Adds to existing law to provide for managed recreation opportunities on state endowment lands.

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 ACT1 RELATING TO STATE LANDS; AMENDING TITLE 58, IDAHO CODE, BY THE ADDITION OF A2 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 amended7 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 1610 MANAGED RECREATION OPPORTUNITIES ON ENDOWMENT LAND11 58-1601. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds12 that:13 (a) Upon statehood, Idaho was endowed with certain land to be held and14 used exclusively for the purposes provided by the admission act, in such15 a manner as the legislature of the state may provide, thereby creating16 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 board20 of land commissioners, in accordance with its constitutional mandate21 to "secure the maximum long term financial return to the institution to22 which granted", of which there are nine (9), the most prominent being23 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 are26 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 chiefly31 valuable for forestry, reforestation, recreation, and watershed pro-32 tection be set aside as state forests, thereby ensuring that endowment33 lands classified as such, while they may be reclassified from time to34 time, provide future beneficiaries with suitable revenue-generating35 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 of38 parks and recreation successfully manage state parks, trails, and other39 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 obtain3 the maximum long-term benefits to the people of Idaho, it is necessary4 for lands of outstanding park and recreation potential to be acquired5 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 the8 park board, is statutorily charged with acquiring or leasing areas of9 scenic beauty, recreational utility, or historic, archaeological, or10 scientific interest to ensure that the health, happiness, availability11 of recreational opportunities, and overall wholesome enjoyment of life12 by the people will be furthered; and13 (h) Both boards and departments are uniquely positioned to collabora-14 tively fulfill the land board's constitutional mandate, meet statutory15 requirements, and promote the park board's duties all while ensuring16 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 by20 providing a variety of long-term, consistent revenue sources;21 (b) Protect traditional uses of endowment land and valid, existing22 rights;23 (c) Conserve existing public access to lands historically open to the24 public; and25 (d) Preserve, establish, and promote outdoor recreation and education26 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-lieu30 and indemnity lands and such other lands as may have been acquired by the31 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 acquired33 by the state board of land commissioners through gift, grant, or donation34 pursuant to section 58-133(1), Idaho Code.35 (2) "IDL fee" means the fee set by and paid to the Idaho department of36 lands for each managed recreation opportunity.37 (3) "IDPR fee" means the fee that may be set by the Idaho department of38 parks and recreation for a managed recreation opportunity.39 (4) "Managed recreation opportunity" means a specific, defined site or40 area of endowment land that is developed and operated for fee-based recre-41 ation opportunities, including the associated infrastructure. A managed42 recreation opportunity may include providing, promoting, and expanding43 outdoor education and research opportunities, similar to the McCall outdoor44 science school. A managed recreation opportunity may also include but is not45 limited to:46 (a) Camp, tent, recreational vehicle, yurt, park-and-ski, and picnic47 sites;48 (b) Bike, equestrian, off-highway vehicle, and snowmobile parks; and49

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 the6 department of lands or the designated representative from the department7 and parks and recreation who serves as that department's primary point of8 contact for managed recreation opportunities established pursuant to this9 chapter.10 58-1603. MANAGED RECREATION OPPORTUNITIES. (1) A managed recreation11 opportunity shall be approved by the board of land commissioners and the park12 and recreation board prior to its implementation.13 (2) A managed recreation opportunity shall not terminate, effectively14 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 use18 agreement executed for a managed recreation opportunity shall not be consid-19 ered a disposal of endowment land subject to requirements regarding conflict20 auctions.21 58-1604. DUTIES OF THE DEPARTMENTS. (1) The director of the department22 of lands and the director of the department of parks and recreation, and the23 boards, departments, and recreation advisors associated therewith, shall24 collaboratively work together to execute the provisions of this chapter.25 (2) The department of lands and the department of parks and recreation26 shall:27 (a) Mutually identify endowment lands that can be developed to offer28 managed recreation opportunities to generate revenue, protect endow-29 ment land assets, and promote public recreational values;30 (b) Appoint a recreation advisor; and31 (c) To the maximum extent possible, facilitate multiple simultaneous32 leases or uses on endowment lands to maximize revenue, including work-33 ing with existing lessees or right-holders, if any, to ensure that a34 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 from39 which the departments may identify and select mutually agreeable lands40 for managed recreation opportunities;41 (b) Provide technical assistance on the development, design, con-42 struction, implementation, maintenance, and management of the managed43 recreation opportunity; and44 (c) Provide guidance for each managed recreation opportunity to45 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 managed1 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 managed4 recreation opportunities; and5 (c) Incorporate all managed recreation opportunities into its regular6 operations and management, including use of its reservation system and7 concessionaires or vendors.8 58-1605. MANAGED RECREATION PLAN. (1) The departments shall develop a9 managed recreation plan after identifying endowment land suitable for a man-10 aged recreation opportunity.11 (2) The management plan shall include, at a minimum:12 (a) An explanation of the recreation opportunity sought to be developed13 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; and16 (c) Site-specific terms for the managed recreation opportunity that17 may include provisions governing use, construction, maintenance, oper-18 ation, marketing, funding, revenue distribution, and other such terms19 as the boards may deem necessary for the respective managed recreation20 opportunity.21 (3) Once a managed recreation plan is completed, the departments shall22 present the plan to their respective board for review and approval. The plan23 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 an27 amount equal to the fair market value for a similar recreation op-28 portunity on the specific area of endowment land sought to be used29 for the managed recreation opportunity; and30 (ii) The managed recreation opportunity will not actually and31 substantially interfere with, harm, or impede any bona fide right32 or valid, existing right that precedes the use of the land for a33 managed recreation opportunity, unless written consent of the af-34 fected right-holder is obtained and presented to the board; and35 (b) The park and recreation board if it finds that:36 (i) The managed recreation opportunity aligns with its strategic37 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; and40 (ii) The managed recreation opportunity will not actually and41 substantially interfere with, harm, or impede any bona fide right42 or valid, existing right that precedes the use of the land for a43 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 shall46 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 granted1 to them pursuant to Idaho law to develop a managed recreation opportunity or2 associated plan or to otherwise effectuate the provisions of this chapter.3 58-1606. REVENUE GENERATION AND DISTRIBUTION. (1) For each managed4 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 similar6 recreation opportunity on the specific area of endowment land sought to7 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 endowment11 beneficiaries and with the provisions of this chapter.12 (c) The IDL fee may be periodically reviewed and adjusted as the board13 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 consult15 with the park and recreation board and shall attempt to adjust the fee to16 a mutually agreeable amount but does not need the park board's consent17 prior to adjusting the IDL fee.18 (2) The department of parks and recreation shall remit all IDL fees to19 the department of lands at the end of each fiscal year for deposit into the20 earnings reserve fund of the respective endowment beneficiary for which the21 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; and32 (b) Section 67-7106(1)(c), Idaho Code, for snowmobile opportunities33 and related facilities and management.34 (5) Any proceeds from the operation of a managed recreation opportunity35 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 with38 such other moneys as may be provided by legislative appropriation to further39 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 for44 their work effectuating the provisions of this chapter.45 (c) The remaining proceeds may be used by the department of parks and46 recreation to cover the costs of developing, designing, constructing,47 implementing, maintaining, managing, and operating managed recreation48

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 or4 uses other than a managed recreation opportunity; or5 (ii) Expenses incurred to manage lands under the direction or con-6 trol of the department of parks and recreation for purposes or uses7 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 the10 end of each fiscal year shall be transferred by the state treasurer to the de-11 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 in14 section 67-4225, Idaho Code; and15 (b) Fifty percent (50%), along with any interest collected on such mon-16 eys, shall be deposited in the earnings reserve fund of the respective17 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 of20 each year, beginning in 2027, the directors of the department of lands and21 department of parks and recreation shall jointly prepare and submit to the22 governor and the legislature an annual report concerning endowment lands23 used for managed recreation opportunities and the departments' performance24 administering such lands, the managed recreation opportunities associated25 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 leases28 that are categorized for recreation purposes, including the total29 acreage under such lease, the lease terms, and the revenue generated30 thereunder;31 (b) Provide the inventory of endowment lands required to be kept by this32 chapter and an overview of potential future managed recreation opportu-33 nities, including total acreage, recreation opportunity, and potential34 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, or40 anticipated distribution, to the endowment beneficiaries; and41 (iii) The total expenditures related to that managed recreation42 opportunity;43 (d) Provide an overview of the total proceeds generated by all managed44 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 for1 the preceding fiscal year, including budgetary expenditures, staffing,2 and progress toward mutually planned strategic milestones; and3 (f) Be made publicly available on the respective departments' official4 websites.5 (3) The department of lands may request for its accounting purposes, no6 more frequently than once per fiscal quarter, and the department of parks and7 recreation shall provide, within ten (10) business days of receiving such8 request in writing, an accurate report containing the information required9 by subsection (2)(c) and (d) of this section.10 58-1608. APPLICABILITY. Nothing in this chapter shall be construed to11 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 otherwise16 transferred to the department of parks and recreation only pursuant to a sale17 or exchange made in accordance with applicable law.18

SECTION 2. An emergency existing therefor, which emergency is hereby19 declared to exist, this act shall be in full force and effect on and after20 July 1, 2026.21