Why CVI Supports Amendment to Protect State Public Lands

Dear CVI Members,

Two constitutional amendments are being considered by the Idaho Legislature that would impact our public lands:

• Senate Joint Resolution 103 (“SJR103”): This amendment creates a mechanism to transfer national public lands to the State of Idaho and CVI does not support it. Check out our previous blog to learn more about why CVI opposes this amendment.
• House Joint Resolution 10 (“HJR10”): CVI is in full support of HJR10. This proposed Constitutional Amendment, brought by Representatives Britt Raybould (R-Rexburg) and James Petzke (R-Meridian), would alter the priorities on state endowment land to prevent the sale of our valuable state public lands. Additionally, it would enshrine public recreation as a priority for state public lands within the Idaho Constitution.

First off, what is a constitutional amendment?

A constitutional amendment seeks to amend the Idaho State Constitution. Here is the required process for a constitutional amendment that starts in the House to pass:

1. Print Hearing: The House State Affairs Committee votes on whether to print the bill for it to receive a public hearing. It’s largely a procedural process with most bills passing.
   • Majority vote required by committee
2. House State Affairs Public Hearing: Testimony for and against the bill by both stakeholders and the general public (This is where we are now).
   • Majority vote required by committee.
3. House Floor Vote: Bill debated on floor of the House. 
   • ⅔ supermajority vote required in entire State House
4. Senate State Affairs Public Hearing: Testimony for and against the bill by both stakeholders and the general public.
   • Majority vote required by committee.
5. Senate Floor Voter: Bill debated on floor of the Senate. 
   •  ⅔ supermajority vote required in entire State Senate
6. On the Ballot: The proposed constitutional amendment would appear on all Idaho ballots in the November 2026 General Election.
   • Majority vote required by Idahoans
7. Idaho’s Constitution Amended: Once all of these steps are completed, the Idaho State Constitution would be formally amended. In this case, Article IX Section 9 would be amended.

What is this amendment proposing?

The Idaho Land Board oversees the management of approximately 2.5 million acres of state endowment trust lands through the Idaho Department of Lands. While this land represents less area than our National Public Lands (approximately 63% of the state), these endowment lands make up about 5% of our state’s land mass.

Currently, the Idaho Land Board has a Constitutional mandate to generate “maximum long-term financial return” for the beneficiaries. If this amendment passes, the Land Board would instead be required to first prioritize ongoing revenue generation. Secondly, the Land Board would have to prioritize recreation opportunities next. Land could only be sold if it could not provide ongoing revenue generation or recreation.

Four Reasons CVI Supports HJR10

1. When we amend the Constitution, we need to get it right. When we make fundamental changes to how our lands are managed, we need to get it right. It is essential that there is no ambiguity about the intent or outcomes of these changes. This Constitutional Amendment is clear, concise, direct, and consistent.
2. HJR10 will remove the incentive to sell our state public lands. The sale of the Driggs 160 illustrates the need for this change. The Driggs 160 is a plot of 160 acres of land that was leased from the Idaho Department of Lands by a ranching family in Teton County. In addition to supporting their livelihood, this land provided for elk migration and was often explored by local children. Unfortunately, this land could generate far more money if it was sold to wealthy developers, so the Land Board decided they had a fiduciary responsibility to sell under the current laws of the Constitution. With Idaho’s rapid growth and the influx of out of state developers, the Driggs 160 is a canary in the coal mine. If we don’t change the constitution now, we are going to lose more of our state public lands.
3. This amendment explicitly protects revenue generation for education and health priorities. Unlike our National Public Lands, Idaho’s State Endowment Lands were granted to the state to generate revenue for the beneficiaries. The beneficiaries include Idaho public schools, local hospitals, and our universities. In addition to traditional revenue generating activities like timber, grazing, and mining, we have the opportunity to generate tens of millions of dollars for public education through clean energy projects. The first clean energy project on endowment lands is going to produce up to $300 per acre, or nearly $2 million per year. With upcoming projects generating $1,000 per acre, selling off our state public lands could have disastrous impacts on Idaho’s clean energy transition and eliminate potential revenue for our schools and hospitals.
4. For the first time, the Idaho Constitution would have explicit protections for recreation. Our Constitution will state what we all know: that our state public lands are foundational to our way of life. As a secondary priority to revenue generation, the amendment states that the Land Board will preserve and promote the public’s access to recreate, hunt, fish, and trap on these lands.

In closing, HJR10 is a clear and concise amendment that prevents sale, protects ongoing revenue generation for education and health priorities, and elevates recreation as a priority in the Idaho State Constitution. We are thankful to Representatives Raybould and Petzke for proposing this change and look forward to working with the Idaho Legislature and voters to pass this monumental protection for the lands we all love.