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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.
910
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
STATE
LANDS;
AMENDING
TITLE
58,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
2
NEW
CHAPTER
16,
TITLE
58,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
FOR
DEVEL
-
3
OPING
MANAGED
RECREATION
OPPORTUNITIES
ON
ENDOWMENT
LAND;
AND
DECLAR
-
4
ING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Title
58,
Idaho
Code,
be,
and
the
same
is
hereby
amended
7
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
8
ter
16,
Title
58,
Idaho
Code,
and
to
read
as
follows:
9
CHAPTER
16
10
MANAGED
RECREATION
OPPORTUNITIES
ON
ENDOWMENT
LAND
1
1
58
-
1601.
LEGISLATIVE
FINDINGS
AND
INTENT.
(1)
The
legislature
finds
12
that:
13
(a)
Upon
statehood,
Idaho
was
endowed
with
certain
land
to
be
held
and
14
used
exclusively
for
the
purposes
provided
by
the
admission
act,
in
such
15
a
manner
as
the
legislature
of
the
state
may
provide,
thereby
creating
16
a
"sacred
-
trust"
between
the
general
government,
as
trustor,
the
state,
17
as
trustee,
and
the
various
beneficiaries;
18
(b)
Such
lands
became
known
as
endowment
lands
and
are
actively
man
-
19
aged
by
the
Idaho
department
of
lands,
under
the
direction
of
the
board
20
of
land
commissioners,
in
accordance
with
its
constitutional
mandate
21
to
"secure
the
maximum
long
term
financial
return
to
the
institution
to
22
which
granted",
of
which
there
are
nine
(9),
the
most
prominent
being
23
public
schools;
24
(c)
To
generate
revenue,
endowment
lands
are
leased
for
various
pur
-
25
poses,
such
as
timber
harvests,
grazing,
and
commercial
uses,
and
are
26
generally
open
to
the
public,
free
of
charge,
provided
such
public
ac
-
27
cess
does
not
interfere
with
the
execution
of
a
valid,
existing
lease,
28
or
is
not
otherwise
incompatible
with
the
trust
purposes
of
the
endow
-
29
ment
land;
30
(d)
Idaho
law
requires
that
all
state
-
owned
lands
classified
as
chiefly
31
valuable
for
forestry,
reforestation,
recreation,
and
watershed
pro
-
32
tection
be
set
aside
as
state
forests,
thereby
ensuring
that
endowment
33
lands
classified
as
such,
while
they
may
be
reclassified
from
time
to
34
time,
provide
future
beneficiaries
with
suitable
revenue
-
generating
35
land
while
also
ensuring
ecologically
sensitive
areas
and
rural
commu
-
36
nities
with
single
-
source
watersheds
are
protected;
37
(e)
The
Idaho
park
and
recreation
board
and
the
Idaho
department
of
38
parks
and
recreation
successfully
manage
state
parks,
trails,
and
other
39
attractions
throughout
every
region
of
Idaho,
giving
them
the
ability,
40
expertise,
and
experience
necessary
to
design,
construct,
operate,
41
2
maintain,
and
administer
public
recreation
infrastructure
and
activi
-
1
ties
within
and
across
Idaho;
2
(f)
In
1989,
the
Idaho
legislature
recognized
"that
in
order
to
obtain
3
the
maximum
long
-
term
benefits
to
the
people
of
Idaho,
it
is
necessary
4
for
lands
of
outstanding
park
and
recreation
potential
to
be
acquired
5
and
incorporated
into
the
state
park
system
in
the
most
economical
man
-
6
ner
possible.";
7
(g)
The
department
of
parks
and
recreation,
under
the
direction
of
the
8
park
board,
is
statutorily
charged
with
acquiring
or
leasing
areas
of
9
scenic
beauty,
recreational
utility,
or
historic,
archaeological,
or
10
scientific
interest
to
ensure
that
the
health,
happiness,
availability
1
1
of
recreational
opportunities,
and
overall
wholesome
enjoyment
of
life
12
by
the
people
will
be
furthered;
and
13
(h)
Both
boards
and
departments
are
uniquely
positioned
to
collabora
-
14
tively
fulfill
the
land
board's
constitutional
mandate,
meet
statutory
15
requirements,
and
promote
the
park
board's
duties
all
while
ensuring
16
future
generations
of
beneficiaries
and
citizens
have
access
to
endow
-
17
ment
lands,
the
outdoors,
and
a
healthy
environment.
18
(2)
Therefore,
it
is
the
intent
of
the
legislature
to:
19
(a)
Maximize
the
long
-
term
benefit
to
the
endowment
beneficiaries
by
20
providing
a
variety
of
long
-
term,
consistent
revenue
sources;
21
(b)
Protect
traditional
uses
of
endowment
land
and
valid,
existing
22
rights;
23
(c)
Conserve
existing
public
access
to
lands
historically
open
to
the
24
public;
and
25
(d)
Preserve,
establish,
and
promote
outdoor
recreation
and
education
26
opportunities.
27
58
-
1602.
DEFINITIONS.
As
used
in
this
chapter:
28
(1)
"Endowment
land"
means
any
and
all
land
granted
or
acquired
pur
-
29
suant
to
sections
4
through
14
of
the
Idaho
admission
act,
including
in
-
lieu
30
and
indemnity
lands
and
such
other
lands
as
may
have
been
acquired
by
the
31
state
through
the
exchange
of
such
lands
or
the
sale
of
such
lands
and
pur
-
32
chase
of
additional
lands,
and
such
other
lands
that
may
have
been
acquired
33
by
the
state
board
of
land
commissioners
through
gift,
grant,
or
donation
34
pursuant
to
section
58
-
133(1),
Idaho
Code.
35
(2)
"IDL
fee"
means
the
fee
set
by
and
paid
to
the
Idaho
department
of
36
lands
for
each
managed
recreation
opportunity.
37
(3)
"IDPR
fee"
means
the
fee
that
may
be
set
by
the
Idaho
department
of
38
parks
and
recreation
for
a
managed
recreation
opportunity.
39
(4)
"Managed
recreation
opportunity"
means
a
specific,
defined
site
or
40
area
of
endowment
land
that
is
developed
and
operated
for
fee
-
based
recre
-
41
ation
opportunities,
including
the
associated
infrastructure.
A
managed
42
recreation
opportunity
may
include
providing,
promoting,
and
expanding
43
outdoor
education
and
research
opportunities,
similar
to
the
McCall
outdoor
44
science
school.
A
managed
recreation
opportunity
may
also
include
but
is
not
45
limited
to:
46
(a)
Camp,
tent,
recreational
vehicle,
yurt,
park
-
and
-
ski,
and
picnic
47
sites;
48
(b)
Bike,
equestrian,
off
-
highway
vehicle,
and
snowmobile
parks;
and
49
3
(c)
Development
of
the
land
for
hiking,
backpacking,
fishing,
hunting,
1
and
other
such
recreational
uses
as
may
be
desired
by
the
departments.
2
(5)
"Managed
recreation
plan"
or
"plan"
means
a
site
-
specific
develop
-
3
ment
and
management
plan
containing
site
-
specific
terms
for
a
managed
recre
-
4
ation
opportunity.
5
(6)
"Recreation
advisor"
means
the
designated
representative
from
the
6
department
of
lands
or
the
designated
representative
from
the
department
7
and
parks
and
recreation
who
serves
as
that
department's
primary
point
of
8
contact
for
managed
recreation
opportunities
established
pursuant
to
this
9
chapter.
10
58
-
1603.
MANAGED
RECREATION
OPPORTUNITIES.
(1)
A
managed
recreation
1
1
opportunity
shall
be
approved
by
the
board
of
land
commissioners
and
the
park
12
and
recreation
board
prior
to
its
implementation.
13
(2)
A
managed
recreation
opportunity
shall
not
terminate,
effectively
14
terminate,
or
interfere
with,
harm,
or
impede
any
bona
fide
right
or
valid,
15
existing
right
that
precedes
the
use
of
the
land
for
a
managed
recreation
op
-
16
portunity
without
written
consent
of
the
affected
right
-
holder.
17
(3)
For
the
purposes
of
this
chapter
only,
any
lease
or
other
land
use
18
agreement
executed
for
a
managed
recreation
opportunity
shall
not
be
consid
-
19
ered
a
disposal
of
endowment
land
subject
to
requirements
regarding
conflict
20
auctions.
21
58
-
1604.
DUTIES
OF
THE
DEPARTMENTS.
(1)
The
director
of
the
department
22
of
lands
and
the
director
of
the
department
of
parks
and
recreation,
and
the
23
boards,
departments,
and
recreation
advisors
associated
therewith,
shall
24
collaboratively
work
together
to
execute
the
provisions
of
this
chapter.
25
(2)
The
department
of
lands
and
the
department
of
parks
and
recreation
26
shall:
27
(a)
Mutually
identify
endowment
lands
that
can
be
developed
to
offer
28
managed
recreation
opportunities
to
generate
revenue,
protect
endow
-
29
ment
land
assets,
and
promote
public
recreational
values;
30
(b)
Appoint
a
recreation
advisor;
and
31
(c)
To
the
maximum
extent
possible,
facilitate
multiple
simultaneous
32
leases
or
uses
on
endowment
lands
to
maximize
revenue,
including
work
-
33
ing
with
existing
lessees
or
right
-
holders,
if
any,
to
ensure
that
a
34
managed
recreation
opportunity
does
not
substantially
interfere
with,
35
harm,
or
impede
any
bona
fide
right
or
valid,
existing
right.
36
(3)
The
department
of
lands
shall:
37
(a)
Compile,
keep,
periodically
update,
and
make
available
to
the
de
-
38
partment
of
parks
and
recreation
an
inventory
of
endowment
lands
from
39
which
the
departments
may
identify
and
select
mutually
agreeable
lands
40
for
managed
recreation
opportunities;
41
(b)
Provide
technical
assistance
on
the
development,
design,
con
-
42
struction,
implementation,
maintenance,
and
management
of
the
managed
43
recreation
opportunity;
and
44
(c)
Provide
guidance
for
each
managed
recreation
opportunity
to
45
assist,
coordinate,
and
consult
with
the
department
of
parks
and
recre
-
46
ation.
47
(4)
The
department
of
parks
and
recreation
shall:
48
4
(a)
Design,
manage,
maintain,
operate,
and
administer
all
managed
1
recreation
opportunities
on
endowment
lands;
2
(b)
Prepare,
solicit,
contract,
and
procure
goods
and
services
nec
-
3
essary
to
construct,
develop,
maintain,
operate,
and
manage
managed
4
recreation
opportunities;
and
5
(c)
Incorporate
all
managed
recreation
opportunities
into
its
regular
6
operations
and
management,
including
use
of
its
reservation
system
and
7
concessionaires
or
vendors.
8
58
-
1605.
MANAGED
RECREATION
PLAN.
(1)
The
departments
shall
develop
a
9
managed
recreation
plan
after
identifying
endowment
land
suitable
for
a
man
-
10
aged
recreation
opportunity.
1
1
(2)
The
management
plan
shall
include,
at
a
minimum:
12
(a)
An
explanation
of
the
recreation
opportunity
sought
to
be
developed
13
and
the
need
for
it
in
the
community;
14
(b)
The
projected
monetary
benefit
to
the
beneficiary
and
impact
to
ex
-
15
isting
users
of
the
land,
if
any;
and
16
(c)
Site
-
specific
terms
for
the
managed
recreation
opportunity
that
17
may
include
provisions
governing
use,
construction,
maintenance,
oper
-
18
ation,
marketing,
funding,
revenue
distribution,
and
other
such
terms
19
as
the
boards
may
deem
necessary
for
the
respective
managed
recreation
20
opportunity.
21
(3)
Once
a
managed
recreation
plan
is
completed,
the
departments
shall
22
present
the
plan
to
their
respective
board
for
review
and
approval.
The
plan
23
shall
be
approved
by:
24
(a)
The
board
of
land
commissioners
if
it
finds
that:
25
(i)
The
IDL
fee
associated
with
the
managed
recreation
oppor
-
26
tunity
is
reasonably
likely
to
compensate
the
beneficiary
in
an
27
amount
equal
to
the
fair
market
value
for
a
similar
recreation
op
-
28
portunity
on
the
specific
area
of
endowment
land
sought
to
be
used
29
for
the
managed
recreation
opportunity;
and
30
(ii)
The
managed
recreation
opportunity
will
not
actually
and
31
substantially
interfere
with,
harm,
or
impede
any
bona
fide
right
32
or
valid,
existing
right
that
precedes
the
use
of
the
land
for
a
33
managed
recreation
opportunity,
unless
written
consent
of
the
af
-
34
fected
right
-
holder
is
obtained
and
presented
to
the
board;
and
35
(b)
The
park
and
recreation
board
if
it
finds
that:
36
(i)
The
managed
recreation
opportunity
aligns
with
its
strategic
37
plan
and
that
it
will
preserve,
protect,
or
promote
the
overall
en
-
38
joyment
of
life
for
the
people
through
outdoor
recreation
and
re
-
39
source
stewardship;
and
40
(ii)
The
managed
recreation
opportunity
will
not
actually
and
41
substantially
interfere
with,
harm,
or
impede
any
bona
fide
right
42
or
valid,
existing
right
that
precedes
the
use
of
the
land
for
a
43
managed
recreation
opportunity,
unless
written
consent
of
the
af
-
44
fected
right
-
holder
is
obtained
and
presented
to
the
board.
45
(4)
Upon
the
approval
of
the
plan
by
both
boards,
the
departments
shall
46
implement
the
plan
and
take
the
necessary
actions
to
open
the
managed
recre
-
47
ation
opportunity
to
the
public
as
soon
as
is
practicable.
48
5
(5)
The
directors
of
the
departments
may
use
any
power
and
duty
granted
1
to
them
pursuant
to
Idaho
law
to
develop
a
managed
recreation
opportunity
or
2
associated
plan
or
to
otherwise
effectuate
the
provisions
of
this
chapter.
3
58
-
1606.
REVENUE
GENERATION
AND
DISTRIBUTION.
(1)
For
each
managed
4
recreation
opportunity,
the
department
of
lands
shall
set
an
IDL
fee.
5
(a)
The
IDL
fee
shall
be
based
on
the
fair
market
value
for
a
similar
6
recreation
opportunity
on
the
specific
area
of
endowment
land
sought
to
7
be
used
for
the
managed
recreation
opportunity.
8
(b)
When
setting
the
fee,
the
department
of
lands
shall
consider
mul
-
9
tiple
fair
market
factors,
including
local
and
regional
recreation
mar
-
10
ket
conditions
and
consistency
with
fiduciary
obligations
to
endowment
1
1
beneficiaries
and
with
the
provisions
of
this
chapter.
12
(c)
The
IDL
fee
may
be
periodically
reviewed
and
adjusted
as
the
board
13
of
land
commissioners
may
see
fit
but
no
more
frequently
than
on
an
an
-
14
nual
basis.
Prior
to
adjusting
the
IDL
fee,
the
land
board
shall
consult
15
with
the
park
and
recreation
board
and
shall
attempt
to
adjust
the
fee
to
16
a
mutually
agreeable
amount
but
does
not
need
the
park
board's
consent
17
prior
to
adjusting
the
IDL
fee.
18
(2)
The
department
of
parks
and
recreation
shall
remit
all
IDL
fees
to
19
the
department
of
lands
at
the
end
of
each
fiscal
year
for
deposit
into
the
20
earnings
reserve
fund
of
the
respective
endowment
beneficiary
for
which
the
21
land
was
used
for
a
managed
recreation
opportunity.
22
(3)
The
department
of
parks
and
recreation
may
charge
an
IDPR
fee.
23
(a)
The
IDPR
fee
shall
be
determined
according
to
the
fee
schedule
ap
-
24
proved
by
the
park
and
recreation
board.
25
(b)
IDPR
fees
shall
be
deposited
into
the
park
and
recreation
fund
es
-
26
tablished
in
section
67
-
4225,
Idaho
Code,
and
used
solely
by
the
depart
-
27
ment
of
parks
and
recreation
for
managed
recreation
opportunities.
28
(4)
The
department
of
parks
and
recreation
may
utilize
funds,
as
appli
-
29
cable,
provided
pursuant
to:
30
(a)
Section
67
-
7126(4),
Idaho
Code,
for
off
-
highway
vehicle
opportuni
-
31
ties
and
related
facilities
and
management;
and
32
(b)
Section
67
-
7106(1)(c),
Idaho
Code,
for
snowmobile
opportunities
33
and
related
facilities
and
management.
34
(5)
Any
proceeds
from
the
operation
of
a
managed
recreation
opportunity
35
shall
be
deposited
into
the
park
and
recreation
fund
to
be
used
by
the
direc
-
36
tor
of
the
department
of
parks
and
recreation,
subject
to
legislative
appro
-
37
priation,
solely
for
the
purposes
provided
for
by
this
chapter,
along
with
38
such
other
moneys
as
may
be
provided
by
legislative
appropriation
to
further
39
effectuate
the
purposes
of
this
chapter.
40
(a)
IDL
fees
shall
not
be
considered
proceeds.
41
(b)
Up
to
fifteen
percent
(15%)
of
the
proceeds
may
be
used
for
admin
-
42
istrative
costs
related
to
managed
recreation
opportunities,
includ
-
43
ing
providing
compensation
to
the
departments'
recreation
advisors
for
44
their
work
effectuating
the
provisions
of
this
chapter.
45
(c)
The
remaining
proceeds
may
be
used
by
the
department
of
parks
and
46
recreation
to
cover
the
costs
of
developing,
designing,
constructing,
47
implementing,
maintaining,
managing,
and
operating
managed
recreation
48
6
opportunities,
acquiring
managed
recreation
opportunities,
and
other
-
1
wise
implementing
the
provisions
of
this
chapter.
2
(d)
Such
proceeds
shall
not
be
used
toward:
3
(i)
Expenses
incurred
to
manage
endowment
lands
for
purposes
or
4
uses
other
than
a
managed
recreation
opportunity;
or
5
(ii)
Expenses
incurred
to
manage
lands
under
the
direction
or
con
-
6
trol
of
the
department
of
parks
and
recreation
for
purposes
or
uses
7
other
than
a
managed
recreation
opportunity.
8
(6)
Any
proceeds
from
managed
recreation
opportunities
over
five
hun
-
9
dred
thousand
dollars
($500,000)
that
remain
unencumbered
in
the
fund
at
the
10
end
of
each
fiscal
year
shall
be
transferred
by
the
state
treasurer
to
the
de
-
1
1
partments
as
follows:
12
(a)
Fifty
percent
(50%),
along
with
any
interest
collected
on
such
mon
-
13
eys,
shall
be
deposited
into
the
park
and
recreation
fund
established
in
14
section
67
-
4225,
Idaho
Code;
and
15
(b)
Fifty
percent
(50%),
along
with
any
interest
collected
on
such
mon
-
16
eys,
shall
be
deposited
in
the
earnings
reserve
fund
of
the
respective
17
endowment
beneficiary
for
which
the
land
was
used
for
a
managed
recre
-
18
ation
opportunity.
19
58
-
1607.
REPORTING
BY
THE
DEPARTMENTS.
(1)
No
later
than
June
30
of
20
each
year,
beginning
in
2027,
the
directors
of
the
department
of
lands
and
21
department
of
parks
and
recreation
shall
jointly
prepare
and
submit
to
the
22
governor
and
the
legislature
an
annual
report
concerning
endowment
lands
23
used
for
managed
recreation
opportunities
and
the
departments'
performance
24
administering
such
lands,
the
managed
recreation
opportunities
associated
25
with
such
lands,
and
the
provisions
of
this
chapter.
26
(2)
The
departments'
annual
report
shall,
at
a
minimum:
27
(a)
Provide
a
detailed
accounting
of
all
active
endowment
land
leases
28
that
are
categorized
for
recreation
purposes,
including
the
total
29
acreage
under
such
lease,
the
lease
terms,
and
the
revenue
generated
30
thereunder;
31
(b)
Provide
the
inventory
of
endowment
lands
required
to
be
kept
by
this
32
chapter
and
an
overview
of
potential
future
managed
recreation
opportu
-
33
nities,
including
total
acreage,
recreation
opportunity,
and
potential
34
revenue;
35
(c)
Provide
a
detailed
accounting
of
each
active
managed
recreation
op
-
36
portunity
that
includes:
37
(i)
The
total
proceeds
generated
at
that
managed
recreation
op
-
38
portunity;
39
(ii)
The
associated
IDL
fee
amount
and
the
total
distribution,
or
40
anticipated
distribution,
to
the
endowment
beneficiaries;
and
41
(iii)
The
total
expenditures
related
to
that
managed
recreation
42
opportunity;
43
(d)
Provide
an
overview
of
the
total
proceeds
generated
by
all
managed
44
recreation
opportunities
throughout
the
state,
including
the
antici
-
45
pated
distributions
to
the
departments
pursuant
to
section
58
-
1606(5),
46
Idaho
Code;
47
7
(e)
Provide
comprehensive
operational
details
for
both
departments
for
1
the
preceding
fiscal
year,
including
budgetary
expenditures,
staffing,
2
and
progress
toward
mutually
planned
strategic
milestones;
and
3
(f)
Be
made
publicly
available
on
the
respective
departments'
official
4
websites.
5
(3)
The
department
of
lands
may
request
for
its
accounting
purposes,
no
6
more
frequently
than
once
per
fiscal
quarter,
and
the
department
of
parks
and
7
recreation
shall
provide,
within
ten
(10)
business
days
of
receiving
such
8
request
in
writing,
an
accurate
report
containing
the
information
required
9
by
subsection
(2)(c)
and
(d)
of
this
section.
10
58
-
1608.
APPLICABILITY.
Nothing
in
this
chapter
shall
be
construed
to
1
1
require,
permit,
or
approve
the
transfer
of
endowment
land
from
the
depart
-
12
ment
of
lands
to
the
department
of
parks
and
recreation
or
to
otherwise
di
-
13
vest
the
state
board
of
land
commissioners
of
title
to
or
management
author
-
14
ity
over
endowment
lands,
regardless
of
the
endowment
land's
use
as
a
man
-
15
aged
recreation
opportunity.
Endowment
land
may
be
disposed
of
or
otherwise
16
transferred
to
the
department
of
parks
and
recreation
only
pursuant
to
a
sale
17
or
exchange
made
in
accordance
with
applicable
law.
18
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
19
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
20
July
1,
2026.
21