MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Game and Fish; Conservation and Water Resources

By: Representatives Livingston, Simmons

AN ACT TO PROVIDE FOR A VOLUNTARY SCENIC STREAMS STEWARDSHIP PROGRAM; TO AUTHORIZE THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO ADMINISTER SUCH PROGRAM; TO PROVIDE AN ELIGIBILITY AND NOMINATION PROCESS FOR DESIGNATING SCENIC STREAMS REQUIRING LEGISLATIVE APPROVAL; TO PROVIDE FOR THE PROTECTION OF PRIVATE PROPERTY RIGHTS AND TO ENSURE CONTINUATION OF EXISTING USES; TO PROVIDE FOR LOCAL ADVISORY COUNCILS; AND FOR RELATED PURPOSES.

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

SECTION 1. This act may be cited as the "Mississippi Scenic Streams Stewardship Act."

SECTION 2. Except as otherwise required by the context:

(a) "Department" means the Department of Wildlife, Fisheries and Parks.

(b) "Stream" means any free-flowing stream or segment of stream that is a public waterway under Section 51-1-4, Mississippi Code of 1972, and has not been channelized within the

last five (5) years.

SECTION 3. The Legislature finds that certain selected streams and stream segments of this state possess unique or outstanding scenic, recreational, geological, botanical, fish, wildlife, historic or cultural values. It is the policy of the Legislature to provide for the protection of these streams and to conserve the state's natural heritage for the benefit and enjoyment of present and future generations, while preserving the private property rights of riparian landowners.

There is a necessity for a rational balance between the use of these streams and the conservation of the natural beauty along these streams. The Legislature finds that this balance will best be achieved through a nonregulatory voluntary stewardship program emphasizing local education, participation and support. The primary goal of the program is to maximize voluntary private conservation efforts and to build and maintain a sense of stewardship among stream users and riparian landowners. To accomplish this goal, the program must provide a nonregulatory framework to obtain cooperative, voluntary management agreements with riparian landowners to maintain scenic values while ensuring the rights of riparian landowners to continue customary uses along the stream.

SECTION 4. (1) There is hereby created the State Scenic Streams Stewardship Program. The department shall coordinate the program. The department shall establish and publish minimum criteria for assessing a stream's eligibility for the State Scenic Streams Stewardship Program. To qualify as eligible, the stream must possess unique or outstanding scenic, recreational, geological, botanical, fish, wildlife, historic or cultural values. The level of pollution of a stream's waters must be considered in determining eligibility for qualification as a scenic stream. A stream with relatively polluted waters may qualify as eligible as a scenic stream if other values are considered outstanding.

(2) (a) The department shall inventory and evaluate Mississippi streams and identify the streams or stream segments which possess unique or outstanding scenic, recreational, geological, botanical, fish, wildlife, historic or cultural values based on the criteria established under this section.

(b) Any Mississippi organization, resident, state agency or local government may request the department to evaluate a stream.

(3) If the department determines that a stream meets the eligibility criteria, the department may recommend to the Legislature that a stream or stream segment be listed as eligible for nomination to the State Scenic Streams Stewardship Program. In order for a stream to be listed as eligible for nomination to the State Scenic Streams Stewardship Program, the recommendation must be filed as a bill and must be adopted by the Legislature.

SECTION 5. (1) After the eligibility assessment of a stream is completed by the department, and the Legislature enacts legislation approving the eligibility, the stream may be nominated as provided in this section. The department, through the executive director, shall establish an advisory council for that stream. The advisory council must be appointed as early as possible to assist the work of the department. Each council must consist of members who represent a broad range of interest in the vicinity of the eligible stream and shall include, but not be limited to, at least one (1) member from the department, local government, agricultural interests, forestry interests, business interests, conservation interests, recreational interests and riparian landowners who shall constitute a majority of the council. The advisory council shall elect a chairman. The advisory council shall assist and advise the department concerning the nomination of the stream for the program.

(2) The department shall hold a public meeting in the vicinity of the eligible stream proposed for nomination to the State Scenic Streams Stewardship Program. This public meeting must be conducted before any action by the department to nominate the eligible stream for inclusion in the State Scenic Streams Stewardship Program. The purpose of this meeting is to receive public comments concerning the proposed nomination of the eligible stream. Notice of this meeting must be published at least thirty (30) days before the meeting in a newspaper having general circulation in each county containing or bordering the eligible stream under study and in a newspaper having general circulation in the state. The department shall notify, in writing, the landowners along the eligible stream. The department and the advisory council shall consider the public comments in its decision whether to nominate the stream.

(3) Following the public meeting and after consideration of the public comments, the department and the advisory council may nominate the eligible stream for designation as a scenic stream and inclusion in the program. In order for a stream to be listed as eligible for nomination to the State Scenic Streams Stewardship Program, the nomination must be filed as a bill and adopted by the Legislature. No stream shall be designated as a scenic stream and placed in the program until the Legislature has duly enacted legislation designating the stream as scenic and placing it in the State Scenic Streams Stewardship Program.

SECTION 6. (1) After the Legislature has designated a stream as a state scenic stream, the department shall publish a notice of the designation and provide written notice to the affected units of local government and landowners. Notice of the designation also must be published in a newspaper of general circulation in the state to apprise interested parties of the opportunities under this act. The notice must describe the boundaries of the stream or stream segment.

(2) (a) The department and the advisory council shall develop a cooperative voluntary stewardship plan for the scenic stream. The department shall consult and cooperate with the State Soil and Water Conservation Commission and the State Forestry Commission in developing the stewardship options utilizing current best management practices. Any other affected state agency may also make recommendations to the department. The plan shall identify current and traditional uses along the stream and outline goals, objectives and action strategies to address the management of resources along the stream.

(b) The plan shall utilize best management practices to maintain the scenic values of the stream while ensuring the rights of riparian landowners to continue existing agriculture, forestry, water supply, recreational, commercial and industrial uses and any other uses identified in the plan.

(3) (a) The plan shall provide several stewardship options for a landowner. The options shall vary in length of commitment, degree of involvement and enforceability. An option may be modified to meet the needs of a landowner based on the individual attributes of the stream.

(b) Participation in the stewardship plan is voluntary. A landowner is under no obligation to participate in the plan. A participating landowner must give at least thirty (30) days' notice of his intent to terminate a nonbinding option and to withdraw from the program.

(4) (a) The department may receive by gift, devise, grant or dedication, conservation easements or other interest in real property for the State Scenic Streams Stewardship Program.

(b) If any land is donated to the state for the Scenic Streams Stewardship Program and the land ceases to be used in the program, the title to the land reverts to the donor.

(5) Any lands placed in the State Scenic Streams Stewardship Program may be obtained only from private or corporate owners voluntarily. Land placed in the State Scenic Streams Stewardship Program shall not be obtained by eminent domain.

SECTION 7. This act shall not be construed to prohibit, restrict or otherwise affect any existing or future lawful use or activity in or related to the scenic streams area. This act also shall not be construed to prohibit, restrict or otherwise affect the operation, maintenance or new construction of any facility, road, railroad, bridge, utility, pipeline, crossing or any other structure in or related to the scenic stream area. In the event there is any conflict between this section and any other provision in this act, this section shall control.

SECTION 8. (1) The department shall administer this act and may promulgate regulations for the specific powers granted under this act. In the process of administering the Scenic Streams Stewardship Program, the department shall consider, protect and ensure protection of the rights of private ownership and of the voluntary participants in the Scenic Streams Stewardship Programs.

(2) The department may enter into agreements with local, state and federal agencies, and private landowners, for the mutual management of a scenic stream. An agency which has administrative jurisdiction over lands or interests in land along a state scenic stream must assist the department to implement the policies and practices of this act.

SECTION 9. (1) The department is authorized to conduct a pilot program for the following streams designated as eligible for inclusion in the State Scenic Streams Stewardship Program:

(a) Wolf River in Pearl River, Hancock, Stone and Harrison Counties beginning at Mississippi Highway 26 in Pearl River County to the Bay of St. Louis in Harrison County;

(b) Black Creek in Lamar, Forrest, Perry, Stone, George and Jackson Counties beginning at Mississippi Highway 589 in Lamar County to the Pascagoula River in Jackson County;

(c) Okatoma Creek in Simpson and Covington Counties beginning at the Illinois Central Gulf Railroad in Simpson County to the Bowie River in Covington County;

(d) Strong River in Smith, Rankin and Simpson Counties beginning at the confluence of Beech Creek in Smith County to the Pearl River in Simpson County;

(e) Pearl River in Winston and Neshoba Counties beginning at the origin, confluence of Nanih Waiya Creek and Bogue Chitto Creek in Winston County to MS Highway 15 in Neshoba County; and

(f) Buttahatchie River in Monroe and Lowndes Counties beginning at the Mississippi-Alabama state line in Monroe County to U.S. Highway 45 in Lowndes County.

(2) The department shall follow the requirements in this act for the nomination of these streams to the State Scenic Streams Stewardship Program. The department shall report annually to the Legislature on the status of the pilot program.

(3) Any landowner entering into a binding agreement for the management of lands in a pilot project shall be eligible for any subsequent incentives that are offered for participation in the State Scenic Streams Stewardship Program.

SECTION 10. This act does not confer upon any member of the public the right to the use of or access to private lands within the boundary of a designated scenic stream area and any unauthorized use is trespass and subject to the penalties provided for trespass offenses.

SECTION 11. All new programs authorized under this House Bill No. 1422 shall be subject to the availability of funds specifically appropriated therefor by the Legislature during the 1999 Regular Session or any subsequent session. It is the intent of the Legislature that this act shall be codified but that no section enacted by this House Bill No. 1422 shall take effect until the Legislature has funded any new programs authorized hereunder by line item appropriation, and the line item appropriation is certified by the Legislative Budget Office to the Secretary of State.

SECTION 12. This act shall take effect and be in force from and after July 1, 1999.