TITLE 38

FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS

CHAPTER 1

IDAHO FORESTRY ACT

38-131B.  deficiency warrants for costs of fire suppression on federal lands. (1) It is the policy of the state of Idaho that any forest or range fire constituting a nuisance pursuant to section 38-107, Idaho Code, on any land within the state of Idaho be summarily abated as quickly and efficiently as possible.

(2)  In the event that the governor declares an emergency exists because of a fire burning uncontrolled on federal lands that threatens the health, safety, and welfare of Idaho citizens or that is imminently threatening the property of the state of Idaho, any political subdivision thereof, or any resident thereof, then the governor may take immediate action by directing state resources to assist in controlling and extinguishing the fire, including authorizing the issuance of deficiency warrants. When so authorized, the state controller shall draw deficiency warrants against the general fund.

(3)  The cost incurred by the state of Idaho in controlling or extinguishing the fire shall be recovered by a civil action prosecuted in the name of the state of Idaho by the attorney general. The funds recovered shall be returned to the general fund to offset the amount of the deficiency warrant.

History:

[38-131B, added 2025, ch. 277, sec. 2, p. 1174.]