H.F. 69 Section 1. Section 161A.2, Code 2023, is amended to read as 1 follows: 2 161A.2 Declaration of policy. 3 It is hereby declared to be the policy of the legislature 4 to integrate the conservation of soil and water resources 5 into the production of agricultural commodities to insure 6 the long-term protection of the soil and water resources of 7 the state of Iowa, and to encourage the development of farm 8 management and agricultural practices that are consistent with 9 the capability of the land to sustain agriculture, and thereby 10 to preserve natural resources , ; promote soil health; control 11 floods , ; prevent the impairment of dams and reservoirs , ; assist 12 and maintain the navigability of rivers and harbors , ; preserve 13 wildlife , ; protect the tax base , ; protect public lands ; and 14 promote the health, safety , and public welfare of the people 15 of this state. 16 Sec. 2. Section 161A.3, Code 2023, is amended by adding the 17 following new subsections: 18 NEW SUBSECTION . 9A. “Iowa nutrient reduction strategy” 19 means the same as defined in section 455B.171. 20 NEW SUBSECTION . 12A. “Point source” means the same as 21 defined in section 455B.171. 22 NEW SUBSECTION . 12B. “Soil health” means the continuing 23 capacity of soil to function as a vital living ecosystem that 24 sustains plants, animals, and humans. 25 Sec. 3. Section 161A.4, subsection 2, paragraph g, Code 26 2023, is amended to read as follows: 27 g. To assist each soil and water conservation district in 28 developing a district soil and water resource conservation plan 29 as provided under section 161A.7 . The plan shall be developed 30 according to rules adopted by the division to preserve and 31 protect the public interest in the soil and water resources 32 of this state for future generations and for this purpose to 33 encourage, promote, facilitate, and where such public interest 34 requires, to mandate the conservation and proper control of and 35 -1- LSB 1250YH (4) 90 da/ns 1/ 12

H.F. 69 use of the soil and water resources of this state, by measures 1 including but not limited to the control of floods, the control 2 of erosion by water or by wind, the improvement of soil health, 3 the preservation of the quality of water for its optimum 4 use for agricultural, irrigation, recreational, industrial, 5 and domestic purposes, all of which shall be presumed to be 6 conducive to the public health, convenience, and welfare, both 7 present and future. 8 Sec. 4. Section 161A.7, subsection 1, paragraphs d, f, h, 9 and m, Code 2023, are amended to read as follows: 10 d. To cooperate, or enter into agreements with, and within 11 the limits of appropriations duly made available to it by law, 12 to furnish financial or other aid assistance to any agency, 13 governmental or otherwise, or any owner or occupier of lands 14 within the district, in the carrying on of including by doing 15 all of the following: 16 (1) Carrying out erosion-control and watershed protection 17 and flood prevention operations within the district, subject 18 to such conditions as the commissioners may deem necessary to 19 advance the purposes of this chapter . 20 (2) Carrying out projects or operations within the 21 district, as provided in paragraph “p” , subject to such 22 conditions as the commissioners may deem necessary to advance 23 the purposes of this chapter. 24 f. To make available on such terms as it shall prescribe, 25 to landowners or occupiers within the district , ; agricultural 26 and engineering machinery and equipment, fertilizer, lime, and 27 such other material or equipment as will assist such landowners 28 or occupiers to carry on operations upon their lands for the 29 conservation of soil resources and the improvement of soil 30 health; and for the prevention and control of soil erosion 31 and for the prevention of erosion, floodwater, and sediment 32 damages. 33 h. To develop comprehensive plans for the conservation of 34 soil resources and the improvement of soil health; for the 35 -2- LSB 1250YH (4) 90 da/ns 2/ 12

H.F. 69 control and prevention of soil erosion ; and for the prevention 1 of erosion, floodwater, and sediment damages within the 2 district , which . The comprehensive plans shall specify in such 3 detail as may be possible, the acts, procedures, performances, 4 and avoidances which are necessary or desirable for the 5 effectuation of such plans, including the specification of 6 engineering operations, methods of cultivation, the growing of 7 vegetation, cropping programs, tillage practices, and changes 8 in the use of land ; and to . The district shall publish such 9 plans and information and bring them to the attention of owners 10 and occupiers of lands within the district. 11 m. To encourage local school districts to provide 12 instruction in the importance of and in some of the basic 13 methods of soil conservation and healthy soil practices , as a 14 part of course work relating to agriculture, the conservation 15 of natural resources , and environmental awareness as required 16 in rules adopted by the state board of education pursuant 17 to section 256.11, subsections 3 and 4 through 5 , and to 18 offer technical assistance to schools in developing such 19 instructional programs. 20 Sec. 5. Section 161A.7, subsection 1, paragraph n, 21 subparagraph (1), subparagraph divisions (a) and (b), Code 22 2023, are amended to read as follows: 23 (a) Assessing the condition of soil and surface water in 24 the district, including an evaluation of the type, amount, 25 and quality of soil and water , ; the threat of soil erosion 26 and erosion, floodwater, and sediment damages , ; and necessary 27 preventative , restoration, and control measures. 28 (b) Developing methods to maintain or improve soil health 29 and water condition quality . 30 Sec. 6. Section 161A.7, subsection 1, Code 2023, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . p. To carry out soil erosion control, 33 watershed protection or improvement, water resource 34 restoration, flood prevention or control, and water quality 35 -3- LSB 1250YH (4) 90 da/ns 3/ 12

H.F. 69 protection projects and operations, within the district. The 1 water quality protection projects and operations may include 2 but are not limited to efforts to maintain, protect, and 3 improve the quality of surface water and groundwater from point 4 sources and nonpoint sources, including by doing all of the 5 following: 6 (1) Reducing or eliminating pollution caused by access to 7 agricultural drainage or sinkholes, sedimentation, or chemical 8 pollutants. 9 (2) Reducing or removing nutrients and other pollutants in 10 or from surface water and groundwater. 11 (3) Reducing or eliminating nutrient loads from surface 12 water or groundwater. 13 (4) Achieving or furthering any of the objectives, goals, 14 and targets described in the Iowa nutrient reduction strategy. 15 Sec. 7. Section 161A.13, Code 2023, is amended to read as 16 follows: 17 161A.13 Purpose of subdistricts. 18 Subdistricts of a soil and water conservation district may 19 be formed as provided in this chapter for the purposes of 20 carrying out watershed protection and flood prevention programs 21 to carry out the same purposes of the district under section 22 161A.7, within the territory of the subdistrict but shall not 23 be formed solely for the purpose of establishing or taking over 24 the operation of an existing drainage district. 25 Sec. 8. Section 161A.42, subsection 9, paragraph b, Code 26 2023, is amended to read as follows: 27 b. “Temporary soil and water conservation practices” 28 means the planting of annual or biennial crops , ; the use of 29 strip-cropping, cover cropping, or contour planting , or ; the 30 use of no-tillage, minimum or tillage, or mulch tillage , and ; 31 the use of an agriculture practice, silviculture practice, 32 aquaculture practice, or permaculture practice; or the use 33 of any other cultural practices practice approved by the 34 committee. 35 -4- LSB 1250YH (4) 90 da/ns 4/ 12

H.F. 69 Sec. 9. Section 161A.53, Code 2023, is amended to read as 1 follows: 2 161A.53 Cooperation with other agencies. 3 Soil and water conservation districts may enter into 4 agreements with the federal government or an agency of the 5 federal government, as provided by state law, or with the state 6 of Iowa or an agency of the state, any other soil and water 7 conservation district, or any other political subdivision of 8 this state, for cooperation in preventing, controlling, or 9 attempting to prevent or control soil erosion , improving or 10 attempting to improve soil health, or performing a soil health 11 assessment . Soil and water conservation districts may accept, 12 as provided by state law, money disbursed for soil erosion 13 control purposes by the federal government or an agency of the 14 federal government, and expend the money for the purposes for 15 which it was received. 16 Sec. 10. Section 161A.73, subsection 1, paragraph b, Code 17 2023, is amended to read as follows: 18 b. The allocation of moneys as financial incentives 19 provided for the purpose of establishing management practices 20 to control soil erosion and promote soil health on land that 21 is row cropped, including but not limited to cover crops, 22 no-till planting, ridge-till planting, contouring, and contour 23 strip-cropping. The division shall by rule establish limits on 24 the amount of incentives which shall be authorized for payment 25 to landowners upon establishment of the practice. 26 Sec. 11. Section 161C.1, Code 2023, is amended by adding the 27 following new subsections: 28 NEW SUBSECTION . 01. “Authorized project” means a project 29 that is carried out to support any of the following: 30 a. Soil erosion control. 31 b. Watershed protection or improvement. 32 c. Water resource restoration. 33 d. Flood prevention or control. 34 e. Water quality protection practices. 35 -5- LSB 1250YH (4) 90 da/ns 5/ 12

H.F. 69 f. Water quality projects and operations, including as 1 required to achieve or further any of the objectives, goals, 2 and targets described in the Iowa nutrient reduction strategy. 3 NEW SUBSECTION . 4A. “Financing entity” means a public 4 agency or private agency, as those terms are defined in 5 section 28E.2, that provides funding to persons through loans, 6 forgivable loans, grants, or other financial instruments, and 7 which may include but is not limited to providing financing 8 under chapter 28F, 331, or 384. 9 NEW SUBSECTION . 4B. “Iowa nutrient reduction strategy” 10 means the same as defined in section 455B.171. 11 NEW SUBSECTION . 5A. “Point source” means the same as 12 defined in section 455B.171. 13 Sec. 12. Section 161C.2, subsection 1, paragraph a, Code 14 2023, is amended to read as follows: 15 a. Each A soil and water conservation district, alone and 16 whenever practical in conjunction with other districts , or 17 financing entities, shall carry out individual, district-wide , 18 and multiple-district projects to support water protection 19 practices in the district or districts , including but not 20 limited to authorized projects to protect this state’s 21 groundwater and surface water from point sources and nonpoint 22 sources of contamination, including but not limited to 23 contamination by agricultural drainage wells, sinkholes, 24 sedimentation, or chemical pollutants . The projects and 25 operations include but are not limited to practices or other 26 efforts to reduce or eliminate pollution caused by access 27 to agricultural drainage wells or sinkholes, sedimentation, 28 or chemical pollutants, as described in the Iowa nutrient 29 reduction strategy. 30 Sec. 13. Section 161C.3, Code 2023, is amended to read as 31 follows: 32 161C.3 Cooperation with other agencies financing entities . 33 Soil A soil and water conservation districts district may 34 enter into agreements an agreement with the United States 35 -6- LSB 1250YH (4) 90 da/ns 6/ 12

H.F. 69 federal government , as provided by state law, or with the state 1 of Iowa or any agency of the state, any other soil and water 2 conservation district, or other political subdivision of this 3 state, or a financing entity, for cooperation in preventing, 4 controlling, or attempting to prevent or control contamination 5 the pollution of groundwater or surface water or groundwater 6 by point sources and nonpoint sources of pollution . Soil 7 and water conservation districts may accept, as provided by 8 state law, any money disbursed for water quality preservation 9 purposes by the federal government or any agency of the federal 10 government, and expend the money for the purposes for which it 11 was received. 12 Sec. 14. Section 161E.1, Code 2023, is amended to read as 13 follows: 14 161E.1 Authority of board. 15 1. a. If a county, soil and water conservation district, 16 a subdistrict of a soil and water conservation district, 17 political subdivision of the state, or other local agency , or 18 a financing entity engages or in, participates in a project 19 for flood or erosion control, flood prevention , or carries out 20 an authorized project, including but not limited to a water 21 quality project or operation , or engages in, participates in, 22 or carries out a project for the conservation, development, 23 utilization, and disposal of water, in cooperation with the 24 federal government, or a department or agency of the federal 25 government, the counties in which the project is carried on out 26 may , act through the board of supervisors, construct, or under 27 a chapter 28E or 28F agreement, to do any of the following: 28 (1) Construct, operate, and maintain the project on lands 29 under the control or jurisdiction of the county dedicated to 30 county use , or furnish . 31 (2) Furnish financial and other assistance in connection 32 with the projects. Flood, soil erosion control, and watershed 33 improvement 34 b. Authorized projects , including but not limited to water 35 -7- LSB 1250YH (4) 90 da/ns 7/ 12

H.F. 69 quality projects and operations, are presumed to be for the 1 protection of the tax base of the county, for the protection of 2 public roads and lands, and for the protection of the public 3 health, sanitation, safety, and general welfare. 4 Sec. 15. NEW SECTION . 161E.1A Definitions. 5 As used in this chapter, unless the context otherwise 6 requires: 7 1. “Authorized project” means a project that is carried out 8 to support any of the following: 9 a. Soil erosion control project. 10 b. Watershed protection or improvement project. 11 c. Water resource restoration project. 12 d. Flood prevention or control. 13 e. Water quality protection practices. 14 f. Water quality projects and operations, including those 15 projects described in the Iowa nutrient reduction strategy. 16 2. “Financing entity” means the same as defined in section 17 161C.1. 18 3. “Iowa nutrient reduction strategy” means the same as 19 defined in section 455B.171. 20 Sec. 16. Section 161E.2, Code 2023, is amended to read as 21 follows: 22 161E.2 Federal aid assistance . 23 A county may, in accordance with this chapter , accept 24 federal funds for aid moneys to assist in a supporting an 25 authorized project for flood or soil erosion control, flood 26 prevention , or the conservation, development, utilization, 27 and disposal of water , and . A county may cooperate with the 28 federal government or a department or agency of the federal 29 government, a soil and water conservation district, subdistrict 30 of a soil and water conservation district, political 31 subdivision of the state, or other local agency , and the . The 32 county may assume a proportion of the cost of the authorized 33 project as deemed appropriate, and may assume the maintenance 34 cost of the project on lands under the control or jurisdiction 35 -8- LSB 1250YH (4) 90 da/ns 8/ 12

H.F. 69 of the county which will not be discharged by federal aid 1 assistance or grant. 2 Sec. 17. Section 161E.3, Code 2023, is amended to read as 3 follows: 4 161E.3 Cooperation. 5 The counties, soil and water conservation districts, 6 and subdistricts of soil and water conservation districts 7 concerned, shall advise and consult with each other, upon the 8 request of any of them or any affected landowners, and may 9 cooperate with each other or with other state subdivisions or 10 instrumentalities, and affected landowners, as well as with the 11 federal government or a department or agency of the federal 12 government, or with a financing entity, to construct, operate, 13 and maintain suitable authorized projects for flood or soil 14 erosion control, flood prevention , including but not limited 15 to water quality projects and operations , or the conservation, 16 development, utilization, and disposal of water on public roads 17 or other public lands or other land granted county use. 18 Sec. 18. Section 161E.5, Code 2023, is amended to read as 19 follows: 20 161E.5 Maintenance cost. 21 If construction of projects has been completed by the soil 22 and water conservation district, subdistricts a subdistrict of 23 the soil and water conservation districts district , a political 24 subdivisions subdivision of the state, or other local agencies 25 agency , or the federal government, or a department or agency 26 of the federal government, on private lands under the easement 27 granted to the county, only the cost of maintenance may be 28 assumed by the county. 29 Sec. 19. Section 161F.2, Code 2023, is amended to read as 30 follows: 31 161F.2 Board of supervisors to establish districts —— strip 32 coal mining. 33 1. The board of supervisors of any a county shall have 34 jurisdiction, power and authority at any regular, special or 35 -9- LSB 1250YH (4) 90 da/ns 9/ 12

H.F. 69 adjourned session to establish, subject to the provisions 1 of this chapter , districts having for their purpose soil 2 conservation , and the control of flood waters , or the 3 improvement of water quality, and to cause to be constructed 4 as hereinafter provided, such improvements and facilities as 5 shall be deemed essential for the accomplishment of the purpose 6 of soil conservation , and flood control , or the improvement of 7 water quality . Such 8 2. The board of supervisors of a county shall also have 9 jurisdiction, power and authority at any regular, special or 10 adjourned session to establish, in the same manner that the 11 districts hereinabove referred to described in subsection 12 1 are established, districts having for their purpose soil 13 conservation in mining areas within the county, and provide 14 that anyone engaged in removing the surface soil over any 15 bed or strata of coal in such district for the purpose of 16 obtaining such coal shall replace the surface soil as nearly 17 as practicable to its original position, and provide that, 18 upon abandonment of such removal operation, all surface soil 19 shall be so replaced. This section subsection shall apply only 20 to surface soil so removed after July 4, 1949, and then only 21 if it is essential for the accomplishment of the purpose of 22 soil conservation and flood control within the purview of this 23 chapter . 24 Sec. 20. Section 161F.3, Code 2023, is amended to read as 25 follows: 26 161F.3 Combination of functions. 27 Such districts shall have the power to combine in their 28 functions activities affecting soil conservation, flood 29 control , and drainage, water quality improvement, or any of 30 these objects, singly or in combination with another. 31 Sec. 21. CODE EDITOR DIRECTIVE. 32 1. The Code editor is directed to make the following 33 transfers: 34 a. Section 161E.1A, as enacted in this Act, to section 35 -10- LSB 1250YH (4) 90 da/ns 10/ 12

H.F. 69 161E.1. 1 b. Section 161E.1, as amended in this Act, to section 2 161E.1A. 3 2. The Code editor shall correct internal references in the 4 Code and in any enacted legislation as necessary due to the 5 enactment of this section. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill amends various provisions relating to the 10 management of soil and water resources including Code 11 chapter 161A, the “Soil Conservation Districts Law” (Code 12 section 161A.1), which regulates soil erosion and authorizes 13 the payment of cost-share incentives for soil and water 14 conservation practices administered by the department of 15 agriculture and land stewardship (department) and soil and 16 water conservation districts (districts) throughout the 17 state; Code chapter 161C, authorizing districts and other 18 political subdivisions to work in conjunction in carrying out 19 districtwide and multiple district water protection projects; 20 Code chapter 161E, authorizing counties and districts, 21 political subdivisions, and other local agencies to provide for 22 flood control or soil erosion control; and Code chapter 161F, 23 authorizing the board of supervisors of a county to establish 24 soil conservation and flood control districts. 25 The bill amends Code chapter 161A by providing for efforts 26 that promote and improve soil health. The division of soil 27 conservation and water quality is required to carry out 28 projects relating to soil erosion control, watershed protection 29 or improvement, water resource restoration, flood prevention 30 or control, and water quality protection. The bill amends 31 Code chapters 161C, 161E, and 161F to provide that along with 32 traditional duties and powers exercised by districts and 33 political subdivisions to prevent soil erosion and flooding, 34 they may also carry out projects to maintain, protect, and 35 -11- LSB 1250YH (4) 90 da/ns 11/ 12

H.F. 69 improve water quality. The bill amends Code chapters 161C and 1 161E to allow financing entities to participate in funding 2 authorized projects related to soil erosion control, watershed 3 protection or improvement, water resource restoration, flood 4 prevention or control, and water quality in furtherance of 5 the objectives of the Iowa nutrient reduction strategy. A 6 financing entity includes a public or private agency that 7 extends funding through different financial instruments to 8 support public works. 9 -12- LSB 1250YH (4) 90 da/ns 12/ 12