House File 666 H-1201 Amend House File 666 as follows: 1 1. Page 13, after line 20 by inserting: 2 < DIVISION ___ 3 MANAGEMENT OF SOIL AND WATER RESOURCES 4 Sec. ___. Section 161A.2, Code 2023, is amended to read as 5 follows: 6 161A.2 Declaration of policy. 7 It is hereby declared to be the policy of the legislature 8 to integrate the conservation of soil and water resources 9 into the production of agricultural commodities to insure 10 the long-term protection of the soil and water resources of 11 the state of Iowa, and to encourage the development of farm 12 management and agricultural practices that are consistent with 13 the capability of the land to sustain agriculture, and thereby 14 to preserve natural resources , ; promote soil health; control 15 floods , ; prevent the impairment of dams and reservoirs , ; assist 16 and maintain the navigability of rivers and harbors , ; preserve 17 wildlife , ; protect the tax base , ; protect public lands ; and 18 promote the health, safety , and public welfare of the people 19 of this state. 20 Sec. ___. Section 161A.3, Code 2023, is amended by adding 21 the following new subsections: 22 NEW SUBSECTION . 9A. “Iowa nutrient reduction strategy” 23 means the same as defined in section 455B.171. 24 NEW SUBSECTION . 12A. “Point source” means the same as 25 defined in section 455B.171. 26 NEW SUBSECTION . 12B. “Soil health” means the continuing 27 capacity of soil to function as a vital living ecosystem that 28 sustains plants, animals, and humans. 29 Sec. ___. Section 161A.4, subsection 2, paragraph g, Code 30 2023, is amended to read as follows: 31 g. To assist each soil and water conservation district in 32 developing a district soil and water resource conservation plan 33 as provided under section 161A.7 . The plan shall be developed 34 according to rules adopted by the division to preserve and 35 -1- HF 666.1597 (2) 90 da/ns 1/ 10 #1.

protect the public interest in the soil and water resources 1 of this state for future generations and for this purpose to 2 encourage, promote, facilitate, and where such public interest 3 requires, to mandate the conservation and proper control of and 4 use of the soil and water resources of this state, by measures 5 including but not limited to the control of floods, the control 6 of erosion by water or by wind, the improvement of soil health, 7 the preservation of the quality of water for its optimum 8 use for agricultural, irrigation, recreational, industrial, 9 and domestic purposes, all of which shall be presumed to be 10 conducive to the public health, convenience, and welfare, both 11 present and future. 12 Sec. ___. Section 161A.7, subsection 1, paragraphs d, f, h, 13 and m, Code 2023, are amended to read as follows: 14 d. To cooperate, or enter into agreements with, and within 15 the limits of appropriations duly made available to it by law, 16 to furnish financial or other aid assistance to any agency, 17 governmental or otherwise, or any owner or occupier of lands 18 within the district, in the carrying on of including by doing 19 any of the following: 20 (1) Carrying out erosion-control and watershed protection 21 and flood prevention operations within the district, subject 22 to such conditions as the commissioners may deem necessary to 23 advance the purposes of this chapter . 24 (2) Carrying out projects or operations within the 25 district, as provided in paragraph “p” , subject to such 26 conditions as the commissioners may provide to advance the 27 purposes of this chapter. 28 f. To make available on such terms as it shall prescribe, 29 to landowners or occupiers within the district , ; agricultural 30 and engineering machinery and equipment, fertilizer, lime, and 31 such other material or equipment as will assist such landowners 32 or occupiers to carry on operations upon their lands for the 33 conservation of soil resources and the improvement of soil 34 health; and for the prevention and control of soil erosion 35 -2- HF 666.1597 (2) 90 da/ns 2/ 10

and for the prevention of erosion, floodwater, and sediment 1 damages. 2 h. To develop comprehensive plans for the conservation of 3 soil resources and the improvement of soil health; for the 4 control and prevention of soil erosion ; and for the prevention 5 of erosion, floodwater, and sediment damages within the 6 district , which . The comprehensive plans shall specify in such 7 detail as may be possible, the acts, procedures, performances, 8 and avoidances which are necessary or desirable for the 9 effectuation of such plans, including the specification of 10 engineering operations, methods of cultivation, the growing of 11 vegetation, cropping programs, tillage practices, and changes 12 in the use of land ; and to . The district shall publish such 13 plans and information and bring them to the attention of owners 14 and occupiers of lands within the district. 15 m. To encourage local school districts to provide 16 instruction in the importance of and in some of the basic 17 methods of soil conservation and healthy soil practices , as a 18 part of course work relating to agriculture, the conservation 19 of natural resources , and environmental awareness as required 20 in rules adopted by the state board of education pursuant 21 to section 256.11, subsections 3 and 4 through 5 , and to 22 offer technical assistance to schools in developing such 23 instructional programs. 24 Sec. ___. Section 161A.7, subsection 1, paragraph n, 25 subparagraph (1), subparagraph divisions (a) and (b), Code 26 2023, are amended to read as follows: 27 (a) Assessing the condition of soil and surface water in 28 the district, including an evaluation of the type, amount, 29 and quality of soil and water , ; the threat of soil erosion 30 and erosion, floodwater, and sediment damages , ; and necessary 31 preventative , restoration, and control measures. 32 (b) Developing methods to maintain or improve soil health 33 and water condition quality . 34 Sec. ___. Section 161A.7, subsection 1, Code 2023, is 35 -3- HF 666.1597 (2) 90 da/ns 3/ 10

amended by adding the following new paragraph: 1 NEW PARAGRAPH . p. To carry out soil erosion prevention and 2 mitigation, watershed protection or improvement, water resource 3 restoration, flood prevention or control, and water quality 4 protection projects and operations, within the district. The 5 water quality protection projects and operations may include 6 but are not limited to efforts to maintain, protect, and 7 improve the quality of surface water and groundwater from point 8 sources and nonpoint sources, including by doing any of the 9 following: 10 (1) Reducing or preventing pollution caused by access to 11 agricultural drainage or sinkholes, sedimentation, or chemical 12 pollutants. 13 (2) Reducing nutrients and other pollutants in or from 14 surface water and groundwater. 15 (3) Reducing or eliminating nutrient loads from surface 16 water or groundwater. 17 (4) Achieving or furthering any of the objectives, goals, 18 and targets described in the Iowa nutrient reduction strategy. 19 Sec. ___. Section 161A.13, Code 2023, is amended to read as 20 follows: 21 161A.13 Purpose of subdistricts. 22 Subdistricts of a soil and water conservation district may 23 be formed as provided in this chapter for the purposes of 24 carrying out watershed protection and flood prevention programs 25 to carry out the same purposes of the district under section 26 161A.7, within the territory of the subdistrict but shall not 27 be formed solely for the purpose of establishing or taking over 28 the operation of an existing drainage district. 29 Sec. ___. Section 161A.42, subsection 9, paragraph b, Code 30 2023, is amended to read as follows: 31 b. “Temporary soil and water conservation practices” 32 means the planting of annual or biennial crops , ; the use of 33 strip-cropping, cover cropping, or contour planting , or ; the 34 use of no-tillage, minimum or tillage, or mulch tillage , and ; 35 -4- HF 666.1597 (2) 90 da/ns 4/ 10

the use of an agriculture practice, silviculture practice, 1 aquaculture practice, or permaculture practice; the use of 2 extended crop rotations or rotational grazing; or the use 3 of any other cultural practices practice approved by the 4 committee. 5 Sec. ___. Section 161A.53, Code 2023, is amended to read as 6 follows: 7 161A.53 Cooperation with other agencies. 8 Soil and water conservation districts may enter into 9 agreements with the federal government or an agency of the 10 federal government, as provided by state law, or with the state 11 of Iowa or an agency of the state, any other soil and water 12 conservation district, or any other political subdivision of 13 this state, for cooperation in preventing, controlling, or 14 attempting to prevent or control soil erosion , improving or 15 attempting to improve soil health, or performing a soil health 16 assessment . Soil and water conservation districts may accept, 17 as provided by state law, money disbursed for soil erosion 18 control purposes by the federal government or an agency of the 19 federal government, and expend the money for the purposes for 20 which it was received. 21 Sec. ___. Section 161A.73, subsection 1, paragraph b, Code 22 2023, is amended to read as follows: 23 b. The allocation of moneys as financial incentives provided 24 for the purpose of establishing management practices to control 25 prevent and mitigate soil erosion on land that is row cropped 26 and promote soil health , including but not limited to cover 27 crops, no-till planting, ridge-till planting, contouring, and 28 contour strip-cropping. The division shall by rule establish 29 limits on the amount of incentives which shall be authorized 30 for payment to landowners upon establishment of the practice. 31 Sec. ___. Section 161C.1, Code 2023, is amended by adding 32 the following new subsections: 33 NEW SUBSECTION . 01. “Authorized project” means a project 34 that is carried out to support any of the following: 35 -5- HF 666.1597 (2) 90 da/ns 5/ 10

a. Soil erosion prevention and mitigation. 1 b. Watershed protection or improvement. 2 c. Water resource restoration. 3 d. Flood prevention or control. 4 e. Water quality protection practices. 5 f. Water quality projects and operations, including as 6 required to achieve or further any of the objectives, goals, 7 and targets described in the Iowa nutrient reduction strategy. 8 g. Soil health protection and improvement. 9 NEW SUBSECTION . 4A. “Financial partner” means a public 10 agency or private agency, as those terms are defined in 11 section 28E.2, that provides funding to persons through loans, 12 forgivable loans, grants, or other financial instruments. 13 NEW SUBSECTION . 4B. “Iowa nutrient reduction strategy” 14 means the same as defined in section 455B.171. 15 NEW SUBSECTION . 5A. “Nonpoint source” means any source of 16 pollution other than a point source. 17 NEW SUBSECTION . 5B. “Point source” means the same as 18 defined in section 455B.171. 19 Sec. ___. Section 161C.2, subsection 1, paragraph a, Code 20 2023, is amended to read as follows: 21 a. Each A soil and water conservation district, alone and 22 whenever practical in conjunction with other districts , or 23 financial partners, shall carry out individual, district-wide , 24 and multiple-district projects to support water protection 25 practices in the district or districts , including but not 26 limited to authorized projects to protect this state’s 27 groundwater and surface water from point sources and nonpoint 28 sources of contamination, including but not limited to 29 contamination by agricultural drainage wells, sinkholes, 30 sedimentation, or chemical pollutants . The projects and 31 operations include but are not limited to practices or other 32 efforts to reduce pollution caused by access to agricultural 33 drainage wells or sinkholes, sedimentation, or chemical 34 pollutants, as described in the Iowa nutrient reduction 35 -6- HF 666.1597 (2) 90 da/ns 6/ 10

strategy. 1 Sec. ___. Section 161C.3, Code 2023, is amended to read as 2 follows: 3 161C.3 Cooperation with other agencies financial partners . 4 Soil A soil and water conservation districts district may 5 enter into agreements an agreement with the United States 6 federal government , as provided by state law, or with the state 7 of Iowa or any agency of the state, any other soil and water 8 conservation district, or other political subdivision of this 9 state, or a financial partner, for cooperation in preventing, 10 controlling, or attempting to prevent or control contamination 11 the pollution of groundwater or surface water or groundwater 12 by point sources and nonpoint sources of pollution . Soil 13 and water conservation districts may accept, as provided by 14 state law, any money disbursed for water quality preservation 15 purposes by the federal government or any agency of the federal 16 government, and expend the money for the purposes for which it 17 was received. 18 Sec. ___. Section 161E.1, Code 2023, is amended to read as 19 follows: 20 161E.1 Authority of board. 21 1. a. If a county, soil and water conservation district, 22 a subdistrict of a soil and water conservation district, 23 political subdivision of the state, or other local agency , or 24 a financial partner engages or in, participates in a project 25 for flood or erosion control, flood prevention , or carries out 26 an authorized project, including but not limited to a water 27 quality project or operation , or engages in, participates in, 28 or carries out a project for the conservation, development, 29 utilization, and disposal of water, in cooperation with the 30 federal government, or a department or agency of the federal 31 government, the counties in which the project is carried on out 32 may , act through the board of supervisors, construct, or under 33 a chapter 28E or 28F agreement, to do any of the following: 34 (1) Construct, operate, and maintain the project on lands 35 -7- HF 666.1597 (2) 90 da/ns 7/ 10

under the control or jurisdiction of the county dedicated to 1 county use , or furnish . 2 (2) Furnish financial and other assistance in connection 3 with the projects. Flood, soil erosion control, and watershed 4 improvement 5 b. Authorized projects , including but not limited to water 6 quality projects and operations, are presumed to be for the 7 protection of the tax base of the county, for the protection of 8 public roads and lands, and for the protection of the public 9 health, sanitation, safety, and general welfare. 10 Sec. ___. NEW SECTION . 161E.1A Definitions. 11 As used in this chapter, unless the context otherwise 12 requires: 13 1. “Authorized project” means the same as defined in section 14 161C.1. 15 2. “Financial partner” means the same as defined in section 16 161C.1. 17 3. “Iowa nutrient reduction strategy” means the same as 18 defined in section 455B.171. 19 Sec. ___. Section 161E.2, Code 2023, is amended to read as 20 follows: 21 161E.2 Federal aid assistance . 22 A county may, in accordance with this chapter , accept 23 federal funds for aid moneys to assist in a supporting an 24 authorized project for flood or soil erosion control, flood 25 prevention , or the conservation, development, utilization, 26 and disposal of water , and . A county may cooperate with the 27 federal government or a department or agency of the federal 28 government, a soil and water conservation district, subdistrict 29 of a soil and water conservation district, political 30 subdivision of the state, or other local agency , and the . The 31 county may assume a proportion of the cost of the authorized 32 project as deemed appropriate, and may assume the maintenance 33 cost of the project on lands under the control or jurisdiction 34 of the county which will not be discharged by federal aid 35 -8- HF 666.1597 (2) 90 da/ns 8/ 10

assistance or grant. 1 Sec. ___. Section 161E.3, Code 2023, is amended to read as 2 follows: 3 161E.3 Cooperation. 4 The counties, soil and water conservation districts, 5 and subdistricts of soil and water conservation districts 6 concerned, shall advise and consult with each other, upon the 7 request of any of them or any affected landowners, and may 8 cooperate with each other or with other state subdivisions or 9 instrumentalities, and affected landowners, as well as with the 10 federal government or a department or agency of the federal 11 government, or with a financial partner, to construct, operate, 12 and maintain suitable authorized projects for flood or soil 13 erosion control, flood prevention , including but not limited 14 to water quality projects and operations , or the conservation, 15 development, utilization, and disposal of water on public roads 16 or other public lands or other land granted county use. 17 Sec. ___. Section 161E.5, Code 2023, is amended to read as 18 follows: 19 161E.5 Maintenance cost. 20 If construction of projects has been completed by the soil 21 and water conservation district, subdistricts a subdistrict of 22 the soil and water conservation districts district , a political 23 subdivisions subdivision of the state, or other local agencies 24 agency , or the federal government, or a department or agency 25 of the federal government, on private lands under the easement 26 granted to the county, only the cost of maintenance may be 27 assumed by the county. 28 Sec. ___. NEW SECTION . 161F.2A Board of supervisors to 29 establish districts —— water quality improvement. 30 The board of supervisors may establish, subject to the 31 provisions of this chapter, a district in the county with the 32 purpose of improving water quality. The district may be part 33 of a district established pursuant to section 161F.2. 34 Sec. ___. Section 161F.3, Code 2023, is amended to read as 35 -9- HF 666.1597 (2) 90 da/ns 9/ 10

follows: 1 161F.3 Combination of functions. 2 Such districts shall have the power to combine in their 3 functions activities affecting soil conservation, flood 4 control , and drainage, soil health, water quality improvement, 5 or any of these objects, singly or in combination with another. 6 Sec. ___. CODE EDITOR DIRECTIVE. 7 1. The Code editor is directed to make the following 8 transfers: 9 a. Section 161E.1A, as enacted in this division of this Act, 10 to section 161E.1. 11 b. Section 161E.1, as amended in this division of this Act, 12 to section 161E.1A. 13 2. The Code editor shall correct internal references in the 14 Code and in any enacted legislation as necessary due to the 15 enactment of this section. > 16 2. By renumbering as necessary. 17 ______________________________ ISENHART of Dubuque -10- HF 666.1597 (2) 90 da/ns 10/ 10 #2.