MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Agriculture

By: Representatives Pigott, Holloway, Carpenter, Crudup, Darnell, Gibbs (36th), Goodin, Mangold, McKnight, Morgan, Wright

House Bill 556

(As Passed the House)

AN ACT TO AMEND SECTION 29-3-45, MISSISSIPPI CODE OF 1972, TO ALLOW LOCAL SCHOOL BOARDS, WHICH APPROVE THE SALES OF TIMBER AND FOREST PRODUCTS GROWN ON SIXTEENTH SECTION LANDS, TO ENTER INTO LONG-TERM PUBLIC OR PRIVATE CONTRACTS FOR THE SALE OF CERTAIN FOREST PRODUCTS; TO AMEND SECTION 29-3-81, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF LOCAL SCHOOL BOARDS TO LEASE SIXTEENTH SECTION OR IN LIEU LANDS CLASSIFIED AS AGRICULTURAL LAND, USING PROVISIONS RELATED TO BEST FARM MANAGEMENT PRACTICES ESTABLISHED BY THE SECRETARY OF STATE IN CONSULTATION WITH FEDERAL AGRICULTURAL AGENCIES AND THE MISSISSIPPI STATE UNIVERSITY EXTENSION SERVICE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 29-3-45, Mississippi Code of 1972, is amended as follows:

     29-3-45.  (1)  (a)  The board of education shall, by order placed upon its minutes, enter into an agreement with the State Forestry Commission for the general supervision and management of all lands classified as forest lands and of all timber or other forest products under the control of the board on sixteenth section lands, and lieu lands which have not been so classified.  However, any school board may contract with private persons or businesses for the reforestation of sixteenth section lands and may contract with a registered forester to be paid from the 16th Section Interest Fund for a review of any forestry management decision or forestry practice including the sale of timber for sixteenth section forest land provided that any implementation of a forestry management decision or forestry practice to be taken as a result of the review described in this subsection shall be subject to the approval of both the commission and the Secretary of State.  When such agreement has been entered into, no timber or other forest products shall be sold from any of the sixteenth section lands or lieu lands except such as have been marked or approved for cutting by the State Forestry Commission's employees.  The Forestry Commission, or its designated employee, shall fix the minimum total cash price or minimum price per unit, one thousand (1,000) feet or other measure, at which the marked timber or other forest products shall be sold.  The sales may be made for a lump sum or upon a unit price as in the opinion of the board may be calculated to bring the greatest return.  Sales shall be made upon such other terms and conditions as to manner of cutting, damages for cutting of unmarked trees, damages to trees not cut and other pertinent matters as the board of education shall approve.

          (b)  The State Forestry Commission shall have the sole authority and control in scheduling of all cutting and harvesting of timber or other forest products when such timber stands or other forest products are determined by the State Forestry Commission to be economically ready for cutting and harvesting.

          (c)  Should a school board disagree with the Forestry Commission concerning the time of cutting and harvesting, the board may make an appeal to the Forestry Commission at a regular monthly scheduled meeting of the commission.  If the school board is not satisfied after the appeal to the commission, the board may then appeal to the Secretary of State who will make the final decision as to the time for cutting and harvesting.  In the event that the local school board is divested of its management authority under subsection (3) hereof, the Secretary of State after due consultation with the Forestry Commission shall retain the right to make final decisions concerning the management and sale of timber and other forest products.

          (d)  It is hereby made the duty of the State Forestry Commission, from time to time, to mark timber which should be cut from the lands, to determine what planting, deadening or other forestry improvements should be made, giving due consideration to food and habitat for wildlife, and to report to the appropriate board of education.  The State Forestry Commission and the board of education shall supervise the cutting of any timber or harvesting of other forest products sold from the lands herein designated and shall have authority to require any timber-cutting operations on the lands to cease until proper adjustment is made, whenever it shall appear that timber is being cut in violation of the terms of the sale.  In the event that it is desired to lease any of such lands or standing timber for turpentine purposes, such lease shall only cover such trees as the State Forestry Commission shall designate, and the commission through its employees shall approve the number of faces, method of chipping and boxing of such timber, and shall fix a minimum total cash price or minimum price per unit.

          (e)  No sale of any timber, turpentine or other forest products lease shall be made until notice of same shall have been published once a week for three (3) consecutive weeks in at least one (1) newspaper published in such county.  The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for the sale, and the last publication shall be made not more than seven (7) days prior to such date.  If no newspaper is published in such county, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county and, in addition thereto, by posting a copy of such notice for at least twenty-one (21) days next preceding such sale at three (3) public places in such county.

          (f)  Notwithstanding the above provision pertaining to the sale of any timber, turpentine or other forest products, in the event that timber must be cleared from an existing road or existing utility right-of-way, the public notice requirement may be waived.  Prior to waiver of the public notice requirement, the State Forestry Commission must make a finding that, due to the small area of timber to be cleared, a public notice sale would not be in the best interest of the local board of education.  If the State Forestry Commission makes such a finding, then it shall set the value of the timber to be paid to the local board of education by the party requesting the timber be removed.

          (g)  Provided, however, in the case of damage by fire, windstorm or other natural causes which would require immediate sale of the timber, because the time involved for advertisement as prescribed herein would allow decay, rot or destruction substantially decreasing the purchase price to be received had not such delay occurred, the advertisement provisions of this section shall not apply.  The local board of education, with a written recommendation from a designated employee of the State Forestry Commission filed in the minutes of the local board of education, shall determine when immediate sale of the timber is required.  When the board of education shall find an immediate sale necessary for the causes stated herein, it shall, in its discretion, set the time for receipt of bids on the purchase of the timber, but shall show due diligence in notifying competitive bidders so that a true competitive bid shall be received.

     (2)  (a)  A local board of education having control of the sixteenth section lands in the Hurricane Katrina Disaster of 2005 shall be granted emergency powers to take any and all actions of a reasonably prudent trustee acting under emergency conditions to recover damaged timber, prevent further loss or damage to timber, and to minimize economic loss.  All such actions shall be taken in consultation with and shall be subject to the prior approval from the Secretary of State and the State Forestry Commission.  The emergency powers shall be as follows:

              (i)  Contract with any individual or entity for management advice, sale of timber, clearing of damage to timber producing lands, transporting of timber, repairing access roads to timber lands, conducting aerial spraying, or taking any other type of action to prevent further loss of timber or diminution in value of existing timber as the result of the incident which necessitated the declaration of a natural disaster.  In contracting with any individual or entity, the local board of education shall use its best efforts to ensure that all costs incurred are reasonable and that a fair price is received for all sales.

              (ii)  Enter into agreements with any individual, private company, or other governmental entities for the pooling of resources, or the sharing of costs so as to maximize the mitigation of loss and minimize the expense of mitigating the loss of timber.

              (iii)  Apply for any state, federal, or private party grant or nonrepayable funds to cover costs associated with emergency management contracts, sale timber, including loss for diminution of value, transporting of timber, replanting of timber, repairing access roads to timber, conducting aerial spraying, or reimbursement for any other action taken to prevent further timber damage, as well as mitigating the loss of funds due to damage.

          (b)  The emergency powers granted herein shall be for a period of one (1) year from the date of designation as a disaster area due to Hurricane Katrina.  The emergency powers may be extended for one (1) additional one-year period upon prior written approval from the Secretary of State.

          (c)  The emergency powers shall also apply to the management of timber by the Secretary of State pursuant to subsection (3) of this section.

          (d)  In the event a local board of education is unable to acquire the services of the State Forestry Commission or the Secretary of State to meet an immediate need to salvage, remove or take other appropriate action on damaged timber, the local board of education shall unilaterally be granted the authority to take such actions as necessary regarding the management or sale of timber or other forest products.

          (e)  In exercising emergency powers, a local board of education or the Secretary of State shall exercise the general powers of a trustee with the same general restrictions and general liabilities of a trustee and shall exercise the care and skill of an ordinary prudent person to protect the beneficiaries of the trust under such emergency circumstances.

          (f)  Any contractor with a local board of education or the Secretary of State shall be entitled to rely on representations by such board of education or the Secretary of State as to who has authority to enter contracts for the management or sale of timber or other forest products, and reliance on such representations shall not be grounds for voiding any contract.

     (3)  (a)  In the event that any member of a local board of education may have a personal interest, either direct or indirect, in the decisions regarding the management or sale of timber or other forest products or in a contract for the sale of timber or other forest products from sixteenth section school lands under the jurisdiction and control of the board, then the board of education shall automatically be divested of all authority and power to manage and sell timber or other forest products on sixteenth section lands under its control and jurisdiction.  The divestiture shall extend for the period of service, and for one (1) year thereafter, of the board member having a direct or indirect personal interest in the sale or decision to sell timber or other forest products.

          (b)  During the time in which any local board of education may be divested of authority and power to manage and sell timber and other forest products, such authority and power shall be vested in the Secretary of State, as supervisory trustee of sixteenth section lands.  Upon the appointment or election of a member of a local board of education who may have such an appointment or election of a member of a local board of education who may have such an interest in decisions and contracts regarding the management and sale of timber or other forest products, the board of education shall immediately notify the Secretary of State in writing.  Likewise, the board shall give written notification to the Secretary of State within thirty (30) days prior to the expiration of any such divestiture period.  Any contractor with a local board of education or the Secretary of State shall be entitled to rely on representations by such board or the Secretary of State as to who has authority to enter contracts for the management or sale of timber or other forest products, and reliance on such representations shall not be grounds for voiding any contract.

          (c)  The laws providing for the management and sale of timber and other forest products by local boards of education shall apply to the management and sale of timber and other forest products by the Secretary of State.  The Mississippi Forestry Commission shall provide the Secretary of State with advice and services in the same manner as provided to local boards of education.

          (d)  The Secretary of State shall be paid all monies derived from the sale of timber or other forest products and shall promptly forward the same to the superintendent of education for such school district with instructions for the proper settlement, deposit and investment of the monies.  Such local school board shall reimburse the Secretary of State for all direct costs relating to the management and sale of timber or other forest products, and in the case of a sale of timber or other forest products, the Secretary of State may deduct such direct cost from the proceeds of sale.  The Secretary of State shall furnish an itemized listing of all direct cost charged to the local school district.

     (4)  (a)  The local board of education is authorized to enter into supply agreements, for a term not to exceed ten (10) years, for the sale of forest products consisting of wood waste, wood fiber, pulpwood or biomass.  The supply agreement may be entered into by:

              (i)  Public contract after publication of notice and upon the terms set forth in this subsection (4) of this section; or

              (ii)  Private contract after the Mississippi Forestry Commission provides the appropriate local school board with:

                   1.  A written appraisal of the value of the forest products to be harvested under the terms of the supply agreement; and

                   2.  The minimum value at which the forest products may be sold. 

          (b)  Supply agreements authorized under the provision of this subsection (4) may only be entered into upon the recommendation of the Mississippi Forestry Commission, and in accordance with contractual terms approved by the commission and the Secretary of State.

     SECTION 2.  Section 29-3-81, Mississippi Code of 1972, is amended as follows:

     29-3-81.  (1)  (a)  Sixteenth section lands, or any lands granted in lieu of sixteenth section lands, classified as agricultural may be leased * * *for the cultivation of rice, or pasturage, for a term not to exceed ten (10) years.  * * *All other sixteenth section or lieu lands classified as agricultural may be leased for a term not exceeding five (5) years. All leases of land classified as agricultural shall be for a term to expire on December 31 and shall contain provisions related to best farm management practices as established by the Secretary of State, in consultation with federal agricultural agencies and the Mississippi State University Extension Service.  Except in those cases when the holder of an existing lease on agricultural land elects to re-lease such land, as authorized under this subsection, it shall be the duty of the board of education to lease the sixteenth section or lieu lands at public contract after having advertised such lands for rent in a newspaper published in the county or, if no newspaper is published in the county, then in a newspaper having a general circulation therein, for two (2) successive weeks, the first being at least ten (10) days before the public contract.  The lease form and the terms so prescribed shall be on file and available for inspection in the office of the superintendent from and after the public notice by advertisement and until finally accepted by the board.

          (b)  Bids received by the board of education in response to the advertisement shall be opened at a regular or special meeting of the board.  The board of education, at its option, may reject all bids or accept the highest and best bid received in response to the advertisement, or the board of education may hold an auction among those who submitted bids in response to the advertisement.  If the board of education elects to hold an auction, no bidder shall be granted any preference.  The opening bid at the auction shall be the highest bid received in response to the advertisement.

     (2)  * * *However, Before the expiration of an existing lease of land classified as agricultural land, except as otherwise provided in subsection ( * * *23) for lands intended to be reclassified, the board of education, in its discretion and subject to the prior approval of the Secretary of State, may authorize the holder of the existing lease to re-lease the land, on no more than one (1) occasion, for a term not to exceed * * *five (5) ten (10) years and for a rental amount and lease terms related to best farm management practices established by the Secretary of State, in consultation with federal agricultural agencies and the Mississippi State University Extension Service * * *that is no less than one hundred twenty percent (120%) of the total rental value of the existing lease.  If the holder of the existing lease elects not to re-lease the land, the board of education shall publish an advertisement of agricultural land for rent which publication shall be not more than four (4) months before the expiration of the term of an existing lease of the land.  An election by the holder of the existing lease not to re-lease the land shall not preclude his participation in the bidding process established under this section.  Subject to the classification of the land, the board of education shall enter into a new lease on agricultural land before the expiration of an existing lease on the same land, and the new lease shall take effect on the day immediately following the day on which the existing lease expires.  The board of education may require bidders to furnish bond or submit evidence of financial ability.

 * * *Bids received by the board of education in response to the advertisement shall be opened at a regular or special meeting of the board.  The board of education, at its option, may reject all bids or accept the highest and best bid received in response to the advertisement, or the board of education may hold an auction among those who submitted bids in response to the advertisement.  If the board of education elects to hold an auction, no bidder shall be granted any preference.  The opening bid at the auction shall be highest bid received in response to the advertisement.

     ( * * *23)  If, during the final year of an existing lease, the  board of education notifies the holder of the existing lease that the board of education intends to reclassify the land under Section 29-3-39, the holder of the existing lease may re-lease the land for a term of five (5) years and for a rental amount that is equal to one hundred twenty percent (120%) of the total rental value of the then existing lease.  Thereafter, the board of education shall have the option to proceed with the reclassification of the land or may re-lease the land for one (1) additional term of five (5) years after advertising for bids or holding an auction in the same manner as provided in subsection (1) of this section, and the new classification will be implemented upon the expiration of the then existing lease.  This subsection does not apply if the board of education intends to reclassify the land under the "commercial" or "industrial" land classification based on a valid business proposal presented to and approved by the board of education.

     ( * * *34)  (a)  If the board of education receives an acceptable bid in response to the advertisement and elects not to hold an auction among those submitting bids, then the holder of the existing lease may submit a second bid in an amount not less than one hundred five percent (105%) of the highest acceptable bid received if the holder of the existing lease:  (i) submitted a bid in response to the advertisement; and (ii) constructed or made improvements on the leasehold premises after receiving approval of the board of education during the term of the existing lease.  For purposes of this subsection, the term "improvements" shall not include any work or items that are done customarily on an annual basis in the preparing, planting, growing, cultivating or harvesting of crops or other farm products.

          (b)  If the holder of the existing lease elects to submit a second bid, the board of education shall hold an auction among those who submitted bids in response to the advertisement.  The opening bid at the auction shall be the second bid of the holder of the existing lease.  However, no leaseholder may submit a second bid if:  (i) any rent, taxes or other payment required under his lease are past due; or (ii) he is otherwise in default of any term or provision of the lease and such default has not been corrected or cured to the satisfaction of the board of education after more than thirty (30) days' notice to the leaseholder of the default.

          (c)  If an auction is held, the auction may be conducted at the meeting at which bids are opened or at a subsequent regular or special meeting.  The board shall announce the time and place of the auction at the meeting at which bids are opened, and no further notice of the auction is required.

          (d)  If no bid acceptable to the board of education is received after the advertisement or at auction, the board of education may lease, within ninety (90) days, the lands by private contract for an amount greater than the highest bid previously rejected in order to acquire a fair rental value for the lands.  If no bids are received in response to the advertisement, the board of education may negotiate a private contract for a fair rental value, and the term of such contract shall expire on December 31 of the same calendar year in which the contract is made.  The board of education may take the notes for the rent and attend to their collection.  The board has the right and remedies for the security and collection of such rents given by law to the agricultural landlords.

          (e)  If an existing lease is terminated before the expiration of the term originally set therein, upon finding that immediate action is necessary to prevent damage or loss to growing crops or to prevent loss of opportunity to lease the land for the current growing season, the board of education may negotiate a private contract for a fair rental value, and the term of such lease shall expire on December 31 of the same calendar year in which the contract is made.

 * * * (4)  Any holder of a lease on agricultural land that:  (a) was granted before July 1, 1997; and (b) has an expiration date on or after April 1 but before December 31 during the final year of the lease term, may extend the term of such lease to December 31 next following the expiration date originally provided for in the lease.  If such lease is extended, the rent for the period from the original expiration date in the lease to December 31 next following the original expiration date shall be one hundred five percent (105%) of the annual rent provided in the existing lease prorated over the period of the lease extension.  At the expiration of the extended lease term or at the expiration of the original lease term if the lease holder does not extend such lease, the land shall be offered for lease as provided in subsections (1) and (2) of this section.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2021.