US Laws, Codes, Statutes & Cases

                                   TITLE 36
                                FISH AND GAME
                                  CHAPTER 18
                      FEDERAL AID FOR FISH AND WILDLIFE
                             RESTORATION PROJECTS
    36-1807.  PUBLIC HEARINGS -- INFORMATION -- APPROVAL OR DISAPPROVAL --
PURCHASES OF FIVE ACRES OR LESS. Whenever the creation, establishment or
enlargement of any heretofore established or hereafter to be established
cooperative wildlife restoration project or migratory bird reservation, as
provided in sections 36-1801 and 36-1806, Idaho Code, shall contemplate,
require or involve the acquisition of privately owned property by either the
state of Idaho or the United States, neither the state of Idaho, the Idaho
fish and game commission, nor any other officer, person or agency of the state
of Idaho authorized to act for the state of Idaho shall consent to, approve
of, concur in, assent to or authorize establishment of or enlargement of any
cooperative wildlife restoration project or migratory bird reservation unless
a public hearing has been held in the county or counties where the proposed
cooperative wildlife restoration project or migratory bird reservation is to
be established or enlarged or the proposed lands are to be acquired and until
fifteen (15) days shall have elapsed following such hearing.
    Notice of such public hearing shall be given by certified mail to the
board of county commissioners of the county or counties affected and by
publication in a newspaper or newspapers having general circulation within
such county or counties. Such publication shall be given so that the first
such publication shall be at least ten (10) and not more than fifteen (15)
days before the date of hearing and if published weekly, shall be published in
at least two (2) successive issues and if published daily, shall be published
in at least seven (7) successive issues. The notices shall contain a brief
description of the proposed project and a general description of the proposed
location thereof and the place and time of hearing and state that all
interested persons may appear and be heard.
    At the hearing, the commission shall present or cause to be presented oral
and documentary evidence as to the land areas affected, the existing use of
and production from said lands, the probable changes in use and production of
said lands if included in such project, the existing tax to all taxing
districts payable from such lands and the estimated amount of any payments in
lieu of taxes, if any, and to what taxing district such in-lieu payments will
be made if the lands be included in such project. The board of county
commissioners of the county or counties affected and other persons present may
present oral or documentary evidence upon any of the above matters and upon
any other matters showing the economic effect the proposal would have upon the
county or counties and their residents. Statements will be received, either
oral or written, from any county resident present who shall wish to make his
views known either in favor of or in opposition to such proposed project. From
and after such hearing the board of county commissioners of the county or
counties affected shall have fifteen (15) days to recommend and file approval
or disapproval of such proposed project. Failure of the board to act within
said period shall be deemed approval by them of the proposed project. If the
board of any county affected shall recommend disapproval of such project, then
the state of Idaho or any agency, commission or officer thereof shall not
consent, concur, approve or assent to such project without first giving
serious consideration to the objections of the board of county commissioners
and filing with the board of county commissioners a written statement
reasonably explaining the reasons for giving the consent, concurrence,
approval or assent in the face of such objections. In the event (of) no such
consent, concurrence, approval or assent is given, nothing herein contained
shall be construed to prevent reconsideration of such proposals, or
modification thereof, from time to time upon the same procedures for notice
and hearing as set forth hereinabove.
    No assent, approval, consent, or recommendation, as required by sections
36-1801 or 36-1806, Idaho Code, shall be of any force or effect until the
requirements for notice and hearing as set forth herein have been satisfied.
Nothing in this chapter shall be applicable to land purchases of five (5)
acres or less.