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[Utah Code Table of Contents]
[TITLE 4. Table of Contents]
4-18-1 Short title.
This chapter shall be known and may be cited as the "Soil
Conservation Commission Act."
1992
4-18-2 Purpose declaration.
The Legislature finds and declares that the soil and water
resources of this state constitute one of its basic assets
and that the preservation of these resources requires planning
and programs to ensure the development and utilization of
these resources and to protect them from the adverse effects
of wind and water erosion, sediment, and sediment related
pollutants.
1979
4-18-3 Definitions.
As used in this chapter:
(1) "Alternate" means a substitute for a district supervisor if the district supervisor cannot attend a meeting.
(2) "Animal feeding operation" means a facility where animals, other than aquatic animals, are stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period. Animals are not considered to be stabled or confined when they are in areas such as pastures or rangeland that sustain crops or forage growth during the entire time the animals are present.
(3) "Commission" means the Soil Conservation Commission created by this chapter.
(4) "Comprehensive nutrient management plan" means a plan that identifies actions or priorities that will be followed to meet clearly defined nutrient management goals at an animal feeding operation.
(5) "District" or "soil conservation district" means a
governmental subdivision of this state organized under Section
17A-3-801
.
2001
4-18-4 Soil Conservation Commission created - Composition - Appointment - Terms - Compensation - Attorney general to provide legal assistance.
(1) There is established, to serve as an agency of the state and functioning within the Department of Agriculture and Food the Soil Conservation Commission to perform the functions specified in this chapter.
(2) The Soil Conservation Commission shall be comprised of 12 members as follows:
(a) the director of the Extension Service at Utah State University, or his designee;
(b) the president of the Association of Soil Conservation Districts, or his designee;
(c) the commissioner, or his designee;
(d) the executive director of the Department of Natural Resources, or his designee;
(e) the executive director of the Department of Environmental Quality, or his designee; and
(f) seven district supervisors who provide district representation on the commission on a multicounty basis.
(3) If a district supervisor is unable to attend a meeting, an alternate may serve in his place.
(4) The members of the commission specified in Subsection (2)(f) shall:
(a) be recommended by the commission to the governor; and
(b) be appointed by the governor with the consent of the Senate.
(5) (a) Except as required by Subsection (5)(b), as terms of current commission members expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of commission members are staggered so that approximately half of the commission is appointed every two years.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(7) The commissioner is chair of the commission.
(8) Attendance of a majority of the commission members at a meeting constitutes a quorum.
(9) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the commission at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and expenses for their service.
(c) (i) Higher education members who do not receive salary, per diem, or expenses from the entity that they represent for their service may receive per diem and expenses incurred in the performance of their official duties from the committee at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Higher education members may decline to receive per diem and expenses for their service.
(d) (i) Local government members who do not receive salary, per diem, or expenses from the entity that they represent for their service may receive per diem and expenses incurred in the performance of their official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per diem and expenses for their service.
(10) The commission shall keep a record of its actions.
(11) The attorney general shall provide legal services
to the commission upon request.
2002
4-18-5 Soil conservation commission - Functions and duties.
(1) The commission shall:
(a) facilitate the development and implementation of the strategies and programs necessary to protect, conserve, utilize, and develop the soil and water resources of the state;
(b) disseminate information regarding districts' activities and programs;
(c) supervise the formation, reorganization, or dissolution of districts pursuant to the requirements of Title 17A, Chapter 3, Part 8;
(d) prescribe uniform accounting and recordkeeping procedures for districts and require each district to submit annually an audit of its funds to the commission;
(e) approve and make loans for agricultural purposes, from the Agriculture Resource Development Fund for the following:
(i) nonfederal rangeland improvement and management projects;
(ii) watershed protection and flood prevention projects;
(iii) agricultural cropland soil and water conservation projects; and
(iv) programs designed to promote energy efficient farming practices;
(f) administer federal or state funds in accordance with applicable federal or state guidelines and make loans or grants from those funds to land occupiers for the conservation of soil or water resources;
(g) seek to coordinate soil and water protection, conservation, and development activities and programs of state agencies, local governmental units, other states, special interest groups, and federal agencies; and
(h) plan watershed and flood control projects in cooperation with appropriate local, state, and federal authorities and coordinate flood control projects in the state.
(2) The commission may:
(a) employ, with the approval of the department, an administrator and necessary technical experts and employees;
(b) execute contracts or other instruments necessary to exercise its powers;
(c) sue and be sued; and
(d) adopt rules, in accordance with Title 63, Chapter
46a, Utah Administrative Rulemaking Act, necessary to carry
out the powers and duties specified in Subsections (1)(d),
(e), (f), and (2)(b).
1993
4-18-6 Agriculture Resource Development Fund - Contents - Use of fund monies.
(1) There is created a revolving loan fund known as the Agriculture Resource Development Fund.
(2) The Agriculture Resource Development Fund shall consist of:
(a) money appropriated to it by the Legislature;
(b) sales and use tax receipts transferred to the fund pursuant to Section 59-12-103 ;
(c) money received for the repayment of loans made from the fund;
(d) money made available to the state for agriculture resource development from any source; and
(e) interest earned on the fund.
(3) The commission shall make loans from the Agriculture Resource Development Fund as provided by Section 4-18-5 .
(4) For fiscal year 2003-04 only, up to $500,000 in the
Agriculture Resource Development Fund may be appropriated
by the Legislature to the Utah Rural Rehabilitation Fund
created in Section
4-19-4
.
2003
4-18-6.5 Grants to improve manure management or control runoff at animal feeding operations.
(1) (a) The commission may make grants to owners or operators of animal feeding operations to pay for costs of plans or projects to improve manure management or control surface water runoff, including costs of preparing or implementing comprehensive nutrient management plans.
(b) The commission shall make the grants described in Subsection (1)(a) from funds appropriated by the Legislature for that purpose.
(2) (a) In awarding grants, the commission shall consider the following criteria:
(i) the ability of the grantee to pay for costs of plans or projects to improve manure management or control surface water runoff;
(ii) the availability of:
(A) matching funds provided by the grantee or another source; or
(B) material, labor, or other items of value provided in lieu of money by the grantee or another source; and
(iii) the benefits that accrue to the general public by the awarding of a grant.
(b) The commission may establish by rule additional criteria for the awarding of grants.
(3) The commission shall make rules in accordance with
Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
to implement this section.
2001
4-18-14 Adoption of resolution implementing conservation corps.
Any soil conservation district organized under Title 17A,
Chapter 3, Part 8, may adopt a resolution implementing a
Utah Conservation Corps Program as set forth in Sections
4-18-15
through
4-18-27
.
1993
4-18-15 Utah Conservation Corps - Establishment - Responsibilities.
The Utah Conservation Corps shall be responsible for carrying out the following purposes:
(1) conserving and developing the state's natural resources;
(2) enhancing and maintaining environmentally important lands and waters;
(3) providing educational work opportunities for youth; and
(4) enhancing the educational opportunities and employability
of youth.
1990
4-18-16 Definitions.
As used in this chapter:
(1) "Corps" means the Utah Conservation Corps.
(2) "Director" means the director of a Utah Conservation
Corps.
1990
4-18-17 Utah Conservation Corps director.
(1) The governing body of any soil conservation district which implements a Utah Conservation Corps shall assign the duties of director to an employee designated to administer the same. Said employee shall be designated with the title director.
(2) The director may employ staff to implement this chapter.
1990
4-18-18 Nature of projects.
Young women and men participating in the corps shall be engaged in projects which do the following:
(1) preserve, maintain, and enhance environmentally important lands and waters;
(2) accomplish useful and needed public works projects in both urban and rural areas;
(3) conserve, maintain, improve, and develop natural resources in both urban and rural areas;
(4) provide opportunities for public use of the areas, projects, and resources described in Subsections (1), (2), and (3);
(5) assist in emergency operations, such as natural disaster relief, and the rescue of lost and injured persons;
(6) assist in fire prevention and suppression;
(7) directly contribute to the conservation of energy;
(8) contribute toward making public facilities accessible to persons with disabilities; and
(9) assist in:
(a) developing, rehabilitating, and restoring parklands, recreational facilities, and historical resources;
(b) restoring and preserving wildlife habitat;
(c) providing for the propagation of fish and wildlife; and
(d) providing for the reforestation of both urban and
rural areas.
1990
4-18-19 Project areas - Benefits and opportunities.
Projects shall be undertaken in both urban and rural areas and shall be selected with consideration given to the following factors:
(1) environmental and natural resources benefits of the project;
(2) opportunities for public use offered by the project;
(3) opportunities for personal development of corps members; and
(4) the value of the on-the-job training.
1990
4-18-20 Selection criteria.
(1) Young men and women shall be selected for the corps on the basis of their interest in hard work, personal development, and public service, without regard to their prior employment or educational background. Participation shall be for a period of up to one year and may be extended at the discretion of the director.
(2) The corps shall place an emphasis on the development
and execution of plans to assist corps members in obtaining
employment following their participation in the corps.
1990
4-18-21 Powers of director.
To implement the provisions of this chapter, the director may:
(1) recruit and employ corps members as authorized by the district;
(2) employ special corps members without regard to age who will provide the corps with skills necessary for the attainment of the corps' objectives;
(3) adopt criteria for selecting applicants for employment in the corps;
(4) execute contracts for the employment of corps members;
(5) authorize utilization of the corps for emergency projects occasioned by natural disasters, fire prevention and suppression, rescue of lost or injured persons, or any other activity or project necessary or desirable to carry out the purposes of this chapter;
(6) execute contracts:
(a) for furnishing the services of the corps to any agency, organization, or person concerned with the objectives of the corps;
(b) with any agency, organization, or person to provide services to the corps; and
(c) with universities, colleges, and private institutions for the creation of special admission and tuition credit programs for corps members;
(7) be reimbursed by any federal, state, or local government agency or any private organization for actual expenses incurred by the corps for any project undertaken;
(8) apply for and accept grants or contributions of funds from any public or private source;
(9) purchase, rent, or otherwise acquire necessary property and equipment; and
(10) procure insurance.
1990
4-18-22 Retirement benefits.
Corps members and special corps members, other than staff
officers and employees, may not receive state retirement
benefits.
1990
4-18-23 Nonresidential programs.
The corps may develop nonresidential programs in:
(1) urban communities; or
(2) nonurban communities which have:
(a) high concentrations of ethnic-minority youths or high levels of youth unemployment; and
(b) a need for conservation work.
1990
4-18-24 Contracts with nonprofit agencies.
The corps may contract with public or private nonprofit agencies to provide services for a nonresidential program. The public or private nonprofit agency shall:
(1) submit a proposal which demonstrates that its program is consistent with the policies of the corps and with this chapter;
(2) to the extent possible, secure funding or services from the local service delivery area for necessary employment and training services;
(3) secure reimbursement for a significant portion of the work performed;
(4) secure a commitment from local educational institutions that appropriate education services will be provided; and
(5) maintain, to the extent possible, the funding from
foundations and other public and private organizations for
a nonresidential program.
1990
4-18-25 Educational component.
(1) The corps shall give priority to providing an educational component for corps members who have not completed high school. The component shall be equal in content to a high school curriculum and provide course credits leading to a high school diploma or its equivalent. The work of the corps shall be structured to accommodate the educational component without significantly reducing the productivity of the corps.
(2) Corps members who desire to return to school shall
be assisted by the corps in developing plans to accomplish
this goal.
1990
4-18-26 Employment and training.
(1) The corps shall cooperate with the local service delivery area, designated pursuant to the federal Job Training Partnership Act, to secure employment and training services for corps members.
(2) Employment and training services may include job search assistance, skills training, transitional employment, or any other services provided under the federal Job Training Partnership Act which would lead to employment for corps members.
(3) Employment and training services may be provided to
corps members as a component of their work with the corps
or upon their termination from the corps.
1990
4-18-27 Corps member bill of rights.
(1) In order to protect the rights of corps members individually and the corps as a community, the director shall adopt a corps member bill of rights, corps member grievance procedures, and search and seizure guidelines.
(2) The adopted rights, procedures, and guidelines shall
serve to assist the director and corps staff in identifying
problems and conflicts and resolving them with a minimal
disruption of work and training, and shall be used by corps
supervisors to interpret and consistently enforce policies
and procedures of the corps.
1990
