March 16, 2005
TO THE MISSISSIPPI HOUSE OF
REPRESENTATIVES:
GOVERNOR'S VETO MESSAGE FOR HOUSE
BILL 1404
I am returning House Bill 1404:
"AN ACT TO RENAME THE ROSS BARNETT LAKE IN MIZE, MISSISSIPPI, THE PRENTISS
WALKER LAKE; TO AUTHORIZE TRANSFER OF THE CONTROL AND MANAGEMENT OF THE LAKE
FROM THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO THE PAT HARRISON
WATERWAY DISTRICT, ANOTHER STATE AGENCY, A COUNTY, A MUNICIPALITY OR OTHER
POLITICAL SUBDIVISION THAT AGREES TO ACCEPT THE LAKE; AND FOR RELATED PURPOSES"
without my approval, and assign the following reasons for my veto.
After full consideration, I am
vetoing House Bill 1404. This
legislation would transfer the control and management of Ross Barnett Lake in
Smith County from the Department of Wildlife, Fisheries, and Parks "to the
Pat Harrison Waterway District, another state agency, a county, municipality,
or other political subdivision."
After consulting with the leadership of the Department of Wildlife,
Fisheries, and Parks, the Pat Harrison Waterway District, and local elected
officials, I am concerned that such a transfer could threaten the future
operation and management of this Lake.
The Executive Director of the
Department of Wildlife, Fisheries, and Parks has dedicated state license revenues
(special funds) and federal grant funds from the Federal Aid and Sport Fish
Restoration Program for operating, managing, and enhancing Lake Ross
Barnett. In accepting these federal
grant funds, the Department agreed not to divert special funds away from the
agency (in this case transferring this property). If this agreement is broken, the Department would risk forfeiture
of future federal grant funds. In
addition, in losing management and control of the lake, the Department would
have to pay back a minimum of $300,000 to the federal government from state
revenues, with a possible greater state liability if the appraised value of the
property is set at a value greater than $300,000. For these reasons, the Department of Wildlife, Fisheries, and
Parks opposes this legislation.
Although the Pat Harrison Waterway
District has not taken a formal position on House Bill 1404, they have raised
several issues which are cause for concern.
I am especially worried that if the Pat Harrison Waterway District
assumed control of the Lake, it would be unable to provide necessary funding
for operation and maintenance.
According to Section 51-15-123(2) of the Mississippi Code, Annotated,
the District cannot use its operating funds (paid by county taxes) to operate
public parks and recreation facilities which were not under its control prior
to January 1, 1998. Furthermore, the
District reports it has not had an opportunity to familiarize itself with the
proposed acquisition, and has no information on the Lake's financial situation.
The Perry County Board of
Supervisors, which is a member of the Pat Harrison Waterway District, has
passed a resolution opposing the District's acquisition of the lake. No county has expressed to my office support
for the transfer of the control and management of the Lake.
I cannot support the transfer of
control and management of this Lake, given the uncertainty of the Lake's future
if it occurred. Fishing, boating and
other recreational endeavors are of high importance to many Mississippians, and
I am concerned that this legislation would unnecessarily threaten access to
these activities. Furthermore, economic
activities such as nature tourism are a burgeoning industry in our state, so we
should focus efforts on keeping assets such as Lake Ross Barnett available.
For these reasons, I urge the
members to sustain the veto and reject House Bill 1404.
Sincerely,
Haley Barbour