Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.41 - Appropriations

Current through Register Vol. 47, No. 3, July 24, 2024
The department of agriculture and land stewardship, division
				  of soil conservation and water quality, has received appropriations for
				  conservation cost sharing since 1973 and appropriations to fund certain
				  incentive programs for soil erosion control since 1979. Funds are appropriated
				  each year by the general assembly.
The division has four years to encumber or obligate these
				  funds before they revert to the state's general fund. This rule addresses the
				  distribution of these appropriations among the incentive programs for soil
				  erosion control established by the division in accordance with the authorities
				  extended in Iowa Code chapter 161 A. The rule is also consistent with the
				  restrictions imposed by language of the appropriations bills.
(1) Voluntary program. Ninety percent of the
				appropriation is to be used for cost sharing to provide state funding of not
				more than 50 percent of the approved cost of permanent soil and water
				conservation practices or for incentive payments to encourage management
				practices to control soil erosion on land that is now row-cropped.
The first $15,000 allocated to each district and up to 30
				  percent of the amount remaining in a district's original and supplemental
				  allocation may be used for the establishment of practices listed in subrules
				  10.82(1) and 10.82(2).
The commissioners of a district may allocate voluntary
				  program funds for the restoration of permanent soil and water conservation
				  practices which are damaged or destroyed because of a disaster emergency. Funds
				  may be used for construction, reconstruction, installation, or repair of
				  projects. The commissioners must determine that funds are necessary to restore
				  permanent practices to prevent erosion in excess of applicable soil loss limits
				  caused by the disaster emergency. Funds cannot be used unless a state of
				  disaster emergency pursuant to a proclamation as provided in Iowa Code section
				  29C.6
				  has been declared. Funds can be used only if federal or state disaster
				  emergency funds are not adequate. Funds do not have to be allocated on a
				  cost-share basis. Districts are required to report to the division regarding
				  restoration projects and funds allocated for projects.
(2) Publicly owned lakes. For the approved
				cost of permanent soil conservation practices on watersheds above publicly
				owned lakes, a minimum of 5 percent of the amount appropriated is to be set
				aside for cost sharing at a rate not to exceed 75 percent.
(3) Mandatory program. A maximum of 5 percent
				of the appropriation shall be set aside for cost sharing with landowners or
				farm operators who are required to install soil erosion control practices as a
				result of an administrative order from the district to abate complaints filed
				under Iowa Code section
				161A.47.
(4) Special watershed projects. Iowa Code
				section
				161A.7
				permits cost sharing up to 60 percent of the cost of a project including five
				or more contiguous farm units which have at least 500 or more acres of farmland
				and which constitute at least 75 percent of the agricultural land lying within
				a watershed or subwatershed, where the owners jointly agree to a watershed
				conservation plan in conjunction with their respective farm unit soil
				conservation plan.
(5) Summer
				construction incentives. Funds are available for the planting of a conservation
				cover crop in place of cropland during the growing season to extend the
				construction season for the purpose of the installation of conservation
				practices. This practice shall be applied using the conservation crop rotation
				standard. Summer construction incentives are only available in conjunction with
				state-funded conservation practices.
This rule is intended to implement Iowa Code chapter 161
				  A.