Bill Text: MS SB2731 | 2020 | Regular Session | Introduced

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Bill Title: Public lands; clarify state jurisdiction over public lands and monuments.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2020-03-03 - Died In Committee [SB2731 Detail]

Download: Mississippi-2020-SB2731-Introduced.html

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MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Public Property

By: Senator(s) McDaniel

Senate Bill 2731

AN ACT TO CLARIFY STATE JURISDICTION OVER PUBLIC LANDS; TO REQUIRE THE GOVERNOR, ATTORNEY GENERAL, AND SECRETARY OF STATE TO REVIEW PROPOSED CHANGES IN LEGISLATIVE JURISDICTION OVER ANY LAND OR OTHER AREA, INCLUDING NATIONAL MONUMENTS; TO REQUIRE THE GOVERNOR, ATTORNEY GENERAL, AND SECRETARY OF STATE TO DETERMINE IF A NATIONAL MONUMENT IS CONFINED TO THE SMALLEST AREA COMPATIBLE WITH THE PROPER CARE AND MANAGEMENT OF THE ITEMS TO BE PROTECTED BY THE MONUMENT AND AUTHORIZING LITIGATION BY THE ATTORNEY GENERAL; AND FOR RELATED PURPOSES.

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

     SECTION 1.  In order to acquire all or any measure of legislative jurisdiction of the kind involved in Article I, Section 8, Clause 17 of the Constitution of the United States over any land or other area, including national monuments, or in order to relinquish such legislative jurisdiction or any measure thereof which may be vested in the United States, the United States, acting through a duly authorized department, agency or officer, shall file a notice of intention with the Governor to acquire or relinquish such legislative jurisdiction, together with a sufficient number of duly authenticated copies thereof to meet the recording requirements of subsection (6) of this act.  The notice from the United States shall contain:

          (a)  A detailed accounting of each individual jurisdiction to be protected;

          (b)  The precise global positioning system location of each jurisdiction to be protected;

          (c)  The square footage that each jurisdiction to be protected occupies;

          (d)  The total square footage of the parcel of land comprising the designation of the jurisdiction; and

          (e)  A peer-reviewed justification for the protection of the jurisdiction by the federal government.

     SECTION 2.  Immediately upon receipt of the notice, the Governor shall furnish a copy of said notice to the Secretary of State and the Attorney General and shall request their comments and recommendations.

     SECTION 3.  The Governor, Secretary of State, and Attorney General shall determine whether the limits of the jurisdiction are confined to the smallest area compatible with the proper care and management of the items to be protected by the designation of the jurisdiction.

     SECTION 4.  The Governor shall transmit the notice, together with the Governor's comments and recommendations, if any, and the comments and recommendations of the Secretary of State and the Attorney General, if any, to the next session of the Legislature.  Transfer of legislative jurisdiction shall not be effective, unless the notice is transmitted to the Legislature prior to the expiration of the Legislative session and the Legislature adopts a resolution approving said transfer as proposed in the notice.

     SECTION 5.  If the Governor, the Secretary of State and the Attorney General determine pursuant to subsection (3) of this act that the limits of a parcel comprising the jurisdiction to be ceded are not confined to the smallest area compatible with the proper care and management of the items to be protected, the Attorney General may commence an action to confine the limits of the parcel comprising the jurisdiction to the smallest area compatible with the proper care and management of the items to be protected by the jurisdiction.

     SECTION 6.  The Governor shall cause a duly authenticated copy of the notice and resolution to be recorded in the office of the county clerk of the county where the land or other area affected by the transfer of jurisdiction is situated, and, upon such recordation, the transfer of jurisdiction shall take effect.  If the land or other area is situated in more than one (1) county, a duly authenticated copy of the notice and resolution shall be recorded in the county clerk's office of each such county.

     SECTION 7.  The Governor shall cause copies of all documents to be recorded pursuant to this act.

     SECTION 8.  This act shall take effect and be in force from and after July 1, 2020.