Title 27A. Chapter 3, of the Oklahoma State Statutes, the Conservation District Act.
3-1-102. Legislative determination--Declaration of policy.
3-2-102. Perpetuation of soil and water conservation districts.
3-2-103. Executive Director, technical experts and employees – Office space.
3-2-104. Chairman, quorum and expenses.
3-2-105. Bonds of employees and officers--Records--Annual audit.
3-2-106. Powers and duties of Commission.
3-2-106b.Conservation Commission Tar Creek Mine Reclamation Revolving Fund.
3-2-107. Establishment and maintenance–Reports–List of permit approvals.
3-2-108. Wetlands Management Strategy--Exclusive jurisdiction--Contents--Submission to Legislature and other officials.
3-2-109. Concentrated Animal Feeding Operation Revolving Fund.
3-2-110. Oklahoma Conservation Commission Infrastructure Revolving Fund.
3-3-102. Board of directors - Officers--Filing notice of organization--Quorum--Voting.
Copies of ordinances, rules and regulations, etc., to Commission.
3-3-106. Authority to obtain loan or grant.
3-3-107. District as local agency.
3-3-108. Long-range program and annual work plan - Annual report - Dissemination of works and activities information.
3-3-109. Status of district's conservation plan.
3-3-110. Repealed by Laws 2008, c. 110, § 14, emerg. eff. May 2, 2008.
3-3-117. Financial or general obligation of state–Construction of act.
3-3-301. Date of election--Eligible voters.
3-3-302. Notice of filing period.
3-3-303. Filing period, notification and declaration of candidacy.
3-3-402. Certificate of Secretary of State as evidence.
3-3-403. Filing, recording, certification--Fees and charges.
3-3-404. County funds may be appropriated.
3-3-408. Requirements for funds to be expended.
3-3-409. Restriction on use of funds.
3-3-412. Operation and maintenance of structures for flood control.
3-3-413. Directors' participation in health or dental insurance plans.
3-3-414. Transfer of employee service time.
3-3-501. Creation of program - Purpose.
3-4-101. Short title – Legislative findings and intent.
3-4-102. Oklahoma Conservation Commission - Duties.
3-4-103. Acceptance of public and private funds.
3-4-104. Carbon Sequestration Assessment Cash Fund.
3-4-105. Carbon sequestration certification program - Applications - Fees.
This chapter shall be known and may be cited as the "Conservation District Act".
In recognition of the ever‑increasing demands on the renewable natural resources of the state and of the need to preserve, protect and develop such resources at such a rate and at such levels of quality as will meet the needs of the people of the state, it is hereby declared to be the policy of the State of Oklahoma to provide for the conservation of the renewable natural resources of this state, and for the control and prevention of soil erosion, and for the prevention of floodwater and sediment damages, and for furthering the conservation, development, utilization and disposal of water, and thereby to preserve and develop natural resources, control floods, conserve and develop water resources and water quality, prevent impairment of dams and reservoirs, preserve wildlife, preserve natural beauty, promote recreational development, protect the tax base, protect public lands and protect and promote the health, safety and general welfare of the people of this state. It is further the policy of the Legislature to authorize conservation districts established under the Conservation District Act to serve as the primary local unit of government responsible for the conservation of the renewable natural resources of this state, and competent to administer, in close cooperation with landowners and occupiers, with local governmental units, and with agencies of the government of this state and of the United States, projects, programs and activities suitable for effectuating the policy of the Conservation District Act. Provided, however, in those areas included within the existing jurisdiction of planning commissions created pursuant to the provisions of Titles 11 and/or 19, of the Oklahoma Statutes or their successors, such districts shall serve as the collateral units of government so responsible.
b. has a specific and continuous record of related and verifiable soil science work experience for two (2) years. Publications in a soil science publication or prior qualifications as an expert witness in administrative or judicial proceeding, hearing or trial shall be prima facie verification of experience related to soil science.
B. The entire territory of this state shall be included within conservation districts.
C. The Governor shall appoint one member from each of the five state areas as herein created, and each such member so appointed shall be, at the time of his appointment a Conservation District Director. Each member of the Oklahoma Conservation Commission shall be a Conservation District Director during the entire term as a Commission member. No fewer than three members of said Board shall be actively engaged in the practice of farming and/or ranching or shall derive at least a majority of their income from farming and/or ranching. As a condition to their appointment, such members shall be residents of the state area from which they are appointed. Such appointments shall be made by the Governor and shall be subject to confirmation by the Senate and such appointments shall be made by the Governor within thirty (30) days after the expiration of the terms of office of said members. Each member shall serve for a period of five (5) years, and shall be removed only for cause. In the event of a vacancy, the vacancy shall be filled in the same manner as the original appointment was made and by the same appointing authority.
D. The Commission shall keep a record of its official actions, shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold such public hearings and promulgate such rules and regulations as may be necessary for the execution of its functions under the Conservation District Act.
§27A-3-2-102. Perpetuation of soil and water conservation districts.
All soil and water conservation districts organized on the date of the adoption of the Conservation District Act are perpetuated and shall continue to exist as conservation districts under the Conservation District Act.
§27A-3-2-103. Executive Director, technical experts and employees - Office space.
3. Shall have authority to delegate to its chairman, to one or more of its members, or to one or more agents or employees, any powers and duties as it may deem proper.
B. Offices shall be provided by the Office of Management and Enterprise Services in Oklahoma City. Upon request of the Commission for the purpose of carrying out any of its functions, the supervising officer of any state agency, or of any state institution of learning, shall, insofar as may be possible under available appropriations and having due regard to the needs of the agency to which the request is directed, assign or detail to the Commission members of the staff or personnel of the agency or institution of learning, and make any special reports, surveys, or studies as the Commission may request.
§27A-3-2-104. Chairman, quorum and expenses.
The Commission shall reorganize annually and select a chairman from among its members who shall serve for one (1) year from the date of selection. A member of the Commission shall hold office so long as such member retains the office by virtue of which he shall be serving on the Commission. A majority of the Commission shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination. The chairman and members of the Commission shall be entitled to receive reimbursement for traveling expenses necessarily incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.
§27A-3-2-105. Bonds of employees and officers - Records - Annual audit.
3. Provide for and submit to an annual audit of its records and accounts of receipts and disbursements.
§27A-3-2-106. Powers and duties of Commission.
b. shall promulgate all rules establishing fees in accordance with the Administrative Procedures Act, which fees shall be fair and equitable to all parties concerned.
B. Nothing in this act shall take away any of the present duties or responsibilities delegated by law or constitution to other environmental agencies.
§27A-3-2-106a. Conservation Commission Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the Oklahoma Conservation Commission to be designated the "Conservation Commission Revolving Fund (#405)". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Conservation Commission from appropriations, fees, charges, penalties, and any other sources that are not designated for deposit to any other fund as authorized by law. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Conservation Commission to perform the duties imposed by 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.
§27A-3-2-106b. Conservation Commission Tar Creek Mine Reclamation Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the Oklahoma Conservation Commission to be designated the "Conservation Commission Tar Creek Mine Reclamation Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Conservation Commission from appropriations, fees, charges, penalties, federal grants 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 the Tar Creek superfund project. All monies accruing to the credit of said 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.
§27A-3-2-107. Establishment and maintenance - Reports - List of permit approvals.
A. The Conservation Commission may establish and maintain an environmental and natural resources geographic data base system. Such system shall include but not be limited to pollution complaints filed with the state environmental agencies and state agencies with limited environmental responsibilities, resolutions of complaints and such other data as funds become available and as may be desirable and necessary to provide public access to specific site information.
B. Not more than once each month, each state environmental agency and state agency with limited environmental responsibilities shall submit to the Conservation Commission a report listing the environmental pollution complaints received during the previous month. The report shall include the name of the complainant, if known, the address of the complainant, the location involved in the complaint, the name of the person or company and address thereof alleged to be responsible for the pollution and how the complaint was resolved. The report shall be in such form and made in such manner as is required by the Commission. The report shall be in writing or may be submitted in electronic data or machine-readable form at the discretion of the Commission.
C. The Commission shall annually submit a report to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor containing the total number of pollution complaints filed, the total number of complaints and type of complaints addressed by each state environmental agency, the total number of such complaints resolved, the total number of complaints remaining to be resolved, the average time frame for resolving such complaints, and the historical comparison of complaint resolution in previous years, and any other information which the Commission believes is pertinent in regard to pollution complaints.
D. The Conservation Commission may recover costs incurred in duplicating any reports made pursuant to the provisions of this section.
E. The Department of Environmental Quality shall routinely provide the Conservation Commission with a list of permit approvals for inclusion in the Commission's data base.
§27A-3-2-108. Wetlands Management Strategy - Exclusive jurisdiction - Contents - Submission to Legislature and other officials.
6. Define standards for critical wetlands and measures to ensure protection of property rights of landowners.
B. Upon completion, the Conservation Commission is to forward the Wetlands Management Strategy for the State of Oklahoma and to submit said Strategy to the President Pro Tempore of the Oklahoma Senate, the Speaker of the Oklahoma House of Representatives, and to the Secretary of the Environment or successor secretary position.
§27A-3-2-109. Concentrated Animal Feeding Operation Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the Oklahoma Conservation Commission, to be designated the "Concentrated Animal Feeding Operation Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of cost-share monies received by the Commission from the Concentrated Animal Feeding Operation Program. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Commission for the general operation of the Commission. 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.
§27A-3-2-110. Oklahoma Conservation Commission Infrastructure Revolving Fund.
A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Conservation Commission to be designated the "Oklahoma Conservation Commission Infrastructure Revolving Fund".
B. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma Conservation Commission from the apportionment of gross production tax revenues as prescribed by Section 1004 of Title 68 of the Oklahoma Statutes.
C. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Conservation Commission for the purpose of the rehabilitation of watershed dams and, for the Conservation Cost Share Program and the Conservation Reserve Enhancement Program.
D. 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.
E. No more than thirty percent (30%) of the monies in the fund shall be used for the payment of administrative expenses, salary or any other continuing obligation of the Oklahoma Conservation Commission; provided, however, such monies shall not be used for salary increases for employees.
F. The provisions of this section shall cease to have the force and effect of law on July 1, 2014. Any monies remaining in the fund created by this section on July 1, 2014, which have been encumbered, but not expended, may be expended according to the terms pursuant to which the monies were encumbered.
A district perpetuated by the provisions of the Conservation District Act shall constitute a governmental subdivision of this state, and a public body corporate and politic, exercising public powers.
§27A-3-3-102. Board of directors - Officers - Filing notice of organization - Quorum - Voting.
A. At the first meeting following each annual election, the board of directors shall organize and shall select and designate a chair, vice-chair and a treasurer. Notice of the new organization shall be filed with the Conservation Commission annually as prescribed by the Commission.
B. A majority of the directors shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination.
§27A-3-3-103. Secretary, technical experts and other employees - Legal assistance – Delegation of powers - Copies of ordinances, rules and regulations, etc., to Commission.
A. The directors of a district may employ a secretary, technical experts and other employees as necessary and determine their duties and compensation. Employees of a conservation district are at-will employees.
B. The district attorney within whose jurisdiction a majority of the area of the district is situated shall act as legal advisor for the board of directors and shall afford the board like representation as is now provided for other county officers. The directors may call upon the Attorney General of the state for such legal services as they may require, or may employ their own counsel.
C. The directors may delegate, to their chair, to one or more directors, or to one or more agents or employees such powers and duties as they may deem proper.
D. The directors shall furnish to the commission copies of such ordinances, rules, regulations, orders, contracts, forms and other documents as they shall adopt or employ, and such other information concerning their activities as it may require in the performance of its duties under the Conservation District Act.
§27A-3-3-104. Bonds - Records - Audits.
3. An annual audit or, at the Commission's discretion, a review or compilation in compliance with standards promulgated by the American Institute of Certified Public Accountants, provided that a complete audit shall be conducted at least every three (3) years of the receipts and disbursements which shall be filed with the commission and with the county clerk of each county within the conservation district.
11. Carry workers' compensation insurance, in its discretion, on any or all its employees, regardless of the nature of the work in which such employee or employees are engaged, such insurance to be carried with the State Insurance Fund, and to be paid for by each district out of the funds of such district.
B. As a condition to the extending of any benefits under the Conservation District Act to or the performance of work upon any lands not owned or controlled by this state or any of its agencies, the directors may require contributions in money, services, materials or otherwise to any operations conferring such benefits and may require land occupiers to enter into and perform such agreements or covenants as to the use of such lands as may be consistent with the purposes of the Conservation District Act.
C. No provisions with respect to the acquisition, operation or disposition of property by other public bodies shall be applicable to a district organized hereunder unless the Legislature shall specifically so state.
D. Soil and water conservation district directors have the authority to accept appointment to serve as members of local, municipal, county, regional and state planning agencies, boards, commissions and authorities and districts may participate in the funding thereof and performance of works and projects thereunder.
§27A-3-3-106. Authority to obtain loan or grant.
2. May enter into such contract, loan agreement or other administrative arrangement as may be lawfully required in connection with any such loan or grant; and in connection with any such loan or grant may pledge, encumber or obligate any property or income of the district.
§27A-3-3-107. District as local agency.
A. Any district organized under the Conservation District Act shall have power to serve as a local agency for operating and maintaining any project or program concerned with the conservation of renewable natural resources that is administered by any local, state, interstate or federal public agency, by entering into a contract or other appropriate administrative arrangement with the agency administering such project or program.
B. In serving as such local agency for any such project or program, the district may use any authority or funds available to it under the Conservation District Act which are required for such purposes.
C. 1. Any agency of the government of this state and any local political subdivision of this state is hereby authorized to make such arrangements with any district, through contract, regulation or other appropriate means, wherever it believes that such arrangements will promote administrative efficiency or economy.
2. In connection with any such arrangements, any state or local agency or political subdivision of this state is authorized, within the limits of funds available to it, to contribute funds, equipment, property or services to any district; and to collaborate with a district in jointly planning, constructing, financing or operating any work or activity provided for in such arrangements and in jointly acquiring, maintaining and operating equipment or facilities in connection therewith.
D. Any district may receive funds, property, equipment and services from any local, state, interstate or federal public agency, or from private donors, for use in serving as the local agency for operating and maintaining a program or project under any such contract or other arrangement.
§27A-3-3-108. Long-range program and annual work plan - Annual report - Dissemination of works and activities information.
A. 1. Each district organized under the Conservation District Act shall prepare and keep current a long-range program for the conservation of all the renewable natural resources of the district. The program shall be directed toward conservation of resources for their best uses and in a manner that will best meet the needs of the district and the state, and be consistent with the best uses of the renewable natural resources of the state.
f. provisions for coordination with other resource programs.
B. The district shall also prepare an annual work plan, that shall describe the action programs, services, facilities, materials, working arrangements and estimated funds needed to carry out the parts of the long-range program that are of the highest priorities.
C. 1. Every district shall publish an annual report of its plans, programs, activities, budget, receipts, and expenditures.
c. the status of all activities initiated under the program.
c. may publish additional information and reports as may be necessary and appropriate.
D. Every district shall, through public hearings, publications and other means, keep the general public, and all operators or occupiers of land within the district, informed of the works and activities planned and administered by the district, of the purposes these will serve, of the income and expenditures of the district, the purposes for which the funds are expended, and of the results achieved annually by the district.
E. Each district shall submit to the Commission its proposed long-range program and annual work plans for adoption, rejection, modification or revision.
§27A-3-3-109. Status of district's conservation plan.
A. The long-range resource conservation program, together with the supplemental annual work plans, developed by each district under the foregoing procedures shall have official status as the authorized program of the district, and it shall be published by the district as its "Resources Conservation Program". Copies shall be made available by the district to the appropriate counties, municipalities, special purpose districts and state agencies, and shall be made available in convenient places for examination by any public or private interest concerned. Summaries of the program and selected material therefrom shall be distributed as widely as feasible for public information.
B. Counties, municipalities and other public agencies of the state that are authorized by law to adopt zoning ordinances shall give the directors of the appropriate district opportunity to review and comment on proposed zoning ordinances and amendments affecting renewable natural resources and their uses directly affecting rural areas not within the jurisdictional area of any incorporated municipalities, metropolitan area, planning commission, or their successors.
C. The districts shall submit from time to time to any public agency authorized to adopt zoning ordinances applicable to any area within the district its recommended provisions for inclusion in zoning ordinances, where such provisions would help achieve the land use or other objectives of the district's Resources Conservation Program.
§27A-3-3-110. Repealed by Laws 2008, c. 110, § 14, emerg. eff. May 2, 2008.
It is policy of the Legislature to require mutual cooperation and assistance among the governing officers of the counties, cities, other municipalities, conservation districts, other special purpose districts and other political subdivisions of the state in all activities directly affecting the conservation of the renewable natural resources of this state, within the broad definition of these terms given in the Conservation District Act.
A. Any two or more districts organized under the provisions of the Conservation District Act may cooperate with one another in the exercise of any or all powers conferred in the Conservation District Act, and expend locally earned district funds in furtherance of such cooperation.
B. Any two or more districts may engage in joint activities by agreement between or among them in planning, financing, constructing, operating, maintaining and administering any program or project concerned with the conservation of renewable natural resources. The districts concerned may make available for purposes of the agreement any funds, property, personnel, equipment or services available to them under the Conservation District Act.
C. Any district may enter into such agreements with a district or districts in adjoining states to carry out such purposes if the law in such other states permits the districts in such states to enter into such agreements.
D. The Commission shall have authority to propose, guide and facilitate the establishment and carrying out of any such agreements.
A. The districts shall invite the appropriate counties, municipalities and special purpose districts or other governmental units to designate liaison representatives for consultation on each other's programs and plans for resource conservation. The counties, municipalities, special purpose districts and other governmental units are hereby authorized to appoint such liaison representatives and to participate in the preparation and coordination of local planning and programming for resource conservation. The districts shall designate liaison representatives to advise and consult with such other local agencies.
B. The districts shall consult and cooperate with state, regional, interstate and federal agencies to promote harmony and the avoidance of conflict in the programs and plans for resource conservation developed and carried out by any of them. The districts, other local agencies and the agencies of the government of this state shall provide for liaison and consultation among them for all programs that have direct impact on natural resources, including plans for public land acquisition and management, schools, dams and reservoirs, and other water management structures, highway locations, public utilities and subdivisions. Districts shall hold similar consultations with public and private agencies planning, constructing or operating transportation or communication facilities.
C. State agencies, the districts and other local agencies are authorized to make available to each other maps, reports and data in their possession that are useful in the preparation of their respective programs and plans for resource conservation. The districts shall keep the state and local agencies fully informed concerning the status and progress of the preparation of their resource conservation programs and plans.
D. The districts shall hold public hearings at appropriate times in connection with the preparation of programs and plans, shall give careful consideration to the views expressed and problems revealed in hearings, and shall keep the public informed concerning their programs, plans and activities. Agencies and individuals shall be invited to submit proposals for consideration at such hearings. The districts may supplement such hearings with meetings, referenda and other suitable means to determine the wishes of interested parties and the general public in regard to current and proposed plans and programs of a district. They shall confer with public and private agencies, individually and in groups, to give and obtain information and understanding of the impact of district operations upon agriculture, forestry, water supply and quality, flood control, particular industries, commercial concerns and other public and private interests, both rural and urban.
§27A-3-3-114. Purpose - Rules - Definition.
A. The Oklahoma Conservation Commission is hereby authorized to establish and administer a conservation cost-share program as funds become available. The conservation cost-share program shall provide monies to eligible persons for the purpose of implementing conservation or best management practices on such eligible land as described in conservation management plans according to rules promulgated by the Commission.
B. The Commission shall promulgate rules governing the cost-share program.
C. To implement the program, the Commission shall require conservation districts to enter into contracts for approved projects on eligible land detailing the eligible person's responsibilities.
b. reduce soil erosion, or both.
A. There is hereby created within the State Treasury a cost-share fund for the Oklahoma Conservation Commission to be designated the "Conservation Cost-Share Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Conservation Commission to implement and maintain the conservation cost-share program.
2. Interest attributable to investment of money in the Conservation Cost-Share Fund.
C. All donations or other proceeds received by the Commission pursuant to the provisions of this section shall be deposited with the State Treasurer to be credited to the Conservation Cost-Share Fund. Expenditures from the 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.
D. The monies deposited in the Conservation 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 the fund shall be transferred for any purpose to any other state agency or any account of the Conservation Commission or be used for the purpose of contracting with any other state agency or reimbursing any other state agency for any expense.
A. The Conservation Commission shall require applicants to submit information, forms and reports as are necessary to properly and efficiently administer the conservation cost-share program.
2. Enter into a contract with a conservation district detailing the responsibilities of the person.
C. Applications for funds shall be approved or denied by the conservation district in accordance with criteria promulgated by the Commission.
§27A-3-3-117. Financial or general obligation of state - Construction of act.
Nothing in this act or in the contract executed pursuant to Section 3 of this act shall be interpreted or construed to constitute a financial or general obligation of the state. No state revenue shall be used to guarantee or pay for any damages to property or injury to persons as a result of the provisions of this act or the contract.
A. The governing body of the district shall consist of five (5) directors, elected or appointed as provided in the Conservation District Act.
B. 1. Three directors shall be elected for a term of three (3) years and shall be elected for staggered terms beginning July 1 and ending June 30.
2. The three elected directors' positions shall be designated as position number one, position number two and position number three by the Commission.
3. To be eligible for election as a director of a conservation district, a person must be a registered voter in the district, and must be a cooperator of the district.
C. Two directors for each district shall be appointed by the Commission to serve a term of two (2) years beginning July 1 and ending June 30. The Commission shall issue a certificate of appointment to all appointed directors. Initially one director shall serve for a period of one (1) year and one director for a period of two (2) years.
D. Any director may be removed from office by the Commission, upon notice and hearing, for neglect of duty or for malfeasance in office.
E. All vacancies in the office of an elected or appointed director shall be filled for the unexpired term by the Commission.
F. Directors shall be entitled to be reimbursed by the district for actual expenses incurred in the official performance of their duties.
G. District directors may be paid a per diem for attending monthly district board meetings not to exceed Fifty Dollars ($50.00) per meeting as established by the Oklahoma Conservation Commission.
H. If any director shall, during their term of office as director, be elected or appointed to any county or state elective office, or if they shall file as a candidate for the nomination to be elected to any such other office, their office as director shall become vacant and the vacancy shall be filled by appointment of the Commission. Provided, that a district director may also serve on a board of education of a school district.
A. The board of directors shall appoint such advisory committees as may be needed to assure the availability of appropriate channels of communication to the board, to persons affected by district operations, and to local, regional, state and interstate special purpose districts and agencies responsible for community planning, zoning or other resource development activities.
B. The district shall keep such committees informed of its work, and such advisory committees shall submit recommendations from time to time to the board of directors.
§27A-3-3-301. Date of election - Eligible voters.
A. There shall be an election each year in every conservation district on the first Tuesday in June, which is hereby designated as Conservation District Day, to elect one director in each district.
B. All registered voters in a district shall be eligible to vote in the election.
§27A-3-3-302. Notice of filing period.
Each district shall give due notice of the filing period for election of district directors, during the first three (3) weeks in April, setting forth the period in which notifications and declarations of candidacy are to be filed.
Due notice shall be given in each district of the election. The last publication of the notice shall be not less than five (5) days before the date of the election. Said notice shall set forth the purpose, time, date, and polling places for the election.
§27A-3-3-303. Filing period, notification and declaration of candidacy.
Any person found eligible by the Commission to be elected a district director shall have their name placed on the official ballot, upon filing with the Commission a notification and declaration of candidacy, during the first two weeks in May. The notification and declaration shall be in the form prescribed by the Commission.
A. The Conservation Commission shall designate the polling places in the district.
B. The names of all candidates who have filed a proper notification and declaration and have been found eligible by the Commission within the time herein designated shall be printed on a ballot prescribed by the Commission.
C. The Commission shall declare the candidate receiving the largest number of votes cast in an election, elected.
D. When two or more candidates receive the same number of votes cast, a runoff election shall be held within thirty (30) days from date of the first election in the manner prescribed above.
E. The Commission shall prescribe rules for holding elections pursuant to the provisions of this section, pay for the elections, supervise the conduct and shall publish the results.
F. When only one qualified candidate files a notification and declaration of candidacy for the office of director in a district as provided herein, no election shall be necessary and the Commission shall declare the person elected.
G. The Commission shall issue a certificate to all elected directors signifying their election to the office of director of their district.
The name of any district may be changed by resolution of the board of directors thereof. Said resolution shall be submitted to the Commission, which shall present same to the Secretary of State who shall, if the Secretary of State finds that such name is not identical or so nearly similar to the name of another conservation district as to lead to confusion or uncertainty, file the resolution and issue a new certificate to the district showing the new name.
§27A-3-3-402. Certificate of Secretary of State as evidence.
In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding or action of a district, the district shall be deemed to have been established in accordance with the provisions of the Conservation District Act upon proof of the issuance of a certificate of organization to a soil conservation district or a soil and water conservation district by the Secretary of State. A copy of such certificate duly certified by the Secretary of State shall be admissible in evidence in any such suit, action or proceeding and shall be proof of the filing and contents thereof.
§27A-3-3-403. Filing, recording, certification - Fees and charges.
A conservation district shall not be liable for any fees or charges in connection with the filing, recording or indexing, in the office of the county clerk of any county of this state, of any instrument in favor of such district, or in connection with the certification, by such county clerk, of any copy of any instrument on file or of record in the office of such county clerk, desired by such district, but all such instruments presented by such district or the directors thereof for filing or recording shall be filed, recorded and indexed without charge, and such copies of instruments necessary by such district or the directors thereof shall be certified free of charge.
§27A-3-3-404. County funds may be appropriated.
In those counties of the state which contain in whole or in part a conservation district, the county excise board may, at it discretion, upon request of the directors of such conservation district, appropriate money from the county general fund for use by the district or districts serving the particular county from which the appropriation is made.
There is hereby created a revolving fund to be known as the Small Watersheds Flood Control Fund. Said fund shall consist of all monies appropriated to, deposited in or credited to said fund.
The Small Watersheds Flood Control Fund shall be under the control and supervision of the Oklahoma Conservation Commission and shall be paid on its itemized form which shall be audited by the said board and, upon final approval, vouchers which are payable from said fund shall be forwarded to the Director of the Office of Management and Enterprise Services, who shall audit the same and, upon approval thereof, warrants shall be issued according to law, and said warrants shall be paid by the State Treasurer from the said fund.
A. The Commission shall have authority to allocate to any conservation district in this state, from the Small Watersheds Flood Control Fund, such sum or sums as in the judgment of the said Commission may be necessary to enable such district to acquire real property or easements needed by such district to permit such district to install upstream flood control structures on rivers and streams and the tributaries thereof, including cooperative projects between such district and the United States government.
B. Monies from the fund may also be used for costs associated with the rehabilitation of flood control structures, including, but not limited to, landrights.
§27A-3-3-408. Requirements for funds to be expended.
None of the funds in the Small Watersheds Flood Control Fund shall be expended until eighty percent (80%) of the easements are obtained for the watershed project in which the money from the fund is to be used.
§27A-3-3-409. Restriction on use of funds.
No funds from the Small Watersheds Flood Control Fund shall be used to acquire, by condemnation, lands under and existing valid oil and gas mining lease from which oil and/or gas are being produced.
§27A-3-3-410. Payment of insurance premiums for employees.
The Oklahoma Conservation Commission is hereby authorized to equitably apportion and pay dependent health insurance premiums for local conservation district employees from funds appropriated for such purpose.
§27A-3-3-411. "Operation and maintenance" or "operate and maintain" - Interpretation.
A. Oklahoma has a large number of preventive and control measures and works of improvement that are operated and maintained by conservation districts and their assigns throughout the state. These preventive and control measures and works of improvement include, but are not limited to, flood control dams, erosion control practices, and channels constructed with the assistance of the United States Department of Agriculture (USDA) through USDA’s watershed programs.
2. Benefit the state and conservation districts.
§27A-3-3-412. Operation and maintenance of structures for flood control.
Except as otherwise provided by state or federal law, a conservation district’s responsibility for the operation and maintenance of any structure for the purpose of flood control pursuant to any contractual, statutory, regulatory or other legal authority or obligation, shall not be deemed to include maintaining, protecting or improving the quality of any soil, air, groundwater or surface water or biota affected by, near or comprising any part of the structure, including any water, soil or sediment pooled, impounded or diverted by the structure, including but not limited to, monitoring, limiting, or abating or otherwise controlling or eliminating any point source or nonpoint source pollution or any other biological, chemical, radiological or physical contamination by any source or mechanism.
§27A-3-3-413. Directors' participation in health or dental insurance plans.
Directors of a conservation district may elect to participate in the health or dental insurance plan offered by the conservation district to its employees as provided for in the State and Education Employees Group Insurance Act. The conservation district director shall pay the full cost of the insurance premium for the coverage at the rate prescribed by and pursuant to the terms and conditions of the health or dental plan.
§27A-3-3-414. Transfer of employee service time.
A conservation district employee who transfers to a state agency shall not lose the service time the employee has accrued for the purposes of calculating longevity benefits and leave benefits.
§27A-3-3-501. Creation of program - Purpose.
A. The Oklahoma Conservation Commission is hereby authorized to establish and administer the Oklahoma Conservation Commission Municipal Infrastructure Cost-Share Program as funds become available and otherwise appropriated. The Oklahoma Conservation Commission Municipal Infrastructure Cost-Share Program shall provide monies to eligible communities and rural water districts for the purpose of implementing conservation or best management practices on such eligible land pursuant to priority watershed work or Conservation Reserve Enhancement Program (CREP) work, or watershed rehabilitation or watershed operation and maintenance work in accordance to rules promulgated by the Commission.
B. The Commission shall promulgate rules as necessary to implement the provisions of this act.
A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Conservation Commission to be designated the "Oklahoma Conservation Commission Municipal Infrastructure Cost-Share Revolving Fund".
B. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma Conservation Commission in the form of gifts, grants, reimbursements, donations, industry contributions, state appropriations, funds allocated by federal agencies for cost-share programs and such other monies specifically designated for the Oklahoma Conservation Commission Municipal Infrastructure Cost-Share Program. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Commission for the Municipal Infrastructure Conservation Cost-Share Program; and interest attributable to investment of money in the Oklahoma Conservation Commission Municipal Infrastructure Cost-Share Revolving Fund.
C. All donations or other proceeds received by the Commission pursuant to the provisions of this section shall be deposited with the State Treasurer to be credited to the Oklahoma Conservation Commission Municipal Infrastructure Cost-Share Revolving Fund. Expenditures from the 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.
D. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Conservation Commission for the purpose of matching municipal or rural water district funds for the rehabilitation of watershed dams and for the Conservation Cost-Share Program and the Conservation Reserve Enhancement Program pursuant to the Oklahoma Conservation Commission Municipal Infrastructure Cost-Share Program.
E. Expenditures from the 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.
F. No more than five percent (5%) of the monies in the fund shall be used for the payment of administrative expenses, salary or any other continuing obligation of the Oklahoma Conservation Commission.
§27A-3-4-101. Short title – Legislative findings and intent.
A. This article shall be known and may be cited as the "Oklahoma Carbon Sequestration Enhancement Act".
3. It is in the interest of the citizens of this state that the Oklahoma Conservation Commission document and quantify carbon sequestration associated with carbon sequestration practices.
C. It is the intent of the Legislature that such efforts to document and quantify carbon sequestration associated with carbon sequestration practices will enhance the ability of the state's landowners, well owners and mineral owners to participate in any system of carbon dioxide emissions marketing or trading that may be developed in the future.
5. Other methods of sequestering, displacing or avoiding carbon dioxide emissions approved by the Oklahoma Conservation Commission.
§27A-3-4-102. Oklahoma Conservation Commission - Duties.
2. Identify areas of research needed to better understand and quantify carbon sequestration and storage involved in carbon sequestration practices within the state.
§27A-3-4-103. Acceptance of public and private funds.
The Oklahoma Conservation Commission may apply for and accept grants, gifts, or other sources of public and private funds to carry out the purposes of the Oklahoma Carbon Sequestration Enhancement Act.
§27A-3-4-104. Carbon Sequestration Assessment Cash Fund.
The "Carbon Sequestration Assessment Cash Fund" is hereby created. The fund shall be used by the Oklahoma Conservation Commission to carry out the Oklahoma Carbon Sequestration Enhancement Act. The State Treasurer shall credit to the fund any money appropriated to the fund by the Legislature and any money received as gifts, grants, or other contributions from public or private sources obtained for the purposes of the Oklahoma Carbon Sequestration Enhancement Act.
§27A-3-4-105. Carbon sequestration certification program - Applications - Fees.
A. The Oklahoma Conservation Commission is hereby authorized to establish and administer the carbon sequestration certification program. The purposes of the program are to provide a mechanism for creating and preserving carbon reserves in this state by encouraging voluntary practices that protect or improve natural resources, to enable Oklahomans to participate in market-based programs for natural resource protection, to provide a mechanism for Oklahomans to benefit from the ecosystem services they provide, to verify carbon sequestration or storage associated with carbon sequestration practices, and to issue carbon sequestration certificates associated with carbon sequestration practices that the Commission determines qualify for such certificates.
B. The Commission, in consultation with the Department of Environmental Quality and with the advice of the carbon sequestration stakeholder groups appointed by the Commission, shall develop and promulgate rules as necessary to administer, implement and enforce the provisions of this act, including, but not limited to, developing and implementing uniform standards and criteria for verifying carbon sequestration and storage associated with carbon sequestration practices and issuing carbon sequestration certificates associated with approved carbon sequestration practices. In promulgating the rules, the Commission shall develop the program to be as consistent as possible with other governmental programs designed to create carbon reserves for the purpose of voluntarily reducing greenhouse gases or designed to certify carbon sequestration practices.
C. In order for carbon sequestration to be verified and certified under this section, an applicant shall file an application with the Commission. Along with the application, the applicant shall submit a resource management plan, or a project plan as applicable, detailing activities that will increase or maintain existing trapped carbon including, but not limited to, improved forest management, alteration of or changes in silviculture practices, and growing of designated crops and any other such practices including, but not limited to, the capture and sequestration of carbon dioxide emissions through injection of carbon dioxide underground.
D. The Commission shall require applicants to submit such information, forms, and reports as are necessary to properly and efficiently administer the program.
E. Prior to granting a carbon sequestration certificate, the Commission shall adopt criteria associated with the approved carbon sequestration practice for which an application is submitted. In addition, the Commission shall determine, based upon compliance with the site criteria, the volume or numerical amount of credits or offsets achievable by the specific carbon sequestration practice.
F. Applications for a carbon sequestration certificate shall be approved or denied in accordance with criteria promulgated by the Commission.
G. The Commission is authorized to establish fees associated with the carbon sequestration certification program.
NOTE: Clicking on any link below will take you to the matching section of the Act located on the Oklahoma Supreme Court Network website. To return to this table of contents, click on the "Back" button on your browser.
§ 3-2-103. Executive Director, Technical Experts and Employees, Office Accommodations, Supplies and Equipment.
§ 3-2-107. Establishment and Maintenance of Environmental and Natural Resources Geographic Data Base System.
§ 3-3-103. Secretary, Technical Experts, and Employees - Legal Services - Delegation of Powers and Duties - Copies of Ordinances, Rules, Regulations, etc.
§ 3-3-411. Interpretation of "Operation and Maintenance"


2.	The defendant knowingly and voluntarily waives the rights set out in Paragraph 1(c)-(f) above. The defendant also knowingly and voluntarily waives the right to file any appeal, any collateral attack, or any other writ or motion, including but not limited to an appeal under 18 U.S.C. § 3742, that challenges the sentence imposed by the Court if that sentence is consistent with the recommended sentence in Paragraph 8 of this Plea Agreement, regardless of how the sentence is determined by the Court. This agreement does not affect the rights or obligations of the United States as set forth in 18 U.S.C. § 3742(b)-(c). The defendant will plead guilty to the Indictment in this case, which charges it with participating in a conspiracy to suppress and eliminate competition by submitting rigged bids on contracts for the installation of commercial refrigeration in the Phoenix, Arizona metropolitan area beginning in or around January 2005 and continuing until May 16, 2005 in violation of the Sherman Antitrust Act, 15 U.S.C. § 1.
For purposes of this Plea Agreement, the "relevant period" is that period beginning in or around January 2005 and continuing until May 16, 2005. During the relevant period, the defendant was a company existing under the laws of the State of Arizona with its principal place of business in Phoenix, Arizona. During the relevant period, the defendant was an installer of commercial refrigeration and was engaged in the installation of commercial refrigeration in the Phoenix, Arizona metropolitan area and elsewhere. Commercial refrigeration includes the refrigerated cases in grocery stores such as deli, dairy and frozen food cases. During the relevant period, Kendall Pope was the president and co-owner of the defendant.
During the relevant period, the defendant, through Kendall Pope, participated in a conspiracy with an entity existing under the laws of the State of California, with its principal place of business in Anaheim, California ("Company A") through its regional manager, James Govostes. Company A was also engaged in the installation of commercial refrigeration, and the primary purpose of the conspiracy was to suppress and eliminate competition by submitting rigged bids on contracts for the installation of commercial refrigeration to Safeway Inc. ("Safeway") in the Phoenix, Arizona metropolitan area. In furtherance of the conspiracy, the defendant, through Kendall Pope, engaged in conversations with Company A, through James Govostes, during which they discussed the submission of bids for commercial refrigeration installation projects let by Safeway. During those conversations, the defendant, through Kendall Pope, and Company A, through James Govostes, agreed to do the following: 1) submit rigged bids for the installation of commercial refrigeration to Safeway in the Phoenix, Arizona metropolitan area; 2) raise margins on commercial refrigeration projects for Safeway; and 3) allocate bids for commercial refrigeration projects for Safeway among themselves based on which co-conspirator's company had a maintenance agreement in place at the particular Safeway store for which bids were let. The defendant, through Kendall Pope, and Company A, through James Govostes, also agreed upon who would submit the low bid for the commercial refrigeration project at Safeway Store #2088.
In accordance with the agreement, the defendant, through Kendall Pope, and Company A, through James Govostes, submitted rigged bids to Safeway for the commercial refrigeration project at Safeway Store #2088.
During the relevant period, substantial quantities of refrigeration fixtures, materials, and equipment, necessary for the defendant and Company A to perform commercial refrigeration installation projects in the Phoenix, Arizona metropolitan area, were transported across state lines in a continuous and uninterrupted flow of interstate commerce and in a manner substantially affecting interstate commerce. The business activities of the defendant and Company A related to the installation of commercial refrigeration affected by this conspiracy were within the flow of, and substantially affected, interstate trade and commerce.
During the relevant period, both the general business activities of the victim, Safeway Inc., which is headquartered in California, and the commercial refrigeration installation activities of the defendant, headquartered in Arizona, were conducted across state lines and had a not insubstantial effect on interstate commerce. Safeway does business throughout the United States.
Acts in furtherance of this conspiracy were carried out within the District of Arizona. The commercial refrigeration installation projects that were affected by this conspiracy were located in the Phoenix, Arizona metropolitan area.
pursuant to 18 U.S.C. § 3013(a)(2)(B), the Court is required to order the defendant to pay a $400 special assessment upon conviction for the charged crime.
8.	Pursuant to Fed. R. Crim. P. 11(c)(1)(C), the United States and the defendant agree that they will jointly recommend, as the appropriate disposition of this case, that the Court impose a sentence within the applicable Guidelines range requiring the defendant to pay to the United States a criminal fine of $55,000, payable in full before the forty-fifth (45th) day after the date of judgment with interest accruing under 18 U.S.C. § 3612(f)(1)-(2) ("the recommended sentence"). The parties agree that there exists no aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the U.S. Sentencing Commission in formulating the Sentencing Guidelines justifying a departure pursuant to U.S.S.G. §5K2.0. The parties agree not to seek or support any sentence other than the recommended sentence. The parties further agree that the recommended sentence set forth in this Plea Agreement is reasonable.
The defendant understands that the Court will order it to pay a $400 special assessment, pursuant to 18 U.S.C. § 3013(a)(2)(B), in addition to any fine imposed.
9.	Subject to the ongoing, full, and truthful cooperation of the defendant described in Paragraph 11 of this Plea Agreement, and before sentencing in the case, the United States will fully advise the Court and the Probation Office of the fact, manner, and extent of the defendant's cooperation and its commitment to prospective cooperation with the United States' investigation and prosecutions, all material facts relating to the defendant's involvement in the charged offense, and all other relevant conduct.
If the Court does not accept the recommended sentence, the United States and the defendant agree that this Plea Agreement, except for Paragraph 10(b) below, shall be rendered void.
If the Court does not accept the recommended sentence, the defendant will be free to withdraw its guilty plea (Fed. R. Crim. P. 11(c)(5) and (d)). If the defendant withdraws its plea of guilty, this Plea Agreement, the guilty plea, and any statement made in the course of any proceedings under Fed. R. Crim. P. 11 regarding the guilty plea or this Plea Agreement or made in the course of plea discussions with an attorney for the government shall not be admissible against the defendant in any criminal or civil proceeding, except as otherwise provided in Fed. R. Evid. 410. In addition, the defendant agrees that, if it withdraws its guilty plea pursuant to this subparagraph of the Plea Agreement, the statute of limitations period for any offense referred to in Paragraph 16 of this Plea Agreement will be tolled for the period between the date of the signing of the Plea Agreement and the date the defendant withdrew its guilty plea or for a period of sixty (60) days after the date of the signing of the Plea Agreement, whichever period is greater.
using its best efforts to secure the ongoing, full, and truthful cooperation, as defined in Paragraph 12 of this Plea Agreement, of the current directors, officers, and employees of the defendant as may be requested by the United States, including making these persons available, at the defendant's expense, for interviews and the provision of testimony in grand jury, trial, and other judicial proceedings in connection with any Federal Proceeding.
agreeing that, if the agreement not to prosecute him or her in this Plea Agreement is rendered void under Paragraph 14(c), the statute of limitations period for any Relevant Offense as defined in Paragraph 14(a) will be tolled as to him or her for the period between the date of the signing of this Plea Agreement and six (6) months after the date that the United States gave notice of its intent to void its obligations to that person under the Plea Agreement.
13.	Upon acceptance of the guilty plea called for by this Plea Agreement and the imposition of the recommended sentence, and subject to the cooperation requirements of Paragraph 11 of this Plea Agreement, the United States agrees that it will not bring further criminal charges against the defendant for any act or offense committed before the date of this Plea Agreement that was undertaken in furtherance of an antitrust conspiracy involving the installation of commercial refrigeration in the Phoenix, Arizona metropolitan area. The nonprosecution terms of this paragraph do not apply to civil matters of any kind, to any violation of the federal tax or securities laws, or to any crime of violence.
Documents provided under Paragraphs 11(a) and 12(a) shall be deemed responsive to outstanding grand jury subpoenas issued to the defendant.
15.	The defendant has been represented by counsel and is fully satisfied that its attorneys have provided competent legal representation. The defendant has thoroughly reviewed this Plea Agreement and acknowledges that counsel has advised it of the nature of the charge, any possible defenses to the charge, and the nature and range of possible sentences.
16.	The defendant's decision to enter into this Plea Agreement and to tender a plea of guilty is freely and voluntarily made and is not the result of force, threats, assurances, promises, or representations other than the representations contained in this Plea Agreement. The United States has made no promises or representations to the defendant as to whether the Court will accept or reject the recommendations contained within this Plea Agreement.
17.	The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant has failed to provide full and truthful cooperation, as described in Paragraph 12 of this Plea Agreement, or has otherwise violated any provision of this Plea Agreement, the United States will notify counsel for the defendant in writing by personal or overnight delivery or facsimile transmission and may also notify counsel by telephone of its intention to void any of its obligations under this Plea Agreement (except its obligations under this paragraph), and the defendant shall be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement. The defendant may seek Court review of any determination made by the United States under this Paragraph to void any of its obligations under the Plea Agreement. The defendant agrees that, in the event that the United States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant for any offense referred to in Paragraph 14 of this Plea Agreement, the statute of limitations period for such offense will be tolled for the period between the date of the signing of this Plea Agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.
18.	The defendant understands and agrees that in any further prosecution of it resulting from the release of the United States from its obligations under this Plea Agreement, because of the defendant's violation of the Plea Agreement, any documents, statements, information, testimony, or evidence provided by it or its current directors, officers, or employees of it to attorneys or agents of the United States, federal grand juries, or courts, and any leads derived therefrom, may be used against it in any such further prosecution. In addition, the defendant unconditionally waives its right to challenge the use of such evidence in any such further prosecution, notwithstanding the protections of Fed. R. Evid. 410.
19.	This Plea Agreement constitutes the entire agreement between the United States and the defendant concerning the disposition of the criminal charge in this case. This Plea Agreement cannot be modified except in writing, signed by the United States and the defendant.
20.	The undersigned is authorized to enter this Plea Agreement on behalf of the defendant as evidenced by the Resolution of the Board of Directors of the defendant attached to, and incorporated by reference in, this Plea Agreement.
21.	The undersigned attorneys for the United States have been authorized by the Attorney General of the United States to enter this Plea Agreement on behalf of the United States.
22.	As the duly authorized representative of the defendant, I have read each of the provisions of the entire plea agreement with the assistance of counsel, and understand its provisions.
23.	I have discussed the case, the defendant's constitutional rights, and other rights with the defendant's attorney. I understand that by entering my plea of guilty the defendant will be giving up its rights to plead not guilty, to trial by jury, to confront, cross-examine, and compel the attendance of witnesses, to present evidence in its defense -- all with the assistance of counsel -- and to be presumed innocent until proven guilty beyond a reasonable doubt.
24.	The defendant agrees to enter its guilty plea as indicated above on the terms and conditions set forth in this agreement.
25.	I have been advised by the defendant's attorney of the nature of the charges to which the defendant is entering its guilty plea. I have further been advised by the defendant's attorney of the nature and range of the possible sentence and that the defendant's ultimate sentence will be determined according to the guidelines promulgated pursuant to the Sentencing Reform Act of 1984. I further understand that, under certain limited circumstances, the court may depart upward or downward from the calculated guideline range.
26.	The defendant's guilty plea is not the result of force, threats, assurances or promises other than the promises contained in this agreement. The defendant agrees to the provisions of this agreement as a voluntary act on its part rather than at the direction of or because of the recommendation of any other person. The defendant further agrees to be bound by this agreement's provisions.
27.	I agree that this written plea agreement contains all the terms and conditions of the defendant's plea and that promises made by anyone (including the defendant's attorney), and specifically any predictions as to the guideline range applicable, that are not contained within this written plea agreement are without force and effect and are null and void.
28.	I am satisfied that the defendant's attorney has represented the defendant in a competent manner.
29.	I am fully capable of understanding the terms and conditions of this plea agreement. I am not now on or under the influence of any drug, medication, liquor, or other intoxicant or depressant, which could impair my ability to fully understand the terms and conditions of this plea agreement.
30.	I have discussed this case and the plea agreement with my client, in detail and have advised the defendant of all matters within the scope of Fed. R. Crim. P. 11, the constitutional and other rights of an accused, the factual basis for and the nature of the offense to which the guilty plea will be entered, possible defenses, and the consequences of the guilty plea including the maximum statutory sentence possible. I have further discussed the sentencing guideline concept with the defendant. No assurances, promises, or representations have been given to me or to the defendant by the United States or by any of its representatives which are not contained in this written agreement. I concur in the entry of the plea as indicated above and on the terms and conditions set forth in this agreement as in the best interests of my client. I agree to make a bona fide effort to ensure that the guilty plea is entered in accordance with all the requirements of Fed. R. Crim. P. 11.
31.	I have reviewed Alliance Mechanical, LLC's matter and this plea agreement. I agree on behalf of the United States that the terms and conditions set forth are appropriate and are in the best interests of justice.


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Prott, Lyndel V. (2012). Inalienability and other modes of protection in current legal systems. In: Marie Cornu, Jérôme Fromageau, Jean-François Poli and Anne-Christine Taylor, Proceedings of the international conference organized by Research Centre on the right of cultural and natural heritage. L’inaliénabilité des collections, performances et limites?, Paris, France, (75-120). 2-3 March 2010.
Prott, L.V. (2011). Getting It Back: Future Development of International Co-operation for the Return of Cultural Property. In: UNESCO International Forum on the Return of Cultural Property, Paris, France, (). 19 July 2011.
Prott, L. V. (2011). The 1970 UNESCO and 1995 UNIDROIT Conventions: Where are we now?. In: International Workshop on Illicit Traffic of Cultural Objects: Law, Ethics and the Realities, University of Western Australia, Perth, WA, (). 4-5 August 2011.
Prott, L. V. (2011). "Ethics and Law of Collecting Art: Appreciation, accumulation, devastation?”. In: Public lecture, University of Western Australia, (). 2 August 2011.
Prott, Lyndel (2011). Strengths and weaknesses of the 1970 Convention: An evaluation 40 years after its adoption. In: Background paper for participants in the meeting: The fight against the illicit trafficking of cultural objects: The 1970 convention: Past and future. Meeting to Commemorate the 40th Anniversary of the 1970 Convention, Paris, France, (1-11). 15-16 March 2011.
Prott, Lyndel V. (2010). The development of legal protection for the underwater cultural heritage. In: Proceedings from the International Roundtable Meeting on the Protection of Underwater Cultural Heritage. International Roundtable Meeting on the Protection of Underwater Cultural Heritage, Kiao-Sung, Taiwan, Republic of China, (19-56). 13-18 November 2006.
Lyndel Prott (2009). Witnesses to History – Documents and Writings on the Return of Cultural Objects. In: 15th session of the UNESCO Intergovernmental Committee for promoting the return of cultural property to its countries of origin or its restitution in case of illicit appropriation, Paris, (). 11-13 May, 2009.
Prott, Lyndel (2013) Draft operational guidelines for the better implementation of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970. C70/13/1.SC/INF.2/REV2, UNESCO, UNESCO.

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"All that we spiritually know of ourselves, all that we know of God, and of Jesus, and His Word, we owe to the teaching of the Holy Spirit; and all the real light, sanctification, strength and comfort we are made to possess on our way to glory, we must ascribe to Him. . . . Where He is honoured, and adoring thoughts of His person, and tender, loving views of His work are cherished, then are experienced, in an enlarged degree, His quickening, enlightening, sanctifying and comforting influence" (Octavius Winslow).
Pentecost is the day in the church calendar that typically comes on the 50th day after the Sabbath of Passover. This year that day was celebrated two weeks ago on June 4. As you probably know, it was on the Day of Pentecost in Acts 2 that the Holy Spirit was poured out on the followers of Jesus. This was the event that fulfilled the prophecy of Jesus to his disciples in Luke 24:49 – “And behold,” said Jesus, “I am sending the promise of my Father upon you. But stay in the city until you are clothed with power from on high.” Clearly, then, the focus of Pentecost is the coming of the Holy Spirit, his indwelling presence in our lives, and the power that he brings to enable us to do what we otherwise could never accomplish.
What exactly happened on that day? Let me respond to this question with two answers. First, the events of Pentecost were a singular phenomenon in history. In other words, there is only one Day of Pentecost when the Holy Spirit was poured out on the people of God. It was historically unique, which means that it is not correct to speak of people elsewhere throughout the world, down through the centuries, each experiencing their own Pentecost.
However, it is equally important to remember that although the Day of Pentecost and the outpouring of the Holy Spirit could only happen once, as a singular event in redemptive history, the effects or aftermath or fruit of the Spirit’s coming are experienced at all times throughout the course of church history. Let me try to explain this in simple terms.
We are told in Acts 2:2-3 that when the Spirit came there was “a sound like mighty rushing wind” that filled the house where they were gathered. This makes perfect sense given the fact that the Greek word for Spirit is also the Greek word for wind or breath. “Wind” is a recurring sign of or reference to the Spirit (cf. John 3:8; Ezek. 37:9-14). But we do not expect that this same sound of “rushing wind” will occur again and again every time someone receives the power of the Spirit.
Likewise, we are told in v. 3 that “tongues as of fire” appeared to everyone and “rested” on each one of them. A more literal translation of v. 3 would be that these tongues of fire were “divided” and “rested on each one of them” (v. 3). Why is that important? Because under the old covenant, before the coming of Jesus, the Spirit ministered corporately and only came on selected individuals personally (kings, priests, prophets, etc.). In the new covenant the Spirit now comes upon and resides within each believer individually. This is the “democratization” of the Spirit!
This point is reinforced in v. 17 where Peter quotes the prophecy of Joel to the effect that when the Spirit comes he will be poured out “on all flesh,” that is to say, not just kings and prophets and priests but on every child of God: every man and woman, every son and daughter, young and old (see Acts 2:17).
Look closely at the extent of the Spirit’s presence: “all flesh” (v. 17), i.e., irrespective of age (“old men” and “young men”), gender (“sons” and “daughters” and “male servants” and “female servants”), social rank (“servants”), or race (“all flesh”; cf. v. 39; i.e., both Jew and Gentile).
So it would appear that flames of “fire” in the shape of the human tongue rested on the heads of each person present. This was to serve both as a sign of God’s powerful presence and as a sign of the gift of speaking in tongues that was to follow.
These two sensory phenomena of both sound and sight were a one-time occurrence that marked the Spirit’s entrance into the life of all God’s people. Whereas I would never say that God couldn’t do this yet again, I don’t believe he will. I think these two sensory phenomena were uniquely tied to the one event of the Spirit’s coming at Pentecost.
Having said that, and this is my second response to the question I asked above, what the disciples of Jesus experienced as a result of the Spirit’s descent is something that we most assuredly should expect and pray for. The Spirit himself comes only once. He is now here. He doesn’t need to repeat his arrival as occurred on Pentecost. But what he did among the disciples at Pentecost in the first century he most certainly continues to do among all God’s people in every subsequent century.
Look again at the opening words of v. 17. There Peter, quoting Joel, tells us that what is happening then on the Day of Pentecost is something that is to characterize “the last days.” Let me emphasize the word “characterize.” Some have tried to argue that the events that occurred on the Day of Pentecost back in the first century were designed solely to launch or inaugurate or jump-start the age of the New Covenant. Now, make no mistake, the coming of the Spirit in power on Pentecost most assuredly did launch or jump-start the New Covenant age in which we now live. But what the Spirit did on that day centuries ago is also designed by God to characterize the experience of God’s people throughout the course of this age until Jesus comes back.
The “last days” that Joel had in view when he uttered this prophecy back in the late 7th or early 6th century b.c. is the entire present age in which we now live. In other words, the “last days” began on the Day of Pentecost and extend all the way until Jesus returns. The “last days” or the era of the New Covenant have now extended for nearly 2,000 years. Most Christians make the mistake of thinking that when the NT speaks of the “last days” it has in view the final few years of human history immediately preceding the Second Coming of Christ. No. See 2 Tim. 3:1; Heb. 1:1-2; 9:26; James 5:3; 1 Peter 1:20; 1 John 2:18; cf. also 1 Cor. 10:11; 1 Tim. 4:1.
Thus what we read in Acts 2:17-21 is a description of what the Holy Spirit does in and through and on behalf of God’s people throughout the entire course of this present age.
So what is the meaning of Pentecost? I’ll give five brief answers to that question.
(1) This is not the first appearance of the Holy Spirit in human history. The Holy Spirit was extremely active throughout the time of the Old Testament. However, it is the first appearance of the fullness of the Spirit to empower and permanently indwell and encourage and enable all of God’s people individually.
(2) The events of Pentecost are the fulfillment of three prophetic words: first, the prophecy of Joel 2:28-32 (in accordance with the terms of the New Covenant); second, the prophecy of John the Baptist in Matthew 3:11-12; third, the prophecy of Jesus in John 14-16 (concerning the “other Comforter”).
“This Jesus God raised up, and of that we are all witnesses. Being therefore exalted at the right hand of God, and having received from the Father the promise of the Holy Spirit, he [Jesus] has poured out this that you yourselves are seeing and hearing” (Acts 2:32-33).
But Pentecost is not simply the Holy Spirit coming to the church but Christ himself coming to the church in the person of the Holy Spirit. See John 14:18; Rom. 8:9-10.
(4) Pentecost is the birthday of the Church, the universal body of Christ. People often ask the question: When did the Church begin? What was its birthday? The simplest answer is: Today, the Day of Pentecost, when the risen Lord Jesus Christ poured out the Spirit and formed his people into a living, spiritual organism called the Body of Christ, the Church.
Finally, I want to conduct a very quick overview of the book of Acts so that you may see what the Holy Spirit does. In other words, this is why the Holy Spirit was given.
“Then Peter, filled with the Holy Spirit, said to them . . .” (Acts 4:8).
“When they deliver you over, do not be anxious how you are to speak or what you are to say, for what you are to say will be given to you in that hour. For it is not you who speak, but the Spirit of your Father speaking through you” (Matt. 10:20).
The Holy Spirit was already indwelling Peter, but on this occasion an extraordinary impartation of power was needed. We read of much the same thing later in Acts 4.
“And when they had prayed, the place in which they were gathered together was shaken, and they were all filled with the Holy Spirit and continued to speak the word of God with boldness” (Acts 4:31).
Don’t miss the causal connection between being filled with the Spirit and speaking or proclaiming the gospel of God fearlessly or boldly (cf. Acts 5:32; 6:10; 9:17-19; 13:9-11; 18:25).
This was especially the case when Stephen was testifying to the religious leaders about Jesus. In the face of certain death, Stephen found courage and power and boldness to unashamedly proclaim the truth of the gospel. How did he do it? Here is what we read in Acts 7.
“Now when they [the religious leaders] heard these things they were enraged, and they ground their teeth at him. But he [Stephen], full of the Holy Spirit, gazed into heaven and saw the glory of God, and Jesus standing at the right hand of God. And he said, ‘Behold, I see the heavens opened, and the Son of Man standing at the right hand of God’” (Acts 7:54-56).
In other words, we may be filled with the Spirit in a spiritual emergency. This is an immediate and special endowment of power to fulfill an especially important and urgent task. Thus, someone who is already full of the Spirit may experience a further/additional filling. That is, no matter “how much” of the Holy Spirit one may have, there’s always room for “more” (see Acts 4:8,31; 13:9; Luke 1:41,67).
“And Stephen, full of grace and power, was doing great wonders and signs among the people” (Acts 6:8; cf. Acts 4:30; 10:38).
In the writings of Luke, the word “power” is almost always a synonym for the Holy Spirit.
“And the Spirit said to Philip, ‘Go over and join this chariot’” (Acts 8:29; see v. 39; see also Acts 10:19-20; 11:12).
“While they worshiping the Lord and fasting, the Holy Spirit said, ‘Set apart for me Barnabas and Saul for the work to which I have called them’. . . So, being sent out by the Holy Spirit . . .” (Acts 13:2, 4).
Likewise, we read in Acts 16 of how Paul was re-directed into Macedonia.
“And they went through the region of Phrygia and Galatia, having been forbidden by the Holy Spirit to speak the word in Asia. And when they had come up to Mysia, they attempted to go into Bithynia, but the Spirit of Jesus did not allow them” (Acts 16:6-7; cf. 15:28; 19:21; 21:22-23).
“And one of them named Agabus stood up and foretold by the Spirit that there would be a great famine over all the world (this took place in the days of Claudius)” (Acts 11:28; see also 21:4, 10-11).
“And when Paul laid his hands on them, the Holy Spirit came on them, and they began speaking in tongues and prophesying” (Acts 19:6).

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