Public lands proposal seeks to shift stewardship away from long-term return

BOISE — A constitutional amendment introduced before the House State Affairs Committee on Wednesday seeks to adjust the management of state endowment and public lands in Idaho. 

The amendment resolution presented by Rep. Britt Raybould, R-Rexburg, seeks to shift away from existing language in the Idaho State Constitution that specifies state-owned endowment lands and public lands be managed to “secure the maximum long-term financial return” of its public beneficiaries, which include public institutions such as the Idaho State Department of Education and the University of Idaho. 

“Under current land management practices, the landlord has a fiduciary responsibility to approach its land management with the intent of generating this maximum financial return,” Raybould said. “What I propose in this amendment is a change in direction for the future benefit of the state.” 

The new language states “priority of use” for these lands be given first to revenue-generating activities, followed by efforts to preserve and promote the land’s recreational opportunities. 

The sale of these lands can take place so long as the revenue-generating activities and public access will “be prioritized over the sale or exchange of such lands,” and the lands are not sold for less than their appraised price, the latter of which is already part of the Idaho State Constitution. 

Raybould said the change intends to “reduce the stress” on the state when it considers selling or exchanging endowment or public lands. She added a provision stating that the sale of these lands applies only if it demonstrates that the land either cannot generate revenue or lacks value from a public access or public recreation standpoint. 

The amendment also directs the Legislature to create a new dedicated fund to hold revenues generated from the “use, sale or exchange” of new public lands and direct these funds toward the maintenance and operation of public lands.

It notably differs from a separate effort spearheaded by Sen. Ben Adams, R-Nampa, who has proposed his own amendment to the Idaho State Constitution. A revised proposal introduced by Adams on Wednesday maintains the thrust of the prior version, which will bar the state from selling future public land acquired from the federal government. While Adams’ proposal applies to land yet to be acquired by the state, Raybould’s proposal would impact public land already under state stewardship.

Rep. Anne Henderson Haws, D-Boise, said she was concerned whether Raybould’s amendment could motivate the Legislature to use these lands to fix a future revenue problem. If a large tract of public land were devastated by a forest fire or other disaster, there could be an incentive to sell the land rather than wait for the land’s capacity for revenue generation or recreational opportunity to return. The only protection against that from happening is “cooler heads may prevail,” she said. 

Raybould noted that the existing public lands system already has this “weak point,” as the Land Board, which conducts auctions for endowment land, could have a different composition and philosophy in the years ahead, depending on who serves on the board.

“There are no protections in place now to prevent the thing that you are talking about,” Raybould said. 

Although the committee voted to introduce the resolution on Wednesday, several layers of approval are required before it can be adopted into the Idaho State Constitution.  

Following public hearings, it would require an affirmative vote from two-thirds of both the Idaho House of Representatives and the Idaho Senate. If approved by both bodies this session, it will be placed on the ballot for Idaho voters to decide in the 2026 election, where it requires a simple majority to pass.