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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1461 By: Patzkowsky of the House
and
Pederson of the Senate
COMMITTEE SUBSTITUTE
[ Woody Invasion Cost Share Program – Oklahoma
Conservation Commission – program – purpose – funds
– guidelines – districts – terms – information –
agency website – acres – secretaries – research –
control – plant species – codification – effective
date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-3-130 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. The Oklahoma Conservation Commission is hereby authorized to
establish and administer a Woody Invasion Cost-Share Program as
funds become available. The cost-share program shall provide monies
to eligible persons.
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B. The cost-share program shall focus on reduci ng the
detrimental effects of native Juniperus species ( Juniperus spp.) and
non-native, invasive salt cedars (Tamarix spp.) and sustaining the
gains achieved through the implementation of cost-share practices.
C. The purpose of the Woody Invasion cos t-share program is to
incentivize landowners to apply effective methods to reduce the r ate
of expansion, and restore, monitor, and maintain grasslands and for
the protection of the states' waters, soils, wildlife, and natural
resources.
D. When sufficient fund s are available in the Woody Invasion
Cost-Share Fund, the Commission shall develop an d disseminate the
program guidelines to the conservation districts in the progra m
designated areas. The guidelines shall contain incentives to
eligible persons for initi ating and continuing woody invasion plant
eradication, prevention, monitoring, and mai ntenance practices as
set out in the eligible person 's conservation plan.
E. To implement the program, the Commission shall require
conservation districts to enter into contracts for eligible projects
on eligible land detailing the eligible person 's responsibilities.
F. For purposes of the conservation cost -share program:
1. "Brush management" means the removal, reduction or
manipulation of woody (non -herbaceous or succulent) plants by
mechanical methods, chemical treatment, biological methods,
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prescribed burning, or combinations of these methods to achieve the
desired plant community .
2. "Eligible person" means any individual, partnership,
corporation, legally recogniz ed Indian tribe, including land held in
Trust, estate, or trust who as an owner, lesse e, tenant, or operator
participates in the care and/or management of land within a
conservation district.
3. "Eligible land" means:
a. privately owned land within the st ate,
b. land owned by the state or a political subdivision of
the state,
c. land temporarily owned by the United States or a
corporation wholly o wned by it, which was not acquired
or reserved for conservation purposes, including lands
administered by the F arm Service Agency, the United
States Department of Defense, or by any other
government agency, and
4. "Eligible projects" means conservation practices deter mined
to be needed by a conservation district to:
a. improve or protect soil and water resources,
b. protect rangelands and grasslands,
c. preserve wildlife and natural resources, and
d. accomplish the objectives and purpose of this cost -
share program.
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5. "Woody invasion" plants covered by this cost -share means
native Juniperus species ( Juniperus spp.) and non-native, invasive
salt cedars (Tamarix spp.) or similarly detrimental species .
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-3-131 of Title 27A, unless
there is created a dupli cation in numbering, reads as follows:
When developing the guidelines for a Woody Inva sion Cost-Share
program, the Oklahoma Conservation Commission shall consider:
1. Maximizing distances from seed sources to minimize exposure
to cleared area;
2. Implementing follow-up treatments to remove seedlings and
deplete seedbanks after seed source s are eliminated;
3. Monitoring areas previously treated;
4. Identifying high-risk areas and evaluating if the cost -share
program for the specific program year combats significant issues;
5. Targeting areas burned by wildfire with rapid and intensive
management to restore large landscapes quickly and cost-effectively;
6. Reviewing the most current science and recommendations in
the area of woody invas ion encroachment, eradication, and
management;
7. Utilizing the modern canopy and grassland mapping too ls
available to focus on high -risk and vulnerability areas;
8. Reviewing approved cost -share methods available through
USDA-NRCS to combat the expansio n of woody invasion plants; and
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9. Evaluating if other federal, state, or tribal programs can
be enhanced by the inclusion of practices in the Commission 's Woody
Invasion Cost-Share program for the year being planned.
SECTION 3. NEW LAW A new sectio n of law to be codified
in the Oklahoma Statutes as Section 3-3-132 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. The Oklahoma Conservation Commission shall require
applicants to submit information, forms and repor ts as necessary to
properly and efficiently administer the Woody Invasion Cost-Share
program.
B. Persons may apply to a conservation district for cost -share
funds for eligible brush management initiatives in the State of
Oklahoma, in accordance with the c ost-share program year guidelines
prepared yearly by the Commission. To be eligible for reimbursement
for a Woody Invasion Cost-Share project, an eligible person shall:
1. Develop and file for review and approval with the
conservation district a multi -year conservation plan that details
brush management practices; and
2. Enter into a contract with a conservation district detailing
the responsibilities of the person for the initial cost-share
program year as well as continuing responsibilities that are
required to keep the woody species from regrowing and expanding on
the land.
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C. Applications for funds shall be approved or denied by the
conservation district in accordance with promulgated criteria
prepared by the Commission.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-3-133 of Title 27A, unless
there is created a duplication in numbering, reads as foll ows:
The Oklahoma Conservation Commission and the state conservation
districts are encouraged to work cooperatively with federal and
state agencies, Indian tribes, Oklahoma State University extension,
burn associations, and other entities to reduce the footpri nt of
woody invasive plants and the impacts the plants have on state
waters and natural resources. This may include developing cost -
share practices that work in con junction with other programs to
combat expansion and regrowth of these woody species.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-3-134 of Title 27A, unless
there is created a duplica tion in numbering, reads as follows:
Upon the conclusion of each cost -share program year, t he
Oklahoma Conservation Commis sion shall prepare and post on the
agency website the statistical data, funds expended, and acres
covered by county of the cost -share practices for that program year.
This same information shall also be shared with the state cabinet
Secretaries of Agricul ture and Energy and Environment.
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SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statut es as Section 3-3-135 of Title 27A, unless
there is created a duplication in numbering, rea ds as follows:
A. There is hereby created within the State Treasury a cost -
share fund for the Oklahoma Conservation Commission to be designated
the "Woody Invasion Cost-Share Fund". The fund shall be a
continuing fund, not subject to fiscal year limitati ons, and shall
consist of all monies received by the Oklahoma Conservation
Commission to implement and maintain the cost -share program.
B. The Woody Invasion Cost -Share Fund shall consist of:
1. Money received by the Conservation Commission in the form o f
gifts, grants, reimbursements, donatio ns, industry contributions,
state appropriations, funds allocated by federal agencies for cost-
share programs and such other monies specifically designated for the
cost-share program. All monies accruing to the cred it of the fund
are hereby appropriated a nd may be budgeted and expended by the
Commission for the cost-share program; and
2. Interest attributable to investment of money in the Woody
Invasion Cost-Share Fund.
C. All donations or other proceeds received b y the Commission
pursuant to the provisi ons of this section shall be deposited with
the State Treasurer to be credited to the Woody Invasion Cost-Share
Fund. Expenditures from the fund shall be made upon warrants iss ued
by the State Treasurer against clai ms filed as prescribed by law
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with the Director of the Office of Management and Enterprise
Services for approval and payment.
D. The monies deposited in the Woody I nvasion Cost-Share Fund
shall at no time become part of the general budget of the
Conservation Commission or any other state agency . Except for any
administration costs incurred in development and implementation of
the cost-share program, no monies from t he fund shall be transferred
for any purpose to any o ther state agency or any account of th e
Oklahoma Conservation Commission.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-3-136 of Title 27A, unless
there is created a duplication in numbering, re ads as follows:
Nothing in this act or in the contract executed pursuant to
Section 3 of this act shall be i nterpreted or construed to
constitute a financial or general obligation of the state. No state
revenue shall be used to guarantee or pay for any dam ages to
property or injury t o persons as a result of the provisions of this
act or the contract.
SECTION 8. REPEALER 2 O.S. 2021, Section 16-73, is
hereby repealed.
SECTION 9. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
03/02/2023 - DO PASS, As Amended and Coauthored.