Port districts shall have the right to acquire all state-owned real property, whether now owned or hereafter acquired in any manner, including lands reclaimed from the beds of navigable streams as a result of diking or other public improvements, when such real property is within the area encompassed by the port district’s plan of harbor improvement and port development and/or its plan of industrial development, provided that such real property is not then being utilized by the state or any political subdivision or agency thereof, in which case the rights shall not accrue to the port district until the real property becomes surplus to such entity. A port commission desiring to acquire such real property shall so notify the state board of land commissioners, which shall thereupon, after appraisal thereof if deemed necessary, for adequate and valuable consideration, convey such real property to such port district by negotiated or exchange sale, and the provisions of this act, as to such lands, shall be in lieu of the provisions of title 58, Idaho Code.
Provided that sections 70-1617 and 70-1618[, Idaho Code,] shall not apply to any state lands upriver of any highway bridge not having a lift or draw span.