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Oklahoma Legislature· HB 1543Filed with Secretary of State

An act relating to the Oklahoma Conservation Commission, the official text

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1                        STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1543                 By: Patzkowsky

4

5

6                               AS INTRODUCED

7   An Act relating to the Oklahoma Conservation

    Commission; amending 27A O.S. 2021, Section 3-2-106,

8   which relates to the powers and duties of the

    Commission; providing that the Commission may enter

9   into contracts and agreements and execute certain

    instruments in certain circumstances; updating

10  language to include tribes; removing the ability of

    the Commission to establish and maintain a

11  Conservation District Consolidation Fund; and

    providing an effective date.

12

13

14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      AMENDATORY  27A O.S. 2021, Section 3-2-106, is

16 amended to read as follows:

17  Section 3-2-106. A. In addition to other powers and duties

18 specified by law and except as otherwise provided by law, the

19 Oklahoma Conservation Commission shall have the power and duty to:

20  1. Offer the assistance as may be appropriate to the directors

21 of conservation districts in the carrying out of any of their powers

22 and programs and to:

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24

    Req. No. 10272                                                Page 1
1   a. assist and guide districts in the preparation and

2   carrying out of programs for resource conservation

3   authorized under the Conservation District Act,

4   b. review district programs,

5   c. coordinate the programs of the several districts and

6   resolve any conflicts in such programs, and

7   d. facilitate, promote, assist, harmonize, coordinate,

8   and guide the resource conservation programs and

9   activities of districts as they relate to other

10  special purpose districts, counties, and other public

11  agencies;

12  2. Keep the directors of each of the several districts informed

13 of the activities and experience of all other districts, and to

14 facilitate an interchange of advice and experience between the

15 districts and cooperation between them;

16  3. Enter into contracts and agreements and execute such

17 instruments in the judgment of the Commission as are necessary,

18 beneficial, or convenient toward the exercise of any of the

19 Commission's powers conferred upon it by law. This includes, but is

20 not limited to, creating shared positions, administering statewide

21 programs with districts, and exploring funding sources for

22 conservation programs, practices, and pilot projects;

23  4. Review agreements, or forms of agreements, proposed to be

24 entered into by districts with other districts or with any state,

    Req. No. 10272                                                 Page 2
1 federal, or tribal, interstate, or other public or private agency,

2 organization, or individual, and advise the districts concerning the

3 agreements or forms of agreements;

4   4. 5. Secure the cooperation and assistance of the United

5 States and any of its agencies, and of any tribe, agencies of this

6 state, other entities, or individuals in the work of the Commission

7 or districts and to accept;

8   6. Accept donations, grants, gifts and contributions in money,

9 services, or otherwise from the United States or any of its agencies

10 or from, tribes, the state or any of its agencies, other entities,

11 or individuals in order to carry out the purposes of the

12 Conservation District Act;

13  5. 7. Disseminate information throughout the state concerning

14 the activities and programs of the conservation districts and to

15 make available information concerning the needs and the work of the

16 conservation districts and Commission to the Governor, the

17 Legislature, executive agencies of the government of this state,

18 political subdivisions of this state, cooperating federal agencies,

19 and the general public;

20  6. 8. Serve along with conservation districts as the official

21 state agencies for cooperating with the Natural Resources

22 Conservation Service of the United States Department of Agriculture

23 and carrying on conservation operations within the boundaries of

24 conservation districts;

    Req. No. 10272                                             Page 3
1   7. 9. Cooperate with and give such assistance as it deems

2 necessary and proper to conservancy districts, watershed

3 associations, and other special purpose districts in the State of

4 Oklahoma for the purpose of cooperating with the United States

5 through the Secretary of Agriculture in the furtherance of

6 conservation pursuant to the provisions of the Federal Watershed

7 Protection and Flood Prevention Act, as amended;

8   8. 10. Recommend the inclusion in annual and longer term

9 longer-term budgets and appropriation legislation of the State of

10 Oklahoma of funds necessary for appropriation by the Legislature to

11 finance the activities of the Commission and the conservation

12 districts and to:

13  a. administer the provisions of the Conservation District

14  Act hereafter enacted by the Legislature appropriating

15  funds for expenditure in connection with the

16  activities of conservation districts,

17  b. distribute to conservation districts funds, equipment,

18  supplies, and services received by the Commission for

19  that purpose from any source, subject to such

20  conditions as shall be made applicable thereto in any

21  state or federal statute or local ordinance making

22  available such funds, property, or services,

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    Req. No. 10272                                                Page 4
1   c. issue rules establishing guidelines and suitable

2   controls to govern the use by conservation districts

3   of funds, property, and services, and

4   d. review all budgets, administrative procedures, and

5   operations of such districts and advise the districts

6   concerning their conformance with applicable laws and

7   regulations;

8   9. 11. Enlist the cooperation and collaboration of state,

9 federal, tribal, regional, interstate, local, public, and private

10 agencies with the conservation districts and to facilitate

11 arrangements under which the conservation districts may serve county

12 governing bodies and other agencies as their local operating

13 agencies in the administration of any activity concerned with the

14 conservation of renewable natural resources;

15  10. 12. Pursuant to procedures developed mutually by the

16 Commission and federal, tribal, state, and local agencies that are

17 authorized to plan or administer activities significantly affecting

18 the conservation of renewable natural resources, receive from these

19 agencies for review and comment suitable descriptions of their

20 plans, programs, and activities for purposes of coordination with

21 district conservation programs and to arrange for and participate in

22 conferences necessary to avoid conflict among plans and programs, to

23 call attention to omissions, and to avoid duplication of effort;

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    Req. No. 10272                                                 Page 5
1   11. 13. Compile information and make studies, summaries, and

2 analyses of district programs in relation to each other and to other

3 resource conservation programs on a statewide basis;

4   12. 14. Except as otherwise assigned by law, carry out the

5 policies of this state in programs at the state level for the

6 conservation of the renewable natural resources of this state and

7 represent the state in matters affecting such resources;

8   13. 15. Assist conservation districts in obtaining legal

9 services from state and local legal officers;

10  14. 16. Require annual reports from conservation districts, the

11 form and content of which shall be developed by the Commission in

12 consultation with the district directors;

13  15. 17. Establish by rules, with the assistance and advice of

14 the State Auditor and Inspector, adequate and reasonably uniform

15 accounting and auditing procedures which that shall be used by

16 conservation districts;

17  16. 18. Conduct workshops for district directors to instruct

18 them on the subjects of district finances, the Conservation District

19 Law and related laws, and their duties and responsibilities as

20 directors;

21  17. 19. Assist and supervise districts in carrying out their

22 responsibilities in accordance with the Oklahoma laws;

23  18. 20. Have power, by administrative order, upon the written

24 request of the board of directors of the conservation district or

    Req. No. 10272                                                 Page 6
1 districts involved, with a showing that such request has been

2 approved by a majority vote of the members of each of the boards

3 involved, to:

4   a. transfer lands and assign easements from one district

5                established under the provisions of the Conservation

6                District Act to another,

7   b. divide a single district into two or more districts,

8                each of which shall thereafter operate as a separate

9                district under the provisions of the Conservation

10               District Act, and

11  c. consolidate two or more districts established under

12               the provisions of the Conservation District Act, which

13               consolidated area shall operate thereafter as a single

14               district under the provisions of the Conservation

15               District Act;

16  19. 21. Except as otherwise provided by law, act as the

17 management agency having jurisdiction over and responsibility for

18 directing nonpoint source pollution prevention programs outside the

19 jurisdiction or control of cities or towns in Oklahoma. The

20 Commission, otherwise, shall be responsible for all identified

21 nonpoint source categories except silviculture, urban storm water

22 stormwater runoff and industrial runoff;

23  20. 22. Establish and maintain an Equipment Revolving Fund for

24 the purpose of loaning conservation districts funds to purchase

    Req. No. 10272                                                  Page 7
1 equipment to be used for the installation of conservation practices.

2 The fund shall consist of all monies appropriated to, deposited in

3 or credited to the fund;

4   21. Establish and maintain a Conservation District

5 Consolidation Fund for the purpose of providing financial assistance

6 to conservation districts who choose to consolidate as outlined in

7 subparagraph c of paragraph 18 of this subsection. The fund shall

8 consist of all monies appropriated to, deposited in or credited to

9 the fund;

10  22. 23. Administer cost-share programs for the purpose of

11 carrying to carry out conservation or best management practices on

12 the land to benefit the public through the prevention or reduction

13 of soil erosion and nonpoint source pollution and through general

14 resource management. The Commission is not authorized to implement

15 mandatory compliance with management practices, except as otherwise

16 provided by law, to abate agricultural nonpoint source pollution;

17  23. 24. Plan watershed-based nonpoint source pollution control

18 activities, including the development and implementation of

19 conservation plans for the improvement and protection of the

20 resources of the state;

21  24. Provide assistance to 25. Assist the Oklahoma Water

22 Resources Board on lake projects through stream and river

23 monitoring, assessing watershed activities impacting lake water

24

    Req. No. 10272                                                  Page 8
1 quality, and assisting in the development of a watershed management

2 plan;

3   25. 26. Maintain the activities of the state's nonpoint source

4 working group;

5   26. 27. Prepare, revise, and review Oklahoma's nonpoint source

6 management program and nonpoint source assessment report in

7 coordination with other state environmental agencies and compile a

8 comprehensive assessment for the state every five (5) years. The

9 management program and assessment report shall be distributed to the

10 Governor, Secretary of Energy and Environment, the President Pro

11 Tempore of the Oklahoma State Senate, and the Speaker of the

12 Oklahoma House of Representatives;

13  27. 28. Under the direction of the Office of the Secretary of

14 the Energy and Environment, develop and implement the state's

15 nonpoint source water quality monitoring strategy in coordination

16 with other environmental agencies;

17  28. 29. Monitor, evaluate, and assess the waters of the state

18 to determine the condition of streams and rivers impacted by

19 nonpoint source pollution. In carrying out this area of

20 responsibility, the Conservation Commission shall serve as the

21 technical lead agency for nonpoint source pollution categories as

22 defined in Section 319 of the Federal Clean Water Act or other

23 subsequent federal or state nonpoint source programs;

24  29. 30. Administer the Blue Thumb Program;

    Req. No. 10272                                                 Page 9
1   30. 31. Enter into agreements or contracts for services with

2 any of the substate planning districts recognized by the Oklahoma

3 Department of Commerce;

4   31. 32. Cooperate with the federal government, or any agency

5 thereof, to participate in and coordinate with federal programs that

6 will yield additional federal funds to the state for programs within

7 the jurisdiction of the Conservation Commission. This participation

8 shall be subject to the availability of state funds;

9   32. 33. Implement pilot projects and programs, subject to the

10 availability of funds, that will demonstrate the latest technologies

11 and applications in conservation programs that may provide direct or

12 residual benefits to conservation practices in the state; and

13  33. 34. Promulgate rules necessary, expedient, or appropriate

14 to carry out the purposes, objectives, or provisions or appropriate

15 to the performance of the Conservation District Act and the Oklahoma

16 Carbon Sequestration Enhancement Act and:

17  a. may establish and collect fees for services provided

18  pursuant to the Conservation District Act and the

19  Oklahoma Carbon Sequestration Enhancement Act,

20  including any services for the certification or

21  verification of sustainable agricultural production

22  practices, including but not limited to, the Natural

23  Resources Conservation Service Soil Condition Index,

24  and

    Req. No. 10272                                                Page 10
1   b. shall promulgate all rules establishing fees in

2   accordance with the Administrative Procedures Act,

3   which fees shall be fair and equitable to all parties

4   concerned.

5   B. Nothing in this act shall take away any of the present

6 duties or responsibilities delegated by law or constitution to other

7 environmental agencies.

8   SECTION 2. This act shall become effective November 1, 2025.

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10  60-1-10272      JL     01/06/25

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    Req. No. 10272                                             Page 11
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