Senate Bill 2281

AN ACT TO PROVIDE THAT SUBMERGED LOGS SHALL NOT BE REMOVED FROM PUBLIC TRUST TIDELANDS OR SUBMERGED LANDS UNLESS APPROVED BY THE OFFICE OF THE SECRETARY OF STATE THROUGH A PUBLIC TRUST TIDELANDS LEASE WITH THE STATE OF MISSISSIPPI, BY AND THROUGH THE SECRETARY OF STATE, THAT AUTHORIZES THE REMOVAL OF SUBMERGED LOGS WITHIN A SPECIFIED AREA AND FOR A SPECIFIED LENGTH OF TIME; TO PROVIDE THAT THE LESSEE SHALL PAY TO THE SECRETARY OF STATE AN APPRAISED LEASEHOLD INTEREST FOR USE OF THE REMOVAL AREA AS SET FORTH IN THE LEASEHOLD AGREEMENT PLUS 15% OF THE STUMPAGE VALUE RECEIVED BY THE LESSEE FROM THE RECOVERED SUBMERGED LOGS; TO REQUIRE LESSEES TO POST A PERFORMANCE BOND TO ENSURE COMPLIANCE WITH THE CONDITIONS AND LIMITATIONS SET FORTH IN THE LEASEHOLD AGREEMENT; TO PROVIDE THAT THE SECRETARY OF STATE SHALL ALLOCATE AND PAY ANY FUNDS DERIVED FROM THE PUBLIC TRUST TIDELANDS LEASE FOR THE RECOVERY AND SALE OF SUBMERGED LOGS TO THE SCHOOL DISTRICT IN WHICH THE TIDELANDS OR SUBMERGED LANDS SUBJECT TO THE PUBLIC TRUST TIDELANDS LEASE ARE LOCATED; TO PROVIDE THAT THE FUNDS PAID TO A SCHOOL DISTRICT MAY BE EXPENDED FOR THE SAME PURPOSES FOR WHICH SIXTEENTH SECTION LAND EXPENDABLE FUNDS MAY BE EXPENDED; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section:

(a) "Applicant" means the person, entity or interest applying for a leasehold agreement through a public trust tidelands lease with the Secretary of State for the purpose of removing sunken logs from a removal area during a specified period of time.

(b) "Removal area" means an area of tidelands or submerged lands identified by survey information in sufficient detail to support a public trust tidelands lease of the area for the purpose of removal of sunken logs during a specified period of time.

(c) "Submerged log" means a portion of the trunk of a felled tree that has not been further processed for any end use and is located on, in, over, embedded in, or buried under tidelands or submerged lands, and any processed lumber that is located on, in, over, embedded in, or buried under tidelands or submerged lands.

(2) (a) Submerged logs are the property of the State of

Mississippi.

(b) Submerged logs shall not be removed from tidelands or submerged lands, as defined in this chapter, unless approved by the Office of the Secretary of State through a public trust tidelands lease with the State of Mississippi, by and through the Secretary of State, authorizing the removal of submerged logs within a specified area and for a specified length of time.

(3) The lessee shall pay to the Secretary of State an appraised leasehold interest for use of the removal area, as set forth in the leasehold agreement, and fifteen percent (15%) of the stumpage value received by the lessee from the recovered submerged logs.

(4) The Secretary of State shall require a performance bond in an amount to be determined by the Secretary of State with surety and satisfactory conditions securing to the State compliance with the conditions and limitations set forth in the leasehold agreement.

(5) The Secretary of State may adopt any rules necessary to implement or enforce the provisions of this section pursuant to the Administrative Procedures Law.

(6) The Secretary of State shall allocate and pay any funds derived from the public trust tidelands lease for the recovery and sale of submerged logs to the school district in which the tidelands or submerged lands subject to the public trust tidelands lease are located. The funds paid to a school district under this subsection may be expended for the same purposes for which sixteenth section land expendable funds are authorized to be expended in Section 29-3-115.

SECTION 2. Section 1 of this act shall be codified in Chapter 15, Title 29, Mississippi Code of 1972.

SECTION 3. This act shall take effect and be in force from and after July 1, 2019.