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161a-76
161A.76 COST SHARING FOR CERTAIN LANDS RESTRICTED.
1. It is the intent of this chapter that, effective January 1,
1981, each tract of agricultural land which has not been plowed or
used for growing row crops at any time within fifteen years prior to
that date, shall for purposes of this section be considered
classified as agricultural land under conservation cover. If a tract
of land so classified is thereafter plowed or used for growing row
crops, the commissioners of the soil and water conservation district
in which the land is located shall not approve use of state cost-
sharing funds for establishing permanent or temporary soil and water
conservation practices on that tract of land in an amount greater
than one-half the amount of cost-sharing funds which would be
available for that land if it were not considered classified as
agricultural land under conservation cover. The restriction imposed
by this section applies even if an administrative order or court
order has been issued requiring establishment of soil and water
conservation practices on that land. The commissioners may waive the
restriction imposed by this section if they determine in advance that
the purpose of plowing or row cropping land classified as land under
conservation cover is to revitalize permanent pasture and that the
land will revert to permanent pasture within two years after it is
plowed.
2. When receiving an application for state cost-sharing funds to
pay a part of the cost of establishing a permanent or temporary soil
and water conservation practice, the commissioners of the soil and
water conservation district to which the application is submitted
shall require the applicant to state in writing whether, to the best
of the applicant's knowledge, the land on which the proposed practice
will be established is land considered to be classified as
agricultural land under conservation cover, as defined in subsection
1. An applicant who knowingly makes a false statement of material
facts or who falsely denies knowledge of material facts in completing
the written statement required by this subsection commits a simple
misdemeanor and, in addition to the penalty prescribed therefor by
law, shall be required to repay to the department any cost- sharing
funds made available to the applicant in reliance on the false
statement or false denial. Section History: Early Form
[C81, § 467A.65] Section History: Recent Form
87 Acts, ch 23, § 42
C93, § 161A.76
Referred to in § 161A.63, 161A.71
