Bill Text: MS HB1148 | 2019 | Regular Session | Introduced
Bill Title: Submerged logs; provide requirements for removal and require funds from sale to be deposited into the school trust lands principal fund for the county.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-14 - Died On Calendar [HB1148 Detail]
Download: Mississippi-2019-HB1148-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Conservation and Water Resources
By: Representative Ladner
House Bill 1148
AN ACT TO PROVIDE REQUIREMENTS FOR THE REMOVAL OF SUBMERGED LOGS ON PUBLIC TIDELANDS; TO AUTHORIZE FUNDS FROM THE REMOVAL AND SALE OF SUBMERGED LOGS TO BE DEPOSITED INTO THE SCHOOL TRUST LANDS PRINCIPAL FUND FOR THE COUNTY IN WHICH THE LOGS WERE REMOVED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For the purposes of the section, the following words shall have the following meanings unless the context clearly indicates otherwise:
(a) "Applicant" means the person, entity, or interest applying for a leasehold agreement through a public trust tidelands lease with the Secretary of State for the purpose of removing submerged logs from a removal area during a specified
period of time.
(b) "Removal area" means an area of public trust
tidelands or submerged lands identified by survey information in
sufficient detail to support a public trust tidelands lease of
the area for the purpose of removal of submerged logs during a
specified period of time.
(c) "Submerged log" means a portion of the trunk of a
felled tree that has not been further processed for any end use
and is located on, in, over, embedded in, or buried under public
trust tidelands or submerged lands, and includes any
processed lumber and is located on, in, over, embedded in, or
buried under public trust tidelands or submerged lands.
(2) (a) Submerged logs are the property of the State of
Mississippi.
(b) Submerged logs shall not be removed from public trust tidelands or submerged lands, unless approved by the Secretary of State through a public trust tidelands lease with the State of Mississippi, by and through the Secretary of State, authorizing the removal of submerged logs within a specified area and for a specified length of time.
(3) The lessee shall pay to the Secretary of State an appraised leasehold interest for use of the removal area, as set forth in the leasehold agreement, and fifteen percent (15%) of the stumpage value received by the lessee from the submerged logs that were removed.
(4) The Secretary of State shall require a performance bond in an amount to be determined by the Secretary of State with surety and satisfactory conditions securing to the state compliance with the conditions and limitations set forth in the leasehold agreement.
(5) The Secretary of State may adopt any rules necessary to implement or enforce the provisions of this section under the Administrative Procedures Law.
(6) The Secretary of State shall allocate and pay any funds derived from the public trust tidelands lease for the recovery and sale of submerged logs to the school district in which the tidelands or submerged lands subject to the public trust tidelands lease are located. The funds paid to a school district under this subsection may be expended for the same purposes for which sixteenth section land expendable funds are authorized to be expended in Section 29-3-115.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.
