MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Public Property

By: Representatives Reynolds, Kinkade, Aguirre, Arnold, Bain, Banks, Barnett, Barton, Bell (21st), Bounds, Boyd (19th), Brown (20th), Burnett, Byrd, Calvert, Carpenter, Clark, Crudup, Darnell, Deweese, Faulkner, Ford (54th), Ford (73rd), Gibbs, Goodin, Haney, Hines, Holloway, Hood, Horan, Hulum, Johnson, Karriem, Lancaster, Mangold, Massengill, McCarty, McLeod, Miles, Morgan, Newman, Oliver, Patterson, Pigott, Powell, Roberson, Rushing, Sanders, Sanford, Scott, Smith, Steverson, Summers, Taylor, Thompson, Tubb, Tullos, Turner, Walker, Weathersby, Young, Horne

House Bill 923

AN ACT TO AMEND SECTIONS 49-4-37 AND 57-61-32, MISSISSIPPI CODE OF 1972, TO DESIGNATE THE FISH HATCHERY THAT IS LOCATED IN NORTH MISSISSIPPI AS THE BOB TYLER FISH HATCHERY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 49-4-37, Mississippi Code of 1972, is amended as follows:

     49-4-37.  (1)  The Department of Wildlife, Fisheries and Parks may establish and operate a fish hatchery in North Mississippi, to be named the Bob Tyler Fish Hatchery, at a site to be determined by the department with the approval of the commission to enable the department to adequately stock public lakes and streams in North Mississippi.  For such purpose, the department shall use those funds that are made available by any agency of the state or federal government, an appropriation by the Legislature or any other source.  The department is designated as the governing authority of any such fish hatchery and the operation and maintenance of the fish hatchery shall meet the standards of the department and state law regarding the operation of a fish hatchery.  The department may accept funds from any source and those funds shall be used to pay the maintenance, operational and administrative expenses of the fish hatchery.

     (2)  The Tombigbee River Valley Water Management District is authorized to transfer to the Department of Wildlife, Fisheries and Parks fee title of no more than eighty (80) acres of approved replacement land to be surveyed from the following tract of land:

          The Northeast Quarter of the Northwest Quarter of Section 20, Township 12, Range 8, Monroe County, Mississippi, containing 40 acres more or less. 

          All that land in the Northeast Quarter; north of a line starting at monument stamped "LA-42A"; and running northeasterly to a monument stamped "LA-43", Section 20, Township 12, Range 8, Monroe County, Mississippi, containing 105.42 acres more or less.

     The land shall be transferred once an acceptable lease agreement between the Mississippi Department of Wildlife, Fisheries and Parks and the U.S. Army Corps of Engineers is secured and the department is given the authority and appropriation to construct a fish hatchery.

     (3)  The Mississippi Department of Wildlife, Fisheries and Parks shall have the authority to transfer the land necessary to reach the equal value for lands offered by the U.S. Army Corps of Engineers for the construction of a fish hatchery.

     SECTION 2.  Section 57-61-32, Mississippi Code of 1972, is amended as follows:

     57-61-32.  (1)  Notwithstanding any provision of this chapter to the contrary, the Commission on Wildlife, Fisheries and Parks shall certify to the department the amount of money necessary to defray the cost of the state's share in constructing the * * *North Mississippi fish hatchery Bob Tyler Fish Hatchery that is located in North Mississippi, which amount shall not be more than Four Million Dollars ($4,000,000.00); and the department shall, if funds have not otherwise been made available, provide a grant for such amount out of the proceeds of bonds issued under this chapter.  Of the funds provided hereunder, any amounts not expended on the fish hatchery shall be remitted to the department for deposit into the Mississippi Business Investment Sinking Fund.

     The private match requirements of Section 57-61-9(2)(d), Mississippi Code of 1972, shall not apply to any loan or grant made under this section.

     (2)  Notwithstanding any provision of this chapter to the contrary, the Commission on Wildlife, Fisheries and Parks shall certify to the department the amount of money necessary to defray the costs of the state's share in constructing the water diversion project on the lower East Pearl River, beginning at the Wilson Slough Breakout down through the Farrs Slough and Holmes Bayou to the Hobolochitto Creek, which amount shall not be more than Four Million Dollars ($4,000,000.00); and if the United States Army Corps of Engineers receives approval for the construction of such project, and if the United States has committed funding for the project, then the department shall provide a grant for such amount out of the proceeds of bonds issued under this chapter.  Of the funds provided in this subsection, any amounts not expended on the project described herein shall be remitted to the department for deposit into the Mississippi Business Investment Sinking Fund.  The provisions of this subsection (2) shall stand repealed from and after December 31, 2002.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2023.