MCA Chapter 3

in effect

Miss. Code Ann. § 55-3-1 Gifts of land for state forests and parks.

The governor of the state is authorized to accept gifts of land to the state, not to exceed ten percent (10%) of the area of any county, to be held, protected, and administered by the State Forestry Commission as state forests and parks and to be used to demonstrate their practical utility for reforestation and as breeding places for wild game, and he is authorized to accept gifts of land to be used and administered by the commission as state parks. Such gifts must be absolute, except for the reservation of any or all mineral rights, and in no case shall exceed ten percent (10%) of the area of any county wherein such lands may be situated. The Attorney General is directed to see that all deeds to the state are properly executed and that the titles thereto are free and clear of all encumbrances before the gift is accepted. When any donation exceeding six hundred acres is made, the name of the donor or any name he may suggest, on the approval of the commission shall be given such donation as the designation of such forest or park.

Miss. Code Ann. § 55-3-2 Definitions.

For purposes of Chapter 3, Title 55, Mississippi Code of 1972, the following words shall have the meanings ascribed herein unless the context otherwise requires: “Commission” means the Mississippi Commission on Wildlife, Fisheries and Parks. “Department” means the Mississippi Department of Wildlife, Fisheries and Parks. “Executive director” means the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.

Miss. Code Ann. § 55-3-3 Reconveyance to donor, heirs, etc., of unused lands donated to state.

Where any land has been donated to the state and a deed thereof has been accepted by the governor, for the purpose of establishing thereon state forests and parks in accordance with the provisions of Section 55-3-1, and the state forestry commissioner certifies in writing to the secretary of state that the land has not been used as a part of any state forest or park for a period of time not less than five (5) years from the date of conveyance of said land, the secretary of state is authorized and empowered, in his discretion, with the approval of the governor to reconvey the land to the donor, his heirs, representatives or assigns. The price to be paid by the donor, his heirs, representatives or assigns, upon the reconveyance of said land shall be sufficient to cover the nominal consideration paid by the state for the land originally, if there be any such consideration, together with the cost of any improvements placed by the state or any agency thereof upon the land, and any sums of money expended in caring for and maintaining the land or any other expense incurred by the state or any agency thereof in connection therewith. The deed from the state to the donor, his heirs, representatives or assigns, shall state the true consideration therefor, and where made in good faith by all parties, shall convey the entire right, title and interest of the state therein. Any such deed from the state to the donor, his heirs, representatives or assigns, shall be recorded at the expense of the donor, his heirs, representatives or assigns, in the office of the chancery clerk of the county in which the land is located, and a failure to so record the deed shall render the same void.

Miss. Code Ann. § 55-3-5 Survey of state land.

The department is authorized to survey, or cause to be surveyed, all areas of land owned by the state for the purpose of determining the adaptability of such areas for use as state parks, state forests and/or game and fish preserves to be developed for the control of stream flow and erosion, recreation, game and fish refuges or preserves, forest preserves, and for other similar uses.

Miss. Code Ann. § 55-3-7 Transfer and dedication of lands for use as state forests, parks, etc.

The commission shall investigate and determine whether or not the public interests may be served by the utilization of any lands owned by the State of Mississippi, for state forests, parks, game and fish preserves, recreation centers, and for other public purposes, and the findings of the commission shall be submitted to the board of supervisors of the county wherein such lands lie. Thereupon the clerk of the board of supervisors shall post, or cause to be posted, in three (3) public places in said county, one (1) of which shall be the courthouse of said county, a notice setting out the findings of the commission and describing the lands involved and reciting that a hearing will be had before said board at its first regular meeting held after the expiration of twenty-one (21) days from the date of posting such notice, and that at such meeting any objections to the proposed transfer and dedication will be heard. Furthermore, the chancery clerk shall send by registered mail, with a return receipt requested, a copy of such notice to each person shown by the assessment rolls to have been the owner or of any of the lands concerned should such lands have been sold for taxes. However, any irregularity in the giving of such notice, either by posting or by mail, shall not invalidate any transfer or dedication made. After such hearing, the board of supervisors shall spread its findings upon its minutes, and if the transfer and dedication be approved, a certified copy of such findings shall be forwarded to the commission. The commission upon receipt of such resolution shall forward the same, together with its findings as to the description of such transfer and dedication, to the Governor. If he finds that the board of supervisors of the county wherein such lands lie has approved such transfer and dedication, he may, in his discretion, set aside and dedicate any lands owned by the state for such purposes above mentioned. After the Governor has proclaimed, set aside and dedicated any lands for such purposes, the same shall not thereafter be sold. However, no lands forfeited to the state for nonpayment of taxes thereon shall be so transferred and dedicated until after the expiration of eighteen (18) months after the date of maturity of such tax titles in the state.

Miss. Code Ann. § 55-3-9 Exchange of lands by state and private landowner.

If in the opinion of the commission, it is necessary to consolidate state lands for more economical administration as state parks and state forests, the Secretary of State, by and with the approval of the Governor, is authorized to exchange with individuals or corporations any state lands for other lands owned by individuals or corporations. The owner of such private lands shall make application for such exchange. In event such exchange is applied for, the Secretary of State is authorized to issue a patent, as provided by the existing statutes, to any landowner, upon the execution and delivery by the landowner of a deed conveying to the state land of equivalent value.

Miss. Code Ann. § 55-3-11 Control and management of lands.

The State Forestry Commission shall have the control and management of any and all forests or public parks set aside and dedicated as provided for in Section 55-3-7, and shall have authority to issue grazing or farming permits or leases on said parks, and to make sales of timber and other forest products of the soil from same. The Mississippi Commission on Wildlife, Fisheries and Parks shall have the control and management of any and all lands set aside and dedicated for a fish and game refuge and/or preserve. The State Forestry Commission and the Mississippi Commission on Wildlife, Fisheries and Parks shall cooperate in the utilization of any lands so dedicated both for forestry and game and fish conservation purposes. In the case of state forests and/or state parks the State Forestry Commission, and, in the case of fish and game preserves, the Mississippi Commission on Wildlife, Fisheries and Parks, is hereby vested with authority to institute proceedings against trespassers and others in the name of the State of Mississippi, and to do all things necessary and proper to obtain the most complete and advantageous developments of state forests, parks, and fish and game preserves.

Miss. Code Ann. § 55-3-13 Purchase or condemnation by counties of lands to be given to state; source of funds.

The board of supervisors of any county in the state is hereby authorized and empowered to purchase or acquire by eminent domain land to be conveyed to the state for state parks, forests and other purposes, as herein provided, and, for that purpose, is authorized and empowered to set aside, appropriate and expend moneys from the general fund. Said board shall have the authority to borrow money to make any such purchases of lands, in anticipation of the collection of taxes for the payment thereof. However, no lands occupied as a bona fide homestead shall be subjected to such power of eminent domain.

Miss. Code Ann. § 55-3-15 Disposition of revenues.

Seventy-five percent (75%) of the gross revenue derived from state forests shall be paid into the State Treasury to the credit of the general fund. Twenty-five percent (25%) derived from state forests shall be paid into the school fund of the county from which the revenue is derived, payment being made to the county as compensation for possible loss of revenue. Seventy-five percent (75%) of the gross revenue derived from fish and game refuges and/or preserves created and established by the Department of Wildlife, Fisheries and Parks in conjunction with the commission created in Section 55-3-5 shall be paid to the fisheries and wildlife fund of the state to be expended as other funds of the Department of Wildlife, Fisheries and Parks are expended, and twenty-five percent (25%) of such gross revenue shall be paid into the school fund of the county from which the revenue is derived.

Miss. Code Ann. § 55-3-17 Transfer of lands by drainage districts.

Any drainage district, acting through the drainage commissioners of said district, as organized and provided in Title 51, Chapters 27, 29, 31, of the Mississippi Code of 1972, is hereby authorized, in its discretion, to transfer to the State of Mississippi, free of any and all liens, any lands purchased by such drainage district for nonpayment of taxes. However, no such transfer shall be made except that it be stated in the deed of conveyance that the lands so transferred shall be dedicated and used by the State of Mississippi as provided in Sections 55-3-5 through 55-3-15.

Miss. Code Ann. § 55-3-19 Exercise of power of eminent domain when federal and state governments are establishing major park and forest and game reserve.

Where the federal government and the state government or any subdivision thereof are cooperating in the establishment of a major park and forest and game reserve, and where the property owners in the territory therein involved have agreed to convey as much as fifty percent (50%) of the area required for said purposes, the State Forestry Commission, together with the Mississippi Commission on Wildlife, Fisheries and Parks or any subdivision of the state, are hereby empowered to exercise the right of eminent domain in the manner now provided by law to obtain the necessary lands needed.

Miss. Code Ann. § 55-3-21 Kurtz State Forest.

There is hereby established in the State Treasury a revolving fund to be used by the State Forestry Commission to carry out the provisions of the will of William W. Kurtz, dated July 12, 1940, which donated one thousand seven hundred sixty (1,760) acres of forestland in Greene County to the State of Mississippi to be held, protected, administered and improved by the State Forestry Commission as a state forest. The fund shall be called the Kurtz State Forest Revolving Fund, and money for the fund shall accrue from any revenues derived from the Kurtz State Forest including, but not limited to, timber sales, hunting leases, permit fees, and stump and naval stores operations. The State Forestry Commission is authorized to expend a portion of the moneys in the fund to purchase in the name of the State of Mississippi other lands, not to exceed five hundred (500) acres, which are contiguous to or located near the lands donated by the Kurtz will, for the purpose of expanding the Kurtz State Forest. The State Forestry Commission also may expend moneys in the fund for the purposes described in Section 55-3-23. The State Treasurer shall invest all moneys in the fund, and interest earned on the investments shall be paid back into the fund and not into the General Fund. The fund shall be audited annually by the State Auditor.

Miss. Code Ann. § 55-3-23 Maintenance of cemetery where donors of Kurtz State Forest buried.

The Mississippi Forestry Commission is authorized, annually, to pay to the State Line Cemetery Association, out of the proceeds and receipts derived from timber sales in the Kurtz State Forest, an amount not to exceed Two Hundred Dollars ($200.00) for the upkeep of the cemetery in which W. W. Kurtz and wife, the donors of Kurtz State Forest, are buried.

Miss. Code Ann. § 55-3-31 Mississippi Department of Wildlife, Fisheries and Parks to be Mississippi Commission on Natural Resources, Bureau of Recreation and Parks; references to Mississippi Park Commission.

The Mississippi Department of Wildlife, Fisheries and Parks shall be the Mississippi Commission on Natural Resources, Bureau of Recreation and Parks, and shall retain all powers and duties granted by law to the Department of Natural Resources, Bureau of Recreation and Parks, and wherever the term Department of Natural Resources, Bureau of Recreation and Parks, appears in any law it shall mean the Department of Wildlife, Fisheries and Parks. The words “Mississippi Park Commission,” wherever they may appear in the laws of the State of Mississippi, shall be construed to mean the Mississippi Department of Wildlife, Fisheries and Parks.

Miss. Code Ann. § 55-3-33 General powers and duties of department.

The Mississippi Department of Wildlife, Fisheries and Parks may: Take charge and have full jurisdiction and control over all state parks, which parks shall be operated for the purpose of providing outdoor recreational activities and enjoyment for the citizens of the State of Mississippi and for the purpose of attracting visitors to the state. Set up a uniform accounting procedure for the state parks and prescribe the manner in which books, records and accounts shall be kept, which procedure shall account for all monies taken in and expended by the various parks and shall provide for periodic audits of such books. Accept gifts, bequests of money or other property, real or personal, to be used for the purpose of advancing the recreation and conservation interests in state parks. The department is authorized, subject to approval by the State Legislature, to purchase property, real or personal, to be used for state park purposes. Contract with the State Transportation Commission, any municipality or board of supervisors of the state for locating, constructing and maintaining roads and other improvements in state parks and for payment of a part of the costs thereof; however, no county or municipality more than twenty-five (25) miles distant from a state park may contract for, or do, or pay for any such work for a state park other than the International Gardens of Mississippi. Any county or municipality authorized to assist financially under the provisions of Sections 55-3-31 through 55-3-51 is authorized, in the discretion of its respective governing authority, to set aside, appropriate and expend monies from the General Fund for the purpose of defraying such expense after a mandatory election is held on the question within the county or municipality. Designate employees as peace officers with power to make arrests for infraction of the rules and regulations of the department. Such officers are authorized to carry weapons and to enforce the laws of the State of Mississippi within the confines of a state park. Enforce and delegate the responsibility to enforce all reasonable rules and regulations governing the occupancy and use of lands and waters in state parks under its jurisdiction, supply recreational and conservation facilities and charge fees for the use of same; review all rates and charges for facilities and accommodations furnished at the various state parks annually, making such charges as are justified; and establish fees for entrance to state parks. To periodically establish a discounted fee or fees for the entry and use of selected state parks and recreational facilities. The discounted fee or fees shall only be used for the purpose or purposes of marketing and promotion to increase the patronage and revenue of those selected parks and facilities. The discounted fee or fees shall not be considered a donation of state property. Each park shall retain from revenues generated therein, a sum sufficient to pay necessary expenses of operation, but in no event to be less than seventy-five percent (75%) of such revenues. The department shall have the authority to lease to any entity, sell and convey or otherwise transfer to any county or municipality, or close any state park or historical site within its jurisdiction which received a general fund subsidy in fiscal year 1985 in excess of Two Dollars ($2.00) per visitor to such state park or historical site; provided, however, that this authority shall not include the authority to sell, lease or convey any park that was not in operation under the jurisdiction of the department for a full fiscal year prior to fiscal year 1986. The department may execute agreements with rails-to-trails and recreational districts by which the department will assume responsibility for the operation and maintenance of trails developed under Sections 55-25-1 through 55-25-15. The department may contract with the electric public utility with a certificate of public convenience and necessity to serve the area where a state park is located for the transfer of ownership of the electrical infrastructure in the state park to that electric public utility. If the electric public utility enters into an agreement for the operation and maintenance of electrical facilities in a state park, the electric public utility may perform any upgrades to the electrical infrastructure of the park that are necessary for the electrical infrastructure to be in compliance with the electric public utility standards. The electric public utility may assess the costs of the upgrades to the department upon the terms and conditions agreed to by the department and the electric public utility. The department may contract with the electric public utility with the certificate of public convenience and necessity to serve the area for the erection, construction, maintenance, operation and control of electric distribution substations, electric transmission lines, electrical appurtenances, electrical appliances or electrical equipment necessary or useful in the operation or distribution of electric power or energy in the state park. Any agreement entered into by the department and an electric public utility under this subsection is exempt from the public purchasing requirements under Section 31-7-13.

Miss. Code Ann. § 55-3-35 Repealed.

Repealed by Laws, 1978, ch. 484, § 42, eff from and after July 1, 1979. § 55-3-35 . [Codes, 1942, § 5958-03; Laws, 1971, ch. 492, § 3] § 55-3-37 . [Codes, 1942, § 5958-05; Laws, 1971, ch. 492, § 5] § 55-3-39 . [Codes, 1942, §§ 5958-03, 5958-04; Laws, 1971, ch. 492, §§ 3, 4] Editor’s Notes — Former § 55-3-35 related to the selection of an executive director for the Mississippi Park Commission. Former § 55-3-37 related to the duties and responsibility of the executive director of the Mississippi Park Commission. Former § 55-3-39 related to employees of the park commission.

Miss. Code Ann. § 55-3-41 Mississippi Park Fund.

A fund to be known as “Mississippi Park Fund” is hereby established in the State Treasury, and all funds held in the “Mississippi Park System Fund” shall be transferred thereto. Funds collected by the department shall be deposited in the State Treasury to the credit of the fund. The interest from the Mississippi Park Fund earned from any investment or deposit made pursuant to Section 27-105-33, Mississippi Code of 1972, shall be credited to the Mississippi Park Fund by the treasurer. Expenditures shall be made from the fund upon requisition signed by the executive director, or by a person whom the executive director may designate and the State Fiscal Officer shall issue his warrant on the State Treasury payable out of the Mississippi Park Fund. All funds in the Mississippi Park Fund shall be expended only pursuant to appropriation approved by the Legislature and as provided by law.

Miss. Code Ann. § 55-3-43 Repealed.

Repealed by Laws, 1983, ch. 469, § 10, eff from and after July 1, 1983. [Codes, 1942, § 5958-03; Laws, 1971, ch. 492, § 3]

Miss. Code Ann. § 55-3-45 Local advisory committees.

The commission may appoint for each state park a local advisory committee to furnish counsel and advice to the executive director and to park personnel concerning the operation and development of said park. The committee is to serve without pay.

Miss. Code Ann. § 55-3-47 Leasing and conveyance of easements and rights-of-way; settlement of title or boundary disputes; sale or exchange of certain state park lands; disposition of revenues.

In order to carry out its management responsibilities over all state park lands which are now or which may hereafter come under its jurisdiction, the Mississippi Department of Wildlife, Fisheries and Parks is hereby authorized to lease, and to grant easements and rights-of-way over and across, any part of such state park lands. Such leases, easements and rights-of-way may be granted for such consideration, and upon such terms and conditions, as the department may deem to be in the best interest of the state, consistent with the use of said lands for recreational purposes, and subject to the following limitations: The department shall lease such lands for a term not exceeding twenty-five (25) years and shall grant in the original lease contract a nonnegotiable option to renew such lease for an additional term not to exceed twenty-five (25) years. Both the original lease contract and the option to renew such lease shall be transferable contracts. Further, the department shall not lease such lands for purposes which are incompatible with recreational use and may place such terms, limitations, restrictions and conditions in such leases as are deemed necessary to ensure the proper utilization of such lands. Any easement for a utility line shall be granted for that period of time which the department deems to be in the best interest of a state park. The department is further authorized to enter into such agreements as may be required, upon such terms as may be found to be in the best interest of the state, in settlement of disputes or litigation regarding the title to or boundaries of any state park lands within the jurisdiction of the department, provided such settlement agreements shall be negotiated and drafted with the advice, counsel and assistance of the Attorney General and shall be approved by the Department of Finance and Administration. In case any of the real estate within any state park under the jurisdiction of the department shall cease to be used or useful for state park purposes, or becomes the subject of boundary or title disputes or litigation, the department may sell and convey the same, with the approval of the Department of Finance and Administration, upon such terms as the Department of Finance and Administration may elect and may, in addition, exchange the same, with the approval of the department, for real estate belonging to any other political subdivision or state, county or local governmental agency or department. The department is authorized to sell and convey or otherwise transfer any state park or historical site as described in subsection (2) of Section 55-3-33. Before any such sale or transfer, except as may occur in settlement of title or boundary disputes or litigation, the department shall publish notice of its intention to sell the park land by public sale to the highest and best bidder at least once each week for three (3) consecutive weeks in at least one (1) public newspaper of general circulation in the county where such land is located and also in at least one (1) newspaper of general circulation throughout the state. Prior to any such sale, the department shall obtain at least two (2) separate and independent appraisals of the land to be sold and may not accept any bid lower than the average of all appraisals made. The department may reject any and all bids. The owner or any co-owner of record next preceding the state in title to any lands sold hereunder by public bid, excluding any entity which may have exercised the power of eminent domain to assist the state in acquiring said lands, shall have the opportunity to reacquire such lands by matching the successful bid therefor. If the owner or any co-owner of record next preceding the state in title, or the heirs or estate of such owner or co-owner, acquires said lands, then the department shall not reserve unto the state any minerals owned by the state underlying the conveyed lands. However, if anyone other than such owner or co-owner, or his heirs or estate, acquires said lands, then the department shall reserve unto the state one-half (1/2) of the minerals owned by the state underlying the conveyed lands, except for lands sold in settlement of title or boundary disputes or litigation, in which case the department may, in its discretion, reserve said minerals. Appraisal fees shall be shared equally by the department and purchaser. In exercising the authority granted in this section, the department may act by and through its executive director in the execution of any document or instrument prepared hereunder. Any lease, deed or settlement agreement executed under the provisions of this section shall bear the seal and attest of the Secretary of State, with whom said instrument or document shall be filed and recorded in addition to any other recording requirements of state law. This section shall not apply to sixteenth section school lands or lieu lands included within any state park, except as may be necessary or appropriate for the department to ratify or confirm any action taken by the agency or department having jurisdiction over such school or lieu lands. All revenues collected by the department by virtue of any transaction consummated under the provisions of this section shall be deposited in the Mississippi Park Fund created by Section 55-3-41, from which funds shall be expended only as authorized by the legislative appropriations process. This section shall not apply to the donation and conveyance of the Nanih Waiya State Park to the Mississippi Band of Choctaw Indians.

Miss. Code Ann. § 55-3-48 Pilot program to lease lands within certain state parks for commercial development; State Park Lease Development Endowment Fund created; State Parks Pilot Program Advisory Council created; composition.

For the purposes of this section, the following terms shall have the meanings ascribed in this section unless the context clearly requires otherwise: “Commission” means the Mississippi Commission on Wildlife, Fisheries and Parks. “Department” means the Mississippi Department of Wildlife, Fisheries and Parks. The Mississippi Department of Wildlife, Fisheries and Parks, with the approval of the Commission on Wildlife, Fisheries and Parks, may conduct a pilot program to lease to any person, private entity or governmental entity for commercial development on United States Corp of Engineer’s lands within the following state parks: George P. Cossar, Hugh White and John W. Kyle. The commission shall establish criteria for identifying such land or property. Before approving any land or property located within any of the three (3) state parks for commercial lease and development, the commission must make an affirmative finding and enter upon its official minutes a statement that the development of the land will not be incompatible with the outdoor recreational purposes and opportunities existing at the park or inaccessible to the general public. The lease may be for a term and upon conditions as the commission may deem to be in the best interest of the state. If any lease executed under the provisions of this section results in a person being terminated or removed from employment with the department, then the department shall give preference to hiring that person when filling vacant or new employment positions elsewhere within the department. A developer or lessee may sublease such portions of his lease as may be necessary for the development of a project. A sublease shall be an assignable contract and shall be for commercial purposes, as approved by the commission; however, a sublease may not be for a term in excess of the remaining term of the developer’s lease. Each sublease from the developer shall contain an option for the sublessee to renew or renegotiate the lease directly with the department, at any time following ten (10) years after the beginning date of any sublease from the developer. Rental payments due under any lease executed under this section shall be paid to the department and shall be deposited into the State Park Lease Development Endowment Fund created in this section. Any construction occurring on land or property leased under this section must fully comply with all applicable state laws, rules and regulations, and any local building codes and zoning ordinances. Development plans and construction must have the prior approval of the commission. The department, with approval of the commission, may enter into contracts or agreements with agencies of the United States government, municipalities, corporations, districts, public agencies, political subdivisions of any kind, and others for any services, facilities, utilities or commodities that any development project under the provisions of this section may require. The contract or agreement may be assigned to the developer or lessee, may be upon any terms that conform to the provisions of this section, may be for any time as the parties may agree, and may provide that the contract or agreement shall continue in effect until assigned to, or renegotiated by, a sublessee of the developer or lessee. There is created in the State Treasury a special fund to be known as the “State Park Lease Development Endowment Fund.” The fund shall consist of all monies required to be deposited therein under the provisions of this section. The principal of the fund shall remain inviolate and shall be invested as provided by law. Interest and income derived from investment of the principal of the fund may be expended by the Mississippi Department of Wildlife, Fisheries and Parks, upon appropriation by the Legislature, only for the purpose of constructing, reconstructing, repairing, renovating or making improvements to real and personal property and facilities located within the state parks. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund. There is created a State Parks Pilot Program Advisory Council to the Commission on Wildlife, Fisheries and Parks to advise and assist the commission on the selection of any developers, development plans and approval of leases for development of the three (3) state parks under the provisions of this section with any person, private or governmental entity. Members of the advisory council shall have no veto authority, and shall serve only as ex officio members of the commission. The advisory council shall consist of three (3) members, one (1) member each to be selected and appointed by the Boards of Supervisors for Grenada, Panola and Yalobusha Counties, representative of each county in which a pilot-program park is located. The terms of the members of the advisory council shall run concurrently with the term of the appointing board of supervisors. In making its appointment to the advisory council, the boards of supervisors shall be limited to appointing an individual who is a member of the following organizations: A flood control/navigation or upper levee board association; A statewide soil, water and conservation organization; A statewide recreational organization; A statewide garden club association; or A tourism and economic development association.

Miss. Code Ann. § 55-3-49 Preventive maintenance program.

The department through its executive director, shall inaugurate a positive program of preventive maintenance for all parks under its jurisdiction.

Miss. Code Ann. § 55-3-51 Development of historic sites.

The department shall give due and careful attention to the proper development of historical sites designated within its jurisdiction. However, the department shall not accept for its supervision, control, responsibility or jurisdiction any historic sites hereafter offered to it without prior legislative approval.

Miss. Code Ann. § 55-3-53 Sale of timber on state park lands.

The Mississippi Department of Wildlife, Fisheries and Parks is hereby authorized and empowered to sell and dispose of timber, trees, deadwood and stumps standing, growing and being upon the lands of state parks. Such timber shall be sold and disposed of under the direction and specifications of the Department of Wildlife, Fisheries and Parks in accordance with sound and efficient principles of selective cutting, forestry management and conservation. Before any such timber, trees, deadwood and stumps shall be sold, the Department of Wildlife, Fisheries and Parks shall select and mark the trees to be cut and disposed of. No trees or timber shall be marked for cutting when the cutting thereof would destroy or mar the scenic views from the tourist observation points in said park. The purchaser shall pay double price on sale basis for all trees, timber or stumps cut that had not been marked for removing by the Department of Wildlife, Fisheries and Parks. Before any such timber, trees, deadwood or stumps standing, growing or being upon such land shall be sold, the department shall advertise its intention so to do by publication in a newspaper published or having general circulation in the county or counties where parks are located, such notice to be published at least once a week for three (3) consecutive weeks preceding the sale and by posting one (1) notice in the courthouse in such county. The notice shall specify that such bids shall be filed with the superintendent of the state park involved, who shall transmit same to the Department of Wildlife, Fisheries and Parks for rejection or approval. Said department shall accept the bid of the highest and best bidder for cash, but shall have the right to reject any and all of such bids. Provided, however, in the case of damage by fire, windstorm, insects or other natural causes which would require immediate sale of the timber, because the time involved for advertisement as prescribed herein would allow decay, rot or destruction substantially decreasing the purchase price to be received had not such delay occurred, the advertisement provisions of this section shall not apply. The State Park Director, upon a written recommendation from the county forester of the county wherein said state park is located, shall determine when immediate sale of the timber is required. When the State Park Director shall find an immediate sale necessary for the causes stated herein, he shall, in his discretion, set the time for receipt of bids on the purchase of said timber, but shall show due diligence in notifying competitive bidders so that a true competitive bid shall be received. Whenever any timber, trees, deadwood or stumps are sold under the provisions of this section, the purchaser thereof shall have all necessary rights of ingress and egress to enter upon said land and cut and remove such timber, trees, deadwood or stumps. The proceeds derived or received from all sales under the provisions of this section shall be placed in the State Parks Timber Management Endowment Fund created under Section 55-3-54. Notwithstanding the provisions of subsection (1) of this section, the Department of Wildlife, Fisheries and Parks may cut and sell trees damaged by fire, windstorm or insects and deadwood and stumps located upon the lands of state parks for firewood. Such firewood shall be sold only to overnight guests at state parks for use at state parks. The Department of Wildlife, Fisheries and Parks shall select and mark all trees to be cut for firewood.

Miss. Code Ann. § 55-3-54 State Parks Timber Management Endowment Fund.

There is created in the State Treasury a special fund to be known as the “State Parks Timber Management Endowment Fund.” The fund shall consist of all monies required to be deposited therein under the provisions of Section 55-3-53. The principal of the fund shall remain inviolate and shall be invested as provided by law. Interest and income derived from investment of the principal of the fund may be expended by the Mississippi Department of Wildlife, Fisheries and Parks, upon appropriation by the Legislature, only for the purpose of constructing, reconstructing, repairing, renovating or making improvements to real and personal property and facilities on any of the state parks under the jurisdiction and control of the Commission on Wildlife, Fisheries and Parks. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.

Miss. Code Ann. § 55-3-55 Repealed.

Repealed by Laws, 1978, ch. 484, § 42, eff from and after July 1, 1979. [Codes, 1942, § 5957-07; Laws, 1964, ch. 240, § 7]

Miss. Code Ann. § 55-3-57 Bond of employees; disposition of recovery on forfeiture of bond.

Each employee of the department, when required by resolution of a majority of the commission, shall give a bond for the faithful performance of his duties as an employee of the commission, which bond shall be made payable to the State of Mississippi and shall be in the penal sum of One Thousand Dollars ($1,000.00). In case of forfeiture of any bond provided for herein, and recovery on same, the amount received shall go to the department, to be used by it in furtherance of the management and development of the state parks.

Miss. Code Ann. § 55-3-59 Penalties for violations of rules and regulations.

Any person violating any of the rules and regulations promulgated by the commission is guilty of a misdemeanor, and upon conviction, shall be liable to a fine of not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00), or be subject to imprisonment for not less than ten (10) days nor more than thirty (30) days, or shall be liable to both such fine and imprisonment in the discretion of the court.

Miss. Code Ann. § 55-3-61 Appropriations and donations by county boards of supervisors for park purposes.

The board of supervisors of any county where a state park is located may, in its discretion, appropriate and donate to the Department of Wildlife, Fisheries and Parks yearly a sum not to exceed Five Thousand Dollars ($5,000.00) out of the general county fund for the establishment, maintenance and support of the state park within that county. All money appropriated and donated by the board of supervisors shall be used for the establishment, maintenance and support of the state park within such county and for no other purpose. The board of supervisors of any county lying wholly within a levee district, and having two (2) judicial districts, bordering on the Mississippi River and wherein Highway 61 and Highway 8 intersect, is authorized, in its discretion, to expend funds from the general fund of the county for the establishment, maintenance and support of a state park within that county to be located upon lands situated adjacent to the Mississippi River and lying west of the mainline Mississippi River levee within that county. In addition, the board is authorized, in its discretion, to expend county or supervisors district road maintenance and construction funds for the construction and maintenance of roads leading to and across the lands upon which the park is to be located.

Miss. Code Ann. § 55-3-63 Sardis Lake and Enid Lake state parks.

There are hereby authorized to be established state parks to be under the jurisdiction of the department, on land to be provided for this purpose by the United States: On Sardis Lake in Panola County, Mississippi; On Sardis Lake in Lafayette County, Mississippi, reasonably close and accessible to the University of Mississippi near the Sardis Dam Reservoir on the south side of Sardis Lake; and On Enid Lake in Yalobusha County, Mississippi.

Miss. Code Ann. § 55-3-65 State park, game management areas and wildlife refuges in Pickwick Reservoir Area.

The Governor of the State of Mississippi is hereby authorized to enter into an indenture and agreement with the Tennessee Valley Authority as the agent of the United States of America whereby the State of Mississippi will acquire certain lands located in Tishomingo County, Mississippi, in the Pickwick Reservoir Area for use as a state park or parks, game management areas, and/or wildlife refuges. The department is hereby authorized and empowered to establish, maintain and operate a state park or parks, game management areas, and/or wildlife refuges on said lands thus acquired. The department is authorized to build a lodge or lodges, cabins, boating, recreational, camping, and any and all other facilities suitable or convenient for the purpose of establishing such a state park or parks, game management areas, and/or wildlife refuges not to be limited by the enumeration of purposes above. All state and local agencies of government are authorized to assist and cooperate with the commission for the purposes of this section.

Miss. Code Ann. § 55-3-67 Samuel Dale historical monument.

There is hereby authorized to be established an historical monument near Meridian, Mississippi, in Lauderdale County, at the burial site of Samuel Dale, which area shall be under the jurisdiction of the department.

Miss. Code Ann. § 55-3-69 Comprehensive long-range plan for development of state outdoor recreation resources.

The commission, in cooperation with the University Research Center, is authorized and directed to supervise the preparation, maintenance and upgrading of a comprehensive long-range statewide plan for the development of outdoor recreation resources of the state, which plan will be prepared by the staff of the commission.

Miss. Code Ann. § 55-3-71 Duties of executive director relating to Land and Water Conservation Fund Act.

The executive director is designated as the authorized representative of the State of Mississippi under the federal Land and Water Conservation Fund Act, and the executive director is hereby directed to utilize the plan specified in Section 55-3-69 in carrying out the authority vested in said office, it being the intention that any action taken by the authorized representative be pursuant to and in compliance with said plan.

Miss. Code Ann. § 55-3-73 Agreements with United States, etc., generally; representation of state and local entities.

The commission may enter into contracts and agreements with the United States or any appropriate agency thereof, keep financial records and other records relating thereto, and furnish to appropriate officials and agencies of the United States such reports and information as may be reasonable and necessary to enable such appropriate officials of the United States government and agencies thereof to perform their duties under such federal programs. In connection with obtaining for the State of Mississippi the benefits of any such program, the department shall coordinate its activities with and represent the interest of all agencies and departments of the state and of the municipal, county and other governmental units and subdivisions of the State of Mississippi having interest in the planning, development and maintenance of outdoor recreation resources and facilities within the state.

Miss. Code Ann. § 55-3-75 Projects to be undertaken only if funds are available.

Projects may be undertaken only after the department has determined that sufficient funds are available for meeting the state’s share of project costs.

Miss. Code Ann. § 55-3-77 Agreements with United States on behalf of counties, municipalities and other governmental units.

The commission may enter into and administer agreements with the United States or any appropriate agency thereof for the planning, acquisition, or development of projects involving participating federal aid funds on behalf of any county, municipality or other governmental unit, provided that such county, municipality or other governmental unit gives necessary assurances to the department that it has available sufficient funds to meet its share of the cost of the project and that the acquired or developed areas will be operated and maintained at its expense for public outdoor recreation use.

Miss. Code Ann. § 55-3-79 Outdoor Recreation Fund.

There is hereby created a Mississippi Outdoor Recreation Fund. Any federal funds received under Sections 55-3-69 through 55-3-77 shall be deposited in the State Treasury and credited to the Mississippi Outdoor Recreation Fund for the purpose of carrying out the provisions of said sections. The funds in this account shall be disbursed by the department in the usual manner that state funds are disbursed.

Miss. Code Ann. § 55-3-81 Functions and jurisdiction of state agencies unaffected by Sections 55-3-69 through 55-3-79.

Nothing in Sections 55-3-69 through 55-3-79 shall be construed as attempting to substitute, transfer or supersede the proper constitutional or statutory function or jurisdiction of any state agency or head thereof by any other state agency.

Miss. Code Ann. § 55-3-83 Yocona Ridge State Park renamed George Payne Cossar State Park.

The Department of Wildlife, Fisheries and Parks is hereby directed to change the name of the Yocona Ridge State Park to the “George Payne Cossar State Park.” Any reference in any laws of the State of Mississippi to the Yocona Ridge State Park shall be deemed to mean the George Payne Cossar State Park.

Miss. Code Ann. § 55-3-101 Authority of Governor to close state parks.

As supplemental to and in addition to all other power and authority which may now be vested in the Governor of the State of Mississippi by the constitution or statutes, or both, or any power or authority which may be vested in him by common law as Governor, as such, the Governor of the State of Mississippi is hereby vested with the authority to close any or all state parks in the State of Mississippi when, in his discretion, he determines such closure would be to the best interest of the county or counties in which any state park or parks may be situated, or whenever he so determines such to be to the best interest of the State of Mississippi. The said Governor, as such, is also vested with such supplemental and additional authority to close any or all state parks in the State of Mississippi when, in his discretion, he determines such closure will promote or preserve the public peace, order or tranquility of the county or counties in which such park or parks may be situated, or that such closure will promote or preserve the public peace, order or tranquility in and of the State of Mississippi. The fact that the power and authority to close any or all of the state parks may be by some other statute of the State of Mississippi now or hereafter vested in some other person or officer or commission shall not cause this section and any other such law or laws to be in conflict nor shall same be construed to be in conflict with each other. Such power and authority vested in each such commission or person or officer, as the case may be, may be exercised by each or either, independent of any other such commission of person or persons or officer or officers.

Miss. Code Ann. § 55-3-103 Proclamation as to closure; period of closure.

The decision or determination to close any or all of the state parks shall be effectuated and evidenced by a proclamation of the Governor of the State of Mississippi and which shall be effective upon his execution or issuance thereof. Such park or parks closed shall remain so closed until said Governor shall execute or issue a further proclamation opening same. The use by said governor of the power vested in him by the terms of Section 55-3-101 may be exercised from time to time, as, in his discretion, he may deem necessary for any or all of the purposes specified in said section. Any proclamation of closure need not specify the period of time during which such closure shall be effective.

Miss. Code Ann. § 55-3-105 Entry upon premises of closed park.

Upon the closure of any state park or parks, no person shall go or enter upon the premises thereof except with the permission or approval of said Governor. Any other person going or entering upon said premises shall be a trespasser and guilty of a misdemeanor under the laws of the State of Mississippi and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00) or imprisoned in the county jail for not more than thirty (30) days, or both so fined and imprisoned.