House Bill 1185

AN ACT TO AMEND SECTION 29-15-9, MISSISSIPPI CODE OF 1972, TO ESTABLISH A SPECIAL ACCOUNT TO BE KNOWN AS THE “COASTAL PRESERVE SYSTEM TIMBER ACCOUNT” WITH THE PUBLIC TRUST TIDELANDS FUND; TO PROVIDE THAT ANY FUNDS RECEIVED FROM THE SALVAGE OR HARVESTING OF TIMBER OR SALE OF OTHER FOREST PRODUCTS FROM LANDS INCLUDED IN OR MANAGED AS A PART OF THE COASTAL PRESERVE SYSTEM SHALL BE CREDITED TO THE ACCOUNT; 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 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.

(2) Any funds derived from lease rentals of tidelands and submerged lands, except those funds derived from mineral leases, or funds previously 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 those lands.

(3) Any funds that are appropriated as separate line items in an appropriation bill for tideland programs or projects authorized under this section for political subdivisions or other agencies shall be disbursed as provided in this subsection.

(a) The Department of Marine Resources shall make progress payments in installments based on the work completed and material used in the performance of a tidelands project only after receiving written verification from the political subdivision or agency. The political subdivision or agency shall submit verification of the work completed or materials in such detail and form that the department may require.

(b) The Department of Marine Resources shall make funds available for the purpose of using such funds as a match or leverage for federal or other funds that are available for the designated tidelands project.

(4) There is established a special account to be known as the “Coastal Preserve System Timber Account” with the Public Trust Tidelands Fund. Any funds received from the salvage or harvesting of timber or sale of other forest products from lands included in or managed as a part ofthe Coastal Preserve System shall be credited to the account. Any unexpended funds remaining in the account at the end of the year shall not lapse into the Public Trust Tidelands Fund, but shall remain in the account. The account shall be treated as a special trust fund and interest earned on the principal shall be credited to the fund. Any funds in the account may be expended, subject to the approval of the Legislature, for the management, improvement and acquisition of coastal preserves.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.