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Committee advances bill to expand state options on out-of-control fires and allow cost recovery actions
Summary
Senator Harris presented H 389 to classify out-of-control fires on federal land as nuisances, extend the statute of limitations for cost recovery to 10 years, permit the Governor to direct state suppression resources on federal land, and authorize the Attorney General to pursue cost recovery; the committee voted to send the bill to the 14th Order after extensive testimony about coordination and fiscal risk.
The Senate State Affairs Committee advanced H 389, a bill that would declare a wildfire burning out of control on federal land to be a nuisance, extend the statute of limitations for related cost-recovery actions from four to ten years, allow the Governor to deploy state suppression resources to federal land during emergencies, and permit the Idaho Attorney General to pursue reimbursement from the federal government.
Senator Harris said the measure grew from the 2024 Committee on Federalism and from concerns about federal management priorities that sometimes delay immediate suppression. He described 2024 wildfire damage in Idaho, cited harms to human and livestock health, and listed private costs and habitat damage the bill aims to address. The bill text would extend the limitation period to ten years and add language allowing the Governor to declare an emergency and allocate State resources; it also directs cost recovery actions to be pursued by the Attorney General.
Committee members and witnesses raised concerns about legal and operational conflicts with existing agreements and about state fiscal exposure. Senator Ruchti questioned recovery prospects where the State has entered the Master Cooperative Wildland Fire Management and Stafford Act Response Agreement (the "Master Fire Agreement") and noted the State spent roughly $51 million on firefighting in 2024. Witnesses opposing the bill included Steve Ellis (self), Ryan McGoldrick of Conservation Voters for Idaho, Lynn Oliver (self, former U.S. Forest Service resource and planning officer), and Jonathan Oppenheimer of Conservation Voters for Idaho; their testimony emphasized the importance of cross-boundary cooperation, the Master Fire Agreement’s role in dividing responsibilities and reimbursement procedures, and concerns that unilateral state action could undermine trust and firefighter safety.
Supporters included representatives of the Idaho Farm Bureau and the Idaho Cattle Association, including Dexton Lake and Patxi Larrocea-Phillips, who said federal inaction had produced extensive local damages and that further remedies were needed. Senator Shippy noted experiences in his district and supported sending the bill to the 14th Order for possible amendment; Senator Ruchti urged caution about state liability and suggested amendments to ensure compliance with federal and state law.
Senator Shippy moved and Senator Toews seconded that H 389 be sent to the 14th Order of Business for possible amendment; the motion carried by voice vote.
Committee discussion and testimony highlighted central tensions the bill raises: proponents seek remedies and faster action when federal suppression is delayed; opponents caution that the Master Fire Agreement and interagency protocols, as well as limits in state capacity, complicate unilateral action and recovery efforts. The committee did not adopt final statutory language and referred the bill for amendment and further legal review before any floor recommendation.
