Bill description: HB 637 would ensure that the state and individuals maintain access to rights-of-way on federal land.
Does it violate the principles of federalism by increasing federal authority, yielding to federal blandishments, or incorporating changeable federal laws into Idaho statutes or rules? Examples include citing federal code without noting as it is written on a certain date, using state resources to enforce federal law, and refusing to support and uphold the Tenth Amendment. Conversely, does it restore or uphold the principles of federalism?
Within the state of Idaho, with about 62 percent of the state owned by the federal government, the state of Idaho and its residents are granted access to rights-of-way that provide access through these lands. HB 637 would protect the state’s access to public land by prohibiting the federal government from taking away these rights-of-way. The bill would specify that the state does not waive its rights simply because the right is omitted from a map, plat, or description of the land and also allows the state the ability to make the most use of these rights-of-way by expanding or improving roads. Private individuals would also be guaranteed access to these rights-of-way if the federally-owned land is adjacent to or surrounding their private property.
By protecting the ability of the state and its residents to access land federally-owned land within the state, HB 637 would protect the state of Idaho’s sovereignty within its own borders.
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