South Dakota Codified Laws
Chapter 41 - Department Of Agriculture And Natural Resources
Section 1-41-23 - Establishment of the environment and natural resources fee fund--Source of fund--Administration--Expenditures--Unexpended funds.

1-41-23. Establishment of the environment and natural resources fee fund--Source of fund--Administration--Expenditures--Unexpended funds.
There is hereby established in the state treasury the environment and natural resources fee fund. Unless otherwise provided by law, this fund shall consist of all fees imposed pursuant to Titles 34A, 45, 46, and 46A, and chapters 1-41, 10-39B, and 34-44 and legislative appropriations, federal grants, gifts, and civil penalties designated for deposit in the fund. The fund shall be maintained separately and administered by the department to defray the expenses associated with the programs administered by the department and any other purpose authorized by law. Expenditures from the fund shall be budgeted through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature.

Source: SL 1992, ch 254, §95; SL 1994, ch 23, §1; SDCL §1-40-30; SL 2021, ch 1 (Ex. Ord. 21-3), §14, eff. Apr. 19, 2021.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 1 - State Affairs and Government

Chapter 41 - Department Of Agriculture And Natural Resources

Section 1-41-1 - Department continued.

Section 1-41-2 - Secretary as head of department.

Section 1-41-2.1 - Qualifications of secretary.

Section 1-41-3.2 - Office of agricultural and natural resources policy created--Responsibilities.

Section 1-41-3.3 - Divisions constituting department.

Section 1-41-3.4 - Limitation on stringency of certain rules.

Section 1-41-4 - Performance of functions of former department.

Section 1-41-4.1 - Performance of functions of abolished agencies.

Section 1-41-5 - Administrative functions performed for boards and commissions--Nomination of officers.

Section 1-41-6.1 - Conservation Commission within Division of Resource Conservation and Forestry--Functions performed by division.

Section 1-41-11 - Board of Water and Natural Resources created--Functions--Appointment and terms of members.

Section 1-41-11.1 - Officers of board--Quorum--Removal of members.

Section 1-41-11.2 - Water Management Board--Transfer of certain functions to Board of Water and Natural Resources.

Section 1-41-12 - State geologist--Duties.

Section 1-41-12.1 - Performance of functions of state geologist relating to oil and gas conservation.

Section 1-41-13 - Performance of administrative functions of conservancy district board.

Section 1-41-13.1 - Performance of nonadministrative functions of conservancy district board.

Section 1-41-14 - Performance of administrative development functions of Water Resources Commission.

Section 1-41-14.1 - Performance of nonadministrative development functions of former Water Resources Commission.

Section 1-41-15 - Water Management Board created--Appointment and terms of members.

Section 1-41-15.1 - Qualifications of Water Management Board members.

Section 1-41-15.2 - Quorum of Water Management Board.

Section 1-41-15.3 - Officers of Water Management Board--Meetings.

Section 1-41-15.4 - Functions of Water Management Board.

Section 1-41-15.5 - Water pollution control powers.

Section 1-41-16 - Environmental protection functions of department and secretary.

Section 1-41-17 - Water quality and hygiene functions.

Section 1-41-18 - Transfer of functions relating to air quality and solid waste, radiation monitoring, mineral exploration, and control of hazardous materials and wastes.

Section 1-41-19 - Board of Minerals and Environment--Composition--Appointment and terms of members.

Section 1-41-19.1 - Board of Minerals and Environment composed in conformance with Clean Air Act.

Section 1-41-19.2 - Officers of Board of Minerals and Environment--Quorum--Meetings.

Section 1-41-20 - Rejection of applications for certain environmental protection, mining, oil, and gas permits.

Section 1-41-21 - Registration for individual permits required by holders of certain general permits.

Section 1-41-22 - Report required following the issuance of uncontested permits.

Section 1-41-23 - Establishment of the environment and natural resources fee fund--Source of fund--Administration--Expenditures--Unexpended funds.

Section 1-41-23.1 - Transfer of funds to environment and natural resources fee fund from water and environment fund.

Section 1-41-24 - Full public disclosure of nonconfidential public records--Reproduction--Fee--Waiver--Response time to written requests--Denial of disclosure--Appeals--Promulgation of rules--Attorney's fees and costs for denial of access to hazardou...

Section 1-41-25 - Voluntary environmental audits--Assumption against civil or criminal penalties.

Section 1-41-25.1 - Application of environmental audit provisions--Discovery of violations.

Section 1-41-25.2 - Environmental audit subject to discovery--Summary of disclosed violation.

Section 1-41-25.3 - Use of environmental audit as defense.

Section 1-41-25.4 - Removal of regulated entity from environmental audit provisions.

Section 1-41-26 - Promulgation of rules governing inspection of certain concentrated animal feeding operations.

Section 1-41-27 - Electronic signatures permitted on certain documents.

Section 1-41-28 - Establishment of program to separate and recover recyclable materials--Inclusion of local government.

Section 1-41-28.1 - Promulgation of rules for state agency recycling programs.