TallyIDAHOLegislative Tracker
HJR0082026 Regular Session

Proposes an amendment to the state constitution regarding state-owned lands.

PUBLIC LANDS -- Proposes an amendment to the state constitution regarding state-owned lands.

IntroducedIn CommitteeFloor VoteEnacted

Via committee: State Affairs

▶ Show statement of purpose

The purpose of this Joint Resolution is to amend Article IX, Section 8 of the Idaho Constitution to establish an updated framework for managing state endowment and public lands. The amendment replaces the "maximum long-term financial return" mandate with expanded land management practices that prioritize ongoing revenue generation, followed by public access for recreation, hunting, fishing, and trapping. The amendment continues to allow the sale or exchange of these lands, but reduces pressure on the state to sell them solely because of their high value. The amendment also includes language for adopting similar land management practices if the federal government transfers new public lands to Idaho. Such transfers would be subject to valid and existing rights and obligations. The amendment also supports the recognition of future rights and obligations as identified by state law. This resolution preserves all existing options for timber, mining, and grazing, and remains fully compliant with the Idaho Admissions Act without altering the Land Board’s structure or its beneficiaries.

▶ Show fiscal note

The amendment calls for the legislature to create a new dedicated fund to hold any revenues generated from new public lands for the purpose of maintaining and operating these public lands. There is an estimated cost of up to $300,000 for the Secretary of State to publish proposed constitutional amendments and arguments in a voter's pamphlet as required by law. However, this cost is already accounted for by at least two constitutional amendments (HJR4 and HJR6) that previously qualified for the November 2026 general election ballot.

▶ Show full bill text

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE JOINT RESOLUTION NO. 8 BY STATE AFFAIRS COMMITTEE A JOINT RESOLUTION1 PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IX OF THE CONSTITUTION OF THE2 STATE OF IDAHO, RELATING TO STATE-OWNED LAND; STATING THE QUESTION TO3 BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO4 PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF5 STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.6 Be It Resolved by the Legislature of the State of Idaho:7

SECTION 1. That Section 8, Article IX of the Constitution of the State8 of Idaho be amended to read as follows:9

Section 8. LOCATION AND DISPOSITION OF STATE-OWNED ENDOWMENT10 LANDS AND PUBLIC LANDS. (1) It shall be the duty of the state board11 of land commissioners to provide for the location, protection,12 sale, or rental of all the lands heretofore, or which may hereafter13 be granted to or acquired by the state by or from the general gov-14 ernment upon statehood, under such regulations as may be prescribed15 by law, and in such manner as will secure the maximum long term fi-16 nancial return to the institution to which granted or to the state17 if not specifically granted; provided, that no state lands shall.18 Priority of use shall be given first to revenue-generating activ-19 ities on or from such lands, followed by preserving and promoting20 the public's access to recreate, hunt, fish, and trap on such lands.21 Public access shall not be denied as long as such recreation, hunt-22 ing, fishing, and trapping activities do not impede contracted23 revenue-generating activities. Revenue-generating activities and24 public access on such lands shall be subject to such limitations as25 may be prescribed by law and shall be prioritized over the sale or26 exchange of such lands. Such lands shall not be sold for less than27 the appraised price. No law shall ever be passed by the legislature28 granting any privileges to persons who may have settled upon any29 such public lands, subsequent to the survey thereof by the general30 government, by which the amount to be derived by the sale, or other31 disposition of such lands, shall be diminished, directly or indi-32 rectly. The legislature shall, at the earliest practicable period,33 provide by law that the general grants of land made by congress to34 the state shall be judiciously located and carefully preserved and35 held in trust, subject to disposal at public auction for the use and36 benefit of the respective object for which said grants of land were37 made, and the legislature shall provide for the sale of said lands38 from time to time and for the sale of timber on all state lands and39 for the faithful application of the proceeds thereof in accordance40 with the terms of said grants; provided, that not to exceed one hun-41 dred sections of state lands shall be sold in any one year, and to42

2 be sold in subdivisions of not to exceed three hundred and twenty1 acres of land to any one individual, company or corporation. The2 legislature shall have power to authorize the state board of land3 commissioners to exchange granted or acquired lands of the state on4 an equal value basis for other lands under agreement with the United5 States, local units of government, corporations, companies, indi-6 viduals, or combinations thereof. Lands acquired from an exchange7 shall be managed for the benefit of the respective purpose for which8 the original lands were granted or acquired.9 (2) Any lands granted or acquired from the United States general10 government on or after July 1, 2026, shall be classified as pub-11 lic lands, except lands acquired by exchanging lands originally12 granted or acquired pursuant to subsection (1) of this section with13 any land other than the land granted or acquired pursuant to this14 subsection. Such public lands shall be subject first to valid, ex-15 isting rights and obligations attached to such lands, then subject16 to the management objectives, conditions, and limitations provided17 for in subsection (1) of this section, and then pursuant to such18 rights and obligations as may be prescribed by law. Any funds col-19 lected by the state of Idaho from the use, sale, or exchange of the20 public lands granted pursuant to this subsection shall be deposited21 in a fund created by the state legislature for the purpose of main-22 taining and operating such public lands in Idaho.23

SECTION 2. The question to be submitted to the electors of the State of24 Idaho at the next general election shall be as follows:25 "Shall Section 8, Article IX of the Constitution of the State of Idaho be26 amended to provide that state lands be managed for the beneficial use of the27 beneficiary and public?".28

SECTION 3. The Legislative Council is directed to prepare the state-29 ments required by Section 67-453, Idaho Code, and file the same.30

SECTION 4. The Secretary of State is hereby directed to publish this31 proposed constitutional amendment and arguments as required by law.32

Reported Printed and Referred to State Affairs