By Ruth Brown, Idaho Reports

The Idaho Council on Indian Affairs met Friday to discuss needed amendments to legislation that passed earlier this year and resulted in an unintended consequence.

HB 173 passed earlier this year with the intent of preventing foreign governments from purchasing or acquiring a controlling interest in Idaho agricultural land, water rights, mining claims or mineral rights. The bill was targeting countries that may be adversarial to the United States, but it did not include Idaho’s tribal governments as “non-foreign governments.”

“Foreign government” means a government other than the federal government of the United States or the government of any state, political subdivision of a state, territory, or possession of the United States.

Idaho Code 55-103 after passage of HB 173

Blake Youde, lobbyist for the Shoshone-Bannock Tribe, explained that this was noticed by tribal counsel during a real estate acquisition process. Idaho is home to five federally recognized tribes.

“What’s happened is it has created some confusion among title companies and county clerks even because it’s such a specific definition,” Youde told the council. “The amendment we would propose is to include federally recognized Indian tribes in that list of what is not a foreign government.”

Youde said he’d spoken with the bill sponsor and they were open to the amendment, even with an emergency clause, should it pass the Legislature during the next session.

The Council agreed a bill fix should be brought at the beginning of the next legislative session.

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