T22CH27

Title 22 > T22CH27

Sections (19)

22-2714

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2714. Payments of federal aid to various counties by state controller. The state controller is hereby authorized and directed to draw his warrant in favor of the counties to whom payment should be made pursuant to the Act of Congress of July 24, 1946 (60 Stat. 642, 33 U.S.C.A. 701-C-3) and forward the same to the treasurer of the county to which such funds are allocated under the terms of the aforementioned federal statute, to be by the treasurer of said county deposited in the public school fund of said county. History: [22-2714, added 1953, ch. 157, sec. 1, p. 252; am. 1994, ch. 180, sec. 19, p. 434.]

22-2715

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2715. Short title. This act may be known and cited as the soil conservation district law. History: [22-2715, added 1957, ch. 218, sec. 1, p. 476.]

22-2716

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2716. Legislative determination and declaration of policy. (1) It is the determination of the state of Idaho that: (a) Forest lands, rangelands and agricultural lands maintained in a healthy condition are a legitimate land use contributing to the economic, social and environmental well-being of the state and its citizens; (b) It is essential to the general welfare of all citizens of this state that multiple use conservation improvements be implemented on a broader scale on both public and private lands; (c) Due to numerous economic and practical issues relating to the improvements of individual tracts of land, both public and private resource conservation improvements, projects and programs of the nature contemplated by this chapter would enhance the economic productivity and environmental quality of the state; and (d) It is sound public policy for the state of Idaho to provide for accounts to finance loans, grants, cost-share funding and tax incentives to the end that forest lands, rangelands and agricultural lands within the state can provide the greatest benefit to all concerned. (2) It is the intent of the state of Idaho to provide a means by which funds, including federal, state, private and other moneys, can be obtained and utilized for the accelerated development of water quality programs, multiple use forest land, rangeland, and agricultural land conservation improvements in the state, and to provide that these improvements, projects and programs be locally planned, coordinated and implemented through statutory provisions pertaining to soil conservation districts, the state soil and water conservation commission, appropriate state and federal agencies and the owners and operators of privately owned lands. (3) It is in the best interest of the state of Idaho: (a) To emphasize nonregulatory, science-based technical assistance, incentive-based financial programs and informational and educational programs at the local level; (b) To maintain, preserve, conserve and rehabilitate forest lands, rangelands and agricultural lands to assure the protection and productivity of the state’s natural resources; (c) That soil conservation districts, as governmental subdivisions, and the state soil and water conservation commission, as a state agency, are the primary entities to provide assistance to private landowners and land users in the conservation, sustainment, improvement and enhancement of Idaho’s natural resources; (d) To establish policies for cooperative working relationships between local soil conservation districts, the state soil and water conservation commission, local, state and federal agencies and public and private groups to plan, develop and implement conservation goals and initiatives with local landowners and land users; (e) That soil conservation districts and the state soil and water conservation commission lead nonregulatory efforts to conserve, sustain,

22-2717

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2717. Definitions. Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context: (1) Administrator means the administrator for the Idaho state soil and water conservation commission. (2) Agency includes the government of this state and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of this state. (3) Agricultural pollution abatement plan or ag plan means the document developed by the state soil and water conservation commission and approved by the commission and the department of environmental quality, that provides appropriate technical, programmatic, informational and educational processes, guidelines and policies for addressing agricultural pollution. (4) Best management practices or BMPs means practices, techniques, or measures developed or identified by the designated agency and identified in the state water quality management plan which are determined to be a cost-effective and practicable means of preventing or reducing pollutants generated from nonpoint sources to a level compatible with water quality goals. (5) Commission or state soil and water conservation commission means the agency created in section 22-2718 , Idaho Code. (6) Conservation plan means a description of identified natural resource issues and a specific schedule of implementation of component practices necessary to resolve those specific resource issues as agreed upon by the landowner. (7) Designated agency is as defined in section 39-3602 , Idaho Code. (8) District, conservation district, soil conservation district, or soil and water conservation district means a governmental subdivision(s) of this state, and a public body corporate and politic, organized in accordance with the provisions of this chapter, for the purposes, with the powers and subject to the restrictions hereinafter set forth. (9) Due notice means notice published at least twice, with an interval of at least seven (7) days between the two (2) publication dates, in a newspaper or other publication of general circulation within the appropriate area, or if no such publication of general circulation be available, by posting at a reasonable number of conspicuous places within the appropriate area, such posting to include, where possible, posting at public places where it may be customary to post notices concerning county or municipal affairs generally. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjournment dates. (10) Eligible applicant means an individual agricultural owner, operator, partnership, corporation, conservation district, irrigation district, canal company or other agricultural or grazing interest. (11) Government or governmental includes the government of this state, the government of the U

22-2718

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2718. Idaho State soil and water conservation commission. (1) There is hereby established and created in the department of agriculture of the state of Idaho the Idaho state soil and water conservation commission which shall perform all functions conferred upon it by this chapter and shall be a nonregulatory agency. (a) The commission shall consist of seven (7) members appointed by the governor from divisions of the Idaho association of soil conservation districts as follows: one (1) member from division I, one (1) member from division II, one (1) member from division III, one (1) member from division IV, one (1) member from division V, one (1) member from division VI, and one (1) at-large member appointed at the governor’s discretion. (b) Commission members shall be chosen with due regard to their demonstrated expertise, including knowledge of conservation districts and their functions, knowledge of production agriculture, knowledge of banking or other similar financial experience, or experience as a county commissioner. (c) Commissioners serving on July 1, 2022, will be assigned to the divisions that they would represent. On July 1, 2022, current commissioners, at the will of the governor, will be reappointed to the position representing the divisions in which they live. (d) For divisions that have vacant positions, or divisions with no current commissioner residing there, the division shall submit a list of up to three (3) names for each open commission position. The governor shall appoint commission seats from the list submitted. (e) The term of each commissioner shall be for five (5) years, with the ability to serve two (2) terms; except that on July 1, 2022, the terms of each commission position will be reset: The term of the commissioners from districts I and IV will be set for two (2) years. The term of the commissioners from districts II and V will be set for three (3) years. The term of the commissioners from districts III and VI and the at-large commissioner will be set for four (4) years. From and after the initial appointment or reappointment, commissioners may serve two (2) full terms of five (5) years, in addition to their initial appointment. From and after the initial appointment, the corresponding division shall provide the list of three (3) names to the governor to choose from on or before July 1 of each year with a vacancy. (f) Each vacancy on the commission shall be filled by appointment by the governor following the guidelines set forth in this subsection. A vacancy that occurs in an unexpired term shall also be filled for its remainder by the governor’s appointment following the guidelines set forth in this subsection. Each commissioner appointed to fill an unexpired term may serve the length of the unexpired term and be eligible to be reappointed for an additional two (2) full terms. (g) All appointments shall be confirmed by the senate. Commiss

22-2720

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2720. Consolidation of or deletion from and addition to new or existing districts. (1) Petitions for consolidating two (2) or more existing districts or for deleting territory from one (1) or more existing districts and adding the deleted territory to one (1) or more existing districts or incorporating the deleted territory into a new district or districts may be filed with the state soil and water conservation commission on such forms as may be prescribed by the state soil and water conservation commission. (2) The petitions provided for in subsection (1) of this section shall be signed by twenty-five (25) landowners in the area proposed to be consolidated or the area proposed to be deleted plus the district or districts to which it is to be added or the territory which is to be included in a new district or districts, as the case may be. Provided however, if two-thirds (2/3) of the landowners of all such territory total less than twenty-five (25), then such lesser number of signatures will suffice for the petition. (3) Within thirty (30) days after receipt of such a petition, the state soil and water conservation commission shall cause due notice of hearing on the matter to be given in all of the areas concerned. (4) At the close of the hearing, the state soil and water conservation commission shall make and record the following determinations: (a) Whether or not, in the opinion of the commission, the proposal set forth by the petition would serve the public health, safety and welfare. (b) Whether or not, in the opinion of the commission, the proposal set forth by the petition is administratively practicable and feasible. (5) If either or both of the determinations made under subsection (4) of this section are in the negative, the matter is closed. Provided however, after six (6) months have expired from the date of such determination, a new petition may be filed involving substantially the same proposals. (6) If both of the determinations made under subsection (4) of this section are in the affirmative and if the proposal involves the consolidation of two (2) or more existing districts or if the proposal involves the deletion of territory from one (1) or more districts and the addition of that territory to another existing district or districts, then the commission shall proceed to effect the change as per the commission’s determinations hereinbefore referred to. The state soil and water conservation commission shall effect the change by filing with the secretary of state a sworn statement of a member of the commission stating: (a) The name of the district or districts which are consolidated, if any; (b) The name of the district or districts from which the territory is deleted or added, if any; and (c) A description of the boundaries of the consolidated district or of the territory remaining in the district or districts deleted from and the district or districts ad

22-2721

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2721. Election, appointment, qualifications and tenure of supervisors. (1) The governing body of the district shall consist of five (5) supervisors, elected or appointed as provided in this chapter. Elections shall be conducted pursuant to the provisions of this section and the uniform district election law, chapter 14, title 34 , Idaho Code. If at any time the supervisors of a district deem it necessary, upon majority vote of the district board, they may increase the number of supervisors to seven (7) or decrease the number of supervisors to five (5). If increased, the additional supervisors shall then be appointed as outlined in this section until such time as regular district elections for two (2) supervisors in each district. At that time, those districts having seven (7) supervisors shall then elect four (4) supervisors for four (4) year terms. The two (2) supervisors appointed by the district shall be persons who are by training and experience qualified to perform the specialized services that will be required of them in the performance of their duties. In the event the supervisors of a district, upon majority vote of the district board, deem it necessary to reduce the number of supervisors to five (5), there must either be two (2) vacant positions on the board or two (2) of the supervisors must first volunteer to give up their seats. Written notification of the reduction in supervisors, signed by the district board chairman, shall then be sent to the state soil and water conservation commission. Such notification shall also be sent to the secretary of state to ensure only two (2) or three (3) supervisors shall be on the ballot for the next election cycle. All supervisors shall be landowners or farmers of the district where they are elected or appointed and shall be registered to vote in the state of Idaho. (2) Within thirty (30) days after the date of issuance by the secretary of state of a certificate of organization of a soil conservation district, nominating petitions may be filed with the state soil and water conservation commission to nominate candidates for supervisors of each district. The county clerk shall conduct the election for the district in compliance with chapter 14, title 34 , Idaho Code, and shall be the election official for the district. The election official shall have authority to extend the time within which nominating petitions may be filed. Nominating petitions shall be filed with the secretary of the district, and no such nominating petition shall be accepted by the election official unless it shall be subscribed by not less than five (5) persons who are qualified electors owning land or residing within the boundaries of the district. The election official shall give due notice of an election to be held, subject to the provisions of section 34-106 , Idaho Code, for the election of three (3) supervisors for the district. The names of al

22-2722

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2722. Powers of districts and supervisors. A soil conservation district organized under the provisions of this chapter shall constitute a governmental subdivision of this state, and a public body corporate and politic, exercising public powers, and such district, and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of this chapter: (1) To conduct surveys, investigations, and research relating to the character of soil erosion, floodwater and sediment damages, for the conservation, development, utilization, and disposal of water and the prevention and control measures, and works of improvement needed, to publish results of such surveys, investigations, or research, and to disseminate information concerning such preventive and control measures and works of improvement; provided, however, that in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or any of its agencies or with the United States or any of its agencies; (2) To conduct demonstrational projects within the district on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner of such lands or the necessary rights of interests in such lands, in order to demonstrate by example the means, methods, and measures by which soil and soil resources may be conserved, and soil erosion in the form of soil-blowing and soil-washing may be prevented and controlled; works of improvement for flood prevention and the conservation, development, utilization, and disposal of water may be carried out; (3) To carry out preventive and control measures and works of improvement for flood prevention or the conservation, development, utilization, and disposal of water within the districts including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, and other appropriate best management practices, on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner of such lands or the necessary rights or interests in such lands; (4) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid, to any agency, governmental or otherwise, or any owner of lands within the district, in carrying on erosion control and prevention operations and works of improvement for flood prevention and the conservation, development, utilization, and disposal of water within the district, subject to such conditions a

22-2723

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2723. Cooperation between districts. The supervisors of any two (2) or more districts may cooperate with one another in the exercise of any or all powers conferred in this chapter. History: [22-2723, added 1957, ch. 218, sec. 9, p. 476; am. 2010, ch. 279, sec. 8, p. 736.]

22-2724

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2724. State agencies to cooperate. Agencies of this state which shall have jurisdiction over, or be charged with the administration of, any state-owned lands, and of any county, or other governmental subdivision of the state, which shall have jurisdiction over, or charged with the administration of, any county-owned or other publicly owned lands, lying within the boundaries of any district shall cooperate to the fullest extent with the supervisors of such districts in the effectuation of programs and operations undertaken by the supervisors under the provisions of this chapter. The supervisors of such district shall be given free access to enter and perform work upon such publicly owned lands. History: [22-2724, added 1957, ch. 218, sec. 10, p. 476; am. 2010, ch. 279, sec. 9, p. 736.]

22-2725

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2725. Discontinuance of districts. (1) At any time after five (5) years after the organization of a district under the provisions of this chapter, any twenty-five (25) owners of land lying within the boundaries of such district may file a petition with the state soil and water conservation commission requesting that the operations of the district be terminated and the existence of the district discontinued. The commission may conduct such public meetings and public hearings upon such petition as may be necessary to assist it in the consideration thereof. Within sixty (60) days after such petition has been received by the commission, it shall give due notice to the county clerk of the holding of an election, subject to the provisions of section 34-106 , Idaho Code, and the county clerk shall supervise the election, and issue appropriate regulations governing such election as are consistent with chapter 14, title 34 , Idaho Code, the question to be submitted by ballots upon which the words For terminating the existence of the …. (name of the soil conservation district to be here inserted) shall appear, with a square before each proposition and a direction to mark the ballot as the voter may favor or oppose discontinuance of such district. All qualified electors who reside within the proposed district shall be eligible to vote in said election. No informalities in the conduct of the election or in any matters relating thereto shall invalidate the election or the result thereof if notice thereof shall have been given substantially as herein provided and the election shall have been fairly conducted. (2) The commission shall publish the result of the election and shall thereafter consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. If the commission determines that the continued operation of such district is administratively practicable and feasible, it shall record such determination and deny the petition. If the commission determines that the continued operation of such district is not administratively practicable and feasible, it shall record such determination and shall certify such determination to the supervisors of the district. In making such determination the commission shall give due regard and weight to the attitudes of the owners of lands lying within the district, the number of residents eligible to vote in the election who shall have voted, the proportion of the votes cast in the election in favor of the discontinuance of the district to the total number of votes cast, the approximate wealth and income of the landowners of the district, the probable expense of carrying on such erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative findings set forth in

22-2726

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2726. Funds or assistance provided by county from county general fund. In those counties of Idaho wherein all or a substantial part of the county has been created and is operating as a soil conservation district or districts under the provisions of chapter 27, title 22 , Idaho Code, or any amendment thereto, the board of county commissioners may, from time to time, at their discretion and upon request of the supervisors of such soil conservation districts provide in their budget a sufficient amount of money from the county general fund for allocation to the districts to be used by the districts for any purposes authorized by law, or in lieu of such allocation the county commissioners at their discretion may assign or hire an employee or employees of the county to assist the supervisors in the performance of the work of their office. The duties of such employee or employees shall be under the direct supervision of the supervisors of each soil conservation district. History: [22-2726, added 1963, ch. 14, sec. 1, p. 149; am. 1969, ch. 217, sec. 1, p. 711; am. 1976, ch. 17, sec. 1, p. 48; am. 1984, ch. 16, sec. 1, p. 18; am. 1990, ch. 358, sec. 1, p. 967; am. 2022, ch. 271, sec. 5, p. 877; am. 2023, ch. 218, sec. 5, p. 609.]

22-2727

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2727. Allocation of funds to districts. (1) A public hearing shall be held by the state soil and water conservation commission on or before June 15 of each year and twenty (20) days’ written notice of such hearing shall be given to each soil conservation district and to all other persons requesting notice of such hearing. At the hearing the state soil and water conservation commission shall consider the needs of each soil conservation district and shall base its request for state funds for the soil conservation districts upon the budgets, budget requests, district programs and work plans, and work load analysis of the various soil conservation districts. (2) All funds appropriated by the state for the various soil conservation districts shall be appropriated to the Idaho state soil and water conservation commission and shall be allocated by the commission equally to the various soil conservation districts on the basis of the criteria established in subsection (1) of this section. (3) Funds appropriated to the state soil and water conservation commission for distribution to soil conservation districts shall be allocated by the commission equally to the various soil conservation districts in a sum not to exceed eight thousand five hundred dollars ($8,500)perdistrict.Allfundsappropriatedtothestatesoilandwaterconservationcommissionfordistributiontosoilconservationdistrictsinexcessofeightthousandfivehundreddollars($8,500) per district shall be allocated by the commission to the various soil conservation districts in a sum not to exceed twice the amount of funds or services allocated to each district by the county commissioners in the previous fiscal year and funds or services allocated to each district by authorized officials or other local units of government or organizations in the previous fiscal year, provided that any such allocation by the commission shall not exceed fifty thousand dollars ($50,000) to any one (1) district in a fiscal year. (4) The state soil and water conservation commission shall adopt rules necessary to carry out the purposes of this section. History: [I.C., sec. 22-2727, as added by 1969, ch. 217, sec. 2, p. 711; am. 1984, ch. 16, sec. 2, p. 19; am. 1990, ch. 358, sec. 2, p. 967; am. 1991, ch. 80, sec. 1, p. 181; am. 2010, ch. 279, sec. 12, p. 739.]

22-2730

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2730. Resource conservation and rangeland development fund created. (1) There is hereby created in the state treasury a fund to be known as the Idaho resource conservation and rangeland development fund, which shall consist of all moneys which may be appropriated to it by the legislature or made available to it from federal, private or other sources. The state treasurer is directed to invest all unobligated moneys in the fund. All interest and other income accruing from such investments shall accrue to the fund. The state soil and water conservation commission may expend from the fund such sums as it shall deem necessary for any of the conservation improvements, projects and programs provided for under this chapter under such terms and conditions provided for in the commission’s rules and the water quality program for agriculture. (2) The state soil and water conservation commission shall establish a priority list for conservation improvements, projects and the water quality program for agriculture. The priority list shall be used as the method for allocation of funds loaned under this chapter. History: [22-2730, added 1985, ch. 116, sec. 1, p. 240; am. 1992, ch. 270, sec. 4, p. 839; am. 1999, ch. 137, sec. 3, p. 388; am. 2003, ch. 107, sec. 7, p. 344; am. 2010, ch. 279, sec. 13, p. 739.]

22-2731

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2731. Allocation of fund. The Idaho resource conservation and rangeland development fund shall be allocated for use by the state soil and water conservation commission: (1) To eligible applicants for conservation improvements which it deems to be in the public interest in such amounts as are necessary for the implementation of conservation measures identified in a conservation plan; (2) To eligible applicants for the purpose of conservation improvements on rangelands, agricultural lands and riparian lands, which will provide environmental enhancement to soil, water, wildlife and related resources; (3) For the purpose of implementing conservation improvements, projects and the water quality program for agriculture. History: [22-2731, added 1985, ch. 116, sec. 1, p. 241; am. 1992, ch. 270, sec. 5, p. 839; am. 1999, ch. 137, sec. 4, p. 389; am. 2003, ch. 107, sec. 8, p. 344; am. 2010, ch. 279, sec. 14, p. 740.]

22-2732

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2732. Loans from fund — Application — Approval — Repayment. (1) Eligible applicants may file an application with the local soil conservation district or the state soil and water conservation commission for a loan from the fund for the purpose of financing conservation improvement cost. Such application shall be filed in such a manner and shall be in such form, and be accompanied by such information as may be prescribed by the commission. Any such application filed with the district or the commission under the provisions of this chapter shall: (a) Describe the nature and purposes of the improvements or projects; (b) Set forth or be accompanied by a conservation plan approved by the local soil conservation district or the commission that identifies the conservation improvements, or projects, together with such technical and economic feasibility data and estimated costs as may be required by the commission; (c) State whether money other than that for which application is made under this chapter will be used for improvement costs, and whether such money is available or has been sought for this purpose; (d) Show that the applicant holds or can acquire title to all lands or has necessary easements and rights-of-way for the improvements; and (e) Show the proposed project is feasible from a technical standpoint and economically justified. (2) The local soil conservation districts and the commission shall keep each other informed of applications received. Within sixty (60) days of receipt of an application, the local soil conservation district or the commission shall review and evaluate, and if it deems necessary, investigate aspects of the proposed improvements. As part of such investigation, the district or the commission shall determine whether the plan for development of the conservation improvements is satisfactory. If the district or the commission determines the plan is unsatisfactory, it shall return the application to the applicant and may make such recommendations to the applicant as are considered necessary to make the plan satisfactory. If the district or the commission determines the plan and application are satisfactory, it shall be considered for funding. (3) The commission may approve a loan for conservation improvements if after review, evaluation and investigation if necessary, it finds that: (a) The applicant is qualified and responsible; (b) There is reasonable assurance that the borrower can repay the loan; and (c) That money in the resource conservation and rangeland development fund is available for the loan. (4) If the commission approves a loan, the applicant shall execute a promissory note for repayment to the account of money loaned therefrom, together with interest not to exceed six percent (6%) annually as determined by the commission. The note shall further provide that repayment of the loan, together with interest thereon, shall commence not late

22-2733

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2733. Grants from state soil and water conservation commission general fund — Application — Approval — Grant agreement. (1) Eligible applicants or participants may file an application with the local soil conservation district or the state soil and water conservation commission for a grant from the state soil and water conservation commission general fund for the purpose of financing conservation improvements, projects and implementation of the water quality program for agriculture. Such application shall be filed in such a manner and shall be in such form, and be accompanied by such information as may be prescribed by the commission; provided however, any such application filed with the district or the commission under the provisions of this section shall: (a) Describe the nature and purpose of the improvements or conservation plan implementation project; (b) Set forth or be accompanied by an improvement project plan approved by the local soil conservation district or the commission that identifies the practices to be applied, together with such technical and economic feasibility data and estimated costs as may be required by the commission; (c) State whether money other than that for which application is made under this section will be used for improvement project or conservation plan implementation costs, and whether such money is available or has been sought for this purpose; and (d) Show that the applicant or participant holds or can acquire title to all lands or has necessary easements and rights-of-way to implement the project plan. (2) The commission and local soil conservation district will keep each other informed of grant applications received. Within thirty (30) days of receipt of an application, the local soil conservation district or the commission shall review and evaluate and, if deemed necessary, investigate all aspects of the proposed improvement, project or conservation plan. As part of such investigation, the district or the commission shall determine whether the project plan is satisfactory. If the district or the commission determines that the plan is unsatisfactory, it shall return the application to the applicant or participant and the district or the commission may make such recommendations to the applicant or participant as are considered necessary to make the plan satisfactory. If the commission determines either the plan or a plan revised pursuant to recommendation of the district or commission is satisfactory, it shall be considered for funding. (3) The commission may approve a grant if after review, evaluation and investigation if necessary, it finds that: (a) The applicant or participant is qualified and responsible; (b) The improvement, project or conservation plan demonstrates public benefits; and (c) That money in the state soil and water conservation commission general fund is available for the grant. (4) If the commission approves a

22-2734

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2734. Cost-share from state soil and water conservation commission general fund — Application — Approval. (1) Eligible applicants or participants may file an application with the local soil conservation district or the state soil and water conservation commission for a cost-share contract or project from the state soil and water conservation commission general fund for the purpose of financing agricultural, grazing or other conservation improvements, projects or implementation of the water quality program for agriculture. Such application shall be filed in such a manner and shall be in such form and be accompanied by such information as may be prescribed by the commission; provided however, any such application filed with the district or the commission under the provisions of this section shall: (a) Describe the nature and purposes of the improvements and projects requiring cost-sharing; (b) Set forth or be accompanied by a plan that identifies the conservation improvements or projects, together with such technical and economic feasibility data and estimated costs as may be required by the commission; (c) State whether money other than that for which application is made under this section will be used for costs, and whether such money is available or has been sought for this purpose; and (d) Show the proposed project is feasible from a technical standpoint and is economically justified. (2) The commission and the local soil conservation district will keep each other informed of cost-share applications received. Within thirty (30) days of receipt of an application, the local soil conservation district or the commission shall review and evaluate and, if deemed necessary, investigate all aspects of the proposed contract or project. As part of such investigation, the district or the commission shall determine whether the plan for development of the conservation improvements or projects is satisfactory. If the district or the commission determines the plan is unsatisfactory, it shall return the application to the applicant or participant and the district or the commission may make such recommendations to the applicant or participant as are considered necessary to make the application satisfactory. When the commission determines either the application or an application revised pursuant to recommendation of the district or commission is satisfactory, it shall be considered for funding. (3) The commission may approve a cost-share contract to an applicant or participant for conservation projects and improvements if, after review, evaluation and investigation, it finds that: (a) The applicant or participant is qualified and responsible; (b) The conservation improvement or project demonstrates public benefit; (c) There is reasonable assurance that the applicant or participant will adhere to contract terms; and (d) Money is available in the state soil and water conservation commi

22-2735

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 27 SOIL CONSERVATION DISTRICTS 22-2735. Payments by the state soil and water conservation commission — Rules — Approval of attorney general — Audit of payments. (1) The commission may make payments not to exceed the estimated reasonable cost of an eligible improvement, project or plan. (2) The commission may, in the name of the state of Idaho, enter into contracts with approved applicants, and any such approved applicants may enter into a contract with the commission concerning eligible improvements, projects or plans. Any such contract may include such provisions as may be agreed upon by the parties thereto, and shall include, in substance, the following provisions: (a) An estimate of the reasonable cost of the improvements, projects or plans as determined by the commission; (b) The terms under which the commission may unilaterally terminate the contract and/or seek repayment from the applicant of sums already paid pursuant to the contract for noncompliance by the applicant with the terms and conditions of the contract and the provisions of this chapter; (c) An agreement by the applicant binding for the life of the eligible improvements, projects or plans: (i) To develop water quality plans for landowners and provide payments to landowners for installation of best management practices; (ii) To determine payment rates in conjunction with the commission for best management practices; (iii) To establish a method for administration and provisions for technical assistance to landowners in conjunction with the commission; (iv) To allow the state to make payments up to the estimated reasonable cost for best management practices installation, technical assistance and project administration of an eligible project; (v) To develop and to secure the approval of the commission of plans for operation of the eligible project; (vi) To ensure that the local matching share of the cost is provided as applicable; (vii) To assure an adequate level of landowner participation and application of best management practices to ensure water quality goals are met. (3) The commission may enter into contracts to provide technical assistance to applicants that have entered agreements pursuant to this chapter. Any such contract may include such provisions agreed upon by the parties thereto and shall include, in substance, the following provisions: (a) An estimate of the reasonable cost of technical assistance; (b) The terms under which the commission may unilaterally terminate the contract, and/or seek repayment of sums paid pursuant to the contract, for noncompliance by the applicants with the terms and conditions of the contract, the provisions of this chapter, or rules adopted pursuant thereto. (4) The commission may enter into contracts and establish procedures to be followed in applying for eligible improvements, projects and plans herein authorized as shall be necessary for the effective administration of the water quality pro