PRIVATE FOREST LAND – Amends existing law to revise the surcharge associated with improved forest land.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
511
BY
RESOURCES
AND
CONSERVATION
COMMITTEE
AN
ACT
1
RELATING
TO
PRIVATE
FOREST
LAND;
AMENDING
SECTION
38
-
111,
IDAHO
CODE,
TO
RE
-
2
VISE
A
PROVISION
REGARDING
THE
SURCHARGE
ASSOCIATED
WITH
IMPROVED
FOR
-
3
EST
LAND
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AND
DECLARING
AN
EMERGENCY
4
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
38
-
111,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
38
-
111.
PROTECTION
BY
OWNER
-
-
ASSESSMENTS
-
-
BUDGET
OF
PROTECTIVE
9
DISTRICTS.
(1)
Every
owner
of
forest
lands
in
the
state
shall
furnish
or
10
provide
therefor,
throughout
the
closed
season,
protection
against
the
1
1
starting,
existence
,
or
spread
of
fires
thereon,
or
therefrom,
in
conformity
12
with
reasonable
rules
and
standards
for
adequate
protection,
to
be
estab
-
13
lished
by
the
state
board
of
land
commissioners.
An
owner
of
forest
lands
who
14
maintains
a
membership
in
good
standing
in
a
forest
protective
association
15
operating
under
agreement
with
the
state
board
of
land
commissioners,
which
16
association
maintains
a
standard
of
protection
approved
by
said
board
and
17
who
pays
the
assessments
to
the
association
in
the
amounts
required
in
this
18
section,
shall
be
deemed
to
have
fully
complied
herewith.
In
the
event
the
19
owner
of
any
forest
land
shall
neglect
or
fail
to
furnish
the
protection
re
-
20
quired
in
this
section,
the
director
of
the
department
of
lands
shall
provide
21
such
patrol
and
protection
therefor
at
actual
cost
to
the
owner
of
forest
22
lands.
For
private
owners
of
forest
lands
whose
total
acres
of
forest
lands
23
are
twenty
-
six
(26)
acres
or
more,
the
state
board
of
land
commissioners
24
shall
establish
this
cost
not
to
exceed
sixty
-
five
cents
(65¢)
an
acre
per
25
year.
For
private
owners
of
forest
lands
whose
total
acres
of
forest
lands
26
are
twenty
-
five
(25)
acres
or
fewer,
the
minimum
assessment
per
year
shall
be
27
equal
to
the
per
acre
cost
multiplied
by
twenty
-
five
(25).
28
(2)
In
addition
to
any
other
assessment
prescribed
in
this
chapter,
the
29
state
board
of
land
commissioners
shall
establish
a
surcharge
to
be
levied
30
and
assessed
in
an
amount
not
to
exceed
forty
dollars
($40.00)
one
hundred
31
dollars
($100)
for
each
improved
lot
or
parcel
to
offset
costs
associated
32
with
wildfire
preparedness.
33
(3)
There
is
hereby
established
in
the
state
treasury
a
wildfire
equip
-
34
ment
replacement
fund
for
the
replacement
of
capital
wildfire
equipment.
35
The
department
of
lands
shall
determine
reimbursement
rates
for
all
capital
36
fire
equipment
used
for
activities
other
than
fire
preparedness.
Reimburse
-
37
ment
revenues
shall
be
deposited
in
the
wildfire
equipment
replacement
fund.
38
Additional
moneys
may
be
deposited
into
the
wildfire
equipment
replacement
39
fund
from
any
other
source.
40
(4)
In
the
event
an
assessment
is
made
in
an
amount
less
than
the
maxi
-
41
mum
hereinbefore
provided,
and
an
actual
loss
occurs
which
that
exceeds
the
42

2
amount
budgeted
and
for
which
assessments
have
been
made,
the
director
of
1
the
department
of
lands,
with
the
approval
of
the
board,
may
require
an
addi
-
2
tional
assessment
to
be
made
and
paid,
which
together
with
the
original
as
-
3
sessment
shall
not
exceed
the
maximum
assessment
set
forth
in
this
section.
4
Such
additional
assessment
shall
be
levied
and
collected
in
the
same
manner
5
as
herein
provided
for
the
collection
of
such
original
assessments.
The
li
-
6
ability
provided
in
this
section
shall
be
calculated
for
each
forest
protec
-
7
tion
district
or
association
separately,
and
shall
be
calculated
solely
upon
8
on
the
charges
assignable
to
fire
control
or
presuppression
of
fires
within
9
each
district
or
association.
10
(5)
Each
forest
protective
association
actively
engaged
in
forest
pro
-
1
1
tection
under
agreement
with
the
state
board
of
land
commissioners
shall
12
each
year
prepare
in
detail
,
a
budget
of
all
estimated
operating
costs
for
13
the
next
fiscal
year
and
shall
submit
this
budget
to
the
board
for
approval
14
before
August
31
of
the
current
year.
15
(6)
Except
for
the
provisions
of
section
38
-
122,
Idaho
Code,
and
cases
16
of
proven
negligence
by
the
landowner
or
his
agent,
no
other
charges
or
as
-
17
sessments
for
fire
protection
shall
be
made
or
assessed
or
collected
from
18
those
forest
landowners
participating
as
provided
herein.
19
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
20
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
21
July
1,
2026.
22