Amendment_Report_for

SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the support and maintenance of the Department of Marine Resources for the fiscal year beginning July 1, 2005, and ending June 30, 2006..........

........................................... $ 1,710,485.00.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Department of Marine Resources for the fiscal year beginning July 1, 2005, and ending June 30, 2006........................ $ 7,733,307.00.

Of the funds appropriated in this section, Three Million Fifty Thousand Dollars ($3,050,000.00) is derived from the state excise taxes upon gasoline, oil and other petroleum products.

SECTION 3. With the funds appropriated under the provisions of Sections 1 and 2, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits$ 6,231,550.00

Travel and Subsistence.............. 79,653.00

Contractual Services..................... 1,851,954.00

Commodities.............................. 579,530.00

Capital Outlay:

Other Than Equipment................ 213,760.00

Equipment........................... 187,345.00

Subsidies, Loans and Grants.............. 300,000.00

Total.............................. $ 9,443,792.00

FUNDING:

General Funds........................... $ 1,710,485.00

Special Funds............................ 7,733,307.00

Total.............................. $ 9,443,792.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 101

Part Time........... 0

Time-Limited:Full Time........... 44

Part Time........... 3

Each Marine Conservation Officer and Supervisor shall be furnished an allowance for uniforms not to exceed Four Hundred Fifty Dollars ($450.00) per annum.

With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2007 do not exceed Fiscal Year 2006 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2007 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2006 appropriation for "Personal Services" when annualized, with the exception of escalated funds. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2006 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.

Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.

No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

SECTION 4. It is the intention of the Legislature that the Department of Marine Resources shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2005. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2007 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2006 budget request process.

SECTION 5. It is the intention of the Legislature that the Department of Marine Resources shall have the authority to receive, budget and expend funds from any source that may become available to the department in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

SECTION 6. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Tidelands Fund No. 3452 to the Department of Marine Resources for the purpose of defraying the expenses of the Tidelands projects for the fiscal year beginning July 1, 2005, and ending June 30, 2006 $ 6,600,000.00.

With the funds appropriated in this section, the following projects are authorized:

Public Access Projects:

PROJECT NO. PUBLIC ACCESS PROJECTS AMOUNT

FY06-P04A Bayou Auguste Reclamation and

Enhancement -- Biloxi 100,000.00

FY06-P16A Ocean Springs Highway 90 Boat Ramp

Phase II 150,000.00

FY06-P35A First Phase Sailing Lugger Construction

and "Island Bound" Program -

MS. Sound Museum 50,000.00

FY06-P01A Waterfront Access & Improvements

- Bay St. Louis 100,000.00

FY06-P18A The Point Development Phase II

- Pascagoula 100,000.00

FY06-P29A D'Iberville/Tchouticabouffa Boat Launch 100,000.00

FY06-M16A Mississippi Seafood Marketing Program 100,000.00

FY06-P30A Pascagoula River Basin Estuarine

Education Center - MGCCC 100,000.00

FY06-M57A WRANPS 25,000.00

FY06-P33A Public Access to Turkey Creek, Phase I

of I - Gulf Coast Community

Foundation 50,000.00

FY06-M19A Federal Match for Construction

at N.E.R.R. 270,000.00

FY06-P08A I-110 Boat Launch Project - Biloxi 150,000.00

FY06-P24A Biloxi River Park - Harrison County

Board of Supervisors 150,000.00

FY06-P20A Beach Blvd. Pedestrian Pathway

- Waveland 200,000.00

FY06-M19A Federal Match, Habitat Creation 600,000.00

Various USM College of Science and

Technology 300,000.00

FY06-P10A Gulfport Small Craft Harbor

Improvements Project

(Pier #2-Phase 1A) 200,000.00

FY06-P27A Lake Mars Boat Launching Parking

& Access Improvements, Phase II - Jackson County Board of

Supervisors 150,000.00

FY06-P14A 2006 Harbor Improvements - Long Beach100,000.00

FY06-P22A Hancock County Seawall Restoration

- Hancock County Board of

Supervisors 200,000.00

FY06-P19A FY2006 Harbor Improvements

- Pass Christian 100,000.00

FY06-M52A Land Trust Acquisition, 12-Oaks Project

- Land Trust, Ocean Springs 200,000.00

FY06-P09A City Park Community Center -

Gautier Phase II 100,000.00

FY06-P34A Schooner Restoration Project

- Maritime and Seafood Museum 100,000.00

FY06-P31A Golden Fisherman Park -

Biloxi Bay Chamber 25,000.00

FY06-M15A Derelict Vessel Program, DMR 100,000.00

FY06-M36A USM College of Science and

Technology Speckled Trout

Management 250,000.00

FY06-M55A MS. Sound Welcome Center -

Phase II -- Ohr Museum 200,000.00

Total Public Access Projects $4,270,000.00

Total Management Projects $1,284,219.00

Deer Island Payment $1,045,781.00

Total Tidelands Funds: $6,600,000.00

Each political subdivision receiving funds authorized in this section shall be held responsible for complying with Section 29-15-9, Mississippi Code of 1972, and shall be subject to an audit by the State Auditor and shall submit detailed reports beginning June 30, and every six (6) months thereafter for the duration of the project to the Department of Marine Resources on how funds authorized in this section were expended.

It is the intention of the Legislature that any political subdivision seeking to qualify for tidelands funds for the subsequent fiscal year shall submit a proposal to the Department of Marine Resources no later than July 1, 2005. All proposals submitted will be reviewed and evaluated by the Department of Marine Resources in accordance to department plans and procedures. Multiphased projects, multiyear projects, proposed projects with high dollar value and projects that have a record of stacking funds shall be considered as low priority projects when evaluated.

It is the intention of the Legislature that if the amount of the Tidelands funds appropriated in this act exceed the actual amount of Tidelands funds available, the available funds shall be allocated on a pro rata basis between projects listed in this section.

It is the intention of the Legislature that the Tidelands funds appropriated in this act for Tidelands Project No. FY06-M19A Federal Grant Matching Funds - Mississippi Coastal Habitat Creation and Restoration and Tidelands Project No. FY06-M19A Federal Grant Matching Funds - Grand Bay NERR Construction be reallocated on a pro rata basis between projects listed in this section if the federal funds are not awarded for these two (2) projects.

SECTION 7. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in the State Treasury to the credit of the Department of Marine Resources, Tidelands Fund, which is comprised of special source funds available to the department, for expenditures pursuant to House Bill No. 1733, 2004 Regular Session, for the fiscal year beginning July 1, 2005, and ending June 30, 2006.................................................. $6,600,000.00

SECTION 8. It is the intention of the Legislature that the commission shall place any special trust funds appropriated to the department in a special trust fund and the interest earned on the principal shall be credited to the special trust fund. Monies in the fund at the end of the fiscal year shall be retained in the special trust fund for use in the next succeeding fiscal year. The department may use the interest earned on the fund to pay reasonable costs for administering the fund and related projects.

SECTION 9. It is the intention of the Legislature that Tidelands Funds not otherwise appropriated shall be used for additional funding of tideland projects and the administration thereof by the Department of Marine Resources. Expenditures of excess Tidelands Funds by the Department of Marine Resources for supplemental and additional funding and administration of tidelands projects heretofore or hereafter proposed is authorized and approved. The Department of Marine Resources may escalate the Tidelands Fund in an amount not to exceed Eight Hundred Thousand Dollars ($800,000.00) for the purposes outlined in this section.

It is the intention of the Legislature that the Department of Marine Resources be allowed to make necessary transfers from the Subsidies, Loans and Grants category of expenditures to any other categories of expenditures for the purpose of expending Tidelands funds.

SECTION 10. It is the intention of the Legislature that the Department of Marine Resources has the authorization to move Tidelands funds between approved projects upon request from entity and proper completion of Form TTF-6 documentation.

SECTION 11. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.

SECTION 12. This act shall take effect and be in force from and after July 1, 2005.