Bill Text: MS SB2834 | 2021 | Regular Session | Enrolled

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Bill Title: Mississippi Historic Site Preservation Fund; create and provide for administration by Department of Archives and History.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Passed) 2021-04-16 - Approved by Governor [SB2834 Detail]

Download: Mississippi-2021-SB2834-Enrolled.html

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MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Appropriations; Accountability, Efficiency, Transparency

By: Senator(s) Hopson, Butler, Branning, Hill, Jordan, Jackson (11th), Jackson (32nd), Simmons (13th), Frazier, Thomas

Senate Bill 2834

(As Sent to Governor)

AN ACT TO CREATE A MISSISSIPPI HISTORIC SITE PRESERVATION FUND TO BE USED TO MATCH FEDERAL OR OTHER PRIVATE FUNDS FOR MAKING GRANTS FOR THE PURPOSE OF FEE SIMPLE PURCHASE OR PROTECTIVE INTEREST PURCHASE OF ENDANGERED PROPERTY DIRECTLY RELATED TO MISSISSIPPI NATIVE AMERICAN ARCHEOLOGY SITES, MISSISSIPPI BATTLEFIELD PROPERTY OR MISSISSIPPI CIVIL RIGHTS MOVEMENT SITES; TO PROVIDE THAT SUCH FUND SHALL BE ADMINISTERED BY THE DEPARTMENT OF ARCHIVES AND HISTORY'S HISTORIC PRESERVATION DIVISION; TO PRESCRIBE CERTAIN CONDITIONS ON THE ALLOCATIONS FROM THE FUND; TO PRESCRIBE ELIGIBLE COSTS FOR WHICH MONIES FROM THE FUND MAY BE ALLOCATED; TO AUTHORIZE COOPERATIVE AGREEMENTS FOR THE IMPLEMENTATION OF SUCH GRANTS; TO AMEND SECTION 39-5-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  There is created in the State Treasury a special fund to be known as the "Mississippi Historic Site Preservation Fund," hereafter referred to as "the Fund."  The Fund shall be included in the budget of the Mississippi Department of Archives and History and implemented by the Historic Preservation Division of the department.  The Fund shall consist of general funds appropriated by the Legislature and funds received as grants, endowments or gifts from the federal government, its agencies and instrumentalities and funds from any other available sources, public or private.  All such funds shall be paid into the State Treasury and credited to the Fund.  Interest earned on monies in the Fund shall remain in the Fund and be credited to it.  Any monies remaining in the Fund, including interest thereon, at the end of each fiscal year shall not lapse to the State General Fund but shall remain in the Fund.

     (2)  Monies in the Fund shall be used by the Department of Archives and History, subject to appropriation by the Legislature, solely for the purpose of making grants to nonprofit organizations that have obtained Section 501(c)(3) tax-exempt status from the Internal Revenue Service, hereafter referred to as "organizations" or local governmental entities, to match federal and other matching funds.  All such grants shall be made solely for the fee simple purchase of, or purchase of protective interests in (a) any Native American archeology site, (b) any endangered Mississippi battlefield property, and/or (c) any endangered Mississippi Civil Rights Movement historic site.  To be eligible for a grant, a site must be individually listed in the National Register of Historic Places, identified as nationally significant in a National Park Service Special Resource Study, or listed in the Report on the Nation's Civil War Battlefields by the Civil War Sites Advisory Commission, National Park Service, as amended, and such sites shall be specified by the Legislature in the annual appropriation to the department.  Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the State Fiscal Officer upon written request of the Director of the Department of Archives and History.

     (3)  The Director of the Department of Archives and History shall establish, administer, manage, and make expenditures and allocations from the Fund.

     (4)  Organizations seeking grant funding from the Fund shall be required to provide at least One Dollar ($1.00) in matching funds for each One Dollar ($1.00) received from the Fund for the proposed project.  As used in this subsection, the term "matching funds" shall include both cash and the value of any contribution due to a bargain sale or the donation of land or interest therein made by the landowner as part of the proposed project.  No state funds may be included in determining the amount of the match.

     (5)  Eligible costs for which monies from the Fund may be allocated to include acquisition of land and any improvements thereon (collectively referred to in this section as "land") or permanent protective interests, such as perpetual conservation easements, and costs associated with such acquisitions, including the cost of appraisals, environmental reports, any survey, title searches and title insurance, and other closing costs.

     (6)  Grants from the Fund shall not exceed fifty percent (50%) of the appraised value of the land or permanent protective interest therein.

     (7)  Grants from the Fund may be awarded for prospective purchases or for acquisitions on which the applicant has closed.  In the latter case the applicant shall demonstrate:

          (a)  The closing occurred no more than twelve (12) months prior to the date of application for the grant; and

          (b)  An identifiable threat to the resource or compelling need for preservation existed at the time of the purchase.

     (8)  Any eligible organization making an acquisition of land or interest therein pursuant to this section shall grant to the Department of Archives and History or other holder a perpetual easement placing restrictions on the use or development of the land.  In cases where the easement is granted to a holder other than the Department of Archives and History, all terms and conditions of the easement shall be reviewed by and found by the department to accomplish the perpetual preservation of the property.  Such other holder shall demonstrate to the department that it has the capacity and expertise to manage and enforce the terms of the easement.

     (9)  Nothing in this section shall preclude the subsequent transfer or assignment by a state agency or other owner or holder of any property interest acquired pursuant to this section to the United States of America to be incorporated into a national park, national forest, national wildlife refuge, or other national conservation area in accordance with 54 USC Section 100101, 16 USC Section 551, the Fish and Wildlife Act of 1956 (16 USC Section 742a et seq.), or 16 USC Section 1131, as amended and applicable.  The Department of Archives and History shall facilitate transfers and assignments of any such interests held by the department.  The United States of America shall be considered a "public body" for the purposes of any transfer or assignment to the United States of America of any easement granted under this section.

     (10)  The Director of Archives and History shall establish, administer, manage, and make expenditures and allocations from the Fund and shall establish guidelines for applications, evaluation, and award of grants from the Fund in consultation with appropriate preservation interests.

     (11)  Eligible costs for which monies from the Fund may be allocated include:

          (a)  Acquisition of land and any improvements thereon;

          (b)  Permanent protective interests;

          (c)  Conservation easements;

          (d)  Costs of appraisals;

          (e)  Environmental reports;

          (f)  Surveys;

          (g)  Title searches and title insurance; and

          (h)  Any other closing costs.

     (12)  The Department of Archives and History shall prioritize and award grants of monies from the Fund and consider in relation to the sites identified:

          (a)  The significance of the site;

          (b)  The location of the proposed project;

          (c)  The proximity to other protected lands;

          (d)  The threat to and integrity of the features associated with the historic significance of the site; and

          (e)  The financial and administrative capacity of the applicant to complete the project and to maintain and manage the property consistent with the public investment and public interest, including:

              (i)  Education;

              (ii)  Recreation;

              (iii)  Research;

              (iv)  Heritage tourism promotion; or

              (v)  Orderly community development.

     (13)  To carry out this act, the Department of Archives and History may enter into cooperative agreements with entities in the public and private sectors, including:

          (a)  Colleges and universities;

          (b)  Historical societies;

          (c)  State and local agencies; and

          (d)  Nonprofit organizations.

     (14)  To develop cooperative land-use strategies and conduct activities that facilitate the conservation of the historic, cultural, natural and scenic resources, the Department of Archives and History may provide technical assistance, to the extent that a recipient of technical assistance is engaged in the protection, interpretation or commemoration of historically significant resources in the area in and around the historic site.

     SECTION 2.  Section 39-5-5, Mississippi Code of 1972, is amended as follows:

     39-5-5.  The duties and powers of the Board of Trustees of the Department of Archives and History shall include, in addition to other duties and powers granted or prescribed by law, the following:

          (a)  To determine the location of places of historical interest within the state;

          (b)  To make a survey of buildings of all types throughout the state which are in danger of destruction, without proper care, and which in the opinion of the board of trustees should be preserved for historical purposes;

          (c)  To contact the proper authorities of the United States national cemeteries and military parks to determine whether or not the record of Mississippi troops is adequately commemorated;

          (d)  To acquire, preserve, restore or operate any real or personal property deemed significant for historical, architectural, archaeological or cultural reasons, to expend funds for such purposes, to enter into contracts or agreements with any agency of the United States or any person, firm, corporation or association for such purposes and to do any and all things which may be necessary or desirable to carry out such purposes;

          (e)  To participate with any agency of the United States, any other governmental agency or any person, firm, corporation, association or group in mutual or cooperative programs or projects within the duties and powers of the board of trustees;

          (f)  To accept grants or donations of money or property, real or personal, from any agency of the United States, any other governmental agency or any person, firm, corporation, association or group.  However, the board of trustees shall not be required, except by specific act of the Legislature, to accept any property without its consent; * * * and

          (g)  To provide suitable markers with adequate descriptions of the historical sites to which they refer, for places of historical interest and to provide suitable markers on the highways and roads of this state showing the direction and distance to the historical sites * * *.; and

          (h)  To establish, administer, manage and make expenditures and allocations from the Mississippi Historic Site Preservation Fund under the provisions of Section 1 of this act.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2021.

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