§ 3:1204 — State Soil and Water Conservation Commission

Louisiana § 3:1204

• Jurisdiction: Louisiana
• Title 3: Agriculture and Forestry

Text

§1204. State Soil and Water Conservation Commission
A.(1)(a) There is hereby established, to serve as an agency of the state and to perform
the functions conferred upon it in this Part, a state soil and water conservation commission.
The commission shall consist of nine members. The Louisiana State University Vice
President of Agriculture and Dean of the College of Agriculture or his successor, the
chancellor of the Southern University Agricultural Center, the commissioner of agriculture
and forestry of Louisiana, and the president of the Louisiana Association of Conservation
Districts shall automatically be members of this commission. Each shall designate a person
to represent him at meetings at which he cannot be present, and the person so designated by
each shall serve, in the absence of the officer who selects him, with the same power and
authority as that officer, including the right to vote. In the case of the Louisiana Association
of Conservation Districts president, his alternate shall be the vice president of the
association. The other five members shall be elected, one from each of the following areas
of the state:
(i) State Area No. 1, comprising those soil and water conservation districts which
include either all or the predominant areal portion of the parishes of Caddo, Bossier,
Webster, Claiborne, Union, Lincoln, Bienville, Red River, DeSoto, and Sabine.
(ii) State Area No. 2, comprising those soil and water conservation districts which
include either all or the predominant areal portion of the parishes of Ouachita, Morehouse,
West Carroll, East Carroll, Richland, Madison, Franklin, Tensas, and Concordia.
(iii) State Area No. 3, comprising those soil and water conservation districts which
include either all or the predominant areal portion of the parishes of Jackson, Caldwell,
Catahoula, Avoyelles, LaSalle, Winn, Grant, Rapides, Allen, Beauregard, Vernon, and
Natchitoches.
(iv) State Area No. 4, comprising those soil and water conservation districts which
include either all or the predominant areal portion of the parishes of St. Landry, Evangeline,
Acadia, Jefferson Davis, Calcasieu, Cameron, Vermilion, Lafayette, St. Martin, Iberia, St.
Mary, Terrebonne, and Lafourche.
(v) State Area No. 5, comprising those soil and water conservation districts which
include either all or the predominant areal portion of the parishes of Pointe Coupee, West
Feliciana, East Feliciana, St. Helena, Tangipahoa, Washington, St. Tammany, Livingston,
East Baton Rouge, West Baton Rouge, Iberville, Assumption, Ascension, St. James, St. John
the Baptist, St. Charles, Jefferson, Orleans, St. Bernard, and Plaquemines.
(b) At the same time, in the same manner, and for the same term as hereinafter
provided for the election of the five members, there shall be elected one alternate for each
such member, who shall be elected from the same area and shall possess the same
qualifications as the member for whom he is elected as an alternate. Whenever for any
reason the member elected from any area is unable to be present at any meeting of the
commission, the alternate elected from his area shall serve in his place, and in such case, the
alternate shall exercise all of the powers vested by law in the member, including the right to
vote. For each day of such service the alternate shall be paid the same per diem and expenses
as a member. A vacancy in the position of alternate shall be filled as provided by law for
members.
(2)(a) The chairman of the State Soil and Water Conservation Commission shall
notify the soil and water conservation district supervisors of the time and the place that an
election is to be held as provided in this Section.
(b) A state convention shall be held upon the call of the chairman of the commission.
The chairman shall provide notice of the state convention to the soil and water conservation
district supervisors. A meeting of each board of soil and water conservation district
supervisors shall be held within thirty days after receiving notice of the state convention.
The majority of the members of the board of district supervisors shall constitute a quorum
and at such meeting, the board of district supervisors shall elect one of its members as a
delegate to attend a state convention, at the time and place specified in the notice given by
the chairman of the State Soil and Water Conservation Commission. Each such elected
delegate shall have one vote at the state convention. Each state area at the state convention
shall elect one of its members as a member of the State Soil and Water Conservation
Commission to represent that area. Each member elected as a member of the State Soil and
Water Conservation Commission shall be a landowner or operator actively engaged in
farming or animal husbandry within the district and area he represents and shall be a
qualified voter in that district. He shall be elected as a member of the State Soil and Water
Conservation Commission by a majority of the votes cast at the state convention. The
chairman of the convention shall within ten days certify to the old State Soil and Water
Conservation Commission and to the secretary of state the name and address of the person
so elected as a member of the new State Soil and Water Conservation Commission. Each
member of the commission shall take the state constitutional oath of office and qualify within
thirty days after this election. Within thirty days after the election and qualification of the
five members, the commissioner of agriculture and forestry of the state of Louisiana shall call
a meeting of the entire commission, at which time one of the members provided for in this
Subparagraph shall be elected chairman of the State Soil and Water Conservation
Commission, another member shall be elected vice chairman, and a third member
secretary-treasurer. The terms of the five members of the State Soil and Water Conservation
Commission elected under this Section shall be as follows:
(i) The members from State Area Nos. 1 and 2 shall serve for one year.
(ii) The members from State Area Nos. 3 and 4 shall serve for two years.
(iii) The members from State Area No. 5 shall serve for three years.
(iv) Thereafter, each member shall serve for a period of three years after his election
and shall be removed only for cause. In the event of a vacancy, the vacancy shall be filled
by the commission until the next convention, and then by election in the same manner, as
outlined, for the unexpired term. An elected member of the commission shall not qualify for
reelection unless he shall have attended at least sixty-six and two-thirds percent of the
scheduled commission meetings during his tenure; however, upon a showing of good cause,
this condition may be waived by resolution duly adopted by the State Soil and Water
Conservation Commission.
(3) The commission shall keep a record of its official actions and may perform such
acts, hold such public hearings, and promulgate such rules and regulations as may be
necessary for the execution of its functions under this Part.
B. The State Soil and Water Conservation Commission shall employ a director and
an assistant director who shall be appointed by the commission subject to the approval of the
commissioner of agriculture and forestry. The director and the assistant director shall be in
the unclassified service. The commissioner may employ such other personnel of the
commission as he deems appropriate. All employees of the commission shall be under the
direction and supervision of the commissioner. The commission may call upon the attorney
general of the state for such legal services as it may require or may employ its own counsel
and legal staff. It shall have authority to delegate to its chairman, to one or more of its
members, or to one or more agents or employees, such powers and duties as it may deem
proper. It shall be furnished the necessary supplies and equipment for the commission's
work. It shall have the authority to locate its office at a place to be selected by the
commission. 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 appropriations, 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 report, surveys, or studies as the commission may request.
C.(1) The commission annually shall elect a chairman, vice chairman, and
secretary-treasurer, each of whom shall serve for a period of one year from the date of his
appointment or until his successor is elected and qualified. A member of the commission
may serve concurrently as a soil and water conservation district supervisor, but he shall not
be required to continue in office as a soil and water conservation district supervisor in order
to be entitled to serve his full term as a member of the commission. A majority of the
commission shall constitute a quorum, and the concurrence of a majority in any matter within
their duties shall be required for its determination.
(2) The chairman and members of the commission shall receive a per diem of
thirty-five dollars for each day or fraction thereof actually engaged in official work of the
commission, provided such per diem allowance as to each member shall not exceed twenty
days in any year. The chairman and members of the commission shall also be entitled to
receive reimbursement for actual traveling expenses necessarily incurred in the performance
of their duties of the commission, and only such members not otherwise compensated or paid
from public funds shall be entitled to the per diem allowance.
(3) 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 all resolutions, regulations, and orders
issued or adopted; shall provide for an annual examination of the accounts of receipts and
disbursements and an annual examination of all districts; and shall provide for a complete
audit at least once every four years of the accounts of receipts and disbursements of all
districts, which shall be filed with the legislative auditor pursuant to and in accordance with
R.S. 24:513.
D. In addition to the duties and powers hereinafter conferred upon the State Soil and
Water Conservation Commission, it shall have the following duties and powers:
(1) To offer such assistance as may be appropriate to the supervisors of soil and
water conservation districts, organized as provided hereinafter, in the carrying out of any of
their powers and programs; to assist and guide districts in the preparation and carrying out
of programs for natural resource conservation and soil health authorized under this Chapter;
to review district programs; to coordinate the programs of the several districts and resolve
any conflicts in such programs; to facilitate, promote, assist, harmonize, coordinate, and
guide the resource conservation programs and activities of districts as they relate to other
special-purpose districts, parishes, and other public agencies.
(2) To keep the supervisors of each of the several districts organized under the
provision 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.
(3) To review agreements, or forms of agreements, proposed to be entered into by
districts with other districts or with any state, federal, interstate, or other public or private
agency, organization, or individual, and advise the districts concerning such agreements or
forms of agreements.
(4) 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 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 to carry out the purposes of
this Part.
(5) To recommend the inclusion in annual and longer term budgets and appropriation
legislation of the state of Louisiana of funds necessary for appropriation by the legislature
to finance the activities of the commission and soil and water conservation districts; to
administer the provisions of any act hereafter enacted by the legislature appropriating funds
for expenditure in connection with the activities of soil and water conservation districts; to
distribute to soil and water conservation district funds, equipment, supplies, and services
received by the commission for 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; to issue regulations establishing guidelines and
suitable controls to govern the use by soil and water conservation districts of such funds,
property, and services; and to review all budgets, administrative procedures, and operations
of such districts and advise the districts concerning their conformance with applicable laws
and regulations.
(6) To enlist the cooperation and collaboration of state, federal, regional, interstate,
and local public and private agencies with the soil and water conservation districts; and to
facilitate arrangements under which the soil and water conservation districts may serve parish
governing bodies and other agencies.
(7) To disseminate information throughout the state concerning the activities and
programs of the soil and water conservation districts in areas where their organization is
desirable; to make available information concerning the needs and the work of the soil and
water conservation districts and the commission to the governor, the legislature, executive
agencies of the government of this state, political subdivisions of this state, cooperating
federal agencies, and the general public.
(8) Pursuant to procedures developed mutually by the commission and other state
and local agencies that are authorized to plan or administer activities significantly affecting
the conservation of soil, water, and other related resources, to receive from such agencies for
review and comment suitable descriptions of their plans, programs, and activities for
purposes of coordination with district conservation programs; to arrange for and participate
in conferences necessary to avoid conflict among such plans and programs, to call attention
to omissions, and to avoid duplication of effort.
(9) To 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.
(10) To require annual reports from soil and water conservation districts, the form
and content of which shall be developed by the commission in consultation with the district
supervisors.
(11) To establish by regulations, with the assistance and advice of the legislative
auditor or other appropriate state fiscal officer, adequate and reasonably uniform accounting
and auditing procedures which shall be used by soil and water conservation districts.
(12) The State Soil and Water Conservation Commission and the soil and water
conservation districts that may be created under this Part shall be the official state agencies
for cooperating with the Natural Resources Conservation Service of the United States
Department of Agriculture.
E. Nothing contained in this Part shall have the effect of taking away or abridging
any of the functions presently being exercised under existing law by the Department of
Public Works, state of Louisiana, or of transferring any of such functions to any other
agency.

Legislative History

Amended by Acts 1956, No. 10, §3; Acts 1970, No. 469, §1; Acts 1974, No. 101, §1; Acts 1975, No. 42, §1; Acts 1978, No. 740, §1; Acts 1980, No. 385, §1; Acts 1984, No. 325, §1; Acts 1986, No. 258, §1; Acts 1986, No. 703, §1; Acts 1988, No. 91, §2; Acts 1989, No. 105, §1; Acts 2008, No. 920, §1, eff. July 14, 2008; Acts 2008, No. 920, §1, eff. July 14, 2008; Acts 2016, No. 42, §1; Acts 2022, No. 9, §1, eff. May 13, 2022.