2005 Idaho Code - 22-2718 — STATE SOIL CONSERVATION COMMISSION

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 27
                         SOIL CONSERVATION DISTRICTS
    22-2718.  STATE SOIL CONSERVATION COMMISSION. (1) There is hereby
established and created in the department of agriculture of the state of Idaho
the state soil conservation commission which shall in cooperation with the
director of the department of agriculture perform all functions conferred upon
it by this chapter. The soil conservation commission shall be a nonregulatory
agency. The commission shall consist of five (5) members appointed by the
governor, but no more than three (3) members shall be a member of the same
political party. The term of office of each commission member shall be five
(5) years; except that upon July 1, 1967, the governor shall appoint one (1)
member for a term of one (1) year, one (1) member for a term of two (2) years,
one (1) member for a term of three (3) years, one (1) member for a term of
four (4) years and one (1) member for a term of five (5) years. From and after
the initial appointment the governor shall appoint a member of the commission
to serve in office for a term of five (5) years commencing upon July 1 of that
year. A vacancy which occurs in an unexpired term shall be filled for its
remainder by the governor's appointment. Any commissioner may be removed
during his term of office by the governor. Any commissioner so removed shall
have notice of the same in writing, specifying the reasons for the removal.
Each vacancy on the commission shall be filled by appointment by the governor.
Such appointments shall be confirmed by the senate. The commission may invite
the state conservationist of the United States department of agriculture
natural resources conservation service, the president of the Idaho association
of soil conservation districts and the dean of the college of agriculture of
the university of Idaho or his designated representative to serve as nonvoting
advisory members of the commission. The commission shall keep a record of its
official actions, shall adopt a seal, which seal shall be judicially noticed,
and may perform such acts, hold such public hearings, and promulgate such
rules as may be necessary for the execution of its functions under this
chapter.
    (2)  The director of the department of agriculture shall appoint the
administrator of the soil conservation commission from persons recommended by
the soil conservation commission. The state soil conservation commission may
employ such technical experts and such other agents and employees, permanent
and temporary, as it may require, and shall determine their qualifications,
duties and compensation. The commission may call upon the attorney general of
the state for such legal services as it may require. It shall have authority
to delegate to its chairman, to one (1) or more of its members, or to one (1)
or more agents or employees, such powers and duties as it may deem proper. It
shall be supplied with suitable office accommodations, and shall be furnished
with the necessary supplies and equipment. Upon request of the commission, for
the purpose of carrying out any of its functions, the supervising officer of
any state agency, or of any state institution of learning shall insofar as may
be possible under available appropriation, and having due regard to the needs
of the agency to which the request is directed, assign or detail to the
commission members of the staff or personnel of such agency or institution of
learning, and make such special reports, surveys, or studies as the commission
may request.
    (3)  The commission shall designate its chairman, and may from time to
time, change such designation. A majority of the commission shall constitute a
quorum, and the concurrency of a majority in any matter within their duties
shall be required for its determination. The chairman and members of the
commission shall be compensated as provided by section 59-509(h), Idaho Code.
The commission shall provide for the execution of surety bonds for all
employees and officers who shall be entrusted with funds or property; shall
provide for the keeping of a full and accurate record of all proceedings and
of all resolutions, and orders issued or adopted; and shall provide for an
annual audit of the accounts of receipts and disbursements.
    (4)  In addition to the duties and powers hereinafter conferred upon the
state soil conservation commission, it shall have the following
responsibilities:
    (a)  To offer such assistance as may be appropriate to the supervisors of
    soil conservation districts, organized as provided hereinafter, in the
    carrying out of any of their powers and programs.
    (b)  To keep the supervisors of each of the several districts organized
    under the provisions of this chapter informed of the activities and
    experience of all other districts organized hereunder, and to facilitate
    an interchange of advice and experience between such districts and
    cooperation between them.
    (c)  To coordinate the progress of the several soil conservation districts
    organized hereunder so far as this may be done by advice and consultation.
    (d)  To secure the cooperation and assistance of the United States and any
    of its agencies, and of agencies of this state, in the work of such
    districts.
    (e)  To disseminate information throughout the state concerning the
    activities and programs of the soil conservation districts in areas where
    their organization is desirable.
    (f)  To provide for the establishment and encouragement of the "Idaho
    OnePlan" as a primary computer-based conservation planning process for all
    natural resource concerns. Establishment and encouragement will be
    accomplished through an executive group and steering committee both
    containing private, state and federal representation. The information
    provided by those using the "Idaho OnePlan" shall be deemed to be trade
    secrets, production records or other proprietary information and shall be
    kept confidential and shall be exempt from disclosure pursuant to section
    9-340D, Idaho Code.
    (5)  In addition to other powers, functions and duties of soil
conservation districts and the state soil conservation commission provided in
this chapter, the commission shall have the following additional powers,
functions and duties:
    (a)  The commission shall conduct, in cooperation with appropriate federal
    and state agencies and the owners and operators of privately owned forest
    lands, rangelands and agricultural lands in this state, conservation
    improvements on or in respect to these lands for the purposes of
    implementing conservation systems to conserve and improve natural resource
    conditions;
    (b)  The commission shall assist and advise soil conservation districts
    and other entities in implementing the conservation improvements,
    projects, and the water quality program for agriculture. To the extent
    that there are available general funds, the commission shall provide for
    grants and cost-share opportunities and, as legislatively designated,
    utilize the resource conservation and rangeland development fund for loans
    for conservation improvements. Provided however, that the commission shall
    determine whether general or resource conservation and rangeland
    development funds are available before approving any conservation
    improvements, projects, and cost-share opportunities and, after having
    made such determination, shall enter into the necessary contracts for
    implementation;
    (c)  The state soil conservation commission shall be the agency
    responsible for the administration of funds accruing to the resource
    conservation and rangeland development fund and for all general funds
    appropriated as a separate and distinct action of the legislature to
    implement the powers, functions and duties of soil conservation districts
    and the commission; and
    (d)  The commission shall promulgate such rules as are necessary to carry
    out the purposes of this chapter.