DOCKET: 20-0501-2301
Purpose of Rule
This is negotiated rulemaking for a new rule chapter: Rules Pertaining to the Recreational Use of Endowment Land (IDAPA 20.05.01).
Senate Bill 1049 seeks to disincentivize the abuse or misuse of endowment land, preserving its revenue-generating potential for the beneficiaries. The legislation, which was signed into law by the Governor on March 20, 2023, creates a new section of Idaho Code that will become effective on July 1, 2023.
The legislation requires rulemaking to specify prohibited activities that are subject to a warning ticket for minor first offenses, with second violations under the statute being punished with an infraction and $250 fine.
Quick Reference
Current Status
Pending Legislative review. The Land Board adopted the pending rule on November 21, 2023 for review by the 2024 Idaho legislature.
IDL rule docket is submitted to the Senate Resources and Environment Committee and the House Resources and Conservation Committee.
Pending Rulemaking
Section 67-5201(19), Idaho Code, defines a pending rule as a rule that has been adopted by an agency under regular rulemaking procedures and remains subject to legislative review prior to becoming final and effective. It is, therefore, “pending” legislative review for final approval. The agency adopts the pending rule and after publication in the Bulletin, this is version of the rule that is submitted for legislature review for final approval.
Proposed Rulemaking
A proposed rule is a formal, written proposal by an agency to amend or repeal an existing rule or adopt a new rule. The public is invited to submit written comments to the agency during this stage of rulemaking. A public hearing may be held for the public to submit oral comments, and the agency gives written and oral comments the same consideration. A notice and the text of the proposed rule are published in the October Idaho Administrative Bulletin.
Notice of Proposed Rulemaking and Proposed Rule Text, October 4, 2023, Idaho Administrative Bulletin, pages 516 – 519
PROPOSED RULEMAKING SCHEDULE
PROPOSED RULEMAKING PUBLIC COMMENT PERIOD: October 4-25, 2023
IDL encourages public participation by either attending the scheduled public hearing or providing written comments to IDL during the open comment period.
A public hearing has been scheduled on October 11, 2023, and the public is invited to attend in person, by phone, or by Zoom to provide oral comments on the Proposed Rule.
PUBLIC HEARING
Wednesday, October 11, 2013, 2:00pm MT – Boise, ID
Agenda
Proposed Rule Text
BOI-Garnet West Conference Room, 300 N. 6th Street, Suite 103 – Boise, Idaho 83702
To attend by Zoom: https://idl.zoom.us/j/88116158144?from=addon
To attend by Telephone call: +1 (253) 215-8782
Meeting ID: 881 1615 8144
After proposed rulemaking and considering all comments on the proposed rule, the agency may adopt a pending rule. This rule will be presented to the Land Board for adoption of a pending rule.
Negotiated Rulemaking
Negotiated rulemaking is a process in which all interested parties and the agency seek consensus on the content of a rule. Public meetings are an opportunity for all interested persons to discuss possible changes to the rule, and the public may also submit written comments.
Notice of Intent to Promulgate Rules – Negotiated Rulemaking, published in the June 7, 2023, Idaho Administrative Bulletin, pages 58-59.
Land Board Memo 4/18/2023 – Approval to initiate negotiated rulemaking
Zero-based Prospective analysis form – August 15, 2023
Negotiated Rulemaking Summary – September 5, 2023
Thursday, June 22, 2023 – 6:00 p.m. (MT)
Idaho Department of Lands
Boise Staff Office
Garnet Conference Room
300 N. 6th Street, Suite 103
Boise, ID 83702
Monday, July 10, 2023 – 1:00 p.m. (PT)
Idaho Department of Lands
Louise Shadduck Building
Sundance Conference Room
| Comment Submitted by | Date Received |
|---|---|
| Jim Maxey | 6/13/2023 |
| Georgene Moore | 6/14/2023 |
| Susan Drumheller | 6/15/2023 |
| Drew Wahlin | 6/16/2023 |
| Jeff Bitton | 6/20/2023 |
| Jack Wassard | 7/1/2023 |
| Brenda Stibal | 07/11/2023 |
| Ivy Dickinson | 07/11/2023 |
| Garret Visser | 07/12/2023 |
| Heather Heward | 07/12/2023 |
| Michael Gibson | 07/17/2023 |
| Benn Brocksome | 07/18/2023 |
| Rob Thornberry | 07/18/2023 |
| Morgan Lutgen | 07/19/2023 |
| Patxi Larrocea-Phillips | 07/19/2023 |
Draft #1
Posted 6/08/2023
Meeting Discussion 6/22/2023 and 7/10/2023
Written Deadline for Comment 7/19/2023
Materials will be posted when available.
Submit Written Comments
Proposed rulemaking public comment period end October 25, 2023
How to send your comments:
Through our website: Submit a comment
By mail to:
Attn: Todd Wernex – Rulemaking
P.O. Box 83720
Boise, Idaho 83720-0050
Fax: (208) 334-3698
By email to: rulemaking@idl.idaho.gov
If you have a hughes.net email address, we might have difficulty receiving your email and encourage you to send your comments by postal mail or by using our online comment form.
Contact
Todd Wernex
Recreation Program Manager
(208) 334-0282