Title 58 — PUBLIC LANDS

58-101. State land board — Constitution — Department of lands created. The governor, secretary of state, attorney general, state controller and superintendent of public instruction being constituted a state board of land commissioners by section 7 of article 9, of the Constitutio…

58-102. State land board — President — Quorum. The governor shall be president of the board, but in his absence from any meeting, one (1) of the members may act as president pro tempore, and shall preside at such meeting. A majority of the members of said board shall constitute a…

58-103. State land board — Meetings — Rules. The board shall have regular meetings not less frequently than quarterly, and may hold such adjourned or special meetings as the board may direct, and may meet at any time on call of the president or majority of the board. The said boa…

58-104. State land board — Powers and duties. The state board of land commissioners shall have power: 1. To exercise the general direction, control and disposition of the public lands of the state. 2. To appoint its executive officer, the director of the department of lands. 3. T…

58-104A. three division heads — Direction and control — Areas of operation — Qualifications — Applications. The director shall have power to appoint three (3) division heads who shall be known as administrators, one (1) to handle matters concerning lands, minerals and grazing; on…

58-105. Director. The department of lands shall have an officer at its head who shall be known as the director, who shall, subject to the general regulation and control of the state board of land commissioners, exercise the powers and discharge the duties vested by law in him or …

58-106. Offices. The department shall maintain a central office in Ada county. The director may in his discretion and with the approval of the state board of land commissioners, establish and maintain, at places other than the seat of government, branch offices for the conduct of…

58-107. Seal. The department shall adopt and keep an official seal.

58-108. Employees. The department is empowered to employ necessary employees, and, if the rate of compensation is not otherwise fixed by law, to fix their compensation.

58-112. Land officials prohibited from buying state lands — Penalties. The members of the state board of land commissioners, the officers, clerks and employees of the department of lands are prohibited from directly or indirectly purchasing or becoming interested in the purchase …

58-114. Reports. The director shall annually on or before the first day of December, and at such other times as the governor or the board may require, report in writing to the governor and the board concerning the condition, management and financial transactions of his department…

58-115. Cooperation with other state departments. The department of lands shall, so far as practicable, cooperate with the other state departments in the employment of services and the use of quarters and equipment. The director may empower or require an employee of another depar…

58-116. Gross receipts payable into treasury. The gross amount of money received by the department, from whatever source, belonging to or for the use of the state, shall be paid into the state treasury, without delay, without any deduction on account of salaries, fees, costs, cha…

58-118. Department successor to abolished offices. Whenever rights, powers and duties, which have heretofore been vested in or exercised by any officer or board, or any deputy or subordinate officer thereof, are, by this chapter, transferred, either in whole or in part, to be ves…

58-119. Powers of department. The department of lands shall have power: 1. To exercise, under the general control and supervision of the state board of land commissioners all the rights, powers and duties vested by law in the state board of land commissioners, except the supervis…

58-119A. Disclaimers of interest — Reservation of public use rights-of-way. The department of lands may enter into an agreement with an owner of land adjacent to accreted land along a navigable river for the issuance of a disclaimer of interest as to the accreted land by the stat…

58-120. general counsel to represent the department of lands. (1) Counsel to the department of lands shall be provided by an attorney hired by the director of the department of lands subject to approval by the state land board. Such counsel shall be independent of the office of t…

58-121. Records of land board. It shall be the duty of the director of the department of lands to keep the records of the state board of land commissioners; to make out and countersign all patents and leases issued by the president of the said board to purchasers and lessees of s…

58-122. Contested cases — Procedure. It shall be the duty of the director of the department of lands in any or all contested cases, at the direction of the board, to appoint hearing officers, receive evidence, issue subpoenas and to hold contested case hearings in accordance with…

58-123. Director of department — Statements — Annual reports. On the first business day of each quarter the director of the department of lands shall forward to the state controller and treasurer a statement in duplicate of the amount of moneys received and deposited from all sou…

58-124. Director of department — Assistants — Appointment — Duties — Salary and expenses — Oath and bond — Term of office. The state board of land commissioners shall appoint the director of the department who shall have general supervision of all field work, and with such assist…

58-126. Information regarding state lands. Information concerning the selection or appraisement of any state lands, or the timber thereon, or any information in regard to such land shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

58-127. Fees. The board of land commissioners is hereby empowered to set the fees for sales, leases, easements of state land and all other transactions in the department of lands. All moneys collected for fees shall be paid to the state treasurer and shall be credited to the endo…

58-128. Deposit and control of funds. The state board of land commissioners shall daily deposit with the state treasurer all money and evidences of indebtedness received by the board. The state board of land commissioners may draw upon funds within their jurisdiction in the hands…

58-129. Deposit of papers with state treasurer. All valuable papers and securities, or any portion thereof, pertaining to the business of the land department, may, by direction of the state board of land commissioners, be deposited with the state treasurer for safekeeping in the …

58-131. Cooperation of state land board in settlement of federal irrigation projects. The state board of land commissioners of Idaho is hereby authorized to enter into agreements on behalf of the state of Idaho with the secretary of the interior of the United States for the coope…

58-132. Extension and declaration of powers and duties of state board of land commissioners. In order that financial aid cooperation from the federal government, which is now and may hereafter become available may be taken advantage of, and that land in the state of Idaho be put …

58-133. Acquisition, sale, lease, exchange or donation of public lands — Creation and operation of land bank fund. (1) The state board of land commissioners may select and purchase, lease, receive by donation, hold in trust, or in any manner acquire for and in the name of the sta…

58-134. Cooperation in control and administration of state lands — Powers of board of county commissioners. The state board of land commissioners may cooperate or join with the United States, any corporation the majority of whose capital stock is owned by the United States, and/o…

58-135. Sale, lease or donation of state lands to United States. The state board of land commissioners shall have authority to grant an option to purchase, contract to sell, sell and convey, donate or lease to the United States, any corporation the majority of whose capital stock…

58-136. Holding in trust money or lands donated. The state board of land commissioners shall have authority to receive and to hold in trust any money or lands donated, bequeathed, or devised and to carry out the terms, if any, of such donation, bequest or devise, or, in the absen…

58-138. Exchange of state land. (1) The state board of land commissioners may at its discretion, when in the state’s best interest, exchange, and do all things necessary to exchange fee simple title to include full surface and mineral rights to any of the state lands now or herea…

58-141. Revolving fund for planning and development of sewage collection and disposal facilities for state lands — Appropriation. All moneys received by the state of Idaho from the United States of America, its agencies, boards, departments, bureaus and commissions for planning a…

58-141A. Revolving fund for water and sewer district — Appropriation. All moneys received by the state of Idaho pursuant to the provisions of section 58-304A, Idaho Code, representing reimbursement of unpaid connection fees or charges, monthly rates, tolls or charges, or special …

58-154. Sale and lease of state land — Timber — Minerals — Other interests — Interference with application, auction or bid process — Penalty. It shall be unlawful for any person, firm, partnership, or corporation to offer to accept, or to accept, compensation of any type in excha…

58-155. Pest control on state lands — Deficiency warrants. Whenever the director of the state department of agriculture determines that there exists the threat of an infestation of grasshoppers, crickets or other similar pests on state-owned land and that the infestation is of su…

58-156. ENDOWMENT LAND — closure, restriction, regulation, or prohibition. (1) Whenever the state board of land commissioners has promulgated rules pursuant to chapter 52, title 67, Idaho Code, for the closure of endowment lands or for restricting, regulating, or prohibiting spec…

58-201. Acceptance of federal lieu land selection grant. The state of Idaho hereby accepts the provisions of sections 2275 and 2276 of the Revised Statutes of the United States as amended by an act of congress February 28, 1891 (26 St. L. 796), and the rights and privileges grant…

58-202. Lieu selections for school lands sold prior to admission. The state board of land commissioners is authorized, empowered and directed to judiciously ascertain and locate the general grants of land made by congress to the state of Idaho and when said board shall find that …

58-203. Lieu selections for school lands homesteaded. When the state board of land commissioners shall ascertain that sections 16 and 36 or any part thereof granted to the state have been actually settled upon prior to the survey thereof by the general government, and are occupie…

58-204. Lieu selections for school lands in reserves. When the state board of land commissioners shall ascertain that sections 16 and 36 or any part or parts thereof, granted to the state are or have been lawfully included and embraced within any forest or other reservation estab…

58-205. Lieu selections for lost school lands. When the state board of land commissioners ascertain that what would be, if surveyed, sections 16 and 36, or any part or parts thereof, granted to the state, fall upon any lake or navigable river and that the quantity of land intende…

58-205A. Additional school lands. All lands, title to which is acquired by the state by escheat shall be held and treated as school lands, and may be sold and disposed of in the same manner. Said lands shall be under the charge and control of the state board of land commissioners…

58-206. Prior relinquishments validated. All relinquishments of state lands in place heretofore lawfully made by the state board of land commissioners as a basis for the selection of indemnity lands in lieu thereof, and all selections of indemnity lands in lieu of lands so relinq…

58-301. Appraisement — Fee — Reappraisement — Appropriation for appraisement. The board may cause all lands belonging to the state to be appraised, at such times, in such manner and by such means as the board shall decide, and may require the actual cost of an appraisal to be col…

58-302. grazing management plans. (1) As used in this section, "grazing management plan" means a written agreement between the lessee and the department of lands, or between the lessee and another public agency and approved by the department, designed to meet the resource objecti…

58-303. permits. (1) At any time, a current state grazing lessee may make application to the department of lands to convert his state grazing lease into a state grazing permit if the lessee believes the land is so qualified. Application forms shall be provided by the department. …

58-304. Leases. (1) The state board of land commissioners may lease any portion of the state land at a rental amount fixed and determined by the board. The rental amount shall be due and payable by the date and upon the terms set by the board in the lease. Provided however, all g…

58-304A. Forfeiture of cottage site leases — New leases — Collections — Disposition. Upon forfeiture of a cottage site lease as provided in section 39-3610, Idaho Code, as amended, the department issuing the cottage site lease shall, as a condition of any new lease of such cottag…

58-305. Payment of rental in advance — Extension of time — Adjustment of competitive bid rental rates. All leases of state land, except mineral leases, shall be conditional upon the payment of rental, in advance, and a violation of this condition shall work a forfeiture of the le…