TITLE 58

PUBLIC LANDS

CHAPTER 3

APPRAISEMENT, LEASE, AND SALE OF LANDS

58-303.  permits. (1) At any time, a current state grazing lessee may make application to the department of lands to convert his state grazing lease into a state grazing permit if the lessee believes the land is so qualified. Application forms shall be provided by the department. Upon application, the department shall conduct research to determine if the land within the state grazing lease that is the subject of the application is qualified for a state grazing permit.

(2)  To qualify for a state grazing permit, the land within the state grazing lease must have been received by the state through an exchange from the federal government on or after January 1, 2019.

(3)  Within forty-five (45) days of application, the department shall determine if the land within the state grazing lease that is the subject of the application is qualified. If qualified, the permit shall be approved. If the land does not qualify, the applicant shall be notified of the reasons that the land does not qualify.

(4)  A state grazing permit shall be valid for a minimum of ten (10) years and shall be subject to the same terms and conditions as a state grazing lease, including the annual payment pursuant to section 58-304, Idaho Code. Upon expiration of a state grazing permit, such permit shall be automatically renewed as long as the preponderance of evidence shows that the permittee has complied with the terms and conditions of the grazing permit. Such state grazing permit shall be an appurtenance to the base property.

(5)  If the preponderance of evidence shows that the permittee has been out of compliance with the terms and conditions of the state grazing permit, the department shall recommend to the state board of land commissioners that the permit be canceled. Upon adoption of such recommendation by the state board of land commissioners, the permittee shall be entitled to judicial review prior to the cancellation becoming final. If the court finds in favor of the permittee, the permit shall be renewed. If the court finds in favor of canceling the permit, the permit shall be canceled and the land shall be subject to a state grazing lease.

History:

[58-303, added 2024, ch. 38, sec. 2, p. 240.]