HJR0102026 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

STATEMENT OF PURPOSE

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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, including but not limited to timber sales, mining, and grazing, followed by public access for recreation, hunting, fishing, and trapping. The amendment continues to allow the sale or exchange of these lands while reducing pressure on the state to sell them solely because of their high value. 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 the Endowment’s beneficiaries.

FISCAL NOTE

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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.

BILL TEXT

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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE JOINT RESOLUTION NO. 10 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 PUBLIC LANDS. It10 shall be the duty of the state board of land commissioners to pro-11 vide for the location, protection, sale, or rental of all the lands12 heretofore, or which may hereafter be granted to or acquired by the13 state by or from the general government, under such regulations14 as may be prescribed by law, and in such manner as will secure the15 maximum long term financial return to the institution to which16 granted or to the state if not specifically granted; provided, that17 no state lands shall. Priority of use shall be given first to rev-18 enue-generating activities on or from such lands, including but not19 limited to timber sales, mining, and grazing, followed by preserv-20 ing and promoting the public's access to recreate, hunt, fish, and21 trap on such lands. Public access shall not be denied as long as22 such recreation, hunting, fishing, and trapping activities do not23 impede contracted revenue-generating activities. Revenue-gener-24 ating activities and public access on such lands shall be subject25 to such limitations as may be prescribed by law and shall be prior-26 itized over the sale or exchange of such lands. Such lands shall27 not be sold for less than the appraised price. No law shall ever28 be passed by the legislature granting any privileges to persons29 who may have settled upon any such public lands, subsequent to the30 survey thereof by the general government, by which the amount to be31 derived by the sale, or other disposition of such lands, shall be32 diminished, directly or indirectly. The legislature shall, at the33 earliest practicable period, provide by law that the general grants34 of land made by congress to the state shall be judiciously located35 and carefully preserved and held in trust, subject to disposal at36 public auction for the use and benefit of the respective object for37 which said grants of land were made, and the legislature shall pro-38 vide for the sale of said lands from time to time and for the sale of39 timber on all state lands and for the faithful application of the40 proceeds thereof in accordance with the terms of said grants; pro-41 vided, that not to exceed one hundred sections of state lands shall42

2 be sold in any one year, and to be sold in subdivisions of not to1 exceed three hundred and twenty acres of land to any one individual,2 company or corporation. The legislature shall have power to autho-3 rize the state board of land commissioners to exchange granted or4 acquired lands of the state on an equal value basis for other lands5 under agreement with the United States, local units of government,6 corporations, companies, individuals, or combinations thereof.7 Lands acquired from an exchange shall be managed for the benefit of8 the respective purpose for which the original lands were granted or9 acquired.10

SECTION 2. The question to be submitted to the electors of the State of11 Idaho at the next general election shall be as follows:12 "Shall Section 8, Article IX of the Constitution of the State of Idaho13 be amended to provide that state lands be managed for ongoing revenue genera-14 tion followed by public access?".15

SECTION 3. The Legislative Council is directed to prepare the state-16 ments required by Section 67-453, Idaho Code, and file the same.17

SECTION 4. The Secretary of State is hereby directed to publish this18 proposed constitutional amendment and arguments as required by law.19