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title-38•Title 38 — Forestry, Forest Products and Stumpage Districts
title-38Idaho Code tit. 38CodeJan 1, 1885
Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.
As used in this chapter, the following terms are defined as follows:
(a) "Forest land" means any land which has upon it sufficient brush or flammable forest growth of any kind or size, living or dead, standing or down, including debris or growth following a fire or removal of forest products, to constitute a fire menace to life (including animal) or property.
(b) "Range land" means any land which is not cultivated and which has upon it native grasses or other forage plants making it best suited for grazing of domestic and wild animals and which land is adjacent to or intermingled with forest land.
(c) "Person" shall mean and include any person or persons, and any corporation, firm or other entity.
(d) "Everyone" or "anyone" shall mean any and all person or persons, corporations, firms, or other entities.
(e) "State" shall mean the state of Idaho.
(f) "Board" shall mean the state board of land commissioners.
(g) "State forester" as used in this chapter and wherever else it is used in the Idaho Code, shall mean the director of the department of lands or his duly authorized delegates or employees, including fire wardens and deputy fire wardens.
(h) "Fire warden" or "forest warden" shall mean duly appointed fire wardens or their deputies.
(i) "Forest products" shall mean any ties, logs, poles, posts, cordwood, pulpwood or other timber products.
(j) "Slashing areas" shall mean areas upon which, after cutting of the trees or brush preparatory to clearing, or after the cutting of any forest products, sufficient flammable material remains upon the ground as a result of such operations to constitute a menace to life or property.
(k) "Slash" or "slashing" shall mean brush, severed limbs, poles, tops and/or other waste material incident to such cutting or to the clearing of land, which are four (4) inches and under in diameter.
(l) "Forest fire" as used in this chapter means any fire burning uncontrolled on any land covered wholly or in part by timber and/or other potential forest products, slash, brush, or other flammable vegetation.
(m) "Range fire" means any fire burning uncontrolled on any range land.
(n) Whenever the term "state cooperative board of forestry" is used in any other section of the Idaho Code, it shall be construed to mean the state board of land commissioners.
(o) "Administrator" means the head of a division organized within the department of lands.
(p) "Community forestry" or "urban forestry" means the management of the trees and associated vegetation in rural and urban communities.
(q) "Improved lot or parcel" means forest land upon which a residential structure exists as determined by the department. In making such determination, the department may consult with the county assessor.
[38-101, added 1972, ch. 401, sec. 2, p. 1164; am. 1974, ch. 17, sec. 3, p. 308; am. 1992, ch. 258, sec. 1, p. 749; am. 1993, ch. 93, sec. 1, p. 222.]
It shall be the duty of the director of the department of lands to execute the provisions of this chapter, and the rules and regulations of the state board of land commissioners pertaining to forest and watershed protection; to represent the state in cooperation with forest owners and others in forest protection work; to further the enforcement of laws for the protection and preservation of forests; to establish a policy implementing good neighbor authority, as provided in 16 U.S.C. 2113a, that directs the department to enter into a cooperating and coordinating agreement or contract that authorizes the department to engage in forest management and education activities; to collect and disseminate information upon forest resources and forest conditions; to promote community forest management on public and private lands; to report to the state board of land commissioners concerning the improvement and management of the state’s forest holdings; to advise farmers and others concerning the development and management of woodlots and forest tracts; and to make such investigation and take such steps as shall lead to the adoption and execution of a comprehensive state forest policy in the interest of the entire state. The director shall furnish such information, make such recommendations, and perform such duties as may be required of him by the state board of land commissioners. The director may delegate all or any portion of his duties or responsibilities provided under this chapter to one (1) or more division heads or employees of the department of lands.
[38-102, added 1972, ch. 401, sec. 2, p. 1164; am. 1974, ch. 17, sec. 4, p. 308; am. 1992, ch. 258, sec. 2, p. 750; am. 2024, ch. 243, sec. 2, p. 865.]
The director of the department of lands is authorized to employ such clerical, administrative and professional staff and such other help and assistants and acquire such facilities and incur such expenses as the state board of land commissioners may determine to be proper and necessary, all of which shall be paid out of the appropriations from the general fund or special funds provided for this purpose in the budget for the department of lands.
[38-103, added 1972, ch. 401, sec. 2, p. 1164; am. 1974, ch. 17, sec. 5, p. 308.]
(1) The director of the department of lands, in executing the provisions of this chapter, insofar as it relates to privately owned forest or range land, shall have authority to cooperate with federal, county, state, municipal and private agencies, all voluntary forest or range land protective associations now organized and which may from time to time hereafter be organized within the state of Idaho, and he shall have authority to:
a. Enter into agreements with the federal government, under such terms as he deems advisable or as may be provided by law, and renew, revise or terminate such agreements for the purpose of furnishing, operating and maintaining a protective system for the detection, prevention and suppression of forest or range fires; provided, that the costs and expenses incurred, accruing and contracted for by the terms of said agreements shall be paid from the appropriations or funds available for the protection of forest land. Funds collected from owners of forest lands shall be used only for the benefit of forest lands within the forest protective district from which collected.
b. Enter into agreements with any county or municipality on such terms and under such conditions as he may deem wise, and subject to the approval of the board, for the detection, prevention or suppression of forest fires on any lands within said county or municipality, or for the protection and forest management of any lands over which such county or municipality has jurisdiction, or for reforestation or afforestation of lands within said county or municipality, whenever any county or municipality shall have made any appropriations therefor.
c. Subject to the provisions of subsection (d) hereof, enter into agreements, with the approval of the board, with any person, firm, organization, association, corporation, state board, officer or agency owning and/or controlling any forest or range land, or whose function, desire and/or duty it is to protect any forest or range land from forest or range fires, under such terms and conditions as he deems advisable or as may be required by law, and renew, revise or terminate such agreements, for the purpose of furnishing, operating and maintaining, a protective system for the detection, prevention and suppression of forest or range fires in forest protective districts; provided, that no agreements entered into under authority of this section shall provide that the same shall pay more than its pro rata share as provided in section 38-114, Idaho Code, and provided, further, that the costs and expenses incurred, accruing or contracted for by the terms of said agreement shall be paid from appropriations or funds available for the protection of forest or range lands from forest or range land fires, or from moneys recovered from persons held responsible under this chapter for the payment thereof.
d. The director shall not contract with any timber protective association unless such association limits its lobbying activities only to securing the passage, repeal, or amendment of laws that directly concern the individual association and its program of conservation and fire protection, nor shall he contract with any timber protective association whose bylaws or contracts do not provide for the dissolution of such associations by the consent or resolution of its members or members whose total acreage within such association constitutes at least sixty-seven per cent (67%) of the total acreage within the association’s jurisdiction. Upon dissolution the association shall provide for the distribution of the association’s assets to a qualified successor organization in accordance with section 501(c)(4) of the United States internal revenue code. An association may be incorporated or unincorporated. For the purposes of this chapter, the state shall be deemed a member of such association if it has entered into an agreement therewith.
(2) As a condition of any contract of the state with any timber protective association, the liability of the state is limited to the amount established by the laws of the state governing the contract or a tort liability of the state. As a further condition of any contract of an association with the state, no association shall settle or compromise any claim or suit against it without prior approval of the state land board.
(3) Prior to state participation or prior to continued state participation as a member of any timber protective association the director shall annually review and inspect the association for the following:
a. The governing and managing structure of the association;
b. The condition of equipment and its proposed use;
c. The adequacy of liability insurance; and,
d. The training of all association personnel.
The director shall report his findings and make recommendations to the state land board. If the state land board determines that the association is unable to perform its proper duties or is unsuitable for continued state membership the state land board shall give the association one (1) year in which to make the necessary improvements and if this is not done within one (1) year then the land board shall cause the state to withdraw its membership from the association or take the necessary steps to dissolve the association.
[38-104, added 1972, ch. 401, sec. 2, p. 1164; am. 1974, ch. 17, sec. 6, p. 308; am. 1977, ch. 34, sec. 1, p. 59; am. 1982, ch. 318, sec. 1, p. 792.]
(1) "Nonprofit timber protective association" means a nonprofit corporation, or nonprofit unincorporated association, that has entered into a contract for the detection, prevention or suppression of forest and range fires with the state of Idaho or any agency of the state of Idaho pursuant to title 38, Idaho Code.
(2) A nonprofit timber protective association and its employees, while acting within the scope of their employment, and while performing a contract with the state of Idaho or any agency of the state of Idaho, without malice or criminal intent, shall not be liable for any claim for bodily or personal injury, death, property damage or other loss that arises out of an act or omission of an employee based upon the exercise or performance, or the failure to exercise or perform, a discretionary function or duty on the part of the nonprofit timber protective association or its employee, whether or not the discretion is abused.
(3) A nonprofit timber protective association and its employees, while acting within the scope of their employment, and while performing a contract with the state of Idaho or any agency of the state of Idaho, shall not be liable for punitive damages on any claim for bodily or personal injury, death, property damage or other loss.
(4) The combined aggregate liability of a nonprofit timber protective association and its employees for damages, costs and attorney’s fees for bodily or personal injury, death, property damage, or other loss as a result of any one (1) accident, arising out of the performance of a contract with the state of Idaho or any agency of the state of Idaho, regardless of the number of persons injured, the number of claimants, or the number of properties damaged, shall not exceed the sum of five hundred thousand dollars ($500,000), unless the nonprofit timber protective association has valid and collectible liability insurance coverage in excess of five hundred thousand dollars ($500,000), in which event the combined aggregate liability shall be the remaining available proceeds of such insurance.
[38-104A, added 2006, ch. 153, sec. 1, p. 468.]
(1) "Nonprofit rangeland fire protection association" means a nonprofit corporation or nonprofit unincorporated association, that has entered into an agreement for the detection, prevention or suppression of forest and range fires with the state of Idaho or any agency of the state of Idaho pursuant to title 38, Idaho Code.
(2) A group of rangeland owners wishing to establish a rangeland fire protection association shall petition the director of the department of lands. The director may accept petitions where:
(a) Petitioners meet the requirements established by the director concerning the legal status of the association, liability insurance and governing and managing structure; and
(b) Petitioners demonstrate financial ability to form a rangeland fire protection association; or
(c) Adequate state funding exists, as determined by the director, to assist in the initial establishment of the association.
(3) Prior to entering into an agreement, and annually thereafter, the director shall review and inspect the association for the following:
(a) The governing and managing structure of the association;
(b) The adequacy of liability insurance; and
(c) The training of all association personnel.
[38-104B, added 2013, ch. 59, sec. 1, p. 135.]
The provisions of this chapter shall be applicable to the forest and range lands belonging to the state with the same force and effect as they apply to privately owned forest and range lands within the state; except that for the protection of state-owned range lands, the state board of land commissioners may enter into agreements or otherwise provide for a reasonable arrangement assuring the timely suppression of fires on or threatening state-owned range lands whether or not said lands are adjacent to or intermingled with forest lands.
[38-105, added 1972, ch. 401, sec. 2, p. 1164; am. 1988, ch. 208, sec. 1, p. 390.]
Any owner or owners or the accredited representative of any owner or owners of forest lands subject to the provisions of this chapter, shall upon request, be granted a hearing before the board, or an appropriate executive committee thereof, on any subject pertaining to the activities of the director of the department of lands or of said board affecting his or their property: provided, that no request for a hearing before the board shall have the effect of suspending the operations of the director of the department of lands or any fire warden undertaken pursuant to the provisions of this chapter, but, upon such hearing, the board may terminate such operations if found unreasonable.
[38-106, added 1972, ch. 401, sec. 2, p. 1164.]
(1) Any forest or range fire on any land within the state of Idaho, regardless of ownership status, that is burning out of control or without adequate and proper precautions having been taken to prevent its spread, is hereby declared a public nuisance, by reason of its menace to life and/or property. Any person responsible through his conduct, acts and/or control of property or operations for either the starting or the existence of such fire is hereby required to make a reasonable effort to control or extinguish it immediately, without awaiting instructions from the director of the department of lands or a fire warden. The director of the department of lands or any fire warden may summarily abate the nuisance thus constituted by controlling or extinguishing such fire and the person willfully or negligently responsible for the starting or existence of such fire shall be liable for the costs incurred by the state or its authorized agencies in controlling or extinguishing the same. The amount of such costs shall be recovered by a civil action prosecuted in the name of the state of Idaho and any amounts recovered shall be paid to the state treasurer for deposit to the forest protection fund. Civil liability provided for herein shall be exclusive of and in addition to any criminal penalties otherwise provided.
(2) Notwithstanding any other provision of law, in a civil action against any person, legal entity, state or political subdivision for forest or range fire caused by a negligent or unintentional act, which act was not willful or intentional under section 6-202, Idaho Code, the real and personal property damage is limited to:
(a) The reasonable costs for controlling or extinguishing the forest or range fire;
(b) Economic damages; and
(c) Either (i) the diminution of fair market value of the real and personal property resulting from the fire, or (ii) the actual and tangible restoration costs associated with bringing the damaged real and personal property back to its pre-injured state to the extent that such actual and tangible restoration costs are reasonable and practical.
As used in this subsection, "economic damages" means objectively verifiable monetary loss including, but not limited to, out-of-pocket expenses, loss of earnings, loss of use of property or loss of business or employment opportunities. As further used in this subsection, "fair market value" means the amount a willing buyer would pay a willing seller in an arms-length transaction when both parties are fully informed about all of the advantages and disadvantages of the property and neither is acting under any compulsion to buy or sell, as determined by a state certified appraiser, who is qualified to appraise the property. Claims against the state or a political subdivision shall remain subject to the requirements of chapter 9, title 6, Idaho Code, and damages against the state or a political subdivision shall be the amount set forth in chapter 9, title 6, Idaho Code, as limited in this subsection.
(3) Notwithstanding any other provision of law, civil actions brought pursuant to this section shall be barred by a statute of limitations after ten (10) years.
[38-107, added 1972, ch. 401, sec. 2, p. 1164; am. 2013, ch. 62, sec. 3, p. 138; am. 2025, ch. 277, sec. 1, p. 1173.]
Any saw mill, planing mill, shingle mill or other woodworking plant, or plant manufacturing wood products, operating in or near forest land, and burning refuse wood material outside of and/or adjacent to such mill or plant, shall enclose the area where such refuse is burned with a fireproof wall at least twelve feet (12′) in height and in diameter at least two feet (2′) greater than the longest refuse or wood material so burned by such mill or plant to prevent the escape or spread of fire therefrom; provided, however, that such mills or plants having adequately constructed and properly maintained burners, or those whose burners of any description are not so located that fire does or can escape or spread therefrom and endanger the lives and/or property of others, shall be exempt from the provisions of this section; and provided, further, that the requirements of this section shall constitute the minimum requirements for public safety, and that nothing herein contained shall be construed to prevent the operators of such mill or plant from being required to increase such protection to make the same adequate to the requirements of public safety; and provided, further, that the preceding proviso shall not be construed to require the use of a hooded burner or permanent structure.
[38-108, added 1972, ch. 401, sec. 2, p. 1164.]
Refusal or neglect to comply with the provisions of section 38-108, Idaho Code, shall be deemed a petty misdemeanor, and any person refusing or neglecting to comply therewith may be enjoined from further use of such mill or plant until proper equipment is installed; provided, that the director of the department of lands may suspend the restrictions of section 38-108, Idaho Code, when and where he deems public safety so permits.
[38-109, added 1972, ch. 401, sec. 2, p. 1164.]
The director of the department of lands of the state of Idaho shall divide the state into districts to be known and designated as forest protective districts, having due regard in establishing the boundaries thereof, to the adequate, effective and economical protection of forest and range lands therein; he shall appoint one (1) fire warden for each of the districts of the state on the recommendation of the protection agency representing the forest land owners in each such district, who shall at all times be responsible to and under the direction and control of the director of the department of lands and shall perform such duties at such times and places as he shall direct. Fire wardens shall hold office until their appointment is revoked and the director of the department of lands may revoke the same at any time. The fire warden so appointed may, subject to approval by the director of the department of lands, appoint deputy fire wardens within their respective districts and such appointments may be revoked at any time by the fire warden or director of the department of lands. All the officers provided for in this act shall have and exercise police powers while engaged in performing the duties of their respective offices.
[38-110, added 1972, ch. 401, sec. 2, p. 1164.]
(1) Every owner of forest lands in the state shall furnish or provide therefor, throughout the closed season, protection against the starting, existence, or spread of fires thereon, or therefrom, in conformity with reasonable rules and standards for adequate protection, to be established by the state board of land commissioners. An owner of forest lands who maintains a membership in good standing in a forest protective association operating under agreement with the state board of land commissioners, which association maintains a standard of protection approved by said board and who pays the assessments to the association in the amounts required in this section, shall be deemed to have fully complied herewith. In the event the owner of any forest land shall neglect or fail to furnish the protection required in this section, the director of the department of lands shall provide such patrol and protection therefor at actual cost to the owner of forest lands. For private owners of forest lands whose total acres of forest lands are twenty-six (26) acres or more, the state board of land commissioners shall establish this cost not to exceed sixty-five cents (65¢) an acre per year. For private owners of forest lands whose total acres of forest lands are twenty-five (25) acres or fewer, the minimum assessment per year shall be equal to the per acre cost multiplied by twenty-five (25).
(2) In addition to any other assessment prescribed in this chapter, the state board of land commissioners shall establish a surcharge to be levied and assessed in an amount not to exceed one hundred dollars ($100) for each improved lot or parcel to offset costs associated with wildfire preparedness.
(3) There is hereby established in the state treasury a wildfire equipment replacement fund for the replacement of capital wildfire equipment. The department of lands shall determine reimbursement rates for all capital fire equipment used for activities other than fire preparedness. Reimbursement revenues shall be deposited in the wildfire equipment replacement fund. Additional moneys may be deposited into the wildfire equipment replacement fund from any other source.
(4) In the event an assessment is made in an amount less than the maximum hereinbefore provided, and an actual loss occurs that exceeds the amount budgeted and for which assessments have been made, the director of the department of lands, with the approval of the board, may require an additional assessment to be made and paid, which together with the original assessment shall not exceed the maximum assessment set forth in this section. Such additional assessment shall be levied and collected in the same manner as herein provided for the collection of such original assessments. The liability provided in this section shall be calculated for each forest protection district or association separately, and shall be calculated solely on the charges assignable to fire control or presuppression of fires within each district or association.
(5) Each forest protective association actively engaged in forest protection under agreement with the state board of land commissioners shall each year prepare in detail a budget of all estimated operating costs for the next fiscal year and shall submit this budget to the board for approval before August 31 of the current year.
(6) Except for the provisions of section 38-122, Idaho Code, and cases of proven negligence by the landowner or his agent, no other charges or assessments for fire protection shall be made or assessed or collected from those forest landowners participating as provided herein.
[38-111, added 1972, ch. 401, sec. 2, p. 1164; am. 1976, ch. 36, sec. 1, p. 77; am. 1981, ch. 34, sec. 1, p. 53; am. 1987, ch. 192, sec. 1, p. 391; am. 1993, ch. 93, sec. 2, p. 223; am. 2003, ch. 79, sec. 1, p. 253; am. 2009, ch. 36, sec. 1, p. 106; am. 2010, ch. 66, sec. 1, p. 114; am. 2026, ch. 27, sec. 1, p. 123.]
Any amounts due under the preceding section and approved by the board for that purpose shall be a lien on the property protected, and shall be collected as follows:
On or before the first Monday in July of each year, the association secretary shall determine the names of all owners of forest lands within the boundaries of the particular forest protective association who have failed to provide the forest fire protection for their lands required by this act, together with the description of such lands and the acreage thereof and calculate the total amount due hereunder from each such owner for such forest fire protection which shall not exceed the maximum hereinbefore specified. The association secretary shall deliver such information to the director of the department of lands not less than ten (10) days before the first Monday in August of each year.
By the first Monday in August of each year, the director of the department of lands shall have prepared a list of all amounts charged under this section against property protected, and upon request received from any owner thereof, shall render the latter a statement of the sum so due from such owner; upon further request made to said director of the department of lands within ten (10) days following said first Monday in August, any such owner shall be granted a hearing before the board on or before the last Monday in August. Said board shall then either approve or revise all sums to be collected, and the director of the department of lands shall certify each and every current amount to the auditor of the county or counties in which such property is situated not later than the first Monday in September following. Upon receiving such certificate from the director of the department of lands showing the amounts due, the auditor shall extend the amounts so certified upon the county tax rolls covering such property, and such sums shall be collected in the same manner and at the same time and with like penalties as general state and county taxes upon the same property are collected. When collected, such sums shall immediately be paid into the forest protection fund to be applied by the director of the department of lands to expenses incurred, accrued and/or contracted for in carrying out the provisions of this section.
[38-112, added 1972, ch. 401, sec. 2, p. 1164.]
When the owner of forest land shall have sold timber and/or other forest products or potential forest products thereon to another, retaining the land, the owner of the timber and/or other forest products or potential forest products shall be responsible for providing the protection required by section 38-111, Idaho Code, for that portion of the land covered by his uncut timber and/or other forest products or potential forest products and for the area he has cut over during the year up to the end of the closed season, and for any areas he has cut over without complying with the forest fire and slash disposal laws of the state, and if he fails, neglects or refuses to provide the protection required by section 38-111, Idaho Code, the director of the department of lands shall provide such patrol and protection at the cost per acre to said owner at the rates therein established. Any amounts due and unpaid for this purpose shall be a lien upon the remaining standing timber and/or other forest products or potential forest products and upon the timber and/or other forest products theretofore cut and/or removed or remaining on the ground and may be collected through extension upon the tax rolls covering such property as in section 38-112, Idaho Code, provided for collection of similar liens upon forest land; provided, that if the director of the department of lands shall deem such property to be inadequate security, the lien, unless promptly paid on demand of the director of the department of lands, may be by him perfected and enforced as loggers’ liens are perfected and enforced, or such amounts, together with any expenses rendered necessary, may be recoverable from the offender by a civil action for debt prosecuted in the name of the state of Idaho. Any recovery shall be paid to the state treasurer for deposit in the forest protection fund.
[38-113, added 1972, ch. 401, sec. 2, p. 1164.]
The state shall bear and pay into the forest protection fund its pro rata share of the assessments provided for in section 38-111, Idaho Code, for fire protection to state lands and expenses incurred, accruing or contracted for within each forest protective district in enforcing and carrying out the provisions of this chapter and protecting the forest lands belonging to the state against damage, devastation or destruction by fire, in the proportion which such lands belonging to the state within each forest protective district of the state bear to the total area of forest land within such protective district, and the state shall be considered an owner of forest land within the meaning of that term as used in this chapter, and for the purposes thereof. The state board of land commissioners may authorize the issuance of deficiency warrants for the purpose of defraying such assessments, and when so authorized the state controller shall draw such deficiency warrants against the general fund. Such moneys as the state shall thus become liable for shall be paid as a part of the expenses of the state board of land commissioners out of appropriations which shall be made by the legislature for that purpose. In all appropriations hereafter made for expenses of said state board of land commissioners, account shall be taken of and provision made for this item of expense.
[38-114, added 1972, ch. 401, sec. 2, p. 1164; am. 1994, ch. 180, sec. 64, p. 470.]
The period from May 10 to October 20, inclusive, of each year shall be known as the closed season. During the closed season it shall be unlawful for any person to set or cause to be set a fire in any slashing area, or a fire to any stump or stumps, log or logs, down or standing timber or to set or cause to be set, a fire on any forest or range lands or dangerously near thereto, or in any field in any forest protective district, without having first procured a permit from the fire warden of the district, provided, that unless campfires have been prohibited during critical hazard periods, campfires may be set without permit provided there is compliance with the provisions of section 38-116, Idaho Code. Every permit shall prescribe the conditions upon which the permit is given, and contain rules and regulations governing the setting of fires and the prevention of the spread thereof to the property of another. At no time shall any fire be set when the wind is blowing to such an extent as to cause danger of the fire getting beyond the control of the person responsible for setting it, or without sufficient men, tools, supplies and firefighting equipment to control it, and the fire shall be kept under the control of the person responsible for setting it until it is out. The state board of land commissioners shall from time to time make all necessary rules and regulations governing the setting of fires on forest lands for both the closed and open season, and for their proper control and extinguishment. It shall be the duty of the director of the department of lands to prepare the proper form of permit to be used in carrying out the provisions of this section. The fire wardens shall at all times have authority to refuse permits and/or to revoke the same and to postpone their use when issued, when they shall deem it necessary so to do in the interest of public safety. Any permits obtained by misrepresentation shall be invalid.
In seasons, localities and under conditions of unusual fire danger, the director, with the advice of the fire warden of any protective district, shall have the power to extend the period of closed fire season in any district of the aforementioned districts to meet the particular fire hazard of each district, and when the safety of the public requires, change the closed season in any district by fixing inclusive dates other than those herein designated; close to entry therein by any person or party, the forest and range lands in any section of the state wherein a critical fire hazard exists, and may restrict or suspend travel on any road or trail leading into any such land, until a permit shall have secured from the fire warden of the forest protective district wherein such lands are situated, and may also, without proclamation, suspend any and all permits or privileges authorized by this section and prohibit the setting of any campfires, and/or fire in forest and range land or dangerously near to such, or in fields in any forest protective district.
Any violation of the provisions of this section shall be deemed a misdemeanor.
[38-115, added 1972, ch. 401, sec. 2, p. 1164; am. 1974, ch. 17, sec. 7, p. 308.]
(1) No person shall during the closed season:
a. Set or cause to be set a campfire upon forest or range lands without clearing the ground immediately around such fire free from material which will carry fire.
b. Set or cause to be set a campfire against a stump, log, living or dead trees, or snag or dangerously near to any material which will carry fire.
c. Set or cause to be set a campfire when the wind is blowing to such an extent as to cause danger of the campfire spreading.
d. Set or cause to be set a campfire at a camping place incompatible with public safety and not in compliance with all the provisions of this chapter.
e. Leave a campfire burning or unattended.
f. Permit a campfire to spread.
(2) Violation of any of the provisions of this section shall be deemed a petty misdemeanor.
[38-116, added 1972, ch. 401, sec. 2, p. 1164.]
It shall be unlawful during the closed season for any person to throw away any lighted tobacco, cigar, cigarette, match, firecracker, fireworks or other lighted material of any kind on any forest or range land of this state. Any person violating any of the provisions of this section shall be deemed guilty of a petty misdemeanor.
[38-117, added 1972, ch. 401, sec. 2, p. 1164.]
During the closed season everyone operating a common carrier railroad shall keep all right of way, station grounds and other operating property in, contiguous or adjacent to forest or range lands clear and free from all combustible and flammable material, matter or substances, except freight, express and mail supplies, structures, equipment and material necessary, usual or convenient for the construction, maintenance and/or operation of such railroad.
During the said closed season, no person operating or maintaining such a railroad shall permit any of his or its employees to leave a deposit of fire, live coals or hot ashes in the immediate vicinity of forest or range lands or of other lands liable to be overrun by fire.
All clearing by burning under the provisions of the section shall be in accordance with the provisions of this act applicable to the season during which said burning is done.
Refusal or neglect to comply with the provisions of this section shall be deemed a petty misdemeanor for each offense; provided, that the director of the department of lands, with the consent of the board, may suspend the restrictions of this section when and where he deems safety so permits. It is further provided, that in the absence of such suspension, and in case of refusal or neglect by the person at fault, after proper notice, to take the precautions against fire required by public safety and the provisions of this act, the director of the department of lands, or district fire warden, acting with his consent, may have the work done to the extent that he deems requisite to public safety, and the costs thereof and the expense of any fire patrol rendered necessary by the offender’s neglect, plus a penalty of ten per cent (10%) shall be recoverable from the offender by civil action, prosecuted in the name of the state of Idaho. Any recovery shall be paid to the state treasurer for deposit in the forest protection fund.
[38-118, added 1972, ch. 401, sec. 2, p. 1164.]
(1) During the closed season any employee of a railroad who, in the course of his employment, shall see a fire on or near the right of way, station grounds or other operating property of such railroad in, contiguous or adjacent to forest or range lands, shall immediately report such information to a fire warden. If such fire is on or spread from the railroad right of way, station grounds or other operating property of such railroad such employee or any other person in authority shall take all reasonable and prudent measures to control and extinguish such fire.
(2) A violation of any of the provisions of this or the next succeeding section shall be deemed a petty misdemeanor.
[38-119, added 1972, ch. 401, sec. 2, p. 1164.]
It shall be the duty of every person operating a railroad through any forest protective district to keep employees fully instructed as to their duties relating to the reporting, control and prevention of forest or range fires as provided in this chapter.
[38-120, added 1972, ch. 401, sec. 2, p. 1164.]
During the closed season it shall be unlawful for any person to use or operate on or near to forest or range land any steam or internal combustion engine which is not equipped and maintained in conformity with rules and regulations promulgated by the state board of land commissioners. Any person who shall fail to comply with such rules and regulations shall be guilty of a petty misdemeanor. Such person may also be enjoined from further use of such engine until it is equipped and maintained in conformity with such rules and regulations.
[38-121, added 1972, ch. 401, sec. 2, p. 1164.]
(1) Everyone engaged, or about to engage, in the cutting of any forest product or potential forest product upon lands within the state of Idaho shall provide for the management and reduction of the fire hazard thus created or to be created by first securing a certificate of compliance from the director of the department of lands or his agent, said compliance to provide the option of entering into a fire hazard reduction agreement as provided in sections 38-401 through 38-410, Idaho Code, inclusive, or by posting a cash bond to the state of Idaho in such form and for such amount as may be prescribed by the director of the department of lands: provided, however, that the amount of the bond so prescribed shall not be in excess of the amount which such person would be required to pay under said sections 38-401 through 38-410, Idaho Code, inclusive, and that the bond shall be conditioned upon full and faithful compliance with all requirements under said sections 38-401 through 38-410, Idaho Code, inclusive, and the faithful reduction of such fire hazards in the manner prescribed by law. Provided further that the initial purchaser of ties, logs, posts, cordwood, pulpwood and other similar forest products which have been cut from lands within the state of Idaho shall make no such purchase from anyone not having a proper compliance under this section and formal acceptance of notification under subsection (2) of section 38-1306, Idaho Code. When a person elects to have hazard reduction money withheld in lieu of posting a cash bond, the purchaser of forest products shall withhold the money and said money so withheld in any one (1) calendar month shall be paid to the director of the department of lands or his agent on or before the last day of the next calendar month. After sending such moneys to the director of the department of lands the purchaser shall not be further liable to the state of Idaho or to the person from whom the money was withheld. The director of the department of lands, upon receipt of the cash bond or transmittal of withheld money, shall promptly deposit the same with the state treasurer to be held in trust until the hazard has been reduced as required by law. Such hazard reduction shall be accomplished by the responsible party within the terms set forth in the certificate of compliance or such additional time as may be granted by the director of the department of lands, and upon completion thereof, the director of the department of lands or his agent shall issue a certificate of clearance, stating that all the terms of this section have been complied with. Such clearance shall constitute reason for the release of said hazard reduction money and payment to the person entitled thereto or release of the cash bond posted, except that: (a) three percent (3%) of the hazard reduction money or bond shall be deposited in a special account to be known as the fire suppression account, which is hereby created in the dedicated fund of the state treasury, and which shall be used by the department of lands to help pay the cost of suppressing forest fires; and (b) as determined by the state board of land commissioners, for harvest from private land, an additional amount, not to exceed three percent (3%) of the hazard reduction money or bond shall be deposited in the forest practices administration account established in section 38-135, Idaho Code, for the purpose of carrying out the provisions of the forest practices act, section 38-1301 et seq., Idaho Code. In the event the hazard reduction shall not be accomplished within said period of time, the money shall be released by the state treasurer on direction from the director of the department of lands less the three percent (3%) deduction specified for the fire suppression account and for harvest from private land, the deduction specified by the state board of land commissioners for the forest practices administration account, and credited to the "forest management account" for the management and reduction of any fire hazard and for the protection of forest resources as provided by section 38-408, Idaho Code.
(2) With the exception of cases of negligence on the part of the landowner, operator or their agents, liability for the cost of suppressing fires that originate on or pass through a slashing area shall remain with the state forester if one of the following alternatives is executed by the landowner or operator: (a) the slashing area is covered by a certificate of compliance and all hazard money payments are current or a proper bond is in place; (b) the landowner or operator treats the slash in accordance with rules adopted by the state board of land commissioners that are in effect during the period covered by the certificate of compliance or approved extensions; or (c) the landowner or operator elects to enter into a contract with the state forester for the management of the slash and liability of fire suppression costs in accordance with section 38-404, Idaho Code.
Should the landowner or operator choose not to treat the slash or not enter into a contract with the state forester in accordance with section 38-404, Idaho Code, the landowner or operator shall, in addition to forfeiting the bond provided for in section 38-122, Idaho Code, be subject to the provisions of section 38-123, Idaho Code, and his liability, if any, for fire suppression costs up to the limits set by the state forester, shall exist for a period of five (5) years following completion of the operation for all fires that originate in or pass through the landowner’s or operator’s slashing area, except that the landowner or operator may choose to pay an additional fee, to be determined by the director, upon payment of which the director will assume the liability for the cost of suppressing fires that originate in or pass through the slashing area.
(3) A violation of any of the provisions of this section shall be deemed a petty misdemeanor.
[38-122, added 1972, ch. 401, sec. 2, p. 1164; am. 1987, ch. 192, sec. 2, p. 392; am. 1989, ch. 154, sec. 1, p. 365; am. 1994, ch. 152, sec. 1, p. 348.]
In the event one responsible therefor shall fail, refuse or neglect to properly dispose of slash in accordance with the requirements of section 38-122, Idaho Code, and such person responsible therefor is engaged or is about to engage, either for himself or for another, in cutting timber or other forest products, and thereby creating a fire hazard anywhere within the state, he may be enjoined from cutting such timber or other forest products and thereby creating a fire hazard until he shall have complied with the provisions of section 38-122, Idaho Code. Such injunction proceedings may be instituted by the director of the department of lands as plaintiff and the court may in its discretion grant a temporary injunction. In any such proceedings no bond shall be required of the plaintiff and such a proceeding shall be handled in any court by the judge thereof with expedition.
If one responsible therefor has for any reason failed to comply with section 38-122, Idaho Code, and has without such compliance cut timber or other forest products, and shall fail, refuse or neglect to properly dispose of slash for a period of thirty (30) days after being notified so to do by the director of the department of lands or the fire warden of the forest protective district within which such slash has accumulated, the director of the department of lands, or the fire warden, may, if he deems it advisable, complete, direct or authorize the disposal of such slash at the expense of the owner of the timber or other forest products cut or produced from the land upon which such fire hazard remains undisposed of as aforesaid.
The cost and expense of such disposal, plus twenty per cent (20%) of the cost and expense of such disposal as a penalty, shall constitute a prior lien upon the timber and/or other forest products so cut or produced from such land. If payment of such cost and penalty be not made within ten (10) days after demand in writing, the director of the department of lands shall file for record with the county recorder of the county in which such timber or other forest products were cut, or, if the same have been removed to another county, then in such county, a notice of lien upon any and all forest products cut from the area of slash undisposed of as aforesaid, and such lien shall also attach to all identifiable processed products thereof, and the perfection of such lien rights shall as nearly as practicable be in conformity with the provisions of section 45-407, Idaho Code, so far as the same is applicable, and duly verified as therein provided. Any claims of lien recorded as herein provided shall be released in writing by the director of the department of lands upon payment of the cost and penalty herein provided. After the filing of notice of lien, any purchaser or purchasers of any of such forest products who have disposed of the same or who shall have so mingled such forest products or the processed products thereof with other property as to prevent identification of such forest products, and thereby prevent the sale of any such products in such foreclosure proceedings, shall be liable for the full amount of the judgment recovered, provided such purchaser is made a party defendant in the suit for the foreclosure of lien. The proceedings for the enforcement of said lien shall conform as nearly as may be to the proceedings provided by law for the enforcement of loggers’ lien, or the amount of such cost and penalty may be recovered by a civil action for debt, prosecuted in the name of the state of Idaho, and payable to the state treasurer for deposit in the forest protection fund.
The director of the department of lands shall not file for record any lien against the property of any person who has been issued a certificate of clearance in accordance with section 38-122, Idaho Code, covering such property.
All orders and directions issued by the director of the department of lands, or any fire warden, as required or authorized by this section and section 38-122, Idaho Code, shall be in writing and made in triplicate, the original of which shall be sent by registered mail or delivered by personal service to the person to receive such order, permits or directions; one (1) copy shall be filed in the office of the director of the department of lands; and one (1) copy shall be filed in the district warden’s file.
[38-123, added 1972, ch. 401, sec. 2, p. 1164; am. 1987, ch. 192, sec. 3, p. 393.]
Everyone making disposal of slash on forest land as provided for in this chapter shall use care to prevent fire from spreading to other forest land or the creation of further fire hazard by damage to timber growth left standing, and shall have sufficient men, tools, supplies and firefighting equipment on hand for that purpose, and when the burning has been completed, or when ordered by the fire warden, shall cause the fire to be totally extinguished without delay. Disposal of slash under the terms of this chapter shall be in accordance with the law requiring burning permits during the closed season.
Violation of any of the provisions of this chapter on any legal subdivision, shall constitute a separate and distinct offense and shall be deemed a misdemeanor.
[38-124, added 1972, ch. 401, sec. 2, p. 1164.]
Everyone clearing right of way for any railroad, public or private highway or road, public trail, public utility, logging road, trail, ditch, dike, pipe line or wire line, or any other transmission or transportation utility right of way, shall safely dispose of all refuse timber, brush, slash or debris cut for such clearing or resulting from the cutting of material for the construction of such right of way. Said piling and burning shall be done as rapidly as cutting and clearing progresses; provided, that upon application to the director of the department of lands, he may grant a permit extending the time within which such burning must be done; provided, further, that if such work be done during the closed season it must be done in compliance with all the provisions of this chapter relating to burning permits during the closed season.
The provisions of this section shall apply to all clearing of rights of way on behalf of the state, county, highway districts and road districts, whether the work be done by day labor, or by contract, and unless unavoidable emergency prevents, provisions shall be made by the proper officials conducting, directing, or letting said work, for withholding until it is complete, a sufficient portion of the payment therefor to insure compliance with this chapter.
Violation of any provisions of this section shall be deemed a misdemeanor.
In addition to the penalty herein provided, the offender may be enjoined at the instance of the director of the department of lands, or of the fire warden of the district, from proceeding with such work until the provisions of this section shall have been complied with; and, upon application of the director of the department of lands, or of the fire warden of the district, to any court of competent jurisdiction, a writ of mandate shall issue compelling the offender to fully comply with the provisions hereof.
[38-125, added 1972, ch. 401, sec. 2, p. 1164.]
Any person who shall wilfully or maliciously do any act or thing tending to interfere with the efficient use and operation by any forest protective agency provided for by this chapter or operating under agreements with the director of the department of lands, of its tools, supplies and equipment, or with the performance of its duties, shall be guilty of a misdemeanor.
[38-126, added 1972, ch. 401, sec. 2, p. 1164.]
Any person who shall wilfully or maliciously destroy, deface, disfigure, or needlessly remove any sign, poster, warning or notice posted under the provisions of this chapter or by any forest protective agency cooperating with the state under this chapter, shall be guilty of a petty misdemeanor.
[38-127, added 1972, ch. 401, sec. 2, p. 1164.]
At the discretion of the director of the department of lands, it shall be the duty of the attorney general or the prosecuting attorney of the county within which such action lies, to prepare, upon information furnished by the director of the department of lands or the fire warden of any forest protective district, and foreclose all liens, other than those provided for in sections 38-111, 38-112 and 38-113, Idaho Code, and to prosecute in the name of the state of Idaho all actions for the recovery of penalties and costs and expenses incurred by the director of the department of lands, his deputy or fire warden of the district in carrying out the provisions of this chapter. For the purposes of this section, venue shall be determined subject to the terms of applicable Idaho law at the time of the incident. Civil actions against nonresidents of the state shall be prosecuted by the attorney general.
Whenever any arrest shall have been made for the violation of any provisions of this chapter, or whenever any evidence, which shows with reasonable certainty any such violation, shall have been lodged with him, the prosecuting attorney of the county in which the criminal act was committed must prosecute the offender with all diligence and energy.
[38-128, added 1972, ch. 401, sec. 2, p. 1164; am. 2003, ch. 27, sec. 1, p. 100.]
The state treasurer shall be custodian of a fund known as the "forest protection fund" into which shall be paid all owners’ assessments, penalties and costs recovered in actions authorized by this chapter, and a portion of all fines as provided in the succeeding section and all funds accruing or received under any other provision of this chapter including all funds allocated by the United States under the act of March 1, 1911 (36 Stat. 96) and amendments thereto, known as the Weeks law, and the act of June 7, 1924, known as the Clarke-McNary act, and all other federal acts for forest fire protection. All moneys in existing forest protection or foresters’ special fund are hereby transferred to the forest protection fund established hereby.
All moneys appropriated for, accruing to or received by this fund are hereby appropriated for the purposes of this chapter and shall be paid out by the state treasurer only upon state vouchers prepared and approved by the director of the department of lands and approved by the state board of examiners. All disbursements, costs and expenses accruing, contracted for and/or incurred by the director of the department of lands in administering the provisions of this chapter and in carrying out the agreements authorized by section 38-104, Idaho Code, and not otherwise provided for shall be paid from this fund; provided, that disbursements of such portions of this fund as are represented by allotments to the state under the Weeks law and the Clarke-McNary act and other federal acts for forest fire protection shall be limited to the purpose for which such allotments are made by the federal government.
The director of the department of lands may convert the money derived from this fund into a revolving fund as may be necessary or into a general expense fund for the payment of such disbursements as are herein provided for.
[38-129, added 1972, ch. 401, sec. 2, p. 1164.]
Notwithstanding the provisions of section 19-4705, Idaho Code, fines collected for violations of this chapter or any provisions thereof shall be apportioned as follows: ten per cent (10%) to the state treasurer for deposit in the state general fund, fifty per cent (50%) to the current expense fund of the county in which the violation occurred and forty per cent (40%) to the state treasurer for deposit in the forest protection fund.
[38-130, added 1972, ch. 401, sec. 2, p. 1164.]
In event the actual cost for the control or suppression of forest fires in any forest protective district exceeds in any one (1) year the maximum moneys available for forest protection in that district from the forest protection fund or any other special or general fund provided for that purpose, the state board of land commissioners may authorize the issuance of deficiency warrants for the purpose of defraying such excess costs and when so authorized the state controller shall draw deficiency warrants against the general fund.
[38-131, added 1972, ch. 401, sec. 2, p. 1164; am. 1976, ch. 42, sec. 4, p. 93; am. 1994, ch. 180, sec. 65, p. 470; am. 2003, ch. 32, sec. 18, p. 128.]
The state board of land commissioners may authorize the issuance of deficiency warrants for the purpose of paying the costs of fire suppression on state-owned range lands whether or not said lands are adjacent to or intermingled with forest lands. When so authorized, the state controller shall draw deficiency warrants against the general fund.
[38-131A, added 1988, ch. 208, sec. 2, p. 391; am. 1994, ch. 180, sec. 66, p. 470; am. 2003, ch. 32, sec. 19, p. 129.]
(1) It is the policy of the state of Idaho that any forest or range fire constituting a nuisance pursuant to section 38-107, Idaho Code, on any land within the state of Idaho be summarily abated as quickly and efficiently as possible.
(2) In the event that the governor declares an emergency exists because of a fire burning uncontrolled on federal lands that threatens the health, safety, and welfare of Idaho citizens or that is imminently threatening the property of the state of Idaho, any political subdivision thereof, or any resident thereof, then the governor may take immediate action by directing state resources to assist in controlling and extinguishing the fire, including authorizing the issuance of deficiency warrants. When so authorized, the state controller shall draw deficiency warrants against the general fund.
(3) The cost incurred by the state of Idaho in controlling or extinguishing the fire shall be recovered by a civil action prosecuted in the name of the state of Idaho by the attorney general. The funds recovered shall be returned to the general fund to offset the amount of the deficiency warrant.
[38-131B, added 2025, ch. 277, sec. 2, p. 1174.]
The state board of land commissioners may make such rules and regulations, not inconsistent with this chapter, as may be reasonable and necessary or appropriate for carrying out the provisions of this chapter and for efficient administration thereof. Any person violating any rule or regulation of the board, after written notice of the regulation has been furnished, shall be deemed guilty of the same crime as provided in the section of this chapter to which the rule or regulation pertains or if none be specified, then such violation shall be deemed a petty misdemeanor.
[38-132, added 1972, ch. 401, sec. 2, p. 1164.]
The director of the department of lands and his assistants, fire wardens, conservation officers and their deputies and all other peace officers of the state are hereby charged with the enforcement of the criminal provisions of this chapter and shall have full power and it shall be their duty to arrest with or without warrant any person found violating any of the provisions of this chapter or rules and regulations of the state board of land commissioners after notice made pursuant hereto and take him before a magistrate and make complaint, and when any such officer shall have information that such violation has been committed he shall make similar complaint.
The authority of the fire wardens respecting the control or suppression of forest fires, summoning help or making arrests for violation of this chapter or rules and regulations of the board may extend to any adjacent district or to any part of the state in times of great fire danger, providing that in case of conflict of authority resulting therefrom, the fire warden in whose district the fire is located shall have ultimate control. In emergencies fire wardens may commandeer tools, supplies and equipment and may employ able-bodied persons or compel assistance of able-bodied persons and neither the state board of land commissioners, the director, or his delegates, fire wardens or deputy fire wardens, shall be liable to civil action for trespass committed in the discharge of their duties; provided, that in performing their duties they exercise reasonable care to avoid doing unnecessary damage.
[38-133, added 1972, ch. 401, sec. 2, p. 1164; am. 1974, ch. 17, sec. 8, p. 308.]
The director of the department of lands is charged in section 38-1305, Idaho Code, to administer and enforce the forest practices act on all private forest lands within the state. Funding for this activity shall come from an annual budget request from the general fund and from an annual assessment to be paid by every private owner of forest land in the state. The assessment for private owners of forest lands whose total acres of forest lands are twenty-five (25) acres or fewer shall be equal to the per acre cost multiplied by twenty-five (25). For private owners of forest lands whose total acres of forest lands are twenty-six (26) acres or more, the assessment shall be determined by the state board of land commissioners not to exceed twenty cents (20¢) an acre per year. The assessment shall be collected in the same fashion and at the same time as the forest protection assessment described in section 38-111, Idaho Code.
[38-134, added 1987, ch. 192, sec. 4, p. 395; am. 2003, ch. 78, sec. 1, p. 252; am. 2005, ch. 176, sec. 1, p. 547; am. 2019, ch. 36, sec. 1, p. 103.]
There is hereby created in the dedicated fund of the state treasury a forest practices administration account into which shall be paid the assessment on private owners of forest lands as provided in section 38-134, Idaho Code.
[38-135, added 1987, ch. 250, sec. 3, p. 513.]
(1) There is hereby created within the dedicated fund of the state treasury the community forestry trust account.
(2) The account shall consist of the following:
(a) Donations, gifts, and grants from any source;
(b) Any other moneys which may hereinafter be provided by law; and
(c) Interest earned by the account.
(3) The director or designee of the department of lands may authorize disbursements of moneys from the account for projects related to community forestry.
(4) Not less than thirty-five percent (35%) of the funding for an approved project shall be provided by the entity sponsoring or proposing the project or program. Contributions such as materials, personnel, supplies, or services may be considered as all or part of the funding provided by the petitioning entity.
[38-136, added 1992, ch. 258, sec. 3, p. 750; am. 2019, ch. 116, sec. 5, p. 442.]
There is hereby created in the state treasury the good neighbor authority fund into which shall be paid the state proceeds, money received by the state, and federal moneys received by the state, as provided in section 38-1704, Idaho Code. Interest earned on moneys in the fund shall be retained by the fund.
[38-137, added 2024, ch. 243, sec. 3, p. 865.]
The director of the department of lands shall have the supervision, control and management of all fire hazards created by insects, disease, other natural causes, or by any person engaged in harvesting timber, ties, logs, poles, posts, cordwood, pulpwood, or any other forest product or potential forest product upon lands within the state of Idaho for the protection of forest resources, and shall have supervision, control and management of all fire hazard reduction plans, programs and regulations of or under the forestry laws of the state of Idaho.
The supervision, control, management or reduction, or any combination thereof, of fire hazards referred to in this section and in this chapter may include or be limited to the taking of protective measures reasonably intended to prevent the injury to or the destruction of forest resources without the actual abatement of the hazard. It shall be the public policy of this state, without unnecessarily restricting the director of the department of lands, to reduce, wherever practical, fire hazards by disposal or treatment of the slash created by the harvesting of forest products, having due regard for the effective and economical overall protection of forest land and resources.
In those cases where complete disposal or treatment of the slash is not planned or where partial disposal or treatment is planned the state forest warden shall submit to the director a detailed plan of protection for each separate operation listing the proposed expenditures and the amounts collected or to be collected. The director may approve such plan if the proposed expenditures are limited to one or more of the following:
Acquisition of equipment needed for fire protection or reduction of fire hazards referred to in this section.
Construction of appropriate structures aiding in fire protection or hazard reduction.
Acquisition or contracting for communications or a communication system.
Acquisition of appropriate tools, machinery and equipment needed for fire protection or hazard reduction.
Payment of personnel and apportioned overhead employed by the forest protective district.
Road maintenance and construction in slash areas where a fire hazard exists.
The percentage of total moneys accredited to each forest protective district that may be used within the district for protective measures in lieu of actual abatement of the fire hazards shall be determined annually by the director.
[38-401, added 1945, ch. 74, sec. 1, p. 108; am. 1957, ch. 183, sec. 1, p. 357; am. 1969, ch. 89, sec. 1, p. 296; am. 1974, ch. 17, sec. 12, p. 308.]
The director of the department of lands is hereby authorized and empowered to adopt plans, programs and rules for the management and reduction of fire hazards for the protection of forest resources, any of which hazards are created by insects, disease, other natural causes, or by any person engaged in harvesting timber, ties, logs, poles, posts, cordwood, pulpwood, or any other forest product or potential forest product upon lands within the state of Idaho.
All such plans, programs and rules for the supervision, management, control, and reduction of fire hazards for the protection of forest resources to be applied in any forest protective district before becoming effective shall be submitted to, and approved by the state board of land commissioners, and all contracts or agreements entered into by the director of the department of lands with any owner or owners, operator or operators of any forest lands covered by sections 38-401—38-410, Idaho Code, before becoming effective, shall be submitted to, and be approved by the state board of land commissioners.
[38-402, added 1945, ch. 74, sec. 2, p. 108; am. 1957, ch. 183, sec. 2, p. 357; am. 1969, ch. 89, sec. 2, p. 296; am. 1974, ch. 17, sec. 13, p. 308.]
The director of the department of lands is hereby authorized and empowered to delegate any power granted to the director under sections 38-401—38-410 to the state forest warden in any forest protective district.
[38-403, added 1945, ch. 74, sec. 3, p. 108; am. 1957, ch. 183, sec. 3, p. 357; am. 1969, ch. 89, sec. 3, p. 296; am. 1974, ch. 17, sec. 14, p. 308.]
The director of the department of lands is hereby authorized and empowered to enter into agreements with the owners of any forest lands or any operator engaged in operations on lands within the state of Idaho whereby slash is created, and under said contract the director may assume all responsibility created under the forestry laws of the state of Idaho for the management, and reduction of any fire hazard for the protection of forest resources; any such contract shall provide the amount to be paid by the owner or operator to the director by reason of his agreement to assume this responsibility.
[38-404, added 1945, ch. 74, sec. 4, p. 108; am. 1957, ch. 183, sec. 4, p. 357; am. 1969, ch. 89, sec. 4, p. 296; am. 1974, ch. 17, sec. 15, p. 308.]
The management and reduction of such fire hazards for the protection of forest resources shall be carried on by the director of the department of lands and the state forest wardens in keeping with modern and progressive forest practices in furtherance of reforestation and more effective fire control and in accordance with the plans approved by the state board of land commissioners for the several forest protective districts, and the director or state forest wardens are hereby authorized to enter into contracts with forest protective agencies, including agencies of the United States of America, for the management and reduction of such fire hazards for the protection of forest resources when in their opinion the work can best be accomplished in that manner. The director, state forest wardens and recognized forest protective agencies, including any agency of the United States of America, with which the director or state forest warden has entered into an agreement for the management and reduction of any fire hazard for the protection of forest resources as herein provided, and any officer or official of such agency, shall not be liable for any damage to the land, product, improvement or other things of value of whatsoever nature upon the lands on which the fire hazards are being managed or reduced in accordance with provisions of sections 38-401 to 38-410, Idaho Code, inclusive, when all requisite care and caution has been used and such work is being or has been performed in compliance with the plans, programs, rules and contracts approved as provided in section 38-402, Idaho Code.
[38-405, added 1945, ch. 74, sec. 5, p. 108; am. 1953, ch. 219, sec. 1, p. 334; am. 1957, ch. 183, sec. 5, p. 357; am. 1969, ch. 89, sec. 5, p. 296; am. 1974, ch. 17, sec. 16, p. 308.]
The provisions of sections 38-401—38-410, Idaho Code, shall not apply to forest lands belonging to the state of Idaho. Provided, however, the state board of land commissioners may by order direct the director of the department of lands to apply the administration of all the provisions of this chapter to forest lands belonging to the state.
[38-406, added 1945, ch. 74, sec. 6, p. 108; am. 1969, ch. 89, sec. 6, p. 296; am. 1974, ch. 17, sec. 17, p. 308.]
The state treasurer shall be custodian of an account which is hereby created to be known as the "forest management account," into which shall be paid all funds accruing or received under any and all of the provisions of sections 38-401—38-410, Idaho Code.
[38-407, added 1945, ch. 74, sec. 7, p. 108; am. 1987, ch. 192, sec. 5, p. 395.]
All moneys paid to the director of the department of lands, or the state forest wardens, under any contract whereby the director assumes the management and reduction of any fire hazard for the protection of forest resources, shall be deposited with the state treasurer and shall be credited to the forest management fund as herein provided.
All moneys appropriated for, accruing to, or received by said fund are hereby appropriated for the purpose specified in sections 38-401—38-410, Idaho Code, and shall only be used in the protective districts where collected. All funds in, or accruing to, the erosion control account after the effective date of this section shall be credited to the forest practices rehabilitation account created in section 38-1313, Idaho Code.
All moneys deposited in said fund shall remain in the state treasury for the use of the director in the payment of items constituting claims against the fund. This fund may be drawn upon by sight drafts signed by the director and attached to vouchers for the planned expenditure, both in such form as the state controller shall prescribe. At such time as the board of examiners may prescribe the director shall present a complete itemized account of all expenditures from said fund. The said board is authorized to approve or reject any item in said account. If any item thereof is disallowed the director or the state forest warden responsible therefor shall replace the amount thereof in the said fund. The amount of the items allowed shall be credited by the state controller to the director.
[38-408, added 1945, ch. 74, sec. 8, p. 108; am. 1957, ch. 183, sec. 6, p. 357; am. 1969, ch. 89, sec. 7, p. 296; am. 1973, ch. 111, sec. 1, p. 201; am. 1974, ch. 17, sec. 18, p. 308; am. 1987, ch. 192, sec. 6, p. 395; am. 1994, ch. 180, sec. 67, p. 471.]
The director of the department of lands shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code.
[38-409, added 1945, ch. 74, sec. 9, p. 108; am. 1957, ch. 183, sec. 7, p. 357; am. 1969, ch. 89, sec. 8, p. 296; am. 1971, ch. 136, sec. 23, p. 522; am. 1974, ch. 17, sec. 19, p. 308.]
Any owner or operator who has entered into a contract with the director of the department of state lands for the management and reduction of any fire hazard for the protection of forest resources and upon payment of the contract price in accordance with the terms of said contract and with the full compliance with the terms of said contract by such owner or operator shall be granted a certificate of clearance and be relieved of any and all further liability and responsibility for the removal or reduction of any such fire hazard.
[38-410, added 1945, ch. 74, sec. 10, p. 108; am. 1957, ch. 183, sec. 8, p. 357; am. 1969, ch. 89, sec. 9, p. 296.]
The provisions of this chapter are hereby declared to be separable, and, if any part hereof is declared to be unconstitutional, such shall not affect the validity of the other portions of this chapter.
[I.C., sec. 38-411, as added by 1957, ch. 183, sec. 9, p. 357.]
In more heavily timbered areas of the state, on lands owned by the federal government, state of Idaho, the counties, individuals, and on land in transit to counties through tax delinquency, devastating forest fires annually denude considerable areas of vegetation and subject such lands to erosion with total loss of top soils; permit an infestation of weeds which imperil adjacent agricultural lands, destroy feed and cover for wild life, and create great distress in agriculture through loss of grazing. Therefore, the seeding of such burned areas to suitable range grasses and/or legumes as soon as possible after the cessation of such fires is declared to be a matter of public welfare to the state.
[38-501, added 1941, ch. 71, sec. 1, p. 135.]
It shall be the duty of the state of Idaho through any legally constituted bureau, division or department thereof having control of any burned over lands, to control erosion thereon, to provide feed and cover for wild life and range for livestock, by providing for seeding grasses and/or legumes. Whenever possible such work shall be done in cooperation with the counties and the federal government, or any agency thereof. It shall be the duty of any officer having charge of any bureau, division or department of the state of Idaho, having under his jurisdiction, lands which may hereafter be burned over, to request the state legislature to provide funds for the seeding of such areas if he has no funds at his disposal which may be used for this purpose.
[38-502, added 1941, ch. 71, sec. 2, p. 135.]
The state of Idaho is hereby authorized to cooperate with the federal government, or any established agency thereof, in any program for seeding burned over areas which shall be deemed advisable, and any bureau, division or department of the state, and also any of the individual counties are empowered to accept any advisable program and to make any necessary regulations which are not in contradiction to the purpose of sections 38-501—38-511. The treasurer of the state of Idaho is hereby directed and authorized to accept any funds or grants in aid from the federal government for the purposes declared in sections 38-501—38-511. Expenditures of such funds shall be in manner provided by law, and in conformance with the provisions of federal requirements.
[38-503, added 1941, ch. 71, sec. 3, p. 135.]
It shall be the duty of the various boards of county commissioners of counties to direct seeding of burned over areas and to prescribe methods by which such seeding shall be done. In doing so such boards are hereby authorized to cooperate with other governmental units and with local, state and federal agencies and also with individual land owners.
[38-504, added 1941, ch. 71, sec. 4, p. 135.]
The boards of county commissioners of the various counties are hereby authorized to create areas that may hereafter be burned over within their respective counties, into "Burn Seeding Areas", and such boards may purchase, or authorize the purchase of seed to seed a part or all of such areas. The county boards are also authorized to enter into contracts with other state agencies or with federal agencies to seed land under the jurisdiction of such agencies within such "Burn Seeding Areas."
Whenever the Board of County Commissioners of any county deems it necessary or desirable to create a "Burn Seeding Area," it must by resolution adopted by a majority of the members of said Board, setting forth in such resolution that such said Burning Seeding Area is necessary within the county, and describing all of the lands included in said area, and fixing a time of hearing. The Clerk of the Board must publish said resolution and a notice requiring all interested persons to appear at a time and place before said Board, as designated in said resolution, and show cause if any they have why said Burn Seeding Area should not be created. Said notice must be published in one issue of a weekly newspaper published in the County. If no newspaper is published in the county, then in such paper as the Board may direct in its resolution. Said resolution and said notice shall provide a date of hearing, which shall be not less than ten days from the date of publication. Upon said hearing, after fully considering said matter, if the Board finds that the creation of said Burn Seeding Area is desirable and necessary, it shall make an order in writing to that effect, and file the same with the Clerk of the District Court in and for said County. Anyone interested may appeal to the District Court under the procedure set forth by Sections 31-1510, 31-1511, 31-1512.
[38-505, added 1941, ch. 71, sec. 5, p. 135.]
Whenever the county board has, pursuant to the provisions contained in sections 38-501—38-511, seeded any area, such board shall prorate the costs and assess the same against the land so seeded. Any state agencies, departments or bureaus having under their jurisdiction land within such areas belonging to the state are hereby authorized and directed to pay the respective assessment against the land under their jurisdiction. Any assessments against land within such areas and any sums due the county for seed furnished to seed burned over land owned by private individuals shall be assessed against such land and entered on the current tax list of the owner thereof, and the charge shall be collected at the same time and in the same manner as general taxes and the lien thereof shall be a charge of equal priority with general taxes.
[38-506, added 1941, ch. 71, sec. 6, p. 135.]
The boards of county commissioners are hereby authorized to appoint or hire a county burn seeding supervisor whose duties shall be as follows:
(1) To advise the board of county commissioners of areas that should be seeded.
(2) To cooperate with the owners of land in this seeding program.
(3) To cooperate with the state and local agencies or agencies of the federal government with any program for seeding which may be operative within the county.
(4) To present to the owners of land and to the board of county commissioners plans for seeding burned over areas.
(5) To do any other things which the board of county commissioners may deem advisable under sections 38-501—38-511.
Such county burn seeding supervisor may be paid his actual expenses incurred by him in the discharge of his duties and may receive compensation for his services in such amounts as may be fixed by the board of county commissioners, payable as a county expense out of the county current expense fund, but not to exceed $8.00 per day or $1,500.00 per annum.
[38-507, added 1941, ch. 71, sec. 7, p. 135.]
It shall be the duty of the board of county commissioners of any county in which a burn seeding program is undertaken to establish a fund to be known as the "Burn Seeding Fund" which shall be created out of the county current expense fund. It shall be created on the first Monday of February of each year. In any county in which emergency shall require immediate action in seeding of such burn seeding areas as may be established, the board of county commissioners having jurisdiction over such areas are empowered to pay such costs incurred in such seeding procedure by issuance of deficiency warrants, and shall provide for retirement of such warrants out of a burn seeding fund to be created as hereinabove provided.
[38-508, added 1941, ch. 71, sec. 8, p. 135.]
Repayments to this fund may be made from the proceeds of a tax levy which may be made by the board of county commissioners which shall not exceed two hundredths percent (.02%) of the market value for assessment purposes on all taxable property in said county. This levy shall be of equal priority with general taxes and shall be collected at the same time and in the same manner as general taxes. Repayments to this fund may also be made from assessments for payments made for seed furnished and services performed in seeding. If payments for seed or services in seeding are not made in the form of cash but are collected in the part of the tax they shall be collected as provided in section 38-506, Idaho Code, and the part assessed for burn seeding costs together with interest thereon at county warrant rates, shall be allocated to burn seeding fund.
[38-509, added 1941, ch. 71, sec. 9, p. 135; am. 1995, ch. 82, sec. 15, p. 227.]
Disbursements from this fund shall be made on order of county commissioners for the purpose of purchasing seed and for services rendered in seeding such burned areas, and any other incidental charges that may be necessary for the operation of sections 38-501—38-511.
[38-510, added 1941, ch. 71, sec. 10, p. 135.]
The board of county commissioners may at its option pay not to exceed one-half (1/2) of the cost of seeding land not owned by the county and may pay the entire cost of seeding county-owned land. The commissioners shall reimburse the current expense fund of the county for the amount of burn seeding fund from the proceeds of the levy provided for in section 38-509.
[38-511, added 1941, ch. 71, sec. 11, p. 135.]
It is hereby declared to be the public policy of the state of Idaho in order to protect and preserve forest resources from the ravages of the Tussock moth, pine beetle and other destructive forests insects, pests and disease, to protect the watersheds of Idaho, to enhance the production of forests, to promote the stability of forest industry and to protect the recreational values of the forests, to independently and through cooperation with the federal government and private timber owners to adopt measures to control, suppress and eradicate outbreaks of the Tussock moth, pine beetle or other destructive forest insects, pests and disease.
This act is declared to be an emergency measure necessary for the preservation of public health and safety, for the preservation of forest resources, for the preservation of the watersheds and for the preservation of recreational values of the forest lands of this state.
[38-601, added 1947, ch. 139, sec. 1, p. 335; am. 1987, ch. 192, sec. 7, p. 396.]
Whenever the director of the department of lands determines that there exists the threat of an infestation of Tussock moth, pine beetle, or other destructive forest insects, pests or disease injurious to the timber or forest growth on forest lands and that said infestation is of such a character as to be a menace to the timber or forest growth of this state, the director of the department of lands may, with the approval of the state board of land commissioners, declare the existence of a zone of infestation, and may declare and fix the boundaries so as to definitely describe and identify the zone of infestation.
Thereupon, the director of the department of lands or his agent shall have the power to go upon the land within said zone of infestation and shall cause the insect, infestation or disease to be suppressed, eradicated and destroyed in the manner approved by the state board of land commissioners and in order to accomplish the purposes of this chapter the director of the department of lands may enter into cooperative agreement with the federal government and other public or private agencies and with timber land owners using such funds as have been or may hereafter be made available for such purposes; provided, that whenever the cost of suppression and eradication of forest insects, pests or diseases on forest lands exceeds the funds appropriated or otherwise available for that purpose, the state board of land commissioners may authorize the issuance of deficiency warrants against the general account for up to two hundred fifty thousand dollars ($250,000) in any one (1) year for such suppression or eradication.
[38-602, added 1947, ch. 139, sec. 2, p. 335; am. 1987, ch. 192, sec. 8, p. 397; am. 1988, ch. 244, sec. 1, p. 478.]
The director of the department of lands shall develop plans, programs and rules for the regulation, management and control of forest insects, diseases, or other pests. These programs, plans and rules shall include, but are not limited to, the areas of prevention, detection, evaluation and control of such pests.
[38-603, added 1987, ch. 192, sec. 9, p. 397.]
The insect and disease program as described in chapter 6, title 38, Idaho Code, shall be incorporated into the forest protection program and shall be funded by moneys from the general account. Funding for special pest control projects may include an appropriation from the general account, contributions from cooperating landowners who have lands included in the project area, as defined in section 38-602, Idaho Code, or any combination of sources.
[38-604, added 1987, ch. 192, sec. 9, p. 398.]
The state’s share of the costs for special pest control projects for state-owned lands within the project area as described in section 38-602, Idaho code, shall be funded by moneys in the forest pest account, and moneys from the state general account.
[38-605, added 1987, ch. 192, sec. 9, p. 398.]
There is hereby created in the dedicated fund of the state treasury a forest pest account into which shall be paid all moneys collected or received under any and all provisions of this chapter.
[38-606, added 1987, ch. 192, sec. 9, p. 398.]
All special pest control projects and expenditure of funds in the forest pest account shall be approved by the state board of land commissioners.
[38-607, added 1987, ch. 192, sec. 9, p. 398.]
The state of Idaho or the director of the department of lands or his agent shall not be liable for any damage to bees, livestock, or other property or resource injured in the process of treating the infested area under the provisions of sections 38-601—38-608, Idaho Code.
[(38-608) 1947, ch. 139, sec. 3, p. 335; am. and redesignated 1987, ch. 192, sec. 10, p. 398.]
There hereby is created and established in the State University of Idaho, School of Forestry, an experiment station to be known as the Forest, Wildlife and Range Experiment Station of the state of Idaho.
[38-701, added 1939, ch. 259, sec. 1, p. 643.]
The dean of the School of Forestry of the University of Idaho shall be the director of the forest, wildlife and range experiment station of the state of Idaho. The said experiment station shall be under the control of the state board of regents of the University of Idaho who shall have the power and whose duty it shall be to appoint or designate such assistants and employees as may be necessary, and to fix their compensation.
[38-702, added 1939, ch. 259, sec. 2, p. 643.]
It shall be the duty of the forest, wildlife and range experiment station of the state of Idaho to institute and conduct investigations and research into the forestry, wildlife and range problems of the forest lands of the state; to conduct cooperative investigation and research with the board of land commissioners, the state fish and game commission, the Idaho department of agriculture, other schools and colleges of the University of Idaho, and with other departments and branches of the state government when mutually beneficial; with forest protective associations and with private individuals and agencies; with farm bureaus of the state and with the county agents; and to cooperate in investigation and research with the United States government and its branches, as a land grant institution, or otherwise, in accordance with their regulations.
[38-703, added 1939, ch. 259, sec. 3, p. 643; am. 1974, ch. 18, sec. 225, p. 364.]
The forest, wildlife and range experiment station of the state of Idaho is authorized to establish such field experiment substations as in the judgment of the state board of regents may be necessary. The state board of regents is hereby authorized to accept, for and in behalf of the state of Idaho, such gifts of land or other donations as may be made to the state for the purposes of sections 38-701—38-713.
[38-704, added 1939, ch. 259, sec. 4, p. 643.]
The state board of regents may require from said experiment station, such regular and special reports to be prepared and submitted as it deems necessary.
[38-705, added 1939, ch. 259, sec. 5, p. 643.]
Within the state of Idaho, the forest, wildlife and range experiment station is authorized to investigate and conduct research into the various problems incident to the production of timber either by natural or artificial means, its protection against fire, disease and insects, or any other influences tending to kill or destroy mature or immature forest trees, and the problems of management of forest or wild land to the end that the state and its citizens may derive the greatest benefits both economic and social that flow from such production, protection and management.
[38-706, added 1939, ch. 259, sec. 6, p. 643.]
Investigation of and research into the problems connected with the conversion of forests into marketable products and the utilization of wood material to the highest economic advantage together with the reduction of waste through research into new uses of such waste materials customarily resulting from the conversion and manufacture of timber products shall be within the province of the authority of the forest, wildlife and range experiment station.
[38-707, added 1939, ch. 259, sec. 7, p. 643.]
The forest, wildlife and range experiment station is authorized to investigate possibilities and experiment with seeds, nursery stock and otherwise, independently and through cooperation with the agricultural experiment station, the various county agents of the state of Idaho, the federal government by means of the Clarke-McNary Nursery, and with private land owners, in the experimental production of suitable planting stock with the specific purposes in mind of developing suitable tree species for farm wood production, for protection of farmstead buildings, and general windbreak and shelterbelt plantings, and for dry land plantings.
[38-708, added 1939, ch. 259, sec. 8, p. 643.]
It shall be within the purpose of the forest, wildlife and range experiment station to investigate and conduct research into the propagation, protection, taking and productive management of game, fish, fur animals, birds and other wildlife in harmony with other major economic uses of land within the state of Idaho to the end that sportsmen, hunters and the general public, each in their own sphere, may be able to enjoy the presence of and the pursuit of game, fish and wildlife.
[38-709, added 1939, ch. 259, sec. 9, p. 643.]
For the direct purpose of aiding in the management and perpetuation of forage resources so that such resources shall be of the highest use to the state in its support of agriculture, including the livestock industry of the state, and the general public, in their utilization of the forage resources found upon the wild and forest lands within the state of Idaho and without invading the fields of research and investigation designated as belonging to the work of the experiment station of the College of Agriculture of the University of Idaho, the forest, wildlife and range experiment station is authorized to conduct investigations and research into the production, protection, utilization and management for continuous use of all forage and range resources found thereon, and the direct and indirect effects of the use of these resources upon erosion and watershed protection.
[38-710, added 1939, ch. 259, sec. 10, p. 643.]
It shall be the duty of and within the purpose of the forest, wildlife and range experiment station to make recommendations based upon studies and determinations, to the appropriate administrative agencies, concerning the production, management and utilization of the various resources to which the information shall apply and from time to time to publish and to distribute such information as shall be of interest and value to the industries and activities affected.
[38-711, added 1939, ch. 259, sec. 11, p. 643.]
It shall be the duty of all officers and employees of the forest, wildlife and range experiment station, appointed or assigned, to guard carefully all confidential information accumulated in the progress of their work and such information shall be subject to disclosure according to chapter 1, title 74, Idaho Code; and to consider as property of the forest, wildlife and range experiment station all correspondence, notes, illustrations and data of any kind accumulated by them in the execution of the work of the experiment station delegated to them.
[38-712, added 1939, ch. 259, sec. 12, p. 643; am. 1990, ch. 213, sec. 33, p. 508; am. 2015, ch. 141, sec. 81, p. 439.]
If any provision of sections 38-701—38-713 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of sections 38-701—38-713 are declared to be severable.
[38-713, added 1939, ch. 259, sec. 13, p. 643.]
(1) There is hereby created within the Idaho forest, wildlife and range experiment station a "forest, range and wildlife policy analysis group." The forest, range and wildlife policy analysis group shall be under the control of the dean of the college of forestry, wildlife and range sciences of the university of Idaho and shall have the following powers and duties:
(a) A program of continuing inquiry into such public policy issues as may be suggested by the advisory committee described in this act;
(b) The ability to provide timely, scientific and objective data and analysis pertinent to such resource and land use questions which are of general interest to the people of Idaho and which are suggested as worthy of the group’s attention by the advisory committee described herein. Each report of the group shall include a range of actions which might be taken to resolve the issues addressed in the group’s inquiries. In developing such alternatives, the director shall consult with a broad array of public agencies and other interests and shall show potential benefits and detrimental effects of each alternative, and;
(c) Analytical and informational services provided on a contractual basis to those public entities desiring such services in order to better reach more informed decisions regarding the wise use of Idaho’s forest, range and wildlife resources, including fish, wildlife, timber, water, outdoor recreation, forage and aesthetic values. Such contractual services may not be offered at rates less than the college’s actual costs for providing them and must adhere to the highest professional and scientific standards for objective, scientific research. The results of such contractual services provided by this group shall be considered to be public knowledge available to the citizens of Idaho.
(2) The dean of the college of forestry, wildlife and range sciences, in a manner consistent with existing practice for hiring and electing faculty members to the college and its departments, shall as soon as practicable subsequent to the passage of this act, name a director of the forest policy analysis group. The director and staff shall have academic training and managerial skills appropriate to the college and the position and shall be compensated at a rate commensurate with their abilities and experience. The director and staff shall enjoy all protections of academic freedom and tenure that are consistent with general policies and practices of the college. Individual projects and analyses will be conducted by the group’s staff or members of the college’s faculty, or by scientists from other educational institutions or research entities as appropriate.
(3) The dean of the college of forestry, wildlife and range sciences shall name a forest policy advisory committee representative of the entities, both public and private, which have demonstrated interest in the areas of inquiry and conclusions of the group. Members of this committee shall serve without pay and under such terms of service as may be prescribed by the dean. It shall be the responsibility of the committee to review various forest policy issues and suggest the priority, critical focus and appropriateness of these issues for consideration by the forest policy analysis group. The total size of this committee shall not exceed eleven (11) voting members. The dean shall also name a "technical advisory committee" consisting of faculty members and others with a demonstrated technical knowledge of issues or questions posed to the group to help provide guidance and expertise to each of the group’s inquiries.
(4) It shall be the duty of and within the purposes of the forest, wildlife and range experiment station to establish a forest policy analysis series in which to publish all results and findings, whether tentative or conclusive, regarding any and all of the group’s studies. Such publication shall be made freely, without prejudice and in a manner consistent with the highest professional, scientific, and ethical standards. In carrying out the provisions of this section, the director and staff of the forest policy analysis group shall seek the counsel and expertise and generally cooperate with other colleges within the state’s university system, plus other public or private research efforts.
[38-714, added 1989, ch. 206, sec. 1, p. 506; am. 1994, ch. 194, sec. 1, p. 623.]
(1) There is hereby created and established in the university of Idaho, a rangeland center, for the purpose of creating a new model for interdisciplinary research, education and outreach to fulfill the university’s land grant mission. The center shall be comprised of researchers and educators from the college of natural resources, the college of agricultural and life sciences, the university of Idaho cooperative extension and other colleges or units in the university of Idaho, and other research agencies, colleges and universities with expertise in, but not limited to, grazing, rangeland ecology, entomology, soil science, economics, rural sociology, fish and wildlife management, invasive plant management, forage production, animal science, restoration and the use of spatial technologies to understand rangelands.
(2) The fiscal and human resources of the rangeland center shall be under the management of a director who shall hold an academic appointment in a department within the university of Idaho, or joint appointment in departments.
(a) The director shall have the following duties:
(i) To report to the deans of the college of natural resources and the college of agricultural and life sciences and the director of the university of Idaho cooperative extension on rangeland center activities and accomplishments annually and when otherwise requested;
(ii) To work closely with the partner advisory council to identify and set priorities for the rangeland center;
(iii) To seek opportunities, secure resources and promote the work of the rangeland center faculty and staff;
(iv) To provide input for annual evaluation of faculty members who have a portion of their position description dedicated to the rangeland center;
(v) To supervise staff assigned to the rangeland center; and
(vi) To oversee budgets secured by and assigned to the rangeland center.
(b) The rangeland center shall be under the control of the state board of regents of the university of Idaho through the deans of the colleges of natural resources and agricultural and life sciences who shall have the power and whose duty it shall be to appoint or designate the director and such faculty and staff as may be necessary, and to fix their compensation.
(3) The rangeland center shall:
(a) Empower researchers and educators at the university of Idaho who strive to create insight and foster understanding for the stewardship and management of rangelands;
(b) Work in union with external partners to focus research, education and outreach to produce solutions that are responsive and relevant to contemporary rangeland issues;
(c) Engage partners and stakeholders to jointly provide leadership for discovery of new knowledge and create science-based solutions for rangeland management;
(d) Provide objective and relevant rangeland information for individuals, organizations and communities;
(e) Offer learning opportunities for land stewardship;
(f) Establish a partner advisory council for the purpose of setting strategic goals for the rangeland center, assessing accomplishments relative to the strategic goals, conveying resources and opportunities to accomplish the work of the center and any further purposes as determined; and
(g) Encourage and facilitate applied research to address specific issues and management challenges that arise on Idaho’s diverse rangelands.
(4) The partner advisory council shall consist of ten (10) to fifteen (15) members, with a variety of backgrounds, interests and expertise related to rangelands. The initial council shall be appointed by the director of the rangeland center. The council shall establish guidelines for decision making and shall appoint one (1) of its members as chairman who shall thereafter appoint additional members in consultation with the director, not to exceed fifteen (15) members. The council shall meet at a minimum annually and shall conduct annual and five (5) year reviews of the rangeland center and its performance based on strategic goals as established by the council. Such reviews shall be made available to the deans of the college of natural resources and the college of agricultural and life sciences, the director of the university of Idaho cooperative extension, rangeland center faculty members, advisory council members, and their respective stakeholders and constituents.
[38-715, added 2012, ch. 144, sec. 1, p. 379.]
This act shall be known and may be cited as the "Rangeland Center Act."
[38-716, added 2012, ch. 144, sec. 2, p. 380.]
The word "timber" is used in this chapter to designate all logs, boards, planks, lumber, railroad ties, poles, rails, posts, cordwood or beams, and whether in rafts or otherwise, but does not include the sort of wood commonly called driftwood.
[(38-801) R.S., sec. 830; reen. R.C. & C.L., sec. 867; C.S., sec. 1295; I.C.A., sec. 37-301.]
Whenever any timber drifts upon any island in any of the waters of this state, or upon the bank of any such waters, the owner of the timber may remove it on paying or tendering to the owner or occupant of the land the amount of damages which he has sustained by reason thereof, and which may accrue in its removal; and if the parties can not agree as to the amount of such damages, either party may have the same appraised by two (2) disinterested citizens of the county, who may hear the proofs and determine the same at the expense of the owner of the timber.
[(38-802) 1885, p. 177, sec. 1; R.S., sec. 831; reen. R.C. & C.L., sec. 868; C.S., sec. 1296; I.C.A., sec. 37-302.]
If the owner of such timber does not, within three months from the time it was so drifted, take the same away, the owner or occupant of the land must deliver a bill of his charges and appraisement of damages, together with the timber, to the sheriff of the county, and thereafter the sheriff must sell the same after three (3) days’ notice posted in three (3) public places of the precinct.
[(38-803) R.S., sec. 832; reen. R.C. & C.L., sec. 869; C.S., sec. 1297; I.C.A., sec. 37-303.]
When sold, the proceeds of the timber must be applied, first, to the payment of the charges of the sale, and in liquidation of the expenses and damages awarded to the person entitled thereto; and the residue must be paid to the county treasurer, to be by him paid over to the owner, or his representative or assigns, on the production of satisfactory proof of ownership to the magistrate judge, and on his order therefor made within one (1) year after its receipt.
[(38-804) R.S., sec. 833; reen. R.C. & C.L., sec. 870; C.S., sec. 1298; I.C.A., sec. 37-304; am. 2012, ch. 20, sec. 19, p. 71.]
The rejection by the magistrate judge of any claimant’s right to such proceeds is conclusive, unless, within six (6) months thereafter, he commences action therefor. In case no claim is made or sustained to such proceeds, the same must, by the county treasurer, be placed in the common school fund of the county.
[(38-805) R.S., sec. 834; reen. R.C. & C.L., sec. 871; C.S., sec. 1299; I.C.A., sec. 37-305; am. 2012, ch. 20, sec. 20, p. 71.]
No dam or boom must be hereafter constructed or permitted on any creek or river, unless said dam or boom has connected therewith a sluiceway, lock or fixture sufficient and so arranged as to permit timber to pass around, through or over said dam or boom without unreasonable delay or hindrance.
[(38-806) 1885, p. 177, sec. 6; R.S., sec. 835; reen. R.C. & C.L., sec. 872; C.S., sec. 1300; I.C.A., sec. 37-306.]
Any boom or weir in or over any creek or river so constructed as to prevent the passage of logs or lumber, is a public nuisance, which may be abated unless a suitable sluiceway, lock or passage be made thereon, within thirty (30) days after written notice given by any person interested, and any person owning, holding or occupying such boom or weir is liable to pay five dollars ($5.00) for every day the same remains in or over said creek or river, after thirty (30) days’ notice to remove the same, and is liable for any damages sustained by individuals by reason of said boom or weir.
[(38-807) 1885, p. 177, sec. 7; am. R.S., sec. 836; reen. R.C. & C.L., sec. 873; C.S., sec. 1301; I.C.A., sec. 37-307.]
(1) Definitions:
(a) "Person" includes the plural and all corporations, foreign and domestic, copartnerships, firms and associations of persons.
(b) "Forest products." For the purposes of this section only, "forest products" means all products derived from trees including, but not limited to, saw logs, veneer logs, poles, cedar products, pulp logs, fence posts and every form into which a fallen tree may be cut before it is manufactured into lumber or run through a processing mill or cut into cordwood, stove wood or hewn ties.
(c) "Log brand" means a unique symbol or mark placed on or in forest products for the purpose of identifying ownership.
(2) Any owner of forest products in the state of Idaho may use thereon any log brand, which may be applied as a stamped symbol, log brand or affixed tag, not currently registered by any other person in the state; but before any such log brand shall be used, it shall be the duty of such owner intending to use the same to cause a diagram, and a full and complete written description of his log brand, signed by him, to be submitted on "Registration of Log Brands" forms to the office of the Idaho board of scaling practices, who shall record the same upon receipt of a payment of twenty-five dollars ($25.00), provided the log brand is different from any other log brand currently registered in that office. It shall be the duty of the person in charge of the Idaho board of scaling practices office to keep a record of all registered log brands, which record shall at all reasonable times be open to public inspection.
(3) All applications for log brands and/or renewals shall be submitted to and approved by the Idaho board of scaling practices prior to use. Such application shall be made on duplicate log brand registration forms and shall include a diagram or an impression of the log brand stamped on the form, a written description of the log brand and be signed by the person or the agent of the person. The Idaho board of scaling practices may refuse to approve any log brand which is identical to or closely resembles a currently registered log brand. If approval is denied, the applicant will select another log brand. No person shall brand any prize log.
(4) The expiration date for all log brands registered prior to January 1, 1981, shall be February 28, 1994; the expiration date for all log brands registered from January 1, 1981, through December 31, 1985, shall be February 28, 1995; the expiration date for all log brands registered from January 1, 1986 through December 31, 1989, shall be February 28, 1996; the expiration date for all log brands registered from January 1, 1990, through December 31, 1992, shall be February 28, 1997. Beginning January 1, 1993, renewals or newly approved registrations shall expire on February 28, five (5) years after the year of registration or renewal. Notification of expiration will be sent during the month of September of the year preceding the expiration date. A renewal fee of twenty-five dollars ($25.00) shall be charged each time a log brand is renewed by the same person.
(5) To assign ownership of a currently registered log brand, the current registered owner of the log brand shall file with the Idaho board of scaling practices a signed and duly notarized instrument on forms provided by the board. Such forms shall specify the effective date of transfer, the assignee and the log brand to be assigned. A fee of twenty-five dollars ($25.00) shall be charged for each transfer. The transferred log brand will be issued a new registration number and shall expire February 28, five (5) years after the year of the transfer.
Any failure to renew a log brand as required by law shall be deemed an abandonment of same. Abandoned or canceled log brands shall not be reissued for a period of one (1) year unless the Idaho board of scaling practices so authorizes for cause. Any other person may be at liberty to adopt or use the abandoned log brand; but the other person shall not claim or use it until after it has been registered in the other person’s own name as provided by this section.
(6) Failure to comply with the provisions of this section shall be deemed a violation of the log brand law. Upon request of the Idaho board of scaling practices or its chairperson, it shall be the duty of the attorney general to institute and prosecute civil enforcement actions. In addition, when deemed by the board to be necessary, the board may retain private counsel to institute and prosecute civil enforcement actions. Any person who has been determined to have violated the provisions of this chapter shall be liable for any expense, including reasonable attorney’s fees, incurred by the state in enforcing the provisions of this chapter. Any violation of this section shall be deemed a misdemeanor and any person, upon conviction, shall be sentenced to pay a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
[38-808, added 1973, ch. 198, sec. 1, p. 449; am. 1993, ch. 92, sec. 1, p. 219; am. 1995, ch. 177, sec. 1, p. 660; am. 2008, ch. 200, sec. 2, p. 646.]
All logs or timbers suitable for manufacture into lumber, ties, poles, or other timber products, not bearing a legally recorded mark or marks, which shall be placed aboard a transport vehicle for land transportation or placed afloat on a waterway, or permitted to be afloat upon any of the public waters of this state, not confined in booms or rafts, and all such logs or timbers bearing a legally recorded mark or marks not claimed within one (1) year after being placed in transit or afloat shall be prize logs, and no evidence of any private ownership thereof shall be admissible in any proceeding. Prize logs shall be sold by or under the direction of the Idaho board of scaling practices, and the proceeds of such sale, after deducting the expense of the sale and transportation or other charges incurred in getting said logs to the sale site shall go into the state scaling fund. Such sale shall be at public auction after publication of notice of time and place thereof for not less than three (3) consecutive weeks in a newspaper of general circulation printed and published in the county in which the sale is to be held. It shall be the duty of every person having custody or possession of prize logs to deliver them to the Idaho board of scaling practices upon demand.
[38-809, added 1973, ch. 198, sec. 2, p. 449; am. 2008, ch. 200, sec. 3, p. 647.]
It shall be unlawful for any individual or corporation to sell or offer for sale or dispose of, in any manner, any lumber or lumber products which have been imported into the state of Idaho from any foreign country without the same being plainly labeled in such a manner as to show the country from which said product came or in which they were produced.
[38-1101, added 1965, ch. 174, sec. 1, p. 358.]
Any person or persons violating any of the provisions of this act shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).
[38-1102, added 1965, ch. 174, sec. 2, p. 358.]
Every person practicing or offering to practice log scaling as herein defined, shall submit evidence of his qualifications and be licensed as hereinafter provided; and it shall be unlawful for any person to practice or offer to practice log scaling where the scaled quantities derived from such scaling shall be used for commercial purposes in this state, unless such person has been duly licensed under the provisions of this act, or is an apprentice under the supervision of a licensed scaler.
[38-1201, added 1969, ch. 91, sec. 1, p. 305; am. 1979, ch. 303, sec. 1, p. 823; am. 1998, ch. 87, sec. 1, p. 297.]
As used in this chapter, unless the context or subject matter requires otherwise:
(1) Scaler and Professional Scaler. A person who is qualified by reason of his knowledge of the principles of scaling acquired by professional education and/or practical experience, to engage in the practice of scaling forest products.
(2) Scaling. The quantitative measurement of logs or other forest products by means of a log rule. The term "scaling" shall include any professional scaling service rendered in connection with the measurement of forest products, or supervision of scaling when such service is rendered requiring the application of scaling principles and data.
(3) Board. The Idaho board of scaling practices.
[38-1202, added 1969, ch. 91, sec. 2, p. 305; am. 1979, ch. 303, sec. 2, p. 823; am. 1991, ch. 175, sec. 1, p. 426; am. 1998, ch. 87, sec. 2, p. 297; am. 2008, ch. 200, sec. 4, p. 648.]
(1) A board to be known as the "Idaho board of scaling practices" is hereby created in the department of lands. It shall consist of the director of the department of lands and six (6) members appointed by the governor from among nominees representing the following segments of the timber industry of Idaho: manufacturing, logging and transportation, nonindustrial private forest landowners and industrial forest landowners. Provided that:
(a) Two (2) board members shall be appointed from nominees provided to the governor by companies processing scaled logs within the state of Idaho to represent the interests of the manufacturing segment of the timber industry, one (1) member from companies consuming less than one hundred million (100,000,000) board feet of logs annually and one (1) member from companies consuming more than one hundred million (100,000,000) board feet of logs annually.
(b) Two (2) board members shall be appointed from nominees provided to the governor by the associated logging contractors of Idaho, inc., to represent the interests of the logging and transportation segment of the timber industry, one (1) member from north of the Salmon river and one (1) member from south of the Salmon river.
(c) One (1) board member shall be appointed from nominees provided to the governor by the Idaho forest owners association to represent the interests of nonindustrial private forest landowners throughout the state. The person representing nonindustrial private forest landowners shall own not more than fifty thousand (50,000) acres of private forest land and shall not own or control a forest products manufacturing facility within the state. In choosing this person, the governor shall give preference to persons with a demonstrated history of selling timber or logs to a variety of purchasers and who have scaling or forest management experience.
(d) One (1) board member shall be appointed from nominees provided to the governor by timber growing landowners holding more than fifty thousand (50,000) acres of forest land within the state of Idaho, to represent the interests of industrial forest landowners.
(e) No person or legal entity representing the interests of manufacturing or industrial forest landowners shall have more than one (1) board seat at the same time.
(2) The members of the board shall have the qualifications required by section 38-1204, Idaho Code. The members of the board shall be appointed for a three (3) year term. Each member of the board shall take, subscribe and file the oath required by sections 59-401 through 59-408, Idaho Code, before entering upon the duties of his office. On the expiration of the term of any member, his successor shall be appointed in like manner by the governor for a term of three (3) years and unexpired terms shall be filled for the unexpired balance of the term. Upon expiration of the term of office, a member shall continue to serve until a successor shall have been appointed.
[38-1203, added 1969, ch. 91, sec. 3, p. 305; am. 1972, ch. 114, sec. 1, p. 229; am. 1974, ch. 17, sec. 20, p. 308; am. 1986, ch. 330, sec. 1, p. 813; am. 1999, ch. 120, sec. 1, p. 357; am. 2008, ch. 200, sec. 1, p. 645; am. 2012, ch. 204, sec. 1, p. 544.]
Appointive members of the board shall be citizens of the United States and residents of this state, and they shall have been regularly engaged in the timber products industry for at least five (5) years, and at least two (2) of whom shall have had experience in or knowledge of the practice of scaling.
[38-1204, added 1969, ch. 91, sec. 4, p. 305; am. 2008, ch. 201, sec. 1, p. 649.]
Each member of the board shall be compensated as provided in section 59-509(m), Idaho Code.
[38-1205, added 1969, ch. 91, sec. 5, p. 305; am. 1979, ch. 311, sec. 1, p. 841; am. 1980, ch. 247, sec. 31, p. 603; am. 1986, ch. 330, sec. 2, p. 813; am. 2021, ch. 28, sec. 1, p. 68.]
The governor may remove any member of the board for misconduct, incompetency, neglect of duty, or for any other sufficient cause. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor as provided in section 38-1203.
[38-1206, added 1969, ch. 91, sec. 6, p. 305.]
The board shall hold a meeting within thirty (30) days after its members are first appointed and thereafter shall hold at least two (2) regular meetings each year. The rules may provide for such additional regular meetings and for special meetings. Notice of all meetings shall be given as may be provided in the rules. The director of the department of lands shall be chairman of the Idaho board of scaling practices and the board shall annually elect a vice-chairman and a secretary, who shall be members of the board. Four (4) members shall constitute a quorum.
[38-1207, added 1969, ch. 91, sec. 7, p. 305; am. 1970, ch. 185, sec. 1, p. 534; am. 1974, ch. 17, sec. 21, p. 308; am. 1979, ch. 311, sec. 2, p. 841; am. 2003, ch. 95, sec. 1, p. 280; am. 2008, ch. 200, sec. 5, p. 648.]
The board shall have the power to adopt and amend rules and regulations as provided in chapter 52, title 67, Idaho Code, and such rules and regulations, not inconsistent with the constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties and the administration of the act. It shall adopt and have an official seal. It shall have power to hire employees, provide and equip an office as may be reasonably necessary for the proper performance of its duties.
The board shall have the power and duty to administer provisions of this act and may under the hand of its chairman and the seal of the board, subpoena witnesses and compel their attendance, and may require the production of books, papers, and other documents in any case or proceeding involving the revocation or suspension of a license issued under authority of this act or the practice or offer to practice scaling without a license in the state of Idaho. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. If any person shall refuse to obey any subpoena so issued, or shall refuse to testify or produce any books, papers, or documents, the board may present its petition to the district judge of the district in which the witness may be found, setting forth the proceedings theretofore taken by the board to subpoena the witness and the failure of the witness to attend and briefly stating the subject matter upon which the testimony of the witness is required by the board; thereupon, such district judge may cause an order to be issued, requiring such witness to appear before the board to testify and to produce such books, papers and other documents as may be deemed necessary and pertinent by the board. Any person failing or refusing to obey such order shall be punished as for contempt of court, and any person failing to obey the subpoena of the board shall be guilty of a misdemeanor and shall be punished accordingly.
[38-1208, added 1969, ch. 91, sec. 8, p. 305; am. 1970, ch. 185, sec. 2, p. 534.]
(a) The board is hereby authorized and directed to levy an assessment on the scale of all forest products harvested within the state of Idaho in an amount not to exceed twenty cents (20¢) per thousand (1,000) board feet or twelve cents (12¢) per cunit, and no such assessment shall be levied more than once on any forest product except as herein expressly provided. The board shall set times and places for its meetings and shall hold not less than two (2) meetings in each calendar year. The board shall designate a meeting date on which a budget shall be adopted and assessment shall be levied. Notice of such meeting shall be given thirty (30) days prior thereto in a newspaper of general circulation throughout the state. The board shall designate and levy an assessment as herein provided to raise moneys necessary to fund operations of the board and the state scaling program established by this chapter based upon the budget adopted and notice of such levy shall be given in the notice of the budget. The budget and assessment shall become effective upon adoption by the board. In the event a written request is made therefor by any interested person within thirty (30) days after notice of the budget and assessment has been published, the board shall set a time and place for a hearing at which any person may submit recommendations for changes in the budget and the assessment. Thereafter the board shall either confirm or modify the budget and assessment and cause notice of such action to be published in a newspaper of general circulation throughout the state within ten (10) days after such action. If the budget or the assessment is modified, the modification shall become effective upon publication. Such hearing shall be held not later than thirty (30) days after receipt of a written request therefor.
(b) The assessment herein provided shall be levied against, and paid by both, the timber owner and the timber purchaser, provided that no assessment shall be levied against the timber owner on forest products harvested from lands owned by the United States of America or the state of Idaho. Said assessment shall be levied twice in an equal amount, once against the timber owner and once against the timber purchaser. The term "purchaser" as used herein shall also include the owner of the timber where the owner processes or utilizes the forest products in its operations or where the owner sells forest products outside the state of Idaho and the forest products are scaled within the state of Idaho, provided that the assessment provided in this chapter shall not be levied against the United States of America, nor the state of Idaho, nor any unit nor agency thereof. The timber purchaser shall withhold any assessment money owed by the timber owner and said money so withheld shall be paid to the board. All assessment money shall be transmitted by the timber purchaser to the board on or before the twentieth day of each month for all timber harvested during the previous month.
(c) The secretary of the board shall receive and account for all moneys derived under the provisions of this act, and shall pay the same monthly to the state treasurer, who shall keep such moneys in a separate account to be known as the "state scaling account," which is hereby created in the state treasury. Such account shall be kept separate and apart from all other moneys in the treasury, and shall be paid out only on approval of the board. All moneys in the "state scaling account" are hereby continually appropriated for the use of the board. The board may establish, maintain and use a rotary fund as provided by state law. The secretary of the board shall give a surety bond to the state in such sum as the board may determine. The premium on said bond shall be regarded as a proper and necessary expense of the board, and shall be paid out of the "state scaling account." The secretary of the board shall receive such salary as the board shall determine in addition to the compensation and expenses provided in section 38-1205, Idaho Code. The board may employ such clerical or other assistants as are necessary for the proper performance of its work, and may make expenditures of this account for any purpose which in the opinion of the board is reasonably necessary for the proper performance of its duties under this act. All warrants on said "state scaling account" shall be drawn by the state controller on vouchers by the board and the state board of examiners.
[38-1209, added 1969, ch. 91, sec. 9, p. 305; am. 1970, ch. 185, sec. 3, p. 534; am. 1979, ch. 311, sec. 3, p. 842; am. 1980, ch. 66, sec. 1, p. 136; am. 1987, ch. 196, sec. 1, p. 409; am. 1989, ch. 242, sec. 1, p. 590; am. 1991, ch. 175, sec. 2, p. 427; am. 1993, ch. 130, sec. 1, p. 325; am. 1994, ch. 180, sec. 68, p. 471; am. 2005, ch. 29, sec. 1, p. 140; am. 2010, ch. 91, sec. 1, p. 176.]
The board shall keep a record of its proceedings and a register of all applications for registration, which register shall show (a) the name, age and residency of each applicant; (b) the date of the application; (c) the place of business of such applicant; (d) his qualifications as a scaler; (e) whether the applicant was rejected; (f) whether a certificate of registration was granted; (g) the dates of the action of the board; and (h) such other information as may be deemed necessary by the board.
The records of the board shall be prima facie evidence of the proceedings of the board set forth therein, and a transcript thereof, duly certified by the secretary of the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced. Annually the board shall submit to the governor a report of its transactions of the preceding year, and shall also transmit to him a complete statement of the receipts and expenditures of the board, attested by affidavits of its chairman and its secretary.
[38-1210, added 1969, ch. 91, sec. 10, p. 305.]
A roster showing the names and places of business of all licensed scalers shall be published by the secretary of the board during the month of December of each year. Copies of this roster shall be mailed to each person so registered, and furnished to the public upon request.
[38-1211, added 1969, ch. 91, sec. 11, p. 305; am. 1991, ch. 30, sec. 7, p. 62.]
Except as herein otherwise expressly provided, no license shall be issued until an applicant has successfully passed an examination given by or under the supervision of the board, nor shall a license be issued to an applicant having habits or character that would justify revocation or suspension of his certificate.
Each applicant must furnish minimum evidence that he is qualified to take the examination as required by this act. In addition the applicant must furnish evidence satisfactory to the board that the applicant possesses knowledge and skill of a character satisfactory to the board and indicating that the applicant is competent to practice scaling.
Any person having the necessary qualifications prescribed in this act to entitle him to be licensed as a log scaler shall be eligible for such registration although he may not be practicing his profession at the time of making his application.
[38-1212, added 1969, ch. 91, sec. 12, p. 305.]
Applications for registration shall be on forms prescribed and furnished by the board. The application shall be made under oath, and shall show the applicant’s education, experience and a detailed summary of his technical work; and the applicant shall furnish not less than three (3) references.
The registration fee for professional scalers shall be twenty-five dollars ($25.00) which shall accompany the application for examination.
[38-1213, added 1969, ch. 91, sec. 13, p. 305; am. 1986, ch. 330, sec. 3, p. 813.]
Examinations shall be held at such times and places as the board shall determine. Examinations shall be required on fundamental scaling subjects.
The scope of the examination shall be prescribed by the board with special emphasis to the applicant’s ability to perform scaling. A candidate failing his first examination may apply for re-examination at any regular examination time without filing a new application and shall be entitled to such re-examination on payment of an additional fee of twenty-five dollars ($25.00). A candidate who fails on re-examination must file a new application before he can again be admitted to examination, and such new application shall not be filed prior to thirty (30) days following the date of the last examination taken by the applicant.
The board shall issue a certificate of registration upon payment of registration fee as provided for in this act, to any applicant who, in the opinion of the board, has satisfactorily met all of the requirements of this act. Certificates of registration shall show the full name of the registrant, shall give a serial number, and shall be signed by the chairman and the secretary of the board under seal of the board.
The issuance of a certificate of registration by the board shall be prima facie evidence that the person named therein is entitled to all the rights and privileges of a registered professional log scaler and is licensed to scale under the act.
[38-1214, added 1969, ch. 91, sec. 14, p. 305; am. 1986, ch. 330, sec. 4, p. 814.]
The director of the department of lands shall, with approval of the board, appoint such qualified licensed scalers as checkscalers as may be needed to perform checkscaling within the state. Checkscalers employed by the state of Idaho shall be nonclassified employees, and shall be exempt from the provisions of chapter 53, title 67, Idaho Code. Criteria for conducting such checkscaling and a minimum number of logs and/or volume to be considered adequate for a valid checkscale shall be determined by the board, and shall guide the appointed scaler in performance of his checkscaling duties. The cost of all checkscales other than in the regular course of the checkscaler’s duties shall be paid by the person requesting the same or by the party in error where the checkscaler finds and determines scaling error outside the allowable limits set by the board. All checkscaling costs shall be determined by using the costs of checkscaling at the time of request as determined by the board. The checkscaler shall make a report of his findings to the board within a reasonable time after each checkscale and said report shall be accepted as prima facie evidence of the facts stated in such report. Any person directly affected by said report shall be entitled to receive a copy of said report as soon as the checkscale has been completed.
All checkscalers appointed by the board shall obtain and execute a bond to the board for the benefit of those businesses and/or persons using the services of the checkscaler covering the performance of his checkscaling duties, which bond shall be in the sum of one thousand dollars ($1,000), executed by a qualified surety, duly authorized to do business in this state, upon the condition that said applicant, if said bond be issued to him, shall conduct his checkscaling duties without fraud or fraudulent misrepresentation and will faithfully perform his duties as a checkscaler for those persons using his services; said bond to be reissued annually on or before the 1st day of July each year, and said bond shall be filed with the board.
The premium on said checkscalers’ bonds shall be regarded as a proper and necessary expense of the board, and shall be paid out of the "state scaling account."
[38-1215, added 1969, ch. 91, sec. 16, p. 305; am. 1970, ch. 185, sec. 4, p. 534; am. 1974, ch. 17, sec. 22, p. 308; am. 1979, ch. 139, sec. 1, p. 435.]
The board shall establish and prescribe the criteria and basis for issuing apprenticeship certificates and for issuing temporary permits; provided, however, that an apprentice shall be authorized to scale only under the direct supervision of a licensed scaler and temporary permits may be issued only where there are no available scalers in the area and the surrounding circumstances warrant the issuance of a temporary permit. Temporary permits may be issued for such time periods and at such fee as may be determined by the board, provided, however, that a temporary permit shall not be issued for a period of time in excess of three (3) months. Apprenticeship certificates shall require the apprentice to scale as an apprentice for a period of ninety (90) working days and at the expiration of said ninety (90) day period to take the licensed scalers examination as in this act provided.
[38-1216, added 1969, ch. 91, sec. 17, p. 305.]
Certificates of registration shall expire two (2) years from the last day of June following their issuance or renewal and shall become invalid on that date unless renewed.
As a condition of renewal, a person shall be required to pass an examination as established by the board and pay a renewal fee of twenty-five dollars ($25.00).
[38-1217, added 1969, ch. 91, sec. 18, p. 305; am. 1979, ch. 311, sec. 4, p. 843; am. 1986, ch. 330, sec. 5, p. 814.]
The board shall have power to (1) revoke the certificate of registration or, (2) suspend the certificate of registration, for a period of time not exceeding two (2) years, of any registrant who is found guilty of:
(a) The practice of any fraud or deceit in obtaining a certificate of registration;
(b) Gross negligence, incompetency, habitual intemperance, insanity, conviction of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, or misconduct in the practice of professional scaling as a registered professional scaler.
Any person may prefer charges, based on any of the grounds listed in this section, against any registrant. Such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the secretary of the board.
All charges, unless dismissed by the board as unfounded or trivial, shall be heard by the board as soon as possible but not to exceed three (3) months after the date on which they shall have been preferred.
The time and place for said hearing shall be fixed by the board and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on, or mailed to the last known address of, such registrant at least thirty (30) days before the date fixed for the hearing. At any hearing, the accused registrant shall have the right to appear personally and by counsel to cross-examine witnesses in his own defense.
If, after such hearing, three (3) or more members of the board vote in favor of finding the accused guilty, the board shall revoke or suspend, as herein provided, the certificate of registration of such registered professional scaler.
In addition to the foregoing, provisions contained in chapter 52, title 67, Idaho Code, shall also apply.
[38-1218, added 1969, ch. 91, sec. 19, p. 305; am. 1970, ch. 185, sec. 5, p. 534; am. 2020, ch. 175, sec. 5, p. 509.]
The board, for reasons it may deem sufficient, may reissue or reinstate a certificate of registration to any person whose certificate has been revoked or suspended, provided three (3) or more members of the board vote in favor of such reissuance or reinstatement. A new certificate of registration, to replace any certificate revoked, lost, destroyed or mutilated, may be issued, subject to the rules of the board, and upon payment of such reasonable charge therefor as shall be fixed by the board to cover the estimated cost of investigation and such reissuance, but not exceeding twenty-five dollars ($25.00) in any case.
[38-1219, added 1969, ch. 91, sec. 20, p. 305; am. 1979, ch. 311, sec. 5, p. 843.]
(a) The method of scaling the various forest products for commercial purposes shall be in accordance with the board’s administrative rules.
(b) For the purpose of payment for logging or hauling logged forest products only, forest products shall be measured by gross weight, or by gross volume converted to gross decimal "C" or gross cubic volume.
(c) Forest products scaled or otherwise measured by or for any agency of the United States government shall not be affected by this act. The licensing and bonding provisions of this act do not apply to any person measuring logs for any agency of the United States government, unless such agency so elects.
(d) Measurement may be determined by a sampling process.
[38-1220, added 1969, ch. 91, sec. 21, p. 305; am. 1979, ch. 303, sec. 3, p. 824; am. 1979, ch. 311, sec. 6, p. 844; am. 1998, ch. 87, sec. 3, p. 298.]
(a) The chairman of the Idaho board of scaling practices shall cause investigations to be made upon the request of the board or upon receipt of information concerning an alleged violation of this chapter or of any rule, order or license issued or promulgated thereunder, and may cause to be made such other investigations as the chairman shall deem advisable.
(b) The chairman or the chairman’s designee shall have the authority to:
(1) Conduct a program of continuing surveillance and of regular or periodic inspection of log scaling sites.
(2) Enter at all reasonable times upon any private or public property for the purpose of inspecting or investigating to ascertain possible violations of this chapter or of any rule, order or license issued or promulgated thereunder.
(c) Whenever the chairman determines that any person or legal entity is in violation of any provisions of this chapter or any rule, order or license issued or promulgated pursuant to this chapter, the chairman may initiate a civil enforcement action through the attorney general and/or a criminal action through the prosecuting attorney as provided in section 38-1221, Idaho Code. Civil enforcement actions shall be commenced and prosecuted in the district court in and for the county in which the alleged violation occurred, and may be brought against any person or legal entity who is alleged to have violated any provisions of this chapter or any rule, order or license which has become effective pursuant to this chapter. Such action may be brought to compel compliance with any provisions of this chapter or any rule, order or license issued or promulgated hereunder and for any relief or remedies authorized in this chapter. Except as provided in section 38-1218, Idaho Code, the chairman shall not be required to initiate or prosecute an administrative action before initiating a civil enforcement action.
(d) Any person or legal entity determined in a civil enforcement action to have violated any provision of this chapter or any rule, order or license issued or promulgated pursuant to this chapter shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) per violation or five hundred dollars ($500) for each day of a continuing violation, whichever is greater. The method of recovery of said penalty shall be by a civil enforcement action in the district court in and for the county where the violation occurred. All civil penalties collected under this chapter shall be paid into the state scaling account.
(e) In addition to such civil penalties, any person or legal entity who has been determined to have violated the provisions of this chapter or any rule, order or license issued or promulgated pursuant to this chapter, shall be liable for any expense, including reasonable attorney’s fees, incurred by the state in enforcing this chapter.
(f) No action taken pursuant to the provisions of this chapter shall relieve any person or legal entity from any civil action and damages that may exist for damage resulting from any violation of this chapter or any rule, order or license issued or promulgated thereunder.
[38-1220A, added 1979, ch. 303, sec. 4, p. 824; am. 1986, ch. 243, sec. 1, p. 661; am. 2008, ch. 200, sec. 6, p. 648.]
(a) Upon request of the board or the chairman, it shall be the duty of the attorney general to institute and prosecute civil enforcement actions as provided in section 38-1220A, Idaho Code. In addition, when deemed by the chairman to be necessary, the chairman may retain private counsel to institute and prosecute civil enforcement actions as provided in section 38-1220A, Idaho Code.
(b) In addition to the above, any person who shall practice, or offer to practice log scaling in this state without being licensed, having a temporary permit or being an apprentice, in accordance with the provisions of this act or any rule, regulation, order or license issued or promulgated thereunder, or any person who shall attempt to use an expired or revoked certificate of registration or practice at any time during a period the board has suspended or revoked his certificate of registration, or any person who shall violate any of the provisions of this act or any rule, regulation, order or license issued or promulgated thereunder, shall be guilty of a misdemeanor, and shall, upon conviction, be sentenced to pay a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). A prosecution for a misdemeanor under this chapter must be commenced by the filing of the complaint or the finding of an indictment within two (2) years after its commission.
The attorney general of this state or any assistant designated by him shall act as legal advisor of the board; and all criminal actions for violations of the provisions of this act shall be prosecuted by the prosecuting attorney of the county or counties in which the violations of the act may be committed.
[38-1221, added 1969, ch. 91, sec. 22, p. 305; am. 1986, ch. 243, sec. 2, p. 662; am. 1993, ch. 91, sec. 1, p. 219.]
Any scaler, seller, user, producer, buyer, or hauler of forest products aggrieved by any checkscaling report may appeal the report to the board. The board shall hear and determine such appeal as a contested case as provided in chapter 52, title 67, Idaho Code.
Any person aggrieved by any action of the board in denying, suspending, or revoking his license may appeal therefrom to the district court as provided in chapter 52, title 67, Idaho Code.
[38-1222, added 1969, ch. 91, sec. 23, p. 305; am. 1970, ch. 185, sec. 6, p. 534; am. 1993, ch. 216, sec. 21, p. 603.]
This act shall be known and may be cited as "The Idaho Forest Practices Act."
[38-1301, added 1974, ch. 197, sec. 1, p. 1506.]
(1) Recognizing that federal, state and private forest lands make a vital contribution to Idaho by providing jobs, products, tax base, and other social and economic benefits, by helping to maintain forest tree species, soil, air and water resources, and by providing a habitat for wildlife and aquatic life, it is the public policy of the state to encourage forest practices on these lands that maintain and enhance those benefits and resources for the people of the state of Idaho.
(2) To encourage uniform forest practices implementing the policy of this chapter, and to provide a mechanism for harmonizing and helping it implement and enforce laws and rules relating to federal, state and private forest land, it is the purpose of this chapter to vest in the board authority to adopt rules designed to assure the continuous growing and harvesting of forest tree species and to protect and maintain the forest soil, air, water resources, wildlife and aquatic habitat.
(3) No unit of local government shall enact any ordinance, rule or resolution which purports to regulate forest practices on the forest land in this state and which conflicts with any provision of this chapter.
[38-1302, added 1974, ch. 197, sec. 2, p. 1506; am. 1991, ch. 244, sec. 1, p. 595; am. 1992, ch. 259, sec. 1, p. 752.]
Unless the context requires otherwise, in this chapter:
(1) "Forest practice" means (a) the harvesting of forest tree species; (b) road construction associated with harvesting of forest tree species; (c) reforestation; (d) use of chemicals or fertilizers for the purpose of growing or managing forest tree species; (e) the management of slashings resulting from harvest, management or improvement of forest tree species; or (f) the prompt salvage of dead or dying timber or timber that is threatened by insects, disease, windthrow, fire or extremes of weather.
(2) "Forest land" means federal, state and private land growing forest tree species which are, or could be at maturity, capable of furnishing raw material used in the manufacture of lumber or other forest products. The term includes federal, state and private land from which forest tree species have been removed but have not yet been restocked, but it does not include land affirmatively converted to uses other than the growing of forest tree species.
(3) "Operator" means a person who conducts or is required to conduct a forest practice.
(4) "Harvesting" means a commercial activity related to the cutting or removal of forest tree species to be used as a forest product. A commercial activity does not include the cutting or removal of forest tree species by a person for his own personal use.
(5) "Rules" means rules adopted by the board pursuant to section 38-1304, Idaho Code.
(6) "Landowner" means a person, partnership, corporation, or association of whatever nature that holds an ownership interest in forest land, including the state and federal government.
(7) "Timber owner" means a person, partnership, corporation, or association of whatever nature, other than the landowner, that holds an ownership interest in forest tree species on forest land.
(8) "Forest regions" means two (2) regions of forest land, one (1) region being north of the Salmon River and one (1) being south of the Salmon River.
(9) "Director" means the director of the Idaho department of lands.
(10) "Department" means the Idaho department of lands.
(11) "Board" means the Idaho board of land commissioners.
(12) "State" means the state of Idaho or any political subdivision thereof.
(13) "Forest practices advisory committee to the board" means that committee appointed by the director as provided in subsection (2)(a) of section 38-1305, Idaho Code.
(14) "Contract area" means the entire acreage which is subject to a single contract as specified in the notification of forest practices, pursuant to section 38-1306, Idaho Code.
(15) "Best management practice (BMP)" means a practice or combination of practices determined by the board, in consultation with the department and the forest practices advisory committee, to be the most effective and practicable means of preventing or reducing the amount of nonpoint pollution generated by forest practices.
(16) "Salvage" means the timely removal of dead and dying timber or timber that is threatened by insects, disease or such physical elements as fire, windthrow, or extremes of weather, and where the removal of such timber will help contain insect or disease outbreaks, aid in the prevention of wildfire, or, over the long term, help protect such resources and values as wildlife, water, soils or air quality.
(17) "Cumulative effects" means the impact on water quality and/or beneficial uses which result from the incremental impact of two (2) or more forest practices. Cumulative effects can result from individually minor but collectively significant actions taking place over a period of time.
[38-1303, added 1974, ch. 197, sec. 3, p. 1506; am. 1980, ch. 64, sec. 1, p. 129; am. 1989, ch. 154, sec. 2, p. 367; am. 1991, ch. 244, sec. 2, p. 596; am. 1991, ch. 245, sec. 1, p. 598; am. 1995, ch. 352, sec. 2, p. 1178.]
The board:
(1) Shall adopt rules for forest regions establishing minimum standards for the conduct of forest practices on forest land. These rules shall be based upon the following criteria:
(a) Provide for the harvesting of forest tree species in a manner that will maintain the productivity of the forest land, minimize soil and debris entering streams and protect wildlife and fish habitat.
(b) Provide for road construction that will insure protection and maintenance of forest productivity, water quality and fish and wildlife habitat during construction and maintenance.
(c) Provide for reforestation that will maintain a continuous growing and harvesting of forest tree species by describing the conditions under which reforestation will be required, specifying the minimum number of trees per acre and the maximum period of time allowed after harvesting for establishment of forest tree species, and requiring stabilization of soils which have become exposed as a result of harvesting; however, an acreage exemption from reforestation may be established except that on such land exempted within one (1) year following harvesting, some form of vegetative cover shall be required sufficient to provide continuing soil productivity and stabilization.
(d) Provide for the use of chemicals or fertilizers in such a manner that the public health and aquatic and wildlife habitat will not be endangered from their handling, storage and application.
(e) Provide for management of slashings resulting from the harvesting, management or improvement of forest tree species in that manner necessary to protect reproduction and residual stands, to reduce risk from fire and insects and disease, to optimize the conditions for future regeneration of forest tree species, and to maintain air and water quality and fish and wildlife habitat.
(f) Provide for the timely salvage logging on all forest lands of dead or dying timber or timber that is threatened by various physical elements. Rules developed pursuant to this section shall consider both the economic value of the timber to be salvaged, the immediate costs of the salvage efforts, and the long-term costs to all forest resources and values associated with insect, disease or fire conditions which might otherwise be controlled by the salvage operations. The provisions of this subpart shall not apply to single contiguous forest ownerships less than two thousand (2,000) acres in size. Nothing in this paragraph shall be construed as requiring the removal of timber from private lands against the wishes of the private landowner.
[38-1304, added 1974, ch. 197, sec. 4, p. 1506; am. 1991, ch. 245, sec. 2, p. 600.]
The department:
(1) Shall administer and enforce this act;
(2) (a) Shall, through the director, appoint a forest practices advisory committee to the board for the purpose of providing technical advice to the board in carrying out the board’s powers and duties as set forth in section 38-1304, Idaho Code. The forest practices advisory committee is composed of nine (9) members, three (3) residing in the north forest region and three (3) residing in the south forest region, and three (3) members shall be Idaho residents. All members of the committee shall be qualified by experience and/or training to provide technical advice related to forest practices. Of the three (3) members residing in each forest region, one (1) member shall be either a private landowner, a private timber owner, or authorized representative of the landowner or timber owner who regularly engages in forest practices; one (1) member shall be an operator; and one (1) member shall be a representative of the general public. Of the remaining three (3) members who are Idaho residents: one (1) member shall be qualified by training and experience as a fisheries biologist; one (1) member shall be a nonindustrial forest landowner; and one (1) member shall be an at-large member. Members of the forest practices advisory committee shall be appointed by the director for three (3) year terms. Appointments under this subsection shall be made by the director within sixty (60) days after the effective date of this section. If there is a vacancy, for any cause, the director shall make an appointment to become immediately effective for the unexpired term. Said appointee shall possess the same qualifications under this section as the person being replaced. The committee shall select a chairman from among its members. A member of the department of lands shall be designated by the director to serve as secretary, without voting power, for the committee.
(b) Notwithstanding the terms of the committee members specified by subsection (2)(a) of this section, of the members first appointed to each such committee:
(i) Two (2) shall serve for a term of one (1) year;
(ii) Two (2) shall serve for a term of two (2) years;
(iii) Three (3) shall serve for a term of three (3) years.
(3) Shall advise and assist the board in the discharge of its duties as set forth in this act;
(4) Shall achieve coordination among state agencies which are concerned with the forest environment;
(5) Shall cooperate with and provide advice to landowners and timber owners in the management of forest lands;
(6) May enter into cooperative agreement or contracts which may be necessary in the administration of this act;
(7) All site-specific BMPs approved at the time of the effective date of this act shall remain in force and be enforced by the designated agency;
(8) Shall develop methods for controlling watershed impacts resulting from cumulative effects. The department shall form a cumulative effects watershed cooperative including, but not limited to, state and federal land managing agencies and owners of industrial private forest land, to serve as a clearinghouse for comparing and evaluating shared watershed information. The director shall select an interdisciplinary task force including appropriate technical specialists and affected landowners and shall, in consultation with the task force, formulate methods for controlling cumulative effects.
[38-1305, added 1974, ch. 197, sec. 5, p. 1506; am. 1989, ch. 154, sec. 3, p. 368; am. 1991, ch. 244, sec. 3, p. 597; am. 1995, ch. 352, sec. 3, p. 1179; am. 2004, ch. 264, sec. 1, p. 743.]
(1) Before commencing a forest practice, the department shall be notified as required in subsection (2) of this section. The notice shall be given by the operator; however, the timber owner or landowner satisfies the responsibility of the operator under this subsection. When more than one (1) forest practice is to be conducted in relation to harvesting of forest tree species, one (1) notice including each forest practice to be conducted shall be filed with the department. A woodland management plan prepared by the woodland foresters of the department or approved by the board of supervisors of a soil conservation district shall constitute suitable notification of a forest practice when filed with the department, provided the woodland management plan contains the information required in subsection (2) of this section.
(2) The notification required in subsection (1) of this section shall be on forms prescribed and provided by the department and shall include the name and address of the operator, timber owner, and landowner, the legal description of the area in which the forest practice is to be conducted, and other information the department considers necessary for the administration of the rules adopted by the board under section 38-1304, Idaho Code.
(3) All notifications must be formally accepted by the department before any forest practice may begin.
(4) The initial purchaser of ties, logs, posts, cordwood, pulpwood and other similar forest products which have been cut from lands within the state of Idaho shall make no such purchase from anyone not having a proper acceptance of forest practice notice.
(5) Promptly upon formal acceptance of the notice, but not more than fifteen (15) days from formal acceptance of the notice, the department shall mail a copy of the notice to whichever of the operator, timber owner, or landowner that did not submit the notification. The department shall make available to the operator, the timber owner, and landowner a copy of the rules.
(6) An operator, timber owner, or landowner, whichever filed the original notification, shall notify the department of any subsequent change in the information contained in the notification within thirty (30) days of the change. Promptly upon receipt of notice of change, but not to exceed fifteen (15) days from receipt of notice, the department shall mail a copy of the notice to whichever of the operator, timber owner, or landowner that did not submit the notice of change.
(7) The notification is valid for the same period as set forth in the certificate of compliance under section 38-122, Idaho Code. At the expiration of the notification, if the forest practice is continuing, the notification shall be renewed using the same procedures provided for in this section.
(8) If the notification required by subsection (1) of this section indicates that at the expiration of the notification that the forest practice will be continuing, the operator, timber owner, or landowner, at least thirty (30) days prior to the expiration of the notification, shall notify the department and obtain a renewal of the notification. Promptly upon receipt of the request for renewal, but not to exceed fifteen (15) days from receipt of the request, the department shall mail a copy of the renewed notification to whichever of the operator, timber owner, or landowner that did not submit the request for renewal.
(9) The department shall not accept a new forest practices notification from any operator having an outstanding notice of violation until the repairs specified pursuant to section 38-1307(2)(a), Idaho Code, have been completed to the satisfaction of the department.
[38-1306, added 1974, ch. 197, sec. 6, p. 1506; am. 1986, ch. 241, sec. 1, p. 654; am. 1989, ch. 154, sec. 4, p. 369; am. 1990, ch. 125, sec. 1, p. 295; am. 1993, ch. 216, sec. 22, p. 604; am. 1995, ch. 281, sec. 1, p. 941; am. 1995, ch. 352, sec. 4, p. 1180; am. 2007, ch. 90, sec. 18, p. 255.]
Prior to commencing any forest practices, nonresident operators who do not own real property in Idaho shall submit to the department a bond in a form acceptable to the board to insure the performance of the duties of the operator under this chapter and any rules and regulations promulgated hereunder, in the amount of two hundred dollars ($200) per acre for each acre in the contract area, with a minimum bond of five thousand dollars ($5,000) and a maximum bond of fifteen thousand dollars ($15,000).
[38-1306A, added 1980, ch. 64, sec. 2, p. 130.]
(1) At the direction of the board, the department shall require submission of an operating bond, before accepting a forest practices notification, from any operator who has repeatedly or habitually:
(a) Operated without a valid forest practices notification as required in section 38-1306, Idaho Code;
(b) Violated the terms of a stop work order issued pursuant to section 38-1307(2)(b), Idaho Code;
(c) Failed to apply best management practices as required by law and the rules promulgated under this chapter;
(d) Willfully caused degradation to forest soils, air, or water resources; or
(e) Failed to comply with the rules promulgated under this chapter as determined by the board.
(2) The bond shall be in a form, acceptable to the board, to insure the performance of the duties of the operator under this chapter and any rules promulgated thereunder, in the amount of two hundred dollars ($200) per acre for each acre in the contract area included in a forest practices notification, with a minimum bond of five thousand dollars ($5,000) and a maximum bond of fifteen thousand dollars ($15,000).
(3) If the operator is a nonresident operator this bond shall be in addition to the nonresident bond required pursuant to section 38-1306A, Idaho Code.
[38-1306B, added 1995, ch. 281, sec. 2, p. 943.]
(1) When the department determines that an operator violated any provision of this chapter or rule, it shall issue a notice of violation. The notice shall specify the nature of the violation charged and any damage or unsatisfactory condition resulting from the violation.
(2) When a notice of violation is issued under this section, the department:
(a) May issue an order directing the operator immediately to cease further violation and to commence and continue repairing the damage or correcting the unsatisfactory condition, hereinafter referred to as a "cease and repair order".
(b) If after two (2) working days from the delivery of a cease and repair order, the operator fails to cease further violation and to commence and continue repairing the damage or to enter into an agreement to repair pursuant to subsection (2)(d) of this section, in compliance with the order, the department may issue and serve an order directing the operator to cease all forest practices within the contract area, hereinafter referred to as a "stop work order".
(c) The department may initiate the remedies set forth in subsection (2)(e) of this section:
At any time after delivery of the stop work order, if the operator fails to immediately stop work in the contract area;
After five (5) days from the delivery of the stop work order, if the operator fails to comply fully with the cease and repair order; or
At any time after delivery of a notice of violation, if serious or irreparable damage will occur to land as a result of said violation, notwithstanding any other provisions of this chapter.
(d) An operator who has been served with a cease and repair order and who has completed his work in and removed all of his equipment from the contract area, or who cannot enter upon the land to repair the damage because of heavy snow, flooding, or similar serious condition upon the land, may comply with the order by entering into an agreement with the department to commence and thereafter continue to repair the damage within sixty (60) days after repair is practicable following heavy snow, flooding or similar serious condition upon the land.
(e) The department shall initiate the following remedies in accordance with subsection (2)(c) of this section:
The department shall estimate the costs of repair of the damage and reasonable administrative and legal fees to be expended in obtaining a judgment against the operator, and shall notify the operator, timber owner and landowner in writing of the amount of the estimate.
The county attorney for the county where the contract area is situated or the attorney general shall file an action to enjoin the operator’s violations and to recover the costs of repair and administrative and legal fees and/or to foreclose a lien against the operator as set forth in subsection (2)(e)3 of this section. Legal fees recovered in such an action shall accrue to the county attorney and the attorney general according to the proportionate time which each has expended in obtaining the judgment.
A priority lien shall attach to the real and personal property of the operator upon delivery to the operator of a stop work order for the amount not to exceed the estimated costs of repair and reasonable administrative and legal fees to be expended in foreclosing the lien. A written notice of the lien, containing a statement of the estimated costs of repair and reasonable administrative and legal fees, and the names of the parties against whom the lien attached, shall be certified under oath by the department and filed in the office of the county clerk and recorder of the county or counties where the real and personal property of the operator is located and where considered necessary to recover the estimated expenditures. This lien shall be perfected upon filing. This lien shall cease unless legal action is instituted within one (1) year from the date of filing of the notice of the lien.
If the operator is a nonresident who does not own real property in Idaho, the department after hearing, may declare the operator’s bond forfeited or commence legal action against the bond to recover the costs of repair and reasonable administrative and legal fees.
(3) An operator dissatisfied with a stop work order shall have thirty (30) days after service thereof to challenge the order, without administrative review thereof, in a court of proper jurisdiction in the county where the alleged damaged land is situated. In such an action the operator shall bear the burden of proving that the cease and repair order and the stop work order are without merit or basis; or shall have ten (10) days after service thereof to request a hearing before the board, to challenge the merit or basis of either or both orders. In such an action, the operator shall bear the burden of proving that the cease and repair order and the stop work order are without merit or basis. If the board affirms the order(s), the operator may within thirty (30) days after the board’s decision, appeal the decision to the district court for the county where the alleged damaged land is situated. The action in the district court shall be limited to appellate review.
(4) If a nonresident operator who does not own real property in the state of Idaho performs forest practices without first submitting a bond in compliance with section 38-1306A, Idaho Code, or if an operator performs forest practices without first submitting notice to the department in compliance with section 38-1306, Idaho Code, the department may immediately commence legal action to enjoin the operator by temporary restraining order or preliminary injunction, and evoke through the county attorney the misdemeanor penalties of section 38-1310, Idaho Code. The testimony under oath of a department employee or forester that a nonresident operator who does not own property in Idaho is performing forest practices without a bond or that an operator is performing forest practices without having first given notice to the department shall constitute prima facie evidence upon which, if unrebutted, a district court shall issue a temporary restraining order or a preliminary injunction against the operator, to cease all forest practices in the contract area until this act has been fully complied with.
(5) Service of a notice or order under this section shall be made upon the operator or his agent, representative or contractor, by personal delivery or certified mail.
[38-1307, added 1980, ch. 64, sec. 4, p. 130; am. 1986, ch. 241, sec. 2, p. 655.]
The initial purchaser of forest tree species which have been harvested from forest lands shall before making such purchase or contract to purchase, or accepting delivery of the same, must receive and keep on file a copy of the notice required by section 38-1306, Idaho Code, relating to the harvesting practice for which the forest tree species are being acquired by the initial purchaser. Such notice shall be available for inspection upon request by the department at all reasonable times.
[38-1309, added 1974, ch. 197, sec. 9, p. 1506.]
(1) A violation of: subsections (1) through (4) of section 38-1306 or section 38-1312, Idaho Code, an order issued under subsection (2) of section 38-1307, Idaho Code, a rule adopted under section 38-1304, Idaho Code, or a material misrepresentation or false statements in the notice or notice of change required by section 38-1306 or section 38-1312, Idaho Code, is a misdemeanor. Each day’s violation of an order issued under subsection (2) of section 38-1307, Idaho Code, is a separate offense. Each violation of section 38-1309, Idaho Code, is a separate offense.
(2) Fines collected under this act shall be deposited in the general account.
(3) Sections 38-1306 and 38-1307, Idaho Code, do not apply to forest practices performed by the department on forest land owned by the state of Idaho, but do apply to political subdivisions thereof.
[38-1310, added 1974, ch. 197, sec. 10, p. 1506; am. 1988, ch. 211, sec. 1, p. 401.]
The director may delegate to any person within the department the powers and duties of peace officers to enforce this act.
[38-1311, added 1974, ch. 197, sec. 11, p. 1506.]
(1) This act does not prevent the conversion of forest land to any other use. However, conversions shall require the filing of a notification as required in section 38-1306, Idaho Code, as well as compliance with the provisions of this chapter and rules and regulations promulgated pursuant thereto, except for provisions relating to reforestation. When forest land is converted to another use, vegetative cover sufficient to provide continuing soil productivity and stabilization shall be established within one (1) year of completion of the forest practice on disturbed areas larger than one (1) acre, except that the director may grant an extension of time if weather or other conditions interfere.
(2) The provisions of this section shall not apply to activities regulated under chapters 13 and 15, title 47, Idaho Code.
[38-1312, added 1974, ch. 197, sec. 12, p. 1506; am. 1988, ch. 211, sec. 2, p. 401.]
There is hereby created in the dedicated fund in the state treasury a forest practices rehabilitation account, which shall be used by the department to rehabilitate forest lands damaged by a forest practice that is not repaired following the serving of a notice of violation. The department shall recover the costs of repairs and reasonable administrative and legal fees in accordance with subsection (2)(e) of section 38-1307, Idaho Code. Costs of repairs shall be deposited in the forest practices rehabilitation account.
[38-1313, added 1987, ch. 281, sec. 1, p. 592.]
The legislature finds that forest practices conducted on forest land in urbanizing areas are often subjected to nuisance lawsuits, and that such suits encourage and even force the premature removal of the lands from forest uses and in some cases prohibit investments in forest improvements. It is the intent of the legislature to reduce the loss to the state of its forest resources by limiting the circumstances under which forest practices may be deemed to be a nuisance. The legislature also finds that the right to conduct forest practices is a natural right and is recognized as a permitted use in the state of Idaho.
[38-1401, added 1989, ch. 226, sec. 1, p. 541.]
As used in this chapter:
(1) "Forest land" means state and private land growing forest tree species which are, or could be at maturity, capable of furnishing raw material used in the manufacture of lumber or other forest products. The term includes state and private land from which forest tree species have been removed but have not yet been restocked, but it does not include land affirmatively converted to uses other than the growing of forest tree species.
(2) "Forest practice" means:
(a) The harvesting of forest tree species;
(b) Road construction associated with harvesting of forest tree species;
(c) Reforestation;
(d) Use of chemicals or fertilizers for the purpose of growing or managing forest tree species; or
(e) The management of slashings resulting from harvest, management or improvement of forest tree species.
(3) "Improper or negligent operation" means that the forest practice is not undertaken in conformity with federal, state and local laws and regulations, and adversely affects the public health and safety.
[38-1402, added 1989, ch. 226, sec. 1, p. 542.]
No forest practices conducted on forest land or an appurtenance to it shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonforest activities after the same has been in operation for more than one (1) year when the forest practice was not a nuisance at the time the forest practice began; provided, that the provisions of this section shall not apply whenever a nuisance results from the improper or negligent operation of any forest practice conducted on any forest land or appurtenance to it.
[38-1403, added 1989, ch. 226, sec. 1, p. 542.]
Any and all ordinances of any unit of local government now in effect or hereafter adopted that would make the operation of any forest practice conducted on forest land or an appurtenance to it a nuisance in the circumstances set forth in this chapter are and shall be null and void; provided, however, that the provisions of this section shall not apply whenever a nuisance results from the improper or negligent operation of any forest practice on forest land or an appurtenance to it. Provided further, that the provisions of this section shall not apply whenever a nuisance results from a forest practice on forest land located within the corporate limits of any city on July 1, 1989, nor shall the provisions of this chapter affect actions commenced prior to July 1, 1989.
[38-1404, added 1989, ch. 226, sec. 1, p. 542.]
It is in the interest of all the people of Idaho that the abundant forest resources of the state be protected, and properly managed to produce multiple resources and values along with sustained yields of timber to support the economic welfare of the state. Because forest management, on both public and private lands, is important to each citizen of the state, it is the purpose by the enactment of this chapter to promote the economic and environmental welfare of the state by providing a means for the collection and dissemination of information regarding the management of the state’s public and private forest lands and the forest products industry.
[38-1501, added 1992, ch. 163, sec. 1, p. 519.]
As used in this chapter:
(1) "Assessment year" means January 1 through December 31 of any calendar year in which the commission levies an assessment.
(2) "Base year" means the calendar year immediately preceding the assessment year.
(3) "Business entity" means a person, firm, partnership, corporation, association, trust, or other recognized legal entity.
(4) "Commission" means the Idaho forest products commission created by section 38-1503, Idaho Code.
(5) "Financial supporter" means entities who have paid assessments pursuant to this chapter.
(6) "Forest lands" means federal, state, and private land growing forest tree species that are, or could be at maturity, capable of furnishing raw material used in the manufacture of lumber or other forest products. The term includes federal, state, and private land from which forest tree species have been removed but have not yet been restocked, but it does not include land affirmatively converted to uses other than the growing of forest tree species.
(7) "Forest product manufacturer" means a business entity that engages in the processing, cutting, fabricating or other process that converts timber, chips, sawdust, or shavings into lumber, paper, plywood, particle board, or other usable products for sale in commerce. Forest product manufacturers shall include those business entities that buy timber in Idaho and then sell it to other persons outside of the state for manufacture into finished products. Forest product manufacturers shall not include the following business entities engaged in:
(a) The production of fence or corral posts or rails;
(b) Producing shingles or shakes;
(c) Producing firewood or pellets for energy; or
(d) Producing logs that have been shaped or scribed and used in the construction of log structures.
(8) "Hog fuel" means wood or wood scraps that have been shredded or pulverized and used by forest product manufacturers to generate energy.
(9) "Private forest lands" means forest lands not owned by the federal government, state government, an Indian tribe, or a political subdivision of the state.
[38-1502, added 1992, ch. 163, sec. 1, p. 519; am. 1997, ch. 260, sec. 1, p. 743; am. 2003, ch. 101, sec. 1, p. 320; am. 2026, ch. 8, sec. 1, p. 59.]
(1) There is hereby created and established in the department of self-governing agencies the Idaho forest products commission, to be composed of five (5) voting members appointed by the governor from a list of names with at least two (2) names for each appointive office for each district submitted to the governor by the financial supporters of the commission in each district. All commission members shall serve terms of three (3) years, and may be reappointed. The commission may adopt rules, subject to legislative approval, to further define the process for filling vacancies to the commission.
(2) The governor shall name as permanent advisory members to the commission the director of the department of lands, a representative of the United States forest service, the dean of the university of Idaho college of natural resources or the dean’s designee, a representative of the Idaho department of commerce and the Idaho department of agriculture with expertise in marketing and promotion, and the executive director of the associated logging contractors. No advisory member of the commission shall have a vote on the commission.
(3) Nominations for expiring seats on the commission shall be made by the financial supporters of the commission from the district in which the seat is expiring, or from all districts if an at-large member seat is expiring, no later than June 1 of the year in which the seat is expiring. The commission shall provide nomination applications to all financial supporters of the commission. The commission shall send the names of all qualified nominees to the governor and may make its own recommendations and nominations. In making the appointments, the governor shall take into consideration the recommendations made by the commission and organizations that represent or are engaged in harvesting, transporting, or manufacturing forest products.
(4) Vacancies in any unexpired term shall be filled by the governor. The commission shall identify qualified candidates and send their names to the governor. The appointed member shall serve on the commission for the remainder of the unexpired term and shall represent the same region and interests as the person whose seat had become vacant. A member appointed to fill an at-large member vacancy shall represent all regions.
[38-1503, added 1992, ch. 163, sec. 1, p. 519; am. 1995, ch. 255, sec. 1, p. 835; am. 2014, ch. 102, sec. 1, p. 301; am. 2026, ch. 8, sec. 2, p. 60.]
(1) Each member of the commission shall be nominated and appointed because of their knowledge of forest management, the forest products industry, or because they possess communications skills which would enhance the ability of the commission to carry out its duties. Members of the commission shall be residents of the state who derive a substantial part of their income from association with the forest products industry within the state of Idaho. Beginning on July 1, 2014, there shall be a total of five (5) members, including four (4) district members and one (1) at-large member. There shall be one (1) district member from each of the four (4) districts as follows:
District 1. The counties of Boundary, Bonner and Kootenai.
District 2. The counties of Shoshone, Benewah, Latah and Clearwater.
District 3. Idaho county and all counties north of the Salmon river not heretofore named.
District 4. Adams, Valley, Payette, Washington, Ada, Boise, Gem, and all other counties south of the Salmon river not heretofore named.
At-large. There shall be one (1) at-large member from any of the four (4) districts identified herein.
(2) The governor shall assure through his appointments to the commission that the commission membership reflects equitable representation from the timber growing, logging and transportation, and forest products manufacturing segments of the industry.
[38-1504, added 1992, ch. 163, sec. 1, p. 520; am. 2014, ch. 102, sec. 2, p. 302.]
Members of the commission shall be compensated as provided in section 59-509(b), Idaho Code.
[38-1505, added 1992, ch. 163, sec. 1, p. 520.]
(1) The commission may employ clerical or other staff who are not members of the commission.
(2) The commission shall nominate and elect, by majority vote, a chair to serve as the presiding officer at all commission meetings.
(3) The commission may nominate and elect, by majority vote, a vice chair to accept the duties of the chair in the event that the chair is unable to attend a commission meeting.
(4) The term of office for chair and vice chair positions, if elected, shall be one (1) year, commencing on July 30 of each year.
[38-1506, added 1992, ch. 163, sec. 1, p. 520; am. 2026, ch. 8, sec. 3, p. 60.]
The commission shall meet not less than four (4) times each year and at such other times as may be determined by either the chairman or a majority of the commission members. Any meeting may be held at any location within the state, and at any time.
[38-1507, added 1992, ch. 163, sec. 1, p. 520; am. 1995, ch. 255, sec. 2, p. 836.]
(1) Consistent with the general purposes of this chapter, the commission shall establish the policies to be followed in the accomplishments of such purposes.
(2) In the administration of the provisions of this chapter, the commission shall, in conjunction and cooperation with other entities which represent the forest products industry, have the following duties, authorities and powers:
(a) Conduct research and surveys to determine public attitudes and levels of knowledge regarding forest management and the forest products industry;
(b) Design educational campaigns and other needed efforts to provide the public with accurate information regarding the management of Idaho’s forest lands and the forest products industry;
(c) Be an advocate for the proper management of Idaho’s forest lands and for a healthy forest products industry in the state;
(d) Be a source of accurate and timely data regarding the forest resource and the forest products industry;
(e) Make projections regarding future timber supplies, availability of timber, new or existing products and markets, and other biological or social trends which might affect forest management or the forest products industry in Idaho; and
(f) Cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state or by national law, engaged in work or activities similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education and publicity.
(3) The commission shall also have the duty, power and authority:
(a) To take such actions as the commission deems necessary or advisable to stabilize and protect the forest products industry of the state and the health and welfare of the public;
(b) To sue and be sued;
(c) To enter into such contracts as may be necessary or advisable;
(d) To appoint and employ officers, agents and other personnel, including experts in publicizing forest management or the forest products industry, and to prescribe their duties and fix their compensation;
(e) To make use of such advertising means and methods as the commission deems advisable and to enter into contracts and agreements for research and advertising within the state;
(f) To lease, purchase or own the real or personal property deemed necessary in the administration of the provisions of this chapter;
(g) To prosecute in the name of the state of Idaho any suit or action for collection of any tax or assessment provided for in this chapter;
(h) To adopt, rescind, modify and amend all necessary and proper orders, resolutions and regulations for the procedure and exercise of its powers and the performance of its duties;
(i) To incur indebtedness and carry on all business activities; and
(j) To keep books and records and accounts of all its doings, which books, records, and accounts shall be open to inspection by the state controller and public at all times.
[38-1508, added 1992, ch. 163, sec. 1, p. 520; am. 1994, ch. 180, sec. 69, p. 472.]
Irrespective of such actions as may be taken by individual members of the commission, the commission itself shall not use any funds or other resources of the commission to influence the outcome of any election for public office, be it state or federal, or to influence the enactment or defeat of any specific piece of legislation; provided, however, the commission may, in the course of implementation of this chapter, generally and objectively inform the public of legislative or regulatory proposals which may affect the management of public or private forests in Idaho or the forest products industry.
[38-1509, added 1992, ch. 163, sec. 1, p. 522.]
The commission may accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this chapter which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this chapter shall be paid into a bank account in the name of the Idaho forest products commission and such moneys are hereby continuously appropriated and made available for defraying the expenses of the commission in carrying out the provisions of this chapter.
[38-1510, added 1992, ch. 163, sec. 1, p. 522.]
Any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form, and manner as prescribed in chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this chapter.
[38-1511, added 1992, ch. 163, sec. 1, p. 522.]
The commission may appoint clerical or other staff, on either a full or part time basis, who shall devote their time to the administration of the provisions of this chapter. The staff shall be paid reasonable salaries as fixed by the commission, commensurate with their duties and experience.
[38-1512, added 1992, ch. 163, sec. 1, p. 522.]
For the convenience of the majority of those most likely to be affected by the administration of this act, the commission shall establish and maintain an office within the state of Idaho.
[38-1513, added 1992, ch. 163, sec. 1, p. 522.]
The state of Idaho is not liable for the acts or omissions of the commission or any member thereof or any officer, agent or employee thereof.
[38-1514, added 1992, ch. 163, sec. 1, p. 522.]
(1) The commission is hereby authorized to levy the following assessments:
(a) For all forest product manufacturers, an amount no greater than fifty cents (50¢) per thousand board feet or the equivalent thereof for all logs harvested in Idaho, measured or processed by a manufacturing entity located in the state of Idaho, regardless of the state in which the logs may have been cut, or cut within Idaho and then distributed to other persons outside of the state.
(b) For all business entities engaged in the harvest or transport of timber, logs, unfinished lumber, chips, sawdust, shavings, or hog fuel in Idaho, a sum no greater than twenty-five dollars ($25.00) per employee, including single, self-employers and the individuals involved in partnerships, as measured by the records of the department of labor during the month of July of the preceding year, or as provided in subsection (2) of this section, provided, however, those business entities engaged solely in the harvest or transport of those exclusions to forest product manufacturers as set forth in subsection (7)(a) through (d) of section 38-1502, Idaho Code, shall owe no duty or assessment pursuant to this chapter, nor shall any assessment be levied on forest products transported by railroad.
(c) For business entities or persons owning more than ten thousand (10,000) acres of private forest land within the state of Idaho, a sum no greater than ten cents (10¢) per each acre of forest land.
(d) No person, firm, or business entity shall be liable for assessments pursuant to this chapter in more than one (1) of the categories described in this section. In the event that a person, firm, or business entity qualifies to pay more than one (1) assessment as described herein, then the greater of the assessments shall be assessed, due, and payable.
(2) In collecting assessments due the commission, the commission is authorized to cooperate with and coordinate its actions to collect assessments with the various efforts of the Idaho board of scaling practices, the state tax commission, the department of labor, the transportation department, and the department of lands to either collect assessments or taxes due pursuant to the provisions of this chapter or to identify those who may owe assessments pursuant to the provisions of this chapter.
(3) An assessment levied pursuant to this chapter shall be based on data compiled from the base year. The assessment shall be set by the commission no later than January 1 of the assessment year. The commission shall mail notice of the assessment no later than the last day of the fourth week of May of the assessment year to the last known address of each financial supporter. Assessments shall not be reduced for financial supporters who cease business during an assessment year.
(4) Financial supporters may pay assessments in either one (1) full payment due thirty (30) days after the date the notice of assessment is mailed or in four (4) equal payments with payment in full due by December 31 of the assessment year.
(5) A payment in full or a quarterly payment that is not received within thirty (30) days of the date the notice of assessment is mailed shall result in the account being considered delinquent. Delinquent accounts shall accrue a one percent (1%) interest per calendar month on the balance due. Such interest shall begin to accrue thirty-one (31) calendar days after the date the notice of assessment was mailed. Any person, firm, or business that fails to make a payment may be subject to a late payment penalty that shall not exceed fifteen percent (15%) per annum on the amount due. The commission shall be entitled to recover all costs, fees, and reasonable attorney’s fees incurred in the collection of the tax and penalty provided for in this chapter.
(6) The commission may establish a policy and schedule for checks that are returned due to insufficient funds. The policy and schedule shall be made available to the public pursuant to chapter 1, title 74, Idaho Code.
[38-1515, added 1992, ch. 163, sec. 1, p. 522; am. 1995, ch. 255, sec. 3, p. 836; am. 1997, ch. 260, sec. 2, p. 743; am. 2003, ch. 101, sec. 2, p. 320; am. 2014, ch. 102, sec. 3, p. 302; am. 2026, ch. 8, sec. 4, p. 61.]
Any person who shall violate or aid in the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or by both. Fines collected for violations shall be paid into the fund which accrues to administer the provisions of this chapter.
[38-1516, added 1992, ch. 163, sec. 1, p. 523.]
(1) Immediately upon receipt, all moneys received by the commission shall be deposited in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission when the amount of such payments exceeds two thousand dollars ($2,000). Such designees may include the members of the staff of the commission.
(3) The right is reserved to the state of Idaho to audit the funds to the commission at any time.
(4) On or before January 15 of each year, the commission shall file with the senate and house committees responsible for natural resources, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission for the preceding year. The report shall also include an estimate of income of the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1994, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding year.
(5) All moneys received or expended by the commission shall be audited annually by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services. The audit shall be completed within ninety (90) days following the close of the fiscal year.
(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
[38-1517, added 1992, ch. 163, sec. 1, p. 524; am. 1993, ch. 327, sec. 19, p. 1211; am. 1994, ch. 180, sec. 70, p. 473; am. 1996, ch. 159, sec. 16, p. 519; am. 2003, ch. 32, sec. 20, p. 129.]
(1) Subject to the conditions set forth in this section, the commission may be dissolved upon a vote, carried out by written ballot by all those who have paid assessments to the commission during the calendar year immediately preceding the vote. No such referendum may take place at any time prior to three (3) years from the date of enactment of this chapter. No such vote may be taken unless first approved by a majority of the commission who shall then report to those who have paid assessments to the commission for the reasons for the recommended dissolution together with any opposing views held by members of the commission, provided, however, that financial supporters who, together represent no less than fifty percent (50%) of the total assessments paid to the commission in the preceding year, or financial supporters who, together represent no less than ten percent (10%) of the total financial supporters for the preceding year may petition for a vote of dissolution without the approval of the commission. In no case, however, shall the commission be dissolved through a vote of the financial supporters unless the vote in favor of the dissolution exceeds sixty percent (60%) of the total assessments paid to the commission in the preceding year. One dollar ($1.00) of assessment collected shall equal one (1) vote.
(2) Should such dissolution as described in this section occur, any unencumbered funds held by the commission shall be divided equally among private or public groups or agencies which, in the judgment of the commission, can best carry out the duties and authorities of the commission.
[38-1518, added 1992, ch. 163, sec. 1, p. 524.]
The "Interstate Inmate Firefighter Compact" is hereby enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows:
INTERSTATE FOREST FIRE SUPPRESSION COMPACT
ARTICLE I–Purpose and Policy
The purpose of this compact is to provide for the development and execution of programs to facilitate the use of offenders in the forest fire suppression efforts of the party states for the ultimate protection of life, property and natural resources in the party states. The purpose of this compact is also, in emergent situations, to allow a sending state to cross state lines with an inmate when, due to weather or road conditions, it is necessary to cross state lines to facilitate the transport of an inmate.
ARTICLE II–Definitions
As used in this compact, unless the context clearly requires otherwise:
(1) "Fire suppression unit" means a group of inmates selected by the sending states, corrections personnel, and any other persons deemed necessary for the transportation, supervision, care, security and discipline of inmates to be used in forest fire suppression efforts in the receiving state.
(2) "Forest fire" means any fire burning in any land designated by a party state or federal land management agencies as forest land.
(3) "Inmate" means a male or female offender who is under sentence to or confined in a prison or other correctional institution.
(4) "Institution" means any prison, reformatory, honor camp, or other correctional facility, except facilities for people with mental illness or intellectual disabilities, in which inmates may lawfully be confined.
(5) "Receiving state" means a state party to this compact to which a fire suppression unit is traveling.
(6) "Sending state" means a state party to this compact from which a fire suppression unit is traveling.
ARTICLE III–Contracts
(1) Each party state may make one or more contracts with any one or more of the other party states for the assistance of one or more fire suppression units in forest fire suppression efforts. Any such contract shall provide, for matters as may be necessary and appropriate, to fix the obligations, responsibilities and rights of the sending and receiving state.
(2) The terms and provisions of this compact shall be part of any contract entered into by the authority of, or pursuant to, this compact. Nothing in any such contract may be inconsistent with this compact.
ARTICLE IV–Procedures and Rights
(1) Each party state shall appoint a liaison for the coordination and deployment of the fire suppression units of each party state.
(2) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, that has entered into a contract pursuant to this compact, decides that the assistance of a fire suppression unit of a party state is required for forest fire suppression efforts, such authorities may request the assistance of one or more fire suppression units of any state party to this compact through an appointed liaison.
(3) Inmates who are members of a fire suppression unit shall at all times be subject to the jurisdiction of the sending state, and at all times shall be under the ultimate custody of corrections officers duly accredited by the sending state.
(4) The receiving state shall make adequate arrangements for the confinement of inmates who are members of a fire suppression unit of a sending state in the event corrections officers duly accredited by the sending state make a discretionary determination that an inmate requires institutional confinement.
(5) Cooperative efforts shall be made by corrections officers and personnel of the receiving state, located at a fire camp, with the corrections officers and other personnel of the sending state in the establishment and maintenance of fire suppression unit base camps.
(6) All inmates who are members of a fire suppression unit of a sending state shall be cared for and treated equally with such similar inmates of the receiving state, as may be members of a fire suppression unit of the receiving state.
(7) Further, in emergent situations, a sending state shall be granted authority and all the protections of any compact under this chapter to cross state lines with an inmate when, due to weather or road conditions, it is necessary to facilitate the transport of an inmate.
ARTICLE V–Acts Not Reviewable in Receiving State; Extradition
(1) If, while located within the territory of a receiving state, there occurs against the inmate within such state any criminal charge or if the inmate is suspected of committing, within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.
(2) An inmate member of a fire suppression unit of the sending state who is deemed to have escaped by a duly accredited corrections officer of a sending state shall be under the jurisdiction of both the sending state and the receiving state. Nothing contained in any compact shall be construed to prevent or affect the activities of officers and guards of any jurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI–Entry into Force
This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by Idaho and any other state.
ARTICLE VII–Withdrawal and Termination
This compact shall continue in force and remain binding upon a party state until it has enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states.
ARTICLE VIII–Other Arrangements Unaffected
Nothing contained in this compact may be construed to abrogate or impair any agreement or other agreement that a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
ARTICLE IX–Construction and Severability
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of such compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
[38-1601, added 1993, ch. 80, sec. 1, p. 208; am. 2010, ch. 235, sec. 21, p. 558.]
This chapter shall be known and may be cited as the "Sustainable Management of National Forests Act."
[38-1701, added 2024, ch. 243, sec. 1, p. 863.]
(1) The legislature finds that the sustainable management of national forests in Idaho is vital to conserving the state’s natural resources and its economic and ecological potential for the benefit of all Idahoans.
(2) The legislature finds that national forests in Idaho should be sustainably managed to maintain health, diversity, productivity, regeneration capacity, and vitality with the potential to fulfill relevant ecological, economic, and social functions.
(3) The legislature finds that sustainable forest stewardship and management of Idaho’s national forests requires a balanced approach that ensures a stable timber supply, active restoration, healthy watersheds, fish and wildlife habitat, areas for natural processes, and allowances for multiple uses.
(4) The legislature finds that:
(a) There is overwhelming evidence that the management, protection, and conservation of watersheds in Idaho is critical to the well-being of the state;
(b) The water supplies of some of the state’s most populous cities and surrounding areas originate in federally managed watersheds that are at risk for catastrophic wildfire, the severity of which could be reduced by proper management;
(c) Wildfires can compromise water quality both during active burning and for months and years after the fire has been extinguished. Burned watersheds are prone to increased flooding and erosion, which can negatively affect water supply reservoirs, water quality, and drinking water treatment processes; and
(d) A burned-out watershed also affects the timing of snow melt and stream flow, which detrimentally affects irrigation and fisheries.
(5) The legislature finds that smoke generated from wildfires poses significant harm to human health, impairs recreational opportunities, and negatively affects local economies throughout Idaho.
(6) The legislature finds that catastrophic wildfire burns hundreds of thousands of acres each year in Idaho, which negatively affects private property and the Idaho endowments, limiting the revenue-generating capacity of the land.
(7) The legislature declares that it is the policy of the state to promote the sustainable use of all national forests within the state through sound management and collaboration with local, state, and federal entities, including good neighbor authority, as provided in 16 U.S.C. 2113a.
[38-1702, added 2024, ch. 243, sec. 1, p. 863.]
To implement the policy of section 38-1702, Idaho Code, the Idaho department of lands:
(1) Shall support sustainable forest management practices, including forest restoration, on national forests in Idaho consistent with all applicable laws and administrative requirements;
(2) Shall provide technical information and educational assistance to nonindustrial private forest landowners;
(3) Shall promote forest management activities within and adjacent to the wildland-urban interface and promote the implementation of community wildfire protection plans;
(4) Shall promote a viable forest and wood products industry and other businesses and individual activities that rely on public forest lands;
(5) Shall represent the state’s interest in the federal forest management planning and policy process, including establishing cooperative agency status and coordination with federal agencies;
(6) Shall actively participate in the good neighbor authority policy that allows the secretary of the interior or the secretary of agriculture to enter into a cooperative agreement or contract that authorizes the governor to provide watershed restoration and protection services on federal land. Watershed restoration and protection services included in the good neighbor policy shall include the authority to:
(a) Treat insect-infested trees;
(b) Reduce hazardous fuels; and
(c) Conduct any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat.
(7) May assist local governmental entities in establishing cooperative agency status and coordination with federal agencies;
(8) Has the authority to intervene in litigation or appeals on federal forest management projects; and
(9) Has the authority to enter into agreements with federal agencies to participate in forest management activities on federal lands.
[38-1703, added 2024, ch. 243, sec. 1, p. 864.]
(1) The good neighbor authority fund established in section 38-137, Idaho Code, shall be administered by the department of lands as follows:
(a) All state proceeds allocated or budgeted for the purposes of the good neighbor authority policy established by this chapter shall be deposited in the good neighbor authority fund.
(b) Money received by the state in the form of gifts, grants, reimbursements, or allocations from any source intended to be used for the purposes of the good neighbor authority policy established pursuant to this chapter shall be deposited in the good neighbor authority fund.
(c) Federal moneys received by the state through good neighbor agreements with the federal government shall be deposited in the good neighbor authority fund.
(2) Moneys in the good neighbor authority fund established in section 38-137, Idaho Code, are hereby continuously appropriated, as provided in section 67-3514, Idaho Code, to the department of lands to carry out only the provisions of the good neighbor authority policy established in this chapter.
[38-1704, added 2024, ch. 243, sec. 1, p. 864.]
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