Mississippi HB 1120: Sixteenth section lands; authorize additional means of providing notice of sale of timber products and electronic bidding.

Bill Text

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To: Forestry; Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2024

By: Representatives McMillan, Morgan

HOUSE BILL NO. 1120

AN ACT TO AMEND SECTION 29-3-45, MISSISSIPPI CODE OF 1972, TO 1
AUTHORIZE SCHOOL BOARDS TO PUBLISH ADDITIONAL NOTICE OF THE SALE 2
OF TIMBER AND FOREST PRODUCTS ON SIXTEENTH SECTION LANDS AT SCHOOL 3
OFFICES AND OTHER LOCATIONS AND IN TRADE PUBLICATIONS AND OTHER 4
MEDIA; TO AUTHORIZE THE ELECTRONIC SUBMISSION OF BIDS ON TIMBER 5
AND FOREST PRODUCTS ADVERTISED FOR SALE; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 29-3-45, Mississippi Code of 1972, is 8
amended as follows: 9
29-3-45. (1) (a) The board of education shall, by order 10
placed upon its minutes, enter into an agreement with the State 11
Forestry Commission for the general supervision and management of 12
all lands classified as forest lands and of all timber or other 13
forest products under the control of the board on sixteenth 14
section lands, and lieu lands which have not been so classified. 15
However, any school board may contract with private persons or 16
businesses for the reforestation of sixteenth section lands and 17
may contract with a registered forester to be paid from the 16th 18
Section Interest Fund for a review of any forestry management 19
decision or forestry practice including the sale of timber for 20

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sixteenth section forest land provided that any implementation of 21
a forestry management decision or forestry practice to be taken as 22
a result of the review described in this subsection shall be 23
subject to the approval of both the commission and the Secretary 24
of State. When such agreement has been entered into, no timber or 25
other forest products shall be sold from any of the sixteenth 26
section lands or lieu lands except such as have been marked or 27
approved for cutting by the State Forestry Commission's employees. 28
The Forestry Commission, or its designated employee, shall fix the 29
minimum total cash price or minimum price per unit, one thousand 30
(1,000) feet or other measure, at which the marked timber or other 31
forest products shall be sold. The sales may be made for a lump 32
sum or upon a unit price as in the opinion of the board may be 33
calculated to bring the greatest return. Sales shall be made upon 34
such other terms and conditions as to manner of cutting, damages 35
for cutting of unmarked trees, damages to trees not cut and other 36
pertinent matters as the board of education shall approve. 37
(b) The State Forestry Commission shall have the sole 38
authority and control in scheduling of all cutting and harvesting 39
of timber or other forest products when such timber stands or 40
other forest products are determined by the State Forestry 41
Commission to be economically ready for cutting and harvesting. 42
(c) Should a school board disagree with the Forestry 43
Commission concerning the time of cutting and harvesting, the 44
board may make an appeal to the Forestry Commission at a regular 45

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monthly scheduled meeting of the commission. If the school board 46
is not satisfied after the appeal to the commission, the board may 47
then appeal to the Secretary of State who will make the final 48
decision as to the time for cutting and harvesting. In the event 49
that the local school board is divested of its management 50
authority under subsection (3) hereof, the Secretary of State 51
after due consultation with the Forestry Commission shall retain 52
the right to make final decisions concerning the management and 53
sale of timber and other forest products. 54
(d) It is hereby made the duty of the State Forestry 55
Commission, from time to time, to mark timber which should be cut 56
from the lands, to determine what planting, deadening or other 57
forestry improvements should be made, giving due consideration to 58
food and habitat for wildlife, and to report to the appropriate 59
board of education. The State Forestry Commission and the board 60
of education shall supervise the cutting of any timber or 61
harvesting of other forest products sold from the lands herein 62
designated and shall have authority to require any timber-cutting 63
operations on the lands to cease until proper adjustment is made, 64
whenever it shall appear that timber is being cut in violation of 65
the terms of the sale. In the event that it is desired to lease 66
any of such lands or standing timber for turpentine purposes, such 67
lease shall only cover such trees as the State Forestry Commission 68
shall designate, and the commission through its employees shall 69
approve the number of faces, method of chipping and boxing of such 70

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