate authorities may, when petitioned by a majority of the landowners in such town site, withhold from public sale and dedicate to public use such parcels of such town site as are appropriate for public use. No lot or parcel of land shall be sold at less than its appraised value. A new appraisement may be had of all lands remaining unsold: provided, that such new appraisement shall not be made oftener than once every three (3) months. Such new appraisement shall be made by a new board of appraisers, to be appointed in the same manner as the first board of appraisers were appointed, or by the old board of appraisers.

§ 58-809. Purchase by entryman.

In all cases where, subsequent to the time provided by law for persons to claim lots on such town site, any person may have entered thereon and improved any lots belonging to such town, such person, after the report of said board of appraisers, and prior to public sale, may purchase any such lots from the judge or corporate authorities of such town for cash, at the appraised values of such lots, pieces or parcels of land, inclusive of improvements, unless there shall be adverse claimants to any such lots, in which case the respective rights of such claimants shall be determined as hereinafter provided.

§ 58-810. Proceeds of sale.

The proceeds received from such sales shall be disposed of as follows:

1. They shall be applied to pay the expenses of said sale.
2. To discharge any outstanding claims incurred in entering the town site of said town.
3. The surplus, if any, shall be a special fund, to be held by such judge or corporate authorities, to be used in making public improvements in such town.

§ 58-811. Suits to determine adverse claims.

In case there shall be adverse claimants to such lands, or to any part, parcel or share thereof, either party may bring a suit against the adverse claimant or claimants, in the district court of the judicial district, in the county in which the land shall be situated: provided, that no judge of the district court who has been an adverse claimant, directly or indirectly, of any portion of the lands embraced within such town, or who is a party to any action brought to determine the right to a conveyance of any portion of the lands within such town, shall entertain, hear or determine any action brought to determine any such claims, by or between any parties whomsoever; but in all such cases, if the cause shall be pending in a district court, the judge thereof shall order all papers, with a transcript of the record in said cause, to be transmitted to another judicial district, as in cases of change of venue: provided, that the laws applicable to a change of venue shall apply to actions brought under this chapter. Suits shall be brought against adverse claimants as defendants, and it shall not be necessary to make the district judge or corporate authorities parties thereto. The complaint must show what interest or estate in the lands in controversy the plaintiff claims.

§ 58-812. First settler entitled to land.

Upon the trial in such action either party may give in evidence the statement mentioned in this chapter, deposited by the other, or by the person under whom he claims, with the corporate authorities or judge holding the title to the lands in controversy therein, and the person who made the first claim to, and settlement upon such lands, either in person or by agent, servant or tenant, or those claiming under him, must in such actions be deemed to have the right to such lands, provided there has been no abandonment thereof since such settlement.

§ 58-813. Notice to commence suit.

In case suits shall not be brought for the purpose of settling or determining any controversy to any such lands by either of the adverse claimants, within sixty (60) days after the expiration of the time for filing the statement as provided in section 58-804[, Idaho Code], it shall be the duty of the judge or corporate authorities to give notice to the adverse claimant last filing his claim, or if there be more than one adverse claim filed, then to the last adverse claimant, directing him to commence his action against the other claimants as defendants to determine their respective rights to said lands, within twenty (20) days from service of notice on him, and in case such adverse claimant neglects or refuses to commence the action within the time specified, he shall be deemed to have waived and relinquished all right, title, interest and estate in the lands so in controversy, and be forever barred from asserting or claiming any right, title, interest or estate therein. Such notice may be served by the sheriff of the county in which said town is situated, or by any person over the age of twenty-one (21) years, and proof of such service may be made as in case of summons issued out of the district court. If the person or sheriff to whom said notice is given to serve, shows by affidavit or return that such adverse claimant can not be found in the county in which said lands are situated, service of such notice shall be by publication thereof for three (3) weeks in some newspaper published in the county where the lands are situated, and if no paper be published in said county, then by posting such notice in three (3) public places in the town where the lands are situate, and in addition thereto said notice shall be mailed to such adverse claimant at his residence or usual place of abode. In case there be more than one adverse claimant, and the last neglect or refuse to commence his action after service of notice as aforesaid, said judge or corporate authority shall serve like notice on the last adverse claimant until all have been notified as aforesaid. The provisions of this section shall apply to, and have the same effect of notice and forfeiture as against any adverse claimants to, lands and lots in town sites heretofore entered under said act of congress, after notice shall have been served as aforesaid.

§ 58-814. Service of summons.

Whenever complaint shall be filed in any action as provided in this chapter, summons shall issue against the proper parties, and shall be served upon the proper person or persons named therein, as in other cases provided by law, or upon the agent or attorney of such person or persons who shall have filed the statements as required in section 58-804[, Idaho Code]; and in case service cannot be had upon the defendant, his agent or attorney, service may be made by publication thereof as provided by law.

§ 58-815. Conveyance of land in suit.

The corporate authorities or judge, as the case may be, shall convey said lands in accordance with the judgments entered in such actions: provided, however, in case of appeals or writs of error to the Supreme Court, such conveyance shall not be made until final determination by the decision of the Supreme Court.

§ 58-816. Expense of entry a charge on land.

As soon as may be after the expiration of sixty (60) days after the first publication of the notice mentioned in section 58-803[, Idaho Code], the corporate authorities or judge holding the title to the lands described in such notice must make a true statement in writing containing a true account of all moneys expended in the acquisition of the title and the administration or execution of the trust to that time, including all moneys paid for the purchase of such land, all necessary traveling expenses, all moneys paid for posting and publishing notices, and the proof thereof, all costs of surveys and platting such lands, all necessary attorneys’ fees and costs of suit or actions necessarily prosecuted or defended in obtaining title to said lands, and for all other necessary and proper expenses incident to such trust, and also a true account of his time and service in the business of such trust to that time. The whole amount of such account for moneys so advanced, and reasonable charges for compensation as herein provided, is a charge upon the lands so held in trust, in favor of the trustee, and must be paid by the several claimants entitled to such lands who have filed their claims within the time mentioned in section 58-804[, Idaho Code], in proportion to the several quantities of shares thereof to which they are respectively entitled: provided, however, in incorporated cities or villages where the lands claimed are, owing to location, contour of surface or other causes, of different values, the city council, trustees or other legislative body of such city or village, may by ordinance fix the part or portion of the moneys so expended by such trustee and which are a charge against such lands, as herein provided, which shall be charged to each parcel of land, which shall be as near as may be in accordance with the relative values of the different parcels of land.

§ 58-817. Tender of charges and fees.

Before the corporate authorities or judge holding any such lands in trust as aforesaid can be required to execute, acknowledge or deliver any conveyance thereof, or of any lot, block, parcel or share thereof, as hereinbefore mentioned, to any person claiming to be entitled to such conveyance, such person must pay or tender the sum of money chargeable upon the part thereof to be conveyed according to the statement or account mentioned in the last section, together with interest on each of the money items of such account at the rate of 24 per cent per annum from the time when the same accrued, and also such further sums as are a reasonable compensation for preparing, executing and acknowledging such conveyance, and the fees of the officer taking the acknowledgment thereof.

§ 58-818. Conveyance to claimants.

After the expiration of sixty (60) days from the time of the first publication of the notice, the corporate authorities or judge holding the title to the lands described therein, must, upon a reasonable demand or request, and upon the payment or tender of the moneys mentioned in the last preceding section [58-817, Idaho Code], execute, acknowledge and deliver to each and every claimant, association or company of claimants of such lands, or of any lot, block, parcel or share thereof, a conveyance thereof, according to the statement made and deposited as aforesaid: provided, that no such conveyance must be executed, acknowledged or delivered for any part, lot, block or share of such lands to which there are adverse claimants, until the controversy thereon is settled or determined in the manner hereinbefore prescribed, and whenever any such controversy is so settled or determined, the said corporate authorities or judge must, upon the like demand or request, and the like payment or tender, convey the land, or interest, or share therein, the right to which has been thus ascertained, to the person thereby determined to be entitled to the same.

§ 58-819. Rights of trustee as claimant.

In case any judge or other officer who enters any such lands under the provisions of the acts of congress and thus becomes the sole trustee thereof, is possessed of, or entitled to, any part, lot, block or share thereof, according to and by virtue of the provisions of this chapter, and the same is not claimed adversely to him by any person, he is seized and possessed of the title thereto and estate therein to his own use in fee simple, absolute, free and discharged of such trust, and no conveyance other than the patent of the lands including the same is necessary to perfect his absolute title thereto. In case any such land or share therein so claimed by said judge or other officer, is claimed by any other person adversely to him, the conflicting claims must be adjusted or determined by settlement, arbitration or action as hereinbefore prescribed.

§ 58-820. Trustee holds title from entry.

For the purpose of determining the rights of adverse claimants to any land so entered, the corporate authorities or judge hereinbefore mentioned is deemed to possess and hold the title to such lands in trust from the time of the entry thereof.

§ 58-821. Costs of suit.

The costs in the actions mentioned in this chapter are recoverable as in other civil actions.

§ 58-822. Contracts for conveyance.

Every person in whom the title to any lands is vested under and by the provisions of this chapter may be compelled to specifically perform any prior valid agreement for a conveyance.

§ 58-823. Successor in office succeeds to trust.

The successor in office of any judge, mayor or other officer who entered lands under said laws of the United States, or who was trustee for the execution of the trust in that behalf, whether such officer or trustee acted under this chapter, or under any other general law, or any local or special act relating to any city or incorporated town, shall succeed to the trust, and shall have authority to execute the same as fully as his predecessor, the original trustee, might have done while in office; and when a mayor’s or other trustee’s deed of any block, lot, share or parcel of any such town site has been lost or can not be found, and there is no record thereof in the office of the county recorder, such successor, upon application to him in writing, duly verified, showing that no mayor’s or other trustee’s deed can be found to the part or parcel of such town site described in the application, and that no such deed thereto is of record in the office of the recorder of the county, and that the applicant, his ancestor, predecessor or grantor has been in the quiet, peaceable and undisturbed possession of said premises under claim of title for the full period of five (5) years next before the application, must, by good and sufficient conveyance, grant and convey the title of the premises described in the application to the applicant, which conveyance must be executed and acknowledged, and shall take and have effect as provided by section 58-802[, Idaho Code], for which and the acknowledgment thereof the trustee shall be entitled to receive a fee of five dollars ($5.00) from the applicant: provided, that in every such application for a deed under the provisions of this section, where an adverse claim to such parcel of said town site shall be made to such mayor for the same, the mayor in every such case shall remit the parties claiming deeds to the same to a court of competent jurisdiction to settle the same, and when so determined, then the said mayor shall execute such deed to the prevailing party.

§ 58-901. Actions to protect possessory rights.

Any person being a citizen of the United States or having in accordance with law declared his intention to become a citizen, occupying and settled upon any of the public lands of the United States in this state for the purpose of cultivating or grazing the same, may commence and maintain any action for interference with, or injury to his possession of such land, against any person interfering with or injuring the same; but if such land contains mines of any of the precious metals, the possession or claim of the person occupying the same for the purposes aforesaid must not prevent the working of such mines by persons desiring to work the same, as fully as if no such claim for agricultural or grazing purposes had been made thereon: provided, that this chapter must not be so construed as to allow a person, subsequent to the location of land for agricultural or grazing purposes, to go upon such lands for the purpose of mining without first paying the owner thereof the value of any growing crops he may destroy; this provision does not extend to any crops planted subsequent to their location for mining purposes; and this chapter must not be construed to authorize the maintenance of any claim upon lands which, at the commencement of any such action, may have been selected by the United States and reserved for any purpose.

§ 58-904. Improvement, cultivation and residence.

Within ninety (90) days after the date of such record said claimant must improve the land so recorded, unless the same has been previously improved by him or some one through whom he claims, by putting such improvements thereon as partake of the realty to the value of $200, and must continue to occupy and cultivate or graze the same or some portion thereof, either in person or by his agent or employee, and no person is entitled to maintain any such action unless he has complied with all the provisions of this chapter.

§ 58-905. Actions — Proof of improvements.

In any action for the possession of, or for any injury done to, a lot or parcel of land, situated in any city, town or village on the public lands, the plaintiff must be required to prove either an actual inclosure of the whole lot claimed by him, or the erection of a dwelling house or other substantial building on some part thereof, by himself or some person through whom he claims, and proof of such building, with or without inclosure, is sufficient to hold such lot or parcel to the bounds thereof, as indicated by the plat of such city, town or village, if there be one, and if there be no such plat, then to hold the same, with its full width and extent from and including such building to the nearest adjacent street, where the intervening space has not been previously claimed by adverse possession.

§ 58-1001. Short title. [Repealed.]

Repealed by S.L. 2010, ch. 60, § 1, effective July 1, 2010.

§ 58-1002. Legislative findings and purposes. [Repealed.]

Repealed by S.L. 2010, ch. 60, § 1, effective July 1, 2010.

§ 58-1003. Definitions. [Repealed.]

Repealed by S.L. 2010, ch. 60, § 1, effective July 1, 2010.

§ 58-1004. Sale of state timber. [Repealed.]

Repealed by S.L. 2010, ch. 60, § 1, effective July 1, 2010.

§ 58-1005. Certification and approval of bidders prior to bidding. [Repealed.]

Repealed by S.L. 2010, ch. 60, § 1, effective July 1, 2010.

§ 58-1006. Removal from list of certified bidders. [Repealed.]

Repealed by S.L. 2010, ch. 60, § 1, effective July 1, 2010.

§ 58-1007. Implementation of this chapter. [Repealed.]

Repealed by S.L. 2010, ch. 60, § 1, effective July 1, 2010.

§ 58-1008. Severability. [Repealed.]

Repealed by S.L. 2010, ch. 60, § 1, effective July 1, 2010.

§ 58-1101. Short title.

This act shall be known as the “Idaho Real Property Acquisition Act of 1971.”

§ 58-1102. Definitions.

As used in this act:

1. “Owner” means any individual, family, business, corporation, partnership, association, or farm operation having any right, title or interest in property which is acquired, condemned, or sought to be acquired or condemned by a department or an agency as defined in this act.
2. “Department” means the division of highways of the department of transportation of the state of Idaho.
3. “Political subdivision” means any local unit or agency of government of the state of Idaho, and includes but is not limited to good roads districts, highway districts, cities and counties.
4. “Agency” means any department, agency or instrumentality of the state of Idaho or of any political subdivision thereof which is financed in whole or in part by funds furnished by the federal government and which is authorized by the laws of the state of Idaho to acquire property by eminent domain.
5. “Business” means any lawful activity, excepting a farm operation, conducted primarily for the purchase, sale, resale, lease and rental of personal property and real property, and for the manufacture, processing or marketing of products, commodities, or any other personal property; or for the sale of services to the public; or by a nonprofit organization or corporation.
6. “Farm operation” means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator’s support.

§ 58-1103. Acquisition of improvements adversely affected by use of real property acquired — Rights of tenants — Alternate modes of payment — Rights under other laws saved.

1. Notwithstanding any other provision of the laws of this state, if the department, a political subdivision, or an agency acquires any interest in real property, it may acquire at least an equal interest in all buildings, structures, or other improvements located on the real property so acquired and which it determines will be adversely affected by the use to which such real property will be put.
2. For the purpose of determining just compensation to be paid for any building, structure, or other improvement acquired under subsection (a) of this section, such building, structure, or other improvement may be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant as against the owner of any other interest in the real property, to remove such building, structure, or improvement at the expiration of his term.
3. The tenant may be paid the greater of (1) the fair market value of the building, structure, or improvement which the building, structure, or improvement contributes to the fair market value of the real property to be acquired, or (2) the fair market value of the building, structure, or improvement when its removal is considered in the appraisal.
4. Payment under subsection (b) or (c) of this section shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration of any such payment, the tenant shall assign, transfer, and release to the department, political subdivision, or agency all his right, title, and interest in and to such improvements.
5. Nothing contained in subsections (b), (c), or (d) of this section shall be construed to deprive the tenant of any rights to reject payment under subsections (b), (c), or (d) of this section and to obtain payment for such property interest in accordance with applicable law.

§ 58-1104. Unsuccessful or abandoned eminent domain proceeding — Award of litigation expense.

1. Should the court having jurisdiction of an eminent domain proceeding brought by the department, a political subdivision, or an agency seeking condemnation of an owner’s property render judgment that the department, political subdivision, or agency may not acquire the property by condemnation or should the proceeding be abandoned by the department, political subdivision, or agency, the court may award or the department, political subdivision, or agency may pay the owner of the real property such sum as will in the opinion of the court or the department, political subdivision, or agency reimburse such owner for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceeding.
2. Should the department, political subdivision or agency amend the project after filing the condemnation complaint and service of the summons and the defendant property owner has actually incurred costs, disbursements, expenses and/or attorney’s fees thereafter directly relating to factual or legal issues or damage claims that are rendered moot by such amendment, then upon motion by the defendant property owner prior to judgment the court shall award such sum as will in the opinion of the court reimburse such defendant property owner for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and expert fees, actually incurred for generating the evidence rendered moot by reason of the amendment. The parties may stipulate that the factual or legal issues or damage claims are rendered moot by such amendment, or the court may determine such upon submission of affidavits by the parties. Factors for the court to consider demonstrating that the property owner incurred costs that are directly related include, but are not limited to:
   1. Communications, or lack thereof, between the defendant property owner and the department, political subdivision or agency identifying the issues or claims rendered moot or requesting modifications to the project after service of the summons and prior to the time such amendment was made;
   2. Disclosure by the defendant property owner of expert reports, letters or opinions after service of the summons and prior to the time the amendment was made;
   3. Whether the department, political subdivision or agency and the defendant property owner each acted reasonably in negotiations after service of the summons and prior to such amendment; and/or
   4. Whether the claimed costs, disbursements and expenses actually caused the amendment.

Any costs, fees or expenses awarded by the court on such motion shall be paid by the department, political subdivision or agency within sixty (60) days after the court rules on the motion and prior to the conclusion of the case.

§ 58-1105. Action by owner for taking of property — Award of expenses of litigation.

Should an owner of real property be required to bring an action against the department, a political subdivision, or an agency for the taking of real property by such department, political subdivision, or agency, and prevail in such action, the court may award, or the department, political subdivision, or agency may pay, the plaintiff such sum as will in the opinion of the court or the department, political subdivision, or agency reimburse such plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the proceeding.

§ 58-1201. Findings.

The legislature hereby finds and declares:

1. Upon admission of the state of Idaho into the union, the title to the beds of navigable waters became state property, and subject to its jurisdiction and disposal under the equal footing doctrine. According to the United States supreme court’s decision in Shively v. Bowlby, the state has the right to dispose of the beds of navigable waters, “in such manner as [it] might deem proper,... subject only to the paramount right of navigation and commerce.” The state has the right to determine for itself “to what extent it will preserve its rights of ownership in them, or confer them on others,” Shively v. Bowlby, 152 U.S. 1, 56 (1893); and
2. Since the admission of the state of Idaho into the union, article XV of the constitution of the state of Idaho has governed the appropriation and use of the waters of Idaho. Pursuant to article XV of the constitution of the state of Idaho, the legislature of the state of Idaho has enacted a comprehensive system of laws for the appropriation, transfer and use of the waters of Idaho, which addresses the public interest therein; and
3. Upon admission of the state of Idaho into the union, the state was granted certain lands by the United States government as an endowment for designated institutions. Article IX of the constitution of the state of Idaho, and laws enacted pursuant thereto, establish a comprehensive system of laws for the management of state endowment lands, which addresses the public interest therein; and
4. The common law doctrine known as the public trust doctrine, adopted by inference in section 73-116, Idaho Code, has guided the alienation or encumbrance of the title to the beds of navigable waters held in trust by the state. The public trust doctrine has been cited in court decisions and pleadings in ways that have created confusion in the administration and management of the waters and endowment lands; and
5. The public’s interest in the environment is protected in other parts of Idaho’s constitutional or statutory law; and
6. The purpose of this act is to clarify the application of the public trust doctrine in the state of Idaho and to expressly declare the limits of this common law doctrine in accordance with the authority recognized in each state to define the extent of the common law.

§ 58-1202. Definitions.

For the purposes of this chapter, the following definitions apply:

1. “Beds of navigable waters” means those lands lying under or below the “natural or ordinary high water mark” of navigable waters.
2. “Natural or ordinary high water mark” means the line that water impresses on the soil by covering it for sufficient periods to deprive the soil of its vegetation and destroy its value for agricultural purposes. When the soil, configuration of the surface, or vegetation has been altered by man’s activity, the natural or ordinary high water mark shall be located where it would have been if no alteration had occurred.
3. “Navigable waters” means those waters that were susceptible to being used, in their ordinary condition, as highways for commerce on the date of statehood, under the federal test of navigability.
4. “Private property rights” means the property rights located above the beds of navigable waters.
5. “Public trust doctrine” means the common law rule relating to the title to the beds of navigable waters adopted by inference in section 73-116, Idaho Code.

§ 58-1203. Limitations to the application of the public trust doctrine.

1. The public trust doctrine as it is applied in the state of Idaho is solely a limitation on the power of the state to alienate or encumber the title to the beds of navigable waters as defined in this chapter. The state board of land commissioners may approve, modify or reject all activities involving the alienation or encumbrance of the beds of navigable waters in accordance with the public trust doctrine.
2. The public trust doctrine shall not be applied to any purpose other than as provided in this chapter. Specifically, but without limitation, the public trust doctrine shall not apply to:
   1. The management or disposition of lands held for the benefit of the endowed institutions as set forth in article IX of the constitution of the state of Idaho;
   2. The appropriation or use of water, or the granting, transfer, administration, or adjudication of water or water rights as provided for in article XV of the constitution of the state of Idaho and title 42, Idaho Code, or any other procedure or law applicable to water rights in the state of Idaho; or
   3. The protection or exercise of private property rights within the state of Idaho.
3. Nothing in this chapter shall be construed as a limitation on the power of the state to authorize public or private use, encumbrance or alienation of the title to the beds of navigable waters held in public trust pursuant to this chapter for such purposes as navigation, commerce, recreation, agriculture, mining, forestry, or other uses, if, in the judgment of the state board of land commissioners, the grant for such use is made in accordance with the statutes and constitution of the state of Idaho.
4. Nothing in this chapter shall be construed as repealing, limiting, or otherwise altering any statutory or constitutional provision of the state of Idaho including, but not limited to: title 42, Idaho Code, concerning the appropriation, transfer and use of the waters of Idaho; title 36, Idaho Code, concerning the regulation and management of fish and game and the right of public access on navigable waters; title 58, Idaho Code, relating to state lands and navigational encroachments; or chapter 43, title 67, Idaho Code, concerning the appropriation of waters in trust by the state of Idaho.

§ 58-1301. Encroachment on navigable lakes — Legislative intent.

The legislature of the state of Idaho hereby declares that the public health, interest, safety and welfare requires that all encroachments upon, in or above the beds or waters of navigable lakes of the state be regulated in order that the protection of property, navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty and water quality be given due consideration and weighed against the navigational or economic necessity or justification for, or benefit to be derived from the proposed encroachment. No encroachment on, in or above the beds or waters of any navigable lake in the state shall hereafter be made unless approval therefor has been given as provided in this act.

§ 58-1302. Encroachment on navigable lakes — Definitions.

1. “Navigable lake” means any permanent body of relatively still or slack water, including man-made reservoirs, not privately owned and not a mere marsh or stream eddy, and capable of accommodating boats or canoes. This definition does not include man-made reservoirs where the jurisdiction thereof is asserted and exclusively assumed by a federal agency.
2. “Beds of navigable lakes” means the lands lying under or below the “natural or ordinary high water mark” of a navigable lake and, for purposes of this act only, the lands lying between the natural or ordinary high water mark and the artificial high water mark, if there be one.
3. “Natural or ordinary high water mark” means the high water elevation in a lake over a period of years, uninfluenced by man-made dams or works, at which elevation the water impresses a line on the soil by covering it for sufficient periods to deprive the soil of its vegetation and destroy its value for agricultural purposes.
4. “Artificial high water mark” means the high water elevation above the natural or ordinary high water mark resulting from construction of man-made dams or control works and impressing a new and higher vegetation line.
5. “Low water mark” means that line or elevation on the bed of the lake marked or located by the average low water elevations over a period of years and marks the point to which the riparian rights of adjoining landowners extend as a matter of right, in aid of their right to use the waters of the lake for purposes of navigation.
6. “Riparian or littoral rights” means only the rights of owners or lessees of land adjacent to navigable waters of the lake to maintain their adjacency to the lake and to make use of their rights as riparian or littoral owners or lessees in building or using aids to navigation but does not include any right to make any consumptive use of the waters of the lake.
7. “Line of navigability” means a line located at such distance waterward of the low water mark established by the length of existing legally permitted encroachments, water depths waterward of the low water mark, and by other relevant criteria determined by the board when a line has not already been established for the body of water in question.
8. “Encroachments in aid of navigation” means and includes docks, piers, floats, pilings, breakwaters, boat ramps, channels or basins, and other such aids to the navigability of the lake, on, in or above the beds or waters of a navigable lake. The term “encroachments in aid of navigation” may be used interchangeably herein with the term “navigational encroachments.”
9. “Encroachments not in aid of navigation” means and includes all other encroachments on, in or above the beds or waters of a navigable lake, including landfills or other structures not constructed primarily for use in aid of the navigability of the lake. The term “encroachments not in aid of navigation” may be used interchangeably herein with the term “nonnavigational encroachments.”
10. “Board” means the board of land commissioners of the state of Idaho or its authorized representative.

§ 58-1303. Encroachment on navigable lakes — Powers of state land board.

The board of land commissioners shall regulate, control and may permit encroachments in aid of navigation or not in aid of navigation on, in or above the beds or waters of navigable lakes as provided herein.

§ 58-1304. Encroachment on navigable lakes — Rules and regulations.

The board may adopt, revise and rescind such rules and regulations and issue such general orders as may be necessary to effectuate the purposes and policy of this chapter within the limitations and standards set forth in this chapter. Rules, regulations and orders adopted or issued pursuant to this section may include, but are not limited to, minimum standards to govern projects or activities for which a permit or permits have been received under this chapter and regulations governing procedures for processing applications and issuing permits under this chapter. Minimum standards shall not be adopted pursuant to this section until after they have been offered for review and comment to other state agencies having an interest in activities regulated under this chapter. Any standards, rules, regulations and general orders adopted or issued pursuant to this section shall be promulgated in accordance with the provisions of chapter 52, title 67, Idaho Code, to the extent that the provisions of chapter 52, title 67, Idaho Code, are not inconsistent herewith.

§ 58-1305. Noncommercial navigational encroachments — Procedures — Repairs — Forms.

1. Applications for construction or enlargement of navigational encroachments not extending beyond the line of navigability nor intended primarily for commercial or community use shall be processed by the board with a minimum of procedural requirements and shall not be denied nor appearance required except in the most unusual of circumstances or if the proposed encroachment infringes upon or it appears it may infringe upon the riparian or littoral rights of an adjacent property owner.
2. If the plans of the proposed encroachment indicate such infringement will or may occur, the board shall require that the applicant secure the consent of such adjacent owner or that he be given notice of the application by personal service or by certified or registered mail, return receipt requested, directed to him at his usual place of address, which, if not otherwise known, shall be the address shown on the records of the county treasurer or assessor, and such adjacent owner shall have ten (10) days from the date of personal service or receipt of certified or registered mail to file objection with the board. The application itself shall be deemed sufficient notice if the adjacent owner is the state of Idaho.
3. In the event objection to the application is filed by an adjacent owner or if the board deems it advisable because of the existence of unusual circumstances, the board shall fix a time, no later than sixty (60) days from the date of filing application, and a place, for affording the applicant and the adjacent owner filing objection to appear and present evidence in support of or in opposition to the application and within forty-five (45) days thereafter shall render a decision and give notice thereof to the parties concerned who may thereafter resort to appellate procedures prescribed in section 58-1306, Idaho Code.
4. A permit shall not be required for repair of an existing navigational encroachment.
5. A permit shall not be required for replacement of an existing navigational encroachment if all the following conditions are met:
   1. The existing encroachment is covered by a valid permit in good standing.
   2. The existing encroachment meets the current requirements for new encroachments.
   3. The location and orientation of the replacement do not change from the existing encroachment.
   4. The replacement will be the exact same size or smaller and the same shape as the existing encroachment.
   5. The replacement will not be located closer to adjacent littoral right lines than the existing encroachment.
6. Applications submitted under this section shall be upon forms to be furnished by the board and shall be accompanied by plans of the proposed navigational encroachment containing information required by section 58-1302(k), Idaho Code, and such other information as the board may by rule require in conformance with the intent and purpose of this chapter.
7. If notice to an adjacent owner is not required or if the adjacent owner has consented to the proposed encroachment or has failed to file objection to the proposed encroachment within the time allowed following service of notice, the board shall act upon the application as expeditiously as possible but no later than sixty (60) days from receipt of the application and failure to act within such time shall constitute approval of the application. (h) All permits issued for noncommercial navigational encroachments shall be recorded in the records of the county in which the encroachment is located and shall be a condition of issuance of a permit. Proof of recordation shall be furnished to the department by the permittee before a permit becomes valid. Such recordation shall be at the expense of the permittee. Recordation of an issued permit serves only to provide constructive notice of the permit to the public and subsequent purchasers and mortgagees, but conveys no other right, title or interest on the permittee other than validation of said permit.

§ 58-1306. Nonnavigational or commercial navigational encroachments — Community navigational encroachments — Navigational encroachments beyond line of navigability — Application — Procedures — Publication of notice — Hearing — Appeals — Reconsideration — Criteria priority.

1. Applications for construction, enlargement or replacement of a nonnavigational encroachment, a commercial navigational encroachment, a community navigational encroachment, or for a navigational encroachment extending beyond the line of navigability shall be submitted upon forms to be furnished by the board and accompanied by plans of the proposed encroachment containing information required by section 58-1302(k), Idaho Code, and such other information as the board may by rule require in conformance with the intent and purpose of this chapter. Applications for nonnavigational, community navigational, or commercial navigational encroachments must be submitted or approved by the riparian or littoral owner.
2. Within ten (10) days of receipt of an application submitted under subsection (a) of this section, the board shall cause to be published in a newspaper having general circulation in the county in which the encroachment is proposed, once a week for two (2) consecutive weeks, a notice advising of the application and describing the proposed encroachment and general location thereof. Applications for installation of buried or submerged water intake lines and utility lines shall be exempt from the newspaper publication process. The board may also furnish copies of the application and accompanying plans to other state agencies having an interest in the lake to determine the opinion of such state agencies as to the likely effect of the proposed encroachment upon adjacent property and lake value factors of navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty or water quality. Within thirty (30) days following receipt of such copy of the application and plans from the board, such other state agency shall notify the board of its opinion and recommendations, if any, for alternate plans determined by such agency to be economically feasible to accomplish the purpose of the proposed encroachment without adversely affecting unreasonably adjacent property or other lake value factors.
3. Any resident of the state of Idaho, or a nonresident owner or lessee of real property adjacent to the lake, or any state or federal agency may, within thirty (30) days of the first date of publication, file with the board an objection to the proposed encroachment and a request for a hearing on the application. If a hearing is requested, the same shall be held no later than ninety (90) days from the date of filing the application and notice of such hearing shall be given in the manner prescribed for publishing notice of application. The board may, in its discretion, within ten (10) days of filing the application, order a hearing in the first instance in which case, publication of notice of the application shall be dispensed with. All such hearings shall be public and held under rules promulgated by the board under the provisions of chapter 52, title 67 of the Idaho Code. The board shall render a decision within thirty (30) days following conclusion of the hearing and a copy of the board’s decision shall be mailed to the applicant and to each person or agency appearing at the hearing and giving testimony in support of or in opposition to the proposed encroachment. Any applicant or other aggrieved party so appearing at a hearing shall have the right to have the proceedings and decision of the board reviewed by the district court in the county where the encroachment is proposed by filing notice of appeal within thirty (30) days from the date of the board’s decision. If the decision of the board be approval of a permit, the party or parties appealing shall file a bond on such appeal in an amount to be fixed by the court but not less than five hundred dollars ($500) insuring payment to the applicant of damages caused by delay and costs and expenses, including reasonable attorney’s fees, incurred on the appeal in the event the district court sustains the action of the board.
4. In the event no objection to the proposed encroachment is filed with the board and no hearing is requested or ordered by the board, based upon its investigation and considering the economics of navigational necessity, justification or benefit, public or private, of such proposed encroachment as well as its detrimental effects, if any, upon adjacent real property and lake value factors, the board shall prepare and forward to the applicant by certified mail its decision and the applicant, if dissatisfied therewith, shall have twenty (20) days from the date of mailing of such decision to notify the board if he requests a reconsideration thereof and if such request is made, the board shall set a time and place for reconsideration, not to exceed thirty (30) days from receipt of such request, at which time and place the applicant may appear in person or by authorized representative. If aggrieved by the board’s decision following reconsideration, the applicant may appeal to the district court in the same manner as that provided for following a hearing.
5. In recognition of continuing private property ownership of lands lying between the natural or ordinary high water mark and the artificial high water mark, the board shall consider unreasonable adverse effect upon adjacent property and undue interference with navigation the most important factors to be considered in granting or denying an application for a nonnavigational encroachment, a commercial navigational encroachment, or a community navigational encroachment not extending below the natural or ordinary high water mark. If no objections have been filed to the application and no hearing has been requested or ordered by the board, or, if upon reconsideration of a decision disallowing a permit, or following a hearing, the board determines that the benefits, whether public or private, to be derived from allowing such encroachment exceed its detrimental effects, it shall grant the permit. As a condition of the permit, the board may require a lease or easement for use of any part of the state owned bed of the lake.
6. All permits issued for nonnavigational encroachments, commercial navigational encroachments, and community navigational encroachments shall be recorded in the records of the county in which the encroachment is located and shall be a condition of issuance of a permit. Proof of recordation shall be furnished to the department by the permittee before a permit becomes valid. Such recordation shall be at the expense of the permittee. Recordation of an issued permit serves only to provide constructive notice of the permit to the public and subsequent purchasers and mortgagees, but conveys no other right, title or interest on the permittee other than validation of said permit.
7. A permit shall not be required for repair of an existing nonnavigational encroachment, commercial navigational encroachment, or community navigational encroachment.

§ 58-1307. Fees for specified permits — Costs of publication.

Application for a permit for any noncommercial navigational encroachment shall be accompanied by a nonrefundable fee of up to five hundred dollars ($500). Application for a permit for any noncommercial nonnavigational encroachment for bank stabilization and erosion control or for fisheries and wildlife habitat improvements shall be accompanied by a nonrefundable fee of up to one thousand dollars ($1,000). Application for a permit for any other nonnavigational or commercial navigational encroachment or navigational encroachment which extends beyond the line of navigability shall be accompanied by a nonrefundable base fee, not to exceed three thousand five hundred dollars ($3,500). Provided however, the board shall charge applicants for permits for commercial navigational encroachments the actual costs of processing the application in the event the actual costs exceed three thousand five hundred dollars ($3,500). In addition, the board shall charge the applicant with costs of publishing notice of the application which shall be refunded if such notice is not published. Any person or agency requesting a hearing upon the application shall deposit and pay to the board an amount sufficient to cover the cost of publishing notice of hearing.

§ 58-1308. Penalty for violation — Injunctive relief.

1. Any person who violates any of the provisions of this chapter or any valid and authorized regulation, rule, permit or order of the board, or, where notified by personal service or certified mail of such violation and thereafter fails to cease and desist therein or obey an order of the board within the time provided in such notification or within thirty (30) days of service of such notice if not otherwise provided, shall be subject to a civil penalty of not less than one hundred fifty dollars ($150) nor more than two thousand five hundred dollars ($2,500). Such civil penalty may be assessed by the board in conjunction with any other administrative action; provided, that no civil penalty shall be assessed unless the person was given notice and opportunity for a hearing pursuant to the administrative procedure act as set forth in chapter 52, title 67, Idaho Code. The board shall have authority and it shall be its duty to seek injunctive relief from the appropriate district court to restrain any person from encroaching on, in or above the beds or waters of a navigable lake until approval therefor has been obtained as provided in this chapter.
2. In addition to the civil penalty set forth in subsection (1) of this section, any person who violates any of the provisions of this chapter or any valid and authorized regulation, rule, permit or order of the board, and the violation causes harm to water quality, fisheries, or other public trust values, shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) per violation or one thousand dollars ($1,000) for each day of a continuing violation, whichever is greater. The method of recovery of said penalty shall be by a civil enforcement action in the district court in and for the county where the violation occurred. Parties to an administrative enforcement action may agree to a civil penalty as provided in this subsection.
3. In addition to such civil penalties, any person who has been determined to have violated the provisions of this chapter or any valid and authorized regulation, rule, permit or order of the board, shall be liable for any expense incurred by the state in enforcing the chapter, or in enforcing or terminating any nuisance, source of environmental degradation, cause of sickness or health hazard.
4. No action taken pursuant to the provisions of this chapter or of any other environmental protection law shall relieve any person from any civil action and damages that may exist for injury or damage resulting from any violation of this chapter or any valid and authorized regulation, rule, permit or order of the board.

§ 58-1309. Restoration — Mitigation of damages.

Any person legally found to be wrongfully encroaching on, in or above the beds or waters of a navigable lake shall, in lieu of or in addition to penalties provided herein, be directed by the court to restore the lake to as near its condition immediately prior to the unauthorized encroachment as possible or to effect such other measures as recommended by the board and ordered by the court toward mitigation of any damage caused by or resulting from such unlawful encroachment.

§ 58-1310. Existing rights unaffected.

This act shall not operate or be so construed as to impair, diminish, control or divest any existing or vested water rights acquired under the laws of the state of Idaho or the United States, nor to interfere with the diversion of water from lakes under existing or vested water rights or water right permits for irrigation, domestic, commercial or other uses as recognized and provided for by Idaho water laws nor shall permit be required from a water user or his agent to clean, maintain or repair any existing diversion structure or works provided the board is notified of the work proposed to be done and the work is done as nearly as possible in a manner conforming to rules and regulations of the board for work done under permit nor shall this act be construed to impair existing encroachments in aid of navigation or any right heretofore granted an applicant by the director of the Idaho department of water resources or the director of the department of lands, nor shall this act be construed to impair existing nonnavigational encroachments not extending beyond the natural or ordinary high water mark if they have been in existence at least five (5) years prior to the effective date of this act nor any other existing nonnavigational encroachment unless action to abate the same by legal proceedings be instituted by the board within three (3) years of the effective date of this act. If abatement proceedings be instituted by the board, the court shall hear such evidence as would be pertinent upon an original application and shall consider also the length of time the encroachment has existed and its general acceptance.

§ 58-1311. Disclaimer of state property rights in private lands.

While the state asserts the right to regulate and control all encroachments, navigational or nonnavigational, upon, in or above the beds or waters of navigable lakes as provided for in this act, nothing contained in this act shall be construed to vest in the state of Idaho any property right or claim of such right to any private lands lying above the natural or ordinary high water mark of any navigable lake.

§ 58-1312. Permitting of existing encroachments.

1. Unless otherwise prohibited, every person seeking a permit for a navigational or nonnavigational encroachment constructed prior to January 1, 1975, shall provide the board with substantive documentation of the age of the encroachment and documentation that the encroachment has not been modified since 1974. Persons providing such documentation shall receive an encroachment permit and shall not be required to pay the application and publication fees established in this chapter. Such substantive documentation shall include dated aerial photographs, tax records, or other historical information deemed reliable by the board.
2. Every person seeking a permit for a navigational or nonnavigational encroachment constructed, replaced or modified on or after January 1, 1975, shall submit a permit application and enter the same permitting process as required for new encroachments.

§ 58-1401. Declaration of policy.

It is in the interest of all the people of Idaho that the abundant rangeland resources of the counties and the state be properly managed to produce multiple resources and values along with sustained yields of forage and fiber to support the economic welfare of the counties and the state. Because rangeland management, on both public and private lands, is important to each citizen of the state, it is the purpose by the enactment of this chapter to promote the economic and environmental welfare of the counties and the state by providing a means for the collection and dissemination of information and research regarding the management and uses of the county’s and the state’s public and private rangeland resources and the livestock grazing industry.

§ 58-1402. Definitions.

As used in this chapter:

1. “Rangelands” means land on which the native vegetation is predominately grasses, grass-like plants, forbs, or shrubs, including lands revegetated naturally or artificially when routine management of that vegetation is accomplished mainly through manipulation of grazing. Rangelands include natural grasslands, savannas, shrublands, most deserts, tundra, alpine communities, coastal marshes and wet meadows.
2. “Private rangelands” means rangelands not owned by the federal government, state government, an Indian tribe or a political subdivision of the state.

§ 58-1403. Rangeland resources commission created — Members.

1. There is hereby created and established in the department of self-governing agencies the Idaho rangeland resources commission, to be composed of five (5) voting members appointed by the governor from a list of names, with at least two (2) names for each appointive office submitted to the governor. The Idaho cattle association shall nominate and submit the required number of names for two (2) seats on the commission, the Idaho wool growers association shall nominate and submit the required number of names for one (1) seat on the commission, the partners advisory council (PAC) of the university of Idaho rangeland center shall nominate and submit the required number of names for one (1) seat on the commission, and the Idaho rangeland resource commission shall nominate and submit the required number of names for one (1) seat to serve at large on the commission. Members of the commission shall serve five (5) year terms. Initially, one (1) member of the commission will serve a one (1) year term, one (1) member of the commission will serve a two (2) year term, one (1) member of the commission will serve a three (3) year term, one (1) member of the commission will serve a four (4) year term, and one (1) member of the commission will serve a five (5) year term. For the initial commission members, the duration of each member’s term shall be determined by lot. Vacancies to the board shall be filled through nominations to the governor by the entity who originally submitted names for the position. Only the remainder of the term shall be served. No commissioner can serve more than two (2) consecutive five (5) year terms. No two (2) commissioners may reside in the same county.
2. The governor shall also name as permanent advisory members to the commission the state director of the bureau of land management, a representative of the U.S. forest service, the state conservationist from the soil conservation service, the director of the Idaho department of lands, the director of the Idaho department of agriculture, the chairman of the partners advisory council of the university of Idaho rangeland center or his designee, the current president of the Idaho section of the society of range management, the deans of the university of Idaho colleges of agriculture and forestry, wildlife and range sciences or their designees. No advisory member of the commission shall have a vote on the commission.

§ 58-1404. Qualifications of the member and composition of the commission.

Each member of the commission shall be nominated and appointed because of their knowledge of the state’s rangelands, rangeland management and the livestock grazing industry, or because they possess communications skills which would enhance the ability of the commission to carry out its duties. Members of the commission shall be residents of the state who derive a substantial part of their income from the use of rangelands, own private rangelands, own private dry grazing land or is a licensed permittee on state or federal lands, within the state of Idaho. Corporations, firms, or other organizations may not, as such, serve as a member of the commission. Representatives, however, of corporations, firms, or other organizations that meet the requirements of membership to the commission may serve as commissioners.

§ 58-1405. Compensation of members.

Members of the commission may be compensated as provided in section 59-509(b), Idaho Code.

§ 58-1406. Chairman and staff of the commission.

The commission shall elect a chairman and may employ clerical or other staff who are not members of the commission.

§ 58-1407. Meetings of the commission.

The commission shall meet not less than one (1) time in every three (3) month period and at such times as may be determined by either the chairman or a majority of the commission members. Any meeting may be held at any location within the state, and at any time.

§ 58-1408. Duties and powers of the commission.

1. Consistent with the general purposes of this chapter, the commission shall establish the policies to be followed in the accomplishments of such purposes.
2. In the administration of the provisions of this chapter, the commission shall, in conjunction and cooperation with other entities which represent the livestock grazing industry, have the following duties, authorities and powers.
   1. Conduct research and surveys to determine public attitudes and levels of knowledge regarding rangeland management and the livestock grazing industry;
   2. Design educational campaigns and other needed efforts to provide the public with accurate information regarding the management of Idaho’s rangelands and the livestock grazing industry;
   3. Be an advocate for the proper management of Idaho’s rangelands and for a healthy livestock grazing industry in the state;
   4. Be a source of accurate and timely data regarding the rangeland resource and the livestock grazing industry;
   5. Make projections regarding availability of forage, new or existing products and markets, and other biological or social trends which might affect rangeland management or the livestock grazing industry in Idaho; and
   6. Cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state or by national law, engaged in work or activities similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education and publicity.
3. The commission shall also have the duty, power and authority:
   1. To take such actions as the commission deems necessary or advisable to stabilize and protect the livestock grazing industry of the state and the health and welfare of the public;
   2. To enter into such contracts as may be necessary or advisable;
   3. To appoint and employ officers, agents and other personnel, including experts in publicizing rangeland management or the livestock grazing industry, and to prescribe their duties and fix their compensation;
   4. To sue and be sued as a board, without individual liability of the board members, when the board is acting within the scope of the powers of the board;
   5. To make use of such advertising means and methods as the commission deems advisable and to enter into contracts and agreements for research and advertising within the state;
   6. To lease, purchase or own the real or personal property deemed necessary in the administration of the provisions of this chapter;
   7. To prosecute in the name of the state of Idaho any suit or action for collection of any assessment provided for in this chapter;
   8. To adopt, rescind, modify and amend all necessary and proper orders, resolutions and regulations for the procedure and exercise of its powers and the performance of its duties;
   9. To incur indebtedness and carry on all business activities; and
   10. To keep books and records and accounts of all its doings, which books, records and accounts shall be open to inspection at all times by the state controller and the public.

§ 58-1409. Limitations to the powers of the commission.

Irrespective of such actions as may be taken by individual members of the commission, the commission itself shall not use any funds or other resources of the commission to influence the outcome of any election for public office, be it state or federal, or to influence the enactment or defeat of any specific piece of legislation; provided however, the commission may, in the course of implementation of this chapter, generally and objectively inform the public of legislative or regulatory proposals which may affect the management of public or private rangelands in Idaho or the livestock grazing industry.

§ 58-1410. Commission accepting grants, donations and gifts.

The commission may accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this chapter which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this chapter shall be paid into a bank account in the name of the Idaho rangeland resources commission and such moneys are hereby continuously appropriated and made available for defraying the expenses of the commission in carrying out the provisions of this chapter.

§ 58-1411. Bonds of agents and employees.

Any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form, and manner as prescribed in chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this chapter.

§ 58-1412. Appointment of staff, duties, salary.

The commission may appoint clerical or other staff, on either a full or part-time basis, who shall devote their time to the administration of the provisions of this chapter. The staff shall be paid reasonable salaries as fixed by the commission, commensurate with their duties and experience.

§ 58-1413. Establishment of the commission’s office.

For the convenience of the majority of those most likely to be affected by the administration of this act, the commission shall establish and maintain an office within the state of Idaho.

§ 58-1414. State not liable for acts or omissions of the commission or of its employees.

The state of Idaho is not liable for the acts or omissions of the commission or any member thereof or any officer, agent or employee thereof.

§ 58-1414A. Imposition of fees.

1. There is hereby imposed, as of January 1, of each year, a fee upon owners of dry grazing land within the state of Idaho for the purpose of funding the activities and obligations of the Idaho rangeland resources commission. The fee shall be in the amount of two cents (2¢) per acre of dry grazing land. “Dry grazing land” is that category of land defined by the state tax commission for property tax purposes. No later than the third Monday in July, the county assessor shall provide the Idaho rangeland resources commission, via electronic media, an alphabetic list of the owners of dry grazing land in the county, as shown on the records of the county. The information on dry grazing land shall be provided as follows:
   1. Owner name;
   2. Billing address;
   3. County;
   4. Parcel identification number;
   5. Number of acres.
2. In addition to the fees imposed in subsection (1) of this section, there is hereby imposed, as of January 1 of each year a fee of ten cents (10¢) per animal unit month on all domestic cattle and sheep utilizing state grazing lands in the state of Idaho. The Idaho department of lands is hereby directed to collect this fee in conjunction with its annual billing for rental of grazing lands and shall remit such collection to the Idaho rangeland resource committee on a monthly basis.
3. In addition to the fees imposed in subsections (1) and (2) of this section, there is hereby imposed, as of January 1, of each calendar year, a fee of ten cents (10¢) per animal unit month on all domestic cattle and sheep utilizing United States forest service and bureau of land management lands in the state of Idaho if a joint exercise of powers agreement or memorandum of understanding has been entered into authorizing the collection of such a fee. The federal agencies shall, as part of their billing process, include provisions for the collection of this fee and remittance of the fee to the Idaho rangeland resources commission.
4. The fee established in subsections (1), (2) and (3) of this section, shall be a debt of the owner(s), lessee(s) or permittee(s) of the dry grazing land obligated to pay the fee and the fee shall be a debt owed the commission and may be collected by the commission using the normal process to recover a debt.
5. Any person may request from the commission in writing, within thirty (30) calendar days after payment thereof, a refund of all or any portion of an assessment levied hereunder. The commission shall make the refund not later than sixty (60) days after receipt of refund request as long as the commission has received the moneys from the entity collecting the assessment. (6) The commission may at its discretion, determine by a majority vote of the commission the minimum fees to be assessed as described in this section. Once such minimum fees have been adopted, the commission shall collect no fee owed pursuant to this section which is equal to or less than the minimum set by the commission. Prior to the adoption of minimum fees by the commission as described in this subsection, the minimum fee owed the commission shall be five dollars ($5.00) for the owners of dry grazing land as described in subsection (1) of this section. There shall be no minimum fee for the assessments described in subsections (2) or (3) of this section unless otherwise determined by the commission.

An owner of dry grazing land shall not be assessed the fee contained herein if the owner’s or owners’ legal representative signs an affidavit attesting under penalties of perjury that the dry grazing land is not utilized for grazing. The commission shall provide the form and the affidavit shall be filed with the commission prior to the second Monday in July of the current year. The commission shall file a duplicate copy of any affidavit received with the appropriate county assessor.

§ 58-1415. Deposit and disbursement of funds.

1. Immediately upon receipt, all moneys received by the commission shall be deposited in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
2. Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such account signed by two (2) officers designated by the commission when the amount of such payments exceeds two thousand dollars ($2,000). Such designees may include the members of the staff of the commission.
3. The right is reserved to the state of Idaho to audit the funds of the commission at any time.
4. On or before January 15 of each year, the commission shall file with the senate and house committees responsible for natural resources, the director of legislative services, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission for the preceding year. The report shall also include an estimate of income of the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1994, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding year.
5. All moneys received or expended by the commission shall be audited annually by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services. The audit shall be completed within ninety (90) days following the close of the fiscal year.
6. The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.

§ 58-1416. Dissolution of the commission.

1. Subject to the conditions set forth in this section, the commission may be dissolved upon a majority vote by the commission. No such vote may take place at anytime prior to three (3) years from the date of enactment of this chapter. No such vote may be taken unless first approved by a majority vote of those entities responsible for nominating commission members.
2. Should such dissolution as described in this section occur, any unencumbered funds held by the commission shall be distributed by the commission or as prescribed by state law.