HOUSE BILL NO. 2905 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MAYHEW.
4248H.02I JOSEPH ENGLER, Chief Clerk
AN ACT To 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Section A. Section 12.025, RSMo, is repealed and two new sections enacted in lieu 2 thereof, to be known as sections 1.2050 and 12.025, to read as follows: 1.2050. 1.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 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. No federal agency shall acquire lands within Missouri or impose new 8 regulations on existing federally managed land unless: 9 (1) The general assembly gives express consent; and 10 (2) The agency seeking to acquire 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 regulations conflicting with state laws governing natural resources 14 shall be deemed unenforceable unless explicitly authorized by Congress. 15 5. State and local law enforcement agencies shall have primary authority to 16 enforce laws related to natural resources within areas of concurrent jurisdiction.
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 2905 2
17 6. Federal enforcement actions related to natural resources, traffic laws, or the 18 Missouri criminal code within Missouri shall: 19 (1) Be conducted in coordination with state or local law enforcement; 20 (2) Receive prior written approval from the local sheriff or chief law 21 enforcement officer, except in emergencies; and 22 (3) Any enforcement action taken on a state road or highway shall be conducted 23 by a peace officer standards and training certified law enforcement official. 24 7. Federal law enforcement officers shall not issue citations, make arrests, or 25 take enforcement actions for minor nonfederal infractions, such as equipment violations 26 or minor traffic offenses, within Missouri unless: 27 (1) The action is taken in direct coordination with state or local law 28 enforcement; and 29 (2) The enforcement officers hold a peace officer standards and training 30 certification. 31 8. Any enforcement actions by federal officers in violation of this provision shall 32 be deemed unlawful and subject to penalties under this section. 33 9. Federal law enforcement officers are prohibited from impounding vehicles, 34 seizing domestic animals, or confiscating personal property within Missouri unless: 35 (1) The officer has prior written approval from state or local law enforcement 36 authorities; or 37 (2) A state court order explicitly authorizes such actions. 38 10. Any property seized in violation of this section shall be returned 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 11. Revenues generated from activities on federally managed lands within 43 Missouri, including resource extraction, permits, and fines, shall be shared with the 44 state government, with seventy percent of the revenue allocated to the state government 45 and thirty percent of the revenue allocated to the federal government. Such revenues 46 shall be allocated in part to: 47 (1) Support local community projects; 48 (2) Fund transportation improvements on state and county roads adjacent to or 49 near federal land; and 50 (3) Develop infrastructure for economic development in areas near federally 51 managed land. HB 2905 3
52 12. The state of Missouri asserts control and managements of all surface and 53 groundwater 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 retains 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 regulations. 58 14. The state of Missouri asserts control over all mineral rights beneath federally 59 managed lands. Federal agencies shall obtain state approval for any mining or resource 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 enforcement actions. 64 (2) The board shall include representatives from the department of natural 65 resources, local governments, legal experts, two members of the house of representatives 66 appointed by the speaker of the house of representatives, and two members of the senate 67 appointed by the president pro tempore of the senate. 68 (3) Mediation is mandatory before any new federal regulations or enforcement 69 actions affecting natural resources are implemented. 70 16. All navigable rivers and streams of the state shall remain available for public 71 use, regardless of federal ownership of surrounding lands. 72 17. The state of Missouri shall impose an annual property 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 concurrent 5 jurisdiction shall not apply to state highways or county roads 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. HB 2905 4
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, arrest, or detain for any violation of law that 13 occurs outside of federal property unless a memorandum of understanding is agreed to 14 and signed by federal authorities and the state and local law enforcement. 15 3. Federal officers or property managers shall not close any road, except for 16 emergencies, without prior written approval of the state and county commission. Any 17 and all roads closed by federal agencies prior to this act are hereby deemed open to 18 public use and any future need to close any road for any period of time shall only be 19 done by written agreement with the county commission or authority having jurisdiction 20 and shall only be closed after complying with all applicable state statutes. ✔
Statutes affected: