Mississippi Outdoor Stewardship Trust Fund; increase amount of monies in that may be used to defray board of trustees expenses in carrying out duties.

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To: Wildlife, Fisheries and
Parks; Ways and Means
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Kinkade, Keen, Morgan

HOUSE BILL NO. 1363

AN ACT TO AMEND SECTION 49-39-7, MISSISSIPPI CODE OF 1972, TO 1
INCREASE THE AMOUNT OF MONIES IN THE MISSISSIPPI OUTDOOR 2
STEWARDSHIP TRUST FUND THAT MAY BE USED BY THE BOARD OF TRUSTEES 3
OF THE MISSISSIPPI OUTDOOR STEWARDSHIP TRUST FUND AND THE 4
DEPARTMENT OF FINANCE AND ADMINISTRATION TO DEFRAY THE BOARD'S 5
EXPENSES IN CARRYING OUT ITS DUTIES UNDER THE MISSISSIPPI OUTDOOR 6
STEWARDSHIP ACT; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 49-39-7, Mississippi Code of 1972, is 9
amended as follows: 10
49-39-7. (1) (a) There is created in the State Treasury a 11
special fund to be designated the "Mississippi Outdoor Stewardship 12
Trust Fund." The special fund shall consist of monies 13
appropriated by the Legislature. Monies shall be accounted for in 14
such a manner to be termed unobligated funds or obligated funds. 15
Unexpended amounts remaining in the special fund at the end of a 16
fiscal year shall not lapse into the State General Fund, and any 17
investment earnings or interest earned on amounts in the special 18
fund shall be deposited to the credit of the special fund; 19
however, any unobligated monies in excess of Twenty Million 20
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Dollars ($20,000,000.00), excluding federal funds, remaining in 21
the special fund at the end of a fiscal year that have not been 22
appropriated shall lapse into the State General Fund. Monies in 23
the special fund may be used upon selection by the board. The 24
board and the Department of Finance and Administration may use not 25
more than * * * three percent (3%) of monies in the special fund 26
to defray the board's expenses in carrying out its duties under 27
this chapter. 28
(b) Subject to the provisions of this chapter, monies 29
in the special fund may be used and expended by the board to 30
provide funds for grants to counties, municipalities, state 31
agencies and nongovernmental entities for: 32
(i) Improvement of state park outdoor recreation 33
features and trails; 34
(ii) Acquisition and improvement of parks and 35
trails by counties and municipalities, if such parks and trails 36
lie within the jurisdiction of such counties and municipalities; 37
(iii) Restoration or enhancement projects to 38
create or improve access to public waters and lands for public 39
outdoor recreation, conservation education, or the safe use and 40
enjoyment of permanently protected conservation land; 41
(iv) Restoration or enhancement on privately owned 42
working agricultural lands and forests that support conservation 43
of soil, water, habitat of fish and wildlife resources; 44
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(v) Restoration or enhancement of wetlands, native 45
forests, native grasslands and other unique habitats important for 46
Mississippi's fish and wildlife; and 47
(vi) Acquisition of critical areas for the 48
provision or protection of clean water, wildlife, hunting, 49
fishing, military installation buffering or natural resource-based 50
outdoor recreation. Real property may only be acquired under this 51
subparagraph (vi) when the property: 52
1. Is, at the time of acquisition, being 53
leased by the state as a wildlife management area; 54
2. Adjoins or is in close proximity to state 55
or federal wildlife management areas or state parks, or would 56
provide better public access to such areas; 57
3. Is identified in a wildlife action plan 58
developed by a state agency; 59
4. Constitutes riparian lands, and its 60
acquisition is for the purpose of protecting any drinking water 61
supply; or 62
5. Surrounds a military base or military 63
installation. 64
Acquisition of land under this subparagraph (vi) may not be 65
made through the exercise of any power of eminent domain or any 66
condemnation proceeding. 67
(c) Unless otherwise authorized by the board, a county, 68
municipality, state agency or nongovernmental entity receiving 69
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funds for a project under this section must expend the funds for 70
the project within two (2) years after receipt of the funds in 71
order to be eligible to apply for additional funds for the project 72
under this section. If a county, municipality, state agency or 73
nongovernmental entity receiving funds for a project does not 74
expend the funds within two (2) years after receipt of the funds, 75
then the county, municipality, state agency or nongovernmental 76
entity must provide an accounting of such unused funds and the 77
reason for failure to expend the funds. If the board determines 78
that the project will not be completed in a timely manner, the 79
county, municipality, state agency or nongovernmental entity must 80
then return any unexpended funds. 81
(d) Monies in the special fund may not be used, 82
expended or transferred for any other purpose other than 83
authorized in this chapter. 84
(e) Any state agency receiving funds from the 85
Mississippi Outdoor Stewardship Trust Fund under this section may 86
escalate its budget and expend such funds in accordance with rules 87
and regulations of the Department of Finance and Administration in 88
a manner consistent with the escalation of federal funds. 89
(2) (a) The board shall accept applications from counties, 90
municipalities, state agencies and nongovernmental entities for 91
project proposals eligible for funding under this section. The 92
board shall evaluate the proposals received in accordance with 93
this chapter. 94
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(b) A county, municipality, state agency or 95
nongovernmental entity desiring assistance under this section must 96
submit a complete application to the board. The application must 97
include a description of the purpose for which assistance is 98
requested, the type and amount of assistance requested and any 99
other information required by the board. 100
(c) The board shall require annual independent audits 101
of all expenditures from the special fund and present those 102
findings to the Governor, Lieutenant Governor, Speaker of the 103
House, Chairs of the Senate and House Appropriations Committees, 104
Chairs of the Senate Finance and House Ways and Means Committees 105
and Chairs of the Senate and House Wildlife, Fisheries and Parks 106
Committees. 107
(d) To be eligible for funding, any nongovernmental 108
entity applicant must submit its most recent audit, disclose any 109
audit deficiencies in the previous five (5) years, submit its 110
certificate of good standing from the Mississippi Secretary of 111
State, and submit a current list of its board members for purposes 112
of conflicts of interest. 113
(e) For funds to be spent on private land, the 114
applicant must show demonstrably that the project will benefit the 115
public. 116
(f) Projects that acquire property shall not be 117
considered for approval until after July 1, 2024. 118
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(3) The board, at its first meeting of each calendar year, 119
shall prepare a list of priorities and criteria to guide the 120
selection of projects. The board shall give increased priority to 121
projects: 122
(a) Supporting the public recreation and conservation 123
efforts of state agencies, counties and municipalities; 124
(b) Leveraging or matching other nonfederal or federal 125
funds available for similar purposes; 126
(c) Supporting and promoting recreation in the form of 127
archery, boating, hiking, camping, fishing, hunting, running, 128
jogging, biking, walking, shooting or similar outdoor activities; 129
(d) Contributing to the improvement of the quality and 130
quantity of surface water and groundwater; or 131
(e) Contributing to the conservation of soil, water, 132
and fish and wildlife resources on privately owned working 133
agricultural lands or forests. 134
(4) Upon approval of the total list of projects by the 135
board, the list of projects shall be submitted to the Lieutenant 136
Governor, Speaker of the House, Chairs of the Senate and House 137
Appropriations Committees, Chairs of the Senate Finance and House 138
Ways and Means Committees and Chairs of the Senate and House 139
Wildlife, Fisheries and Parks Committees. If federal funds or 140
guidelines become available and are certified by the Executive 141
Director of the Department of Finance and Administration or the 142
Executive Director of the Mississippi Outdoor Stewardship Fund, 143
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ST: Mississippi Outdoor Stewardship Trust Fund;
increase amount of monies in that may be used to
defray board of trustees expenses in carrying
out duties.
the board shall be authorized to expend funds from the Mississippi 144
Outdoor Stewardship Trust Fund and shall notify the Lieutenant 145
Governor, Speaker of the House, Chairs of the Senate and House 146
Appropriations Committees, Chairs of the Senate Finance and House 147
Ways and Means Committees, Chairs of the Senate and House 148
Wildlife, Fisheries and Parks Committees, and Legislative Budget 149
Office of such expenditures prior to their distribution to certain 150
projects approved by the board. 151
SECTION 2. This act shall take effect and be in force from 152
and after July 1, 2026. 153