161A.4 SOIL CONSERVATION DIVISION -- COMMITTEE.
1. The soil conservation division is established within the
department to perform the functions conferred upon it in this chapter
and chapters 161C, 161E, 161F, 207, and 208. The division shall be
administered in accordance with the policies of the state soil
conservation committee, which shall advise the division and which
shall approve administrative rules proposed by the division for the
administration of this chapter and chapters 161C, 161E, 161F, 207,
and 208 before the rules are adopted pursuant to section 17A.5. If a
difference exists between the committee and secretary regarding the
content of a proposed rule, the secretary shall notify the
chairperson of the committee of the difference within thirty days
from the committee's action on the rule. The secretary and the
committee shall meet to resolve the difference within thirty days
after the secretary provides the committee with notice of the
difference.
2. In addition to other duties and powers conferred upon the
division of soil conservation, the division has the following duties
and powers:
a. To offer assistance as appropriate to the commissioners of
soil and water conservation districts in carrying out any of their
powers and programs.
b. To take notice of each district's long-range resource
conservation plan established under section 161A.7, in order to keep
the commissioners of each of the several districts informed of the
activities and experience of all other districts, and to facilitate
an interchange of advice and experience between such districts and
cooperation between them.
c. To coordinate the programs of the soil and water
conservation districts so far as this may be done by advice and
consultation.
d. To secure the cooperation and assistance of the United
States and any of its agencies, and of agencies of this state, in the
work of such districts.
e. To disseminate information throughout the state concerning
the activities and program of the soil and water conservation
districts.
f. To render financial aid and assistance to soil and water
conservation districts for the purpose of carrying out the policy
stated in this chapter.
g. To assist each soil and water conservation district in
developing a district soil and water resource conservation plan as
provided under section 161A.7. The plan shall be developed according
to rules adopted by the division to preserve and protect the public
interest in the soil and water resources of this state for future
generations and for this purpose to encourage, promote, facilitate,
and where such public interest requires, to mandate the conservation
and proper control of and use of the soil and water resources of this
state, by measures including but not limited to the control of
floods, the control of erosion by water or by wind, the preservation
of the quality of water for its optimum use for agricultural,
irrigation, recreational, industrial, and domestic purposes, all of
which shall be presumed to be conducive to the public health,
convenience, and welfare, both present and future.
h. To file the district soil and water resource conservation
plans as part of a state soil and water resource conservation plan.
The state plan shall contain on a statewide basis the information
required for a district plan under this section.
i. To establish a position of state drainage coordinator for
drainage districts and drainage and levee districts which will keep
the management of those districts informed of the activities and
experience of all other such districts and facilitate an interchange
of advice, experience and cooperation among the districts, coordinate
by advice and consultation the programs of the districts, secure the
cooperation and assistance of the United States and its agencies and
of the agencies of this state and other states in the work of the
districts, disseminate information throughout the state concerning
the activities and programs of the districts, and provide other
appropriate assistance to the districts.
3. The division, in consultation with the commissioners of the
soil and water conservation districts, shall conduct a biennial
review to survey the availability of private soil and water
conservation control contractors in each district. A report
containing the results of the review shall be prepared and posted on
the department's internet site.
4. A state soil conservation committee is established within the
department.
a. The nine voting members of the committee shall be
appointed by the governor subject to confirmation by the senate
pursuant to section 2.32, and shall include the following:
(1) Six of the members shall be persons engaged in actual farming
operations, one of whom shall be a resident of each of six geographic
regions in the state, including northwest, southwest, north central,
south central, northeast, and southeast Iowa, and no more than one of
whom shall be a resident of any one county. The boundaries of the
geographic regions shall be established by rule.
(2) The seventh, eighth, and ninth appointive members shall be
chosen by the governor from the state at large, with one appointed to
be a representative of cities, one appointed to be a representative
of the mining industry, and one appointee who is a farmer actively
engaged in tree farming.
b. The committee may invite the secretary of agriculture of
the United States to appoint one person to serve with the other
members, and the president of the Iowa county engineers association
may designate a member of the association to serve in the same
manner, but these persons have no vote and shall serve in an advisory
capacity only.
c. The following shall serve as ex officio nonvoting members
of the committee:
(1) The director of the Iowa cooperative extension service in
agriculture and home economics, or the director's designee.
(2) The director of the department of natural resources or the
director's designee.
5. a. The committee shall designate its chairperson, and may
change the designation. The members appointed by the governor shall
serve for a period of six years. Members shall be appointed in each
odd-numbered year to succeed members whose terms expire as provided
by section 69.19. Appointments may be made at other times and for
other periods as necessary to fill vacancies on the committee.
Members shall not be appointed to serve more than two complete
six-year terms. Members designated to represent the director of the
department of natural resources and the director of the Iowa
cooperative extension service in agriculture and home economics shall
serve at the pleasure of the officer making the designation.
b. A majority of the voting members of the committee
constitutes a quorum, and the concurrence of a majority of the voting
members of the committee in any matter within their duties is
required for its determination.
c. Members are entitled to actual expenses necessarily
incurred in the discharge of their duties as members of the
committee. The expenses paid to the committee members shall be paid
from funds appropriated to the department. Each member of the
committee may also be eligible to receive compensation as provided in
section 7E.6. The committee shall provide for the execution of
surety bonds for all employees and officers who are entrusted with
funds or property, shall provide for the keeping of a full and
accurate record of all proceedings and of all resolutions and orders
issued or adopted, and shall provide for an annual audit of the
accounts of receipts and disbursements.
6. a. The committee may perform acts, hold public hearings,
and propose and approve rules pursuant to chapter 17A as necessary
for the execution of its functions.
b. The committee shall recommend to the secretary each year a
budget for the division. The secretary, at the earliest opportunity
and prior to formulating a budget, shall meet with representatives of
the committee to discuss the committee's recommendation.
c. The committee shall recommend three persons to the
secretary of agriculture who shall appoint from the persons
recommended an administrative director to head the division and serve
at the pleasure of the secretary. After reviewing the names
submitted, the secretary may request that the soil conservation
committee submit additional names for consideration.
7. The committee or division may call upon the attorney general
of the state for necessary legal services. The committee may
delegate to its chairperson, to one or more of its members, or to one
or more agents or employees, powers and duties as it deems proper.
Upon request of the committee, for the purpose of carrying out any of
the functions assigned the committee or the department by law, the
supervising officer of any state agency, or of any state institution
of learning shall, insofar as possible under available
appropriations, and having due regard to the needs of the agency to
which the request is directed, assign or detail the request to the
staff or personnel of the agency or institution of learning, and make
the special reports, surveys, or studies as the committee requests.
161A.4 SOIL CONSERVATION DIVISION -- COMMITTEE.
1. The soil conservation division is established within the
department to perform the functions conferred upon it in this chapter
and chapters 161C, 161E, 161F, 207, and 208. The division shall be
administered in accordance with the policies of the state soil
conservation committee, which shall advise the division and which
shall approve administrative rules proposed by the division for the
administration of this chapter and chapters 161C, 161E, 161F, 207,
and 208 before the rules are adopted pursuant to section 17A.5. If a
difference exists between the committee and secretary regarding the
content of a proposed rule, the secretary shall notify the
chairperson of the committee of the difference within thirty days
from the committee's action on the rule. The secretary and the
committee shall meet to resolve the difference within thirty days
after the secretary provides the committee with notice of the
difference.
2. In addition to other duties and powers conferred upon the
division of soil conservation, the division has the following duties
and powers:
a. To offer assistance as appropriate to the commissioners of
soil and water conservation districts in carrying out any of their
powers and programs.
b. To take notice of each district's long-range resource
conservation plan established under section 161A.7, in order to keep
the commissioners of each of the several districts informed of the
activities and experience of all other districts, and to facilitate
an interchange of advice and experience between such districts and
cooperation between them.
c. To coordinate the programs of the soil and water
conservation districts so far as this may be done by advice and
consultation.
d. To secure the cooperation and assistance of the United
States and any of its agencies, and of agencies of this state, in the
work of such districts.
e. To disseminate information throughout the state concerning
the activities and program of the soil and water conservation
districts.
f. To render financial aid and assistance to soil and water
conservation districts for the purpose of carrying out the policy
stated in this chapter.
g. To assist each soil and water conservation district in
developing a district soil and water resource conservation plan as
provided under section 161A.7. The plan shall be developed according
to rules adopted by the division to preserve and protect the public
interest in the soil and water resources of this state for future
generations and for this purpose to encourage, promote, facilitate,
and where such public interest requires, to mandate the conservation
and proper control of and use of the soil and water resources of this
state, by measures including but not limited to the control of
floods, the control of erosion by water or by wind, the preservation
of the quality of water for its optimum use for agricultural,
irrigation, recreational, industrial, and domestic purposes, all of
which shall be presumed to be conducive to the public health,
convenience, and welfare, both present and future.
h. To file the district soil and water resource conservation
plans as part of a state soil and water resource conservation plan.
The state plan shall contain on a statewide basis the information
required for a district plan under this section.
i. To establish a position of state drainage coordinator for
drainage districts and drainage and levee districts which will keep
the management of those districts informed of the activities and
experience of all other such districts and facilitate an interchange
of advice, experience and cooperation among the districts, coordinate
by advice and consultation the programs of the districts, secure the
cooperation and assistance of the United States and its agencies and
of the agencies of this state and other states in the work of the
districts, disseminate information throughout the state concerning
the activities and programs of the districts, and provide other
appropriate assistance to the districts.
3. The division, in consultation with the commissioners of the
soil and water conservation districts, shall conduct a biennial
review to survey the availability of private soil and water
conservation control contractors in each district. A report
containing the results of the review shall be prepared and posted on
the department's internet site.
4. A state soil conservation committee is established within the
department.
a. The nine voting members of the committee shall be
appointed by the governor subject to confirmation by the senate
pursuant to section 2.32, and shall include the following:
(1) Six of the members shall be persons engaged in actual farming
operations, one of whom shall be a resident of each of six geographic
regions in the state, including northwest, southwest, north central,
south central, northeast, and southeast Iowa, and no more than one of
whom shall be a resident of any one county. The boundaries of the
geographic regions shall be established by rule.
(2) The seventh, eighth, and ninth appointive members shall be
chosen by the governor from the state at large, with one appointed to
be a representative of cities, one appointed to be a representative
of the mining industry, and one appointee who is a farmer actively
engaged in tree farming.
b. The committee may invite the secretary of agriculture of
the United States to appoint one person to serve with the other
members, and the president of the Iowa county engineers association
may designate a member of the association to serve in the same
manner, but these persons have no vote and shall serve in an advisory
capacity only.
c. The following shall serve as ex officio nonvoting members
of the committee:
(1) The director of the Iowa cooperative extension service in
agriculture and home economics, or the director's designee.
(2) The director of the department of natural resources or the
director's designee.
5. a. The committee shall designate its chairperson, and may
change the designation. The members appointed by the governor shall
serve for a period of six years. Members shall be appointed in each
odd-numbered year to succeed members whose terms expire as provided
by section 69.19. Appointments may be made at other times and for
other periods as necessary to fill vacancies on the committee.
Members shall not be appointed to serve more than two complete
six-year terms. Members designated to represent the director of the
department of natural resources and the director of the Iowa
cooperative extension service in agriculture and home economics shall
serve at the pleasure of the officer making the designation.
b. A majority of the voting members of the committee
constitutes a quorum, and the concurrence of a majority of the voting
members of the committee in any matter within their duties is
required for its determination.
c. Members are entitled to actual expenses necessarily
incurred in the discharge of their duties as members of the
committee. The expenses paid to the committee members shall be paid
from funds appropriated to the department. Each member of the
committee may also be eligible to receive compensation as provided in
section 7E.6. The committee shall provide for the execution of
surety bonds for all employees and officers who are entrusted with
funds or property, shall provide for the keeping of a full and
accurate record of all proceedings and of all resolutions and orders
issued or adopted, and shall provide for an annual audit of the
accounts of receipts and disbursements.
6. a. The committee may perform acts, hold public hearings,
and propose and approve rules pursuant to chapter 17A as necessary
for the execution of its functions.
b. The committee shall recommend to the secretary each year a
budget for the division. The secretary, at the earliest opportunity
and prior to formulating a budget, shall meet with representatives of
the committee to discuss the committee's recommendation.
c. The committee shall recommend three persons to the
secretary of agriculture who shall appoint from the persons
recommended an administrative director to head the division and serve
at the pleasure of the secretary. After reviewing the names
submitted, the secretary may request that the soil conservation
committee submit additional names for consideration.
7. The committee or division may call upon the attorney general
of the state for necessary legal services. The committee may
delegate to its chairperson, to one or more of its members, or to one
or more agents or employees, powers and duties as it deems proper.
Upon request of the committee, for the purpose of carrying out any of
the functions assigned the committee or the department by law, the
supervising officer of any state agency, or of any state institution
of learning shall, insofar as possible under available
appropriations, and having due regard to the needs of the agency to
which the request is directed, assign or detail the request to the
staff or personnel of the agency or institution of learning, and make
the special reports, surveys, or studies as the committee requests.
161A.4 SOIL CONSERVATION DIVISION -- COMMITTEE.
1. The soil conservation division is established within the
department to perform the functions conferred upon it in this chapter
and chapters 161C, 161E, 161F, 207, and 208. The division shall be
administered in accordance with the policies of the state soil
conservation committee, which shall advise the division and which
shall approve administrative rules proposed by the division for the
administration of this chapter and chapters 161C, 161E, 161F, 207,
and 208 before the rules are adopted pursuant to section 17A.5. If a
difference exists between the committee and secretary regarding the
content of a proposed rule, the secretary shall notify the
chairperson of the committee of the difference within thirty days
from the committee's action on the rule. The secretary and the
committee shall meet to resolve the difference within thirty days
after the secretary provides the committee with notice of the
difference.
2. In addition to other duties and powers conferred upon the
division of soil conservation, the division has the following duties
and powers:
a. To offer assistance as appropriate to the commissioners of
soil and water conservation districts in carrying out any of their
powers and programs.
b. To take notice of each district's long-range resource
conservation plan established under section 161A.7, in order to keep
the commissioners of each of the several districts informed of the
activities and experience of all other districts, and to facilitate
an interchange of advice and experience between such districts and
cooperation between them.
c. To coordinate the programs of the soil and water
conservation districts so far as this may be done by advice and
consultation.
d. To secure the cooperation and assistance of the United
States and any of its agencies, and of agencies of this state, in the
work of such districts.
e. To disseminate information throughout the state concerning
the activities and program of the soil and water conservation
districts.
f. To render financial aid and assistance to soil and water
conservation districts for the purpose of carrying out the policy
stated in this chapter.
g. To assist each soil and water conservation district in
developing a district soil and water resource conservation plan as
provided under section 161A.7. The plan shall be developed according
to rules adopted by the division to preserve and protect the public
interest in the soil and water resources of this state for future
generations and for this purpose to encourage, promote, facilitate,
and where such public interest requires, to mandate the conservation
and proper control of and use of the soil and water resources of this
state, by measures including but not limited to the control of
floods, the control of erosion by water or by wind, the preservation
of the quality of water for its optimum use for agricultural,
irrigation, recreational, industrial, and domestic purposes, all of
which shall be presumed to be conducive to the public health,
convenience, and welfare, both present and future.
h. To file the district soil and water resource conservation
plans as part of a state soil and water resource conservation plan.
The state plan shall contain on a statewide basis the information
required for a district plan under this section.
i. To establish a position of state drainage coordinator for
drainage districts and drainage and levee districts which will keep
the management of those districts informed of the activities and
experience of all other such districts and facilitate an interchange
of advice, experience and cooperation among the districts, coordinate
by advice and consultation the programs of the districts, secure the
cooperation and assistance of the United States and its agencies and
of the agencies of this state and other states in the work of the
districts, disseminate information throughout the state concerning
the activities and programs of the districts, and provide other
appropriate assistance to the districts.
3. The division, in consultation with the commissioners of the
soil and water conservation districts, shall conduct a biennial
review to survey the availability of private soil and water
conservation control contractors in each district. A report
containing the results of the review shall be prepared and posted on
the department's internet site.
4. A state soil conservation committee is established within the
department.
a. The nine voting members of the committee shall be
appointed by the governor subject to confirmation by the senate
pursuant to section 2.32, and shall include the following:
(1) Six of the members shall be persons engaged in actual farming
operations, one of whom shall be a resident of each of six geographic
regions in the state, including northwest, southwest, north central,
south central, northeast, and southeast Iowa, and no more than one of
whom shall be a resident of any one county. The boundaries of the
geographic regions shall be established by rule.
(2) The seventh, eighth, and ninth appointive members shall be
chosen by the governor from the state at large, with one appointed to
be a representative of cities, one appointed to be a representative
of the mining industry, and one appointee who is a farmer actively
engaged in tree farming.
b. The committee may invite the secretary of agriculture of
the United States to appoint one person to serve with the other
members, and the president of the Iowa county engineers association
may designate a member of the association to serve in the same
manner, but these persons have no vote and shall serve in an advisory
capacity only.
c. The following shall serve as ex officio nonvoting members
of the committee:
(1) The director of the Iowa cooperative extension service in
agriculture and home economics, or the director's designee.
(2) The director of the department of natural resources or the
director's designee.
5. a. The committee shall designate its chairperson, and may
change the designation. The members appointed by the governor shall
serve for a period of six years. Members shall be appointed in each
odd-numbered year to succeed members whose terms expire as provided
by section 69.19. Appointments may be made at other times and for
other periods as necessary to fill vacancies on the committee.
Members shall not be appointed to serve more than two complete
six-year terms. Members designated to represent the director of the
department of natural resources and the director of the Iowa
cooperative extension service in agriculture and home economics shall
serve at the pleasure of the officer making the designation.
b. A majority of the voting members of the committee
constitutes a quorum, and the concurrence of a majority of the voting
members of the committee in any matter within their duties is
required for its determination.
c. Members are entitled to actual expenses necessarily
incurred in the discharge of their duties as members of the
committee. The expenses paid to the committee members shall be paid
from funds appropriated to the department. Each member of the
committee may also be eligible to receive compensation as provided in
section 7E.6. The committee shall provide for the execution of
surety bonds for all employees and officers who are entrusted with
funds or property, shall provide for the keeping of a full and
accurate record of all proceedings and of all resolutions and orders
issued or adopted, and shall provide for an annual audit of the
accounts of receipts and disbursements.
6. a. The committee may perform acts, hold public hearings,
and propose and approve rules pursuant to chapter 17A as necessary
for the execution of its functions.
b. The committee shall recommend to the secretary each year a
budget for the division. The secretary, at the earliest opportunity
and prior to formulating a budget, shall meet with representatives of
the committee to discuss the committee's recommendation.
c. The committee shall recommend three persons to the
secretary of agriculture who shall appoint from the persons
recommended an administrative director to head the division and serve
at the pleasure of the secretary. After reviewing the names
submitted, the secretary may request that the soil conservation
committee submit additional names for consideration.
7. The committee or division may call upon the attorney general
of the state for necessary legal services. The committee may
delegate to its chairperson, to one or more of its members, or to one
or more agents or employees, powers and duties as it deems proper.
Upon request of the committee, for the purpose of carrying out any of
the functions assigned the committee or the department by law, the
supervising officer of any state agency, or of any state institution
of learning shall, insofar as possible under available
appropriations, and having due regard to the needs of the agency to
which the request is directed, assign or detail the request to the
staff or personnel of the agency or institution of learning, and make
the special reports, surveys, or studies as the committee requests.
