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Committee approves cottage‑site rule; strikes grazing‑change provision that would allow 180‑day lease cancellation
Summary
The House Research and Conservation Committee approved a streamlined rule for cottage‑site leases and approved changes to grazing, farming and conservation lease rules while rejecting a specific subsection (050.02) that would have allowed a department‑initiated change in use with 180 days' notice.
The Idaho House Research and Conservation Committee acted on two Idaho Department of Lands rule dockets after a department presentation and public comment.
Jason Laney, leasing section manager for the Department of Lands, asked the committee to approve pending rule docket 20‑0313‑2401 to simplify administration of residential cottage‑site leases on endowment lands. The committee voted to accept the docket; Representative Raymond moved approval on the record.
Adi Faust, natural resource leasing program manager, presented a separate negotiated rulemaking for grazing, farming and conservation leases (pending docket 20‑0314‑2401). The department said the rule review reduced word count, removed redundant language and retained existing substantive requirements. The department also said it had engaged industry and conservation stakeholders in negotiated rulemaking and received written comments; the department declined to adopt one suggested revision that would have tied change‑of‑use notice to the end of the lease term, saying that would conflict with its fiduciary obligation to beneficiaries.
Russ Hendricks of the Idaho Farm Bureau testified that a proposed subsection on lease cancellation — which would allow the department to cancel a lease with 180 days' notice if a change of use is adopted — creates instability for ranchers who base operations on multi‑year grazing leases. Hendricks urged the committee to remove subsection 050.02 from the rule. Representative Pickett and others noted that many state grazing leases operate in checkerboard with federal permits and that short notice could be operationally disruptive.
After discussion the committee accepted docket 20‑0314‑2401 with an exception: members voted to withhold approval of the amendments to subsection 050.02. The committee then made a second motion to reject the codified final rule language for IDAPA 20.03.14.050.02 (the change‑of‑use/lease cancellation provision). That motion passed by voice vote and the committee directed the department and staff to revisit the language.
Votes at a glance: - Docket 20‑0313‑2401 (cottage‑site leases): Motion to approve moved by Representative Raymond; committee accepted the docket (voice vote). - Docket 20‑0314‑2401 (grazing/farming/conservation leases): Committee accepted pending rule with an exception for subsection 050.02 (change in land use) and then voted to strike/reject the codified final language for IDAPA 20.03.14.050.02; motion to reject final rule language moved by Representative Miller and passed (voice votes recorded on the record as 'ayes').
The committee chair said the panel will revisit the grazing‑lease language and work with the department and stakeholders on alternative language or possible legislation. The department said the 180‑day figure is historical and that in practice it notifies lessees well in advance of any change in use and aims to find mutually acceptable solutions when possible.
Ending: Committee adjourned with a direction to return to the rules soon for further consideration.
