reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-128 - DUTIES OF PROSECUTING ATTORNEYS AND ATTORNEY GENERAL.

38-128. DUTIES OF PROSECUTING ATTORNEYS AND ATTORNEY GENERAL. At the discretion of the director of the department of lands, it shall be the duty of the attorney general or the prosecuting attorney of the county within which such action lies, to prepare, upon information furnished by the director of the department of lands or the fire warden of any forest protective district, and foreclose all liens, other than those provided for in sections 38-111, 38-112 and 38-113, Idaho Code, and to prosecute in the name of the state of Idaho all actions for the recovery of penalties and costs and expenses incurred by the director of the department of lands, his deputy or fire warden of the district in carrying out the provisions of this chapter. For the purposes of this section, venue shall be determined subject to the terms of applicable Idaho law at the time of the incident. Civil actions against nonresidents of the state shall be prosecuted by the attorney general.
Whenever any arrest shall have been made for the violation of any provisions of this chapter, or whenever any evidence, which shows with reasonable certainty any such violation, shall have been lodged with him, the prosecuting attorney of the county in which the criminal act was committed must prosecute the offender with all diligence and energy.
History:
[38-128, added 1972, ch. 401, sec. 2, p. 1164; am. 2003, ch. 27, sec. 1, p. 100.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-129 - FOREST PROTECTION FUND — CUSTODY, SOURCES AND APPROPRIATION — DISBURSEMENT.

38-129. FOREST PROTECTION FUND — CUSTODY, SOURCES AND APPROPRIATION — DISBURSEMENT. The state treasurer shall be custodian of a fund known as the "forest protection fund" into which shall be paid all owners’ assessments, penalties and costs recovered in actions authorized by this chapter, and a portion of all fines as provided in the succeeding section and all funds accruing or received under any other provision of this chapter including all funds allocated by the United States under the act of March 1, 1911 (36 Stat. 96) and amendments thereto, known as the Weeks law, and the act of June 7, 1924, known as the Clarke-McNary act, and all other federal acts for forest fire protection. All moneys in existing forest protection or foresters’ special fund are hereby transferred to the forest protection fund established hereby.
All moneys appropriated for, accruing to or received by this fund are hereby appropriated for the purposes of this chapter and shall be paid out by the state treasurer only upon state vouchers prepared and approved by the director of the department of lands and approved by the state board of examiners. All disbursements, costs and expenses accruing, contracted for and/or incurred by the director of the department of lands in administering the provisions of this chapter and in carrying out the agreements authorized by section 38-104, Idaho Code, and not otherwise provided for shall be paid from this fund; provided, that disbursements of such portions of this fund as are represented by allotments to the state under the Weeks law and the Clarke-McNary act and other federal acts for forest fire protection shall be limited to the purpose for which such allotments are made by the federal government.
The director of the department of lands may convert the money derived from this fund into a revolving fund as may be necessary or into a general expense fund for the payment of such disbursements as are herein provided for.
History:
[38-129, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-130 - DISPOSITION OF FINES.

38-130. DISPOSITION OF FINES. Notwithstanding the provisions of section 19-4705, Idaho Code, fines collected for violations of this chapter or any provisions thereof shall be apportioned as follows: ten per cent (10%) to the state treasurer for deposit in the state general fund, fifty per cent (50%) to the current expense fund of the county in which the violation occurred and forty per cent (40%) to the state treasurer for deposit in the forest protection fund.
History:
[38-130, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-131 - DEFICIENCY WARRANTS FOR EXCESS COSTS OF FIRE SUPPRESSION.

38-131. DEFICIENCY WARRANTS FOR EXCESS COSTS OF FIRE SUPPRESSION. In event the actual cost for the control or suppression of forest fires in any forest protective district exceeds in any one (1) year the maximum moneys available for forest protection in that district from the forest protection fund or any other special or general fund provided for that purpose, the state board of land commissioners may authorize the issuance of deficiency warrants for the purpose of defraying such excess costs and when so authorized the state controller shall draw deficiency warrants against the general fund.
History:
[38-131, added 1972, ch. 401, sec. 2, p. 1164; am. 1976, ch. 42, sec. 4, p. 93; am. 1994, ch. 180, sec. 65, p. 470; am. 2003, ch. 32, sec. 18, p. 128.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-131A - DEFICIENCY WARRANTS FOR COSTS OF FIRE SUPPRESSION ON STATE-OWNED RANGE LANDS.

38-131A. DEFICIENCY WARRANTS FOR COSTS OF FIRE SUPPRESSION ON STATE-OWNED RANGE LANDS. The state board of land commissioners may authorize the issuance of deficiency warrants for the purpose of paying the costs of fire suppression on state-owned range lands whether or not said lands are adjacent to or intermingled with forest lands. When so authorized, the state controller shall draw deficiency warrants against the general fund.
History:
[38-131A, added 1988, ch. 208, sec. 2, p. 391; am. 1994, ch. 180, sec. 66, p. 470; am. 2003, ch. 32, sec. 19, p. 129.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-132 - REGULATIONS OF THE BOARD — PENALTY FOR VIOLATION.

38-132. REGULATIONS OF THE BOARD — PENALTY FOR VIOLATION. The state board of land commissioners may make such rules and regulations, not inconsistent with this chapter, as may be reasonable and necessary or appropriate for carrying out the provisions of this chapter and for efficient administration thereof. Any person violating any rule or regulation of the board, after written notice of the regulation has been furnished, shall be deemed guilty of the same crime as provided in the section of this chapter to which the rule or regulation pertains or if none be specified, then such violation shall be deemed a petty misdemeanor.
History:
[38-132, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-133 - OFFICERS CHARGED WITH ENFORCEMENT.

38-133. OFFICERS CHARGED WITH ENFORCEMENT. The director of the department of lands and his assistants, fire wardens, conservation officers and their deputies and all other peace officers of the state are hereby charged with the enforcement of the criminal provisions of this chapter and shall have full power and it shall be their duty to arrest with or without warrant any person found violating any of the provisions of this chapter or rules and regulations of the state board of land commissioners after notice made pursuant hereto and take him before a magistrate and make complaint, and when any such officer shall have information that such violation has been committed he shall make similar complaint.
The authority of the fire wardens respecting the control or suppression of forest fires, summoning help or making arrests for violation of this chapter or rules and regulations of the board may extend to any adjacent district or to any part of the state in times of great fire danger, providing that in case of conflict of authority resulting therefrom, the fire warden in whose district the fire is located shall have ultimate control. In emergencies fire wardens may commandeer tools, supplies and equipment and may employ able-bodied persons or compel assistance of able-bodied persons and neither the state board of land commissioners, the director, or his delegates, fire wardens or deputy fire wardens, shall be liable to civil action for trespass committed in the discharge of their duties; provided, that in performing their duties they exercise reasonable care to avoid doing unnecessary damage.
History:
[38-133, added 1972, ch. 401, sec. 2, p. 1164; am. 1974, ch. 17, sec. 8, p. 308.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-134 - FOREST PRACTICES ACT ADMINISTRATION — FUNDING.

38-134. FOREST PRACTICES ACT ADMINISTRATION — FUNDING. The director of the department of lands is charged in section 38-1305, Idaho Code, to administer and enforce the forest practices act on all private forest lands within the state. Funding for this activity shall come from an annual budget request from the general fund and from an annual assessment to be paid by every private owner of forest land in the state. The assessment for private owners of forest lands whose total acres of forest lands are twenty-five (25) acres or fewer shall be equal to the per acre cost multiplied by twenty-five (25). For private owners of forest lands whose total acres of forest lands are twenty-six (26) acres or more, the assessment shall be determined by the state board of land commissioners not to exceed twenty cents (20¢) an acre per year. The assessment shall be collected in the same fashion and at the same time as the forest protection assessment described in section 38-111, Idaho Code.
History:
[38-134, added 1987, ch. 192, sec. 4, p. 395; am. 2003, ch. 78, sec. 1, p. 252; am. 2005, ch. 176, sec. 1, p. 547; am. 2019, ch. 36, sec. 1, p. 103.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-135 - FOREST PRACTICES ADMINISTRATION ACCOUNT.

38-135. FOREST PRACTICES ADMINISTRATION ACCOUNT. There is hereby created in the dedicated fund of the state treasury a forest practices administration account into which shall be paid the assessment on private owners of forest lands as provided in section 38-134, Idaho Code.
History:
[38-135, added 1987, ch. 250, sec. 3, p. 513.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-136 - COMMUNITY FORESTRY TRUST ACCOUNT.

38-136. COMMUNITY FORESTRY TRUST ACCOUNT. (1) There is hereby created within the dedicated fund of the state treasury the community forestry trust account.
(2) The account shall consist of the following:
(a) Donations, gifts, and grants from any source;
(b) Any other moneys which may hereinafter be provided by law; and
(c) Interest earned by the account.
(3) The director or designee of the department of lands may authorize disbursements of moneys from the account for projects related to community forestry.
(4) Not less than thirty-five percent (35%) of the funding for an approved project shall be provided by the entity sponsoring or proposing the project or program. Contributions such as materials, personnel, supplies, or services may be considered as all or part of the funding provided by the petitioning entity.
History:
[38-136, added 1992, ch. 258, sec. 3, p. 750; am. 2019, ch. 116, sec. 5, p. 442.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 4 - FIRE HAZARD REDUCTION PROGRAMS › Section 38-401 - SUPERVISION BY DIRECTOR OF THE DEPARTMENT OF LANDS.

38-401. SUPERVISION BY DIRECTOR OF THE DEPARTMENT OF LANDS. The director of the department of lands shall have the supervision, control and management of all fire hazards created by insects, disease, other natural causes, or by any person engaged in harvesting timber, ties, logs, poles, posts, cordwood, pulpwood, or any other forest product or potential forest product upon lands within the state of Idaho for the protection of forest resources, and shall have supervision, control and management of all fire hazard reduction plans, programs and regulations of or under the forestry laws of the state of Idaho.
The supervision, control, management or reduction, or any combination thereof, of fire hazards referred to in this section and in this chapter may include or be limited to the taking of protective measures reasonably intended to prevent the injury to or the destruction of forest resources without the actual abatement of the hazard. It shall be the public policy of this state, without unnecessarily restricting the director of the department of lands, to reduce, wherever practical, fire hazards by disposal or treatment of the slash created by the harvesting of forest products, having due regard for the effective and economical overall protection of forest land and resources.
In those cases where complete disposal or treatment of the slash is not planned or where partial disposal or treatment is planned the state forest warden shall submit to the director a detailed plan of protection for each separate operation listing the proposed expenditures and the amounts collected or to be collected. The director may approve such plan if the proposed expenditures are limited to one or more of the following:
1. Acquisition of equipment needed for fire protection or reduction of fire hazards referred to in this section.
2. Construction of appropriate structures aiding in fire protection or hazard reduction.
3. Acquisition or contracting for communications or a communication system.
4. Acquisition of appropriate tools, machinery and equipment needed for fire protection or hazard reduction.
5. Payment of personnel and apportioned overhead employed by the forest protective district.
6. Road maintenance and construction in slash areas where a fire hazard exists.
The percentage of total moneys accredited to each forest protective district that may be used within the district for protective measures in lieu of actual abatement of the fire hazards shall be determined annually by the director.
History:
[38-401, added 1945, ch. 74, sec. 1, p. 108; am. 1957, ch. 183, sec. 1, p. 357; am. 1969, ch. 89, sec. 1, p. 296; am. 1974, ch. 17, sec. 12, p. 308.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 4 - FIRE HAZARD REDUCTION PROGRAMS › Section 38-402 - PLANS, PROGRAMS AND RULES — APPROVAL BY STATE BOARDS.

38-402. PLANS, PROGRAMS AND RULES — APPROVAL BY STATE BOARDS. The director of the department of lands is hereby authorized and empowered to adopt plans, programs and rules for the management and reduction of fire hazards for the protection of forest resources, any of which hazards are created by insects, disease, other natural causes, or by any person engaged in harvesting timber, ties, logs, poles, posts, cordwood, pulpwood, or any other forest product or potential forest product upon lands within the state of Idaho.
All such plans, programs and rules for the supervision, management, control, and reduction of fire hazards for the protection of forest resources to be applied in any forest protective district before becoming effective shall be submitted to, and approved by the state board of land commissioners, and all contracts or agreements entered into by the director of the department of lands with any owner or owners, operator or operators of any forest lands covered by sections 38-401—38-410, Idaho Code, before becoming effective, shall be submitted to, and be approved by the state board of land commissioners.
History:
[38-402, added 1945, ch. 74, sec. 2, p. 108; am. 1957, ch. 183, sec. 2, p. 357; am. 1969, ch. 89, sec. 2, p. 296; am. 1974, ch. 17, sec. 13, p. 308.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 4 - FIRE HAZARD REDUCTION PROGRAMS › Section 38-403 - DELEGATION OF POWERS TO STATE FOREST WARDEN.

38-403. DELEGATION OF POWERS TO STATE FOREST WARDEN. The director of the department of lands is hereby authorized and empowered to delegate any power granted to the director under sections 38-401—38-410 to the state forest warden in any forest protective district.
History:
[38-403, added 1945, ch. 74, sec. 3, p. 108; am. 1957, ch. 183, sec. 3, p. 357; am. 1969, ch. 89, sec. 3, p. 296; am. 1974, ch. 17, sec. 14, p. 308.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 4 - FIRE HAZARD REDUCTION PROGRAMS › Section 38-404 - CONTRACTS WITH OWNERS OF FOREST LANDS.

38-404. CONTRACTS WITH OWNERS OF FOREST LANDS. The director of the department of lands is hereby authorized and empowered to enter into agreements with the owners of any forest lands or any operator engaged in operations on lands within the state of Idaho whereby slash is created, and under said contract the director may assume all responsibility created under the forestry laws of the state of Idaho for the management, and reduction of any fire hazard for the protection of forest resources; any such contract shall provide the amount to be paid by the owner or operator to the director by reason of his agreement to assume this responsibility.
History:
[38-404, added 1945, ch. 74, sec. 4, p. 108; am. 1957, ch. 183, sec. 4, p. 357; am. 1969, ch. 89, sec. 4, p. 296; am. 1974, ch. 17, sec. 15, p. 308.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 4 - FIRE HAZARD REDUCTION PROGRAMS › Section 38-405 - METHODS OF REDUCING HAZARDS — CONTRACTS WITH FOREST PROTECTIVE AGENCIES.

38-405. METHODS OF REDUCING HAZARDS — CONTRACTS WITH FOREST PROTECTIVE AGENCIES. The management and reduction of such fire hazards for the protection of forest resources shall be carried on by the director of the department of lands and the state forest wardens in keeping with modern and progressive forest practices in furtherance of reforestation and more effective fire control and in accordance with the plans approved by the state board of land commissioners for the several forest protective districts, and the director or state forest wardens are hereby authorized to enter into contracts with forest protective agencies, including agencies of the United States of America, for the management and reduction of such fire hazards for the protection of forest resources when in their opinion the work can best be accomplished in that manner. The director, state forest wardens and recognized forest protective agencies, including any agency of the United States of America, with which the director or state forest warden has entered into an agreement for the management and reduction of any fire hazard for the protection of forest resources as herein provided, and any officer or official of such agency, shall not be liable for any damage to the land, product, improvement or other things of value of whatsoever nature upon the lands on which the fire hazards are being managed or reduced in accordance with provisions of sections 38-401 to 38-410, Idaho Code, inclusive, when all requisite care and caution has been used and such work is being or has been performed in compliance with the plans, programs, rules and contracts approved as provided in section 38-402, Idaho Code.
History:
[38-405, added 1945, ch. 74, sec. 5, p. 108; am. 1953, ch. 219, sec. 1, p. 334; am. 1957, ch. 183, sec. 5, p. 357; am. 1969, ch. 89, sec. 5, p. 296; am. 1974, ch. 17, sec. 16, p. 308.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 4 - FIRE HAZARD REDUCTION PROGRAMS › Section 38-406 - FOREST LANDS BELONGING TO STATE.

38-406. FOREST LANDS BELONGING TO STATE. The provisions of sections 38-401—38-410, Idaho Code, shall not apply to forest lands belonging to the state of Idaho. Provided, however, the state board of land commissioners may by order direct the director of the department of lands to apply the administration of all the provisions of this chapter to forest lands belonging to the state.
History:
[38-406, added 1945, ch. 74, sec. 6, p. 108; am. 1969, ch. 89, sec. 6, p. 296; am. 1974, ch. 17, sec. 17, p. 308.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 4 - FIRE HAZARD REDUCTION PROGRAMS › Section 38-407 - FOREST MANAGEMENT ACCOUNT.

38-407. FOREST MANAGEMENT ACCOUNT. The state treasurer shall be custodian of an account which is hereby created to be known as the "forest management account," into which shall be paid all funds accruing or received under any and all of the provisions of sections 38-401—38-410, Idaho Code.
History:
[38-407, added 1945, ch. 74, sec. 7, p. 108; am. 1987, ch. 192, sec. 5, p. 395.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 4 - FIRE HAZARD REDUCTION PROGRAMS › Section 38-408 - MONEYS FROM CONTRACTS AND APPROPRIATIONS — EXPENDITURES AND ACCOUNTS.

38-408. MONEYS FROM CONTRACTS AND APPROPRIATIONS — EXPENDITURES AND ACCOUNTS. All moneys paid to the director of the department of lands, or the state forest wardens, under any contract whereby the director assumes the management and reduction of any fire hazard for the protection of forest resources, shall be deposited with the state treasurer and shall be credited to the forest management fund as herein provided.
All moneys appropriated for, accruing to, or received by said fund are hereby appropriated for the purpose specified in sections 38-401—38-410, Idaho Code, and shall only be used in the protective districts where collected. All funds in, or accruing to, the erosion control account after the effective date of this section shall be credited to the forest practices rehabilitation account created in section 38-1313, Idaho Code.
All moneys deposited in said fund shall remain in the state treasury for the use of the director in the payment of items constituting claims against the fund. This fund may be drawn upon by sight drafts signed by the director and attached to vouchers for the planned expenditure, both in such form as the state controller shall prescribe. At such time as the board of examiners may prescribe the director shall present a complete itemized account of all expenditures from said fund. The said board is authorized to approve or reject any item in said account. If any item thereof is disallowed the director or the state forest warden responsible therefor shall replace the amount thereof in the said fund. The amount of the items allowed shall be credited by the state controller to the director.
History:
[38-408, added 1945, ch. 74, sec. 8, p. 108; am. 1957, ch. 183, sec. 6, p. 357; am. 1969, ch. 89, sec. 7, p. 296; am. 1973, ch. 111, sec. 1, p. 201; am. 1974, ch. 17, sec. 18, p. 308; am. 1987, ch. 192, sec. 6, p. 395; am. 1994, ch. 180, sec. 67, p. 471.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 4 - FIRE HAZARD REDUCTION PROGRAMS › Section 38-409 - BOND OF DIRECTOR.

38-409. BOND OF DIRECTOR. The director of the department of lands shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code.
History:
[38-409, added 1945, ch. 74, sec. 9, p. 108; am. 1957, ch. 183, sec. 7, p. 357; am. 1969, ch. 89, sec. 8, p. 296; am. 1971, ch. 136, sec. 23, p. 522; am. 1974, ch. 17, sec. 19, p. 308.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 4 - FIRE HAZARD REDUCTION PROGRAMS › Section 38-410 - CERTIFICATE OF CLEARANCE.

38-410. CERTIFICATE OF CLEARANCE. Any owner or operator who has entered into a contract with the director of the department of state lands for the management and reduction of any fire hazard for the protection of forest resources and upon payment of the contract price in accordance with the terms of said contract and with the full compliance with the terms of said contract by such owner or operator shall be granted a certificate of clearance and be relieved of any and all further liability and responsibility for the removal or reduction of any such fire hazard.
History:
[38-410, added 1945, ch. 74, sec. 10, p. 108; am. 1957, ch. 183, sec. 8, p. 357; am. 1969, ch. 89, sec. 9, p. 296.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 4 - FIRE HAZARD REDUCTION PROGRAMS › Section 38-411 - SEPARABILITY.

38-411. SEPARABILITY. The provisions of this chapter are hereby declared to be separable, and, if any part hereof is declared to be unconstitutional, such shall not affect the validity of the other portions of this chapter.
History:
[I.C., sec. 38-411, as added by 1957, ch. 183, sec. 9, p. 357.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 5 - SEEDING OF BURNED AREAS › Section 38-501 - STATEMENT OF POLICY.

38-501. STATEMENT OF POLICY. In more heavily timbered areas of the state, on lands owned by the federal government, state of Idaho, the counties, individuals, and on land in transit to counties through tax delinquency, devastating forest fires annually denude considerable areas of vegetation and subject such lands to erosion with total loss of top soils; permit an infestation of weeds which imperil adjacent agricultural lands, destroy feed and cover for wild life, and create great distress in agriculture through loss of grazing. Therefore, the seeding of such burned areas to suitable range grasses and/or legumes as soon as possible after the cessation of such fires is declared to be a matter of public welfare to the state.
History:
[38-501, added 1941, ch. 71, sec. 1, p. 135.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 5 - SEEDING OF BURNED AREAS › Section 38-502 - STATE TO CONTROL EROSION BY SEEDING OF GRASSES.

38-502. STATE TO CONTROL EROSION BY SEEDING OF GRASSES. It shall be the duty of the state of Idaho through any legally constituted bureau, division or department thereof having control of any burned over lands, to control erosion thereon, to provide feed and cover for wild life and range for livestock, by providing for seeding grasses and/or legumes. Whenever possible such work shall be done in cooperation with the counties and the federal government, or any agency thereof. It shall be the duty of any officer having charge of any bureau, division or department of the state of Idaho, having under his jurisdiction, lands which may hereafter be burned over, to request the state legislature to provide funds for the seeding of such areas if he has no funds at his disposal which may be used for this purpose.
History:
[38-502, added 1941, ch. 71, sec. 2, p. 135.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 5 - SEEDING OF BURNED AREAS › Section 38-503 - FEDERAL AID.

38-503. FEDERAL AID. The state of Idaho is hereby authorized to cooperate with the federal government, or any established agency thereof, in any program for seeding burned over areas which shall be deemed advisable, and any bureau, division or department of the state, and also any of the individual counties are empowered to accept any advisable program and to make any necessary regulations which are not in contradiction to the purpose of sections 38-501—38-511. The treasurer of the state of Idaho is hereby directed and authorized to accept any funds or grants in aid from the federal government for the purposes declared in sections 38-501—38-511. Expenditures of such funds shall be in manner provided by law, and in conformance with the provisions of federal requirements.
History:
[38-503, added 1941, ch. 71, sec. 3, p. 135.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 5 - SEEDING OF BURNED AREAS › Section 38-504 - COUNTY BOARDS TO COOPERATE WITH OTHER AGENCIES.

38-504. COUNTY BOARDS TO COOPERATE WITH OTHER AGENCIES. It shall be the duty of the various boards of county commissioners of counties to direct seeding of burned over areas and to prescribe methods by which such seeding shall be done. In doing so such boards are hereby authorized to cooperate with other governmental units and with local, state and federal agencies and also with individual land owners.
History:
[38-504, added 1941, ch. 71, sec. 4, p. 135.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 5 - SEEDING OF BURNED AREAS › Section 38-505 - CREATION OF BURN SEEDING AREAS.

38-505. CREATION OF BURN SEEDING AREAS. The boards of county commissioners of the various counties are hereby authorized to create areas that may hereafter be burned over within their respective counties, into "Burn Seeding Areas", and such boards may purchase, or authorize the purchase of seed to seed a part or all of such areas. The county boards are also authorized to enter into contracts with other state agencies or with federal agencies to seed land under the jurisdiction of such agencies within such "Burn Seeding Areas."
Whenever the Board of County Commissioners of any county deems it necessary or desirable to create a "Burn Seeding Area," it must by resolution adopted by a majority of the members of said Board, setting forth in such resolution that such said Burning Seeding Area is necessary within the county, and describing all of the lands included in said area, and fixing a time of hearing. The Clerk of the Board must publish said resolution and a notice requiring all interested persons to appear at a time and place before said Board, as designated in said resolution, and show cause if any they have why said Burn Seeding Area should not be created. Said notice must be published in one issue of a weekly newspaper published in the County. If no newspaper is published in the county, then in such paper as the Board may direct in its resolution. Said resolution and said notice shall provide a date of hearing, which shall be not less than ten days from the date of publication. Upon said hearing, after fully considering said matter, if the Board finds that the creation of said Burn Seeding Area is desirable and necessary, it shall make an order in writing to that effect, and file the same with the Clerk of the District Court in and for said County. Anyone interested may appeal to the District Court under the procedure set forth by Sections 31-1510, 31-1511, 31-1512[, Idaho Code].
History:
[38-505, added 1941, ch. 71, sec. 5, p. 135.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 5 - SEEDING OF BURNED AREAS › Section 38-506 - ABATEMENT OF COSTS AS TAX.

38-506. ABATEMENT OF COSTS AS TAX. Whenever the county board has, pursuant to the provisions contained in sections 38-501—38-511, [Idaho Code,] seeded any area, such board shall prorate the costs and assess the same against the land so seeded. Any state agencies, departments or bureaus having under their jurisdiction land within such areas belonging to the state are hereby authorized and directed to pay the respective assessment against the land under their jurisdiction. Any assessments against land within such areas and any sums due the county for seed furnished to seed burned over land owned by private individuals shall be assessed against such land and entered on the current tax list of the owner thereof, and the charge shall be collected at the same time and in the same manner as general taxes and the lien thereof shall be a charge of equal priority with general taxes.
History:
[38-506, added 1941, ch. 71, sec. 6, p. 135.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 5 - SEEDING OF BURNED AREAS › Section 38-507 - COUNTY BURN SEEDING SUPERVISOR — APPOINTMENT — DUTIES — COMPENSATION AND EXPENSES.

38-507. COUNTY BURN SEEDING SUPERVISOR — APPOINTMENT — DUTIES — COMPENSATION AND EXPENSES. The boards of county commissioners are hereby authorized to appoint or hire a county burn seeding supervisor whose duties shall be as follows:
(1) To advise the board of county commissioners of areas that should be seeded.
(2) To cooperate with the owners of land in this seeding program.
(3) To cooperate with the state and local agencies or agencies of the federal government with any program for seeding which may be operative within the county.
(4) To present to the owners of land and to the board of county commissioners plans for seeding burned over areas.
(5) To do any other things which the board of county commissioners may deem advisable under sections 38-501—38-511.
Such county burn seeding supervisor may be paid his actual expenses incurred by him in the discharge of his duties and may receive compensation for his services in such amounts as may be fixed by the board of county commissioners, payable as a county expense out of the county current expense fund, but not to exceed $8.00 per day or $1,500.00 per annum.
History:
[38-507, added 1941, ch. 71, sec. 7, p. 135.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 5 - SEEDING OF BURNED AREAS › Section 38-508 - BURN SEEDING FUND — DEFICIENCY WARRANTS.

38-508. BURN SEEDING FUND — DEFICIENCY WARRANTS. It shall be the duty of the board of county commissioners of any county in which a burn seeding program is undertaken to establish a fund to be known as the "Burn Seeding Fund" which shall be created out of the county current expense fund. It shall be created on the first Monday of February of each year. In any county in which emergency shall require immediate action in seeding of such burn seeding areas as may be established, the board of county commissioners having jurisdiction over such areas are empowered to pay such costs incurred in such seeding procedure by issuance of deficiency warrants, and shall provide for retirement of such warrants out of a burn seeding fund to be created as hereinabove provided.
History:
[38-508, added 1941, ch. 71, sec. 8, p. 135.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 5 - SEEDING OF BURNED AREAS › Section 38-509 - REPAYMENT TO THE FUND — TAX LEVY — ASSESSMENTS AND PAYMENTS FOR SEED OR SERVICES.

38-509. REPAYMENT TO THE FUND — TAX LEVY — ASSESSMENTS AND PAYMENTS FOR SEED OR SERVICES. Repayments to this fund may be made from the proceeds of a tax levy which may be made by the board of county commissioners which shall not exceed two hundredths percent (.02%) of the market value for assessment purposes on all taxable property in said county. This levy shall be of equal priority with general taxes and shall be collected at the same time and in the same manner as general taxes. Repayments to this fund may also be made from assessments for payments made for seed furnished and services performed in seeding. If payments for seed or services in seeding are not made in the form of cash but are collected in the part of the tax they shall be collected as provided in section 38-506, Idaho Code, and the part assessed for burn seeding costs together with interest thereon at county warrant rates, shall be allocated to burn seeding fund.
History:
[38-509, added 1941, ch. 71, sec. 9, p. 135; am. 1995, ch. 82, sec. 15, p. 227.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 5 - SEEDING OF BURNED AREAS › Section 38-510 - DISBURSEMENTS.

38-510. DISBURSEMENTS. Disbursements from this fund shall be made on order of county commissioners for the purpose of purchasing seed and for services rendered in seeding such burned areas, and any other incidental charges that may be necessary for the operation of sections 38-501—38-511[, Idaho Code].
History:
[38-510, added 1941, ch. 71, sec. 10, p. 135.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 5 - SEEDING OF BURNED AREAS › Section 38-511 - COUNTY COMMISSIONERS MAY PAY PART OF COST OF SEEDING.

38-511. COUNTY COMMISSIONERS MAY PAY PART OF COST OF SEEDING. The board of county commissioners may at its option pay not to exceed one-half (1/2) of the cost of seeding land not owned by the county and may pay the entire cost of seeding county-owned land. The commissioners shall reimburse the current expense fund of the county for the amount of burn seeding fund from the proceeds of the levy provided for in section 38-509.
History:
[38-511, added 1941, ch. 71, sec. 11, p. 135.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 6 - FOREST INSECTS, PESTS AND DISEASE › Section 38-601 - STATEMENT OF POLICY.

38-601. STATEMENT OF POLICY. It is hereby declared to be the public policy of the state of Idaho in order to protect and preserve forest resources from the ravages of the Tussock moth, pine beetle and other destructive forests insects, pests and disease, to protect the watersheds of Idaho, to enhance the production of forests, to promote the stability of forest industry and to protect the recreational values of the forests, to independently and through cooperation with the federal government and private timber owners to adopt measures to control, suppress and eradicate outbreaks of the Tussock moth, pine beetle or other destructive forest insects, pests and disease.
This act is declared to be an emergency measure necessary for the preservation of public health and safety, for the preservation of forest resources, for the preservation of the watersheds and for the preservation of recreational values of the forest lands of this state.
History:
[38-601, added 1947, ch. 139, sec. 1, p. 335; am. 1987, ch. 192, sec. 7, p. 396.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 6 - FOREST INSECTS, PESTS AND DISEASE › Section 38-602 - DETERMINATION OF INFESTED AREAS — POWER OF DIRECTOR OF THE DEPARTMENT OF LANDS — COOPERATION WITH FEDERAL AND OTHER AGENCIES.

38-602. DETERMINATION OF INFESTED AREAS — POWER OF DIRECTOR OF THE DEPARTMENT OF LANDS — COOPERATION WITH FEDERAL AND OTHER AGENCIES. Whenever the director of the department of lands determines that there exists the threat of an infestation of Tussock moth, pine beetle, or other destructive forest insects, pests or disease injurious to the timber or forest growth on forest lands and that said infestation is of such a character as to be a menace to the timber or forest growth of this state, the director of the department of lands may, with the approval of the state board of land commissioners, declare the existence of a zone of infestation, and may declare and fix the boundaries so as to definitely describe and identify the zone of infestation.
Thereupon, the director of the department of lands or his agent shall have the power to go upon the land within said zone of infestation and shall cause the insect, infestation or disease to be suppressed, eradicated and destroyed in the manner approved by the state board of land commissioners and in order to accomplish the purposes of this chapter the director of the department of lands may enter into cooperative agreement with the federal government and other public or private agencies and with timber land owners using such funds as have been or may hereafter be made available for such purposes; provided, that whenever the cost of suppression and eradication of forest insects, pests or diseases on forest lands exceeds the funds appropriated or otherwise available for that purpose, the state board of land commissioners may authorize the issuance of deficiency warrants against the general account for up to two hundred fifty thousand dollars ($250,000) in any one (1) year for such suppression or eradication.
History:
[38-602, added 1947, ch. 139, sec. 2, p. 335; am. 1987, ch. 192, sec. 8, p. 397; am. 1988, ch. 244, sec. 1, p. 478.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 6 - FOREST INSECTS, PESTS AND DISEASE › Section 38-603 - DIRECTOR TO ADOPT PLANS, PROGRAMS AND RULES FOR THE REGULATION, MANAGEMENT AND CONTROL OF FOREST PESTS.

38-603. DIRECTOR TO ADOPT PLANS, PROGRAMS AND RULES FOR THE REGULATION, MANAGEMENT AND CONTROL OF FOREST PESTS. The director of the department of lands shall develop plans, programs and rules for the regulation, management and control of forest insects, diseases, or other pests. These programs, plans and rules shall include, but are not limited to, the areas of prevention, detection, evaluation and control of such pests.
History:
[38-603, added 1987, ch. 192, sec. 9, p. 397.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 6 - FOREST INSECTS, PESTS AND DISEASE › Section 38-604 - FUNDING FOR INSECT AND DISEASE PROGRAM.

38-604. FUNDING FOR INSECT AND DISEASE PROGRAM. The insect and disease program as described in chapter 6, title 38, Idaho Code, shall be incorporated into the forest protection program and shall be funded by moneys from the general account. Funding for special pest control projects may include an appropriation from the general account, contributions from cooperating landowners who have lands included in the project area, as defined in section 38-602, Idaho Code, or any combination of sources.
History:
[38-604, added 1987, ch. 192, sec. 9, p. 398.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 6 - FOREST INSECTS, PESTS AND DISEASE › Section 38-605 - PROJECT COST FOR STATE-OWNED LANDS.

38-605. PROJECT COST FOR STATE-OWNED LANDS. The state’s share of the costs for special pest control projects for state-owned lands within the project area as described in section 38-602, Idaho code [Code], shall be funded by moneys in the forest pest account, and moneys from the state general account.
History:
[38-605, added 1987, ch. 192, sec. 9, p. 398.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 6 - FOREST INSECTS, PESTS AND DISEASE › Section 38-606 - FOREST PEST ACCOUNT.

38-606. FOREST PEST ACCOUNT. There is hereby created in the dedicated fund of the state treasury a forest pest account into which shall be paid all moneys collected or received under any and all provisions of this chapter.
History:
[38-606, added 1987, ch. 192, sec. 9, p. 398.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 6 - FOREST INSECTS, PESTS AND DISEASE › Section 38-607 - APPROVAL OF USE OF THE FOREST PEST ACCOUNT.

38-607. APPROVAL OF USE OF THE FOREST PEST ACCOUNT. All special pest control projects and expenditure of funds in the forest pest account shall be approved by the state board of land commissioners.
History:
[38-607, added 1987, ch. 192, sec. 9, p. 398.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 6 - FOREST INSECTS, PESTS AND DISEASE › Section 38-608 - STATE NOT LIABLE FOR DAMAGES.

38-608. STATE NOT LIABLE FOR DAMAGES. The state of Idaho or the director of the department of lands or his agent shall not be liable for any damage to bees, livestock, or other property or resource injured in the process of treating the infested area under the provisions of sections 38-601—38-608, Idaho Code.
History:
[(38-608) 1947, ch. 139, sec. 3, p. 335; am. and redesignated 1987, ch. 192, sec. 10, p. 398.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 7 - FOREST, WILDLIFE AND RANGE EXPERIMENT STATION › Section 38-701 - EXPERIMENT STATION CREATED.

38-701. EXPERIMENT STATION CREATED. There hereby is created and established in the State University of Idaho, School of Forestry, an experiment station to be known as the Forest, Wildlife and Range Experiment Station of the state of Idaho.
History:
[38-701, added 1939, ch. 259, sec. 1, p. 643.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 7 - FOREST, WILDLIFE AND RANGE EXPERIMENT STATION › Section 38-702 - DIRECTOR — CONTROL — ASSISTANTS AND EMPLOYEES.

38-702. DIRECTOR — CONTROL — ASSISTANTS AND EMPLOYEES. The dean of the School of Forestry of the University of Idaho shall be the director of the forest, wildlife and range experiment station of the state of Idaho. The said experiment station shall be under the control of the state board of regents of the University of Idaho who shall have the power and whose duty it shall be to appoint or designate such assistants and employees as may be necessary, and to fix their compensation.
History:
[38-702, added 1939, ch. 259, sec. 2, p. 643.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 7 - FOREST, WILDLIFE AND RANGE EXPERIMENT STATION › Section 38-703 - DUTIES OF EXPERIMENT STATION.

38-703. DUTIES OF EXPERIMENT STATION. It shall be the duty of the forest, wildlife and range experiment station of the state of Idaho to institute and conduct investigations and research into the forestry, wildlife and range problems of the forest lands of the state; to conduct cooperative investigation and research with the board of land commissioners, the state fish and game commission, the Idaho department of agriculture, other schools and colleges of the University of Idaho, and with other departments and branches of the state government when mutually beneficial; with forest protective associations and with private individuals and agencies; with farm bureaus of the state and with the county agents; and to cooperate in investigation and research with the United States government and its branches, as a land grant institution, or otherwise, in accordance with their regulations.
History:
[38-703, added 1939, ch. 259, sec. 3, p. 643; am. 1974, ch. 18, sec. 225, p. 364.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 7 - FOREST, WILDLIFE AND RANGE EXPERIMENT STATION › Section 38-704 - FIELD EXPERIMENT SUBSTATIONS — ACCEPTANCE OF LAND OR OTHER DONATIONS.

38-704. FIELD EXPERIMENT SUBSTATIONS — ACCEPTANCE OF LAND OR OTHER DONATIONS. The forest, wildlife and range experiment station of the state of Idaho is authorized to establish such field experiment substations as in the judgment of the state board of regents may be necessary. The state board of regents is hereby authorized to accept, for and in behalf of the state of Idaho, such gifts of land or other donations as may be made to the state for the purposes of sections 38-701—38-713.
History:
[38-704, added 1939, ch. 259, sec. 4, p. 643.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 7 - FOREST, WILDLIFE AND RANGE EXPERIMENT STATION › Section 38-705 - REPORTS TO STATE BOARD OF REGENTS.

38-705. REPORTS TO STATE BOARD OF REGENTS. The state board of regents may require from said experiment station, such regular and special reports to be prepared and submitted as it deems necessary.
History:
[38-705, added 1939, ch. 259, sec. 5, p. 643.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 7 - FOREST, WILDLIFE AND RANGE EXPERIMENT STATION › Section 38-706 - FOREST AND TIMBER GROWING PROBLEMS — INVESTIGATION AND RESEARCH.

38-706. FOREST AND TIMBER GROWING PROBLEMS — INVESTIGATION AND RESEARCH. Within the state of Idaho, the forest, wildlife and range experiment station is authorized to investigate and conduct research into the various problems incident to the production of timber either by natural or artificial means, its protection against fire, disease and insects, or any other influences tending to kill or destroy mature or immature forest trees, and the problems of management of forest or wild land to the end that the state and its citizens may derive the greatest benefits both economic and social that flow from such production, protection and management.
History:
[38-706, added 1939, ch. 259, sec. 6, p. 643.]