Senate Bill 2842

AN ACT TO RECREATE THE WILDLIFE HERITAGE COMMITTEE; TO PRESCRIBE MEMBERSHIP AND DUTIES; TO PROVIDE THAT THE COMMITTEE WILL ADMINISTER THE WILDLIFE HERITAGE PROGRAM; TO AMEND SECTIONS 49-5-61, AND 49-5-145 THROUGH 49-5-157, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is hereby created the Mississippi Wildlife Heritage Committee to be composed of eleven (11) members as follows: two (2) members appointed by the Governor from the state at large to serve a term concurrent with the Governor; one (1) employee of the Department of Marine Resources with expertise in invasive species, to be appointed by the Executive Director of the Department of Marine Resources; one (1) employee of the Department of Environmental Quality with expertise in invasive species, to be appointed by the Executive Director of the Department of Environmental Quality; one (1) employee of the Department of Wildlife, Fisheries and Parks appointed by the Executive Director of the Department of Wildlife, Fisheries and Parks; one (1) employee of the Mississippi Extension Service appointed by the Executive Director of the Mississippi Extension Service; the Executive Director of the Mississippi Wildlife Federation, or his designee; the Executive Director of the Nature Conservancy, or his designee; the Executive Director of the Garden Clubs of Mississippi, or his designee; the Executive Director of the Mississippi Chapter of the Sierra Club, or his designee; the Executive Director of the Mississippi Museum of Natural Science, or his designee.

(2) The Executive Director of the Department of Wildlife, Fisheries and Parks shall be an ex officio nonvoting member of the committee and shall be the administrative head of the committee.

(3) The committee shall elect from its membership a chairman who shall preside over meetings and a vice chairman who shall preside in the absence of the chairman or when the chairman shall be excused.

(4) The committee shall adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business. A majority of the committee shall constitute a quorum for the transaction of business. Each member of the committee shall take the oath prescribed by Section 268 of the Constitution.

(5) The committee shall have the power to adopt, amend and repeal such regulations and rules as may be necessary for the operation of the committee.

(6) The committee shall have all power for implementing the "Mississippi Natural Heritage Law of 1978."

SECTION 2. Section 49-5-61, Mississippi Code of 1972, is amended as follows:

49-5-61. (1) The Mississippi Commission on Wildlife, Fisheries and Parks shall be the Wildlife Heritage Committee and shall exercise the duties and authority granted to such committee pursuant to Sections 49-5-69 through 49-5-98, and pursuant to any other laws of the State of Mississippi except Sections 49-7-141 through 49-7-157.

(2) Wherever the term "Wildlife Heritage Committee" appears in the laws of the State of Mississippi, it shall be construed to mean the Mississippi Commission on Wildlife, Fisheries and Parks, unless the context clearly means to refer to the former Wildlife Heritage Committee.

(3) The Mississippi Wildlife Heritage Committee shall exercise the duties and powers granted to such committee pursuant to Sections 49-7-141 through 49-7-157.

SECTION 3. Section 49-5-145, Mississippi Code of 1972, is amended as follows:

49-5-145. (1) The Legislature states that the purpose of Sections 49-5-141 through 49-5-157 is to establish a registration procedure by which owners of natural areas may voluntarily agree to manage and protect the areas according to rules set forth by the Mississippi Wildlife Heritage Committee.

(2) The Legislature states that the purpose of Sections 49-5-141 through 49-5-157 is also to establish a dedication procedure by which owners of natural areas may voluntarily agree to convey any or all of their right, title and interest in the property to the State of Mississippi to be managed and protected by an appropriate agency designated by the Mississippi Wildlife Heritage Committee for the people of Mississippi.

SECTION 4. Section 49-5-147, Mississippi Code of 1972, is amended as follows:

49-5-147. For the purposes of Sections 49-5-141 through 49-5-157, the following words shall have the meaning ascribed herein unless the context shall otherwise require:

(a) "Commission" means the Mississippi Commission on Wildlife, Fisheries and Parks.

(b) "Committee" * * * means the Mississippi Wildlife Heritage Committee.

(c) "Dedicate" means the transfer to the Mississippi Wildlife Heritage Committee of any estate, interest or right in any natural area to be held for the people of Mississippi in a manner provided in Section 49-5-155.

(d) "Natural area" means an area of land, water or air, or combination thereof, which contains an element of the state's natural diversity, including, but not limited to, individual plant or animal life, natural geological areas, habitats of endangered or threatened species, ecosystems or any other area of unique ecological, scientific or educational interest.

(e) "Natural area preserve" means a natural area which is voluntarily dedicated.

(f) "Register" means the act of agreement between the owner of a natural area and the Mississippi Wildlife Heritage Committee for designation of the natural area and for its placement on the register of natural areas by voluntary agreement between the owner of the natural area and the committee.

(g) "Register of natural areas" means a listing of natural areas which are being managed by the owner of the natural area according to the rules and regulations of the Mississippi Wildlife Heritage Committee.

SECTION 5. Section 49-5-149, Mississippi Code of 1972, is amended as follows:

49-5-149. The committee shall have the following powers and duties:

(a) To utilize inventory data compiled by the Mississippi Wildlife Heritage Program concerning the natural areas of the state;

(b) To accept on behalf of the people of Mississippi any right, title or interest to any natural area;

(d) To select natural areas for placement on the register of natural areas or for dedication as a natural area preserve, or both;

(e) To provide for the management of natural area preserves by designating an appropriate agency to manage the preserve in accordance with the provisions set forth in the articles of dedication which establish the natural area as a natural area preserve;

(f) To cooperate with any agency of the United States, the State of Mississippi and any other state, any political subdivision of this state and with private persons or organizations to implement the provisions of Sections 49-5-141 through 49-5-157;

(g) To discharge any other duty or action necessary to implement the provisions of Sections 49-5-141 through 49-5-157.

SECTION 6. Section 49-5-151, Mississippi Code of 1972, is amended as follows:

49-5-151. The committee shall publish and revise at least annually a register of natural areas using the inventory of natural areas compiled by the Mississippi Wildlife Heritage Program.

SECTION 7. Section 49-5-153, Mississippi Code of 1972, is amended as follows:

49-5-153. (1) The owner of any natural area on the registry may, if the committee so agrees, register the natural area by executing a voluntary agreement with the committee for the owner to manage and protect the natural area according to the rules and regulations promulgated by the committee and to give the committee first option to purchase the natural area. If the owner agrees to register the area, he shall be given a certificate of registration and shall be committed to manage the area according to the terms of the agreement with the committee. The agreement may be terminated by either party after thirty (30) days' written notice. The owner, upon termination, shall surrender the certificate; provided, however, the first option to purchase shall remain with the committee unless the committee shall relinquish the option in writing.

(2) Any property acquired by the committee or any other agency of the state or political subdivision thereof pursuant to any other authority in law may be registered according to this section.

SECTION 8. Section 49-5-155, Mississippi Code of 1972, is amended as follows:

49-5-155. (1) The owner of any natural area may dedicate that area as a natural area preserve by executing with the committee articles of dedication. The articles shall transfer such portion of the owner's estate as agreed upon by the owner and the committee to the committee for the people of Mississippi.

(2) The committee may acquire articles of dedication for consideration or by donation, devise or bequest. The articles of dedication shall be recorded in the office of the chancery clerk of the county in which any or all of the natural area is located before the area shall become a natural area preserve.

(3) The committee may dedicate any property owned by the committee as natural area preserve by filing and recording articles of dedication in the office of the chancery clerk of the county in which any or all of the area is located.

(4) The articles of dedication shall contain:

(a) Provisions for the management, custody and use of the natural area preserve;

(b) Provisions which define the rights and privileges of the owner and the committee or the managing agency; and

(c) Such other provisions as the owner or committee shall deem necessary to discharge the provisions of Sections 49-5-141 through 49-5-157 or to complete the transfer.

(5) The committee shall agree to no articles of dedication which do not provide for the protection, preservation and management of the natural area in a manner consistent with the intent and purposes of Sections 49-5-141 through 49-5-157.

(6) Any interest in real property owned by the committee in a natural area preserve shall be exempt from all ad valorem taxation levied by the State of Mississippi or any county or municipality or other political subdivision of this state. Any person who shall convey any interest in real property to the committee for the purposes set forth in Sections 49-5-141 through 49-5-157 shall be entitled to have the assessment of such property reduced by the amount of the value of the interest conveyed to the committee. The authorities responsible for determining and making the assessment shall also determine the value of the interest conveyed to the committee. This reduction in the assessment of such property shall terminate when the interest conveyed to the committee terminates.

(7) The committee shall be the agency of the State of Mississippi primarily responsible for acquisition of natural area preserves, but no provision of Sections 49-5-141 through 49-5-157 shall be construed to limit the committee's authority to acquire other property. Any property acquired by the committee or any other agency of the state or political subdivision thereof pursuant to any other authority in law may be dedicated according to this section.

(8) No provisions of Sections 49-5-141 through 49-5-157 shall be construed to limit the authority of any other agency to acquire and dedicate natural areas according to the provisions of Sections 49-5-141 through 49-5-157.

SECTION 9. Section 49-5-157, Mississippi Code of 1972, is amended as follows:

49-5-157. (1) A natural area preserve is held in trust by the State of Mississippi for present and future generations and shall be managed and protected according to the rules and regulations set forth by the committee. A natural area preserve is hereby declared to be at the highest, best and most important use for the public.

(2) The committee shall inspect or provide for the inspection of at least annually, each natural area preserve to insure that the terms of the articles of dedication are being respected.

SECTION 10. This act shall take effect and be in force from and after July 1, 2004.