MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Conservation and Water Resources

By: Representatives Bowles, Clarke, Frierson, Horne, Stevens

AN ACT TO AMEND SECTION 29-25-9, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSION ON MARINE RESOURCES TO EVALUATE ANNUALLY THOSE PROJECTS PROPOSED FOR TIDELANDS FUNDING; TO REQUIRE THAT THE COMMISSION ANNUALLY REPORT TO THE LEGISLATURE ALL PROJECT GRANTEES NOT IN COMPLIANCE WITH THEIR GRANT AGREEMENTS; TO DISALLOW THE LEGISLATIVE APPROPRIATION OF ADDITIONAL FUNDS TO AGENCIES, ENTITIES AND ORGANIZATIONS THAT HAVE NOT COMPLIED WITH THE TERMS OF THEIR GRANT AGREEMENTS; 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. (1) 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. However, funds derived from lease rentals may be used to cover the administrative cost incurred by the Secretary of State. Any remaining funds derived from lease rentals shall be disbursed pro rata to the local taxing authorities for the replacement of lost ad valorem taxes, if any. Then, any remaining funds 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.

(2) With respect to tidelands management programs funded from remaining tidelands funds, the commission shall utilize objective criteria to review all proposals from state agencies, local entities and other organizations for tidelands projects. Based on this review, the commission shall compile a comprehensive list, in priority order, for funding of such projects, and shall submit the list to the Legislature by January 1 of each year. The Legislature may use the list as a point of reference for appropriating funds. Should other projects be considered for funding, the Legislature at each regular legislative session shall submit these projects to the commission for evaluation of the merits of such projects in accordance with the same evaluation criteria used to compile the comprehensive list referred to herein. The commission shall report to the Legislature the results of these evaluations no later than ten (10) days before the scheduled sine die date for that session.

(3) The commission shall prepare an annual report to be submitted with the comprehensive list referred to in subsection (2), of prior years projects' compliance with grant agreement provisions, and shall certify a list of all agencies, entities and organizations which are not in compliance with the terms of their grant agreements. The Legislature shall not appropriate any funds to any agency, entity or organization that has not complied with the terms of any grant agreement for tidelands funds made in previous years.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.