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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
737
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
THE
OFFICE
OF
SPECIES,
MINERALS,
AND
ENERGY
COORDINATION;
RE
-
2
PEALING
SECTION
67
-
818,
IDAHO
CODE,
RELATING
TO
THE
COORDINATION
OF
3
POLICY
AND
PROGRAMS
RELATED
TO
THREATENED
OR
ENDANGERED
SPECIES
IN
4
IDAHO;
AMENDING
CHAPTER
8,
TITLE
67,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
5
SECTION
67
-
818,
IDAHO
CODE,
TO
ESTABLISH
THE
OFFICE
OF
SPECIES,
MINER
-
6
ALS,
AND
ENERGY
COORDINATION;
AMENDING
SECTION
67
-
819,
IDAHO
CODE,
TO
7
REVISE
PROVISIONS
REGARDING
THE
SPECIES
CONSERVATION
FUND
AND
TO
RENAME
8
THE
FUND;
AMENDING
SECTION
22
-
5501,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
OF
-
9
FICE
OF
SPECIES,
MINERALS,
AND
ENERGY
COORDINATION;
AMENDING
SECTION
10
36
-
715,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
OFFICE
OF
SPECIES,
MINERALS,
AND
1
1
ENERGY
COORDINATION;
AMENDING
SECTION
36
-
1121,
IDAHO
CODE,
TO
PROVIDE
12
FOR
THE
OFFICE
OF
SPECIES,
MINERALS,
AND
ENERGY
COORDINATION;
AMENDING
13
SECTION
36
-
2402,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
OFFICE
OF
SPECIES,
MIN
-
14
ERALS,
AND
ENERGY
COORDINATION;
AMENDING
SECTION
36
-
2403,
IDAHO
CODE,
15
TO
PROVIDE
FOR
THE
OFFICE
OF
SPECIES,
MINERALS,
AND
ENERGY
COORDINA
-
16
TION;
AMENDING
SECTION
36
-
2405,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
OFFICE
OF
17
SPECIES,
MINERALS,
AND
ENERGY
COORDINATION;
AMENDING
SECTION
42
-
251,
18
IDAHO
CODE,
TO
PROVIDE
FOR
THE
OFFICE
OF
SPECIES,
MINERALS,
AND
ENERGY
19
COORDINATION;
AMENDING
SECTION
47
-
1706,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
20
OFFICE
OF
SPECIES,
MINERALS,
AND
ENERGY
COORDINATION;
AMENDING
SECTION
21
57
-
1306,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
OFFICE
OF
SPECIES,
MINERALS,
AND
22
ENERGY
COORDINATION;
AMENDING
SECTION
67
-
826,
IDAHO
CODE,
TO
PROVIDE
23
FOR
THE
OFFICE
OF
SPECIES,
MINERALS,
AND
ENERGY
COORDINATION;
AMENDING
24
SECTION
67
-
5303,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
OFFICE
OF
SPECIES,
MIN
-
25
ERALS,
AND
ENERGY
COORDINATION;
AMENDING
SECTION
67
-
5806,
IDAHO
CODE,
26
TO
PROVIDE
FOR
THE
OFFICE
OF
SPECIES,
MINERALS,
AND
ENERGY
COORDINA
-
27
TION;
AMENDING
SECTION
67
-
5807,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
OFFICE
OF
28
SPECIES,
MINERALS,
AND
ENERGY
COORDINATION;
AND
DECLARING
AN
EMERGENCY
29
AND
PROVIDING
AN
EFFECTIVE
DATE.
30
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
31
SECTION
1.
That
Section
67
-
818
,
Idaho
Code,
be,
and
the
same
is
hereby
32
repealed.
33
SECTION
2.
That
Chapter
8,
Title
67,
Idaho
Code,
be,
and
the
same
is
34
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
35
ignated
as
Section
67
-
818,
Idaho
Code,
and
to
read
as
follows:
36
67
-
818.
SPECIES,
MINERALS,
AND
ENERGY
COORDINATION.
37
(1)(a)
The
legislature
finds
that:
38
(i)
Idaho
has
been
a
leader
in
the
nation
promoting
conservation
39
of
endangered,
threatened,
rare,
declining,
and
candidate
species
40
by
working
with
willing
landowners,
state
agencies,
and
federal
41
2
agencies
to
cooperatively
and
voluntarily
preserve
and
protect
1
species
rather
than
use
regulatory
force;
2
(ii)
Idaho
has
a
rich
mining
history,
as
evidenced
by
the
pres
-
3
ence
of
a
miner
on
the
state
seal,
and
is
rightfully
known
as
the
4
gem
state
given
that
at
least
thirty
(30)
of
the
sixty
(60)
crit
-
5
ical
minerals
and
fifteen
(15)
rare
earth
elements
have
been
dis
-
6
covered
in
the
state,
which
puts
Idaho
in
a
unique
position
to
pro
-
7
duce
and
develop
minerals
that
are
vital
for
our
national
defense
8
and
economy
and
are
necessary
to
advance
technology
and
the
modern
9
lifestyle;
10
(iii)
Idaho
is
a
recognized
national
leader
in
research,
develop
-
1
1
ment,
and
deployment
of
advanced
nuclear
technology
and
is
home
to
12
the
first
nuclear
-
powered
city
in
the
United
States
and
the
devel
-
13
opment
of
the
nation's
nuclear
navy
program;
14
(iv)
Idaho
citizens
and
businesses
enjoy
some
of
the
least
expen
-
15
sive
electric
rates
in
the
nation,
mostly
due
to
our
extensive
hy
-
16
dropower
system
and
energy
infrastructure;
and
17
(v)
Coordinated
and
consolidated
advancement
in
species
con
-
18
servation
and
energy
and
mineral
development
within
the
state
of
19
Idaho
is
necessary
to
reduce
regulatory
burden,
streamline
state
20
and
federal
processes,
and
ensure
Idaho's
resources
are
responsi
-
21
bly
developed.
22
(b)
Therefore,
the
intent
of
the
legislature
is
to
improve
coordina
-
23
tion,
policy
alignment,
and
operational
efficiency
by
merging
the
of
-
24
fice
of
energy
and
mineral
resources,
an
entity
formally
established
by
25
executive
order,
and
the
office
of
species
conservation,
an
entity
for
-
26
mally
established
by
statute,
into
a
single
administrative
office
that
27
advances
Idaho's
natural
resource
priorities,
facilitates
federal
and
28
state
permitting
processes
and
coordination
between
federal
and
state
29
agencies,
and
ensures
prompt
review
and
timely
decision
-
making
in
com
-
30
pliance
with
all
applicable
federal
and
state
laws.
This
merger
does
31
not
create
a
new
regulatory
agency
nor
establish
any
additional
layers
32
of
approval
beyond
those
already
required
by
law.
33
(2)
As
used
in
this
section:
34
(a)
"Administrator"
means
the
administrator
of
the
office
of
species,
35
minerals,
and
energy
coordination.
36
(b)
"Appropriate
agency"
means
any
and
all
state
and
federal
agencies
37
deemed
relevant
and
appropriate
by
the
administrator.
38
(c)
"Clean
energy
resource"
has
the
same
meaning
as
provided
by
section
39
67
-
8903,
Idaho
Code.
40
(d)
"Energy"
means
and
includes
electricity,
oil,
natural
gas,
bioen
-
41
ergy,
nuclear
energy,
clean
energy,
hydrogen,
transportation
fuels,
42
and
other
similar
sources.
43
(e)
"Mineral"
means
and
includes
naturally
occurring,
inorganic,
44
metallic,
nonmetal,
or
solid
energy
substances
that
are
leasable,
sal
-
45
able,
or
locatable.
46
(f)
"Natural
resource"
means
and
includes
land,
air,
water,
species,
47
and
energy
and
mineral
resources.
48
(g)
"Office"
means
the
office
of
species,
minerals,
and
energy
coordi
-
49
nation.
50
3
(h)
"Species"
means
and
includes
any
species
or
subspecies
of
fish
or
1
wildlife
or
plants,
and
any
distinct
population
segment
of
any
species
2
of
vertebrate
fish
or
wildlife
that
interbreeds
when
mature,
and
the
3
habitat
thereof
that
is
listed
as
endangered
or
threatened
pursuant
to
4
the
endangered
species
act,
is
petitioned
to
be
a
listed
species
or
is
5
listed
as
a
candidate
species
pursuant
to
the
endangered
species
act,
6
or
is
found
to
be
rare
and
declining,
as
that
term
is
defined
in
section
7
36
-
2401,
Idaho
Code.
8
(3)
There
is
hereby
created
in
the
office
of
the
governor
the
office
of
9
species,
minerals,
and
energy
coordination.
The
administrator
of
the
office
10
shall
be
appointed
by,
and
serve
at
the
pleasure
of,
the
governor
and
shall
be
1
1
subject
to
confirmation
by
the
senate.
12
(4)
The
administrator
shall:
13
(a)
Be
the
official
in
the
state
designated
to
oversee
implementation
14
of
federal
recovery
plans,
as
provided
in
16
U.S.C.
1533(f);
15
(b)
Oversee
and
coordinate
the
state's
energy,
mineral,
and
species
16
planning;
17
(c)
Coordinate
statewide
response
to
federal
natural
resource
-
related
18
projects
and
activities
that
are
proposed
to
occur
in
the
state;
and
19
(d)
Fulfill
the
duties
provided
by
this
section.
20
(5)
The
office
shall:
21
(a)
Serve
as
Idaho's
primary
liaison
to
federal
natural
resource
agen
-
22
cies;
23
(b)
Serve
as
a
cooperating
agency
for
natural
resource
-
related
24
projects
that
are
subject
to
federal
environmental
laws
and
regula
-
25
tions;
26
(c)
Design,
implement,
and
facilitate
a
coordinated
permitting
process
27
that
will
improve
transparency,
predictability,
and
timeliness
for
28
natural
resource
-
related
projects;
29
(d)
Assist
with
state
and
federal
natural
resource
-
related
permit
30
process
coordination;
31
(e)
Ensure
state
and
federal
agencies,
departments,
and
divisions
are
32
adhering
to
statutory
time
frames
applicable
to
issuance
of
permits
or
33
other
natural
resource
-
related
project
documents,
processes,
and
deci
-
34
sions
and
take
appropriate
action
when
such
state
or
federal
entity
is
35
refusing
to
act;
36
(f)
Notify
the
appropriate
state
agency
of
proposed
natural
re
-
37
source
-
related
projects
and
lead
coordination
of
state
comments
on
38
proposed
natural
resource
-
related
projects
or
activities
within
the
39
state;
40
(g)
Provide
input,
comment,
and
assistance
to
federal,
state,
and
41
tribal
governments,
agencies,
and
divisions
on
natural
resource
is
-
42
sues;
43
(h)
Participate
in
regional
efforts
to
cooperatively
address
species
44
and
energy
-
related
activities,
planning,
and
conservation;
45
(i)
Coordinate:
46
(i)
With
federal
agencies,
state
agencies,
local
governments,
47
and
stakeholders
on
issues
concerning
the
state's
energy
require
-
48
ments,
supply,
transmission,
management,
efficiency,
conserva
-
49
tion,
and
permitting
processes
and
other
relevant
efforts;
50
4
(ii)
With
federal
agencies,
state
agencies,
local
governments,
1
and
stakeholders
on
issues
concerning
mineral
exploration,
pro
-
2
duction,
planning,
and
permitting
processes
and
other
relevant
3
efforts;
4
(iii)
With
the
various
state
departments
and
divisions
that
have
5
duties
and
responsibilities
affecting
species
in
the
state;
6
(iv)
State
implementation
and
response
to
federal
recovery
plans,
7
biological
opinions,
guidance,
and
projects
among
all
state
and
8
local
governments
in
the
state;
and
9
(v)
The
state's
energy,
mineral,
and
species
planning
with
appro
-
10
priate
state
agencies;
1
1
(j)
Advise
the
governor,
the
legislature,
and
other
public
officials
12
on:
13
(i)
The
state's
energy
requirements,
supply,
transmission,
man
-
14
agement,
efficiency,
conservation,
and
permitting
processes
and
15
on
other
relevant
efforts;
16
(ii)
Mineral
exploration,
production,
planning,
and
permitting
17
processes
and
other
relevant
efforts
within
the
state;
and
18
(iii)
Issues
regarding
species.
19
(k)
Ensure
federal
land
management
plans,
policies,
and
projects
align
20
with
state
natural
resource
-
related
plans,
policies,
and
projects
and
21
coordinate
with
appropriate
agencies
to
resolve
inconsistencies;
22
(l)
Develop
and
implement
state
conservation
plans,
assessments,
and
23
strategies
for
species
in
the
state
of
Idaho;
24
(m)
Serve
as
a
repository
for
agreements
and
plans
among
governmental
25
entities
in
the
state
of
Idaho
for
the
conservation
of
species;
26
(n)
Provide
the
people
of
the
state
of
Idaho
with
an
ombudsman
who
27
can
listen
to
citizens
being
harmed
or
hindered
by
the
regulations
of
28
the
endangered
species
act
and
direct
them
to
the
appropriate
state
29
or
federal
agency
or
speak
on
their
behalf,
as
deemed
appropriate
by
30
the
ombudsman,
to
address
issues
or
concerns
related
to
the
endangered
31
species
act;
32
(o)
Identify
sections
of
statute
or
administrative
rule
that
are
du
-
33
plicative
or
unnecessary
or
that
unreasonably
prolong
the
state's
per
-
34
mitting
process;
and
35
(p)
Cooperate,
consult,
and
enter
into
agreements
or
contracts
as
is
36
necessary
or
appropriate
to
carry
out
the
provisions
of
this
section.
37
(5)
State
management
plans
developed
pursuant
to
this
section
shall
be
38
developed
in
consultation
with
the
appropriate
state
agencies.
39
(6)
The
state
of
Idaho
asserts
primacy
over
the
management
of
its
nat
-
40
ural
resources.
Accordingly,
any
introduction
or
reintroduction
of
any
41
species
onto
lands
within
the
state
or
into
state
waters,
including
those
42
actions
that
would
impair
or
impede
the
state's
primacy
over
its
natural
43
resources,
without
state
consultation
and
approval
is
against
the
policy
of
44
the
state
of
Idaho
and
is
hereby
prohibited.
45
(7)
No
provision
of
this
section
shall
be
interpreted
as
to
supersede,
46
abrogate,
injure,
or
create
rights
to
divert
or
store
water
and
apply
water
47
to
beneficial
uses
established
under
section
3,
article
XV
of
the
constitu
-
48
tion
of
the
state
of
Idaho
and
title
42,
Idaho
Code.
49
5
(a)
The
duties,
responsibilities,
and
authority
of
this
section
shall
1
not
alter
any
existing
authorities
of
state
agencies
established
by
2
state
law.
3
(b)
Nothing
in
this
section
shall
be
construed
to
provide
or
imply
any
4
regulatory
authority
by
the
office
over
activities
that
are
subject
to
5
the
jurisdiction
of
another
state
agency.
6
(8)
On
July
1,
2026,
all
personnel,
records,
and
equipment
of
the
of
-
7
fice
of
energy
and
mineral
resources
and
of
the
office
of
species
conserva
-
8
tion
shall
be
transferred
to
the
office
of
species,
minerals,
and
energy
co
-
9
ordination.
10
SECTION
3.
That
Section
67
-
819,
Idaho
Code,
be,
and
the
same
is
hereby
1
1
amended
to
read
as
follows:
12
67
-
819.
FUNDING
-
-
ACCOUNT
CREATED.
(1)
The
governor's
office
of
13
species
conservation
species,
minerals,
and
energy
coordination
may
accept
14
private
contributions,
federal
funds,
funds
from
other
public
agencies
or
15
any
other
source.
The
moneys
shall
be
used
solely
for
the
purposes
provided
16
in
section
67
-
818,
Idaho
Code,
and
be
expended
and
accounted
for
as
provided
17
by
law.
18
(2)
There
is
hereby
established
in
the
state
treasury
the
species
con
-
19
servation
species,
minerals,
and
energy
coordination
fund
which
shall
con
-
20
sist
of
all
moneys
received
pursuant
to
subsection
(1)
of
this
section.
Mon
-
21
eys
in
the
species
conservation
species,
minerals,
and
energy
coordination
22
fund
shall
be
used
for
purposes
described
in
section
67
-
818,
Idaho
Code.
23
SECTION
4.
That
Section
22
-
5501,
Idaho
Code,
be,
and
the
same
is
hereby
24
amended
to
read
as
follows:
25
22
-
5501.
IDAHO
DEPREDATING
WILDLIFE
APPEALS
BOARD.
(1)
There
is
26
hereby
created
the
Idaho
depredating
wildlife
appeals
board
in
the
office
27
of
the
governor.
The
purpose
of
the
board
is
to
provide
an
appeal
option
for
28
individuals
who
have
suffered
losses
or
damages
from
depredating
wildlife
29
but
received
a
determination
that
such
depredation
could
not
be
confirmed
30
following
the
initial
investigation.
For
purposes
of
this
section,
depre
-
31
dating
wildlife
includes
grizzly
bears,
black
bears,
mountain
lions,
and
32
wolves.
The
Idaho
state
department
of
agriculture,
in
consultation
with
33
the
department
of
fish
and
game,
is
authorized
to
carry
out
the
purposes
of
34
this
section.
The
Idaho
depredating
wildlife
appeals
board
shall
consist
of
35
three
(3)
members
representing
the
following
executive
agencies
and
profes
-
36
sional
expertise:
37
(a)
The
director
of
the
Idaho
state
department
of
agriculture
or
the
di
-
38
rector's
authorized
designee;
39
(b)
The
director
of
the
Idaho
department
of
fish
and
game
or
the
direc
-
40
tor's
authorized
designee;
and
41
(c)
A
large
animal
veterinarian
appointed
by
the
governor.
42
(2)
The
office
of
species
conservation
office
of
species,
minerals,
and
43
energy
coordination
shall
receive
appeal
requests
from
appellants
and
coor
-
44
dinate
meetings
with
the
Idaho
depredating
wildlife
appeals
board.
45
(3)
The
board
shall
consider
all
forms
of
evidence
submitted
by
the
ap
-
46
pellant
related
to
the
depredation
event,
including
but
not
limited
to:
47
6
(a)
Testimony
of
the
affected
individual;
1
(b)
Testimony
of
the
initial
investigator;
2
(c)
The
initial
investigator's
report;
3
(d)
Eyewitness
testimony;
4
(e)
Telemetry
data;
5
(f)
Photographs
and
video
footage;
6
(g)
Trapping
and
hunting
reports
from
the
past
six
(6)
months;
7
(h)
Previous
depredation
incidents
in
the
area;
and
8
(i)
Expert
analysis.
9
(4)
The
board
shall
make
a
ruling
based
on
submitted
evidence
and,
if
10
justified,
amend
the
original
determination
based
on
a
majority
vote
of
the
1
1
board.
The
decision
of
the
board
shall
be
final
and
binding
for
the
purpose
12
of
receiving
compensation
for
depredation.
13
(5)
Any
ruling
made
by
the
Idaho
depredating
wildlife
appeals
board
of
14
confirmed
depredation
shall
be
counted
toward
official
counts
of
depreda
-
15
tion
incidents.
16
(6)
The
board
shall
be
considered
a
state
authorized
investigator
but
17
shall
only
serve
as
an
appeal
to
the
initial
investigation.
18
(7)
Meetings
of
the
board
shall
not
be
subject
to
the
provisions
of
19
chapter
2,
title
74,
Idaho
Code.
20
(8)
Initial
investigators
of
depredation
incidents
from
depredating
21
wildlife
shall
inform
individuals
of
their
right
to
appeal
any
ruling
to
the
22
Idaho
depredating
wildlife
appeals
board
in
writing.
23
SECTION
5.
That
Section
36
-
715,
Idaho
Code,
be,
and
the
same
is
hereby
24
amended
to
read
as
follows:
25
36
-
715.
WOLVES
-
-
TRANSITION
-
-
AUTHORITIES
AND
DUTIES
OF
THE
OFFICE
26
OF
SPECIES
CONSERVATION
SPECIES,
MINERALS,
AND
ENERGY
COORDINATION
-
-
FISH
27
AND
GAME
COMMISSION
-
-
DEPARTMENT
OF
FISH
AND
GAME.
(1)
During
the
transi
-
28
tion
from
federal
management
of
wolves
to
state
management,
the
governor's
29
office
of
species
conservation
species,
minerals,
and
energy
coordination
30
shall
be
the
lead
agency
and
direct
implementation
of
wolf
management
pol
-
31
icy.
The
department
of
fish
and
game
may
assist
the
office
of
species
conser
-
32
vation
species,
minerals,
and
energy
coordination
in
efforts
to
expedite
an
33
orderly
transition
to
state
management
of
wolves
pursuant
to
the
provisions
34
of
the
Idaho
wolf
conservation
and
management
plan.
This
transition
shall
be
35
implemented
through
new
or
existing
cooperative
agreements
with
any
agency,
36
department
or
entity
of
the
United
States
government
or
any
state
agencies
as
37
authorized
by
the
Idaho
wolf
conservation
and
management
plan.
38
(2)
The
office
of
species
conservation
species,
minerals,
and
energy
39
coordination
,
and
the
commission
through
the
department,
are
authorized
to
40
participate
in
activities
regarding
nuisance
wolves,
and
are
allowed
to
meet
41
and
confer
with
state,
local
and
federal
agencies,
departments
or
entities
42
or
federally
recognized
Indian
tribes
to
discuss
monitoring
wolf
recovery
43
programs.
Additionally,
the
office
of
species
conservation
species,
miner
-
44
als,
and
energy
coordination
,
and
the
commission
through
the
department,
may
45
cooperate
with
the
legislature,
counties,
federal
agencies,
departments,
46
such
as
the
United
States
department
of
agriculture
wildlife
services,
en
-
47
tities
or
federally
recognized
Indian
tribes
regarding
damage
complaints,
48
7
depredation,
effects
on
ungulate
populations,
and
other
conflicts
regarding
1
wolves
in
this
state.
2
(3)
The
office
of
species
conservation
species,
minerals,
and
energy
3
coordination
,
in
conjunction
with
the
department,
shall
prepare
and
sub
-
4
mit
an
annual
report
to
the
senate
resources
and
environment
committee
and
5
the
house
resources
and
conservation
committee
on
the
implementation
and
6
progress
of
the
Idaho
wolf
conservation
and
management
plan.
Such
report
7
shall
document
gray
wolf
effects
upon
wildlife,
depredation
on
domestic
8
livestock,
and
any
other
subject
matter
as
deemed
appropriate
and
requested
9
in
writing
by
the
chairman
of
the
senate
resources
and
environment
committee
10
or
the
chairman
of
the
house
resources
and
conservation
committee,
or
any
1
1
member
of
the
legislature.
12
(4)
The
office
of
species
conservation
species,
minerals,
and
energy
13
coordination
,
in
conjunction
with
the
department,
is
authorized
to
develop
14
and
coordinate
wolf
management
plans
with
state
agency
officials
of
the
15
states
of
Wyoming
and
Montana.
16
(5)
In
implementing
the
wolf
conservation
and
management
plan,
the
17
office
of
species
conservation
species,
minerals,
and
energy
coordination
,
18
and
the
commission
through
the
department,
shall
consult
with
local
units
of
19
government
with
respect
to,
and
take
into
consideration,
local
economies,
20
custom,
culture,
and
private
property
rights.
The
office
of
species
con
-
21
servation
species,
minerals,
and
energy
coordination
and
the
department
22
may
consult
with
federal
entities
and
shall
coordinate
with
state
and
local
23
government
entities
in
the
implementation
of
the
plan.
24
(6)
The
department
of
fish
and
game,
under
the
direction
of
the
com
-
25
mission,
is
authorized
to
participate
in
the
development
of
wolf
delisting
26
procedures
and
interim
management
activities
including,
but
not
limited
to,
27
studies
relating
to
the
management
of
game
herds
impacted
by
wolves.
28
SECTION
6.
That
Section
36
-
1121,
Idaho
Code,
be,
and
the
same
is
hereby
29
amended
to
read
as
follows:
30
36
-
1121.
LIVESTOCK
DEPREDATION
BY
GRIZZLY
BEAR
AND
WOLVES.
(1)
It
is
31
the
intent
of
the
legislature
to
provide
compensation
to
livestock
owners
32
that
have
experienced
depredation
of
livestock
by
grizzly
bear
and
wolves.
33
(2)
The
Idaho
state
department
of
agriculture,
in
consultation
with
the
34
department
of
fish
and
game
and
the
office
of
species
conservation
species,
35
minerals,
and
energy
coordination
,
is
authorized
to
carry
out
the
purposes
36
of
this
section
and
has
spending
authority
for
compensation
pursuant
to
this
37
section
to
the
extent
of
legislative
appropriation.
The
depredation
of
38
livestock
and
prevention
fund
is
hereby
established
in
the
state
treasury.
39
All
expenditures
from
the
fund
will
be
paid
according
to
rules
promulgated
40
by
the
Idaho
state
department
of
agriculture.
Beginning
on
July
1,
2024,
41
and
each
July
1
thereafter,
the
legislature
shall
appropriate
two
hundred
42
twenty
-
five
thousand
dollars
($225,000)
annually
to
the
fund.
One
hundred
43
fifty
thousand
dollars
($150,000)
of
that
amount
shall
be
used
annually
to
44
compensate
confirmed
claims
for
depredation,
and
seventy
-
five
thousand
45
dollars
($75,000)
of
that
amount
shall
be
used
annually
for
conflict
preven
-
46
tion
and
the
provision
of
information
regarding
deterrents
that
have
proven
47
effective
as
determined
pursuant
to
rule
as
promulgated
by
the
Idaho
state
48
department
of
agriculture.
All
claims
shall
be
made
to
the
office
of
species
49
8
conservation
species,
minerals,
and
energy
coordination
on
or
before
De
-
1
cember
31
of
each
year.
Confirmed
claims
for
depredation
shall
be
paid
on
2
a
pro
rata
basis
in
the
event
moneys
in
the
fund
are
insufficient
to
pay
all
3
confirmed
claims
in
full,
until
such
time
as
moneys
in
the
fund
are
depleted.
4
Any
moneys
in
the
fund
after
payment
of
confirmed
claims
shall
then
be
paid
5
to
those
livestock
owners
with
probable
claims
for
depredation
on
a
pro
rata
6
basis
in
the
event
moneys
in
the
fund
are
insufficient
to
pay
all
probable
7
claims
in
full,
until
such
moneys
in
the
fund
are
depleted.
Any
moneys
in
8
the
fund
after
payment
of
claims
deemed
probable
shall
then
be
paid
to
those
9
livestock
owners
with
claims
reviewed
and
deemed
possible
on
a
pro
rata
basis
10
in
the
event
moneys
in
the
fund
are
insufficient
to
pay
all
possible
claims
1
1
in
full,
until
such
moneys
in
the
fund
are
depleted.
Any
moneys
in
the
fund
12
after
possible
depredation
claims
are
paid
shall
be
carried
over
to
the
next
13
calendar
year.
Interest
accruing
on
moneys
in
the
fund
shall
be
retained
in
14
the
fund.
Moneys
shall
be
continuously
appropriated
to
the
fund,
but
the
15
fund
shall
not
exceed
four
hundred
thousand
dollars
($400,000).
16
(3)
Compensation
for
claims
confirmed
or
deemed
probable
or
possible
17
shall
be
based
on
current
fair
market
value
as
provided
by
the
Idaho
state
de
-
18
partment
of
agriculture.
Any
other
compensation
paid
to
a
livestock
owner
19
for
depredation
shall
be
deducted
from
the
fair
market
value
prior
to
pay
-
20
ment.
21
(4)
For
purposes
of
this
section,
"livestock"
means
cattle,
sheep,
22
goat,
swine,
poultry,
bees,
llamas,
or
equine
animals
used
for
food
or
in
the
23
production
of
food,
fiber,
feed,
or
other
agriculture
-
based
consumer
prod
-
24
ucts,
domesticated
game,
or
other
nonplant
life;
such
term
shall
not
include
25
aquatic
animals.
26
SECTION
7.
That
Section
36
-
2402,
Idaho
Code,
be,
and
the
same
is
hereby
27
amended
to
read
as
follows:
28
36
-
2402.
DELISTING
ADVISORY
TEAM
-
-
DUTIES
-
-
MEMBERSHIP.
(1)
The
29
director
of
the
department
of
fish
and
game
for
animal
species
and
plant
30
species,
in
cooperation
and
consultation
with
the
governor's
office
of
31
species
conservation
species,
minerals,
and
energy
coordination
,
may
estab
-
32
lish
a
delisting
advisory
team
(DAT)
of
no
more
than
nine
(9)
members
for
a
33
threatened
species
or
endangered
species,
to
recommend
an
appropriate
state
34
species
management
plan
for
a
listed
species
in
response
to
a
notification
35
from
the
secretary
of
interior
or
secretary
of
commerce
of
intent
to
delist
36
the
species
or
sooner
if
deemed
appropriate.
37
(2)
The
delisting
advisory
team
members
shall
be
broadly
representa
-
38
tive
of
the
constituencies
with
an
interest
in
the
species
and
its
management
39
or
conservation
and
in
the
economic
or
social
impacts
of
management
or
con
-
40
servation
including,
where
appropriate,
depending
on
the
specific
species,
41
representatives
of
tribal
governments,
local
governments,
academic
insti
-
42
tutions,
private
individuals
and
organizations
and
commercial
enterprises.
43
The
delisting
advisory
team
members
shall
be
selected
based
upon:
44
(a)
Their
knowledge
of
the
species;
45
(b)
Their
knowledge
and
expertise
in
the
potential
conflicts
between
a
46
species'
habitat
requirements
or
management
and
human
activities;
47
(c)
Their
knowledge
and
expertise
in
the
interests
that
may
be
affected
48
by
species
management
or
conservation;
or
49
9
(d)
Other
factors
that
may
provide
knowledge,
information,
or
data
that
1
will
further
the
intent
of
this
act.
2
SECTION
8.
That
Section
36
-
2403,
Idaho
Code,
be,
and
the
same
is
hereby
3
amended
to
read
as
follows:
4
36
-
2403.
OPERATIONS
OF
DELISTING
ADVISORY
TEAM.
(1)
The
delisting
ad
-
5
visory
team
shall
elect
a
team
leader
who
shall
chair
all
meetings
of
the
team
6
and
otherwise
administer
its
operations.
The
team
shall
meet
as
necessary,
7
but
shall
meet
no
less
than
once
every
six
(6)
months.
8
(2)
Members
of
the
team
not
in
the
employ
of
public
agencies
may
be
com
-
9
pensated
as
provided
in
section
59
-
509(b),
Idaho
Code,
from
the
budget
of
10
the
governor's
office
of
species
conservation
species,
minerals,
and
energy
1
1
coordination
.
Their
department
or
division
shall
compensate
its
members
of
12
the
team
who
are
state
employees.
13
SECTION
9.
That
Section
36
-
2405,
Idaho
Code,
be,
and
the
same
is
hereby
14
amended
to
read
as
follows:
15
36
-
2405.
RECOMMENDATION
ON
MANAGEMENT
PLANS.
(1)
The
delisting
advi
-
16
sory
team
shall
submit
the
management
plan
to
the
director
of
the
department
17
of
fish
and
game
for
animal
or
plant
species,
for
review
and
recommendation.
18
(2)
The
director
shall
review
the
management
plan
and
make
a
recommen
-
19
dation
to
the
fish
and
game
commission.
The
director
may
recommend
either
20
approval
of
the
management
plan,
or
recommend
to
return
the
management
plan
21
to
the
delisting
advisory
team
for
further
study
and
review,
with
instruc
-
22
tions,
prior
to
return
of
the
species
strategy
or
management
plan
to
the
di
-
23
rectors.
24
(3)
If
the
fish
and
game
commission
finds
that
the
management
plan
pro
-
25
vides
for
the
management
and
conservation
of
the
species
when
it
is
delisted
26
by
the
secretary
of
the
interior
or
secretary
of
commerce
and
that
reason
-
27
able
safeguards
are
included
in
the
management
plan
to
protect
the
health,
28
safety,
private
property
and
economic
well
-
being
of
the
citizens
of
the
29
state
of
Idaho,
the
fish
and
game
commission
shall
approve
the
management
30
plan.
31
(4)
If
the
fish
and
game
commission
makes
the
finding
required
in
sub
-
32
section
(3)
of
this
section,
the
fish
and
game
commission
shall
forward
the
33
state
management
plan,
to
the
governor's
office
of
species
conservation
34
species,
minerals,
and
energy
coordination
and
the
legislature.
The
man
-
35
agement
plan
is
subject
to
legislative
approval,
amendment
or
rejection
by
36
concurrent
resolution
at
the
regular
session
immediately
following
the
com
-
37
mission's
finding
and
approval
of
the
plan.
38
(5)
The
governor's
office
of
species
conservation
species,
minerals,
39
and
energy
coordination
may
petition
the
responsible
public
agencies
to
ini
-
40
tiate
rulemaking
to
facilitate
the
implementation
of
the
approved
manage
-
41
ment
plan.
42
(6)
Each
management
plan
developed
pursuant
to
this
chapter
shall
in
-
43
clude
a
public
education
component
that
shall
be
developed
and
implemented
44
in
cooperation
with
other
appropriate
bureaus
of
the
department
of
fish
and
45
game.
46
10
(7)
Nothing
in
this
act
shall
be
interpreted
as
granting
the
department
1
of
fish
and
game
with
new
or
additional
authority.
2
SECTION
10.
That
Section
42
-
251,
Idaho
Code,
be,
and
the
same
is
hereby
3
amended
to
read
as
follows:
4
42
-
251.
APPROPRIATION
OF
UNAPPROPRIATED
FLOWS
FOR
LEMHI
BASIN
STREAM
5
FLOW
MAINTENANCE
-
-
LEGISLATIVE
FINDINGS
OF
FACT
CONCERNING
HISTORIC
USE
OF
6
HIGH
FLOWS
IN
THE
LEMHI
RIVER
BASIN
AND
NEED
FOR
PROTECTION
AND
EFFECTIVE
7
MANAGEMENT
OF
SUCH
USE.
(1)
Legislative
Findings.
8
(a)
In
the
absence
of
storage
reservoirs
in
the
Lemhi
Basin,
the
diver
-
9
sion
of
"high
water
or
flood
water"
onto
irrigated
land
in
the
spring
10
developed
as
a
way
of
holding
water
underground
within
the
basin,
which
1
1
would
later
contribute
to
the
flows
in
the
Lemhi
River
and
its
tribu
-
12
taries.
13
(b)
The
1982
Lemhi
Basin
Decree
recognized
the
practice
of
diverting
14
"high
water
or
flood
water"
onto
irrigated
lands.
It
defined
"high
wa
-
15
ter
or
flood
water"
as
"natural
flow
of
water
over
and
above
the
amount
16
required
to
fulfill
(1)
existing
quantified
rights
as
shown
in
the
de
-
17
cree
of
water
rights
and
(2)
any
future
rights
that
may
be
established
18
pursuant
to
statutory
procedures
of
the
state
of
Idaho."
Proposed
Find
-
19
ings
of
Water
Rights,
In
the
Matter
of
the
General
Determination
of
20
the
Rights
to
the
Use
of
the
Surface
Waters
and
Tributaries
from
What
-
21
ever
Source
of
the
Lemhi
River
Drainage
Basin,
Civil
No.
4948,
Feb.
22
16,
1982,
at
3,
paragraph
n.
The
Lemhi
Decree
included
a
conclusion
23
of
law
stating
the
practice
"of
diverting
so
called
'high
waters
or
24
flood
waters'
in
addition
to
the
quantified
rights
as
described
in
the
25
recommended
decree
of
water
rights
(and
future
rights
that
may
be
estab
-
26
lished
pursuant
to
statutory
procedures)
[is]
allowed
provided:
(a)
27
the
waters
so
diverted
are
applied
to
beneficial
use.
(b)
the
existing
28
quantified
rights
(including
future
appropriations
of
water)
are
first
29
satisfied."
30
(c)
Based
on
the
conclusions
of
law
in
the
Lemhi
Basin
Decree,
many
31
Lemhi
Basin
irrigators
filed
claims
in
the
Snake
River
Basin
Adjudica
-
32
tion
(SRBA)
seeking
water
rights
for
their
historic
"high
water
or
flood
33
water"
practice.
34
(d)
On
January
3,
2012,
the
SRBA
Court
affirmed
the
Special
Master's
Re
-
35
port
and
Recommendation
finding
that
"Idaho
case
law
precludes
the
high
36
flow
claimants
from
seeking
to
establish
high
flow
water
rights
in
the
37
SRBA
as
a
matter
of
law."
Memorandum
Decision
and
Order
on
Challenge
at
38
11,
Subcase
Nos.
74
-
15051,
In
re
SRBA
Case
No.
39576.
Although
the
SRBA
39
Court
disallowed
the
high
flow
claims,
it
reaffirmed
the
Lemhi
Basin
De
-
40
cree
conclusion
of
law
regarding
"high
water
or
flood
water"
use
through
41
its
Partial
Decree
pursuant
to
I.R.C.P.
54(b)
of
the
Basin
74
High
Flow
42
General
Provision
(Basin
74
General
Provision).
Basin
74
General
Pro
-
43
vision
provides:
"The
following
general
provision
shall
govern
the
use
44
of
'High
Flow'
surface
water
for
irrigation
use
within
the
Lemhi
Basin:
45
The
practice
of
diverting
high
flows
in
the
Lemhi
Basin,
in
addition
to
46
diverting
decreed
and
future
water
rights
that
may
be
established
pur
-
47
suant
to
statutory
procedures
of
the
State
of
Idaho,
is
allowed
provided
48
11
(a)
the
waters
so
diverted
are
applied
to
beneficial
use.
(b)
existing
1
decreed
rights
and
future
appropriations
of
water
are
first
satisfied."
2
(e)
Since
the
early
1990s
Lemhi
irrigators,
with
the
assistance
of
3
state
agencies,
have
led
an
effort
to
protect
and
enhance
salmon
runs
in
4
the
Lemhi
River
Basin,
including
but
not
limited
to
providing
passage
5
flows
for
salmon,
screening
diversion
works
and
implementing
habitat
6
improvement
projects.
7
(f)
The
long
-
term
goal
of
the
Lemhi
irrigators
is
to
conserve,
restore,
8
and
enhance
sufficient
habitat
to
sustain
viable
fish
populations
in
9
the
Lemhi
River
Basin
while
protecting
private
property
rights
and
pre
-
10
serving
and
enhancing
the
farming
and
ranching
lifestyle
and
economy
of
1
1
the
Lemhi
River
Basin.
12
(g)
In
2001,
the
Idaho
Legislature
enacted
section
42
-
1506,
Idaho
Code,
13
at
the
request
of
the
Lemhi
Basin
irrigators.
This
statute
authorized
14
the
Idaho
Water
Resource
Board
to
appropriate
a
minimum
stream
flow
in
15
the
lower
reach
of
the
Lemhi
River
for
the
purpose
of
providing
fish
pas
-
16
sage
and
for
protection
of
Lemhi
water
users
from
enforcement
actions
17
under
the
Endangered
Species
Act.
18
(h)
Use
of
high
flows
under
the
Basin
74
General
Provision
is
not
a
pro
-
19
tected
property
interest
under
Idaho
law.
Because
the
SRBA
Court
disal
-
20
lowed
all
"high
water
or
flood
water"
claims,
a
conflict
developed
be
-
21
tween
irrigators
who
rely
on
the
use
of
high
flows
under
the
Basin
74
22
General
Provision
and
persons
desiring
to
appropriate
high
flow
for
new
23
uses.
24
(i)
The
legislature
finds
(1)
that
the
use
of
Lemhi
River
Basin
high
25
flow
for
holding
water
underground
to
augment
the
natural
flow
of
the
26
Lemhi
River
later
in
the
irrigation
season
is
a
beneficial
use
of
wa
-
27
ter;
and
(2)
that
it
is
in
the
public
interest
to
protect
through
the
28
appropriation
process
the
entitlements
to
divert
and
use
high
flows
un
-
29
der
the
Basin
74
General
Provision
for
efficient
administration
of
such
30
uses
and
to
aid
in
the
proper
planning
for
future
development
of
the
wa
-
31
ter
resources
of
the
Lemhi
River
Basin.
32
(j)
The
Lemhi
Basin
stream
flow
maintenance
applications
provided
for
33
in
this
section
are
based
upon
the
historic
practice
recognized
by
the
34
Basin
74
High
Flow
General
Provision,
and
therefore,
are
not
intended
to
35
nor
shall
be
construed
as
establishing
a
precedent
for
issuance
of
any
36
future
water
rights
in
the
State
of
Idaho.
37
(2)
Stream
Flow
Maintenance
Applications.
Lemhi
irrigators
who
hold
38
irrigation
water
rights
decreed
in
the
SRBA,
and
claim
authority
to
divert
39
and
use
Lemhi
Basin
high
flows
for
stream
flow
maintenance
pursuant
to
the
40
Basin
74
General
Provision
may
file
an
application
for
permit
with
the
de
-
41
partment
of
water
resources
to
convert
such
use
into
a
protectable
water
42
right
on
or
before
July
1,
2024.
The
application
shall
be
upon
forms
provided
43
by
the
department.
The
department
shall
process
the
application
as
provided
44
in
section
42
-
203A,
Idaho
Code.
45
(3)
Quantity
of
Right.
The
quantity
of
a
stream
flow
maintenance
water
46
right
shall
be
limited
to
the
historic
high
flow
use
under
the
Basin
74
Gen
-
47
eral
Provision
ancillary
to
irrigation
water
rights
decreed
in
the
SRBA,
but
48
not
to
exceed
the
ditch
capacity
of
the
decreed
irrigation
water
rights
on
49
August
25,
2014.
50
12
(4)
Proof
of
Beneficial
Use.
The
department
may
consider
as
part
of
its
1
beneficial
use
examination
for
licensing
of
a
permit
under
this
section
a
2
permit
holder's
past
historic
diversions
of
high
flow
under
the
Basin
74
Gen
-
3
eral
Provision.
4
(5)
Comprehensive
Settlement.
All
applications
filed
under
this
sec
-
5
tion
shall
be
subject
to
the
terms
and
conditions
of
the
Lemhi
Basin
Compre
-
6
hensive
Settlement
Agreement
Between
the
Idaho
Water
Resource
Board,
Idaho
7
Department
of
Fish
and
Game,
Idaho
Office
of
Species
Conservation
Species,
8
Minerals,
and
Energy
Coordination,
and
Various
Lemhi
Water
Users,
including
9
but
not
limited
to
the
following
conditions:
10
(a)
Regardless
of
their
priority
dates,
stream
flow
maintenance
wa
-
1
1
ter
rights
shall
include
a
condition
requiring
them
to
cease
diversion
12
while
the
McFarland
Campground
minimum
stream
flow
water
right
estab
-
13
lished
pursuant
to
section
42
-
1506A,
Idaho
Code,
is
being
exercised.
14
(b)
Regardless
of
priority
date,
the
water
supply
legally
available
to
15
stream
flow
maintenance
water
rights
created
under
this
section
that
16
divert
from
a
common
source
shall
be
distributed
proportionately
among
17
the
stream
flow
maintenance
water
rights
diverting
from
the
common
18
source,
except
as
otherwise
provided
for
in
the
Lemhi
Basin
Compre
-
19
hensive
Settlement
Agreement
Between
the
Idaho
Water
Resource
Board,
20
Idaho
Department
of
Fish
and
Game,
Idaho
Office
of
Species
Conservation
21
Species,
Minerals,
and
Energy
Coordination,
and
Various
Lemhi
Water
22
Users.
For
purposes
of
this
section
each
tributary
administered
as
a
23
separate
source
pursuant
to
the
SRBA
Basin
74
Separate
Streams
General
24
Provision
is
a
common
source.
The
mainstem
Lemhi
River
and
all
trib
-
25
utaries
in
Basin
74
not
listed
in
the
SRBA
Basin
74
Separate
Streams
26
General
Provision
are
a
common
source.
27
(6)
Notice
-
How
Given
-
Requirements.
To
ensure
all
persons
claiming
28
authority
to
divert
or
withdraw
and
use
water
under
the
Basin
74
General
Pro
-
29
vision
are
notified
of
the
provisions
of
this
section,
the
department
of
wa
-
30
ter
resources
is
directed
to
give
notice
of
the
provisions
of
this
section
as
31
follows:
32
(a)
By
regular
mail
upon
all
persons
within
Idaho
department
of
water
33
resources
Administrative
Basin
74
who
currently
own
an
irrigation
water
34
right
decreed
in
the
SRBA
a
notice
in
writing
of
the
existence
of
this
35
section;
36
(b)
By
publishing
a
notice
in
writing
in
a
prominent
and
conspicuous
37
place
in
at
least
one
(1)
newspaper
of
general
circulation
in
Lemhi
38
County,
for
at
least
one
(1)
day
a
month
for
three
(3)
consecutive
39
months;
40
(c)
By
posting
a
written
notice,
with
the
cooperation
of
the
Lemhi
41
County
commission,
in
a
prominent
and
conspicuous
location
in
the
Lemhi
42
County
courthouse;
43
(d)
By
providing
sufficient
number
of
copies
of
the
notice
and
decla
-
44
ration
to
the
Lemhi
County
treasurer
for
enclosure
with
each
mailing
of
45
one
(1)
or
more
statements
of
taxes
due
issued
in
2023;
and
46
(e)
By
such
other
means
the
director
of
the
department
in
his
discretion
47
determines
will
carry
out
the
purposes
of
this
section.
48
SECTION
11.
That
Section
47
-
1706,
Idaho
Code,
be,
and
the
same
is
hereby
49
amended
to
read
as
follows:
50
13
47
-
1706.
DUTIES
AND
POWERS
OF
BOARD.
In
addition
to
the
other
duties
1
and
powers
of
the
board
prescribed
by
law,
the
board
is
granted
and
shall
be
2
entitled
to
exercise
the
following
authority
and
powers
and
perform
the
fol
-
3
lowing
duties:
4
(1)
To
reclaim
any
eligible
mine
and
affected
lands.
Reclamation
on
5
federal
lands
shall
be
completed
only
upon
consent
of
the
federal
agency
re
-
6
sponsible
for
the
administration
of
those
lands.
Reclamation
activities
may
7
include:
8
(a)
The
reclamation
and
restoration
of
abandoned
surface
mined
areas;
9
(b)
The
reclamation
of
abandoned
milling
and
processing
areas;
10
(c)
The
sealing,
filling,
and
grading
of
abandoned
deep
mine
entries;
1
1
(d)
The
planting
of
land
adversely
affected
by
past
mining
to
prevent
12
erosion
and
sedimentation;
13
(e)
The
prevention,
abatement,
treatment,
and
control
of
water
pollu
-
14
tion
created
by
abandoned
mine
drainage;
15
(f)
The
control
of
surface
subsidence
due
to
abandoned
deep
mines;
and
16
(g)
Such
other
reclamation
activities
as
may
be
necessary
to
accomplish
17
the
purposes
of
this
act.
18
(2)
To
administer
and
enforce
the
provisions
of
this
act
and
the
rules
19
and
orders
promulgated
thereunder
as
provided
in
this
act.
20
(3)
To
conduct
and
promote
the
coordination
and
acceleration
of
re
-
21
search,
studies,
surveys,
experiments,
demonstrations,
and
training
in
22
carrying
out
the
provisions
of
this
act.
In
carrying
out
the
activities
23
authorized
in
this
section,
the
board
may
enter
into
contracts
with
and
make
24
grants
to
institutions,
agencies,
organizations,
and
individuals,
and
shall
25
collect
and
make
available
any
information
obtained
therefrom.
26
(4)
To
adopt
and
promulgate
reasonable
rules
respecting
the
adminis
-
27
tration
of
this
act
and
such
rules
as
may
be
necessary
to
carry
out
the
intent
28
and
purposes
of
this
act.
All
such
rules
shall
be
adopted
in
accordance
with
29
and
subject
to
the
provisions
of
chapter
52,
title
67,
Idaho
Code.
30
(5)
To
enter
upon
eligible
mines
and
affected
lands
at
reasonable
31
times,
for
inspection
purposes
and
to
determine
whether
the
provisions
of
32
this
act
are
being
complied
with.
Inspections
on
private
lands
shall
be
con
-
33
ducted
in
the
presence
of
the
landowner
or
his
duly
authorized
employees
or
34
representatives,
or
with
written
permission
of
the
landowner.
35
(6)
To
establish
an
advisory
committee
to
assist
the
department
in
set
-
36
ting
priorities
and
planning
reclamation
work.
The
committee
members
shall
37
be
nominated
by
the
governor
and
approved
by
the
board.
The
committee
shall
38
consist
of:
39
(a)
One
(1)
representative
from
the
Idaho
department
of
environmental
40
quality;
41
(b)
One
(1)
representative
from
the
governor's
office
of
energy
and
42
mineral
resources
species,
minerals,
and
energy
coordination
;
43
(c)
One
(1)
representative
who
is
a
county
commissioner
from
a
county
44
with
active
mines;
45
(d)
One
(1)
representative
representing
conservation
interests;
and
46
(e)
Three
(3)
representatives
from
mining
organizations
or
companies
47
who
are
actively
mining
within
the
state
of
Idaho.
48
SECTION
12.
That
Section
57
-
1306,
Idaho
Code,
be,
and
the
same
is
hereby
49
amended
to
read
as
follows:
50
14
57
-
1306.
IMPACT
FUNDS.
1
(1)(a)
Upon
receipt
of
any
moneys
from
the
federal
government
from
2
sales,
royalties,
bonuses
or
rentals
of
oil,
gas
or
mineral
lands
of
the
3
federal
government,
the
state
treasurer
shall
remit
ten
percent
(10%)
4
of
such
receipts
to
the
general
fund
of
the
several
counties
from
which
5
the
resources
were
extracted.
The
state
treasurer
shall
compute
a
par
-
6
ticular
county's
share
of
such
receipts
by
computing
the
proportion
of
7
the
moneys
generated
by
sales,
royalties,
bonuses
or
rentals
of
federal
8
lands
situated
within
that
particular
county
to
the
total
of
moneys
9
received
from
the
federal
government
from
sales,
royalties,
bonuses
10
or
rentals
of
all
oil,
gas
or
mineral
lands
of
the
federal
government
1
1
within
the
state
of
Idaho
for
the
same
period.
The
moneys
remitted
to
12
the
various
counties
according
to
the
provisions
of
this
section
shall
13
be
used
for
the
construction
and
maintenance
of
public
roads
or
for
the
14
support
of
public
schools.
15
(b)
The
remaining
ninety
percent
(90%)
of
any
moneys
received
from
the
16
federal
government
from
sales,
royalties,
bonuses
or
rentals
of
oil,
17
gas
or
mineral
lands
of
the
federal
government
shall
be
deposited
into
18
the
public
school
income
fund,
pursuant
to
the
provisions
of
section
19
33
-
903,
Idaho
Code.
20
(2)(a)
The
state
treasurer
shall
remit
ten
percent
(10%)
of
any
moneys
21
received
from
the
sale,
royalties,
bonuses
or
rental
of
renewable
en
-
22
ergy
resources
on
lands
of
the
federal
government
to
the
general
fund
of
23
the
several
counties
from
which
the
resources
were
developed.
The
state
24
treasurer
shall
compute
a
particular
county's
share
of
such
receipts
by
25
computing
the
proportion
of
the
moneys
generated
by
sales,
royalties,
26
bonuses
or
rentals
of
federal
lands
situated
within
that
particular
27
county
to
the
total
of
moneys
received
from
the
federal
government
from
28
sales,
royalties,
bonuses
or
rentals
of
all
renewable
energy
resource
29
lands
of
the
federal
government
within
the
state
of
Idaho
for
the
same
30
period.
The
moneys
remitted
to
the
various
counties
according
to
the
31
provisions
of
this
section
shall
be
used
for
the
construction
and
main
-
32
tenance
of
public
roads
or
for
the
support
of
public
schools.
33
(b)
The
remaining
ninety
percent
(90%)
of
any
moneys
received
from
the
34
sale,
royalties,
bonuses
or
rental
of
renewable
energy
resources
on
35
lands
of
the
federal
government
and
any
moneys
from
the
federal
govern
-
36
ment
collected
pursuant
to
the
federal
power
act,
16
U.S.C.
803(e)(1),
37
for
the
use
of
lands
of
the
federal
government
shall
be
deposited
by
38
the
state
treasurer
into
the
renewable
energy
resources
fund,
which
is
39
hereby
created.
Any
interest
earned
on
the
investment
of
idle
moneys
40
in
the
renewable
energy
resources
fund
shall
be
returned
to
the
fund.
41
Moneys
in
the
renewable
energy
resources
fund
may
be
expended
pursuant
42
to
appropriation
and
may
be
used
by
the
administrator
of
the
office
of
43
energy
and
mineral
resources
species,
minerals,
and
energy
coordina
-
44
tion
consistent
with
duties,
powers
and
authorities
of
the
office.
45
(3)
For
the
purposes
of
this
section,
"renewable
energy
resources"
46
shall
only
include
geothermal,
wind
and
solar
resources.
47
SECTION
13.
That
Section
67
-
826,
Idaho
Code,
be,
and
the
same
is
hereby
48
amended
to
read
as
follows:
49
15
67
-
826.
IDAHO
ROADLESS
RULE
IMPLEMENTATION
COMMISSION.
(1)
There
is
1
hereby
established
in
the
office
of
the
governor
an
Idaho
roadless
rule
im
-
2
plementation
commission,
hereinafter
referred
to
as
the
"commission."
3
(2)
The
commission,
in
conjunction
with
the
United
States
forest
ser
-
4
vice,
shall
coordinate,
advise,
and
propose
projects,
plans,
and
policies
5
occurring
within
or
affecting
"Idaho
roadless
areas,"
as
defined
in
36
CFR
6
294.21.
7
(3)
The
commission
shall,
as
a
part
of
its
role
of
reviewing
and
propos
-
8
ing
projects,
plans,
and
policies
for
Idaho
roadless
areas,
coordinate
and
9
advise
on
activities
related
to
shared
stewardship,
good
neighbor
author
-
10
ity,
forest
health,
and
the
protection
of
communities
at
risk
from
wildfire
1
1
within
and
adjacent
to
Idaho
roadless
areas.
12
(4)
The
commission
shall
coordinate
and
develop
policies
related
to
13
the
United
States
forest
service's
implementation
and
interpretation
of
the
14
Idaho
roadless
rule
as
codified
in
36
CFR
294,
subpart
C.
15
(5)
The
commission
shall,
as
necessary,
enter
into
memoranda
of
under
-
16
standing
or
other
agreements
with
the
United
States
forest
service
to
coop
-
17
erate
on
activities
subject
to
the
Idaho
roadless
rule
as
provided
in
36
CFR
18
294,
subpart
C.
19
(6)
The
commission
shall
be
supported
by
the
governor's
office
of
20
species
conservation
species,
minerals,
and
energy
coordination
.
Support
21
for
the
commission
shall
include
but
is
not
limited
to
working
with
the
22
United
States
forest
service
staff
to
propose
and
support
projects
within
23
and
adjacent
to
Idaho
roadless
areas,
coordinate
commission
meetings,
and
24
other
tasks
as
assigned
by
the
commission
or
the
governor.
25
(7)
The
members
of
the
commission
shall
be
appointed
by
and
serve
at
26
the
pleasure
of
the
governor.
The
commission
shall
be
composed
of
nine
(9)
27
to
twelve
(12)
members.
Three
(3)
members
shall
serve
initial
terms
of
four
28
(4)
years,
three
(3)
members
shall
serve
initial
terms
of
three
(3)
years,
29
and
three
(3)
members
shall
serve
initial
terms
of
two
(2)
years.
In
the
30
event
that
more
than
nine
(9)
members
are
appointed,
such
additional
members
31
shall
serve
initial
terms
of
five
(5)
years.
Following
initial
terms,
mem
-
32
bers
shall
serve
four
(4)
year
terms.
Members
may
be
appointed
from
the
fol
-
33
lowing
three
(3)
categories:
34
(a)
Individuals
who:
35
(i)
Represent
developed
outdoor
recreation,
off
-
highway
vehicle
36
users
or
commercial
recreation
activities;
37
(ii)
Represent
energy
or
mineral
development
interests;
38
(iii)
Represent
the
commercial
timber
industry;
or
39
(iv)
Hold
a
federal
grazing
lease
or
other
federal
land
use
lease.
40
(b)
Individuals
who:
41
(i)
Represent
an
environmental
organization;
42
(ii)
Represent
dispersed
recreation
activities;
43
(iii)
Represent
archaeological
and
historical
interests;
or
44
(iv)
Represent
a
nationally
or
regionally
recognized
wildlife
or
45
sportsmen's
interest
group.
46
(c)
Individuals
who:
47
(i)
Participated
in
the
development
of
the
Idaho
roadless
rule
or
48
were
members
of
the
roadless
area
conservation
national
advisory
49
committee;
50
16
(ii)
Hold
state,
county,
or
local
elected
office;
1
(iii)
Represent
an
American
Indian
tribe
within
the
state
of
2
Idaho;
or
3
(iv)
Represent
the
public
at
large.
4
(8)
There
shall
be
a
chairman
and
a
vice
chairman
of
the
commission
5
elected
by
a
majority
of
the
members
of
the
commission.
A
majority
of
the
6
commissioners
shall
constitute
a
quorum.
7
(9)
The
commission
meetings
shall,
if
determined
warranted,
be
held
8
semiannually
or
at
other
times
upon
the
call
of
the
chairman
or
a
majority
of
9
the
commission.
10
(10)
The
commission
shall
prepare
and
submit
an
annual
report,
on
or
be
-
1
1
fore
January
15
of
each
year,
to
the
senate
resources
and
environment
com
-
12
mittee
and
the
house
resources
and
conservation
committee
reflecting
the
ac
-
13
tions
of
the
commission
pursuant
to
the
provisions
of
this
section
and
set
-
14
ting
forth
the
membership
of
the
commission.
15
SECTION
14.
That
Section
67
-
5303,
Idaho
Code,
be,
and
the
same
is
hereby
16
amended
to
read
as
follows:
17
67
-
5303.
APPLICATION
TO
STATE
EMPLOYEES.
All
departments
of
the
state
18
of
Idaho
and
all
employees
in
such
departments,
except
those
employees
19
specifically
defined
as
nonclassified,
shall
be
classified
employees
who
20
are
subject
to
this
chapter
and
to
the
system
of
personnel
administration
21
it
prescribes.
All
nonclassified
employees
are
subject
to
conformity
with
22
classified
positions
as
set
forth
in
section
59
-
1603,
Idaho
Code.
Nonclas
-
23
sified
employees
shall
be:
24
(a)
Members
of
the
state
legislature
and
all
other
officers
of
the
state
25
of
Idaho
elected
by
popular
vote
and
persons
appointed
to
fill
vacancies
in
26
elective
offices
and
employees
of
the
state
legislature.
27
(b)
Members
of
statutory
boards
and
commissions
and
heads
of
depart
-
28
ments
appointed
by
and
serving
at
the
pleasure
of
the
governor,
deputy
di
-
29
rectors
appointed
by
the
director
of
a
department,
and
members
of
advisory
30
boards
and
councils
appointed
by
the
departments.
31
(c)
All
employees
and
officers
in
the
office,
and
at
the
residence,
of
32
the
governor;
and
all
employees
and
officers
in
the
offices
of
the
lieutenant
33
governor,
secretary
of
state,
attorney
general,
state
treasurer,
state
con
-
34
troller,
and
state
superintendent
of
public
instruction.
35
(d)
Except
as
otherwise
provided
by
law,
one
(1)
declared
position
des
-
36
ignated
by
the
appointing
authority
of
a
participating
department,
in
addi
-
37
tion
to
those
declared
to
be
nonclassified
by
other
provisions
of
law.
38
(e)
Part
-
time
professional
consultants
who
are
paid
on
a
fee
basis
for
39
any
form
of
legal,
medical
or
other
professional
service
and
who
are
not
en
-
40
gaged
in
the
performance
of
administrative
duties
for
the
state.
41
(f)
Judges,
temporary
referees,
receivers
and
jurors.
42
(g)
All
employees
of
the
Idaho
supreme
court,
Idaho
court
of
appeals
and
43
district
courts.
44
(h)
All
employees
of
the
Idaho
state
bar.
45
(i)
Assistant
attorneys
general
attached
to
the
office
of
the
attorney
46
general.
47
(j)
Officers,
members
of
the
teaching
staffs
of
state
higher
educa
-
48
tional
institutions,
the
professional
staffs
of
the
office
of
the
state
49
17
board
of
education
and
the
Idaho
department
of
education
administered
by
the
1
board
of
regents
and
the
board
of
education,
all
professional
staff
of
the
2
public
charter
school
commission,
and
the
professional
staffs
of
the
Idaho
3
division
of
career
technical
education
and
vocational
rehabilitation
admin
-
4
istered
by
the
state
board
for
career
technical
education.
"Teaching
staff"
5
includes
teachers,
coaches,
resident
directors,
librarians
and
those
prin
-
6
cipally
engaged
in
academic
research.
The
word
"officer"
means
presidents,
7
vice
presidents,
deans,
directors,
or
employees
in
positions
designated
by
8
the
state
board
who
receive
an
annual
salary
of
not
less
than
step
A
of
the
pay
9
grade
equivalent
to
three
hundred
fifty
-
five
(355)
Hay
points
in
the
state
10
compensation
schedule.
In
consultation
with
the
Idaho
division
of
human
1
1
resources,
the
state
board
of
education
shall
implement
policies
and
pro
-
12
cedures
for
nonclassified
employees
to
conform
with
section
59
-
1603,
Idaho
13
Code.
14
(k)
Employees
of
the
military
division.
15
(l)
Patients,
inmates
or
students
employed
in
a
state
institution.
16
(m)
Temporary
employees.
17
(n)
All
employees
and
officers
of
the
following
named
commodity
commis
-
18
sions,
and
all
employees
and
officers
of
any
commodity
commission
created
19
hereafter:
the
Idaho
potato
commission,
as
provided
in
chapter
12,
title
22,
20
Idaho
Code;
the
Idaho
honey
commission,
as
provided
in
chapter
28,
title
22,
21
Idaho
Code;
the
Idaho
bean
commission,
as
provided
in
chapter
29,
title
22,
22
Idaho
Code;
the
Idaho
hop
grower's
commission,
as
provided
in
chapter
31,
ti
-
23
tle
22,
Idaho
Code;
the
Idaho
wheat
commission,
as
provided
in
chapter
33,
24
title
22,
Idaho
Code;
the
Idaho
pea
and
lentil
commission,
as
provided
in
25
chapter
35,
title
22,
Idaho
Code;
the
Idaho
apple
commission,
as
provided
in
26
chapter
36,
title
22,
Idaho
Code;
the
Idaho
cherry
commission,
as
provided
in
27
chapter
37,
title
22,
Idaho
Code;
the
Idaho
mint
commission,
as
provided
in
28
chapter
38,
title
22,
Idaho
Code;
the
Idaho
sheep
and
goat
health
board,
as
29
provided
in
chapter
1,
title
25,
Idaho
Code;
the
state
brand
inspector,
and
30
all
district
supervisors,
as
provided
in
chapter
11,
title
25,
Idaho
Code;
31
the
Idaho
beef
council,
as
provided
in
chapter
29,
title
25,
Idaho
Code;
and
32
the
Idaho
dairy
products
commission,
as
provided
in
chapter
31,
title
25,
33
Idaho
Code.
34
(o)
All
inspectors
of
the
fresh
fruit
and
vegetable
inspection
service
35
of
the
Idaho
department
of
agriculture,
except
those
positions
involved
in
36
the
management
of
the
program.
37
(p)
All
employees
of
correctional
industries
within
the
department
of
38
correction.
39
(q)
All
deputy
administrators
and
wardens
employed
by
the
department
of
40
correction.
Deputy
administrators
are
defined
as
only
the
deputy
adminis
-
41
trators
working
directly
for
the
nonclassified
division
administrators
un
-
42
der
the
director
of
the
department
of
correction.
43
(r)
All
public
information
positions,
with
the
exception
of
secretar
-
44
ial
positions,
in
any
department.
45
(s)
Any
division
administrator
and
all
executive
employees.
46
(t)
Any
regional
administrator
or
division
administrator
in
the
de
-
47
partment
of
environmental
quality.
48
(u)
All
employees
of
the
division
of
financial
management,
all
employ
-
49
ees
of
the
STEM
action
center,
all
employees
of
the
office
of
species
conser
-
50
18
vation
species,
minerals,
and
energy
coordination,
and
all
employees
of
the
1
office
of
drug
policy
,
and
all
employees
of
the
office
of
energy
and
mineral
2
resources
.
3
(v)
All
employees
of
the
Idaho
food
quality
assurance
institute.
4
(w)
All
employees
of
the
office
of
the
state
appellate
public
defender,
5
pursuant
to
chapter
59,
title
19,
Idaho
Code,
and
the
office
of
the
state
pub
-
6
lic
defender,
pursuant
to
chapter
60,
title
19,
Idaho
Code.
7
(x)
All
quality
assurance
specialists
or
medical
investigators
of
the
8
Idaho
board
of
medicine.
9
(y)
All
pest
survey
and
detection
employees
and
their
supervisors
hired
10
specifically
to
carry
out
activities
under
the
Idaho
plant
pest
act,
chapter
1
1
20,
title
22,
Idaho
Code,
including
but
not
limited
to
pest
survey,
detec
-
12
tion,
and
eradication,
except
those
positions
involved
in
the
management
of
13
the
program.
14
(z)
All
medical
directors
employed
by
the
department
of
health
and
15
welfare
who
are
engaged
in
the
practice
of
medicine,
as
defined
by
section
16
54
-
1803,
Idaho
Code,
at
a
state
hospital
or
other
treatment
facility
managed
17
and
operated
by
the
department
of
health
and
welfare.
18
(aa)
All
hearing
officers
and
all
other
employees
of
the
office
of
ad
-
19
ministrative
hearings,
as
provided
for
in
chapter
52,
title
67,
Idaho
Code.
20
(bb)
All
attorneys
employed
by
the
division
of
occupational
and
profes
-
21
sional
licenses.
22
SECTION
15.
That
Section
67
-
5806,
Idaho
Code,
be,
and
the
same
is
hereby
23
amended
to
read
as
follows:
24
67
-
5806.
DECLARATION
OF
EMERGENCY.
A
disaster
emergency,
as
defined
25
in
section
46
-
1002(2)
and
(3),
Idaho
Code,
is
in
existence
as
a
result
of
26
the
introduction
of
Canadian
gray
wolves,
which
have
caused
and
continue
to
27
threaten
vast
devastation
of
Idaho's
social
culture,
economy
and
natural
re
-
28
sources.
The
geographical
extent
of
this
emergency
shall
include
any
part
29
of
the
state
of
Idaho
where
gray
wolves
have
been
sighted
and
whose
sighting
30
has
been
documented
or
otherwise
confirmed
by
the
office
of
species
conser
-
31
vation
species,
minerals,
and
energy
coordination
or
the
department
of
fish
32
and
game.
33
SECTION
16.
That
Section
67
-
5807,
Idaho
Code,
be,
and
the
same
is
hereby
34
amended
to
read
as
follows:
35
67
-
5807.
GOVERNOR
-
-
EXECUTIVE
ORDERS.
(1)
Pursuant
to
this
act,
the
36
governor
may
issue
executive
orders
and
proclamations
and
amend
or
rescind
37
such
orders
and
proclamations.
Executive
orders
and
proclamations
have
the
38
force
and
effect
of
law.
A
disaster
emergency
may
be
declared
by
executive
39
order
or
proclamation
of
the
governor
if
the
governor
finds
any
of
the
fol
-
40
lowing:
41
(a)
Any
Canadian
gray
wolf
within
the
state
is
a
carrier
of
a
disease
42
harmful
to
humans,
livestock,
pets
and
wild
game
and
that
there
is
a
risk
43
of
transmission
of
such
disease
to
humans,
livestock,
pets
or
wild
game;
44
(b)
The
potential
of
human
-
wolf
conflict
exists
and
that
the
Canadian
45
gray
wolf
is
frequenting
areas
inhabited
by
humans
or
showing
habitu
-
46
ated
behavior
toward
humans;
47
19
(c)
That
the
potential
for
livestock
-
wolf
conflict
exists
and
that
the
1
Canadian
gray
wolf
is
frequenting
areas
that
are
largely
ranchland
with
2
livestock
or
showing
evidence
of
habituated
behavior
toward
livestock;
3
(d)
The
numbers
of
Canadian
gray
wolves
are
such
that
there
is
an
im
-
4
pact
to
Idaho
big
game
herds
as
identified
in
the
wolf
management
plan
5
of
2002,
and
that
there
is
evidence
that
increasing
the
number
of
wolves
6
beyond
one
hundred
(100)
has
had
detrimental
impacts
on
big
game
popula
-
7
tions,
the
economic
viability
of
the
Idaho
department
of
fish
and
game,
8
outfitters
and
guides,
and
others
who
depend
on
a
viable
population
of
9
big
game
animals;
10
(e)
The
numbers
of
big
game
animals
have
been
significantly
impacted
1
1
below
that
of
recent
historical
numbers
and
that
there
has
been
a
mea
-
12
surable
diminution
in
the
value
of
businesses
tied
to
outfitting
and
13
other
game
or
hunting
based
businesses.
14
(2)
The
executive
order
or
proclamation
shall
direct
the
office
of
15
species
conservation
species,
minerals,
and
energy
coordination
to
initiate
16
emergency
proceedings
in
accordance
with
section
67
-
5247,
Idaho
Code.
Any
17
person
may
challenge
an
action
or
proposed
action
of
the
office
of
species
18
conservation
species,
minerals,
and
energy
coordination
by
following
the
19
appeals
process
prescribed
by
the
Idaho
administrative
procedure
act,
chap
-
20
ter
52,
title
67,
Idaho
Code.
21
(3)
The
state
of
disaster
emergency
shall
continue
until
the
governor
22
finds
that
either
gray
wolves
are
delisted
in
Idaho
with
full
state
manage
-
23
ment
restored
or
the
threat
has
been
dealt
with
to
the
extent
that
emergency
24
conditions
no
longer
exist.
When
either
or
both
of
these
events
occur,
the
25
governor
shall
terminate
the
state
of
disaster
emergency
by
executive
order
26
or
proclamation.
Provided
however,
that
no
state
of
disaster
emergency
pur
-
27
suant
to
the
provisions
of
this
act
may
continue
for
longer
than
one
(1)
year.
28
The
legislature
by
concurrent
resolution
may
terminate
a
state
of
disaster
29
emergency
at
any
time.
Thereupon,
the
governor
shall
issue
an
executive
30
order
or
proclamation
ending
the
state
of
disaster
emergency.
All
executive
31
orders
or
proclamations
issued
pursuant
to
this
section
shall
indicate
which
32
of
the
conditions
in
this
section
exist,
the
area
or
areas
threatened
and
the
33
actions
planned
to
resolve
the
issue,
including
contracting
with
USDA
-
APHIS
34
wildlife
services.
An
executive
order
or
proclamation
shall
be
disseminated
35
promptly
by
means
calculated
to
bring
its
contents
to
the
attention
of
the
36
general
public
and,
unless
the
circumstances
attendant
upon
the
disaster
37
prevent
or
impede,
be
promptly
filed
with
the
office
of
species
conservation
38
species,
minerals,
and
energy
coordination
,
the
department
of
fish
and
game,
39
the
office
of
the
secretary
of
state
,
and
the
office
of
the
sheriff
of
each
40
county
where
the
state
of
disaster
emergency
applies.
41
SECTION
17.
An
emergency
existing
therefor,
which
emergency
is
hereby
42
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
43
July
1,
2026.
44