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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2239 By: Dobrinski
AS INTRODUCED
An Act relating to water preservation; creating the
Terry Peach North Ca nadian Watershed Res toration Act;
defining terms; creating certain pilot program;
authorizing Oklahoma Conservation Commission to
utilize certain funds; stating purpose of pilot
program; listing certain Commission duties;
authorizing the promulgation of rules an d procedures;
creating the North Canadian Wa tershed Restoration
Fund; providing for content of fund; providing for
deposits and expenditures ; repealing 2 O.S. 2021,
Section 16-73, which relates to Tamarix ssp;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-8-101 of Title 27A, unless
there is created a duplication in numbering, reads as fol lows:
This act shall be known and may be cited as the "Terry Peach
North Canadian Watershed Restoration Act".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-8-102 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. As used in the Terry Peach North Canadian Watershed
Restoration Act:
1. "Commission" means the Oklahoma Co nservation Commission;
2. "Invasive woody species " means a tree or shrub species that
is likely to cause harm to the environment or economy . Invasive
woody species include, but are not limited to, Eastern Redcedars and
Tamarisk; and
3. "North Canadian Watershed " means the area of land in
Oklahoma that drains or sheds water into the North Canadian River.
B. There is hereby created a pilot program to remove or
eradicate invasive woody species in the North Canadian Watershed to
be administered by the Oklahoma Conservation Commission. To
accomplish the goals listed in this section, the Commission is
authorized to use the funds available in the North Canadian
Watershed Restoration Revolving Fund established in Section 3 of
this act. The purpose of the program is to eradicate invasive woody
species that create significant wildfire risk and reduce water flow
into the North Canadian River.
C. In administering the pilot program, the Commission shall:
1. Cooperate with landowners, state agencies, and other
political subdivisions for removal of invasive woody speci es;
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2. Measure the density of invasive woody species and estimate
water used by those species;
3. Create a study using a parallel waters hed with no control of
invasive woody species;
4. Utilize available funds to cost share with landowners for
expenses incurred in eradication of invasive woody species by
prescribed burn, biological controls, mechanical removal, or
herbicide applications;
5. Develop grant programs with conservation districts, rural
fire departments and prescribe burn associat ions for resources
needed for prescribed burns, mechanical removal, or herbicide
applications on invasive woody species;
6. Bring attention to the problems posed by invasive woody
species to create awareness, demonstrate value to all stakeholders ,
and encourage landowners to participate in the program; and
7. Have at least two active project areas in the pro gram, one
above the Canton Lake dam and one below.
D. The Commission is authorized to promulgate any rules and
procedures to effectuate the pr ovisions of this section.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-8-103 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Cons ervation Commission to be designated the "North
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Canadian Watershed Restoration Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal yea r limitations, and shall
consist of all monies received by the Conservation Commission from
appropriations, federal grants or funds, municipal con tributions,
private contributions and any other sources, including interest
earned, from the income in the fund that are designated for deposit
to such fund or designated for duties associated with invasive woody
species removal from the North Canadian Watershed. All monies
accruing to the credit of s aid fund are hereby appropriated and may
be budgeted and expended by the Conservation Commission to perform
the duties imposed on the Commission by law. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 4. REPEALER 2 O.S. 2021, Section 16-73 is hereby
repealed.
SECTION 5. This act shall become effective November 1, 2023.
59-1-6528 JBH 01/15/23