WEEKLY LEGISLATIVE UPDATE--WEEK 8; from the Senate Minority Leader...

Senator Clint Stennett

District 25

Legislative Week #8

March 2, 2007

Idaho is a public land state. We love our lands for recreation, hunting, fishing and the open space they provide. Public lands provide Idaho with its unique character, heritage, culture and wildlife habitat.

The state of Idaho owns 2.5 million acres of land. Our state lands were given to us by the federal government in 1890 when Idaho first became a state. Land was typically given to the states when they joined the union to help the state fund public education, but the federal government did not dictate the ultimate decision of how those lands were to be used or managed. Back then, Idaho decided to provide for long term financial return from the lands to a state endowment fund. The endowment primarily benefits public schools.

Yet as history reads, this decision was not without debate. Some argued that the lands should just be sold and the profit should then be put into an endowment fund for public education. Others argued that the lands should not be sold off but should be used wisely in other ways to benefit the state.

The compromise reached was written into our state Constitution. It declared that the state lands could remain Idaho’s possession, but they must be used to generate the "highest financial return" to be allocated towards public schools. It was also stated that the lands could be sold off if the State Land Board voted it was in the best interest of the state.

Consequently over the past 120 years, some prime pieces of state lands have been sold to private investors and developers. Some lands have remained public and have been enjoyed by generations of Idahoans for camping, hiking, or fishing. There has been a presumed right of access to those public state lands. Yet like in 1890, the pressure for the state to divest from these lands to other investments continues today.

As a part of the challenge to manage state lands for the highest financial return, the public access to these lands is threatened from time to time. For example, recently there was an application to lease state lands to an elk shooter bull operation. This business could charge their customers $10,000 to come on to state lands and shoot a bull elk, but the rest of public could not set a foot onto our public lands during the lease. This proposal was withdrawn by the applicant, but I am fearful that this is only the beginning of these type of proposals.

During a recent Resource and Environment Committee meeting, I quizzed the acting Director of the Department of State Lands about how the state can justify excluding the public from accessing our own lands. He explained that by a constitutional trump, "public access is secondary to the primary goal of highest return to the endowment."

That statement led me to introduce Senate Joint Memorial 104 (SJM 104). This proposal amends the Idaho’s Constitution to recognize public access to state lands as a constitutional right for Idaho’s citizens. This measure will continue to provide for the long term financial return to public schools while introducing the concept of public access into the Constitution. It will allow multiple use consistent with the fiduciary responsibility in our changing landscape, while accommodating public interests and concerns. We do not want to wake up someday and read that Idaho has leased our public lands to some out-of-state outfitter because they were the highest bidder.

Our demographics and economy have changed dramatically since 1890. Our Constitution should as well. Today our economy is driven by lifestyle choices as much as timber, mining and agriculture. Rather than viewing our state lands as solely money making tools, we must recognize the intrinsic value of open space and public access that enhances the quality of life for all Idahoans.

During the 1890 debate over the what to do with our new state lands, Senator Aaron Parker stated, "A stable republican form of government depends upon our educational interests [but], I hold that congress gave us these lands not for ourselves, but for our children and our children’s children and for generations of posterity yet unborn." In this spirit, SJM 104 offers a fundamental shift in thinking; it requires a balance between the profit from these lands with the public access to them. Public lands are a unique treasure, and this legislation helps pass that along to future generations.

As always, I welcome any suggestions, or comments you have to offer. It is my honor to serve District 25. I can be reached by calling (208) 332-1000 or toll-free 1-800-626-0471, via email at stennett@senate.idaho.gov, or by mail to P.O. Box 83720, Boise, ID 83720.