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SOIL & WATER CONSERVATION DISTRICT
LOUISIANA SOIL & WATER CONSERVATION DISTRICT SUPERVISOR’S TRAINING AND ORIENTATION Conducted by the LA State Soil & Water Conservation Commission at the Louisiana Association of Conservation Districts SWCDs are a critical link in local, state, federal and private cooperation in all conservation and natural resource projects. 1
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This orientation will help you understand:
Why SWCDs were formed SWCD Board responsibilities Your role as a Supervisor Louisiana’s Conservation Partnership Effective supervisors must have a clear understanding of their duties, and opportunities, as public officials. Must be a leader, decision maker, spokesperson, salesman. It takes time to gain a thorough, working knowledge of entire program and specific responsibilities. Critical to success of your SWCD
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History of SWCDs Dust Bowls and Gullies – 1920’s
extensive erosion by wind and water Harsh climatic conditions + Damaging land use practices = Epic natural disaster Dust bowl in western and southern great plains Extensive erosion by wind and water; flooding Unprecedented displacement, destitution LA landowners increasingly aware of water erosion
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History of SWCDs Hugh Hammond Bennett 1929 – USDA Bureau of Soils
experiment stations 1933 – Civilian Conservation Corps Hugh Hammond Bennett, father of soil conservation 1929-soil erosion experiment stations established; USDA Bureau of Soils 1933-Civilian Conservation Corps (CCC) National Industrial Recovery Act Emergency employment program 1933-USDI Soil Erosion Service Demonstration projects Technical project staff CCC labor Conservation planning as we know it finally began 1935-USDA Soil Conservation Service A timely dust storm set the stage for this congressional approval 1933 – USDI Soil Erosion Service 1935 – USDA Soil Conservation Service 1994 – USDA Natural Resources Conservation Service
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History of SWCDs Land owners skeptical, situation critical
Model legislation was sent to each state 1938 – LA Act No. 370; State Soil & Water Conservation Committee Formation of SWCDs began Great Depression, Prohibition Land owners were skeptical, reluctant to adopt recommendations of the “Feds”. Model legislation was sent to each state 1938-LA Act 370 established the State Committee Began formation of SWCDs LA districts showed early involvement and national leadership Feliciana the 1st, Jefferson Davis the most recent Many district divisions 1984-Plaquemines Parish was the final land area included
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History of SWCDs Supervisors need to be familiar with this 1201-legislative determinations and declaration of policy 1202-terms defined 1204-State Soil & Water Conservation Committee 1205-Creation; division or combination 1206-Election of three supervisors for each district 1207-Appointment, qualifications, and tenure of supervisors 1208-Powers of Districts and Supervisors 1209-Adoption of land-use regulations 1210-Entry of land for inspection 1211-Performance of work under the regulations by the supervisors 1212-Board of adjustment 1213-Cooperation between Districts 1214-State agencies to cooperate 1215-Discontinuance of a district 1216-Certification of a District 1217-Short title 1218-Extension of Boundaries to include urban or suburban areas 1219-Saving provision The Louisiana SWCD Law, Act No. 370, as amended, exists now as Title 3, Chapter 9, Parts 1 & 2 of the LA Revised Statutes
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History of SWCDs 44 SWCDs statewide
28 SWCDs comprised of one Parish, 16 are multi-Parish All but 6 delineated entirely by Parish boundaries Boundaries change over the years, division of large SWCDs Parish boundaries-greater representation of parish-specific concerns, and opportunities to leverage parish support Watershed/other boundaries 5 SWCD Areas-unify common interests and land-use concerns, allows for equitable representation. No SWCD is formed without the unified, formal request of 25 or more local landowners
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Conservation District?
What is a Soil and Water Conservation District? What is the purpose Of a SWCD? Who controls or manages SWCDs? SWCD ?-A governmental subdivision of the State; and a public body corporate and politic... Local units of state government Established by resident landowners Local supervision What is the purpose of a SWCD? The purpose of a SWCD is to keep decision making on natural resource conservation matters at the local level. SWCDs provide a face and a voice for all local natural resource concerns and needs Work to find ways to address these needs. Harness resources required to address conservation needs. Local recognition and approval of conservation/erosion control plans, practices. Almost entirely in partnership with the NRCS Who controls or manages SWCDs? You do, each SWCD has 5 local supervisors that oversee their SWCDs programs and activities. Develop plans to conserve the natural resources of the district and to implement these plans by coordinating private, local, state, or federal resources 8
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Who are SWCD Supervisors?
Local public officials Landowners Farm operators “One of the members of the governing body of a district, elected or appointed in accordance with the provisions of State Law” Should represent local landowners and their land use interests & concerns Conservation knowledge, interest, and experience Works with others to set local priorities Represent the people within their districts
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Elections and Appointments
3 elected supervisors Nominating petitions Local referendum 2 appointed supervisors Appointed by the SWCC upon SWCD recommendation Associate supervisors Non-voting, no per diem Provide valuable info, insight Apprentice for full position Annual election 2nd Saturday in June, terms begin on July 1 Nominating petitions distributed by supervisors to qualified candidates Land owners, registered LA voter 30 day nominating period begins 60 days prior to annual election in June. Nominating petition forms are supplied by the SWCC. 25 signatures from registered voters Registrar of Voters to verify and sign petition If no opposition, no election; 3 year term Appointments are for 3 year terms Term periods vary by SWCD 3 candidates must be presented to the SWCC with stated preference. Selection of all SWCD board members is based on local input. Meeting attendance requirements (PPM 9)
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District Powers and Authorities
Soil and Water Conservation Districts are governmental subdivisions of the State and exercise certain public powers. Conservation districts are given specific authorities by Louisiana Act No. 370. Louisiana RS: 3; Districts are much more than they appear District potential is enormous Capacity Building = Fulfilling potential The most significant part of conservation district law (section 1208) 11
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District Powers & Authorities
To carry out preventive and control measures for better utilization of soil and water resources. To enter into agreements and furnish financial or other aid to any private or public agency or land user within the district for better utilization of soil and water resources and for removal of excess water as the supervisors deem necessary To carry out preventive and control measures for better utilization of soil and water resources. Performed by the SWCD-NRCS partnership and promoted through demonstration of conservation practices, farm bill conservation programs, etc. To enter into agreements and furnish financial or other aid to any private or public agency or land user within the district for better utilization of soil and water resources and for removal of excess water as the supervisors deem necessary $ and T.A. through partnership with NRCS $ through programs such as EPA/CWA 319 Farm Bill Programs PL 566 projects Coastal restoration drainage 12
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District Powers & Authorities
To obtain by purchase, exchange, lease, gift or otherwise, any real or personal property to accomplish the goals of the district. To make available to land users any equipment and materials needed to carry out soil and water conservation programs. To obtain by purchase, exchange, lease, gift or otherwise, any real or personal property to accomplish the goals of the district. Land/Buildings Equipment Funds Office space To make available to land users any equipment and materials needed to carry out soil and water conservation programs. Equipment such as no-till drills, land leveling equip., tree planters, lagoon pump-out equip., dozers Includes equipment available through partnership with NRCS To use for conservation work in cooperation with landowners Inventory/depreciation requirements for SWCD owned equipment (PPM 8) 13
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District Powers & Authorities
To construct, improve, operate and maintain works of improvement as needed. To develop comprehensive plans for soil and water Management in the district and bring this information to the attention of the public. To take over and administer any soil conservation, flood prevention, drainage, irrigation, water management, erosion control or erosion prevention projects within the boundaries of the district. To construct, improve, operate and maintain structures or works of improvement as needed. Dams, terraces, levees, spillways and similar structures as required to accomplish conservation objectives To develop comprehensive plans for soil and water management in the district and bring this information to the attention of the public. Long range and annual plans, outlining conditions and desired outcomes Publish and distribute May outline engineering operations, methods of cultivation, tillage practices, land use changes, etc. No level of detail too great. To take over and administer any soil conservation, flood prevention, drainage, irrigation, water management, erosion control or erosion prevention projects within the boundaries of the district. “To accept control of” as an agent of the U.S. or its agencies, the State or its agencies To accept contributions to expend toward carrying out these projects. 14
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District Powers & Authorities
To accept contributions in money, services or materials from any source for use in carrying out the district program. To sue and be sued in the name of the district; to have perpetual succession unless terminated as provided in Act No. 370, as amended; To make and execute contracts and other instruments; and to make and amend rules and regulations as needed. To accept contributions in money, services or materials from any source for use in carrying out the district program. Its as good as it sounds To sue and be sued in the name of the district; to have perpetual succession unless terminated as provided in Act No. 370, as amended; To make and execute contracts and other instruments; and to make and amend rules and regulations as needed. SWCC may request opinion/services from the State A.G. SWCDs may request opinion/services from local D.A. Act as a board, never individually Perpetual succession...there’s always conservation work to be done Local contracts or agreements as necessary, with SWCC approval (PPM 12) 15
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District Powers and Authorities
As a condition to extending benefits on private lands, the district may require contributions in money, services, or materials, and may require landowners to enter into agreements or covenants regarding the permanent use of such lands to control erosion, flooding and sediment damages. SWCDs may only charge for services it solely provides. Cannot charge or accept contributions for work performed with equipment belonging to, or technical services provided by NRCS or other agencies. Cooperative Agreements: a negotiated, mutually agreed upon, non-binding agreement between the SWCD and the land owner (cooperator) Not just giving one-time assistance Not regulatory No other gov’t entity has this capability
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District Powers and Authorities
To develop and enact through a local referendum, land use regulations within the district when needed to conserve soil and water resources, as provided in Act No. 370, as amended. To cooperate with other districts in the exercise of any of its powers. To combine, divide or discontinue a district by petition to the State Soil & Water Conservation Committee, as provided in Act No. 370, as amended. To develop and enact through a local referendum, land use regulations within the district when needed to conserve soil and water resources, as provided in Act No. 370, as amended. Traditionally against gov’t regulation of land use Some things may need to be encouraged, some discouraged or prohibited Requires notice, hearings, local referendum, public education, majority of landowners must vote in favor, the SWCD then determines whether or not to put it into effect Has been done only in 5 or 6 states To cooperate with other districts in the exercise of any of its powers. To share employees, equipment and other resources through a signed cooperative agreement (PPM 15) To combine, divide or discontinue a district by petition to the State Soil & Water Conservation Committee, as provided in Act No. 370, as amended. Based on land use, land resource areas Dorcheat - Bodcau 1989 Gulf Coast – Jefferson Davis 2003 17
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District Powers and Authorities
To organize irrigation, drainage or watershed development projects, to install, operate and maintain works of improvement such as levees, ditches and pumping stations. Many SWCDs have initiated or taken on significant roles in these type projects SWCDs in LA have maintained various levels of involvement in watershed projects Districts may organize additional boards to investigate or develop special projects such as these.
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There’s one thing Districts cannot do!!!
As per Act No. 370, Districts do not have the power or authority to levy, assess, or collect any taxes or special assessments. From the original Standard State Soil Conservation District Law Then USDA Sec. Wallace wanted no additional tax burden on farm lands Some states have changed this law (KY, FL) Ideas and discussion on changing it in our state 19
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District Responsibilities
Legality Control and prevention of soil erosion, prevention of damage from flood water and sediment, utilization and disposal of water, wise guidance in present and future use of state land resources. Active roles in water management for irrigation, drainage, flood control, recreation, pollution abatement, and fish and wildlife habitat. Soil surveys, erosion control practices, soil fertility and condition, and preserving agricultural land. Land and water management, landscape beautification, education and involvement of citizens in conservation programs. No SWCD can do this alone “The districts will need the help of most of the agencies of the USDA and, in turn, they can help the USDA as a whole to carry out more effectively the various programs it is administering.” USDA Secretary Wallace to H.H. Bennett, as districts were being formed. 20
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District Responsibilities
Methodology District board organization District board meetings Financial management Technical assistance Election of officers at first regular meeting of each calendar year. At least 1 regular meeting each month, not to exceed 20/year. All actions to be recorded in meeting minutes. No business conducted w/o a quorum. Meetings are open to the public except when in executive session. (PPM 9) According to State law and SWCC policy, districts must develop an annual operating budget. District financial activities can be approved only by district boards and conducted only by district supervisors or district employees. Districts are empowered to solicit and obtain funds, services and facilities as deemed necessary. Districts are required to maintain adequate financial records and are audited annually by the LDAF or CPA’s. Districts determine services and priorities regarding the kind and amount of work to be done in carrying out their long range and annual work plans. Oversees district staff performance. 21
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District Responsibilities
Methodology District employees Intergovernmental cooperation Planning Education Reporting Equal opportunity Districts provide for supervision of their employees, district employees are administratively responsible to the district. Only the district is responsible for hiring, separation, fixing the range of duties, hours of work, pay rates and payment of district employees. District employees may be placed under the technical guidance of NRCS staff by the district board, but only within guidelines established by the board. All districts should establish a personnel management policy. Long range or Strategic plans, a State law and MOU Requirement, should be revised at least once every 5 years. Annual Plans guide the district in carrying out the long range plan. Developed In consultation with cooperating agencies. District annual reports are due no later than November 15 each year, reflects the district’s level of success in carrying out annual work plan. The district should report regularly to the public, and to public officials, on resource conservation needs and the work of the district. This is done through news releases, public meetings and published and distributed annual reports. Districts should cooperate with each other, and with other governmental entities in matters of mutual concern through consultation or formal agreements. Districts should provide conservation information to educational institutions and community organizations on subjects related to soil and water conservation, and promote natural resource management through workshops, contests, demonstration projects and other means. Districts have responsibilities for equal opportunity in both programs or services, and employment. An equal opportunity statement should accompany all program and employment advertisements. 22
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Duties of SWCD Supervisors
Administration Assist in SWCD policy development Establish needs and priorities Long range & annual work plans Annual reports Solicit support for your district Maintain key contacts Working agreements MOU’s with USDA – NRCS Understand partnership relations Become familiar with Act No. 370 Supervisors handbook Board meetings SWCD State Law - Search Law Body: RS, Title:3, Section Number:1201 Review 1 chapter of supervisors handbook each board meeting Personnel policy, PPM based office policy Conservation priorities, conservation needs, priority of tech. assistance LR plans-specific goals, AP-incremental accomplishments toward LR goals Keep it current/relevant Assist in compilation of annual reports Solicit SWCD support – “market” the district Key contacts, legislative - some of your most important SWCD work Working agreements – know what they mean, know when they’re necessary SWCD-SWCC-NRCS; understand how each serves the partnership
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Duties of SWCD Supervisors
Finance Secure adequate funding for the district Establish sound business procedures Adequate accounting & management Annual budget & financial report Efficient, judicious use of public funds Set the stage for a local funding request, show them why you’re important & how you benefit them; potential funders should already know you Sound business procedures- record keeping, financial oversight, PPMs Review PPMs at board meetings Accounting & financial management critical, be familiar with PPM manual & SWCD audit requirements Work with other board members to develop the annual operating budget and financial report. All SWCD funds are public funds; all expenditures must be for purposes allowed or required by law. (PPM 4, PPM 10, PPM 11) Manage funds, facilities, equipment Audit requirements – State Law
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Duties of SWCD Supervisors
Leadership Area and state meetings Local public opinion Active conservation recruitment Consult & cooperate with other entities Wear the SWCD hat Communicate outside meetings Participate in your Area & State meetings As local public officials, keep in touch with public opinion regarding conservation Encourage conservation planning and District cooperation Cooperate with other SWCDs and gov’t entities in matters of mutual concern In all your affiliations and memberships, influence these groups toward natural resource awareness and conservation management practices. Establish a communication system with other board members outside of regular board meetings to address problems or opportunities as they arise.
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Duties of SWCD Supervisors
Education Who Units of government Businesses Civic organizations Professionals Universities, grade schools Libraries Churches Farmers, ranchers, land owners How Long range, annual plans & reports Soil Stewardship week Master Farmer Project WET S & W Conservation Society Meeting invitations Ag BMP field day demonstrations Every level of outreach is important, for conservation and for the SWCD
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The Louisiana Conservation Partnership
Traditional partnership: Local-State-Federal Over 60 years old State Soil & Water Conservation Committee Soil & Water Conservation Districts USDA-Natural Resources Conservation Service LSU Ag center has always been an essential ally. LDEQ & LDNR also 27
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State Soil & Water Conservation Committee
District policy, funding and regulatory decisions. Supervisor elections, appointments and resignations. District formation and discontinuance State Conservation Policy Information exchange between SWCDs Membership Chancellor, LSU Agricultural Center Commissioner, LDAF President, LACD 5 elected SWCC Area representatives Policy & Procedure Memoranda are developed, approved and enforced by the SWCC. District funding allocation formulas are developed with SWCC oversight and approved by them. Makes budget requests to State legislature State Conservation Policy input Assist SWCDs in exercising powers and carrying out programs Monthly meetings 8 Members 1st 3 by function of their positions The 5 elected SWCC Area representatives are nominated and elected by fellow supervisors from within their SWCC Areas. 28
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LDAF/Office of Soil & Water
Conservation Office staff managed by LADF/OSWC Asst. Commissioner OSWC Asst. Commissioner serves as SWCC Exec. Director OSWC Staff duties: Administration SWCC Assistance to SWCDs Agriculture Nonpoint Source Pollution Control Coastal Restoration LDAF Conservation Project Management Environmental Education Agriculture By-Products BMP Program Prescribed Agricultural Burning. Special projects Legislative performance reporting and accountability SWCC assistance to districts, correspondence and office operations General assistance to districts Ag 319 BMP implementation Coastal Re-vegetation specialists State Conservation Management Areas Project WET and other outreach Agricultural by-products BMP program Prescribed burning education & certification for ag land Special projects 29
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Federal Agency – established in 1935
“Helping People Help the Land” History Federal Agency – established in 1935 Partnership – Model conservation district law in 1937 Federal ↔ State ↔ Local governments History and success intertwined with conservation districts
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Cooperative Working Agreement
“Helping People Help the Land” Foundation Documents Mutual Agreement Cooperative Working Agreement Operational Agreement and local partnerships
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Signed by District, State, and Secretary of Agriculture
“Helping People Help the Land” Mutual Agreement Partners share a common objective of assisting public and private landowners and users to utilize and manage natural resources in accordance with the capabilities and needs for protection and improvement. Signed by District, State, and Secretary of Agriculture
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Each party is independent Respective responsibilities
“Helping People Help the Land” Mutual Agreement Each party is independent Respective responsibilities Recognizes the need to coordinate for successful delivery of conservation programs Implement long-range natural resource conservation programs
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“Helping People Help the Land”
Mutual Agreement Secretary – continue to carry out broad conservation programs – technical, research, educational, and financial assistance State of Louisiana – continue commitment to aid in administration, coordination, financing and delivery of conservation programs through Districts Encourage agreements with other natural resource agencies Comply with nondiscrimination provisions contained in Law
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Cooperative Working Agreement Supplements the Mutual Agreement
“Helping People Help the Land” Cooperative Working Agreement Supplements the Mutual Agreement Establishes the relationship between NRCS, state and District Does not obligate funds Specific projects and activities must be under operational agreements
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Cooperative Working Agreement Mutually agree to:
“Helping People Help the Land” Cooperative Working Agreement Mutually agree to: Provide leadership in natural resource conservation Listen Anticipate Respond to customer’s needs Decision making at lowest level
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Cooperative Working Agreement (cont’d) Mutually agree to:
“Helping People Help the Land” Cooperative Working Agreement (cont’d) Mutually agree to: Respect private property rights Advocate comprehensive resource management planning Maintain and improve grass-roots delivery system Build new alliance – expand partnerships
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Cooperative Working Agreement (cont’d) Mutually agree to:
“Helping People Help the Land” Cooperative Working Agreement (cont’d) Mutually agree to: Foster economically viable environmental policies Improve quality of life for future generations Conserve and enhance our natural resources
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Cooperative Working Agreement (cont’d) How to Get ‘er Done:
“Helping People Help the Land” Cooperative Working Agreement (cont’d) How to Get ‘er Done: Advance and practice teamwork Input in decision making process, coordination and cooperation Capacity building – shared training Share leadership and ownership ↔ credit and responsibility Put quality first Professionalism, dedication, and striving to improve
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Operational Agreements Optional
“Helping People Help the Land” Operational Agreements Optional Operational commitment between the local partners Developed as needed
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District Conservationist Communication
“Helping People Help the Land” District Conservationist Communication Resource issues Programs Establishing priorities Attend - Conservation District Board meetings – Report Support District priorities – (communicate)
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District Conservationist (can’t do) Handle funds or finances
“Helping People Help the Land” District Conservationist (can’t do) Handle funds or finances Hire, managing, supervising, evaluating or terminating conservation district personnel Manage district equipment or promote district services as a condition of Federal assistance
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“Helping People Help the Land”
Our GOAL: To be known as the Natural Resources Conservation Service (NRCS) providing assistance through local soil and water conservation districts.
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The Louisiana Association of
Conservation Districts (LACD) Unified forum for all LA SWCDs and supervisors LACD benefits SWCDs, farmers and land owners Managed by Executive Board of Directors President 1st Vice President 2nd Vice President Sec.-Treasurer Past Presidents Immediate Past V. Presidents Immediate Past Sec.-Treasurer Area V. Presidents Area Directors
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The National Association of Conservation Districts (NACD)
Represents nearly 3,000 Conservation Districts and almost 15,000 supervisors Facilitates conservation and orderly development of America’s land, water and related resources through local self-government Works with Congress to justify funding and support to federal conservation agencies District Capacity Building Operational needs and Services Council Executive Committee
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“What a frightful lack of foresight, and what terribly false economy it would be, if we did not go ahead with the soil conservation job” Hugh H. Bennett 34
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Supervisors Handbook Reference
Slide No. Handbook page No. State Law PPM 3-5 III 6-7 general reference §1204 § 9 I, II, 12 § § § ,10,12.15 § ,2,3,9,12 § § ,10,11 § § § , §1204 , 27, 41, 46 RS 36;628G §1208 31 III, 2, 5, 18, 23, 26, 27, 32, 39, 40 §1203, §1204 §1204 A.(1)(a)
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