Proposes an amendment to the state constitution to establish provisions for the management of certain lands granted or acquired from the federal government.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE JOINT RESOLUTION NO. 103 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 TRUST LANDS; 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. (1) 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 such lands shall be sold for less than the appraised price.18 No law shall ever be passed by the legislature granting any privi-19 leges to persons who may have settled upon any such public granted20 or acquired lands, subsequent to the survey thereof by the general21 government, by which the amount to be derived by the sale, or other22 disposition of such lands, shall be diminished, directly or indi-23 rectly. The legislature shall, at the earliest practicable period,24 provide by law that the general grants of land made by congress to25 the state upon statehood shall be judiciously located and carefully26 preserved and held in trust, subject to disposal at public auction27 for the use and benefit of the respective object for which said28 grants of land were made, and the legislature shall provide for the29 sale of said such lands from time to time and for the sale of timber30 on all state lands and for the faithful application of the proceeds31 thereof in accordance with the terms of said grants; provided, that32 not to exceed one hundred sections of state lands shall be sold in33 any one year, and to be sold in subdivisions of not to exceed three34 hundred and twenty acres of land to any one individual, company or35 corporation. The legislature shall have power to authorize the36 state board of land commissioners to exchange granted or acquired37 lands of the state on an equal value basis for other lands under38 agreement with the United States, local units of government, corpo-39 rations, companies, individuals, or combinations thereof.40 (2) Excluding lands granted pursuant to subsection (1) of this41 section, lands acquired by the exchanging of lands granted pursuant42

2 to subsection (1) of this section, and lands purchased with mon-1 eys derived from the sale of lands granted pursuant to subsection2 (1) of this section, all other lands granted to or acquired by the3 state by or from the general government shall be held in a separate4 trust as public lands of the state of Idaho. The trust shall re-5 main inviolable and intact for this and future generations. Such6 lands shall not be sold. Such lands may be exchanged for other lands7 with two-thirds approval of the legislature. The state board of8 land commissioners may lease such lands under such regulations as9 may be prescribed by law. The state board of land commissioners10 shall manage such lands by employing best management practices to11 achieve a harmonious and coordinated management of the various re-12 sources, each with the other, that avoids permanent impairment to13 the land, ensures the development and utilization of the land and14 its resources occurs in a manner that conserves existing and future15 uses of the land, preserves valid existing rights, allows for the16 acquisition of new rights, and is in accordance with state law. The17 state board of land commissioners shall coordinate management with18 agencies of the state to promote public recreation, scenic values,19 watershed quality, and wildlife habitat and to further effectuate20 the purposes of this trust. Revenue derived from such lands and21 such other moneys that may be provided by legislative appropriation22 shall be placed in a permanent designated fund, which is hereby cre-23 ated in the state treasury, that shall be known as the public lands24 trust fund, the proceeds of which shall be annually appropriated25 by the legislature first to support operating and maintaining such26 lands and then: to compensate counties for lands within the coun-27 ties' boundaries that are held in the public lands trust; to improve28 and increase public use and access; and to support primary and sec-29 ondary public educational facilities.30

SECTION 2. The question to be submitted to the electors of the State of31 Idaho at the next general election shall be as follows:32 "Shall Section 8, Article IX of the Constitution of the State of Idaho33 be amended to provide that certain lands granted or acquired from the federal34 government shall never be sold and shall be placed in a trust to be managed35 for the benefit of the people of Idaho?"36

SECTION 3. The Legislative Council is directed to prepare the state-37 ments required by Section 67-453, Idaho Code, and file the same.38

SECTION 4. The Secretary of State is hereby directed to publish this39 proposed constitutional amendment and arguments as required by law.40