Print
House File 69 - IntroducedA Bill ForAn Act 1relating to the management of soil and water resources,
2by providing for certain practices and projects, including
3projects described in the Iowa nutrient reduction strategy.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 161A.2, Code 2023, is amended to read as
2follows:
3161A.2 Declaration of policy.
4It is hereby declared to be the policy of the legislature
5to integrate the conservation of soil and water resources
6into the production of agricultural commodities to insure
7the long-term protection of the soil and water resources of
8the state of Iowa, and to encourage the development of farm
9management and agricultural practices that are consistent with
10the capability of the land to sustain agriculture, and thereby
11to preserve natural resources,; promote soil health; control
12floods,; prevent the impairment of dams and reservoirs,; assist
13and maintain the navigability of rivers and harbors,; preserve
14wildlife,; protect the tax base,; protect public lands; and
15promote the health, safety, and public welfare of the people
16of this state.
17 Sec. 2. Section 161A.3, Code 2023, is amended by adding the
18following new subsections:
19 NEW SUBSECTION. 9A. “Iowa nutrient reduction strategy”
20means the same as defined in section 455B.171.
21 NEW SUBSECTION. 12A. “Point source” means the same as
22defined in section 455B.171.
23 NEW SUBSECTION. 12B. “Soil health” means the continuing
24capacity of soil to function as a vital living ecosystem that
25sustains plants, animals, and humans.
26 Sec. 3. Section 161A.4, subsection 2, paragraph g, Code
272023, is amended to read as follows:
28g. To assist each soil and water conservation district in
29developing a district soil and water resource conservation plan
30as provided under section 161A.7. The plan shall be developed
31according to rules adopted by the division to preserve and
32protect the public interest in the soil and water resources
33of this state for future generations and for this purpose to
34encourage, promote, facilitate, and where such public interest
35requires, to mandate the conservation and proper control of and
-1-1use of the soil and water resources of this state, by measures
2including but not limited to the control of floods, the control
3of erosion by water or by wind, the improvement of soil health,
4 the preservation of the quality of water for its optimum
5use for agricultural, irrigation, recreational, industrial,
6and domestic purposes, all of which shall be presumed to be
7conducive to the public health, convenience, and welfare, both
8present and future.
9 Sec. 4. Section 161A.7, subsection 1, paragraphs d, f, h,
10and m, Code 2023, are amended to read as follows:
11d. To cooperate, or enter into agreements with, and within
12the limits of appropriations duly made available to it by law,
13to furnish financial or other aid assistance to any agency,
14governmental or otherwise, or any owner or occupier of lands
15within the district, in the carrying on of including by doing
16all of the following:
17(1) Carrying outerosion-control and watershed protection
18and flood prevention operations within the district, subject
19to such conditions as the commissioners may deem necessary to
20advance the purposes of this chapter.
21(2) Carrying out projects or operations within the
22district, as provided in paragraph “p”, subject to such
23conditions as the commissioners may deem necessary to advance
24the purposes of this chapter.
25f. To make available on such terms as it shall prescribe,
26to landowners or occupiers within the district,; agricultural
27and engineering machinery and equipment, fertilizer, lime, and
28such other material or equipment as will assist such landowners
29or occupiers to carry on operations upon their lands for the
30conservation of soil resources and the improvement of soil
31health; and for the prevention and control of soil erosion
32and for the prevention of erosion, floodwater, and sediment
33damages.
34h. To develop comprehensive plans for the conservation of
35soil resources and the improvement of soil health; for the
-2-1control and prevention of soil erosion; and for the prevention
2of erosion, floodwater, and sediment damages within the
3district, which. The comprehensive plans shall specify in such
4detail as may be possible, the acts, procedures, performances,
5and avoidances which are necessary or desirable for the
6effectuation of such plans, including the specification of
7engineering operations, methods of cultivation, the growing of
8vegetation, cropping programs, tillage practices, and changes
9in the use of land; and to. The district shall publish such
10plans and information and bring them to the attention of owners
11and occupiers of lands within the district.
12m. To encourage local school districts to provide
13instruction in the importance of and in some of the basic
14methods of soil conservation and healthy soil practices, as a
15part of course work relating to agriculture, the conservation
16of natural resources, and environmental awareness as required
17in rules adopted by the state board of education pursuant
18to section 256.11, subsections 3 and 4 through 5, and to
19offer technical assistance to schools in developing such
20instructional programs.
21 Sec. 5. Section 161A.7, subsection 1, paragraph n,
22subparagraph (1), subparagraph divisions (a) and (b), Code
232023, are amended to read as follows:
24(a) Assessing the condition of soil and surface water in
25the district, including an evaluation of the type, amount,
26and quality of soil and water,; the threat of soil erosion
27and erosion, floodwater, and sediment damages,; and necessary
28preventative, restoration, and control measures.
29(b) Developing methods to maintain or improve soil health
30 and water condition quality.
31 Sec. 6. Section 161A.7, subsection 1, Code 2023, is amended
32by adding the following new paragraph:
33 NEW PARAGRAPH. p. To carry out soil erosion control,
34watershed protection or improvement, water resource
35restoration, flood prevention or control, and water quality
-3-1protection projects and operations, within the district. The
2water quality protection projects and operations may include
3but are not limited to efforts to maintain, protect, and
4improve the quality of surface water and groundwater from point
5sources and nonpoint sources, including by doing all of the
6following:
7(1) Reducing or eliminating pollution caused by access to
8agricultural drainage or sinkholes, sedimentation, or chemical
9pollutants.
10(2) Reducing or removing nutrients and other pollutants in
11or from surface water and groundwater.
12(3) Reducing or eliminating nutrient loads from surface
13water or groundwater.
14(4) Achieving or furthering any of the objectives, goals,
15and targets described in the Iowa nutrient reduction strategy.
16 Sec. 7. Section 161A.13, Code 2023, is amended to read as
17follows:
18161A.13 Purpose of subdistricts.
19Subdistricts of a soil and water conservation district may
20be formed as provided in this chapter for the purposes of
21carrying out watershed protection and flood prevention programs
22 to carry out the same purposes of the district under section
23161A.7, within the territory of the subdistrict but shall not
24be formed solely for the purpose of establishing or taking over
25the operation of an existing drainage district.
26 Sec. 8. Section 161A.42, subsection 9, paragraph b, Code
272023, is amended to read as follows:
28b. “Temporary soil and water conservation practices”
29means the planting of annual or biennial crops,; the use of
30strip-cropping, cover cropping, or contour planting, or; the
31use of no-tillage, minimum or tillage, or mulch tillage, and;
32the use of an agriculture practice, silviculture practice,
33aquaculture practice, or permaculture practice; or the use
34of any other cultural practices practice approved by the
35committee.
-4-1 Sec. 9. Section 161A.53, Code 2023, is amended to read as
2follows:
3161A.53 Cooperation with other agencies.
4Soil and water conservation districts may enter into
5agreements with the federal government or an agency of the
6federal government, as provided by state law, or with the state
7of Iowa or an agency of the state, any other soil and water
8conservation district, or any other political subdivision of
9this state, for cooperation in preventing, controlling, or
10attempting to prevent or control soil erosion, improving or
11attempting to improve soil health, or performing a soil health
12assessment. Soil and water conservation districts may accept,
13as provided by state law, money disbursed for soil erosion
14control purposes by the federal government or an agency of the
15federal government, and expend the money for the purposes for
16which it was received.
17 Sec. 10. Section 161A.73, subsection 1, paragraph b, Code
182023, is amended to read as follows:
19b. The allocation of moneys as financial incentives
20provided for the purpose of establishing management practices
21to control soil erosion and promote soil health on land that
22is row cropped, including but not limited to cover crops,
23no-till planting, ridge-till planting, contouring, and contour
24strip-cropping. The division shall by rule establish limits on
25the amount of incentives which shall be authorized for payment
26to landowners upon establishment of the practice.
27 Sec. 11. Section 161C.1, Code 2023, is amended by adding the
28following new subsections:
29 NEW SUBSECTION. 01. “Authorized project” means a project
30that is carried out to support any of the following:
31a. Soil erosion control.
32b. Watershed protection or improvement.
33c. Water resource restoration.
34d. Flood prevention or control.
35e. Water quality protection practices.
-5- 1f. Water quality projects and operations, including as
2required to achieve or further any of the objectives, goals,
3and targets described in the Iowa nutrient reduction strategy.
4 NEW SUBSECTION. 4A. “Financing entity” means a public
5agency or private agency, as those terms are defined in
6section 28E.2, that provides funding to persons through loans,
7forgivable loans, grants, or other financial instruments, and
8which may include but is not limited to providing financing
9under chapter 28F, 331, or 384.
10 NEW SUBSECTION. 4B. “Iowa nutrient reduction strategy”
11means the same as defined in section 455B.171.
12 NEW SUBSECTION. 5A. “Point source” means the same as
13defined in section 455B.171.
14 Sec. 12. Section 161C.2, subsection 1, paragraph a, Code
152023, is amended to read as follows:
16a. Each A soil and water conservation district, alone and
17whenever practical in conjunction with other districts, or
18financing entities, shall carry out individual, district-wide,
19 and multiple-district projects to support water protection
20practices in the district or districts, including but not
21limited to authorized projects to protect this state’s
22groundwater and surface water from point sources and nonpoint
23sources of contamination, including but not limited to
24contamination by agricultural drainage wells, sinkholes,
25sedimentation, or chemical pollutants. The projects and
26operations include but are not limited to practices or other
27efforts to reduce or eliminate pollution caused by access
28to agricultural drainage wells or sinkholes, sedimentation,
29or chemical pollutants, as described in the Iowa nutrient
30reduction strategy.
31 Sec. 13. Section 161C.3, Code 2023, is amended to read as
32follows:
33161C.3 Cooperation with other agencies financing entities.
34Soil A soil and water conservation districts district may
35enter into agreements an agreement with the United States
-6-1 federal government, as provided by state law, or with the state
2of Iowa or any agency of the state, any other soil and water
3conservation district, or other political subdivision of this
4state, or a financing entity, for cooperation in preventing,
5controlling, or attempting to prevent or control contamination
6 the pollution of groundwater or surface water or groundwater
7 by point sources and nonpoint sources of pollution. Soil
8and water conservation districts may accept, as provided by
9state law, any money disbursed for water quality preservation
10purposes by the federal government or any agency of the federal
11government, and expend the money for the purposes for which it
12was received.
13 Sec. 14. Section 161E.1, Code 2023, is amended to read as
14follows:
15161E.1 Authority of board.
161. a. If a county, soil and water conservation district,
17a subdistrict of a soil and water conservation district,
18political subdivision of the state, or other local agency, or
19a financing entity engages or in, participates in a project
20for flood or erosion control, flood prevention, or carries out
21an authorized project, including but not limited to a water
22quality project or operation, or engages in, participates in,
23or carries out a project for the conservation, development,
24utilization, and disposal of water, in cooperation with the
25federal government, or a department or agency of the federal
26government, the counties in which the project is carried on out
27 may, act through the board of supervisors, construct, or under
28a chapter 28E or 28F agreement, to do any of the following:
29(1) Construct,operate, and maintain the project on lands
30under the control or jurisdiction of the county dedicated to
31county use, or furnish.
32(2) Furnishfinancial and other assistance in connection
33with the projects. Flood, soil erosion control, and watershed
34improvement
35b. Authorizedprojects, including but not limited to water
-7-1quality projects and operations, are presumed to be for the
2protection of the tax base of the county, for the protection of
3public roads and lands, and for the protection of the public
4health, sanitation, safety, and general welfare.
5 Sec. 15. NEW SECTION. 161E.1A Definitions.
6As used in this chapter, unless the context otherwise
7requires:
81. “Authorized project” means a project that is carried out
9to support any of the following:
10a. Soil erosion control project.
11b. Watershed protection or improvement project.
12c. Water resource restoration project.
13d. Flood prevention or control.
14e. Water quality protection practices.
15f. Water quality projects and operations, including those
16projects described in the Iowa nutrient reduction strategy.
172. “Financing entity” means the same as defined in section
18161C.1.
193. “Iowa nutrient reduction strategy” means the same as
20defined in section 455B.171.
21 Sec. 16. Section 161E.2, Code 2023, is amended to read as
22follows:
23161E.2 Federal aid assistance.
24A county may, in accordance with this chapter, accept
25federal funds for aid moneys to assist in a supporting an
26authorized project for flood or soil erosion control, flood
27prevention, or the conservation, development, utilization,
28and disposal of water, and. A county may cooperate with the
29federal government or a department or agency of the federal
30government, a soil and water conservation district, subdistrict
31of a soil and water conservation district, political
32subdivision of the state, or other local agency, and the. The
33 county may assume a proportion of the cost of the authorized
34 project as deemed appropriate, and may assume the maintenance
35cost of the project on lands under the control or jurisdiction
-8-1of the county which will not be discharged by federal aid
2 assistance or grant.
3 Sec. 17. Section 161E.3, Code 2023, is amended to read as
4follows:
5161E.3 Cooperation.
6The counties, soil and water conservation districts,
7and subdistricts of soil and water conservation districts
8concerned, shall advise and consult with each other, upon the
9request of any of them or any affected landowners, and may
10cooperate with each other or with other state subdivisions or
11instrumentalities, and affected landowners, as well as with the
12federal government or a department or agency of the federal
13government, or with a financing entity, to construct, operate,
14and maintain suitable authorized projects for flood or soil
15erosion control, flood prevention, including but not limited
16to water quality projects and operations, or the conservation,
17development, utilization, and disposal of water on public roads
18or other public lands or other land granted county use.
19 Sec. 18. Section 161E.5, Code 2023, is amended to read as
20follows:
21161E.5 Maintenance cost.
22If construction of projects has been completed by the soil
23and water conservation district, subdistricts a subdistrict of
24the soil and water conservation districts district, a political
25subdivisions subdivision of the state, or other local agencies
26 agency, or the federal government, or a department or agency
27of the federal government, on private lands under the easement
28granted to the county, only the cost of maintenance may be
29assumed by the county.
30 Sec. 19. Section 161F.2, Code 2023, is amended to read as
31follows:
32161F.2 Board of supervisors to establish districts — strip
33coal mining.
341. The board of supervisors of any a county shall have
35jurisdiction, power and authority at any regular, special or
-9-1adjourned session to establish, subject to the provisions
2of this chapter, districts having for their purpose soil
3conservation, and the control of flood waters, or the
4improvement of water quality, and to cause to be constructed
5as hereinafter provided, such improvements and facilities as
6shall be deemed essential for the accomplishment of the purpose
7of soil conservation, and flood control, or the improvement of
8water quality. Such
92. Theboard of supervisors of a county shall also have
10jurisdiction, power and authority at any regular, special or
11adjourned session to establish, in the same manner that the
12districts hereinabove referred to described in subsection
131 are established, districts having for their purpose soil
14conservation in mining areas within the county, and provide
15that anyone engaged in removing the surface soil over any
16bed or strata of coal in such district for the purpose of
17obtaining such coal shall replace the surface soil as nearly
18as practicable to its original position, and provide that,
19upon abandonment of such removal operation, all surface soil
20shall be so replaced. This section subsection shall apply only
21to surface soil so removed after July 4, 1949, and then only
22 if it is essential for the accomplishment of the purpose of
23soil conservation and flood control within the purview of this
24chapter.
25 Sec. 20. Section 161F.3, Code 2023, is amended to read as
26follows:
27161F.3 Combination of functions.
28Such districts shall have the power to combine in their
29functions activities affecting soil conservation, flood
30control, and drainage, water quality improvement, or any of
31these objects, singly or in combination with another.
32 Sec. 21. CODE EDITOR DIRECTIVE.
331. The Code editor is directed to make the following
34transfers:
35a. Section 161E.1A, as enacted in this Act, to section
-10-1161E.1.
2b. Section 161E.1, as amended in this Act, to section
3161E.1A.
42. The Code editor shall correct internal references in the
5Code and in any enacted legislation as necessary due to the
6enactment of this section.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill amends various provisions relating to the
11management of soil and water resources including Code
12chapter 161A, the “Soil Conservation Districts Law” (Code
13section 161A.1), which regulates soil erosion and authorizes
14the payment of cost-share incentives for soil and water
15conservation practices administered by the department of
16agriculture and land stewardship (department) and soil and
17water conservation districts (districts) throughout the
18state; Code chapter 161C, authorizing districts and other
19political subdivisions to work in conjunction in carrying out
20districtwide and multiple district water protection projects;
21Code chapter 161E, authorizing counties and districts,
22political subdivisions, and other local agencies to provide for
23flood control or soil erosion control; and Code chapter 161F,
24authorizing the board of supervisors of a county to establish
25soil conservation and flood control districts.
26The bill amends Code chapter 161A by providing for efforts
27that promote and improve soil health. The division of soil
28conservation and water quality is required to carry out
29projects relating to soil erosion control, watershed protection
30or improvement, water resource restoration, flood prevention
31or control, and water quality protection. The bill amends
32Code chapters 161C, 161E, and 161F to provide that along with
33traditional duties and powers exercised by districts and
34political subdivisions to prevent soil erosion and flooding,
35they may also carry out projects to maintain, protect, and
-11-1improve water quality. The bill amends Code chapters 161C and
2161E to allow financing entities to participate in funding
3authorized projects related to soil erosion control, watershed
4protection or improvement, water resource restoration, flood
5prevention or control, and water quality in furtherance of
6the objectives of the Iowa nutrient reduction strategy. A
7financing entity includes a public or private agency that
8extends funding through different financial instruments to
9support public works.
-12-da/ns
2by providing for certain practices and projects, including
3projects described in the Iowa nutrient reduction strategy.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 161A.2, Code 2023, is amended to read as
2follows:
3161A.2 Declaration of policy.
4It is hereby declared to be the policy of the legislature
5to integrate the conservation of soil and water resources
6into the production of agricultural commodities to insure
7the long-term protection of the soil and water resources of
8the state of Iowa, and to encourage the development of farm
9management and agricultural practices that are consistent with
10the capability of the land to sustain agriculture, and thereby
11to preserve natural resources,; promote soil health; control
12floods,; prevent the impairment of dams and reservoirs,; assist
13and maintain the navigability of rivers and harbors,; preserve
14wildlife,; protect the tax base,; protect public lands; and
15promote the health, safety, and public welfare of the people
16of this state.
17 Sec. 2. Section 161A.3, Code 2023, is amended by adding the
18following new subsections:
19 NEW SUBSECTION. 9A. “Iowa nutrient reduction strategy”
20means the same as defined in section 455B.171.
21 NEW SUBSECTION. 12A. “Point source” means the same as
22defined in section 455B.171.
23 NEW SUBSECTION. 12B. “Soil health” means the continuing
24capacity of soil to function as a vital living ecosystem that
25sustains plants, animals, and humans.
26 Sec. 3. Section 161A.4, subsection 2, paragraph g, Code
272023, is amended to read as follows:
28g. To assist each soil and water conservation district in
29developing a district soil and water resource conservation plan
30as provided under section 161A.7. The plan shall be developed
31according to rules adopted by the division to preserve and
32protect the public interest in the soil and water resources
33of this state for future generations and for this purpose to
34encourage, promote, facilitate, and where such public interest
35requires, to mandate the conservation and proper control of and
-1-1use of the soil and water resources of this state, by measures
2including but not limited to the control of floods, the control
3of erosion by water or by wind, the improvement of soil health,
4 the preservation of the quality of water for its optimum
5use for agricultural, irrigation, recreational, industrial,
6and domestic purposes, all of which shall be presumed to be
7conducive to the public health, convenience, and welfare, both
8present and future.
9 Sec. 4. Section 161A.7, subsection 1, paragraphs d, f, h,
10and m, Code 2023, are amended to read as follows:
11d. To cooperate, or enter into agreements with, and within
12the limits of appropriations duly made available to it by law,
13to furnish financial or other aid assistance to any agency,
14governmental or otherwise, or any owner or occupier of lands
15within the district, in the carrying on of including by doing
16all of the following:
17(1) Carrying outerosion-control and watershed protection
18and flood prevention operations within the district, subject
19to such conditions as the commissioners may deem necessary to
20advance the purposes of this chapter.
21(2) Carrying out projects or operations within the
22district, as provided in paragraph “p”, subject to such
23conditions as the commissioners may deem necessary to advance
24the purposes of this chapter.
25f. To make available on such terms as it shall prescribe,
26to landowners or occupiers within the district,; agricultural
27and engineering machinery and equipment, fertilizer, lime, and
28such other material or equipment as will assist such landowners
29or occupiers to carry on operations upon their lands for the
30conservation of soil resources and the improvement of soil
31health; and for the prevention and control of soil erosion
32and for the prevention of erosion, floodwater, and sediment
33damages.
34h. To develop comprehensive plans for the conservation of
35soil resources and the improvement of soil health; for the
-2-1control and prevention of soil erosion; and for the prevention
2of erosion, floodwater, and sediment damages within the
3district, which. The comprehensive plans shall specify in such
4detail as may be possible, the acts, procedures, performances,
5and avoidances which are necessary or desirable for the
6effectuation of such plans, including the specification of
7engineering operations, methods of cultivation, the growing of
8vegetation, cropping programs, tillage practices, and changes
9in the use of land; and to. The district shall publish such
10plans and information and bring them to the attention of owners
11and occupiers of lands within the district.
12m. To encourage local school districts to provide
13instruction in the importance of and in some of the basic
14methods of soil conservation and healthy soil practices, as a
15part of course work relating to agriculture, the conservation
16of natural resources, and environmental awareness as required
17in rules adopted by the state board of education pursuant
18to section 256.11, subsections 3 and 4 through 5, and to
19offer technical assistance to schools in developing such
20instructional programs.
21 Sec. 5. Section 161A.7, subsection 1, paragraph n,
22subparagraph (1), subparagraph divisions (a) and (b), Code
232023, are amended to read as follows:
24(a) Assessing the condition of soil and surface water in
25the district, including an evaluation of the type, amount,
26and quality of soil and water,; the threat of soil erosion
27and erosion, floodwater, and sediment damages,; and necessary
28preventative, restoration, and control measures.
29(b) Developing methods to maintain or improve soil health
30 and water condition quality.
31 Sec. 6. Section 161A.7, subsection 1, Code 2023, is amended
32by adding the following new paragraph:
33 NEW PARAGRAPH. p. To carry out soil erosion control,
34watershed protection or improvement, water resource
35restoration, flood prevention or control, and water quality
-3-1protection projects and operations, within the district. The
2water quality protection projects and operations may include
3but are not limited to efforts to maintain, protect, and
4improve the quality of surface water and groundwater from point
5sources and nonpoint sources, including by doing all of the
6following:
7(1) Reducing or eliminating pollution caused by access to
8agricultural drainage or sinkholes, sedimentation, or chemical
9pollutants.
10(2) Reducing or removing nutrients and other pollutants in
11or from surface water and groundwater.
12(3) Reducing or eliminating nutrient loads from surface
13water or groundwater.
14(4) Achieving or furthering any of the objectives, goals,
15and targets described in the Iowa nutrient reduction strategy.
16 Sec. 7. Section 161A.13, Code 2023, is amended to read as
17follows:
18161A.13 Purpose of subdistricts.
19Subdistricts of a soil and water conservation district may
20be formed as provided in this chapter for the purposes of
21carrying out watershed protection and flood prevention programs
22 to carry out the same purposes of the district under section
23161A.7, within the territory of the subdistrict but shall not
24be formed solely for the purpose of establishing or taking over
25the operation of an existing drainage district.
26 Sec. 8. Section 161A.42, subsection 9, paragraph b, Code
272023, is amended to read as follows:
28b. “Temporary soil and water conservation practices”
29means the planting of annual or biennial crops,; the use of
30strip-cropping, cover cropping, or contour planting, or; the
31use of no-tillage, minimum or tillage, or mulch tillage, and;
32the use of an agriculture practice, silviculture practice,
33aquaculture practice, or permaculture practice; or the use
34of any other cultural practices practice approved by the
35committee.
-4-1 Sec. 9. Section 161A.53, Code 2023, is amended to read as
2follows:
3161A.53 Cooperation with other agencies.
4Soil and water conservation districts may enter into
5agreements with the federal government or an agency of the
6federal government, as provided by state law, or with the state
7of Iowa or an agency of the state, any other soil and water
8conservation district, or any other political subdivision of
9this state, for cooperation in preventing, controlling, or
10attempting to prevent or control soil erosion, improving or
11attempting to improve soil health, or performing a soil health
12assessment. Soil and water conservation districts may accept,
13as provided by state law, money disbursed for soil erosion
14control purposes by the federal government or an agency of the
15federal government, and expend the money for the purposes for
16which it was received.
17 Sec. 10. Section 161A.73, subsection 1, paragraph b, Code
182023, is amended to read as follows:
19b. The allocation of moneys as financial incentives
20provided for the purpose of establishing management practices
21to control soil erosion and promote soil health on land that
22is row cropped, including but not limited to cover crops,
23no-till planting, ridge-till planting, contouring, and contour
24strip-cropping. The division shall by rule establish limits on
25the amount of incentives which shall be authorized for payment
26to landowners upon establishment of the practice.
27 Sec. 11. Section 161C.1, Code 2023, is amended by adding the
28following new subsections:
29 NEW SUBSECTION. 01. “Authorized project” means a project
30that is carried out to support any of the following:
31a. Soil erosion control.
32b. Watershed protection or improvement.
33c. Water resource restoration.
34d. Flood prevention or control.
35e. Water quality protection practices.
-5- 1f. Water quality projects and operations, including as
2required to achieve or further any of the objectives, goals,
3and targets described in the Iowa nutrient reduction strategy.
4 NEW SUBSECTION. 4A. “Financing entity” means a public
5agency or private agency, as those terms are defined in
6section 28E.2, that provides funding to persons through loans,
7forgivable loans, grants, or other financial instruments, and
8which may include but is not limited to providing financing
9under chapter 28F, 331, or 384.
10 NEW SUBSECTION. 4B. “Iowa nutrient reduction strategy”
11means the same as defined in section 455B.171.
12 NEW SUBSECTION. 5A. “Point source” means the same as
13defined in section 455B.171.
14 Sec. 12. Section 161C.2, subsection 1, paragraph a, Code
152023, is amended to read as follows:
16a. Each A soil and water conservation district, alone and
17whenever practical in conjunction with other districts, or
18financing entities, shall carry out individual, district-wide,
19 and multiple-district projects to support water protection
20practices in the district or districts, including but not
21limited to authorized projects to protect this state’s
22groundwater and surface water from point sources and nonpoint
23sources of contamination, including but not limited to
24contamination by agricultural drainage wells, sinkholes,
25sedimentation, or chemical pollutants. The projects and
26operations include but are not limited to practices or other
27efforts to reduce or eliminate pollution caused by access
28to agricultural drainage wells or sinkholes, sedimentation,
29or chemical pollutants, as described in the Iowa nutrient
30reduction strategy.
31 Sec. 13. Section 161C.3, Code 2023, is amended to read as
32follows:
33161C.3 Cooperation with other agencies financing entities.
34Soil A soil and water conservation districts district may
35enter into agreements an agreement with the United States
-6-1 federal government, as provided by state law, or with the state
2of Iowa or any agency of the state, any other soil and water
3conservation district, or other political subdivision of this
4state, or a financing entity, for cooperation in preventing,
5controlling, or attempting to prevent or control contamination
6 the pollution of groundwater or surface water or groundwater
7 by point sources and nonpoint sources of pollution. Soil
8and water conservation districts may accept, as provided by
9state law, any money disbursed for water quality preservation
10purposes by the federal government or any agency of the federal
11government, and expend the money for the purposes for which it
12was received.
13 Sec. 14. Section 161E.1, Code 2023, is amended to read as
14follows:
15161E.1 Authority of board.
161. a. If a county, soil and water conservation district,
17a subdistrict of a soil and water conservation district,
18political subdivision of the state, or other local agency, or
19a financing entity engages or in, participates in a project
20for flood or erosion control, flood prevention, or carries out
21an authorized project, including but not limited to a water
22quality project or operation, or engages in, participates in,
23or carries out a project for the conservation, development,
24utilization, and disposal of water, in cooperation with the
25federal government, or a department or agency of the federal
26government, the counties in which the project is carried on out
27 may, act through the board of supervisors, construct, or under
28a chapter 28E or 28F agreement, to do any of the following:
29(1) Construct,operate, and maintain the project on lands
30under the control or jurisdiction of the county dedicated to
31county use, or furnish.
32(2) Furnishfinancial and other assistance in connection
33with the projects. Flood, soil erosion control, and watershed
34improvement
35b. Authorizedprojects, including but not limited to water
-7-1quality projects and operations, are presumed to be for the
2protection of the tax base of the county, for the protection of
3public roads and lands, and for the protection of the public
4health, sanitation, safety, and general welfare.
5 Sec. 15. NEW SECTION. 161E.1A Definitions.
6As used in this chapter, unless the context otherwise
7requires:
81. “Authorized project” means a project that is carried out
9to support any of the following:
10a. Soil erosion control project.
11b. Watershed protection or improvement project.
12c. Water resource restoration project.
13d. Flood prevention or control.
14e. Water quality protection practices.
15f. Water quality projects and operations, including those
16projects described in the Iowa nutrient reduction strategy.
172. “Financing entity” means the same as defined in section
18161C.1.
193. “Iowa nutrient reduction strategy” means the same as
20defined in section 455B.171.
21 Sec. 16. Section 161E.2, Code 2023, is amended to read as
22follows:
23161E.2 Federal aid assistance.
24A county may, in accordance with this chapter, accept
25federal funds for aid moneys to assist in a supporting an
26authorized project for flood or soil erosion control, flood
27prevention, or the conservation, development, utilization,
28and disposal of water, and. A county may cooperate with the
29federal government or a department or agency of the federal
30government, a soil and water conservation district, subdistrict
31of a soil and water conservation district, political
32subdivision of the state, or other local agency, and the. The
33 county may assume a proportion of the cost of the authorized
34 project as deemed appropriate, and may assume the maintenance
35cost of the project on lands under the control or jurisdiction
-8-1of the county which will not be discharged by federal aid
2 assistance or grant.
3 Sec. 17. Section 161E.3, Code 2023, is amended to read as
4follows:
5161E.3 Cooperation.
6The counties, soil and water conservation districts,
7and subdistricts of soil and water conservation districts
8concerned, shall advise and consult with each other, upon the
9request of any of them or any affected landowners, and may
10cooperate with each other or with other state subdivisions or
11instrumentalities, and affected landowners, as well as with the
12federal government or a department or agency of the federal
13government, or with a financing entity, to construct, operate,
14and maintain suitable authorized projects for flood or soil
15erosion control, flood prevention, including but not limited
16to water quality projects and operations, or the conservation,
17development, utilization, and disposal of water on public roads
18or other public lands or other land granted county use.
19 Sec. 18. Section 161E.5, Code 2023, is amended to read as
20follows:
21161E.5 Maintenance cost.
22If construction of projects has been completed by the soil
23and water conservation district, subdistricts a subdistrict of
24the soil and water conservation districts district, a political
25subdivisions subdivision of the state, or other local agencies
26 agency, or the federal government, or a department or agency
27of the federal government, on private lands under the easement
28granted to the county, only the cost of maintenance may be
29assumed by the county.
30 Sec. 19. Section 161F.2, Code 2023, is amended to read as
31follows:
32161F.2 Board of supervisors to establish districts — strip
33coal mining.
341. The board of supervisors of any a county shall have
35jurisdiction, power and authority at any regular, special or
-9-1adjourned session to establish, subject to the provisions
2of this chapter, districts having for their purpose soil
3conservation, and the control of flood waters, or the
4improvement of water quality, and to cause to be constructed
5as hereinafter provided, such improvements and facilities as
6shall be deemed essential for the accomplishment of the purpose
7of soil conservation, and flood control, or the improvement of
8water quality. Such
92. Theboard of supervisors of a county shall also have
10jurisdiction, power and authority at any regular, special or
11adjourned session to establish, in the same manner that the
12districts hereinabove referred to described in subsection
131 are established, districts having for their purpose soil
14conservation in mining areas within the county, and provide
15that anyone engaged in removing the surface soil over any
16bed or strata of coal in such district for the purpose of
17obtaining such coal shall replace the surface soil as nearly
18as practicable to its original position, and provide that,
19upon abandonment of such removal operation, all surface soil
20shall be so replaced. This section subsection shall apply only
21to surface soil so removed after July 4, 1949, and then only
22 if it is essential for the accomplishment of the purpose of
23soil conservation and flood control within the purview of this
24chapter.
25 Sec. 20. Section 161F.3, Code 2023, is amended to read as
26follows:
27161F.3 Combination of functions.
28Such districts shall have the power to combine in their
29functions activities affecting soil conservation, flood
30control, and drainage, water quality improvement, or any of
31these objects, singly or in combination with another.
32 Sec. 21. CODE EDITOR DIRECTIVE.
331. The Code editor is directed to make the following
34transfers:
35a. Section 161E.1A, as enacted in this Act, to section
-10-1161E.1.
2b. Section 161E.1, as amended in this Act, to section
3161E.1A.
42. The Code editor shall correct internal references in the
5Code and in any enacted legislation as necessary due to the
6enactment of this section.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill amends various provisions relating to the
11management of soil and water resources including Code
12chapter 161A, the “Soil Conservation Districts Law” (Code
13section 161A.1), which regulates soil erosion and authorizes
14the payment of cost-share incentives for soil and water
15conservation practices administered by the department of
16agriculture and land stewardship (department) and soil and
17water conservation districts (districts) throughout the
18state; Code chapter 161C, authorizing districts and other
19political subdivisions to work in conjunction in carrying out
20districtwide and multiple district water protection projects;
21Code chapter 161E, authorizing counties and districts,
22political subdivisions, and other local agencies to provide for
23flood control or soil erosion control; and Code chapter 161F,
24authorizing the board of supervisors of a county to establish
25soil conservation and flood control districts.
26The bill amends Code chapter 161A by providing for efforts
27that promote and improve soil health. The division of soil
28conservation and water quality is required to carry out
29projects relating to soil erosion control, watershed protection
30or improvement, water resource restoration, flood prevention
31or control, and water quality protection. The bill amends
32Code chapters 161C, 161E, and 161F to provide that along with
33traditional duties and powers exercised by districts and
34political subdivisions to prevent soil erosion and flooding,
35they may also carry out projects to maintain, protect, and
-11-1improve water quality. The bill amends Code chapters 161C and
2161E to allow financing entities to participate in funding
3authorized projects related to soil erosion control, watershed
4protection or improvement, water resource restoration, flood
5prevention or control, and water quality in furtherance of
6the objectives of the Iowa nutrient reduction strategy. A
7financing entity includes a public or private agency that
8extends funding through different financial instruments to
9support public works.
-12-da/ns