MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Conservation and Water Resources

By: Representative Ryan

AN ACT TO AMEND SECTION 29-15-9, MISSISSIPPI CODE OF 1972, TO PROVIDE A STRUCTURE AND CRITERIA FOR THE DISBURSEMENT OF FUNDS DERIVED FROM LEASE RENTALS OF PUBLIC TRUST TIDELANDS AND SUBMERGED LANDS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 29-15-9, Mississippi Code of 1972, is amended as follows:

29-15-9. There is hereby created in the State Treasury a special fund to be known as the "Public Trust Tidelands Fund." The fund shall be administered by the Secretary of State as trustee.

Any funds derived from lease rentals of tidelands and submerged lands, except those funds derived from mineral leases, or funds heretofore specifically designated to be applied to other agencies, shall be transferred to the special fund and disbursed as follows:

(a) First, funds derived from lease rentals shall be used to cover the administrative cost incurred by the Secretary of State.

(b) Then, if any local taxing authorities have lost ad valorem taxes as a result of the lease of the public trust tidelands or submerged lands, remaining funds shall be disbursed on a pro rata basis to the local taxing authorities.

(c) The balance, if any, remaining after deduction of administrative costs incurred by the Secretary of State and of the amounts disbursed to the local taxing authorities under paragraph (b), shall be disbursed to the commission for new and extra programs of tidelands management, such as conservation, reclamation, preservation, acquisition, education or the enhancement of public access to the public trust tidelands or public improvement projects as they relate to such lands. In allocating funds to entities other than the commission for the purposes described in this paragraph, the commission shall:

(i) Establish and publish equitable criteria that will be used in the allocation; and

(ii) Ensure that local governments shall be given first priority, not-for-profit organizations shall be given second priority and for-profit organizations shall be given third priority in any allocation of funds under this paragraph.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.