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S1031..........................................by RESOURCES AND ENVIRONMENT
STATE LANDS - ACCESS - Amends existing law relating to the State Land Board
to provide that the board allow certain access to state lands.
01/18 Senate intro - 1st rdg - to printing
01/19 Rpt prt - to St Aff
01/24 Rpt out - ref'd to Res/Env
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1031
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO THE STATE LAND BOARD; AMENDING SECTION 58-104, IDAHO CODE, TO
3 CLARIFY REFERENCE TO THE POWERS AND DUTIES OF THE STATE BOARD OF LAND COM-
4 MISSIONERS, TO PROVIDE THAT THE BOARD ALLOW CERTAIN ACCESS TO STATE LANDS
5 AND TO MAKE A TECHNICAL CORRECTION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 58-104, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 58-104. STATE LAND BOARD -- POWERS AND DUTIES. The state board of land
10 commissioners shall have the following powers and duties:
11 1. To exercise the general direction, control and disposition of the pub-
12 lic lands of the state.
13 2. To appoint its executive officer, the director of the department of
14 lands.
15 3. To perform legislative functions not inconsistent with law and to del-
16 egate to its executive officer and his assistants the execution of all poli-
17 cies adopted by it.
18 4. To review upon appeal all decisions of the director of the department
19 of lands in contested matters.
20 5. To determine the policy, direct the work to be undertaken, solicit
21 bids, contract for work to be performed, and appropriate from its funds the
22 money necessary to carry out such work.
23 6. To prescribe rules, not inconsistent with law, for the government of
24 the department, the conduct of its employees and clerks, the distribution and
25 performance of its business and the custody, use and preservation of the
26 records, papers, books, documents, and property pertaining thereto.
27 7. To engage in reseeding and reforestation programs on the public lands
28 of the state.
29 8. To exchange any public lands of the state, over which the board has
30 power of disposition and control for lands of equal value, the title to which,
31 or power of disposition, belongs or is vested in the governing body or board
32 of trustees of any state governmental unit, agency or institution.
33 9. To regulate and control the use or disposition of lands in the beds of
34 navigable lakes, rivers and streams, to the natural or ordinary high water
35 mark thereof, so as to provide for their commercial, navigational, recre-
36 ational or other public use; provided, that the board shall take no action in
37 derogation of or seeking to interfere with the riparian or littoral rights of
38 the owners of upland property abutting or adjoining such lands; except that
39 when necessary to provide for the highest and best use of such lands for com-
40 mercial, navigational, recreational or other public purposes, the board may
41 acquire the riparian or littoral rights of upland owners by purchase or gift.
42 The term "natural or ordinary high water mark" as herein used shall be defined
43 to be the line which the water impresses on the soil by covering it for suffi-
2
1 cient periods to deprive the soil of its vegetation and destroy its value for
2 agricultural purposes. Provided that this definition shall not be construed so
3 as to affect or change the vested property rights of either the state of Idaho
4 or of riparian or littoral property owners. Lands lying below the meander line
5 of a lake bed encompassing a national wildlife refuge as established under the
6 authority of the Migratory Bird Conservation Act of February 18, 1929 (45
7 Stat. 1222), as amended, or the Fish and Wildlife Coordination Act (48 Stat.
8 401), as amended, or the Fish and Wildlife Act of 1956 (70 Stat. 1119), as
9 amended (16 USC 742a through 742i), are not subject to the application of this
10 act.
11 10. To enter into a joint exercise of powers agreement with the United
12 States forest service in the department of agriculture, pursuant to section
13 67-2328, Idaho Code.
14 11. To direct and oversee the conduct and operations of the endowment fund
15 investment board and the Idaho department of lands.
16 12. To appoint and consult with expert advisors for each critical function
17 for which the state board of land commissioners has responsibility. In this
18 context, the term "expert advisor" shall mean a person engaged in the business
19 for which he holds himself out to be an expert and who is experienced in that
20 field.
21 13. To sStrategically plan and establish policies to coordinate the man-
22 agement of state lands with the investment goals of the permanent endowment
23 funds and earnings reserve funds.
24 14. To provide reports of the status and performance of state endowment
25 lands and the respective endowment funds to the state affairs committees of
26 the senate and the house of representatives within fourteen (14) days after a
27 regular session of the legislature convenes.
28 15. To make distributions to endowment income funds as provided in section
29 57-723A, Idaho Code.
30 16. To allow access for hunting, fishing, trapping and recreation to state
31 lands, without charge, to members of the public except where public safety
32 concerns warrant denial of access.
STATEMENT OF PURPOSE
RS 16623C1
The purpose of this legislation is to provide that the State
Board of Land Commissioners shall have the power and duty to
ensure that the public has access to state lands, without charge,
for hunting, fishing, trapping and recreation except where public
safety concerns warrant denial of access.
FISCAL NOTE
There is no fiscal impact. If the State Board of Land
Commissioners envisioned leasing state lands in a manner that
would deny hunting, fishing, trapping and recreation, then there
would be a loss of this potential revenue.
Contact
Name: Senator Gary Schroeder
Phone: 208-332-1324
Name: Senator Clint Stennett
Phone: 208-332-1351
STATEMENT OF PURPOSE/FISCAL NOTE S 1031