§ 11-5-406 — Program participation requirements; application; funding participation levels specified; restriction on expenditures

(a) Any state agency, any political subdivision, the
Eastern Shoshone Tribe, the Northern Arapaho Tribe or the
cooperative tribal governing body may apply to the committee for
participation in emergency insect management programs under this
article. Applications shall be filed with the department of
agriculture and shall at minimum, substantiate compliance with
standards and guidelines established by the committee.
Applicants shall coordinate participation in emergency insect
management programs under this article with applicable weed and
pest control districts.
(b) Emergency management program participation under this
article shall be subject to the following requirements:
(i) Insect vector management programs or nonoutbreak
insect programs shall receive not more than fifty percent (50%)
of total program costs from the account;
(ii) Subject to paragraph (iii) of this subsection, a
reactive program for the suppression of outbreaks of
grasshoppers, Mormon crickets or other outbreak insects on state
and private lands shall receive not more than fifty percent
(50%) of total program costs from the account;
(iii) If the emergency insect management program
under paragraph (ii) of this subsection is for grasshopper
suppression, the program shall consist of treatments targeting
infestations greater than two thousand (2,000) acres or those
suppressing less than the entire infestation regardless of size;
(iv) Subject to paragraph (v) of this subsection, a
proactive, preventative program targeting incipient infestations
of grasshoppers, Mormon crickets or other outbreak insects on
state and private lands, with the potential to expand into
outbreaks, shall receive not more than seventy-five percent
(75%) of total program costs from the account;
(v) If the emergency insect management program under
paragraph (iv) of this subsection is for grasshoppers, the
program shall include up to two thousand (2,000) acres if the
entire infestation is included within the program;
(vi) During the first three (3) years of operation of
any emergency insect management program, not more than twenty
percent (20%) of funds provided to the program from the account
shall be used for administrative costs, equipment and mapping
activities, and not more than ten percent (10%) of such funds
shall be used for these purposes in subsequent years;
(vii) In addition to paragraph (vi) of this
subsection and during the first three (3) years of program
operation, not more than twenty percent (20%) of funds provided
from the account to any program shall be expended for applied
research specifically designed to provide immediate results
directly in support of improved integrated pest management
practices, and not more than ten percent (10%) of such funds may
be used for this purpose in subsequent years.