Utah Code 4-18-305. Powers and duties
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(1) In carrying out the provisions of this part, including for the soil health grant program, the commission may:
Terms Used In Utah Code 4-18-305
- Commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-18-302
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Donor: The person who makes a gift.
- Eligible entities: means public, governmental, and private entities, including:(6)(a) conservation districts;(6)(b) producers;(6)(c) groups of producers;(6)(d) producer groups;(6)(e) producer cooperatives;(6)(f) water conservancy districts;(6)(g) American Indian Tribes;(6)(h) nonprofit entities;(6)(i) academic or research institutions and subdivisions of these institutions;(6)(j) the United States or any corporation or agency created or designed by the United States; or(6)(k) the state or any of the state's agencies or political subdivisions. See Utah Code 4-18-302
- Environmental benefits: means benefits to natural and agricultural resources and human health, including:
(7)(a) improved air quality;(7)(b) surface or ground water quality and quantity;(7)(c) improved soil health, including nutrient cycling, soil fertility, or drought resilience;(7)(d) reductions in agricultural inputs;(7)(e) carbon sequestration or climate resilience;(7)(f) increased biodiversity; or(7)(g) improved nutritional quality of agricultural products. See Utah Code 4-18-302- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grantor: The person who establishes a trust and places property into it.
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Landowner: means an owner of record of federal, tribal, state, county, municipal, or private land where agricultural activities occur. See Utah Code 4-18-302
- Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109
- Oversight: Committee review of the activities of a Federal agency or program.
- Program: means the Utah Soil Health Program created in Section 4-18-303. See Utah Code 4-18-302
- Research project: includes projects at experiment stations, on:
(14)(b)(i) lands owned by the United States or any corporation or agency created or designed by the United States;(14)(b)(ii) lands owned by the state or any of the state's agencies or political subdivisions; or(14)(b)(iii) private lands. See Utah Code 4-18-302- Soil health: means the continued capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans. See Utah Code 4-18-302
- Soil health activities: means implementation of soil health practices, research projects, demonstration projects, or educational projects, or other activities the department finds necessary or appropriate to promote soil health. See Utah Code 4-18-302
- Soil health grant program: means the grant program authorized in Section 4-18-304. See Utah Code 4-18-302
- Soil health practices: means those practices that may contribute to soil health, including:
(19)(a) no-tillage;(19)(b) conservation tillage;(19)(c) crop rotations;(19)(d) intercropping;(19)(e) cover cropping;(19)(f) planned grazing;(19)(g) the application of soil amendments that add carbon or organic matter, including biosolids, manure, compost, or biochar;(19)(h) revegetation; or(19)(i) other practices the department determines contribute or have the potential to contribute to soil health. See Utah Code 4-18-302- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) subject to Subsection (2), accept grants, gifts, services, donations, or other resources from:(1)(a)(i) the United States government or a corporation or agency created or designed by the United States to lend or grant money;(1)(a)(ii) the state or any of the state’s political subdivisions; or(1)(a)(iii) any other source;(1)(b) administer and expend money for the purpose of planning, developing, or putting into operation a program or project in accordance with Section 4-18-304 that is made available to the department:(1)(b)(i) by the United States government or any of the United States’ agencies;(1)(b)(ii) by the state or any of the state’s political subdivisions; or(1)(b)(iii) derived from any other source;(1)(c) provide grants, loans, and other resources to an eligible entity to perform soil health activities;(1)(d) unless otherwise specified by the grantor or donor, use funds received, including from the state or any of the state’s political subdivisions or the United States government or any of the United States’ agencies, to serve as matching funds for soil health activities;(1)(e) place money the commission receives pursuant to Subsection (1)(a) into an escrow account and to administer and expend any money or interest accrued in the trust; and(1)(f) cooperate and collaborate with:(1)(f)(i) producers;(1)(f)(ii) groups of producers;(1)(f)(iii) producer cooperatives;(1)(f)(iv) conservation districts;(1)(f)(v) water conservancy districts;(1)(f)(vi) academic, land grant, or other research institutions;(1)(f)(vii) the United States government, the United States’ agencies, or any corporation of the United States;(1)(f)(viii) the state or any of the state’s political subdivisions;(1)(f)(ix) other states;(1)(f)(x) American Indian Tribes; or(1)(f)(xi) other entities as the commission may decide for the purpose of advancing the scientific understanding of soil health, soil health practices, or the environmental or economic outcomes, increasing monetary or nonmonetary resources to support scientific research, or in applying for grants, including applying for grants jointly, or otherwise obtaining resources to support the programs authorized in this part.(2)(2)(a) The department may not pledge the faith or credit of the state or any county or other political subdivision.(2)(b) In connection with grants, gifts, donations, or other resources, the commission:(2)(b)(i) may enter into agreements or contracts as may be required; and(2)(b)(ii) shall comply with Title 67, Chapter 16, Utah Public Officers’ and Employees’ Ethics Act, and executive orders establishing ethics policy for executive branch agencies and employees.(3) In establishing a soil health grant program, the commission shall issue guidelines, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:(3)(a) make money available for demonstration, educational, implementation, or research grants to eligible entities;(3)(b) if a grant recipient of an implementation, demonstration, or research project grant does not have sufficient expertise in implementing soil health practices or principles or interpreting project outcomes, require the recipient to work with a technical assistance organization;(3)(c) ensure that the most accurate and current scientific evidence related to soil health, soil health practices, and economic and environmental benefits of soil health practices is considered in awarding a grant;(3)(d) minimize the use of money by grant recipients for costs not directly related to grant outcomes, such as administrative expenses or other expenses related to overhead;(3)(e) establish a monitoring and oversight procedure to ensure that money is spent in accordance with the state law; and(3)(f) establish protocols to ensure the confidentiality of producer, landowner, and land information, including with respect to a state soil health monitoring and inventory platform and state soil health testing program.(4) Notwithstanding Subsection 4-18-304(3) and Section 4-18-307, the commission shall require a recipient of a grant for research, educational, or demonstration projects to:(4)(a) conduct outreach and educational activities regarding the projects, including field day visits; and(4)(b) disclose information related to the projects, including the locations of the projects, the soil health practices implemented, and the environmental or economic outcomes.(5) Upon receiving money to implement a soil health grant program, the commission shall make money available to eligible entities by July 1 of the following year.(6) The commission may adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to carry out this part. - Environmental benefits: means benefits to natural and agricultural resources and human health, including: