MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Agriculture; Appropriations

By: Representatives Eaton, Holland, Ellzey, Frierson, Gadd, Ketchings, Moss, Saucier

AN ACT TO AMEND SECTION 49-19-227, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE LEGISLATURE SHALL APPROPRIATE SUCH SUMS AS IT MAY DEEM NECESSARY FOR THE SUPPORT OF THE FOREST RESOURCES DEVELOPMENT PROGRAM; TO BRING FORWARD SECTION 49-19-201 THROUGH 49-19-225, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE FOREST RESOURCES DEVELOPMENT PROGRAM; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 49-19-201, Mississippi Code of 1972, is brought forward as follows:

49-19-201. Sections 49-19-201 to 49-19-227 shall be cited as the "Forest Resource Development Law of 1974".

SECTION 2. Section 49-19-203, Mississippi Code of 1972, is brought forward as follows:

49-19-203. The Legislature of the State of Mississippi recognizes that the growing demands on forests and related land resources cannot be met by intensive management of public lands and industrial forests alone, and declares that the development of forest resources on poorly stocked, idle and poorly managed lands in Mississippi is needed to insure that Mississippi shall continue to develop its forest economy.

The Legislature declares the development of forest resources on suitable lands to be a public policy of the State of Mississippi. The Legislature is mindful, in stating this policy, that continuous timber growth of commercially valuable species for needed forest products is in the public interest, and that such growth can be attained, to a considerable degree, by making financial assistance available to private nonindustrial landowners for developing forest resources on desirable and suitable sites.

SECTION 3. Section 49-19-205, Mississippi Code of 1972, is brought forward as follows:

49-19-205. For purposes of Sections 49-19-201 to 49-19-227, the following words shall have the meaning ascribed herein unless the context requires otherwise:

(a) "Commission" shall mean the State Forestry Commission.

(b) "State forester" shall mean the forester appointed by the commission.

(c) "Eligible owner" shall mean either (i) a private individual, group or association, or (ii) an agency of state, local or municipal government, but the term shall not mean or include private corporations manufacturing products or providing public utility services of any type or any subsidiary of such corporations; provided, however, only one (1) owner of land owned in joint tenancy or tenancy in common and only one (1) member or officer of any group or association shall be eligible to apply for or receive cost-share assistance to be expended for development of any or all lands owned by such owners or group or association.

(d) "Eligible lands" shall mean (i) nonindustrial private lands owned by a private individual, group or association, and (ii) lands owned by the State of Mississippi or any political subdivision thereof, but shall not include lands owned by private corporations which manufacture products or provide public utility services of any type or any subsidiary of such corporations.

(e) "Cost-share assistance" shall mean the partial financial assistance in such amounts as the commission, in its discretion, shall determine, subject to the limitations of Sections 49-19-201 to 49-19-227.

(f) "Approved practice" shall mean and include planting, seeding, timber stand improvement, prescribed burning, site preparation, systematic planting of hardwood trees for game preservation and development, or such other forest resource development practice as the commission shall approve or determine proper generally or with regard to any particular applicant.

(g) "Forest development fund" shall mean the special fund established in the State Treasury, designated as the Forest Resource Development Fund, created by Section 49-19-227.

SECTION 4. Section 49-19-207, Mississippi Code of 1972, is brought forward as follows:

49-19-207. The commission shall serve as administrator of the provisions of Sections 49-19-201 to 49-19-227, and shall serve as the disbursing agency for funds to be expended from and deposited to the credit of the forest development fund.

SECTION 5. Section 49-19-209, Mississippi Code of 1972, is brought forward as follows:

49-19-209. The state forester is authorized to employ such professional and clerical assistance as is needed to implement the provisions of Sections 49-19-201 to 49-19-227, and to compensate such individuals from funds appropriated for such purpose.

The state forester is authorized to purchase equipment, supplies and materials and to maintain and transport equipment as is needed to implement the provisions of Sections 49-19-201 to 49-19-227, and to defray the expenses of such purchase and transportation from any funds appropriated for such purpose.

SECTION 6. Section 49-19-211, Mississippi Code of 1972, is brought forward as follows:

49-19-211. The commission shall adopt and promulgate such rules and regulations as are necessary for the implementation of Sections 49-19-201 to 49-19-227. The commission is authorized to conduct public hearings or otherwise seek the advice, counsel and recommendations of interested owners, associations, industrialists or other persons or groups. Adequate notice of any public hearing must be provided within the general area of the site of the hearing.

The commission shall publish such rules and regulations and shall make the same available upon request.

SECTION 7. Section 49-19-213, Mississippi Code of 1972, is brought forward as follows:

49-19-213. The commission is authorized to use the money in the forest development fund to assist in implementing approved practices, on a cost-sharing basis as provided in Sections 49-19-201 to 49-19-227, on eligible lands in the State of Mississippi. However, no cost-share assistance shall be provided an eligible owner to implement any approved practice on any land or lands if the owner receives federal funds for such practice and is using such federal funds for any forest resource development practice on said land or lands. Eligible owners may use federal funds on other lands.

SECTION 8. Section 49-19-215, Mississippi Code of 1972, is brought forward as follows:

49-19-215. (1) The commission shall actively and diligently encourage all eligible owners to use their own resources or to employ the resources of private vendors to implement approved practices.

(2) The commission shall not enter into active competition with eligible owners or private vendors for the on-the-ground job of implementing any approved practice as it is the intent of the Legislature to encourage private business, forest industries and the forestry community to participate in the economic development which will be provided by Sections 49-19-201 to 49-19-227.

SECTION 9. Section 49-19-217, Mississippi Code of 1972, is brought forward as follows:

49-19-217. If an eligible owner cannot provide his own resources or procure a private vendor to implement any approved practice, the commission, in its discretion, may act as vendor by utilizing employees, equipment, materials and supplies of the commission. In such event, the commission shall charge the eligible owner a sum equal to the established rate of the commission for providing such service. Payments for such charge shall be collected, received, and recorded in the same manner as other sales and services funds received by the commission.

SECTION 10. Section 49-19-219, Mississippi Code of 1972, is brought forward as follows:

49-19-219. The commission shall have the following powers and duties to implement the provisions of Sections 49-19-201 to 49-19-227:

(a) To determine which approved practices shall be eligible for cost-share assistance;

(b) To establish maximum sums, subject to the provisions of Section 49-19-221, which any one (1) eligible owner may receive for implementation of an approved practice;

(c) To review periodically the costs of forest development practices and to make such adjustment as, in the discretion of the commission, is necessary in the Thirty-seven Dollars and Fifty Cents ($37.50) per acre assistance allowed in Section 49-19-221;

(d) Upon request of the forestry commission, the attorney general of the State of Mississippi shall institute proper legal proceedings to recover any or all of the cost-share assistance provided an eligible owner if the commission shall determine that the owner failed to implement any portion of or all of the practice approved by the commission for such owner and if the commission determines that legal proceedings are necessary and proper;

(e) To determine, before approving any cost-share assistance for any eligible owner that such approved practice is reasonable and is comparable to the actual cost of implementing such practice in the general area in which the land is located. Should the commission determine that the submitted cost of implementing the approved practice is not reasonable, the commission shall approve cost-share assistance in an amount which is determined by the commission to be reasonable for the implementation of the approved practice in the general area in which the land is located.

SECTION 11. Section 49-19-221, Mississippi Code of 1972, is brought forward as follows:

49-19-221. (1) An eligible owner shall receive cost-share assistance as the commission, in its discretion, shall determine and approve, but the commission shall approve no assistance in an amount which exceeds either (a) a sum equal to seventy-five percent (75%) of the owner's actual cost incurred in implementing the approved practice approved by the commission for that owner on a particular tract of land or lands, except that with respect to sixteenth section school trust lands the commission may approve up to one hundred percent (100%) cost-share for any school district that has less has than Ten Thousand Dollars ($10,000.00) in its Forestry Escrow Fund, or (b) a sum equal to Thirty-seven Dollars and Fifty Cents ($37.50) per acre of land on which the approved practice is implemented by the owner; provided, however, that no eligible owner, in any one (1) fiscal year, shall receive a sum total for all approved practices implemented by the owner of more than Ten Thousand Dollars ($10,000.00); except that with respect to sixteenth section trust lands the commission, at its discretion, may exceed said monetary limit in order to provide a total forest improvement program within any county.

(2) The limitation of Thirty-seven Dollars and Fifty Cents ($37.50) per acre, as set forth in item (b) of subsection (1) of this section, may be changed by the commission pursuant to the authorization of subparagraph (c) of Section 49-19-219.

(3) During the reforestation of sixteenth section school trust lands classified as forest lands, no more than an average of twenty-five percent (25%) of Forest Resource Development Program funds will be spent on the reforestation of these school trust lands.

(4) It is the intent of this section that the Mississippi Forestry Commission by 1995 bring to maximum productivity all sixteenth section land.

SECTION 12. Section 49-19-223, Mississippi Code of 1972, is brought forward as follows:

49-19-223. (1) Any eligible owner who wishes to receive cost-share assistance shall file an application with the commission stating the practice to be implemented, the approximate cost of such practice and a description of the land or lands upon which the practice is to be implemented. The application shall be accompanied by a statement of intent stating (a) that the owner intends to utilize the cost-share assistance for long range timber growing and improvement, (b) that the owner is not receiving or using federal funds for implementation of any approved practice on the same acre of land or lands described in the application, and (c) that the owner if an owner in joint tenancy or tenancy in common or if a member of a group or association owning the lands, has no knowledge of any application which has been filed for cost-share assistance to be used on the lands described in the application.

(2) The commission, upon completion of the approved practice, shall tender all approved sums of the cost-share assistance to the owner.

SECTION 13. Section 49-19-225, Mississippi Code of 1972, is brought forward as follows:

49-19-225. Any agency, department, board, commission or other subdivision of government of the State of Mississippi or any political subdivision thereof is authorized to implement an approved practice on any lands suitable for forestry purposes owned by such political entity or owned by the State of Mississippi and supervised or managed by such entity. The governing authorities of such entity shall engage the assistance of the county forester of the county in which the land is located in the preparation of an application for submission to the commission. The commission shall treat any such political entity as an individual owner for purposes of considering applications, granting cost-share assistance and approving the practice implemented.

SECTION 14. Section 49-19-227, Mississippi Code of 1972, is amended as follows:

49-19-227. There is hereby created in the State Treasury a special fund to be designated the Forest Resource Development Fund, fiscal management and responsibility for which is hereby vested in the State Forestry Commission and which shall consist of that portion of the privilege tax on timber and timber products as authorized by Section 27-25-11, Mississippi Code of 1972, and any funds appropriated specifically therefor by the Legislature. The Legislature shall appropriate such sums as it may deem necessary for the support of the Forest Resources Development Program provided for under Sections 49-19-201 through 49-19-227. Those funds appropriated by the Legislature remaining in the special fund at the end of any fiscal year shall lapse into the General Fund, but other funds shall remain in the special fund.

SECTION 15. This act shall take effect and be in force from and after July 1, 1997.