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SECOND REGULAR SESSION
HOUSE BILL NO. 2905
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MA YHEW .
4248H.02I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 12.025, RSMo, and to enact in lieu thereof two new sections relating to
federally managed lands, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 12.025, RSMo, is repealed and two new sections enacted in lieu
2 thereof, to be known as sections 1.2050 and 12.025, to read as follows:
1.2050. 1. This section shall be known and may be cited as the "Natural
2 Resour ce and Community Pr otection Act".
3 2. The prov isions of this section shall apply to all federally managed lands within
4 the boundaries of the state of Missouri including, but not limited to, national parks,
5 scenic riverways, wildlife ref uges, and other federally designated are as. This section
6 shall not apply to any area specifically excluded by the United States Constitution.
7 3. No federal agency shall acquire lands within Missouri or impose new
8 r egulations on existing federally managed land unless:
9 (1) The general assembly gives express consent; and
10 (2) The agency seeking to acquir e the land consults with the affected
11 communities in at least two public hearings at least thirty days apart and held in the
12 county seat of each affected county .
13 4. Federal r egulations conflicting with state laws governing natural res ources
14 shall be deemed unenfor ceable unless explicitly authorized by Congr ess.
15 5. State and local law enforcem ent agencies shall have primary authority to
16 enfor ce laws rela ted to natural res our ces within are as of concurr ent jurisdiction.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 6. Federal enforcem ent actions rela ted to natural r esources , traffic laws, or the
18 Missouri criminal code within Missouri shall:
19 (1) Be conducted in coordination with state or local law enforcem ent;
20 (2) Receive prior written appro val fro m the local sheriff or chief law
21 enfor cement officer , except in emergencies; and
22 (3) Any enfor cement action taken on a state road or highway shall be conducted
23 by a peace officer standards and training certified law enfor cement official.
24 7. Federal law enforcem ent officers shall not issue citations, make arres ts, or
25 take enforcem ent actions for minor nonfederal infractions, such as equipment violations
26 or minor traffic offenses, within Missouri unless:
27 (1) The action is taken in dir ect coordination with state or local law
28 enfor cement; and
29 (2) The enfor cement officers hold a peace officer standards and training
30 certification.
31 8. Any enforcem ent actions by federal officers in violation of this pr ovision shall
32 be deemed unlawful and subject to penalties under this section.
33 9. Federal law enforcem ent officers ar e proh ibited fr om impounding vehicles,
34 seizing domestic animals, or confiscating personal pr operty within Missouri unless:
35 (1) The officer has prior written appr oval fro m state or local law enforcem ent
36 authorities; or
37 (2) A state court order explicitly authorizes such actions.
38 10. Any pr operty seized in violation of this section shall be r eturned immediately
39 to the owner and the federal agency involved shall be subject to penalties under this
40 section. Additional penalties, including actual and punitive damages, may be
41 determined by a court of competent jurisdiction.
42 1 1. Revenues generated fr om activities on federally managed lands within
43 Missouri, including res our ce extraction, permits, and fines, shall be shar ed with the
44 state government, with seventy per cent of the revenu e allocated to the state government
45 and thirty perc ent of the r evenue allocated to the federal government. Such r evenues
46 shall be allocated in part to:
47 (1) Support local community projects;
48 (2) Fund transportation impr ovements on state and county roa ds adjacent to or
49 near federal land; and
50 (3) Develop infrastructure for economic development in ar eas near federally
51 managed land.
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52 12. The state of Missouri asserts control and managements of all surface and
53 gr oundwater within its boundaries. Federal agencies shall obtain state permits for any
54 water use, diversion, or activities that may impact water quality .
55 13. The state of Missouri ret ains exclusive jurisdiction over all wildlife within its
56 borders. Hunting, fishing, and wildlife management on federally managed lands shall
57 comply with state laws and reg ulations.
58 14. The state of Missouri asserts contr ol over all mineral rights beneath federally
59 managed lands. Federal agencies shall obtain state appr oval for any mining or re source
60 extraction activities on federally managed lands.
61 15. (1) A "State-Federal Dispute Resolution Board" shall be established to
62 mediate conflicts between federal agencies and state authorities over land management
63 and enforcem ent actions.
64 (2) The board shall include rep rese ntatives fr om the department of natural
65 r esources , local governments, legal experts, two members of the house of repr esentatives
66 appointed by the speaker of the house of repr esentatives, and two members of the senate
67 appointed by the pr esident pr o tempore of the senate.
68 (3) Mediation is mandatory before any new federal r egulations or enforcem ent
69 actions affecting natural res our ces are implemented.
70 16. All navigable rivers and strea ms of the state shall rem ain available for public
71 use, rega rdless of federal ownership of surrounding lands.
72 17. The state of Missouri shall impose an annual pr operty tax on all federally
73 managed lands within its boundaries. Revenue from this tax shall be allocated to local
74 governments to offset economic impacts of federal land ownership.
75 18. Residents or local governments adversely affected by violations of this
76 section may file suit in state court for injunctive relief or damages. Any federal agency
77 found in violation of this section shall:
78 (1) Cease the offending action immediately; and
79 (2) Pay civil penalties to the state of Missouri as determined by a court of
80 competent jurisdiction.
12.025. 1. Jurisdiction concurrent with that of the state of Missouri in and over land
2 which is now , or may hereafter be, owned and used by the United States as an honor farm in
3 connection with the operation of a federal penitentiary is hereby ceded to the United States for
4 so long as the United States shall own and so use the land , except that concurr ent
5 jurisdiction shall not apply to state highways or county roa ds on such land .
6 [2. Jurisdiction concurrent with that of the state of Missouri is hereby ceded to the
7 United States within the area comprising the "Ozark National Scenic Riverways" for so long
8 as this area is administered and maintained by the United States.
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9 3. Provided that no part of this section shall apply to the White River watershed.
10 4. Provided further that no part of this section shall apply to the Osage and St.
11 Francois River watersheds. ]
12 2. Federal officers may not pursue, arr est, or detain for any violation of law that
13 occurs outside of federal pr operty unless a memorandum of understanding is agr eed to
14 and signed by federal authorities and the state and local law enforcem ent.
15 3. Federal officers or prop erty managers shall not close any r oad, except for
16 emergencies, without prior written appr oval of the state and county commission. Any
17 and all ro ads closed by federal agencies prior to this act are hereby deemed open to
18 public use and any futur e need to close any road for any period of time shall only be
19 done by written agr eement with the county commission or authority having jurisdiction
20 and shall only be closed after complying with all applicable state statutes.
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