US Laws, Codes, Statutes & Cases

                                  TITLE  38
                        FORESTRY, FOREST PRODUCTS AND
                              STUMPAGE DISTRICTS
                                  CHAPTER 1
                              IDAHO FORESTRY ACT
    38-104.  COOPERATION WITH OTHER AGENCIES -- RESTRICTIONS. (1) The director
of the department of lands, in executing the provisions of this chapter,
insofar as it relates to privately owned forest or range land, shall have
authority to cooperate with federal, county, state, municipal and private
agencies, all voluntary forest or range land protective associations now
organized and which may from time to time hereafter be organized within the
state of Idaho, and he shall have authority to:
    a.  Enter into agreements with the federal government, under such terms as
    he deems advisable or as may be provided by law, and renew, revise or
    terminate such agreements for the purpose of furnishing, operating and
    maintaining a protective system for the detection, prevention and
    suppression of forest or range fires; provided, that the costs and
    expenses incurred, accruing and contracted for by the terms of said
    agreements shall be paid from the appropriations or funds available for
    the protection of forest land. Funds collected from owners of forest lands
    shall be used only for the benefit of forest lands within the forest
    protective district from which collected.
    b.  Enter into agreements with any county or municipality on such terms
    and under such conditions as he may deem wise, and subject to the approval
    of the board, for the detection, prevention or suppression of forest fires
    on any lands within said county or municipality, or for the protection and
    forest management of any lands over which such county or municipality has
    jurisdiction, or for reforestation or afforestation of lands within said
    county or municipality, whenever any county or municipality shall have
    made any appropriations therefor.
    c.  Subject to the provisions of subsection (d) hereof, enter into
    agreements, with the approval of the board, with any person, firm,
    organization, association, corporation, state board, officer or agency
    owning and/or controlling any forest or range land, or whose function,
    desire and/or duty it is to protect any forest or range land from forest
    or range fires, under such terms and conditions as he deems advisable or
    as may be required by law, and renew, revise or terminate such agreements,
    for the purpose of furnishing, operating and maintaining, a protective
    system for the detection, prevention and suppression of forest or range
    fires in forest protective districts; provided, that no agreements entered
    into under authority of this section shall provide that the same shall pay
    more than its pro rata share as provided in section 38-114, Idaho Code,
    and provided, further, that the costs and expenses incurred, accruing or
    contracted for by the terms of said agreement shall be paid from
    appropriations or funds available for the protection of forest or range
    lands from forest or range land fires, or from moneys recovered from
    persons held responsible under this chapter for the payment thereof.
    d.  The director shall not contract with any timber protective association
    unless such association limits its lobbying activities only to securing
    the passage, repeal, or amendment of laws that directly concern the
    individual association and its program of conservation and fire
    protection, nor shall he contract with any timber protective association
    whose bylaws or contracts do not provide for the dissolution of such
    associations by the consent or resolution of its members or members whose
    total acreage within such association constitutes at least sixty-seven per
    cent (67%) of the total acreage within the association's jurisdiction.
    Upon dissolution the association shall provide for the distribution of the
    association's assets to a qualified successor organization in accordance
    with section 501(c)(4) of the United States internal revenue code. An
    association may be incorporated or unincorporated. For the purposes of
    this chapter, the state shall be deemed a member of such association if it
    has entered into an agreement therewith.
    (2)  As a condition of any contract of the state with any timber
protective association, the liability of the state is limited to the amount
established by the laws of the state governing the contract or a tort
liability of the state. As a further condition of any contract of an
association with the state, no association shall settle or compromise any
claim or suit against it without prior approval of the state land board.
    (3)  Prior to state participation or prior to continued state
participation as a member of any timber protective association the director
shall annually review and inspect the association for the following:
    a.  The governing and managing structure of the association;
    b.  The condition of equipment and its proposed use;
    c.  The adequacy of liability insurance; and,
    d.  The training of all association personnel.
    The director shall report his findings and make recommendations to the
state land board. If the state land board determines that the association is
unable to perform its proper duties or is unsuitable for continued state
membership the state land board shall give the association one (1) year in
which to make the necessary improvements and if this is not done within one
(1) year then the land board shall cause the state to withdraw its membership
from the association or take the necessary steps to dissolve the association.