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

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To: Ways and Means
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Lamar, Bounds

HOUSE BILL NO. 1941
(As Sent to Governor)

AN ACT TO AMEND SECTION 49-39-7, MISSISSIPPI CODE OF 1972, TO 1
REVISE THE AMOUNT OF MONIES IN THE MISSISSIPPI OUTDOOR STEWARDSHIP 2
TRUST FUND THAT MAY BE USED BY THE BOARD OF TRUSTEES OF THE 3
MISSISSIPPI OUTDOOR STEWARDSHIP TRUST FUND AND THE DEPARTMENT OF 4
FINANCE AND ADMINISTRATION TO DEFRAY THE BOARD'S EXPENSES IN 5
CARRYING OUT ITS DUTIES UNDER THE MISSISSIPPI OUTDOOR STEWARDSHIP 6
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 25
use * * * monies in the special fund to defray the board's actual 26
expenses in carrying out its duties under this chapter, in an 27
amount not to exceed Three Hundred Thousand Dollars ($300,000.00) 28
in any fiscal year. 29
(b) Subject to the provisions of this chapter, monies 30
in the special fund may be used and expended by the board to 31
provide funds for grants to counties, municipalities, state 32
agencies and nongovernmental entities for: 33
(i) Improvement of state park outdoor recreation 34
features and trails; 35
(ii) Acquisition and improvement of parks and 36
trails by counties and municipalities, if such parks and trails 37
lie within the jurisdiction of such counties and municipalities; 38
(iii) Restoration or enhancement projects to 39
create or improve access to public waters and lands for public 40
outdoor recreation, conservation education, or the safe use and 41
enjoyment of permanently protected conservation land; 42
(iv) Restoration or enhancement on privately owned 43
working agricultural lands and forests that support conservation 44
of soil, water, habitat of fish and wildlife resources; 45
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(v) Restoration or enhancement of wetlands, native 46
forests, native grasslands and other unique habitats important for 47
Mississippi's fish and wildlife; and 48
(vi) Acquisition of critical areas for the 49
provision or protection of clean water, wildlife, hunting, 50
fishing, military installation buffering or natural resource-based 51
outdoor recreation. Real property may only be acquired under this 52
subparagraph (vi) when the property: 53
1. Is, at the time of acquisition, being 54
leased by the state as a wildlife management area; 55
2. Adjoins or is in close proximity to state 56
or federal wildlife management areas or state parks, or would 57
provide better public access to such areas; 58
3. Is identified in a wildlife action plan 59
developed by a state agency; 60
4. Constitutes riparian lands, and its 61
acquisition is for the purpose of protecting any drinking water 62
supply; or 63
5. Surrounds a military base or military 64
installation. 65
Acquisition of land under this subparagraph (vi) may not be 66
made through the exercise of any power of eminent domain or any 67
condemnation proceeding. 68
(c) Unless otherwise authorized by the board, a county, 69
municipality, state agency or nongovernmental entity receiving 70
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funds for a project under this section must expend the funds for 71
the project within two (2) years after receipt of the funds in 72
order to be eligible to apply for additional funds for the project 73
under this section. If a county, municipality, state agency or 74
nongovernmental entity receiving funds for a project does not 75
expend the funds within two (2) years after receipt of the funds, 76
then the county, municipality, state agency or nongovernmental 77
entity must provide an accounting of such unused funds and the 78
reason for failure to expend the funds. If the board determines 79
that the project will not be completed in a timely manner, the 80
county, municipality, state agency or nongovernmental entity must 81
then return any unexpended funds. 82
(d) Monies in the special fund may not be used, 83
expended or transferred for any other purpose other than 84
authorized in this chapter. 85
(e) Any state agency receiving funds from the 86
Mississippi Outdoor Stewardship Trust Fund under this section may 87
escalate its budget and expend such funds in accordance with rules 88
and regulations of the Department of Finance and Administration in 89
a manner consistent with the escalation of federal funds. 90
(2) (a) The board shall accept applications from counties, 91
municipalities, state agencies and nongovernmental entities for 92
project proposals eligible for funding under this section. The 93
board shall evaluate the proposals received in accordance with 94
this chapter. 95
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(b) A county, municipality, state agency or 96
nongovernmental entity desiring assistance under this section must 97
submit a complete application to the board. The application must 98
include a description of the purpose for which assistance is 99
requested, the type and amount of assistance requested and any 100
other information required by the board. 101
(c) The board shall require annual independent audits 102
of all expenditures from the special fund and present those 103
findings to the Governor, Lieutenant Governor, Speaker of the 104
House, Chairs of the Senate and House Appropriations Committees, 105
Chairs of the Senate Finance and House Ways and Means Committees 106
and Chairs of the Senate and House Wildlife, Fisheries and Parks 107
Committees. 108
(d) To be eligible for funding, any nongovernmental 109
entity applicant must submit its most recent audit, disclose any 110
audit deficiencies in the previous five (5) years, submit its 111
certificate of good standing from the Mississippi Secretary of 112
State, and submit a current list of its board members for purposes 113
of conflicts of interest. 114
(e) For funds to be spent on private land, the 115
applicant must show demonstrably that the project will benefit the 116
public. 117
(f) Projects that acquire property shall not be 118
considered for approval until after July 1, 2024. 119
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(3) The board, at its first meeting of each calendar year, 120
shall prepare a list of priorities and criteria to guide the 121
selection of projects. The board shall give increased priority to 122
projects: 123
(a) Supporting the public recreation and conservation 124
efforts of state agencies, counties and municipalities; 125
(b) Leveraging or matching other nonfederal or federal 126
funds available for similar purposes; 127
(c) Supporting and promoting recreation in the form of 128
archery, boating, hiking, camping, fishing, hunting, running, 129
jogging, biking, walking, shooting or similar outdoor activities; 130
(d) Contributing to the improvement of the quality and 131
quantity of surface water and groundwater; or 132
(e) Contributing to the conservation of soil, water, 133
and fish and wildlife resources on privately owned working 134
agricultural lands or forests. 135
(4) Upon approval of the total list of projects by the 136
board, the list of projects shall be submitted to the Lieutenant 137
Governor, Speaker of the House, Chairs of the Senate and House 138
Appropriations Committees, Chairs of the Senate Finance and House 139
Ways and Means Committees and Chairs of the Senate and House 140
Wildlife, Fisheries and Parks Committees. If federal funds or 141
guidelines become available and are certified by the Executive 142
Director of the Department of Finance and Administration or the 143
Executive Director of the Mississippi Outdoor Stewardship Fund, 144
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ST: Mississippi Outdoor Stewardship Trust Fund;
increase amount of monies in fund 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 145
Outdoor Stewardship Trust Fund and shall notify the Lieutenant 146
Governor, Speaker of the House, Chairs of the Senate and House 147
Appropriations Committees, Chairs of the Senate Finance and House 148
Ways and Means Committees, Chairs of the Senate and House 149
Wildlife, Fisheries and Parks Committees, and Legislative Budget 150
Office of such expenditures prior to their distribution to certain 151
projects approved by the board. 152
SECTION 2. This act shall take effect and be in force from 153
and after July 1, 2026. 154