Amendment would bar sale of public lands

BOISE — The Senate State Affairs Committee voted to introduce a proposed amendment to the Idaho State Constitution that would bar the state from selling future public land acquisitions from the federal government.

Sen. Ben Adams, R-Nampa, presented his proposal Wednesday following a public outreach campaign to gauge Idahoans' concerns about public lands and to receive feedback on the language in his amendment. With adjustments now implemented, Adams said the original intent remains: ensuring public lands continue to belong to Idahoans.

"I wanted feedback," Adams said. "I wanted a lot of feedback because it dealt with and deals with a very personal matter for every Idahoan, and that is our public land here in Idaho."

To add an amendment to the Idaho State Constitution, it would require an affirmative vote of two-thirds of both the Idaho House of Representatives and the Idaho Senate. If approved by the Legislature this session, it will be on the ballot for Idaho voters in the 2026 election, where it requires a simple majority to pass.

The draft amendment states that public lands acquired after its passage are in trust for the state of Idaho as public lands. This pertains to federal public lands acquired through exchange, federal public lands purchased with funds from the sale of public lands and federal public lands granted to or acquired by the state.

The lands held in trust are not available for purchase and can be exchanged only for other lands with the approval of two-thirds of the Legislature, the proposal states. 

Adams' proposed amendment would not change the 2.5 million acres of state endowment lands, which are saleable. The Idaho State Board of Land Commissioners manages the lands, with revenue going to several public beneficiaries in the state, most of which are public education institutions, including the Idaho State Department of Education, the University of Idaho and Idaho State University. 

The Idaho State Board of Land Commissioners will also manage the lands affected by Adams' amendment and hold them in this new trust. The amendment stipulates the board's approach to managing these lands must conserve "existing and future uses of the land.”

The proposed amendment also states that the land board shall coordinate with state agencies to promote public recreation, scenic values, watershed quality and wildlife habitat.

Any revenues derived from the land’s management will go into a permanent Public Lands Trust Fund. These funds would first be used to maintain the land, with the remainder compensating counties for the lands within their boundaries, improving public use of the lands and supporting primary and secondary educational facilities.  

Protection of public lands in the state has drawn increased attention over the past year following failed proposals at the national level to sell off large tracts of federal lands. U.S. Sen. Mike Lee of Utah put forward a draft provision last summer that would have made 2 million acres of federal lands in 11 western states, including Idaho, available for sale, as was reported by the Associated Press. 

These proposals have drawn pushback from several of Idaho's congressional representatives, including Sens. Mike Crapo and Jim Risch, who voted against Lee's previous proposal.

U.S. Rep. Mike Simpson described public lands as among the key reasons people live and remain in Idaho, in a previous interview with the Idaho Press. In February of last year, the congressman signed on as a co-sponsor of the Public Lands in Public Hands Act to protect most public lands from sale and to require congressional approval for land sales of 300 acres or more and for sales of 5 acres or more when located near public waterways.

U.S. Rep. Russ Fulcher has at times taken a different position from his congressional counterparts. Last year, he voted in favor of a failed measure that would have sold off federal public lands in Nevada and Utah, an effort that prompted Simpson to sign on to the Public Lands in Public Hands Act.

In a letter on public lands issued last month, Fulcher stated his position that Idaho’s federal public lands should be placed under state ownership or, at a minimum, be managed by the state, rather than the federal government.

With Adams' amendment now introduced, it will return to the committee for a public hearing at a later date.