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ENGROSSED HOUSE
BILL NO. 1815 By: Grego, Newton and Deck of
the House
and
Murdock of the Senate
An Act relating to the Conservation Commission;
amending 27A O.S. 2021, Section 3-1-103, which
relates to definitions; alphabetizing statutory
definitions; amending 27A O.S. 2021, Section 3-2-106,
which relates to powers and duties of the Oklahoma
Conservation Commission; modifying powers and duties
of the Oklahoma Conservation Commission; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27A O.S. 2021, Section 3-1-103, is
amended to read as follows:
Section 3-1-103. As used in the Conservation District Act:
1. "District" or "conservation district" means a governmental
subdivision of this state, and a public body corporate and politic,
organized in accordance with the provisions of the Conservation
District Act, for the purposes, with the powers, and subject to the
restrictions hereinafter set forth "Agency of this state" includes
the government of this state and any subdivision, agency or
instrumentality, corporate or otherwise, of the government of this
state;
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2. "Director" means a member of the governing body of a
conservation district, elected or appointed in accordance with the
provisions of the Conservation District Act "Best management
practices" means a control method or combination of control methods
that is determined to be the most effective and practicable means of
preventing soil loss from erosion or reducing the amount of nonpoint
source pollution from a given land use;
3. "Commission" means the Oklahoma Conservation Commission
"Blue Thumb Program" means a nonpoint source educational program
emphasizing water quality education, including volunteer monitoring;
4. "State" means the State of Oklahoma "Commission" means the
Oklahoma Conservation Commission;
5. "Agency of this state" includes the government of this state
and any subdivision, agency or instrumentality, corporate or
otherwise, of the government of this state "Conservation" includes
conservation, development, improvement, maintenance, preservation,
protection and wise use of land, water and related natural
resources; the control and prevention of floodwater and sediment
damages; and the disposal of excess surface waters;
6. "United States" or "agencies of the United States" includes
the United States of America, and any department, agency or
instrumentality of the federal government "Cost-share program" means
the assumption by the state of a proportional share of the cost of
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installing conservation structures, conservation practices or best
management practices on lands for public and environmental benefits;
7. "Government" or "governmental" includes the government of
this state, the government of the United States, and any
subdivision, agency or instrumentality, corporate or otherwise, of
either of them "Director" means a member of the governing body of a
conservation district, elected or appointed in accordance with the
provisions of the Conservation District Act;
8. "Due notice" which shall be in conformance with the
Administrative Procedures Act means notice published at least twice,
with an interval of at least seven (7) days between the two
publication dates, in a newspaper or other publication of general
circulation within the district, or, if no such publication of
general circulation is available, by posting at five conspicuous
places within the district, such posting to include, where possible,
posting at public places where it may be customary to post notices
concerning county or municipal affairs generally. At any hearing
held pursuant to such notice, at the time and place designated in
such notice, adjournment may be made from time to time without the
necessity of renewing such notice for such adjourned dates
"District" or "conservation district" means a governmental
subdivision of this state, and a public body corporate and politic,
organized in accordance with the provisions of the Conservation
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District Act, for the purposes, with the powers, and subject to the
restrictions hereinafter set forth;
9. "District cooperator" means any person that has entered into
a cooperative agreement with a conservation district for the purpose
of protecting, conserving and practicing wise use of the renewable
natural resources under his or her control;
10. "Renewable natural resources", "natural resources" or
"resources" include land, soil, water, vegetation, trees, natural
beauty, scenery and open space "Due notice" which shall be in
conformance with the Administrative Procedures Act means notice
published at least twice, with an interval of at least seven (7)
days between the two publication dates, in a newspaper or other
publication of general circulation within the district, or, if no
such publication of general circulation is available, by posting at
five conspicuous places within the district, such posting to
include, where possible, posting at public places where it may be
customary to post notices concerning county or municipal affairs
generally. At any hearing held pursuant to such notice, at the time
and place designated in such notice, adjournment may be made from
time to time without the necessity of renewing such notice for such
adjourned dates;
11. "Conservation" includes conservation, development,
improvement, maintenance, preservation, protection and wise use of
land, water and related natural resources; the control and
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prevention of floodwater and sediment damages; and the disposal of
excess surface waters "Government" or "governmental" includes the
government of this state, the government of the United States, and
any subdivision, agency or instrumentality, corporate or otherwise,
of either of them;
12. "Cost-Share program" means the assumption by the state of a
proportional share of the cost of installing conservation
structures, conservation practices or best management practices on
lands for public and environmental benefits "Nonpoint source" shall
have the same meaning as such word is defined by the Oklahoma
Environmental Quality Act;
13. "Best management practices" means a control method or
combination of control methods that is determined to be the most
effective and practicable means of preventing soil loss from erosion
or reducing the amount of nonpoint source pollution from a given
land use "Nonpoint source working group" means an advisory group
established by the Conservation Commission to provide input into the
state's nonpoint source management and assessment program and is
open to federal, state and local environmental agencies and natural
resource agencies and other interested groups;
14. "Nonpoint source" shall have the same meaning as such word
is defined by the Oklahoma Environmental Quality Act "Pollution"
shall have the same meaning as such word is defined by the Oklahoma
Environmental Quality Act;
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15. "Pollution" shall have the same meaning as such word is
defined by the Oklahoma Environmental Quality Act "Renewable natural
resources", "natural resources" or "resources" include land, soil,
water, vegetation, trees, natural beauty, scenery and open space;
16. "Nonpoint source working group" means an advisory group
established by the Conservation Commission to provide input into the
state's nonpoint source management and assessment program and is
open to federal, state and local environmental agencies and natural
resource agencies and other interested groups "Soil science" means
the science which:
a. is the study of physical, chemical, and biological
processes taking place in both naturally occurring and
reconstructed unconsolidated material formed by the
alteration of parent rock due to exposure at the
earth's surface, and
b. includes sampling, measuring, identification,
characterization, classification, and mapping of soil
materials and migration of water solute, air and other
gaseous components in the unsaturated portion of the
earth;
17. "Watershed" means an area of land that drains to a given
point "Soil scientist" means a person who:
a. has earned a baccalaureate or higher degree in a field
of soil science from an institution of higher
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education which is accredited by a regional or
national accrediting agency, with a minimum of thirty
(30) semester hours or forty-five (45) quarter hours
of undergraduate work in a field of biological,
physical, or earth science with a minimum of fifteen
(15) semester hours of core soil science courses, and
b. has a specific and continuous record of related and
verifiable soil science work experience for two (2)
years. Publications in a soil science publication or
prior qualifications as an expert witness in
administrative or judicial proceeding, hearing or
trial shall be prima facie verification of experience
related to soil science;
18. "Blue Thumb Program" means a nonpoint source educational
program emphasizing water quality education, including volunteer
monitoring "State" means the State of Oklahoma;
19. "Soil science" means the science which:
a. is the study of physical, chemical, and biological
processes taking place in both naturally occurring and
reconstructed unconsolidated material formed by the
alteration of parent rock due to exposure at the
earth's surface, and
b. includes sampling, measuring, identification,
characterization, classification, and mapping of soil
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materials and migration of water solute, air and other
gaseous components in the unsaturated portion of the
earth "Watershed" means an area of land that drains to
a given point; and
20. "Soil scientist" means a person who:
a. has earned a baccalaureate or higher degree in a field
of soil science from an institution of higher
education which is accredited by a regional or
national accrediting agency, with a minimum of thirty
(30) semester hours or forty-five (45) quarter hours
of undergraduate work in a field of biological,
physical, or earth science with a minimum of fifteen
(15) semester hours of core soil science courses, and
b. has a specific and continuous record of related and
verifiable soil science work experience for two (2)
years. Publications in a soil science publication or
prior qualifications as an expert witness in
administrative or judicial proceeding, hearing or
trial shall be prima facie verification of experience
related to soil science "United States" or "agencies
of the United States" includes the United States of
America, and any department, agency or instrumentality
of the federal government.
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SECTION 2. AMENDATORY 27A O.S. 2021, Section 3-2-106, is
amended to read as follows:
Section 3-2-106. A. In addition to other powers and duties
specified by law and except as otherwise provided by law, the
Oklahoma Conservation Commission shall have the power and duty to:
1. Offer the assistance as may be appropriate to the directors
of conservation districts in the carrying out of any of their powers
and programs and to:
a. assist and guide districts in the preparation and
carrying out of programs for resource conservation
authorized under the Conservation District Act,
b. review district programs,
c. coordinate the programs of the several districts and
resolve any conflicts in such programs, and
d. facilitate, promote, assist, harmonize, coordinate and
guide the resource conservation programs and
activities of districts as they relate to other
special purpose districts, counties and other public
agencies;
2. Keep the directors of each of the several districts informed
of the activities and experience of all other districts, and to
facilitate an interchange of advice and experience between the
districts and cooperation between them;
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3. Enter into contracts and agreements and execute instruments
deemed necessary, beneficial, or convenient by the Commission for
the exercise of its legally conferred powers. This includes, but is
not limited to, creating shared positions, administering statewide
and locally emphasized programs, and exploring funding sources for
conservation programs, practices, and pilot projects;
4. Review agreements, or forms of agreements, proposed to be
entered into by districts with other districts or with any state,
federal, or interstate, or other public or private agency,
organization or individual, and advise the districts concerning the
agreements or forms of agreements;
4. 5. Secure the cooperation and assistance of the United
States and any of its agencies, and of agencies of this state, other
entities, or individuals in the work of the Commission or districts
and to accept donations, grants, gifts and contributions in money,
services or otherwise from the United States or any of its agencies
or from the state or any of its agencies in order , other entities,
or individuals to carry out the purposes of the Conservation
District Act;
5. 6. Disseminate information throughout the state concerning
the activities and programs of the conservation districts and to
make available information concerning the needs and the work of the
conservation districts and Commission to the Governor, the
Legislature, executive agencies of the government of this state,
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political subdivisions of this state, cooperating federal agencies
and the general public;
6. 7. Serve along with conservation districts as the official
state agencies for cooperating with the Natural Resources
Conservation Service of the United States Department of Agriculture
and carrying on conservation operations within the boundaries of
conservation districts;
7. 8. Cooperate with and give such assistance as it deems
necessary and proper to conservancy districts, watershed
associations and other special purpose districts in the State of
Oklahoma for the purpose of cooperating with the United States
through the Secretary of Agriculture in the furtherance of
conservation pursuant to the provisions of the Federal Watershed
Protection and Flood Prevention Act, as amended;
8. 9. Recommend the inclusion in annual and longer term budgets
and appropriation legislation of the State of Oklahoma of funds
necessary for appropriation by the Legislature to finance the
activities of the Commission and the conservation districts and to:
a. administer the provisions of the Conservation District
Act hereafter enacted by the Legislature appropriating
funds for expenditure in connection with the
activities of conservation districts,
b. distribute to conservation districts funds, equipment,
supplies and services received by the Commission for
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that purpose from any source, subject to such
conditions as shall be made applicable thereto in any
state or federal statute or local ordinance making
available such funds, property or services,
c. issue rules establishing guidelines and suitable
controls to govern the use by conservation districts
of funds, property and services, and
d. review all budgets, administrative procedures and
operations of such districts and advise the districts
concerning their conformance with applicable laws and
regulations;
9. 10. Enlist the cooperation and collaboration of state,
federal, regional, interstate, local, public and private agencies
with the conservation districts and to facilitate arrangements under
which the conservation districts may serve county governing bodies
and other agencies as their local operating agencies in the
administration of any activity concerned with the conservation of
renewable natural resources;
10. 11. Pursuant to procedures developed mutually by the
Commission and federal, state and local agencies that are authorized
to plan or administer activities significantly affecting the
conservation of renewable natural resources, receive from these
agencies for review and comment suitable descriptions of their
plans, programs and activities for purposes of coordination with
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district conservation programs and to arrange for and participate in
conferences necessary to avoid conflict among plans and programs, to
call attention to omissions and to avoid duplication of effort;
11. 12. Compile information and make studies, summaries, and
analyses of district programs in relation to each other and to other
resource conservation programs on a statewide basis;
12. 13. Except as otherwise assigned by law, carry out the
policies of this state in programs at the state level for the
conservation of the renewable natural resources of this state and
represent the state in matters affecting such resources;
13. 14. Assist conservation districts in obtaining legal
services from state and local legal officers;
14. 15. Require annual reports from conservation districts, the
form and content of which shall be developed by the Commission in
consultation with the district directors;
15. 16. Establish by rules, with the assistance and advice of
the State Auditor and Inspector, adequate and reasonably uniform
accounting and auditing procedures which shall be used by
conservation districts;
16. 17. Conduct workshops for district directors to instruct
them on the subjects of district finances, the Conservation District
Law and related laws, and their duties and responsibilities as
directors;
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17. 18. Assist and supervise districts in carrying out their
responsibilities in accordance with the Oklahoma laws;
18. 19. Have power, by administrative order, upon the written
request of the board of directors of the conservation district or
districts involved, with a showing that such request has been
approved by a majority vote of the members of each of the boards
involved, to:
a. transfer lands from one district established under the
provisions of the Conservation District Act to
another,
b. divide a single district into two or more districts,
each of which shall thereafter operate as a separate
district under the provisions of the Conservation
District Act, and
c. consolidate two or more districts established under
the provisions of the Conservation District Act, which
consolidated area shall operate thereafter as a single
district under the provisions of the Conservation
District Act;
19. 20. Except as otherwise provided by law, act as the
management agency having jurisdiction over and responsibility for
directing nonpoint source pollution prevention programs outside the
jurisdiction or control of cities or towns in Oklahoma. The
Commission, otherwise, shall be responsible for all identified
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nonpoint source categories except silviculture, urban storm water
runoff and industrial runoff;
20. 21. Establish and maintain an Equipment Revolving Fund for
the purpose of loaning conservation districts funds to purchase
equipment to be used for the installation of conservation practices.
The fund shall consist of all monies appropriated to, deposited in
or credited to the fund;
21. 22. Establish and maintain a Conservation District
Consolidation Fund for the purpose of providing financial assistance
to conservation districts who choose to consolidate as outlined in
subparagraph c of paragraph 18 of this subsection. The fund shall
consist of all monies appropriated to, deposited in or credited to
the fund;
22. 23. Administer cost-share programs for the purpose of
carrying out conservation or best management practices on the land
to benefit the public through the prevention or reduction of soil
erosion and nonpoint source pollution and through general resource
management. The Commission is not authorized to implement mandatory
compliance with management practices, except as otherwise provided
by law, to abate agricultural nonpoint source pollution;
23. 24. Plan watershed-based nonpoint source pollution control
activities, including the development and implementation of
conservation plans for the improvement and protection of the
resources of the state;
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24. 25. Provide assistance to the Oklahoma Water Resources
Board on lake projects through stream and river monitoring,
assessing watershed activities impacting lake water quality, and
assisting in the development of a watershed management plan;
25. 26. Maintain the activities of the state's nonpoint source
working group;
26. 27. Prepare, revise, and review Oklahoma's nonpoint source
management program and nonpoint source assessment report in
coordination with other state environmental agencies and compile a
comprehensive assessment for the state every five (5) years. The
management program and assessment report shall be distributed to the
Governor, Secretary of Energy and Environment, the President Pro
Tempore of the Senate, and the Speaker of the House of
Representatives;
27. 28. Under the direction of the Office of the Secretary of
the Energy and Environment, develop and implement the state's
nonpoint source water quality monitoring strategy in coordination
with other environmental agencies;
28. 29. Monitor, evaluate, and assess the waters of the state
to determine the condition of streams and rivers impacted by
nonpoint source pollution. In carrying out this area of
responsibility, the Conservation Commission shall serve as the
technical lead agency for nonpoint source pollution categories as
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defined in Section 319 of the Federal Clean Water Act or other
subsequent federal or state nonpoint source programs;
29. 30. Administer the Blue Thumb Program;
30. 31. Enter into agreements or contracts for services with
any of the substate sub-state planning districts recognized by the
Oklahoma Department of Commerce;
31. 32. Cooperate with the federal government, or any agency
thereof, to participate in and coordinate with federal programs that
will yield additional federal funds to the state for programs within
the jurisdiction of the Conservation Commission. This participation
shall be subject to the availability of state funds;
32. 33. Implement pilot projects and programs, subject to the
availability of funds, that will demonstrate the latest technologies
and applications in conservation programs that may provide direct or
residual benefits to conservation practices in the state; and
33. 34. Promulgate rules necessary, expedient, or appropriate
to carry out the purposes, objectives, or provisions or appropriate
to the performance of the Conservation District Act and the Oklahoma
Carbon Sequestration Enhancement Act and:
a. may establish and collect fees for services provided
pursuant to the Conservation District Act and the
Oklahoma Carbon Sequestration Enhancement Act,
including any services for the certification or
verification of sustainable agricultural production
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practices including but not limited to the Natural
Resources Conservation Service Soil Condition Index,
and
b. shall promulgate all rules establishing fees in
accordance with the Administrative Procedures Act,
which fees shall be fair and equitable to all parties
concerned.
B. Nothing in this act shall take away any of the present
duties or responsibilities delegated by law or constitution to other
environmental agencies.
SECTION 3. This act shall become effective November 1, 2025.
Passed the House of Representatives the 11th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of ______, 2025.
Presiding Officer of the Senate