HOUSE BILL NO. 1442 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MAYHEW.
2654H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 1, RSMo, by adding thereto one new section relating to the state natural resource and community protection act, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 1, RSMo, is amended by adding thereto one new section, to be 2 known as section 1.2050, to read as follows: 1.2050. 1. This section shall be known and may be cited as the "Natural 2 Resource and Community Protection Act". 3 2. The provisions 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 refuges, and other federally designated areas. This section 6 shall not apply to any area specifically excluded by the United States Constitution. 7 3. Missouri residents shall have priority rights to engage in subsistence activities 8 within federally managed lands including, but not limited to, hunting, fishing, trapping, 9 and gathering. 10 4. Federal agencies operating within Missouri shall not impose regulations or 11 restrictions that interfere with subsistence activities unless explicitly authorized by 12 Congress. 13 5. The department of natural resources shall develop and implement, with the 14 assistance of the relevant regional planning commission, comprehensive management 15 plans for natural resources within federally managed lands, ensuring sustainable use 16 and prioritizing local community benefits. 17 6. Federal agencies operating in Missouri shall:
EXPLANATION — 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. HB 1442 2
18 (1) Adopt and adhere to state management plans for water, wildlife and game, 19 timber, and mineral resources; and 20 (2) Coordinate with state authorities before implementing any regulations or 21 actions affecting natural resources including, but not limited to, closing portions of or 22 changing the allowed uses of areas specified in subsection 2 of this section. 23 7. Federal agencies shall submit an economic, environmental, and cultural 24 impact assessment to the Missouri attorney general before undertaking any actions on 25 federally managed lands unless specifically authorized by Congress. 26 8. No federal agency shall acquire lands within Missouri or impose new 27 regulations on existing federally managed land unless: 28 (1) The general assembly gives express consent; and 29 (2) The agency seeking to acquire the land consults with the affected 30 communities in at least two public hearings at least thirty days apart and held in the 31 county seat of each affected county. 32 9. Federal regulations conflicting with state laws governing natural resources 33 shall be deemed unenforceable unless explicitly authorized by Congress. 34 10. State and local law enforcement agencies shall have primary authority to 35 enforce laws related to natural resources and subsistence activities within areas of 36 concurrent jurisdiction. 37 11. Federal enforcement actions related to natural resources, traffic laws, or the 38 Missouri criminal code within Missouri shall: 39 (1) Be conducted in coordination with state or local law enforcement; 40 (2) Receive prior written approval from the local sheriff or chief law 41 enforcement officer, except in emergencies; and 42 (3) Any enforcement action taken on a state road or highway shall be conducted 43 by a peace officer standards and training certified law enforcement official. 44 12. Federal law enforcement officers shall not issue citations, make arrests, or 45 take enforcement actions for minor nonfederal infractions, such as equipment violations 46 or minor traffic offenses, within Missouri unless: 47 (1) The action is taken in direct coordination with state or local law 48 enforcement; and 49 (2) The enforcement officers hold a peace officer standards and training 50 certification. 51 13. Any enforcement actions by federal officers in violation of this provision 52 shall be deemed unlawful and subject to penalties under this section. 53 14. Federal law enforcement officers are prohibited from impounding vehicles, 54 seizing domestic animals, or confiscating personal property within Missouri unless: HB 1442 3
55 (1) The officer has prior written approval from state or local law enforcement 56 authorities; or 57 (2) A state court order explicitly authorizes such actions. 58 15. Any property seized in violation of this section shall be returned immediately 59 to the owner and the federal agency involved shall be subject to penalties under this 60 section. Additional penalties, including actual and punitive damages, may be 61 determined by a court of competent jurisdiction. 62 16. Revenues generated from activities on federally managed lands within 63 Missouri, including resource extraction, permits, and fines, shall be shared with the 64 state government. Such revenues shall be allocated in part to: 65 (1) Support local community projects; 66 (2) Fund subsistence activities and conservation efforts; and 67 (3) Develop infrastructure for economic development in areas near federally 68 managed land. 69 17. The state of Missouri asserts ownership of all surface and groundwater 70 within its boundaries. Federal agencies shall obtain state permits for any water use, 71 diversion, or activities that may impact water quality. 72 18. The state of Missouri retains exclusive jurisdiction over all wildlife within its 73 borders. Hunting, fishing, and wildlife management on federally managed lands shall 74 comply with state laws and regulations. 75 19. The state of Missouri asserts control over all mineral rights beneath federally 76 managed lands. Federal agencies shall obtain state approval for any mining or resource 77 extraction activities on federally managed lands. 78 20. (1) A "State-Federal Dispute Resolution Board" shall be established to 79 mediate conflicts between federal agencies and state authorities over land management 80 and enforcement actions. 81 (2) The board shall include representatives from the department of natural 82 resources, local governments, legal experts, two members of the house of representatives 83 appointed by the speaker of the house of representatives, and two members of the senate 84 appointed by the speaker pro tempore of the senate. 85 (3) Mediation is mandatory before any new federal regulations or enforcement 86 actions affecting natural resources are implemented. 87 21. The state of Missouri shall impose an annual property tax on all federally 88 managed lands within its boundaries. Revenue from this tax shall be allocated to local 89 governments to offset economic impacts of federal land ownership. HB 1442 4
90 22. Residents or local governments adversely affected by violations of this 91 section may file suit in state court for injunctive relief or damages. Any federal agency 92 found in violation of this section shall: 93 (1) Cease the offending action immediately; and 94 (2) Pay civil penalties to the state of Missouri as determined by a court of 95 competent jurisdiction. ✔
Statutes affected: