Ask NASCA › Cooperator Confidentiality
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Mike Brown
I am aware of statute in Utah that deals with conservation cooperator confidentiality. Do any other states have similar legislation?
Mel DavisBelow is the confidentiality law we have in Texas for conservation plans.
§201.006. Confidentiality of Certain Information
(a) Except as provided by this section, information collected by the state board or a conservation district is not subject to Chapter 552, Government Code, and may not be disclosed if the information is collected in response to a specific request from a landowner or the landowner’s agent or tenant for technical assistance relating to a water quality management plan or other conservation plan if the assistance is to be provided:
(1) under this code; and
(2) on private land that:
(A) is part of a conservation plan or water quality management plan developed cooperatively with the state board or conservation district; or
(B) is the subject of a report prepared by the state board or conservation district.
(b) The state board or a conservation district may disclose information regarding a tract of land to:
(1) the owner of the tract or the owner’s agent or tenant; and
(2) a person other than the owner or the owner’s agent or tenant if:
(A) the owner or the agent or tenant consents in writing to full or specific partial disclosure of the information; and
(B) the consent is attached to each plan or report regarding the tract prepared by the state board or conservation district.
(c) The state board or a conservation district may disclose, in a manner that prevents the identification of a particular tract of land, the owner of the tract, or the owner’s agent or tenant, a summary of information collected by the state board or conservation district regarding:
(1) the number of acres of land that are in a particular conservation plan;
(2) the number of acres of land that are subject to a particular conservation practice; or
(3) other conservation program information.
(d) The state board or a conservation district shall provide a person with notice regarding this section at the time the person requests technical assistance from the state board or conservation district.
(e) The state board or a conservation district may disclose information to a law enforcement agency of this state or the United States in compliance with a subpoena for the information.
(f) The state board or a conservation district may disclose information relating to water quality complaints or compliance failures to the Texas Natural Resource Conservation Commission under Section 201.026.
(g) The state board or a conservation district may disclose to the attorney general information relating to a breach of contract.
(h) The state board or a conservation district may not be held liable for damage caused by a violation of this section.
(i) A reference in this section to the state board or a conservation district includes an officer, employee, or agent of the state board or conservation district.
Added by Acts 1997, 75th Leg., ch. 410, Sec. 1, eff. Sept. 1, 1997.Louise LawrenceMD law protects the confidentiality of soil conservation and water quality plans
Maintenance of information from a soil conservation and water quality plan.
(1) The supervisor shall maintain information from a soil conservation and water quality plan in a manner that protects the identity of the person for whom the plan is prepared. However, the supervisors shall make a soil conservation and water quality plan available to the Department of the Environment for enforcement action under § 4-413 of the Environment Article and the Maryland Department of Agriculture which may use the information for statistical purposes.
(2) The Department shall:
(i) Maintain the information in the manner that protects the identity of the person for whom the plan is prepared; and
(ii) Make any information from a plan available to the Maryland Department of the Environment to support the development of a compliance or enforcement case for purposes of addressing an existing water quality problem in accordance with procedures established between the department and the State Soil Conservation Committee.Cindy LairColorado does not have any laws on its books to protect conservation landowner confidentiality.
Stu TrefryIn 2006 the Washington legislature passed a bill granting an exemption from disclosure under the Public Records Act. That legislation landed in two places in statute:
1. Our Conservation statute (http://apps.leg.wa.gov/rcw/default.aspx?cite=89.08.560); and
2. The Public Records Act (http://apps.leg.wa.gov/rcw/default.aspx?cite=42.56.270) in (17)(a)&(b).Its not perfect and caused some confusion on the ground with the confidentiality provisions under the Farm Bill.
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