Conservation districts-special expertise.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0007

ENROLLED ACT NO. 40, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to conservation districts; providing for conservation district supervisors to be deemed to have special expertise as specified; providing that conservation district supervisors may represent a conservation district in federal land planning decisions as a cooperating agency with special expertise; providing that supervisors for a conservation district which has adopted a comprehensive plan may participate in efforts to coordinate the plan with federal agencies as specified;
providing criteria for consideration by the supervisors of a conservation district when developing a comprehensive plan as specified;

and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S.
11
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16
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135 is created to read:

11
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16
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135.

Special expertise of supervisors of conservation districts.

When representing a conservation district as a cooperating agency in matters related to the National Environmental Policy Act and in federal land planning, implementation and management actions, supervisors of a conservation district shall be deemed to have special expertise on all subject matters for which they have statutory responsibility as provided in W.S. 11
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122, including but not limited to all subject matters directly or indirectly related to stabilization of the agriculture industry, protection of natural resources including but not limited to data and information, conservation of soil and water resources, control and prevention of soil erosion, flood prevention or the conservation, development, utilization and disposal of water within the district.

Section 2
.

W.S. 11
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16
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122(b)(viii), (xvi) and by creating a new paragraph (xxviii) is amended to read:

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122.

Powers and duties of districts and supervisors thereof generally.

(b)

A conservation district organized under this act and the supervisors thereof, in addition to other powers granted by this act, may:

(viii)

Cooperate,
or
including but not limited to representing the conservation district as a cooperating agency with special expertise as provided by the National Environmental Policy Act and in federal land planning implementation as provided in W.S. 11
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16
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135(a),
enter into agreements with and furnish financial or other aid to, any agency, governmental or otherwise, or any owner or occupier of lands within the district, in carrying on range management or erosion control and prevention operations and works of improvement for flood prevention or the conservation, development, utilization and disposal of water within the district, subject to such conditions as the supervisors deem necessary;

(xvi)

Develop
and implement
comprehensive
resource use and management
plans for range improvement and stabilization, conservation of soil
,

and

water
and vegetative

resources, control and prevention of soil erosion and for flood prevention or the conservation, development, utilization and disposal of water within the district, which plans shall include range management provisions and shall specify in detail the acts, procedures, performances and avoidances necessary or desirable to carry out the plans, including the specification of engineering operation, fence and stockwater developments, methods of cultivation, the
growing of grass and other vegetation, cropping and range programs, tillage and grazing practices, and changes in use of lands
. In developing plans under this paragraph, the supervisors of the district shall consider the customs and culture of residents of the district as those customs and culture relate to the land and resource, current and historical information and data related to the uses of the land and resource
;

(xxviii)

The supervisors of a conservation district which has officially adopted a comprehensive plan pursuant to W.S. 11
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122(b)(xvi) may coordinate with federal agencies as provided in the Federal Land Policy and Management Act of 1976, the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the national Forest Management Act of 1976 and any other federal statute which provides for coordination with local governments and federal regulations adopted pursuant to those acts.

Section 3
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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