2005 Idaho Code - 22-2735 — PAYMENTS BY THE STATE SOIL CONSERVATION COMMISSION -- RULES -- APPROVAL OF ATTORNEY GENERAL -- AUDIT OF PAYMENTS

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 27
                         SOIL CONSERVATION DISTRICTS
    22-2735.  PAYMENTS BY THE STATE SOIL CONSERVATION COMMISSION -- RULES --
APPROVAL OF ATTORNEY GENERAL -- AUDIT OF PAYMENTS. (1) The commission may make
payments not to exceed the estimated reasonable cost of an eligible
improvement, project, or plan.
    (2)  The commission may, in the name of the state of Idaho, enter into
contracts with approved applicants, and any such approved applicants may enter
into a contract with the commission concerning eligible improvements, projects
or plans. Any such contract may include such provisions as may be agreed upon
by the parties thereto, and shall include, in substance, the following
provisions:
    (a)  An estimate of the reasonable cost of the improvements, projects, or
    plans as determined by the commission;
    (b)  The terms under which the commission may unilaterally terminate the
    contract and/or seek repayment from the application of sums already paid
    pursuant to the contract for noncompliance by the applicant with the terms
    and conditions of the contract and the provisions of this chapter;
    (c)  An agreement by the applicant binding for the life of the eligible
    improvements, projects or plans:
         (i)   To develop water quality plans for landowners and provide
         payments to landowners for installation of best management practices;
         (ii)  To determine payment rates in conjunction with the commission
         for best management practices;
         (iii) To establish a method for administration and provisions for
         technical assistance to landowners in conjunction with the
         commission;
         (iv)  To allow the state to make payments up to the estimated
         reasonable cost for best management practices installation, technical
         assistance and project administration of an eligible project;
         (v)   To develop and to secure the approval of the commission of
         plans for operation of the eligible project;
         (vi)  To ensure that the local matching share of the cost is provided
         as applicable;
         (vii) To assure an adequate level of landowner participation and
         application of best management practices to ensure water quality
         goals are met.
    (3)  The commission may enter into contracts to provide technical
assistance to applicants that have entered agreements pursuant to this
chapter. Any such contract may include such provisions agreed upon by the
parties thereto, and shall include, in substance, the following provisions:
    (a)  An estimate of the reasonable cost of technical assistance;
    (b)  The terms under which the commission may unilaterally terminate the
    contract, and/or seek repayment of sums paid pursuant to the contract, for
    noncompliance by the applicants with the terms and conditions of the
    contract, the provisions of this chapter, or rules adopted pursuant
    thereto.
    (4)  The commission may enter into contracts and establish procedures to
be followed in applying for eligible improvements, projects and plans herein
authorized as shall be necessary for the effective administration of the water
quality program for agriculture.
    (5)  All contracts entered into pursuant to this section shall be subject
to approval by the attorney general as to form. All payments by the state
pursuant to such contracts shall be made after audit and upon warrant as
provided by law on vouchers approved by the (the) director of the department
of agriculture.
    (6)  All grant agreements and contracts previously entered into with the
state board of health and welfare, soil conservation districts and the
commission pursuant to section 39-3627, Idaho Code, for payments and
administration are now to be administered and payments implemented solely by
the commission.