HB 389: State fire $uppression on federal lands — 2025

Rep. Judy Boyle (R-Midvale) introduced House Bill 389 in response to concerns over fires burning on federally-managed public lands each summer. The bill would provide a process for the state to fight fires burning on federal lands. The bill appears to be part of a broader effort to seize public lands, and raises potential constitutional issues with regards to the US Constitution’s Property Clause, as well undermining the Master Fire Agreement between the feds and Idaho, which governs who has primary fire responsibility on which acre.

The bill would allow the Governor of Idaho to declare an emergency, and direct state fire suppression efforts on national forests and Bureau of Land Management lands. Invoices would be sent to the federal government, however it’s unlikely they’d pay them since the Master Agreement excludes unauthorized fire suppression costs, unless the landowner requests support.

Plus, as noted above, the proposals appears to be tied in with efforts to promote control of public lands. In the 1980s, ICL opposed the Sagebrush Rebellion and in the early 2010s we opposed a revived effort to seize and control our public lands. Last year, Utah and Idaho Attorney General sued the federal government in the US Supreme Court. The court rejected the petition, but land seizure efforts remain active, despite the fact that Idahoans of all stripes and persuasions have vociferously opposed these proposals.

In contrast, there has been a much more inclusive movement of Idahoans who have come together to find collaborative solutions to the issues facing our public lands. Whether it’s concern over wildfires, a desire to see improved access and water quality, or support for land protection, these collaborative and cooperative efforts have demonstrated they are a far better option than demanding title or management authority over our shared public lands.