§798. Russell Sage or Marsh Island Refuge
A.(1) The State Mineral and Energy Board is hereby authorized to lease for
exploration, development or production of oil, gas, or other minerals all or any portion of
Marsh Island, donated to the state of Louisiana by the Russell Sage Foundation and accepted
by the state of Louisiana, under the terms and provision of Act No. 70 of the 1920 Regular
Session of the Legislature, as supplemented by Act 136 of the 1958 Regular Session of the
Legislature, and of the contract between the state of Louisiana and the Russell Sage
Foundation entered into pursuant to said Act, now on file and of record in the office of the
secretary of state; such lease or leases to be for such time or times as may be mutually agreed
upon between the Russell Sage Foundation and the State Mineral and Energy Board, and
under such conditions, rules, and regulations as will, to the satisfaction of the Russell Sage
Foundation, afford adequate present and future protection of Marsh Island for the purposes
for which it was donated by the Russell Sage Foundation to the state and as will insure a
minimum disturbance of wildlife on the island, and upon condition that the state of Louisiana
shall pay or cause to be paid to the Russell Sage Foundation in the usual manner one-half of
any and all revenues due to the state as royalty, rentals, or otherwise from such use,
exploration, and development of such leased lands, except tax revenues, and that the state
of Louisiana shall devote the other half of the such revenues so derived, first to maintaining,
policing, and improving Marsh Island as a wildlife refuge or reserve, which funds shall be
credited to, and form part of the Marsh Island Operating Fund, and any excess thereafter
remaining of the state's one-half share of such revenues in the Marsh Island Operating Fund
at the conclusion of the fiscal year shall be divided into two equal parts, one of which shall
be dedicated, set aside, and placed with the state treasurer in a special fund to be known as
the "Russell Sage or Marsh Island Refuge Fund", in order to insure through investment or
its principal income, for the future maintenance, policing, and improving of Marsh Island as
a wildlife refuge, and the other such part shall be available to be expended by the Louisiana
Department of Wildlife and Fisheries or its successors for statewide projects for the
propagation and protection of wildlife in the state of Louisiana.
(2)(a) In the event that ten million dollars have accumulated and remain in the
Russell Sage or Marsh Island Refuge Fund, all interest and income from investments
generated by the Russell Sage or Marsh Island Refuge Fund shall be transferred annually to
the Marsh Island Operating Fund for the protection of Marsh Island and any excess of such
interest and income from investments which remain in the Marsh Island Operating Fund at
the end of each fiscal year shall be apportioned as follows: first to provide for an annual
adjustment in the limit on accumulated funds in the Russell Sage or Marsh Island Refuge
Fund which adjustment shall be an amount equal to the annual percentage change in the
United States consumer price index for all urban consumers, as published by the United
States Department of Labor, for the preceding calendar year multiplied by the preceding
year's limit, and, thereafter the remainder shall also be available to be expended by the
Louisiana Department of Wildlife and Fisheries or its successors for statewide projects for
the propagation and protection of wildlife in this state.
(b) The secretary of Louisiana Department of Wildlife and Fisheries shall file with
the State Mineral and Energy Board annually, on or before July thirtieth of each year, an
accurate and detailed written report, in duplicate, of the expenditures made from the state's
one-half share of such revenues. One of the copies of such report shall be delivered by the
State Mineral and Energy Board to the Russell Sage Foundation, and the other shall remain
on file with the State Mineral and Energy Board, provided that the Russell Sage Foundation
shall have the right if it so desires to verify any such report by audit.
(c) Upon the same terms and conditions and subject to the same division and
disposition of revenues therefrom the State Mineral and Energy Board is authorized to grant
permits to conduct geophysical surveys of all or any portion of Marsh Island.
B.(1) The state treasurer shall invest the principal and the undistributed return on the
principal deposited in the Russell Sage or Marsh Island Refuge Fund for the purpose of
achieving perpetual financing of the trust fund for the purposes for which the trust fund was
created, the income from investments to be added to the trust fund and to become a part
thereof for all purposes, except as provided in Paragraph (A)(2) of this Section. Such
investments may include, among others authorized by law, investments permitted for the
Louisiana Education Quality Trust Fund, also known as the Kevin P. Reilly Sr. Louisiana
Education Quality Trust Fund, as set forth in R.S. 17:3803(B), (D), and (E).
(2) The state treasurer shall also invest the funds for maintaining, policing, and
improving Marsh Island as a wildlife refuge or reserve in the Marsh Island Operating Fund
for the purpose of earning interest on the Marsh Island Operating Fund, the income from
investment to be added to said fund and to become a part thereof for all purposes.
C. The term "statewide projects for the propagation and protection of wildlife" is
herein defined as:
(1) Acquisition of wildlife habitat at a price which is equal to or less than the
appraised market value, including the purchase of holdings on existing wildlife management
areas, as well as adjoining or adjacent lands, or other tracts of such size and location as shall
be appropriate for wildlife management;
(2) Habitat management of existing and future wildlife management areas; and
(3) Construction, maintenance, and operation of roads, waterways, buildings and
other structures, facilities, and improvements upon existing and future wildlife management
areas for the purposes for which they were acquired.
D. The term "wildlife management area" as used herein shall include Marsh Island.
E. Operations necessary for the management, maintenance, and development of
conditions suitable for improving Marsh Island as a wildlife refuge and preserve which are
potentially revenue producing shall be conducted only in accordance with the Deed of
Donation from the Russell Sage Foundation to the state of Louisiana and under such
provisions and conditions as will afford adequate present and future protection of Marsh
Island for the purposes for which it was donated and as will insure a minimum disturbance
of wildlife on the island, and upon conditions that any revenues derived from such operations
shall be dedicated, set aside, and placed with the state treasurer in a special fund which is
hereby created in the state treasury to be known as the "Russell Sage or Marsh Island Refuge
Capital Improvement Fund" which shall be devoted solely to capital improvements to Marsh
Island, with a portion of the funds accruing to be held in reserve for unusual nonrecurring
events caused by forces of nature or other unusual events. The state treasurer shall invest the
principal and interest deposited in said Russell Sage or Marsh Island Capital Improvement
Fund for the purpose of achieving perpetual financing of said trust fund for the purposes for
which said trust fund was created, the income from investments to be added to said trust fund
and become a part thereof for all purposes. The secretary of the Louisiana Department of
Wildlife and Fisheries shall deliver to the Russell Sage Foundation annually, on or before
July thirtieth of each year, an accurate and detailed written report of the expenditures made
from said trust fund. The Russell Sage Foundation shall have the right if it so desires to
verify any such report by audit.
F. The secretary of the Department of Wildlife and Fisheries is hereby authorized to
employ a qualified accountant for the purposes of compiling the reports reflecting the status
of the Marsh Island Operating Fund and special trust funds provided for by this Section,
calculating the change in the Russell Sage or Marsh Island Refuge Fund limit, and for such
other reporting purposes as may be agreed by the Russell Sage Foundation and the secretary
of the Department of Wildlife and Fisheries.
Added by Acts 1971, No. 62, §2; Amended by Acts 1973, No. 154, §1; Acts 1987,
No. 849, §1, eff. July 20, 1987; Acts 1992, No. 885, §1, eff. July 8, 1992; Acts 1999, No.
1041, §1; Acts 2009, No. 196, §9, eff. July 1, 2009; Acts 2020, 1st Ex. Sess., No. 21, §2, eff.
July 1, 2020.