House

Bill 586
2016 Freedom Index Score (+2)
Analyst: Fred Birnbaum
Date: March 14, 2016

ANALYST'S NOTE: House Bill 586, which limits the acquisition of any additional land in Idaho by the
federal government, unless such acquisition is specifically consented to by an act of the legislature. The
federal government currently controls and manages land equal to about 62 percent of the total land
mass of Idaho. Since the 1976 passage of the Federal Land Policy and Management Act (FLPMA), the
federal government has moved away from the disposal of lands possessed by federal agencies. Federal
land management policies increasingly conflict with the health, safety, and economic security of
Idahoans. HB 586 requires any land transferred to the federal government be approved by the legislature
in accordance with Article 1, Section 8, Clause (paragraph) 17 of the U.S. Constitution.

Point No. 11: Does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho
Constitution?

ANALYSIS: Yes. HB 586 upholds the following language in Article 1, Section 8, Clause 17
(emphasis added), To exercise exclusive Legislation in all Cases whatsoever, over such District
(not exceeding ten Miles square) as may, by Cession of Particular States, and the Acceptance of
Congress, become the Seat of the Government of the United States, and to exercise like Authority
over all Places purchased by the Consent of the Legislature of the State in which the Same shall be,
for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings . (+1)

Point No. 12: Does it restore or uphold the principles of federalism?

ANALYSIS: Yes. HB 586 seeks to limit the ability of the federal government to gain control over
more land within Idahos border without first getting the legislatures consent. Current federal
ownership of 62 percent of the land within Idahos borders puts the state increasingly in the
position of being an administrative unit of the federal government. This bill is needed in view of
the change in federal land disposal policy as a result of FLPMA, Section 102 (a) 1. (+1)