TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 8

EXECUTIVE AND ADMINISTRATIVE OFFICERS — GOVERNOR AND LIEUTENANT-GOVERNOR

67-818.  species, minerals, and energy coordination. 

(1)(a)  The legislature finds that:

(i)   Idaho has been a leader in the nation promoting conservation of endangered, threatened, rare, declining, and candidate species by working with willing landowners, state agencies, and federal agencies to cooperatively and voluntarily preserve and protect species rather than use regulatory force;

(ii)  Idaho has a rich mining history, as evidenced by the presence of a miner on the state seal, and is rightfully known as the gem state given that at least thirty (30) of the sixty (60) critical minerals and fifteen (15) rare earth elements have been discovered in the state, which puts Idaho in a unique position to produce and develop minerals that are vital for our national defense and economy and are necessary to advance technology and the modern lifestyle;

(iii) Idaho is a recognized national leader in research, development, and deployment of advanced nuclear technology and is home to the first nuclear-powered city in the United States and the development of the nation’s nuclear navy program;

(iv)  Idaho citizens and businesses enjoy some of the least expensive electric rates in the nation, mostly due to our extensive hydropower system and energy infrastructure; and

(v)   Coordinated and consolidated advancement in species conservation and energy and mineral development within the state of Idaho is necessary to reduce regulatory burden, streamline state and federal processes, and ensure Idaho’s resources are responsibly developed.

(b)  Therefore, the intent of the legislature is to improve coordination, policy alignment, and operational efficiency by merging the office of energy and mineral resources, an entity formally established by executive order, and the office of species conservation, an entity formally established by statute, into a single administrative office that advances Idaho’s natural resource priorities, facilitates federal and state permitting processes and coordination between federal and state agencies, and ensures prompt review and timely decision-making in compliance with all applicable federal and state laws. This merger does not create a new regulatory agency nor establish any additional layers of approval beyond those already required by law.

(2)  As used in this section:

(a)  "Administrator" means the administrator of the office of species, minerals, and energy coordination.

(b)  "Appropriate agency" means any and all state and federal agencies deemed relevant and appropriate by the administrator.

(c)  "Clean energy resource" has the same meaning as provided by section 67-8903, Idaho Code.

(d)  "Energy" means and includes electricity, oil, natural gas, bioenergy, nuclear energy, clean energy, hydrogen, transportation fuels, and other similar sources.

(e)  "Mineral" means and includes naturally occurring, inorganic, metallic, nonmetal, or solid energy substances that are leasable, salable, or locatable.

(f)  "Natural resource" means and includes land, air, water, species, and energy and mineral resources.

(g)  "Office" means the office of species, minerals, and energy coordination.

(h)  "Species" means and includes any species or subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife that interbreeds when mature, and the habitat thereof that is listed as endangered or threatened pursuant to the endangered species act, is petitioned to be a listed species or is listed as a candidate species pursuant to the endangered species act, or is found to be rare and declining, as that term is defined in section 36-2401, Idaho Code.

(3)  There is hereby created in the office of the governor the office of species, minerals, and energy coordination. The administrator of the office shall be appointed by, and serve at the pleasure of, the governor and shall be subject to confirmation by the senate.

(4)  The administrator shall:

(a)  Be the official in the state designated to oversee implementation of federal recovery plans, as provided in 16 U.S.C. 1533(f);

(b)  Oversee and coordinate the state’s energy, mineral, and species planning;

(c)  Coordinate statewide response to federal natural resource-related projects and activities that are proposed to occur in the state; and

(d)  Fulfill the duties provided by this section.

(5)  The office shall:

(a)  Serve as Idaho’s primary liaison to federal natural resource agencies;

(b)  Serve as a cooperating agency for natural resource-related projects that are subject to federal environmental laws and regulations;

(c)  Design, implement, and facilitate a coordinated permitting process that will improve transparency, predictability, and timeliness for natural resource-related projects;

(d)  Assist with state and federal natural resource-related permit process coordination;

(e)  Ensure state and federal agencies, departments, and divisions are adhering to statutory time frames applicable to issuance of permits or other natural resource-related project documents, processes, and decisions and take appropriate action when such state or federal entity is refusing to act;

(f)  Notify the appropriate state agency of proposed natural resource-related projects and lead coordination of state comments on proposed natural resource-related projects or activities within the state;

(g)  Provide input, comment, and assistance to federal, state, and tribal governments, agencies, and divisions on natural resource issues;

(h)  Participate in regional efforts to cooperatively address species and energy-related activities, planning, and conservation;

(i)  Coordinate:

(i)   With federal agencies, state agencies, local governments, and stakeholders on issues concerning the state’s energy requirements, supply, transmission, management, efficiency, conservation, and permitting processes and other relevant efforts;

(ii)  With federal agencies, state agencies, local governments, and stakeholders on issues concerning mineral exploration, production, planning, and permitting processes and other relevant efforts;

(iii) With the various state departments and divisions that have duties and responsibilities affecting species in the state;

(iv)  State implementation and response to federal recovery plans, biological opinions, guidance, and projects among all state and local governments in the state; and

(v)   The state’s energy, mineral, and species planning with appropriate state agencies;

(j)  Advise the governor, the legislature, and other public officials on:

(i)   The state’s energy requirements, supply, transmission, management, efficiency, conservation, and permitting processes and on other relevant efforts;

(ii)  Mineral exploration, production, planning, and permitting processes and other relevant efforts within the state; and

(iii) Issues regarding species.

(k)  Ensure federal land management plans, policies, and projects align with state natural resource-related plans, policies, and projects and coordinate with appropriate agencies to resolve inconsistencies;

(l)  Develop and implement state conservation plans, assessments, and strategies for species in the state of Idaho;

(m)  Serve as a repository for agreements and plans among governmental entities in the state of Idaho for the conservation of species;

(n)  Provide the people of the state of Idaho with an ombudsman who can listen to citizens being harmed or hindered by the regulations of the endangered species act and direct them to the appropriate state or federal agency or speak on their behalf, as deemed appropriate by the ombudsman, to address issues or concerns related to the endangered species act;

(o)  Identify sections of statute or administrative rule that are duplicative or unnecessary or that unreasonably prolong the state’s permitting process; and

(p)  Cooperate, consult, and enter into agreements or contracts as is necessary or appropriate to carry out the provisions of this section.

(5)  State management plans developed pursuant to this section shall be developed in consultation with the appropriate state agencies.

(6)  The state of Idaho asserts primacy over the management of its natural resources. Accordingly, any introduction or reintroduction of any species onto lands within the state or into state waters, including those actions that would impair or impede the state’s primacy over its natural resources, without state consultation and approval is against the policy of the state of Idaho and is hereby prohibited.

(7)  No provision of this section shall be interpreted as to supersede, abrogate, injure, or create rights to divert or store water and apply water to beneficial uses established under section 3, article XV of the constitution of the state of Idaho and title 42, Idaho Code.

(a)  The duties, responsibilities, and authority of this section shall not alter any existing authorities of state agencies established by state law.

(b)  Nothing in this section shall be construed to provide or imply any regulatory authority by the office over activities that are subject to the jurisdiction of another state agency.

(8)  On July 1, 2026, all personnel, records, and equipment of the office of energy and mineral resources and of the office of species conservation shall be transferred to the office of species, minerals, and energy coordination.

History:

[67-818, added 2026, ch. 66, sec. 2, p. 273.]