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H0555aa....................................................by STATE AFFAIRS
SOIL CONSERVATION COMMISSION - Amends, adds to and repeals existing law to
revise provisions relating to soil conservation districts and the powers and
duties of the state Soil Conservation Commission.
02/05 House intro - 1st rdg - to printing
02/06 Rpt prt - to Agric Aff
02/21 Rpt out - to Gen Ord
02/25 Rpt out amen - to engros
02/26 Rpt engros - 1st rdg - to 2nd rdg as amen
02/27 2nd rdg - to 3rd rdg as amen
03/04 3rd rdg as amen - PASSED - 63-1-6
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
Collins, Crow, Cuddy, Deal, Denney, Ellsworth, Eskridge, Field(13),
Field(20), Gould, Hadley, Hammond, Henbest, Higgins, Hornbeck,
Jaquet, Jones, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
Martinez, McKague, Meyer, Montgomery, Mortensen, Pearce, Pischner,
Pomeroy, Raybould, Ridinger, Robison, Sali, Schaefer, Shepherd,
Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail,
Wheeler, Wood, Young, Mr. Speaker
NAYS -- Harwood
Absent and excused -- Ellis, Gagner, Kellogg(Duncan), Moyle, Roberts,
Sellman
Floor Sponsor - Stevenson
Title apvd - to Senate
03/05 Senate intro - 1st rdg - to Agric Aff
03/08 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsors - Little & Stennett
Title apvd - to House
03/15 To enrol - rpt enrol - Sp signed
Pres signed
03/15 To Governor
03/27 Governor VETOED
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 555
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO SOIL CONSERVATION DISTRICTS; REPEALING SECTIONS 22-2701, 22-2702
3 AND 22-2716, IDAHO CODE; AMENDING CHAPTER 27, TITLE 22, IDAHO CODE, BY THE
4 ADDITION OF A NEW SECTION 22-2716, IDAHO CODE, TO PROVIDE LEGISLATIVE
5 DETERMINATIONS AND DECLARATION OF POLICY; AMENDING SECTION 22-2717, IDAHO
6 CODE, TO FURTHER DEFINE TERMS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
7 SECTION 22-2718, IDAHO CODE, TO SET FORTH ADDITIONAL POWERS AND DUTIES OF
8 THE SOIL CONSERVATION COMMISSION AND TO MAKE TECHNICAL CORRECTIONS;
9 REPEALING SECTIONS 22-2728 AND 22-2729, IDAHO CODE; AMENDING SECTION
10 22-2730, IDAHO CODE, TO REMOVE LANGUAGE RELATING TO THE CONTROL OF AGRI-
11 CULTURAL NONPOINT SOURCE POLLUTION, TO PROVIDE THAT THE SOIL CONSERVATION
12 COMMISSION SHALL ESTABLISH A LIST OF PRIORITY PROJECTS FOR CONSERVATION
13 IMPROVEMENTS, PROJECTS AND PROGRAMS AND THE WATER QUALITY PROGRAM FOR
14 AGRICULTURE, TO MAKE TECHNICAL CORRECTIONS AND TO PROVIDE CORRECT TERMI-
15 NOLOGY; AMENDING SECTION 22-2731, IDAHO CODE, TO PROVIDE THAT FUND MONEYS
16 SHALL BE ALLOCATED TO IMPLEMENT CONSERVATION IMPROVEMENTS, PROJECTS AND
17 PROGRAMS; AMENDING SECTION 22-2733, IDAHO CODE, TO REVISE APPLICABLE PRO-
18 CEDURES FOR APPLICATION, APPROVAL AND GRANT AGREEMENTS RELATING TO GRANTS
19 FROM THE GENERAL FUND, TO PROVIDE REFERENCES TO THE SOIL CONSERVATION COM-
20 MISSION GENERAL FUND, TO PROVIDE A REFERENCE TO CONSERVATION PROJECTS AND
21 PROGRAMS AND THE WATER QUALITY PROGRAM FOR AGRICULTURE, TO MAKE TECHNICAL
22 CORRECTIONS AND TO MAKE A GRAMMATICAL CHANGE; AMENDING SECTION 22-2734,
23 IDAHO CODE, TO REVISE APPLICABLE PROCEDURES FOR APPLICATION AND APPROVAL
24 RELATING TO COST-SHARE PROJECTS, TO REMOVE LANGUAGE REFERENCING THE AVAIL-
25 ABILITY OF MONEYS IN THE RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT
26 FUND, TO PROVIDE REFERENCES TO THE SOIL CONSERVATION COMMISSION GENERAL
27 FUND, TO MAKE TECHNICAL CORRECTIONS AND TO MAKE A GRAMMATICAL CHANGE; AND
28 AMENDING SECTION 4, CHAPTER 259, LAWS OF 1997, TO REMOVE A SUNSET PROVI-
29 SION.
30 Be It Enacted by the Legislature of the State of Idaho:
31 SECTION 1. That Sections 22-2701, 22-2702 and 22-2716, Idaho Code, be,
32 and the same are hereby repealed.
33 SECTION 2. That Chapter 27, Title 22, Idaho Code, be, and the same is
34 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
35 ignated as Section 22-2716, Idaho Code, and to read as follows:
36 22-2716. LEGISLATIVE DETERMINATIONS AND DECLARATION OF POLICY. (1) It is
37 the determination of the state of Idaho that:
38 (a) Forestlands, rangelands and agricultural lands maintained in a
39 healthy condition are a legitimate land use contributing to the economic,
40 social and environmental well-being of the state and its citizens;
41 (b) It is essential to the general welfare of all citizens of this state
42 that multiple use conservation improvements be implemented on a broader
2
1 scale on both public and private lands;
2 (c) Due to numerous economic and practical problems relating to the
3 improvement of individual tracts of land, both public and private, insuf-
4 ficient attention has been given to resource conservation and improvement
5 projects of the nature contemplated by this chapter that would enhance the
6 economic productivity and environmental quality of the state; and
7 (d) It is sound public policy for the state of Idaho to provide for
8 accounts to finance loans, grants, cost-share funding and tax incentives
9 to the end that forestlands, rangelands and agricultural lands within the
10 state can provide the greatest benefit to all concerned.
11 (2) It is the intent of the state of Idaho to provide a means by which
12 funds, including federal, state, private and other moneys, can be obtained and
13 utilized for the accelerated development of water quality programs, multiple
14 use forestland, rangeland and agricultural land conservation improvements in
15 the state and to provide that these improvements, projects and programs be
16 locally planned, coordinated and implemented through statutory provisions per-
17 taining to soil conservation districts, the state soil conservation commission
18 and appropriate state and federal agencies and the owners and operators of
19 privately owned lands.
20 (3) It is in the best interest of the state of Idaho:
21 (a) To emphasize nonregulatory, science-based technical assistance,
22 incentive-based financial programs and informational and educational pro-
23 grams at the local level;
24 (b) To maintain, preserve, conserve and rehabilitate forestlands,
25 rangelands and agricultural lands to assure the protection and productiv-
26 ity of the state's natural resources;
27 (c) That soil conservation districts, as governmental subdivisions, and
28 the state soil conservation commission, as a state agency, are the primary
29 entities to provide assistance to private landowners and land users in the
30 conservation, sustainment, improvement and enhancement of Idaho's natural
31 resources;
32 (d) To establish policies for cooperative working relationships between
33 local soil conservation districts, the state soil conservation commission,
34 local, state and federal agencies and public and private groups to plan,
35 develop and implement conservation goals and initiatives with local land-
36 owners and land users;
37 (e) That soil conservation districts and the state soil conservation com-
38 mission lead nonregulatory efforts to conserve, sustain, improve and
39 enhance Idaho's private and state lands and to provide assistance to pri-
40 vate landowners and land users to plan, develop and implement conservation
41 plans addressing soil, water, air, plant and animal resources. Technical,
42 financial and educational assistance to landowners and land users is vital
43 to that effort; and
44 (f) That the state soil conservation commission provide support to soil
45 conservation districts in the wise use and enhancement of soil, water and
46 related resources.
47 (4) It is the policy of the state of Idaho:
48 (a) To provide appropriate tax policies and program mechanisms that pro-
49 vide incentives for private landowners and land users to voluntarily man-
50 age forestlands, rangelands and agricultural lands in a manner that pro-
51 motes conservation;
52 (b) That the health, safety and general welfare of the people of this
53 state can be greatly enhanced by providing nonregulatory opportunities to
54 landowners and land users in order to increase the ability of such land-
55 owners and land users to readily understand and plan for local, state and
3
1 federal natural resource requirements and opportunities through technolog-
2 ical innovation and processes;
3 (c) To enhance natural resource productivity in order to promote a strong
4 natural resource sector, reduce unintended adverse effects of resource
5 development and use, protect individual and community health and safety
6 and encourage stewardship;
7 (d) That conservation plan implementation shall include best management
8 practices implemented according to the standards and specifications devel-
9 oped by the United States department of agriculture natural resources con-
10 servation service (NRCS) as designated by the agricultural pollution
11 abatement plan and including, but not limited to: irrigation water manage-
12 ment systems; prescribed grazing; forest stand improvement; establishment
13 of grass, trees and shrubs to reduce wind and water erosion; promotion of
14 sound community development; protection of water and air resources from
15 agricultural nonpoint sources of impairment; maintenance, restoration or
16 enhancement of wetlands and fish and wildlife habitat; protection of
17 upstream watersheds from flood risk; and protection of watersheds from the
18 effects of chronic water shortages and risks; and
19 (e) That all conservation programs authorized pursuant to this chapter
20 shall deliver services fairly and equitably, strengthen the conservation
21 district delivery system, provide timely science-based information and
22 provide conservation information and educational programs and experiences
23 to youths and adults.
24 SECTION 3. That Section 22-2717, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 22-2717. DEFINITIONS. Whenever used or referred to in this act chapter
27 and in section 63-3024B, Idaho Code, unless a different meaning clearly
28 appears from the context:
29 (1) "District," or "soil conservation district" or "soil and water con-
30 servation district" means a governmental subdivision(s) of this state, and a
31 public body corporate and politic, organized in accordance with the provisions
32 of this act chapter, for the purposes, with the powers, and subject to the
33 restrictions hereinafter set forth.
34 (2) "Supervisor" means one (1) of the members of the governing body of a
35 district elected or appointed in accordance with the provisions of this act
36 chapter.
37 (3) "Commission" or "state soil conservation commission" means the agency
38 created in section 22-2718, Idaho Code.
39 (4) "Agriculture" or "department of agriculture" means an executive
40 department of state government created in section 22-101, Idaho Code.
41 (5) "Petition" means a petition filed under the provisions of subsection
42 A. of section 22-2719, Idaho Code, for the creation of a district.
43 (6) "Nominating petition" means a petition filed under the provisions of
44 section 22-2721, Idaho Code, to nominate candidates for the office of supervi-
45 sor of a soil conservation district.
46 (7) "State" means the state of Idaho.
47 (8) "Agency of this state" includes the government of this state and any
48 subdivision, agency, or instrumentality, corporate or otherwise, of the gov-
49 ernment of this state.
50 (9) "United States" or "agencies of the United States" includes the
51 United States of America, the natural resources conservation service of the
52 United States department of agriculture, and any other agency or instrumental-
53 ity, corporate or otherwise, of the United States of America.
4
1 (10) "Government" or "governmental" includes the government of this state,
2 the government of the United States, and any subdivisions, agency, or instru-
3 mentality, corporate or otherwise, of either of them.
4 (11) "Landowner" includes any person, firm, or corporation who shall hold
5 title to any lands lying within a district organized under the provisions of
6 this act chapter. A buyer on contract, who is the occupier of land, shall be
7 construed as landowner.
8 (12) "Due notice" means notice published at least twice, with an interval
9 of at least seven (7) days between the two (2) publication dates, in a news-
10 paper or other publication of general circulation within the appropriate area,
11 or if no such publication of general circulation be available, by posting at a
12 reasonable number of conspicuous places within the appropriate area, such
13 posting to include, where possible, posting at public places where it may be
14 customary to post notices concerning county or municipal affairs generally. At
15 any hearing held pursuant to such notice, at the time and place designated in
16 such notice, adjournment may be made from time to time without the necessity
17 of renewing such notice for such adjournment dates.
18 (13) "Qualified elector" means any person who is qualified to vote pursu-
19 ant to the requirements of section 34-104, Idaho Code.
20 (14) "Idaho association of soil conservation districts (IASCD)" means an
21 incorporated, nongovernmental entity representing all soil conservation dis-
22 tricts in Idaho.
23 (15) "Idaho OnePlan" means a computer-based system for improving effi-
24 ciency and effectiveness of natural resource planning by landowners and land
25 users.
26 (16) "Agricultural pollution abatement plan" or "ag plan" means the docu-
27 ment, developed by the state soil conservation commission and approved by the
28 commission and the department of environmental quality, that provides appro-
29 priate technical, programmatic, informational and educational processes,
30 guidelines and policies for addressing agricultural pollution.
31 (17) "Best management practices" or "BMPs" means practices or combinations
32 of practices determined to be the most effective, practical means of prevent-
33 ing or reducing the amount of pollution generated by nonpoint sources to a
34 level compatible with conservation goals related to water quality or other
35 goals.
36 (18) "Conservation plan" means a description of identified natural
37 resource issues and a specific schedule of implementation of component prac-
38 tices necessary to resolve those specific resource issues.
39 (19) "Designated agency" is as defined in section 39-3602, Idaho Code.
40 (20) "Land user" means any entity with a lease, permit or similar business
41 agreement with a landowner to implement, manage or utilize such land for
42 activities related to use of the land.
43 (21) "Natural resources conservation service" or "NRCS" means the agency
44 specified in 16 U.S.C. sections 590a through 590d and 590f.
45 (22) "Owner" means the party or parties having fee simple interest in the
46 real property; provided however, that where the real property is subject to a
47 real estate sales contract, "owner" means the contract vendee under the
48 recorded contract.
49 (23) "Riparian area," "riparian habitat" or "riparian land" means the land
50 adjacent to or in contact with a water body and:
51 (a) That is considered a transition between aquatic (saturated) and
52 upland areas;
53 (b) Where vegetation and physical (soil) characteristics reflect the
54 influence by a permanent surface or groundwater source; and
55 (c) Where an area supports the prevalence of vegetation suited to satu-
5
1 rated soils.
2 (24) "Specifications" means the materials, operations and procedures nec-
3 essary to obtain the desired standards of construction and installation.
4 (25) "Standards" means the minimum limits of technical excellence of a
5 component practice for its planning, design and construction.
6 (26) "Total maximum daily load" is as defined in section 39-3602, Idaho
7 Code.
8 SECTION 4. That Section 22-2718, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 22-2718. STATE SOIL CONSERVATION COMMISSION. A. (1) There is hereby
11 established and created in the department of agriculture of the state of Idaho
12 the state soil conservation commission which shall in cooperation with the
13 director of the department of agriculture perform all functions conferred upon
14 it by this chapter. The soil conservation commission shall be a nonregulatory
15 agency. The commission shall consist of five (5) members appointed by the gov-
16 ernor, but no more than three (3) members shall be a member of the same polit-
17 ical party. The term of office of each commission member shall be five (5)
18 years; except that upon July 1, 1967, the governor shall appoint one (1) mem-
19 ber for a term of one (1) year, one (1) member for a term of two (2) years,
20 one (1) member for a term of three (3) years, one (1) member for a term of
21 four (4) years and one (1) member for a term of five (5) years. From and after
22 the initial appointment the governor shall appoint a member of the commission
23 to serve in office for a term of five (5) years commencing upon July 1 of that
24 year. A vacancy which occurs in an unexpired term shall be filled for its
25 remainder by the governor's appointment. Any commissioner may be removed dur-
26 ing his term of office by the governor. Any commissioner so removed shall have
27 notice of the same in writing, specifying the reasons for the removal. Each
28 vacancy on the commission shall be filled by appointment by the governor. Such
29 appointments shall be confirmed by the senate. The commission may invite the
30 state conservationist of the United States department of agriculture natural
31 resources conservation service, the president of the Idaho association of soil
32 conservation districts and the dean of the college of agriculture of the uni-
33 versity of Idaho or his designated representative to serve as nonvoting advi-
34 sory members of the commission. The commission shall keep a record of its
35 official actions, shall adopt a seal, which seal shall be judicially noticed,
36 and may perform such acts, hold such public hearings, and promulgate such
37 rules as may be necessary for the execution of its functions under this act
38 chapter.
39 B. (2) The director of the department of agriculture shall appoint the
40 administrator of the soil conservation commission from persons recommended by
41 the soil conservation commission. The state soil conservation commission may
42 employ such technical experts and such other agents and employees, permanent
43 and temporary, as it may require, and shall determine their qualifications,
44 duties and compensation. The commission may call upon the attorney general of
45 the state for such legal services as it may require. It shall have authority
46 to delegate to its chairman, to one (1) or more of its members, or to one (1)
47 or more agents or employees, such powers and duties as it may deem proper. It
48 shall be supplied with suitable office accommodations, and shall be furnished
49 with the necessary supplies and equipment. Upon request of the commission, for
50 the purpose of carrying out any of its functions, the supervising officer of
51 any state agency, or of any state institution of learning shall insofar as may
52 be possible under available appropriation, and having due regard to the needs
53 of the agency to which the request is directed, assign or detail to the com-
6
1 mission members of the staff or personnel of such agency or institution of
2 learning, and make such special reports, surveys, or studies as the commission
3 may request.
4 C. (3) The commission shall designate its chairman, and may from time to
5 time, change such designation. A majority of the commission shall constitute a
6 quorum, and the concurrency of a majority in any matter within their duties
7 shall be required for its determination. The chairman and members of the com-
8 mission shall be compensated as provided by section 59-509(h), Idaho Code. The
9 commission shall provide for the execution of surety bonds for all employees
10 and officers who shall be entrusted with funds or property; shall provide for
11 the keeping of a full and accurate record of all proceedings and of all reso-
12 lutions, and orders issued or adopted; and shall provide for an annual audit
13 of the accounts of receipts and disbursements.
14 D. (4) In addition to the duties and powers hereinafter conferred upon
15 the state soil conservation commission, it shall have the following responsi-
16 bilities:
17 (1a) To offer such assistance as may be appropriate to the supervisors of
18 soil conservation districts, organized as provided hereinafter, in the
19 carrying out of any of their powers and programs.
20 (2b) To keep the supervisors of each of the several districts organized
21 under the provisions of this act chapter informed of the activities and
22 experience of all other districts organized hereunder, and to facilitate
23 an interchange of advice and experience between such districts and cooper-
24 ation between them.
25 (3c) To coordinate the progress of the several soil conservation dis-
26 tricts organized hereunder so far as this may be done by advice and con-
27 sultation.
28 (4d) To secure the cooperation and assistance of the United States and
29 any of its agencies, and of agencies of this state, in the work of such
30 districts.
31 (5e) To disseminate information throughout the state concerning the
32 activities and programs of the soil conservation districts in areas where
33 their organization is desirable.
34 (6f) To provide for the establishment and encouragement of the "Idaho
35 OnePlan" as a primary computer-based conservation planning process for all
36 natural resource concerns. Establishment and encouragement will be accom-
37 plished through an executive group and steering committee both containing
38 private, state and federal representation. The information provided by
39 those using the "Idaho OnePlan" shall be deemed to be trade secrets, pro-
40 duction records or other proprietary information and shall be kept confi-
41 dential and shall be exempt from disclosure pursuant to section 9-340D,
42 Idaho Code.
43 (5) Additional powers. In addition to other powers, functions and duties
44 of soil conservation districts and the state soil conservation commission pro-
45 vided in this chapter, the commission shall have the following additional
46 powers, functions and duties:
47 (a) The commission shall conduct, in cooperation with appropriate federal
48 and state agencies and the owners and operators of privately owned
49 forestlands, rangelands and agricultural lands in this state, conservation
50 improvements on or in respect to these lands for the purpose of implement-
51 ing conservation systems to conserve and improve natural resource condi-
52 tions;
53 (b) The commission shall assist and advise soil conservation districts
54 and other entities in implementing the conservation improvements and, with
55 available funds from the general fund or, as legislatively designated, the
7
1 resource conservation and rangeland development fund, may provide loans,
2 grants and cost-share funds for funding of selected conservation improve-
3 ments; provided however, that the commission shall determine whether funds
4 are available before approving any conservation improvements and, after
5 having made such determination, shall enter into the necessary contracts
6 for implementation;
7 (c) The state soil conservation commission shall be the agency responsi-
8 ble for the administration of funds accruing to the resource conservation
9 and rangeland development program fund and for all general funds appropri-
10 ated as a separate and distinct action of the legislature to implement the
11 powers, functions and duties of soil conservation districts and the com-
12 mission; and
13 (d) The commission shall promulgate such rules as are necessary to carry
14 out the purposes of this chapter.
15 SECTION 5. That Sections 22-2728 and 22-2729, Idaho Code, be, and the
16 same are hereby repealed.
17 SECTION 6. That Section 22-2730, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 22-2730. RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT FUND CREATED.
20 (1) There is hereby created in the state treasury a fund to be known as the
21 Idaho resource conservation and rangeland development fund, which shall con-
22 sist of all moneys which may be appropriated to it by the legislature or made
23 available to it from federal, private, or other sources. The state treasurer
24 is directed to invest all unobligated moneys in the fund. All interest and
25 other income accruing from such investments shall accrue to the fund. The
26 state soil conservation commission may expend from the fund such sums as it
27 shall deem necessary for any of the conservation improvements, projects and
28 programs provided for under this act chapter under such terms and conditions
29 provided for in its rules and the water quality program for agriculture.
30 (2) The Idaho state soil conservation commission shall establish a list
31 of priority projects for control of agricultural nonpoint source pollution
32 conservation improvements, projects and programs and the water quality program
33 for agriculture. These priority lists shall be used as the method for alloca-
34 tion of funds granted, or loaned or cost-shared under this act chapter.
35 SECTION 7. That Section 22-2731, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 22-2731. ALLOCATION OF FUND. The Idaho resource conservation and range-
38 land development fund shall be allocated for use:
39 (1) By the state soil conservation commission to eligible applicants for
40 conservation improvements which it deems to be "in the public interest" in
41 such amounts as are necessary for the implementation of conservation measures
42 identified in a conservation plan;
43 (2) By the commission to eligible applicants for the purpose of conserva-
44 tion improvements on rangelands, agricultural lands, and riparian lands, which
45 will provide environmental enhancement to soil, water, wildlife, and related
46 resources;
47 (3) By the commission for the purpose of implementing the water quality
48 program for agriculture and implementing conservation improvements, projects
49 and programs.
8
1 SECTION 8. That Section 22-2733, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 22-2733. GRANTS FROM GENERAL FUND -- APPLICATION -- APPROVAL -- GRANT
4 AGREEMENT. (a1) Eligible applicants may file an application with the local
5 soil conservation district or the state soil conservation commission for a
6 grant from the state soil conservation commission general fund for the purpose
7 of financing conservation improvements, costs projects and programs and imple-
8 mentation of the water quality program for agriculture. Such application shall
9 be filed in such a manner and shall be in such form, and be accompanied by
10 such information as may be prescribed by the commission; provided, however,
11 that any such application filed with the district or the commission under the
12 provisions of this section shall:
13 (1a) Describe the nature and purpose of the improvements or conservation
14 plan implementation project.
15 (2b) Set forth or be accompanied by an improvement project plan approved
16 by the local soil conservation district or the commission that identifies
17 the practices to be applied, together with such technical and economic
18 feasibility data and estimated costs as may be required by the commission.
19 (3c) State whether money other than that for which application is made
20 under this section will be used for improvement project or conservation
21 plan implementation costs, and whether such money is available or has been
22 sought for this purpose.
23 (4d) Show that the applicant holds or can acquire title to all lands or
24 has necessary easements and rights-of-way to implement the project plan.
25 (b2) Within sixty (60) days of receipt of an application, the local soil
26 conservation district or and the commission shall review and evaluate and, if
27 it deems deemed necessary, investigate all aspects of the proposed improve-
28 ment, project or conservation plan. As part of such investigation, the dis-
29 trict or and the commission shall determine whether the project plan is satis-
30 factory. If the district or the commission determines that the plan is unsat-
31 isfactory, it shall return the application to the applicant and the district
32 or the commission may make such recommendations to the applicant as are con-
33 sidered necessary to make the plan satisfactory. If the district or and the
34 commission determines the plan is satisfactory, it shall be considered for
35 funding.
36 (c3) The commission may approve a grant if after review, evaluation, and
37 investigation if necessary, it finds that:
38 (1a) The applicant is qualified and responsible.
39 (2b) The improvement, project, or conservation plan demonstrates public
40 benefits.
41 (3c) That money in the resource state soil conservation and rangeland
42 development commission general fund is available for the grant.
43 (d4) If the commission approves a grant, the applicant shall enter into
44 an agreement covering the grant offer and acceptance of the grant for imple-
45 menting the improvement, project, or conservation plan. The agreement shall be
46 improvement, project, or conservation plan specific. The terms and conditions
47 shall be those specified by the commission.
48 (e5) Upon approval of the grant and securing all necessary documents, the
49 commission will make available, in the approved form, project or contract
50 funding.
51 SECTION 9. That Section 22-2734, Idaho Code, be, and the same is hereby
52 amended to read as follows:
9
1 22-2734. COST-SHARE FROM GENERAL FUND -- APPLICATION -- APPROVAL. (1)
2 Eligible applicants may file an application with the local soil conservation
3 district or the state soil conservation commission for a cost-share contract,
4 project, or program from the state soil conservation commission general fund
5 for the purpose of financing agricultural, and grazing or other conservation
6 improvements, projects and programs and implementing the water quality program
7 for agriculture. Such application shall be filed in such a manner and shall be
8 in such form and be accompanied by such information as may be prescribed by
9 the commission; provided however, that any such application filed with the
10 district or the commission under the provisions of this act section shall:
11 (a) Describe the nature and purposes of the improvements and projects
12 requiring cost-sharing;
13 (b) Set forth or be accompanied by a plan that identifies the conserva-
14 tion improvements or projects, together with such technical and economic
15 feasibility data and estimated costs as may be required by the commission;
16 (c) State whether money other than that for which application is made
17 under this act section will be used for costs, and whether such money is
18 available or has been sought for this purpose;
19 (d) Show the proposed project is feasible from a technical standpoint and
20 is economically justified.
21 (2) Within sixty (60) days of receipt of an application for a cost-share
22 project, the district and the commission shall review and evaluate and, if it
23 deems deemed necessary, investigate all aspects of the contract or project. As
24 part of such investigation, the district and the commission shall determine
25 whether the plan for development of the conservation improvements is satisfac-
26 tory. If the district or the commission determines the plan is unsatisfactory,
27 it shall return the application to the applicant and the appropriate agency
28 entity may make such recommendations to the applicant as are considered neces-
29 sary to make the plan satisfactory. If the district and the commission deter-
30 mines the plan is satisfactory, it shall be considered for funding.
31 (3) The commission may approve a cost-share grant for conservation proj-
32 ects and improvements if, after review, evaluation and investigation, it finds
33 that:
34 (a) The applicant is qualified and responsible;
35 (b) The conservation improvement, project or program demonstrates public
36 benefits; and
37 (c) There is reasonable assurance that the applicant will adhere to con-
38 tract terms.;
39 (c) The money in the resource conservation and rangeland development fund
40 is available for the cost-share project.
41 (4) Upon approval of the cost-share contract and securing all necessary
42 documents, the commission will make funding available.
43 SECTION 10. That Section 4, Chapter 259, Laws of 1997, be, and the same
44 is hereby amended to read as follows:
45 SECTION 4. This act shall be in full force and effect on and after Janu-
46 ary 1, 1998, and shall be null, void and of no force and effect on and after
47 January 1, 2003.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Stevenson
Seconded by Jones
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 555
1 AMENDMENTS TO SECTION 3
2 On page 4 of the printed bill, in line 31, delete ""BMPs" means practices
3 or combinations"; delete lines 32 through 35, and insert: ""BMPs," means prac-
4 tices, techniques or measures developed, or identified, by the designated
5 agency and identified in the state water quality management plan which are
6 determined to be a cost-effective and practicable means of preventing or
7 reducing pollutants generated from nonpoint sources to a level compatible with
8 water quality goals."; in line 38, following "issues" insert: "as agreed upon
9 by the landowner"; in line 49, following "(23)" delete the remainder of the
10 line; delete lines 50 through 55, and on page 5, delete line 1, and insert:
11 ""Riparian land" means the beds of streams, the adjacent vegetation communi-
12 ties and the land thereunder, which are predominately influenced by their
13 association with water and are privately owned.".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 555, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO SOIL CONSERVATION DISTRICTS; REPEALING SECTIONS 22-2701, 22-2702
3 AND 22-2716, IDAHO CODE; AMENDING CHAPTER 27, TITLE 22, IDAHO CODE, BY THE
4 ADDITION OF A NEW SECTION 22-2716, IDAHO CODE, TO PROVIDE LEGISLATIVE
5 DETERMINATIONS AND DECLARATION OF POLICY; AMENDING SECTION 22-2717, IDAHO
6 CODE, TO FURTHER DEFINE TERMS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
7 SECTION 22-2718, IDAHO CODE, TO SET FORTH ADDITIONAL POWERS AND DUTIES OF
8 THE SOIL CONSERVATION COMMISSION AND TO MAKE TECHNICAL CORRECTIONS;
9 REPEALING SECTIONS 22-2728 AND 22-2729, IDAHO CODE; AMENDING SECTION
10 22-2730, IDAHO CODE, TO REMOVE LANGUAGE RELATING TO THE CONTROL OF AGRI-
11 CULTURAL NONPOINT SOURCE POLLUTION, TO PROVIDE THAT THE SOIL CONSERVATION
12 COMMISSION SHALL ESTABLISH A LIST OF PRIORITY PROJECTS FOR CONSERVATION
13 IMPROVEMENTS, PROJECTS AND PROGRAMS AND THE WATER QUALITY PROGRAM FOR
14 AGRICULTURE, TO MAKE TECHNICAL CORRECTIONS AND TO PROVIDE CORRECT TERMI-
15 NOLOGY; AMENDING SECTION 22-2731, IDAHO CODE, TO PROVIDE THAT FUND MONEYS
16 SHALL BE ALLOCATED TO IMPLEMENT CONSERVATION IMPROVEMENTS, PROJECTS AND
17 PROGRAMS; AMENDING SECTION 22-2733, IDAHO CODE, TO REVISE APPLICABLE PRO-
18 CEDURES FOR APPLICATION, APPROVAL AND GRANT AGREEMENTS RELATING TO GRANTS
19 FROM THE GENERAL FUND, TO PROVIDE REFERENCES TO THE SOIL CONSERVATION COM-
20 MISSION GENERAL FUND, TO PROVIDE A REFERENCE TO CONSERVATION PROJECTS AND
21 PROGRAMS AND THE WATER QUALITY PROGRAM FOR AGRICULTURE, TO MAKE TECHNICAL
22 CORRECTIONS AND TO MAKE A GRAMMATICAL CHANGE; AMENDING SECTION 22-2734,
23 IDAHO CODE, TO REVISE APPLICABLE PROCEDURES FOR APPLICATION AND APPROVAL
24 RELATING TO COST-SHARE PROJECTS, TO REMOVE LANGUAGE REFERENCING THE AVAIL-
25 ABILITY OF MONEYS IN THE RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT
26 FUND, TO PROVIDE REFERENCES TO THE SOIL CONSERVATION COMMISSION GENERAL
27 FUND, TO MAKE TECHNICAL CORRECTIONS AND TO MAKE A GRAMMATICAL CHANGE; AND
28 AMENDING SECTION 4, CHAPTER 259, LAWS OF 1997, TO REMOVE A SUNSET PROVI-
29 SION.
30 Be It Enacted by the Legislature of the State of Idaho:
31 SECTION 1. That Sections 22-2701, 22-2702 and 22-2716, Idaho Code, be,
32 and the same are hereby repealed.
33 SECTION 2. That Chapter 27, Title 22, Idaho Code, be, and the same is
34 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
35 ignated as Section 22-2716, Idaho Code, and to read as follows:
36 22-2716. LEGISLATIVE DETERMINATIONS AND DECLARATION OF POLICY. (1) It is
37 the determination of the state of Idaho that:
38 (a) Forestlands, rangelands and agricultural lands maintained in a
39 healthy condition are a legitimate land use contributing to the economic,
40 social and environmental well-being of the state and its citizens;
41 (b) It is essential to the general welfare of all citizens of this state
42 that multiple use conservation improvements be implemented on a broader
2
1 scale on both public and private lands;
2 (c) Due to numerous economic and practical problems relating to the
3 improvement of individual tracts of land, both public and private, insuf-
4 ficient attention has been given to resource conservation and improvement
5 projects of the nature contemplated by this chapter that would enhance the
6 economic productivity and environmental quality of the state; and
7 (d) It is sound public policy for the state of Idaho to provide for
8 accounts to finance loans, grants, cost-share funding and tax incentives
9 to the end that forestlands, rangelands and agricultural lands within the
10 state can provide the greatest benefit to all concerned.
11 (2) It is the intent of the state of Idaho to provide a means by which
12 funds, including federal, state, private and other moneys, can be obtained and
13 utilized for the accelerated development of water quality programs, multiple
14 use forestland, rangeland and agricultural land conservation improvements in
15 the state and to provide that these improvements, projects and programs be
16 locally planned, coordinated and implemented through statutory provisions per-
17 taining to soil conservation districts, the state soil conservation commission
18 and appropriate state and federal agencies and the owners and operators of
19 privately owned lands.
20 (3) It is in the best interest of the state of Idaho:
21 (a) To emphasize nonregulatory, science-based technical assistance,
22 incentive-based financial programs and informational and educational pro-
23 grams at the local level;
24 (b) To maintain, preserve, conserve and rehabilitate forestlands,
25 rangelands and agricultural lands to assure the protection and productiv-
26 ity of the state's natural resources;
27 (c) That soil conservation districts, as governmental subdivisions, and
28 the state soil conservation commission, as a state agency, are the primary
29 entities to provide assistance to private landowners and land users in the
30 conservation, sustainment, improvement and enhancement of Idaho's natural
31 resources;
32 (d) To establish policies for cooperative working relationships between
33 local soil conservation districts, the state soil conservation commission,
34 local, state and federal agencies and public and private groups to plan,
35 develop and implement conservation goals and initiatives with local land-
36 owners and land users;
37 (e) That soil conservation districts and the state soil conservation com-
38 mission lead nonregulatory efforts to conserve, sustain, improve and
39 enhance Idaho's private and state lands and to provide assistance to pri-
40 vate landowners and land users to plan, develop and implement conservation
41 plans addressing soil, water, air, plant and animal resources. Technical,
42 financial and educational assistance to landowners and land users is vital
43 to that effort; and
44 (f) That the state soil conservation commission provide support to soil
45 conservation districts in the wise use and enhancement of soil, water and
46 related resources.
47 (4) It is the policy of the state of Idaho:
48 (a) To provide appropriate tax policies and program mechanisms that pro-
49 vide incentives for private landowners and land users to voluntarily man-
50 age forestlands, rangelands and agricultural lands in a manner that pro-
51 motes conservation;
52 (b) That the health, safety and general welfare of the people of this
53 state can be greatly enhanced by providing nonregulatory opportunities to
54 landowners and land users in order to increase the ability of such land-
55 owners and land users to readily understand and plan for local, state and
3
1 federal natural resource requirements and opportunities through technolog-
2 ical innovation and processes;
3 (c) To enhance natural resource productivity in order to promote a strong
4 natural resource sector, reduce unintended adverse effects of resource
5 development and use, protect individual and community health and safety
6 and encourage stewardship;
7 (d) That conservation plan implementation shall include best management
8 practices implemented according to the standards and specifications devel-
9 oped by the United States department of agriculture natural resources con-
10 servation service (NRCS) as designated by the agricultural pollution
11 abatement plan and including, but not limited to: irrigation water manage-
12 ment systems; prescribed grazing; forest stand improvement; establishment
13 of grass, trees and shrubs to reduce wind and water erosion; promotion of
14 sound community development; protection of water and air resources from
15 agricultural nonpoint sources of impairment; maintenance, restoration or
16 enhancement of wetlands and fish and wildlife habitat; protection of
17 upstream watersheds from flood risk; and protection of watersheds from the
18 effects of chronic water shortages and risks; and
19 (e) That all conservation programs authorized pursuant to this chapter
20 shall deliver services fairly and equitably, strengthen the conservation
21 district delivery system, provide timely science-based information and
22 provide conservation information and educational programs and experiences
23 to youths and adults.
24 SECTION 3. That Section 22-2717, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 22-2717. DEFINITIONS. Whenever used or referred to in this act chapter
27 and in section 63-3024B, Idaho Code, unless a different meaning clearly
28 appears from the context:
29 (1) "District," or "soil conservation district" or "soil and water con-
30 servation district" means a governmental subdivision(s) of this state, and a
31 public body corporate and politic, organized in accordance with the provisions
32 of this act chapter, for the purposes, with the powers, and subject to the
33 restrictions hereinafter set forth.
34 (2) "Supervisor" means one (1) of the members of the governing body of a
35 district elected or appointed in accordance with the provisions of this act
36 chapter.
37 (3) "Commission" or "state soil conservation commission" means the agency
38 created in section 22-2718, Idaho Code.
39 (4) "Agriculture" or "department of agriculture" means an executive
40 department of state government created in section 22-101, Idaho Code.
41 (5) "Petition" means a petition filed under the provisions of subsection
42 A. of section 22-2719, Idaho Code, for the creation of a district.
43 (6) "Nominating petition" means a petition filed under the provisions of
44 section 22-2721, Idaho Code, to nominate candidates for the office of supervi-
45 sor of a soil conservation district.
46 (7) "State" means the state of Idaho.
47 (8) "Agency of this state" includes the government of this state and any
48 subdivision, agency, or instrumentality, corporate or otherwise, of the gov-
49 ernment of this state.
50 (9) "United States" or "agencies of the United States" includes the
51 United States of America, the natural resources conservation service of the
52 United States department of agriculture, and any other agency or instrumental-
53 ity, corporate or otherwise, of the United States of America.
4
1 (10) "Government" or "governmental" includes the government of this state,
2 the government of the United States, and any subdivisions, agency, or instru-
3 mentality, corporate or otherwise, of either of them.
4 (11) "Landowner" includes any person, firm, or corporation who shall hold
5 title to any lands lying within a district organized under the provisions of
6 this act chapter. A buyer on contract, who is the occupier of land, shall be
7 construed as landowner.
8 (12) "Due notice" means notice published at least twice, with an interval
9 of at least seven (7) days between the two (2) publication dates, in a news-
10 paper or other publication of general circulation within the appropriate area,
11 or if no such publication of general circulation be available, by posting at a
12 reasonable number of conspicuous places within the appropriate area, such
13 posting to include, where possible, posting at public places where it may be
14 customary to post notices concerning county or municipal affairs generally. At
15 any hearing held pursuant to such notice, at the time and place designated in
16 such notice, adjournment may be made from time to time without the necessity
17 of renewing such notice for such adjournment dates.
18 (13) "Qualified elector" means any person who is qualified to vote pursu-
19 ant to the requirements of section 34-104, Idaho Code.
20 (14) "Idaho association of soil conservation districts (IASCD)" means an
21 incorporated, nongovernmental entity representing all soil conservation dis-
22 tricts in Idaho.
23 (15) "Idaho OnePlan" means a computer-based system for improving effi-
24 ciency and effectiveness of natural resource planning by landowners and land
25 users.
26 (16) "Agricultural pollution abatement plan" or "ag plan" means the docu-
27 ment, developed by the state soil conservation commission and approved by the
28 commission and the department of environmental quality, that provides appro-
29 priate technical, programmatic, informational and educational processes,
30 guidelines and policies for addressing agricultural pollution.
31 (17) "Best management practices" or "BMPs," means practices, techniques or
32 measures developed, or identified, by the designated agency and identified in
33 the state water quality management plan which are determined to be a cost-ef-
34 fective and practicable means of preventing or reducing pollutants generated
35 from nonpoint sources to a level compatible with water quality goals.
36 (18) "Conservation plan" means a description of identified natural
37 resource issues and a specific schedule of implementation of component prac-
38 tices necessary to resolve those specific resource issues as agreed upon by
39 the landowner.
40 (19) "Designated agency" is as defined in section 39-3602, Idaho Code.
41 (20) "Land user" means any entity with a lease, permit or similar business
42 agreement with a landowner to implement, manage or utilize such land for
43 activities related to use of the land.
44 (21) "Natural resources conservation service" or "NRCS" means the agency
45 specified in 16 U.S.C. sections 590a through 590d and 590f.
46 (22) "Owner" means the party or parties having fee simple interest in the
47 real property; provided however, that where the real property is subject to a
48 real estate sales contract, "owner" means the contract vendee under the
49 recorded contract.
50 (23) "Riparian land" means the beds of streams, the adjacent vegetation
51 communities and the land thereunder, which are predominately influenced by
52 their association with water and are privately owned.
53 (24) "Specifications" means the materials, operations and procedures nec-
54 essary to obtain the desired standards of construction and installation.
55 (25) "Standards" means the minimum limits of technical excellence of a
5
1 component practice for its planning, design and construction.
2 (26) "Total maximum daily load" is as defined in section 39-3602, Idaho
3 Code.
4 SECTION 4. That Section 22-2718, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 22-2718. STATE SOIL CONSERVATION COMMISSION. A. (1) There is hereby
7 established and created in the department of agriculture of the state of Idaho
8 the state soil conservation commission which shall in cooperation with the
9 director of the department of agriculture perform all functions conferred upon
10 it by this chapter. The soil conservation commission shall be a nonregulatory
11 agency. The commission shall consist of five (5) members appointed by the gov-
12 ernor, but no more than three (3) members shall be a member of the same polit-
13 ical party. The term of office of each commission member shall be five (5)
14 years; except that upon July 1, 1967, the governor shall appoint one (1) mem-
15 ber for a term of one (1) year, one (1) member for a term of two (2) years,
16 one (1) member for a term of three (3) years, one (1) member for a term of
17 four (4) years and one (1) member for a term of five (5) years. From and after
18 the initial appointment the governor shall appoint a member of the commission
19 to serve in office for a term of five (5) years commencing upon July 1 of that
20 year. A vacancy which occurs in an unexpired term shall be filled for its
21 remainder by the governor's appointment. Any commissioner may be removed dur-
22 ing his term of office by the governor. Any commissioner so removed shall have
23 notice of the same in writing, specifying the reasons for the removal. Each
24 vacancy on the commission shall be filled by appointment by the governor. Such
25 appointments shall be confirmed by the senate. The commission may invite the
26 state conservationist of the United States department of agriculture natural
27 resources conservation service, the president of the Idaho association of soil
28 conservation districts and the dean of the college of agriculture of the uni-
29 versity of Idaho or his designated representative to serve as nonvoting advi-
30 sory members of the commission. The commission shall keep a record of its
31 official actions, shall adopt a seal, which seal shall be judicially noticed,
32 and may perform such acts, hold such public hearings, and promulgate such
33 rules as may be necessary for the execution of its functions under this act
34 chapter.
35 B. (2) The director of the department of agriculture shall appoint the
36 administrator of the soil conservation commission from persons recommended by
37 the soil conservation commission. The state soil conservation commission may
38 employ such technical experts and such other agents and employees, permanent
39 and temporary, as it may require, and shall determine their qualifications,
40 duties and compensation. The commission may call upon the attorney general of
41 the state for such legal services as it may require. It shall have authority
42 to delegate to its chairman, to one (1) or more of its members, or to one (1)
43 or more agents or employees, such powers and duties as it may deem proper. It
44 shall be supplied with suitable office accommodations, and shall be furnished
45 with the necessary supplies and equipment. Upon request of the commission, for
46 the purpose of carrying out any of its functions, the supervising officer of
47 any state agency, or of any state institution of learning shall insofar as may
48 be possible under available appropriation, and having due regard to the needs
49 of the agency to which the request is directed, assign or detail to the com-
50 mission members of the staff or personnel of such agency or institution of
51 learning, and make such special reports, surveys, or studies as the commission
52 may request.
53 C. (3) The commission shall designate its chairman, and may from time to
6
1 time, change such designation. A majority of the commission shall constitute a
2 quorum, and the concurrency of a majority in any matter within their duties
3 shall be required for its determination. The chairman and members of the com-
4 mission shall be compensated as provided by section 59-509(h), Idaho Code. The
5 commission shall provide for the execution of surety bonds for all employees
6 and officers who shall be entrusted with funds or property; shall provide for
7 the keeping of a full and accurate record of all proceedings and of all reso-
8 lutions, and orders issued or adopted; and shall provide for an annual audit
9 of the accounts of receipts and disbursements.
10 D. (4) In addition to the duties and powers hereinafter conferred upon
11 the state soil conservation commission, it shall have the following responsi-
12 bilities:
13 (1a) To offer such assistance as may be appropriate to the supervisors of
14 soil conservation districts, organized as provided hereinafter, in the
15 carrying out of any of their powers and programs.
16 (2b) To keep the supervisors of each of the several districts organized
17 under the provisions of this act chapter informed of the activities and
18 experience of all other districts organized hereunder, and to facilitate
19 an interchange of advice and experience between such districts and cooper-
20 ation between them.
21 (3c) To coordinate the progress of the several soil conservation dis-
22 tricts organized hereunder so far as this may be done by advice and con-
23 sultation.
24 (4d) To secure the cooperation and assistance of the United States and
25 any of its agencies, and of agencies of this state, in the work of such
26 districts.
27 (5e) To disseminate information throughout the state concerning the
28 activities and programs of the soil conservation districts in areas where
29 their organization is desirable.
30 (6f) To provide for the establishment and encouragement of the "Idaho
31 OnePlan" as a primary computer-based conservation planning process for all
32 natural resource concerns. Establishment and encouragement will be accom-
33 plished through an executive group and steering committee both containing
34 private, state and federal representation. The information provided by
35 those using the "Idaho OnePlan" shall be deemed to be trade secrets, pro-
36 duction records or other proprietary information and shall be kept confi-
37 dential and shall be exempt from disclosure pursuant to section 9-340D,
38 Idaho Code.
39 (5) Additional powers. In addition to other powers, functions and duties
40 of soil conservation districts and the state soil conservation commission pro-
41 vided in this chapter, the commission shall have the following additional
42 powers, functions and duties:
43 (a) The commission shall conduct, in cooperation with appropriate federal
44 and state agencies and the owners and operators of privately owned
45 forestlands, rangelands and agricultural lands in this state, conservation
46 improvements on or in respect to these lands for the purpose of implement-
47 ing conservation systems to conserve and improve natural resource condi-
48 tions;
49 (b) The commission shall assist and advise soil conservation districts
50 and other entities in implementing the conservation improvements and, with
51 available funds from the general fund or, as legislatively designated, the
52 resource conservation and rangeland development fund, may provide loans,
53 grants and cost-share funds for funding of selected conservation improve-
54 ments; provided however, that the commission shall determine whether funds
55 are available before approving any conservation improvements and, after
7
1 having made such determination, shall enter into the necessary contracts
2 for implementation;
3 (c) The state soil conservation commission shall be the agency responsi-
4 ble for the administration of funds accruing to the resource conservation
5 and rangeland development program fund and for all general funds appropri-
6 ated as a separate and distinct action of the legislature to implement the
7 powers, functions and duties of soil conservation districts and the com-
8 mission; and
9 (d) The commission shall promulgate such rules as are necessary to carry
10 out the purposes of this chapter.
11 SECTION 5. That Sections 22-2728 and 22-2729, Idaho Code, be, and the
12 same are hereby repealed.
13 SECTION 6. That Section 22-2730, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 22-2730. RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT FUND CREATED.
16 (1) There is hereby created in the state treasury a fund to be known as the
17 Idaho resource conservation and rangeland development fund, which shall con-
18 sist of all moneys which may be appropriated to it by the legislature or made
19 available to it from federal, private, or other sources. The state treasurer
20 is directed to invest all unobligated moneys in the fund. All interest and
21 other income accruing from such investments shall accrue to the fund. The
22 state soil conservation commission may expend from the fund such sums as it
23 shall deem necessary for any of the conservation improvements, projects and
24 programs provided for under this act chapter under such terms and conditions
25 provided for in its rules and the water quality program for agriculture.
26 (2) The Idaho state soil conservation commission shall establish a list
27 of priority projects for control of agricultural nonpoint source pollution
28 conservation improvements, projects and programs and the water quality program
29 for agriculture. These priority lists shall be used as the method for alloca-
30 tion of funds granted, or loaned or cost-shared under this act chapter.
31 SECTION 7. That Section 22-2731, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 22-2731. ALLOCATION OF FUND. The Idaho resource conservation and range-
34 land development fund shall be allocated for use:
35 (1) By the state soil conservation commission to eligible applicants for
36 conservation improvements which it deems to be "in the public interest" in
37 such amounts as are necessary for the implementation of conservation measures
38 identified in a conservation plan;
39 (2) By the commission to eligible applicants for the purpose of conserva-
40 tion improvements on rangelands, agricultural lands, and riparian lands, which
41 will provide environmental enhancement to soil, water, wildlife, and related
42 resources;
43 (3) By the commission for the purpose of implementing the water quality
44 program for agriculture and implementing conservation improvements, projects
45 and programs.
46 SECTION 8. That Section 22-2733, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 22-2733. GRANTS FROM GENERAL FUND -- APPLICATION -- APPROVAL -- GRANT
8
1 AGREEMENT. (a1) Eligible applicants may file an application with the local
2 soil conservation district or the state soil conservation commission for a
3 grant from the state soil conservation commission general fund for the purpose
4 of financing conservation improvements, costs projects and programs and imple-
5 mentation of the water quality program for agriculture. Such application shall
6 be filed in such a manner and shall be in such form, and be accompanied by
7 such information as may be prescribed by the commission; provided, however,
8 that any such application filed with the district or the commission under the
9 provisions of this section shall:
10 (1a) Describe the nature and purpose of the improvements or conservation
11 plan implementation project.
12 (2b) Set forth or be accompanied by an improvement project plan approved
13 by the local soil conservation district or the commission that identifies
14 the practices to be applied, together with such technical and economic
15 feasibility data and estimated costs as may be required by the commission.
16 (3c) State whether money other than that for which application is made
17 under this section will be used for improvement project or conservation
18 plan implementation costs, and whether such money is available or has been
19 sought for this purpose.
20 (4d) Show that the applicant holds or can acquire title to all lands or
21 has necessary easements and rights-of-way to implement the project plan.
22 (b2) Within sixty (60) days of receipt of an application, the local soil
23 conservation district or and the commission shall review and evaluate and, if
24 it deems deemed necessary, investigate all aspects of the proposed improve-
25 ment, project or conservation plan. As part of such investigation, the dis-
26 trict or and the commission shall determine whether the project plan is satis-
27 factory. If the district or the commission determines that the plan is unsat-
28 isfactory, it shall return the application to the applicant and the district
29 or the commission may make such recommendations to the applicant as are con-
30 sidered necessary to make the plan satisfactory. If the district or and the
31 commission determines the plan is satisfactory, it shall be considered for
32 funding.
33 (c3) The commission may approve a grant if after review, evaluation, and
34 investigation if necessary, it finds that:
35 (1a) The applicant is qualified and responsible.
36 (2b) The improvement, project, or conservation plan demonstrates public
37 benefits.
38 (3c) That money in the resource state soil conservation and rangeland
39 development commission general fund is available for the grant.
40 (d4) If the commission approves a grant, the applicant shall enter into
41 an agreement covering the grant offer and acceptance of the grant for imple-
42 menting the improvement, project, or conservation plan. The agreement shall be
43 improvement, project, or conservation plan specific. The terms and conditions
44 shall be those specified by the commission.
45 (e5) Upon approval of the grant and securing all necessary documents, the
46 commission will make available, in the approved form, project or contract
47 funding.
48 SECTION 9. That Section 22-2734, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 22-2734. COST-SHARE FROM GENERAL FUND -- APPLICATION -- APPROVAL. (1)
51 Eligible applicants may file an application with the local soil conservation
52 district or the state soil conservation commission for a cost-share contract,
53 project, or program from the state soil conservation commission general fund
9
1 for the purpose of financing agricultural, and grazing or other conservation
2 improvements, projects and programs and implementing the water quality program
3 for agriculture. Such application shall be filed in such a manner and shall be
4 in such form and be accompanied by such information as may be prescribed by
5 the commission; provided however, that any such application filed with the
6 district or the commission under the provisions of this act section shall:
7 (a) Describe the nature and purposes of the improvements and projects
8 requiring cost-sharing;
9 (b) Set forth or be accompanied by a plan that identifies the conserva-
10 tion improvements or projects, together with such technical and economic
11 feasibility data and estimated costs as may be required by the commission;
12 (c) State whether money other than that for which application is made
13 under this act section will be used for costs, and whether such money is
14 available or has been sought for this purpose;
15 (d) Show the proposed project is feasible from a technical standpoint and
16 is economically justified.
17 (2) Within sixty (60) days of receipt of an application for a cost-share
18 project, the district and the commission shall review and evaluate and, if it
19 deems deemed necessary, investigate all aspects of the contract or project. As
20 part of such investigation, the district and the commission shall determine
21 whether the plan for development of the conservation improvements is satisfac-
22 tory. If the district or the commission determines the plan is unsatisfactory,
23 it shall return the application to the applicant and the appropriate agency
24 entity may make such recommendations to the applicant as are considered neces-
25 sary to make the plan satisfactory. If the district and the commission deter-
26 mines the plan is satisfactory, it shall be considered for funding.
27 (3) The commission may approve a cost-share grant for conservation proj-
28 ects and improvements if, after review, evaluation and investigation, it finds
29 that:
30 (a) The applicant is qualified and responsible;
31 (b) The conservation improvement, project or program demonstrates public
32 benefits; and
33 (c) There is reasonable assurance that the applicant will adhere to con-
34 tract terms.;
35 (c) The money in the resource conservation and rangeland development fund
36 is available for the cost-share project.
37 (4) Upon approval of the cost-share contract and securing all necessary
38 documents, the commission will make funding available.
39 SECTION 10. That Section 4, Chapter 259, Laws of 1997, be, and the same
40 is hereby amended to read as follows:
41 SECTION 4. This act shall be in full force and effect on and after Janu-
42 ary 1, 1998, and shall be null, void and of no force and effect on and after
43 January 1, 2003.
STATEMENT OF PURPOSE
RS 11845C1
The purpose of the legislation is to clearly define the State of
Idaho's interests and policies regarding the conservation of
forest, range, and farmland. It further defines the
implementation of conservation improvements, projects, and
programs as well as the Water Quality Program for Agriculture.
The legislation proposes removing the sunset date (January 1,
2003) from sections 22-2701 and 22-2702 Idaho Code and to provide
for the continuation of the Natural Resource Conservation Income
Tax Credit Program.
The legislation would further provide for the deletion,
additions, and amendments to appropriate code to further carry
out the state's intents and policies.
FISCAL IMPACT
The fiscal impact to the state's general fund would continue to
be the same as currently exists in section 63 3024B of $250,000
per year in tax credits to eligible applicant.
Contact
Name: Kent Foster, Idaho Association of Soil Conservation
Districts (IASCD)
Phone: 338-5900
Jerry Nicolescu, Idaho Soil conservation Commission
Phone: 332-8649
STATEMENT OF PURPOSE/FISCAL NOTE H 555