that Engrossed House Bill 1138 be amended to read as follows:
Page 4, between lines 39 and 40, begin a new paragraph and insert:
"SECTION 5. IC 14-32-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. The following are declared as a matter of legislative determination:
(1) That the land and water resources of Indiana are among the basic assets of Indiana and that the proper management of these resources is necessary to protect and promote the health, safety, and general welfare of the people of Indiana.
(2) That improper land use practices and failure to control and use rainfall and runoff water cause and contribute to deterioration and waste of these resources of Indiana.
(3) That the breaking of natural grass, plant, and forest cover has interfered with the natural factors of soil stabilization, causing loosening of soil and exhaustion of humus and developing a soil condition that favors excessive runoff and erosion, with the following results:
(A) The topsoil is being blown and washed out of the fields and pastures.
(B) There has been an accelerated washing of sloping fields.
(C) These processes of erosion by wind and water speed up with removal of the topsoil, exposing the less absorptive, less protective, less productive, and more erosive subsoil.
(4) That valuable water resources are being lost causing damages in watersheds.
(5) That failure by a land occupier to properly manage the soil and water causes a washing and blowing of these resources onto other land and makes the conservation of these resources on the other land more difficult.
(6) That the consequences of soil erosion and failure to control and use rainfall and runoff water are the following:
(A) The silting and sedimentation of stream channels,
reservoirs, dams, ditches, and harbors.
(B) The loss of fertile soil material.
(C) The piling up of soil on lower slopes and the deposit over alluvial plains.
(D) The reduction in productivity or outright ruin of bottom land by flooding and overwash of poor subsoil material, sand, and gravel swept out of the hills.
(E) The deterioration of soil and the soil's fertility, deterioration of crops grown, and reduction in crop yields.
(F) The loss of soil and water that causes destruction of food and cover for wildlife.
(G) A blowing and washing of soil into streams and lakes that silts over spawning beds and destroys water plants, diminishing the food supply of fish.
(H) A diminishing of the underground water reserve and loss of surplus rainfall runoff causing water shortages, intensifying periods of drought, and causing crop failures.
(I) An increase in the speed and volume of rainfall runoff, causing severe and increasing floods.
(J) Economic hardship for those attempting to farm land that is eroded or subject to frequent flooding.
(K) Damage to roads, highways, railways, farm buildings, and other property from floods and from dust storms.
(L) Losses in navigation, hydroelectric power, municipal water supply, recreational water development, irrigation developments, farming, and grazing.
(7) That to conserve soil and water resources, control and prevent soil erosion, protect water quality, reduce flood damage, and further the conservation development, use, and disposal of water, it is necessary that:
(A) land use practices contributing to soil and water wastage, water quality impairment, and soil erosion be discouraged and discontinued; and
(B) appropriate soil and water conserving land use practices and works of improvement for flood prevention or the conservation development, use, and disposal of water be adopted and carried out.
(8) That among the procedures necessary for widespread adoption are the following:
(A) Carrying on of engineering operations such as the construction of flood preventing reservoirs and channels, terraces, terrace outlets, check dams, dikes, ponds, ditches, and similar operations.
(B) The use of soil protecting agronomic practices, such as strip cropping, contour cropping, and conservation tillage.
(C) Land irrigation.
(D) Seeding and planting of sloping, abandoned, or eroded land to water-conserving and erosion-preventing plants, trees, and grasses.
(E) Forestation and reforestation.
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) A majority of the
six (6) seven (7) appointed members of the board must have experience
as district supervisors.
(b) In making appointments to the board, the governor may invite and consider the recommendations of the following:
(1) The Purdue University cooperative extension service.
(2) The department of agriculture.
(3) The Indiana Association of Soil and Water Conservation Districts.
(c) All appointments to the board shall be made without regard to political affiliation.
(d) The members appointed to the board under section 2(1) and 2(2) of this chapter must be residents of at least four (4) different geographic regions of Indiana.
SOURCE: IC 14-32-2-4; (06)SB0314.1.6. --> SECTION 10. IC 14-32-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4.
(a) The term of an
appointed member of the board is four (4) years. An appointed member
shall serve until a successor is appointed and has qualified. The terms
shall be staggered so that at least three (3) members are appointed
every two (2) years.
(b) The terms of the three (3) ex officio members of the board are
coterminous with the governor's term of office.
SOURCE: IC 14-32-2-7; (06)SB0314.1.7. --> SECTION 11. IC 14-32-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7. (a) The governor may appoint advisory members from other organizations that promote conservation, including local, state, and federal agencies upon the recommendation of the board.
(b) The governor shall appoint members to the advisory board that represent the following:
(1) The department of agriculture.
(2) The department of natural resources.
(3) The department of environmental management.
(4) The Purdue University cooperative extension service.
(5) The Indiana Association of Soil and Water Conservation Districts.
(6) The Farm Service Agency of the United States Department of Agriculture.
(7) The Natural Resources Conservation Service of the United States Department of Agriculture.
SOURCE: IC 14-32-2-12; (06)SB0314.1.8. --> SECTION 12. IC 14-32-2-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. The board shall do the following:
(1) Provide for the execution of surety bonds for all board employees and officers who are entrusted with money or property.
(2) Provide for the keeping of a full and accurate record of all board proceedings and of all resolutions and rules the board issues or adopts. The accounts of receipts and disbursements are
subject to examination by the state board of accounts.
(3) Offer appropriate assistance to the supervisors of soil and water conservation districts to carry out district powers and programs.
(4) Keep the supervisors of districts informed of the activities and experience of all other districts and facilitate cooperation and an interchange of advice and experience among districts.
(5) Coordinate the programs of the districts as far as this may be done by advice and consultation.
(6) Secure the cooperation and assistance of the United States and state agencies in the work of the districts. However, this subdivision does not authorize either of the following:
(A) The transfer or control of authority over districts to a federal agency.
(B) The transfer of title of land or control to the United States.
(7) Disseminate information throughout Indiana concerning the activities and programs of the districts and encourage the formation of districts in areas where organization is desirable.
(8) Coordinate the erosion and sediment part of 33 U.S.C. 1288 (Public Law 92-500, Section 208) and other erosion and sediment reduction programs that affect water quality, in cooperation with state and federal agencies and through districts as provided under IC 14-32-5-1.
(9) Develop a statewide regulatory program to be initiated after all reasonable voluntary approaches to erosion and sediment reduction have been exhausted.
(10) Conduct an inventory of conservation needs for planning purposes and to inform the general assembly.
(11) Hold meetings in locations throughout Indiana.
(10) (12) Adopt rules under IC 4-22-2 to implement this article.
SOURCE: IC 14-32-4-1; (06)SB0314.1.9. --> SECTION 13. IC 14-32-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) The governing body of a district consists of five (5) supervisors as follows:
(1) Two (2) who are appointed.
(2) Three (3) who are elected.
(b) To hold the position of elected supervisor, an individual:
(1) must be an occupier of a tract of land that is:
(A) more than ten (10) acres in area; and
(B) located within the district;
(2) must maintain the individual's permanent residence within the district; and
(3) must be qualified by training and experience to perform the duties that this article imposes on supervisors.
However, the ten (10) acre requirement may be waived if a district requests a waiver and the waiver is approved by the board.
(c) To hold the position of appointed supervisor, an individual:
(1) must be of voting age;
district to the board not later than March 31.
SOURCE: IC 14-32-5-1; (06)SB0314.1.13. --> SECTION 17. IC 14-32-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) A district constitutes a governmental subdivision of the state and a public body corporate and politic exercising public powers.
(b) A district may do the following:
(1) Carry out soil erosion and water runoff preventive and control measures within the district, including engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, and the measures listed in IC 14-32-1-1(7) and IC 14-32-1-1(8), on the following:
(A) Land owned or controlled by the state with the consent and cooperation of the agency administering and having jurisdiction of the land.
(B) Any other land within the district upon obtaining the consent of the occupier of the land or the necessary rights or interests in the land.
(2) Construct, improve, operate, and maintain the structures that are necessary or convenient for the performance of any of the operations authorized in this article.
(3) Cooperate or enter into agreements with, and within the limits of appropriations made available to the district by law to furnish financial or other aid to, a federal, state, or other agency or an occupier of land within the district in the carrying on of conservation operations within the district, subject to the conditions that the supervisors consider necessary to advance the purpose of this article.
(4) Obtain options upon and acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, real or personal property or rights or interests in property.
(5) Maintain, administer, and improve property acquired, receive income from the property, and expend the income in carrying out this article.
(6) Sell, lease, or otherwise dispose of property or interests in property in furtherance of this article.
(7) Make available to land occupiers within the district, on terms that the district prescribes:
(A) agricultural and engineering machinery and equipment;
(E) other material or equipment; and
(F) services from the district;
that will assist in conserving the soil and water resources of the land occupiers.
(8) Develop or participate in the development of comprehensive plans for the proper management of soil and water resources within the district that specify the acts, procedures, performances,
and avoidances necessary or desirable for the effectuation of the
(9) Publish plans and information developed under subdivision (8) and bring the plans and information to the attention of land occupiers within the district.
(10) Take over, with the consent of the United States or the state, by purchase, lease, or otherwise, and administer any soil and water conservation, erosion control, water quality protection, or flood prevention project of the entity located within the district's boundaries.
(11) Manage, as agent of the United States or the state, any soil and water conservation, erosion control, water quality protection, flood prevention, or outdoor recreation project within the district's boundaries.
(12) Act as agent for the United States or the state in connection with the acquisition, construction, operation, or administration of any soil and water conservation, erosion control, water quality protection, flood prevention, or outdoor recreation project within the district's boundaries.
(13) Accept donations, gifts, and contributions in money, services, materials, or otherwise from the United States and use or expend the services, materials, or other contributions in carrying on the district's operations.
(14) Sue and be sued in the name of the district.
(15) Have perpetual succession unless terminated as provided in this article.
(16) Make and execute contracts and other instruments necessary or convenient to the exercise of the district's powers.
(17) Adopt rules and regulations consistent with this article to carry into effect the purposes and powers of this article.
(18) Require an occupier of land not owned or controlled by the state, as a condition to extending benefits under this article to or the performance of work upon the land, to do either or both of the following:
(A) Make contributions in money, services, materials, or otherwise to an operation conferring benefits.
(B) Enter into agreements or covenants concerning the use and treatment of the land that will tend to:
(i) prevent or control soil erosion;
(ii) achieve water conservation and water quality protection; and
(iii) reduce flooding;
on the land.
(19) Cooperate with the state in the following:
(A) Conducting surveys, investigations, and research relating to the character of soil erosion and water losses and the preventive and control measures needed.
(B) Publishing the results of the surveys, investigations, or
(C) Disseminating information concerning the preventive and control measures.
(D) The management of watersheds.
(20) Cooperate with the state in conducting, within the district, soil and water conservation, erosion control, water quality protection, and flood prevention demonstration projects:
(A) on land owned or controlled by the state with the agency administering and having jurisdiction of the land; and
(B) on any other land upon obtaining the consent of the occupier of the land or the necessary rights or interests in the land.
(21) Serve as the management agency for:
(A) the erosion and sediment part of 33 U.S.C. 1288 (P.L. 92-500, section 208); and
(B) other erosion and sediment reduction programs that affect water quality in each county.
SOURCE: IC 14-32-7-6; (06)SB0314.1.14. --> SECTION 18. IC 14-32-7-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) The division of soil conservation:
(1) shall administer and coordinate the duties and responsibilities of the department of agriculture under the land resource programs authorized by this chapter; and
(2) in carrying out its duties under subdivision (1), may work in cooperation with the following:
(A) Federal and state agencies.
(B) Local governmental agencies involved in land use planning and zoning.
(C) Any person, firm, institution, or agency, public or private, having an interest in land conservation.
(b) The department of agriculture may employ the personnel and provide facilities and services that are necessary to carry out the
department's department of agriculture's duties and responsibilities
under this chapter.
(c) The department of agriculture shall prepare an annual report of the division of soil conservation's expenditures and accomplishments and that contains a proposed business plan.
SOURCE: IC 14-32-7-8.5; (06)SB0314.1.15. --> SECTION 19. IC 14-32-7-8.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8.5. (a) As used in this section, "soil survey" means a systematic scientific identification, inventory, and mapping of the soils of a given area that sets forth the capabilities, potential, and limitations of the soils in the satisfaction of human needs.
(b) The department of agriculture shall use the money appropriated by the general assembly to implement and supplement a program of modern soil surveys and geographic information systems (GIS) for Indiana that will, within the shortest practicable time, provide a modern soil survey and geographic information system for each
county as an essential tool in land conservation.
SOURCE: IC 14-32-7-12; (06)SB0314.1.16. --> SECTION 20. IC 14-32-7-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. (a) As used in this section, "river" includes streams and the tributaries of rivers.
(b) The division of soil conservation shall do the following:
(1) Perform all administrative duties required by the rules of the board.
(2) Provide professional assistance to districts in planning, coordinating, and training for the following:
(A) Adult soil and water conservation education.
(B) Natural resources conservation information programs for elementary and secondary schools.
(C) Supervisors and staff.
(3) Provide professional soil conservation technical assistance to districts.
(4) Provide nonagricultural soils interpretive and erosion control expertise on a regional basis.
(5) Assist the districts and other federal, state, and local entities in encouraging and monitoring compliance with those aspects of the programs that are related to erosion and sediment reduction.
(6) Administer a cost share program for installation of erosion control structural measures on severely eroding cropland and for conversion of highly erodible land from crop production to permanent vegetative cover.
(7) Administer a lake and river enhancement program to do the following:
(A) Control sediment and associated nutrient inflow into lakes and rivers.
(B) Accomplish actions that will forestall or reverse the impact of that inflow and enhance the continued use of Indiana's lakes and rivers.
(8) Provide professional assistance to districts in conservation needs assessments, program development, and program evaluation.
SOURCE: IC 14-32-8-5; (06)SB0314.1.17. --> SECTION 21. IC 14-32-8-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. The purpose of the program is to provide financial assistance to:
(1) soil and water conservation districts;
(1) (2) land occupiers; and
(2) (3) conservation groups;
to implement conservation practices to reduce nonpoint sources of water pollution through education, technical assistance, training, and cost sharing programs.
SOURCE: IC 14-32-8-7; (06)SB0314.1.18. --> SECTION 22. IC 14-32-8-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7. Money in the fund may be spent in the following ways:
(1) To increase district technical assistance in local conservation efforts.
during the one (1) year period beginning January 1 of the previous year.
The information prepared under this subsection must be part of
the report prepared under IC 14-32-4-22. The division of soil
conservation shall make distributions under this section not later than
July 15 of each year.
(d) Before making distributions under this section, the division of soil conservation shall determine the total amount of money that has been certified by all districts as having been provided by political subdivisions. If the cumulative amount to be distributed to all districts exceeds the amount appropriated to the fund, the division of soil conservation shall reduce the distribution to each district proportionately.
(e) A district must spend money received under this section for the purposes of the district. ".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1138 as printed February 24, 2006.)