Amends, repeals, and adds to existing law to merge the Office of Species Conservation and the Office of Energy and Mineral Resources.

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 ACT1 RELATING TO THE OFFICE OF SPECIES, MINERALS, AND ENERGY COORDINATION; RE-2 PEALING SECTION 67-818, IDAHO CODE, RELATING TO THE COORDINATION OF3 POLICY AND PROGRAMS RELATED TO THREATENED OR ENDANGERED SPECIES IN4 IDAHO; AMENDING CHAPTER 8, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW5 SECTION 67-818, IDAHO CODE, TO ESTABLISH THE OFFICE OF SPECIES, MINER-6 ALS, AND ENERGY COORDINATION; AMENDING SECTION 67-819, IDAHO CODE, TO7 REVISE PROVISIONS REGARDING THE SPECIES CONSERVATION FUND AND TO RENAME8 THE FUND; AMENDING SECTION 22-5501, IDAHO CODE, TO PROVIDE FOR THE OF-9 FICE OF SPECIES, MINERALS, AND ENERGY COORDINATION; AMENDING SECTION10 36-715, IDAHO CODE, TO PROVIDE FOR THE OFFICE OF SPECIES, MINERALS, AND11 ENERGY COORDINATION; AMENDING SECTION 36-1121, IDAHO CODE, TO PROVIDE12 FOR THE OFFICE OF SPECIES, MINERALS, AND ENERGY COORDINATION; AMENDING13 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 OF17 SPECIES, MINERALS, AND ENERGY COORDINATION; AMENDING SECTION 42-251,18 IDAHO CODE, TO PROVIDE FOR THE OFFICE OF SPECIES, MINERALS, AND ENERGY19 COORDINATION; AMENDING SECTION 47-1706, IDAHO CODE, TO PROVIDE FOR THE20 OFFICE OF SPECIES, MINERALS, AND ENERGY COORDINATION; AMENDING SECTION21 57-1306, IDAHO CODE, TO PROVIDE FOR THE OFFICE OF SPECIES, MINERALS, AND22 ENERGY COORDINATION; AMENDING SECTION 67-826, IDAHO CODE, TO PROVIDE23 FOR THE OFFICE OF SPECIES, MINERALS, AND ENERGY COORDINATION; AMENDING24 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 OF28 SPECIES, MINERALS, AND ENERGY COORDINATION; AND DECLARING AN EMERGENCY29 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 hereby32 repealed.33

SECTION 2. That Chapter 8, Title 67, Idaho Code, be, and the same is34 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 conservation39 of endangered, threatened, rare, declining, and candidate species40 by working with willing landowners, state agencies, and federal41

2 agencies to cooperatively and voluntarily preserve and protect1 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 the4 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 defense8 and economy and are necessary to advance technology and the modern9 lifestyle;10 (iii) Idaho is a recognized national leader in research, develop-11 ment, and deployment of advanced nuclear technology and is home to12 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; and17 (v) Coordinated and consolidated advancement in species con-18 servation and energy and mineral development within the state of19 Idaho is necessary to reduce regulatory burden, streamline state20 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 by25 executive order, and the office of species conservation, an entity for-26 mally established by statute, into a single administrative office that27 advances Idaho's natural resource priorities, facilitates federal and28 state permitting processes and coordination between federal and state29 agencies, and ensures prompt review and timely decision-making in com-30 pliance with all applicable federal and state laws. This merger does31 not create a new regulatory agency nor establish any additional layers32 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 agencies37 deemed relevant and appropriate by the administrator.38 (c) "Clean energy resource" has the same meaning as provided by section39 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 or1 wildlife or plants, and any distinct population segment of any species2 of vertebrate fish or wildlife that interbreeds when mature, and the3 habitat thereof that is listed as endangered or threatened pursuant to4 the endangered species act, is petitioned to be a listed species or is5 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 section7 36-2401, Idaho Code.8 (3) There is hereby created in the office of the governor the office of9 species, minerals, and energy coordination. The administrator of the office10 shall be appointed by, and serve at the pleasure of, the governor and shall be11 subject to confirmation by the senate.12 (4) The administrator shall:13 (a) Be the official in the state designated to oversee implementation14 of federal recovery plans, as provided in 16 U.S.C. 1533(f);15 (b) Oversee and coordinate the state's energy, mineral, and species16 planning;17 (c) Coordinate statewide response to federal natural resource-related18 projects and activities that are proposed to occur in the state; and19 (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-related24 projects that are subject to federal environmental laws and regula-25 tions;26 (c) Design, implement, and facilitate a coordinated permitting process27 that will improve transparency, predictability, and timeliness for28 natural resource-related projects;29 (d) Assist with state and federal natural resource-related permit30 process coordination;31 (e) Ensure state and federal agencies, departments, and divisions are32 adhering to statutory time frames applicable to issuance of permits or33 other natural resource-related project documents, processes, and deci-34 sions and take appropriate action when such state or federal entity is35 refusing to act;36 (f) Notify the appropriate state agency of proposed natural re-37 source-related projects and lead coordination of state comments on38 proposed natural resource-related projects or activities within the39 state;40 (g) Provide input, comment, and assistance to federal, state, and41 tribal governments, agencies, and divisions on natural resource is-42 sues;43 (h) Participate in regional efforts to cooperatively address species44 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 relevant3 efforts;4 (iii) With the various state departments and divisions that have5 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 and8 local governments in the state; and9 (v) The state's energy, mineral, and species planning with appro-10 priate state agencies;11 (j) Advise the governor, the legislature, and other public officials12 on:13 (i) The state's energy requirements, supply, transmission, man-14 agement, efficiency, conservation, and permitting processes and15 on other relevant efforts;16 (ii) Mineral exploration, production, planning, and permitting17 processes and other relevant efforts within the state; and18 (iii) Issues regarding species.19 (k) Ensure federal land management plans, policies, and projects align20 with state natural resource-related plans, policies, and projects and21 coordinate with appropriate agencies to resolve inconsistencies;22 (l) Develop and implement state conservation plans, assessments, and23 strategies for species in the state of Idaho;24 (m) Serve as a repository for agreements and plans among governmental25 entities in the state of Idaho for the conservation of species;26 (n) Provide the people of the state of Idaho with an ombudsman who27 can listen to citizens being harmed or hindered by the regulations of28 the endangered species act and direct them to the appropriate state29 or federal agency or speak on their behalf, as deemed appropriate by30 the ombudsman, to address issues or concerns related to the endangered31 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; and35 (p) Cooperate, consult, and enter into agreements or contracts as is36 necessary or appropriate to carry out the provisions of this section.37 (5) State management plans developed pursuant to this section shall be38 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 any41 species onto lands within the state or into state waters, including those42 actions that would impair or impede the state's primacy over its natural43 resources, without state consultation and approval is against the policy of44 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 water47 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 shall1 not alter any existing authorities of state agencies established by2 state law.3 (b) Nothing in this section shall be construed to provide or imply any4 regulatory authority by the office over activities that are subject to5 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 hereby11 amended to read as follows:12 67-819. FUNDING -- ACCOUNT CREATED. (1) The governor's office of13 species conservation species, minerals, and energy coordination may accept14 private contributions, federal funds, funds from other public agencies or15 any other source. The moneys shall be used solely for the purposes provided16 in section 67-818, Idaho Code, and be expended and accounted for as provided17 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 coordination22 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 hereby24 amended to read as follows:25 22-5501. IDAHO DEPREDATING WILDLIFE APPEALS BOARD. (1) There is26 hereby created the Idaho depredating wildlife appeals board in the office27 of the governor. The purpose of the board is to provide an appeal option for28 individuals who have suffered losses or damages from depredating wildlife29 but received a determination that such depredation could not be confirmed30 following the initial investigation. For purposes of this section, depre-31 dating wildlife includes grizzly bears, black bears, mountain lions, and32 wolves. The Idaho state department of agriculture, in consultation with33 the department of fish and game, is authorized to carry out the purposes of34 this section. The Idaho depredating wildlife appeals board shall consist of35 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; and41 (c) A large animal veterinarian appointed by the governor.42 (2) The office of species conservation office of species, minerals, and43 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; and8 (i) Expert analysis.9 (4) The board shall make a ruling based on submitted evidence and, if10 justified, amend the original determination based on a majority vote of the11 board. The decision of the board shall be final and binding for the purpose12 of receiving compensation for depredation.13 (5) Any ruling made by the Idaho depredating wildlife appeals board of14 confirmed depredation shall be counted toward official counts of depreda-15 tion incidents.16 (6) The board shall be considered a state authorized investigator but17 shall only serve as an appeal to the initial investigation.18 (7) Meetings of the board shall not be subject to the provisions of19 chapter 2, title 74, Idaho Code.20 (8) Initial investigators of depredation incidents from depredating21 wildlife shall inform individuals of their right to appeal any ruling to the22 Idaho depredating wildlife appeals board in writing.23

SECTION 5. That Section 36-715, Idaho Code, be, and the same is hereby24 amended to read as follows:25 36-715. WOLVES -- TRANSITION -- AUTHORITIES AND DUTIES OF THE OFFICE26 OF SPECIES CONSERVATION SPECIES, MINERALS, AND ENERGY COORDINATION -- FISH27 AND GAME COMMISSION -- DEPARTMENT OF FISH AND GAME. (1) During the transi-28 tion from federal management of wolves to state management, the governor's29 office of species conservation species, minerals, and energy coordination30 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 an33 orderly transition to state management of wolves pursuant to the provisions34 of the Idaho wolf conservation and management plan. This transition shall be35 implemented through new or existing cooperative agreements with any agency,36 department or entity of the United States government or any state agencies as37 authorized by the Idaho wolf conservation and management plan.38 (2) The office of species conservation species, minerals, and energy39 coordination, and the commission through the department, are authorized to40 participate in activities regarding nuisance wolves, and are allowed to meet41 and confer with state, local and federal agencies, departments or entities42 or federally recognized Indian tribes to discuss monitoring wolf recovery43 programs. Additionally, the office of species conservation species, miner-44 als, and energy coordination, and the commission through the department, may45 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 regarding1 wolves in this state.2 (3) The office of species conservation species, minerals, and energy3 coordination, in conjunction with the department, shall prepare and sub-4 mit an annual report to the senate resources and environment committee and5 the house resources and conservation committee on the implementation and6 progress of the Idaho wolf conservation and management plan. Such report7 shall document gray wolf effects upon wildlife, depredation on domestic8 livestock, and any other subject matter as deemed appropriate and requested9 in writing by the chairman of the senate resources and environment committee10 or the chairman of the house resources and conservation committee, or any11 member of the legislature.12 (4) The office of species conservation species, minerals, and energy13 coordination, in conjunction with the department, is authorized to develop14 and coordinate wolf management plans with state agency officials of the15 states of Wyoming and Montana.16 (5) In implementing the wolf conservation and management plan, the17 office of species conservation species, minerals, and energy coordination,18 and the commission through the department, shall consult with local units of19 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 department22 may consult with federal entities and shall coordinate with state and local23 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 delisting26 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 hereby29 amended to read as follows:30 36-1121. LIVESTOCK DEPREDATION BY GRIZZLY BEAR AND WOLVES. (1) It is31 the intent of the legislature to provide compensation to livestock owners32 that have experienced depredation of livestock by grizzly bear and wolves.33 (2) The Idaho state department of agriculture, in consultation with the34 department of fish and game and the office of species conservation species,35 minerals, and energy coordination, is authorized to carry out the purposes36 of this section and has spending authority for compensation pursuant to this37 section to the extent of legislative appropriation. The depredation of38 livestock and prevention fund is hereby established in the state treasury.39 All expenditures from the fund will be paid according to rules promulgated40 by the Idaho state department of agriculture. Beginning on July 1, 2024,41 and each July 1 thereafter, the legislature shall appropriate two hundred42 twenty-five thousand dollars ($225,000) annually to the fund. One hundred43 fifty thousand dollars ($150,000) of that amount shall be used annually to44 compensate confirmed claims for depredation, and seventy-five thousand45 dollars ($75,000) of that amount shall be used annually for conflict preven-46 tion and the provision of information regarding deterrents that have proven47 effective as determined pursuant to rule as promulgated by the Idaho state48 department of agriculture. All claims shall be made to the office of species49

8 conservation species, minerals, and energy coordination on or before De-1 cember 31 of each year. Confirmed claims for depredation shall be paid on2 a pro rata basis in the event moneys in the fund are insufficient to pay all3 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 paid5 to those livestock owners with probable claims for depredation on a pro rata6 basis in the event moneys in the fund are insufficient to pay all probable7 claims in full, until such moneys in the fund are depleted. Any moneys in8 the fund after payment of claims deemed probable shall then be paid to those9 livestock owners with claims reviewed and deemed possible on a pro rata basis10 in the event moneys in the fund are insufficient to pay all possible claims11 in full, until such moneys in the fund are depleted. Any moneys in the fund12 after possible depredation claims are paid shall be carried over to the next13 calendar year. Interest accruing on moneys in the fund shall be retained in14 the fund. Moneys shall be continuously appropriated to the fund, but the15 fund shall not exceed four hundred thousand dollars ($400,000).16 (3) Compensation for claims confirmed or deemed probable or possible17 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 owner19 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 the23 production of food, fiber, feed, or other agriculture-based consumer prod-24 ucts, domesticated game, or other nonplant life; such term shall not include25 aquatic animals.26

SECTION 7. That Section 36-2402, Idaho Code, be, and the same is hereby27 amended to read as follows:28 36-2402. DELISTING ADVISORY TEAM -- DUTIES -- MEMBERSHIP. (1) The29 director of the department of fish and game for animal species and plant30 species, in cooperation and consultation with the governor's office of31 species conservation species, minerals, and energy coordination, may estab-32 lish a delisting advisory team (DAT) of no more than nine (9) members for a33 threatened species or endangered species, to recommend an appropriate state34 species management plan for a listed species in response to a notification35 from the secretary of interior or secretary of commerce of intent to delist36 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 management39 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 a46 species' habitat requirements or management and human activities;47 (c) Their knowledge and expertise in the interests that may be affected48 by species management or conservation; or49

9 (d) Other factors that may provide knowledge, information, or data that1 will further the intent of this act.2

SECTION 8. That Section 36-2403, Idaho Code, be, and the same is hereby3 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 team6 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 of10 the governor's office of species conservation species, minerals, and energy11 coordination. Their department or division shall compensate its members of12 the team who are state employees.13

SECTION 9. That Section 36-2405, Idaho Code, be, and the same is hereby14 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 department17 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 either20 approval of the management plan, or recommend to return the management plan21 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 delisted26 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 the29 state of Idaho, the fish and game commission shall approve the management30 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 the33 state management plan, to the governor's office of species conservation34 species, minerals, and energy coordination and the legislature. The man-35 agement plan is subject to legislative approval, amendment or rejection by36 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 implemented44 in cooperation with other appropriate bureaus of the department of fish and45 game.46

10 (7) Nothing in this act shall be interpreted as granting the department1 of fish and game with new or additional authority.2

SECTION 10. That Section 42-251, Idaho Code, be, and the same is hereby3 amended to read as follows:4 42-251. APPROPRIATION OF UNAPPROPRIATED FLOWS FOR LEMHI BASIN STREAM5 FLOW MAINTENANCE -- LEGISLATIVE FINDINGS OF FACT CONCERNING HISTORIC USE OF6 HIGH FLOWS IN THE LEMHI RIVER BASIN AND NEED FOR PROTECTION AND EFFECTIVE7 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 spring10 developed as a way of holding water underground within the basin, which11 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 diverting14 "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 amount16 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 established18 pursuant to statutory procedures of the state of Idaho." Proposed Find-19 ings of Water Rights, In the Matter of the General Determination of20 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 conclusion23 of law stating the practice "of diverting so called 'high waters or24 flood waters' in addition to the quantified rights as described in the25 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 existing28 quantified rights (including future appropriations of water) are first29 satisfied."30 (c) Based on the conclusions of law in the Lemhi Basin Decree, many31 Lemhi Basin irrigators filed claims in the Snake River Basin Adjudica-32 tion (SRBA) seeking water rights for their historic "high water or flood33 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 high36 flow claimants from seeking to establish high flow water rights in the37 SRBA as a matter of law." Memorandum Decision and Order on Challenge at38 11, Subcase Nos. 74-15051, In re SRBA Case No. 39576. Although the SRBA39 Court disallowed the high flow claims, it reaffirmed the Lemhi Basin De-40 cree conclusion of law regarding "high water or flood water" use through41 its Partial Decree pursuant to I.R.C.P. 54(b) of the Basin 74 High Flow42 General Provision (Basin 74 General Provision). Basin 74 General Pro-43 vision provides: "The following general provision shall govern the use44 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 to46 diverting decreed and future water rights that may be established pur-47 suant to statutory procedures of the State of Idaho, is allowed provided48

11 (a) the waters so diverted are applied to beneficial use. (b) existing1 decreed rights and future appropriations of water are first satisfied."2 (e) Since the early 1990s Lemhi irrigators, with the assistance of3 state agencies, have led an effort to protect and enhance salmon runs in4 the Lemhi River Basin, including but not limited to providing passage5 flows for salmon, screening diversion works and implementing habitat6 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 in9 the Lemhi River Basin while protecting private property rights and pre-10 serving and enhancing the farming and ranching lifestyle and economy of11 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 authorized14 the Idaho Water Resource Board to appropriate a minimum stream flow in15 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 actions17 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 7422 General Provision and persons desiring to appropriate high flow for new23 uses.24 (i) The legislature finds (1) that the use of Lemhi River Basin high25 flow for holding water underground to augment the natural flow of the26 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 the28 appropriation process the entitlements to divert and use high flows un-29 der the Basin 74 General Provision for efficient administration of such30 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 for33 in this section are based upon the historic practice recognized by the34 Basin 74 High Flow General Provision, and therefore, are not intended to35 nor shall be construed as establishing a precedent for issuance of any36 future water rights in the State of Idaho.37 (2) Stream Flow Maintenance Applications. Lemhi irrigators who hold38 irrigation water rights decreed in the SRBA, and claim authority to divert39 and use Lemhi Basin high flows for stream flow maintenance pursuant to the40 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 water42 right on or before July 1, 2024. The application shall be upon forms provided43 by the department. The department shall process the application as provided44 in section 42-203A, Idaho Code.45 (3) Quantity of Right. The quantity of a stream flow maintenance water46 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, but48 not to exceed the ditch capacity of the decreed irrigation water rights on49 August 25, 2014.50

12 (4) Proof of Beneficial Use. The department may consider as part of its1 beneficial use examination for licensing of a permit under this section a2 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, Idaho7 Department of Fish and Game, Idaho Office of Species Conservation Species,8 Minerals, and Energy Coordination, and Various Lemhi Water Users, including9 but not limited to the following conditions:10 (a) Regardless of their priority dates, stream flow maintenance wa-11 ter rights shall include a condition requiring them to cease diversion12 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 to15 stream flow maintenance water rights created under this section that16 divert from a common source shall be distributed proportionately among17 the stream flow maintenance water rights diverting from the common18 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 Conservation21 Species, Minerals, and Energy Coordination, and Various Lemhi Water22 Users. For purposes of this section each tributary administered as a23 separate source pursuant to the SRBA Basin 74 Separate Streams General24 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 Streams26 General Provision are a common source.27 (6) Notice - How Given - Requirements. To ensure all persons claiming28 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 as31 follows:32 (a) By regular mail upon all persons within Idaho department of water33 resources Administrative Basin 74 who currently own an irrigation water34 right decreed in the SRBA a notice in writing of the existence of this35 section;36 (b) By publishing a notice in writing in a prominent and conspicuous37 place in at least one (1) newspaper of general circulation in Lemhi38 County, for at least one (1) day a month for three (3) consecutive39 months;40 (c) By posting a written notice, with the cooperation of the Lemhi41 County commission, in a prominent and conspicuous location in the Lemhi42 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 of45 one (1) or more statements of taxes due issued in 2023; and46 (e) By such other means the director of the department in his discretion47 determines will carry out the purposes of this section.48

SECTION 11. That Section 47-1706, Idaho Code, be, and the same is hereby49 amended to read as follows:50

13 47-1706. DUTIES AND POWERS OF BOARD. In addition to the other duties1 and powers of the board prescribed by law, the board is granted and shall be2 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 on5 federal lands shall be completed only upon consent of the federal agency re-6 sponsible for the administration of those lands. Reclamation activities may7 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;11 (d) The planting of land adversely affected by past mining to prevent12 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; and16 (g) Such other reclamation activities as may be necessary to accomplish17 the purposes of this act.18 (2) To administer and enforce the provisions of this act and the rules19 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 in22 carrying out the provisions of this act. In carrying out the activities23 authorized in this section, the board may enter into contracts with and make24 grants to institutions, agencies, organizations, and individuals, and shall25 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 intent28 and purposes of this act. All such rules shall be adopted in accordance with29 and subject to the provisions of chapter 52, title 67, Idaho Code.30 (5) To enter upon eligible mines and affected lands at reasonable31 times, for inspection purposes and to determine whether the provisions of32 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 or34 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 shall37 be nominated by the governor and approved by the board. The committee shall38 consist of:39 (a) One (1) representative from the Idaho department of environmental40 quality;41 (b) One (1) representative from the governor's office of energy and42 mineral resources species, minerals, and energy coordination;43 (c) One (1) representative who is a county commissioner from a county44 with active mines;45 (d) One (1) representative representing conservation interests; and46 (e) Three (3) representatives from mining organizations or companies47 who are actively mining within the state of Idaho.48

SECTION 12. That Section 57-1306, Idaho Code, be, and the same is hereby49 amended to read as follows:50

14 57-1306. IMPACT FUNDS.1 (1)(a) Upon receipt of any moneys from the federal government from2 sales, royalties, bonuses or rentals of oil, gas or mineral lands of the3 federal government, the state treasurer shall remit ten percent (10%)4 of such receipts to the general fund of the several counties from which5 the resources were extracted. The state treasurer shall compute a par-6 ticular county's share of such receipts by computing the proportion of7 the moneys generated by sales, royalties, bonuses or rentals of federal8 lands situated within that particular county to the total of moneys9 received from the federal government from sales, royalties, bonuses10 or rentals of all oil, gas or mineral lands of the federal government11 within the state of Idaho for the same period. The moneys remitted to12 the various counties according to the provisions of this section shall13 be used for the construction and maintenance of public roads or for the14 support of public schools.15 (b) The remaining ninety percent (90%) of any moneys received from the16 federal government from sales, royalties, bonuses or rentals of oil,17 gas or mineral lands of the federal government shall be deposited into18 the public school income fund, pursuant to the provisions of section19 33-903, Idaho Code.20 (2)(a) The state treasurer shall remit ten percent (10%) of any moneys21 received from the sale, royalties, bonuses or rental of renewable en-22 ergy resources on lands of the federal government to the general fund of23 the several counties from which the resources were developed. The state24 treasurer shall compute a particular county's share of such receipts by25 computing the proportion of the moneys generated by sales, royalties,26 bonuses or rentals of federal lands situated within that particular27 county to the total of moneys received from the federal government from28 sales, royalties, bonuses or rentals of all renewable energy resource29 lands of the federal government within the state of Idaho for the same30 period. The moneys remitted to the various counties according to the31 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 the34 sale, royalties, bonuses or rental of renewable energy resources on35 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 by38 the state treasurer into the renewable energy resources fund, which is39 hereby created. Any interest earned on the investment of idle moneys40 in the renewable energy resources fund shall be returned to the fund.41 Moneys in the renewable energy resources fund may be expended pursuant42 to appropriation and may be used by the administrator of the office of43 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 hereby48 amended to read as follows:49

15 67-826. IDAHO ROADLESS RULE IMPLEMENTATION COMMISSION. (1) There is1 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 policies5 occurring within or affecting "Idaho roadless areas," as defined in 36 CFR6 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 and9 advise on activities related to shared stewardship, good neighbor author-10 ity, forest health, and the protection of communities at risk from wildfire11 within and adjacent to Idaho roadless areas.12 (4) The commission shall coordinate and develop policies related to13 the United States forest service's implementation and interpretation of the14 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 CFR18 294, subpart C.19 (6) The commission shall be supported by the governor's office of20 species conservation species, minerals, and energy coordination. Support21 for the commission shall include but is not limited to working with the22 United States forest service staff to propose and support projects within23 and adjacent to Idaho roadless areas, coordinate commission meetings, and24 other tasks as assigned by the commission or the governor.25 (7) The members of the commission shall be appointed by and serve at26 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 four28 (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 the30 event that more than nine (9) members are appointed, such additional members31 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 vehicle36 users or commercial recreation activities;37 (ii) Represent energy or mineral development interests;38 (iii) Represent the commercial timber industry; or39 (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; or44 (iv) Represent a nationally or regionally recognized wildlife or45 sportsmen's interest group.46 (c) Individuals who:47 (i) Participated in the development of the Idaho roadless rule or48 were members of the roadless area conservation national advisory49 committee;50

16 (ii) Hold state, county, or local elected office;1 (iii) Represent an American Indian tribe within the state of2 Idaho; or3 (iv) Represent the public at large.4 (8) There shall be a chairman and a vice chairman of the commission5 elected by a majority of the members of the commission. A majority of the6 commissioners shall constitute a quorum.7 (9) The commission meetings shall, if determined warranted, be held8 semiannually or at other times upon the call of the chairman or a majority of9 the commission.10 (10) The commission shall prepare and submit an annual report, on or be-11 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 hereby16 amended to read as follows:17 67-5303. APPLICATION TO STATE EMPLOYEES. All departments of the state18 of Idaho and all employees in such departments, except those employees19 specifically defined as nonclassified, shall be classified employees who20 are subject to this chapter and to the system of personnel administration21 it prescribes. All nonclassified employees are subject to conformity with22 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 state25 of Idaho elected by popular vote and persons appointed to fill vacancies in26 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 advisory30 boards and councils appointed by the departments.31 (c) All employees and officers in the office, and at the residence, of32 the governor; and all employees and officers in the offices of the lieutenant33 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 for39 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 and43 district courts.44 (h) All employees of the Idaho state bar.45 (i) Assistant attorneys general attached to the office of the attorney46 general.47 (j) Officers, members of the teaching staffs of state higher educa-48 tional institutions, the professional staffs of the office of the state49

17 board of education and the Idaho department of education administered by the1 board of regents and the board of education, all professional staff of the2 public charter school commission, and the professional staffs of the Idaho3 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 by8 the state board who receive an annual salary of not less than step A of the pay9 grade equivalent to three hundred fifty-five (355) Hay points in the state10 compensation schedule. In consultation with the Idaho division of human11 resources, the state board of education shall implement policies and pro-12 cedures for nonclassified employees to conform with section 59-1603, Idaho13 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 created19 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 in25 chapter 35, title 22, Idaho Code; the Idaho apple commission, as provided in26 chapter 36, title 22, Idaho Code; the Idaho cherry commission, as provided in27 chapter 37, title 22, Idaho Code; the Idaho mint commission, as provided in28 chapter 38, title 22, Idaho Code; the Idaho sheep and goat health board, as29 provided in chapter 1, title 25, Idaho Code; the state brand inspector, and30 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; and32 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 service35 of the Idaho department of agriculture, except those positions involved in36 the management of the program.37 (p) All employees of correctional industries within the department of38 correction.39 (q) All deputy administrators and wardens employed by the department of40 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 the1 office of drug policy, and all employees of the office of energy and mineral2 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 the8 Idaho board of medicine.9 (y) All pest survey and detection employees and their supervisors hired10 specifically to carry out activities under the Idaho plant pest act, chapter11 20, title 22, Idaho Code, including but not limited to pest survey, detec-12 tion, and eradication, except those positions involved in the management of13 the program.14 (z) All medical directors employed by the department of health and15 welfare who are engaged in the practice of medicine, as defined by section16 54-1803, Idaho Code, at a state hospital or other treatment facility managed17 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 hereby23 amended to read as follows:24 67-5806. DECLARATION OF EMERGENCY. A disaster emergency, as defined25 in section 46-1002(2) and (3), Idaho Code, is in existence as a result of26 the introduction of Canadian gray wolves, which have caused and continue to27 threaten vast devastation of Idaho's social culture, economy and natural re-28 sources. The geographical extent of this emergency shall include any part29 of the state of Idaho where gray wolves have been sighted and whose sighting30 has been documented or otherwise confirmed by the office of species conser-31 vation species, minerals, and energy coordination or the department of fish32 and game.33

SECTION 16. That Section 67-5807, Idaho Code, be, and the same is hereby34 amended to read as follows:35 67-5807. GOVERNOR -- EXECUTIVE ORDERS. (1) Pursuant to this act, the36 governor may issue executive orders and proclamations and amend or rescind37 such orders and proclamations. Executive orders and proclamations have the38 force and effect of law. A disaster emergency may be declared by executive39 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 disease42 harmful to humans, livestock, pets and wild game and that there is a risk43 of transmission of such disease to humans, livestock, pets or wild game;44 (b) The potential of human-wolf conflict exists and that the Canadian45 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 the1 Canadian gray wolf is frequenting areas that are largely ranchland with2 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 plan5 of 2002, and that there is evidence that increasing the number of wolves6 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 of9 big game animals;10 (e) The numbers of big game animals have been significantly impacted11 below that of recent historical numbers and that there has been a mea-12 surable diminution in the value of businesses tied to outfitting and13 other game or hunting based businesses.14 (2) The executive order or proclamation shall direct the office of15 species conservation species, minerals, and energy coordination to initiate16 emergency proceedings in accordance with section 67-5247, Idaho Code. Any17 person may challenge an action or proposed action of the office of species18 conservation species, minerals, and energy coordination by following the19 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 governor22 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 emergency24 conditions no longer exist. When either or both of these events occur, the25 governor shall terminate the state of disaster emergency by executive order26 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 disaster29 emergency at any time. Thereupon, the governor shall issue an executive30 order or proclamation ending the state of disaster emergency. All executive31 orders or proclamations issued pursuant to this section shall indicate which32 of the conditions in this section exist, the area or areas threatened and the33 actions planned to resolve the issue, including contracting with USDA-APHIS34 wildlife services. An executive order or proclamation shall be disseminated35 promptly by means calculated to bring its contents to the attention of the36 general public and, unless the circumstances attendant upon the disaster37 prevent or impede, be promptly filed with the office of species conservation38 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 each40 county where the state of disaster emergency applies.41

SECTION 17. An emergency existing therefor, which emergency is hereby42 declared to exist, this act shall be in full force and effect on and after43 July 1, 2026.44