Adopted
AMENDMENT NO 1 PROPOSED TO
Cmte Sub for Senate Bill No. 2780
BY: Senator(s) Thompson, Blount
AMEND by striking lines 406-414 and substitute:
(4) All existing or proposed public uses or projects of any federal, state or local governmental entity, including counties and municipalities, shall serve a higher public purpose of promoting the conservation, reclamation, preservation of the tidelands and submerged lands, public use for boating, boat launches, piers, small craft harbors, marinas, fishing, navigation, or commercial, recreational, resort, tourism, or residential development shall require a lease of State Public Trust Tidelands from the state from the Secretary of State but shall be exempt from any use, lease or rental fees.
The lease issued by the Secretary of State shall include lease terms that the existing or proposed public uses or projects of any federal, state or local governmental entity, including counties and municipalities are public uses or projects with the higher public purpose of promoting the conservation, reclamation, preservation of the tidelands and submerged lands, public use for boating, boat launches, piers, small craft harbor, marinas, fishing, navigation, or commercial, recreational, resort, tourism, or residential development.
The lease issued by the Secretary of State shall not include lease terms that restrict the existing or proposed public uses or projects of any federal, state or local governmental entity, including counties and municipalities provided such public uses or projects serve the higher public purpose of promoting the conservation, reclamation, preservation of the tidelands and submerged lands, public use for boating, boat launches, piers, small craft harbors, marinas, fishing, navigation, or commercial, recreational, resort, tourism, or residential development, and provided such use or project does not have any gaming component.
FURTHER, AMEND by striking lines 415-420 and substitute:
(5) Provided the use of the leased property serves the higher public purpose of promoting the conservation, reclamation, preservation of the tidelands and submerged lands, public use for boating, boat launches, piers, small craft harbors, marinas, fishing, navigation, or commercial, recreational, resort, tourism, or residential development, the federal, state or local governmental entity, including counties and municipalities, shall have exclusive control of the leased premises, and all revenues generated therefrom shall be used to maintain, repair, or improve the leased property, but no such use shall have any gaming component.
FURTHER, AMEND by striking lines 481-490 and substitute:
(b)
Funds paid pursuant to paragraph (a) of this subsection may be appropriated by
the Legislature in an amount necessary to cover the administrative cost
incurred by the Mississippi * * * Department of Marine
Resources. Any remaining funds shall be disbursed * * * to the * * * Department of Marine Resources
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.
FURTHER, AMEND by striking lines 508-516 and substitute:
29-15-13.
(1) All existing or proposed public uses or projects of
any federal, state or local governmental entity * * *, including counties and municipalities,
shall serve a higher public purpose of promoting the conservation,
reclamation, preservation of the tidelands and submerged lands, public use for boating,
boat launches, piers, small craft harbors, marinas, fishing, * * * navigation, or * * *
commercial, recreational, resort, tourism or residential development shall
require a lease from the Secretary of State but shall be exempt from any
use, lease or rental fees.
FURTHER, AMEND by striking lines 679-684 and substitute:
(c) All licenses issued and approved to proceed with development by the commission and operating prior to December 31, 2023, are exempt from the minimum requirements set forth in subparagraphs (i) through (vi) below. No site approval issued by the commission prior to December 31, 2023, with an expiration date or term shall be extended beyond such term. The proposed licensee must republish and reapply for site approval upon the expiration of any such approval. So long as a licensee issued approval to proceed with development after December 31, 2023, is not revoked, voided, vacated, or lapsed by order or act of the commission, a proposed project shall meet, at a minimum, the following: