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Setting Legislative Priorities

The State Board of Land Commissioners, which includes Idaho’s Governor, Secretary of State, Attorney General, Superintendent of Public Instruction, and State Controller, is charged by Idaho’s Constitution with the direction, control and disposition of Idaho’s endowment lands under the regulations set by law.

The Idaho Department of Lands is the administrative arm of the Board. IDL is tasked with fulfilling the Board’s constitutional mandate of maximizing the revenue earned from endowment land for beneficiaries like our public schools, and carrying out the Board’s statutorily defined regulatory duties. 

Idaho law creates the independent Oil and Gas Conservation Commission within IDL.

From time to time the Land Board and Oil and Gas Conservation Commission find that legislative changes, and updates to Idaho’s administrative rules, are required to better enable the disposition of their constitutional or statutory duties.

This webpage outlines the 2023 legislative priorities for the Board and Commission, along with administrative rule changes that were negotiated with the public in 2022 and are pending review by the 2023 Legislature.

Table of Contents

Learn more about the OGCC

About the OGCC's 2023 Legislative Proposal

Oil and Gas Statute Updates

In August 2021, the Oil and Gas Conservation Commission directed staff to study Idaho Code § 47-3, Oil and Gas Wells – Geologic Information and Prevention of Waste, and make recommendations for improving the law based on lessons learned since 2017 when the statutes were modernized by the Idaho Legislature.

This direction resulted in a year-long process rooted in public involvement that culminated in the Commission approving the sixth draft of proposed statutory changes. To ensure citizens’ voices were heard during this process, staff launched a public outreach webpage that documented the process and solicited feedback from all stakeholders.

The resulting legislative proposal, approved by the Commission at its May 19, 2022, meeting includes:

Legislative Priority: Oil and Gas Statute Updates

  • Provides additional guidance to operators, mineral interest owners, and the state. 
  • Improves and clarifies reporting guidelines for operators.
  • Changes the makeup of the commission by removing the Director of the Department of Lands.
  • Updates the technical requirements of commissioners to better reflect the needs in Idaho.
  • Defines just and reasonable terms for integration. 

IDL Rulemaking

In general, the Legislature first sets broad policy mandates by passing statutes, then state agencies create more detailed administrative rules based on those statutes. Administrative rules are designed to facilitate the implementation of laws. This process allows for the public and more detailed scientific, economic, or industry expertise to help guide how statutes are implemented by state agencies.

The agency must have rulemaking authority in statute and must follow the Idaho Administrative Procedure Act, which outlines requirements for public participation in the rulemaking process. Idaho’s administrative rulemaking process involves multiple stages: negotiated, proposed, pending, and final.

In 2020, Governor Brad Little signed Executive Order 2020-01: Zero-Based Regulation. This executive order establishes an ongoing review process for existing rules. Both of the following rule chapters are scheduled for legislative review during the 2023 session. The public rulemaking process took place in 2022.


The Rules for Selling Forest Products on State-Owned Endowment Lands (IDAPA 20.02.14) apply to purchasers of state endowment timber sales and forest products. 

This administrative rule establishes a consistent process for selling forest products from state endowment lands by setting minimum requirements for timber sale auctions, initial deposits and bonding, stumpage and interest payment, and timber sale cancellation and termination.


The Rules Governing Leases on State-Owned Submerged Lands and Formerly Submerged Lands (IDAPA 20.03.17) establish a consistent process to authorize specific encroachments on state-owned submerged lands and collect annual rent for their use. These uses typically include marinas, community docks, non-navigational encroachments, and oversized private docks that occupy the state’s lakes. 

This lease program is funded by the Navigable Waterways Fund, a state dedicated fund. As a dedicated fund, those who benefit from this program pay for the services it provides. This rulemaking increases application and assignment fees to cover the actual administrative costs of processing submerged land leases.

Current lease holders will not be affected by this fee increase now, but applicants for new leases and those seeking to renew expiring leases in the future will pay increased fees. No fiscal impact to the General Fund is anticipated.

Learn More About the Board, IDL and Endowment Land

State Board of Land Commissioners

Idaho's constitution charges the State Board of Land Commissioners with managing the endowment lands for the beneficiaries.

Idaho Department of Lands

IDL manages the land Idaho received at statehood to generate the maximum return for our public schools and other beneficiaries.

Understanding Endowment Land

Idaho manages 2.5 million acres of endowment land to generate revenue for our public schools and other beneficiaries. Learn why.
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It's All About the Mission

Idaho accepted endowment lands at statehood under the condition that they be managed, in perpetuity, to secure the maximum long-term financial return for the beneficiaries. Endowment lands are different than other public lands. Public land managed by the U.S. Forest Service serves a multiple-use mission. Endowment lands, on the other hand, serve a sole-use mission to earn money for the beneficiaries. Other uses of endowment lands are incidental to the mission.
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The Land Where Miracles Grow

The year 1889 saw a 28-day debate by leaders to frame Idaho’s new state constitution.  One of the central agreements written into it was that the 3.6 million acres of land offered to Idaho by Congress would be dedicated to nurturing the state's public education system. One has to wonder if our forefathers foresaw the legacy they would establish for our state's investment in education and what it would mean to future generations of Idahoans.

Stay Informed

Legislative Update Newsletter

Each week during the legislative session IDL publishes its Legislative Update Newsletter. Sign up to receive this newsletter via email or SMS/text message.

View Past Editions

This archive includes the most current and past editions of our Legislative Update Newsletter so you can stay informed about IDL's legislative priorities.
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