State Soil Conservation Committee

Elected Members – For the purpose of electing the five elected members of the SSCC, the state of North Dakota is divided into five areas as follows:

One member of the SSCC is elected from each of the five areas by vote of the members of the boards of supervisors of the districts in that area. Elections of members of the SSCC are held under rules adopted by the SSCC and in cooperation with and at the time of the North Dakota Association of Soil Conservation Districts Area Meetings. Elections of members of the SSCC are conducted by the SSCC.

Appointed Members – Two members of the SSCC shall be appointed by the governor. The governor shall appoint individuals who can represent those interests within the state not already represented, or less fully represented, by one or more of the five elected members of the SSCC. The governor shall attempt, so far as feasible, to make possible suitable representation for all interests in the state in the membership of the SSCC, including the interests of farmers, livestock growers, rural areas, small towns, cities, and industry and business, recognizing that any single member of the SSCC may sometimes appropriately be regarded as representing more than one of these interests.

Advisory, Nonvoting Members – The SSCC has six advisory, nonvoting members who are representatives of the State Association of Soil Conservation Districts, NDSU Extension, Natural Resources Conservation Service, State Water Commission, Commissioner of Agriculture, and Game and Fish Department.

NDSU Extension was directed by the 56th Legislative Assembly to assist the Committee in performing the Committee’s duties, within the limits of legislative appropriations. The Extension Director shall instruct Extension Agents to cooperate in the delivery of information and services to the districts.

Current Committee Members

Advisors to the Committee

The SSCC assists with administrative matters and provides program planning assistance to the SCDs in the state. The members of the SSCC receive $135 per day as compensation for their services on the SSCC in addition to travel expenses incurred in the discharge of their duties. Meetings of the SSCC are open to the public.

Principal Duties and Powers:

• To offer such assistance as may be appropriate to the supervisors of districts in the carrying out of any of their powers and programs.
• To keep the supervisors of each of the several districts informed of the activities and experience of all other districts and to facilitate an interchange of advice and experience between such districts and cooperation between them.
• To secure the cooperation and assistance of state, federal, regional, interstate, and local, public, and private agencies with districts and to facilitate arrangements under which districts may assist or serve county governing bodies and other agencies in the administration of any activity concerned with the conservation of natural resources.
• To review agreements, or forms of agreements, proposed to be entered into by districts with other districts or with state, federal, interstate, or other public or private organizations and advise the districts concerning such agreements or forms of agreement.
• To recommend to the Extension Director biennial budgets necessary to finance the activities of the SSCC and districts and to distribute moneys appropriated by the legislative assembly for grants to SCDs.
• To represent the state in matters affecting soil conservation.
• To require annual reports from districts.
• To establish uniform accounting methods that shall be used by districts.
• To receive from other state and local agencies for review and comment suitable descriptions of their plans, programs, and activities affecting the conservation of natural resources 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.

The SSCC and District Records

The SSCC office is the central point, at the state level, for information concerning SCDs and their activities and programs.

The SSCC office keeps a file showing:

1. All actions taken in the organization of each district.
2. A record of each supervisor—when elected or appointed.
3. Additions of territory, changes of district boundaries, consolidation of districts, change of district names and dissolution of districts.

The SSCC must keep a record of:

• District minutes
• District long-range programs and revisions
• District conservation plans of work
• The financial report of each district
• Supervisor training reports
• Inventory reports
• DART activity reports
• A record of each supervisor—when elected or appointed (reorganization form)
• Additions of territory, changes of district boundaries, consolidation of districts, change of district names, and dissolution of districts

Why it is necessary to keep a record of this type for each SCD at the state level:

• SCDs are a governmental subdivision of state government operating under state law (Chapter 4.1.20) of the North Dakota Century Code (N.D.C.C.)) and are subject to provisions of the state constitution and various rules and regulations that require a state entity for governmental subdivision to keep such records.
• In order for the SSCC to carry out its general duties and powers spelled out in Section 4.1.20-25 of the N.D.C.C., it is necessary for the SSCC to keep such records and other information available at all times.
• A complete record of districts and their activities are necessary in statewide planning for development in the field of land and water resources, land-use planning, and economic development.
• Records of each district provide information necessary for state appropriation requests and other legislative action. Such records tell the story of SCDs, their accomplishments, and their shortcomings that are essential for districts to meet the challenge of a changing world and keep the conservation of our natural resources under local control.

Watershed Projects:

I. United States Public Law 83-566. Provides for the establishment of small watershed projects. The SSCC was designated by Governor Norman Brunsdale to receive, approve, and assign planning priority to watershed applications. Applications are to include facts about the size and location of the watershed, descriptions of the land and water problems, information about proposed work needed to solve the community problem, and information about the sponsoring organizations and their source of funds. Watersheds, by law, are limited to 250,000 acres in size.

Since 1954 when the Watershed Protection and Flood Prevention Act (Public Law 83-566) was enacted, many rural and urban communities have applied for technical and cost-share assistance from the Natural Resources Conservation Service. The Act provides that sponsors of watershed projects may include purposes such as flood prevention, agricultural water management and water supply, municipal and industrial water supply for present or future use, recreation, and fish and wildlife development.

Watershed projects bridge the resource development gap between the soil and water conservation work of individual land owners and large federal and state public works projects for water resource development on major rivers. The USDA Natural Resources Conservation Service (NRCS) has the primary responsibility for carrying out the small watershed program. In addition to assistance under Public Law 83-566, aid is available from other federal, federal-state, and state programs dealing with land, water, plants, recreation, and fish and wildlife.

II. Sponsoring Watershed Projects. Districts are eligible sponsors for watershed protection and flood prevention projects (Public Law 83-566). They are responsible for the land treatment features of the watershed program. It is necessary to have as a co-sponsor an organization that has taxing authority and right of eminent domain. This can be a county, city, or a unit of state government; however, a water resource district is most ideally suited for co-sponsorship.

The water resource district would be responsible for obtaining easements and rights of way, contracting for construction of structural measures, and their future maintenance. It is most important that SCD boards of supervisors maintain close working relationships with the directors of the water resource districts. Districts that have specific questions regarding watershed projects, cost-sharing for watershed development, or organizing water resource districts should contact the local district conservationist of the NRCS.

North Dakota SSCC Authorities – Duties and Responsibilities Laws:

1. Soil Conservation District Law (N.D.C.C. 4.1.20)
2. Soil Conservation District Technician Program
3. Surface Mining Reports Law (N.D.C.C. 38-16)
4. Reclamation Plans for Surface Mining of Coal (N.D.C.C. 38-14.1-3)
5. State Technical Committee - Advisory Group for USDA Conservation Programs
6. State Program Committee for the Rural Abandoned Mine Program (RAMP)

Created in 1937, the SSCC was established to provide for conservation, protection, improvement, and profitability of agricultural land in North Dakota. The committee formed four SCDs that could be organized when 25 occupiers of land within a district requested that a soil conservation district be formed. Each SCD elected three supervisors. The supervisors directed the programs and activities and served as the link between the district and the SSCC. (S. L. 1937, Ch.9)

In 1971, the legislature divided the state into five geographical districts, which were grouped along county lines. The SSCC changed to five members, one district supervisor from each district being elected by the district land owners or occupiers, and two members appointed by the governor. The gubernatorial appointees represented the interests of farmers and ranchers, rural areas and small towns, cities, industry, and business for those not already represented. Members serve two-year terms, and no member serves more than two successive terms. (S. L. 1971, Ch. 94)

Legislation in 1983 added a new subsection to the North Dakota Century Code relating to a tax to be levied by the SCDs. The district supervisors put a one-mill tax levy on all real property lying within a conservation district. The tax levy is paid by the owner of the land and is used for administrative and operating expenses of the districts. Supervisors could choose to raise the levy, but the increase had to be authorized by three-fourths of the voters in the district (S. L. 1983, Ch. 97). The number of qualified voters needed to approve an ordinance was reduced to two-thirds in 1985. (S. L. 1985, Ch. 95)

In 1997, the purpose of the SSCC was defined to promote soil conservation through programs and activities conducted under the auspices of the state SCDs, direct organization of state SCDs, provide operating guidelines for state SCDs, administer small watershed projects in the state, and develop water quality management plans for controlling nonpoint sources of pollution.

Additional goals of the committee included securing cooperation and assistance of state, federal, regional, local, and private agencies with districts; representing the state in matters affecting soil conservation; establishing uniform accounting methods that must be used in all districts; requiring annual reports from all districts; receiving from other state and local agencies for review and comment suitable descriptions of their plans and programs activities affecting the conservation of natural resources; and arranging for and participating in conferences to avoid conflict with other plans and programs. All surface mining operators file an annual detailed report of their activities with the Committee, which, in turn, transmits the information to the district. The Committee also administers the soil conservation technician grants program with the objective of reducing wind and water erosion damage on cropland. (S. L. 1997, Ch. 50)

Since 1997, the NDSU Extension Service has assisted the director with the administrative duties of the Committee within the limits of legislative appropriation to deliver information and services to the districts. The Committee meets annually, but the chairman may call special meetings as needed or four Committee members may request in writing that a special meeting be called. (S. L. 1997, Ch. 50)

In 2003, the law was amended to include that elected members must attend a training session conducted by the SSCC. The chairman of the Committee may serve a total of three years. (S. L. 2003, Ch. 58)

In 2009, it was established that all qualified electors in the district may vote in any regular election in the district. The one-mill tax levy increased to two mills in 2009. (S. L. 2009, Ch. 74)

In 2011, changes to the Code allowed each SCD to submit a report in place of an audit. (S. L. 2011, Ch. 394)

More information from the North Dakota State Archives.