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State Statutes - Idaho - Title 58 - Chapter 1 - 58-104
Idaho Statutes
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58-104 - STATE LAND BOARD -- POWERS AND DUTIES
The state board of land
commissioners shall have power:
1. To exercise the general direction, control and disposition of the
public lands of the state.
2. To appoint its executive officer, the director of the department of
lands.
3. To perform legislative functions not inconsistent with law and to
delegate to its executive officer and his assistants the execution of all
policies adopted by it.
4. To review upon appeal all decisions of the director of the department
of lands in contested matters.
5. To determine the policy, direct the work to be undertaken, solicit
bids, contract for work to be performed, and appropriate from its funds the
money necessary to carry out such work.
6. To prescribe rules, not inconsistent with law, for the government of
the department, the conduct of its employees and clerks, the distribution and
performance of its business and the custody, use and preservation of the
records, papers, books, documents, and property pertaining thereto.
7. To engage in reseeding and reforestation programs on the public lands
of the state.
8. To exchange any public lands of the state, over which the board has
power of disposition and control for lands of equal value, the title to which,
or power of disposition, belongs or is vested in the governing body or board
of trustees of any state governmental unit, agency or institution.
9. To regulate and control the use or disposition of lands in the beds of
navigable lakes, rivers and streams, to the natural or ordinary high water
mark thereof, so as to provide for their commercial, navigational,
recreational or other public use; provided, that the board shall take no
action in derogation of or seeking to interfere with the riparian or littoral
rights of the owners of upland property abutting or adjoining such lands;
except that when necessary to provide for the highest and best use of such
lands for commercial, navigational, recreational or other public purposes, the
board may acquire the riparian or littoral rights of upland owners by purchase
or gift. The term "natural or ordinary high water mark" as herein used shall
be defined to be the line which the water impresses on the soil by covering it
for sufficient periods to deprive the soil of its vegetation and destroy its
value for agricultural purposes. Provided that this definition shall not be
construed so as to affect or change the vested property rights of either the
state of Idaho or of riparian or littoral property owners. Lands lying below
the meander line of a lake bed encompassing a national wildlife refuge as
established under the authority of the Migratory Bird Conservation Act of
February 18, 1929 (45 Stat. 1222), as amended, or the Fish and Wildlife
Coordination Act (48 Stat. 401), as amended, or the Fish and Wildlife Act of
1956 (70 Stat. 1119), as amended (16 USC 742a through 742i), are not subject
to the application of this act.
10. To enter into a joint exercise of powers agreement with the United
States forest service in the department of agriculture, pursuant to section
67-2328, Idaho Code.
11. To direct and oversee the conduct and operations of the endowment fund
investment board and the Idaho department of lands.
12. To appoint and consult with expert advisors for each critical function
for which the state board of land commissioners has responsibility. In this
context, the term "expert advisor" shall mean a person engaged in the business
for which he holds himself out to be an expert and who is experienced in that
field.
13. Strategically plan and establish policies to coordinate the management
of state lands with the investment goals of the permanent endowment funds and
earnings reserve funds.
14. To provide reports of the status and performance of state endowment
lands and the respective endowment funds to the state affairs committees of
the senate and the house of representatives within fourteen (14) days after a
regular session of the legislature convenes.
15. To make distributions to endowment income funds as provided in section
57-723A, Idaho Code.
 
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