MISSISSIPPI LEGISLATURE
2002 Regular Session
To: Public Buildings, Grounds and Lands; Conservation and Water Resources
By: Representative Peranich
AN ACT TO PROVIDE THAT LAND OR PROPERTY ACQUIRED FOR ENVIRONMENTAL MITIGATION SHALL BE LOCATED IN THE SAME WATERSHED WHERE THE LAND ENTITLED TO ENVIRONMENTAL PROTECTION IS LOCATED; TO PROVIDE THAT, IN CASE OF DISAGREEMENT BETWEEN THE RELEVANT PARTIES, THE APPROPRIATE STATE AGENCY, GOVERNMENTAL SUBDIVISION OR THE UNITED STATES ARMY CORPS OF ENGINEERS SHALL MAKE THE FINAL DETERMINATION OF THE LOCATION OF THE LAND OR PROPERTY ACQUIRED FOR ENVIRONMENTAL MITIGATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) When any state, public or private land or property is entitled to environmental protection under state or federal law, and the land or property is obtained or taken and used for a purpose which requires other land or property to be acquired and substituted for the land or property entitled to protection in order to mitigate damage to such land or property and/or the environment, the substituted land or property shall be located in the watershed in which the land or property entitled to protection is found, to the greatest extent practicable. Such substituted land or property shall be referred to as "the land or property acquired for environmental mitigation."
(2) The entity responsible for obtaining the land or property acquired for environmental mitigation shall coordinate with the owner of the land or property entitled to environmental protection, with the appropriate state agency or governmental subdivision, or the United States Army Corps of Engineers, as the case may be. In any case in which there is a disagreement among the parties regarding the location of the land or property acquired for environmental mitigation, the agency or other governmental subdivision, or the United States Army Corps of Engineers, as the case may be, shall make the final determination of the location of the land or property acquired for environmental mitigation.
SECTION 2. This act shall take effect and be in force from and after July 1, 2002.