Bill Text: MI HB4379 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Occupations; foresters; qualified foresters; define in NREPA. Amends secs. 50703, 50706 & 51101 of 1994 PA 451 (MCL 324.50703 et seq.). TIE BAR WITH: HB 4380'13, HB 4381'13
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2014-08-27 - Re-referred To Committee On Regulatory Reform [HB4379 Detail]
Download: Michigan-2013-HB4379-Introduced.html
HOUSE BILL No. 4379
March 6, 2013, Introduced by Reps. Crawford and Kesto and referred to the Committee on Regulatory Reform.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 50703, 50706, 51101, and 51103 (MCL 324.50703,
324.50706, 324.51101, and 324.51103), sections 50703 and 50706 as
added by 1995 PA 57 and sections 51101 and 51103 as amended by 2006
PA 383.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 50703. (1) A county forestry committee is created for
purposes
of this part and shall consist of 5 members who shall be
are appointed by the county board of commissioners. Two members of
the county forestry committee shall be qualified foresters,
registered
under article 21 of the occupational code, Act No. 299
of
the Public Acts of 1980, being sections 339.2101 to 339.2108 of
the
Michigan Compiled Laws, 1 member
shall be a member of the
county economic development corporation, 1 member shall be a member
of the county board of commissioners, and 1 member shall be a
resident of the county who is not a county official or employee. If
the county has not established an economic development corporation
under
the economic development corporations act, Act No. 338 of the
Public
Acts of 1974, being sections 1974
PA 338, MCL 125.1601 to
125.1636, of
the Michigan Compiled Laws, 2 members shall be
residents of the county who are not county officials or employees.
The members of the county forestry committee shall be appointed for
a term of 4 years, except that of the first appointments, 2 shall
be for a term of 4 years, 1 shall be for a term of 3 years, 1 shall
be for a term of 2 years, and 1 shall be for a term of 1 year. All
actions of the county forestry committee shall be approved by the
county board of commissioners. A vacancy on the county forestry
committee shall be filled by the county board of commissioners for
the remainder of the unexpired term.
(2) As used in this section, "qualified forester" means that
term as defined in section 7jj of the general property tax act,
1893 PA 206, MCL 211.7jj[i].
Sec. 50706. (1) Within 30 days after the execution of a lease
authorized by this part, the county forestry committee shall submit
to the department for approval a forest management plan prepared by
a
qualified forester. registered under article 21 of the
occupational
code, Act No. 299 of the Public Acts of 1980, being
sections
339.2101 to 339.2108 of the Michigan Compiled Laws.
(2) As used in this section, "qualified forester" means that
term as defined in section 7jj of the general property tax act,
1893 PA 206, MCL 211.7jj[i].
Sec. 51101. As used in this part:
(a) "Ad valorem general property tax" means taxes levied under
the general property tax act, 1893 PA 206, MCL 211.1 to
211.157.211.155.
(b) "Commercial forest" or "commercial forestland" means
forestland that is determined to be a commercial forest under
section 51103.
(c) "Declassify" or "declassification" means the removal of
the
commercial forest designation pursuant to under section 51116.
(d) "Forestland" means a tract of land that may include
nonproductive land that is intermixed with productive land that is
an integral part of a managed forest and that meets all the
following:
(i) Does not have material natural resources other than those
resources suitable for forest growth or the potential for forest
growth.
(ii) Is not used for agricultural, mineral extraction except as
provided in section 51113, grazing, industrial, developed
recreational, residential, resort, commercial, or developmental
purposes.
(iii) The owner agrees to develop, maintain, and actively manage
the land as a commercial forest through planting, natural
reproduction, or other silvicultural practices.
(e) "Forest management plan" means a written plan prepared and
signed
by a registered qualified forester or a natural resources
professional that prescribes measures to optimize production,
utilization, and regeneration of forest resources. The forest
management plan shall include schedules and timetables for the
various silvicultural practices used on commercial forestlands,
including, but not limited to, timber harvesting and regeneration.
(f) "Fund" means the commercial forest fund created under
section 51112.
(g)
"Natural resources professional" means a person an
individual who is acknowledged by the department as having the
education, knowledge, experience, and skills to identify, schedule,
and implement appropriate forest management practices needed to
achieve the purposes of this part on land subject to or to be
subject to this part.
(h)
"Owner" means a person who that holds title to the
surface
estate of forestland subject to this part. However, if land is
purchased
on a land contract, the owner includes the person who
that holds the land contract vendee's interest and does not include
the
person who that holds the land contract vendor's interest.
(i) "Personal use" means use for any noncommercial purpose.
(j)
"Registered "Qualified
forester" means a person
registered
under
article 21 of the occupational code, 1980 PA 299, MCL
339.2101
to 339.2108.that term as
defined in section 7jj of the
general property tax act, 1893 PA 206, MCL 211.7jj[i].
(k) "Silvicultural practices" means the management and
manipulation of forest vegetation for the protection, growth, and
enhancement of forest products.
Sec. 51103. (1) The owner of at least 40 contiguous acres or a
survey unit consisting of 1/4 of 1/4 of a section of forestland
located within this state may apply to the department to have that
forestland determined to be a commercial forest under this part.
For purposes of this subsection, "contiguous" means land that
touches at any point. Even if portions of commercial forestland are
contiguous only at a point, the privilege of hunting and fishing
shall not be denied for any portion of the land as provided in
section 51113. The existence of a public or private road, a
railroad, or a utility right-of-way that separates any part of the
land does not make the land noncontiguous.
(2) To be eligible for determination as a commercial forest,
forestland shall be capable of all of the following:
(a) Producing not less than 20 cubic feet per acre per year of
forest growth upon maturity.
(b) Producing tree species that have economic or commercial
value.
(c) Producing a commercial stand of timber within a reasonable
period of time.
(3) An application for classification as commercial forest
shall be submitted on a form prescribed by the department. The
application shall be postmarked or delivered not later than April 1
to be eligible for approval as commercial forest for the following
tax year. In addition to any information that the department may
reasonably require by rule, the applicant shall provide all of the
following to the department:
(a) A nonrefundable application fee in the amount of $1.00 per
acre or fraction of an acre, but not less than $200.00 and not more
than $1,000.00. The department shall remit the application fee to
the state treasurer for deposit into the fund.
(b) A legal description and the amount of acreage considered
for determination as a commercial forest.
(c) A statement certifying that a forest management plan
covering the forestland has been prepared and is in effect.
(d) A statement certifying that the owner of the forestland
owns the timber rights to the timber standing on the forestland.
(4) The department shall prepare and distribute to any person
desiring to apply for classification of forestland as commercial
forest under this part a brochure that lists and explains, in
simple, nontechnical terms, all of the following:
(a) The application, hearing, determination, declassification,
and prosecution process.
(b) The requirements of the forest management plan.
(5) Not later than 3 months after the effective date of the
2006 amendatory act that amended this section, the department shall
notify each county and township and all owners of forestland that
is classified as commercial forest under this part of the
amendments to this part that were enacted in 2006.
(6) If an applicant is unable to secure the services of a
registered
qualified forester or a natural resources professional
to prepare a forest management plan, the department upon request
shall prepare the forest management plan on behalf of the owner of
the forestland and charge the owner a forest management plan fee
not to exceed the actual cost of preparing the forest management
plan.
(7) After an owner certifies to the department that a forest
management plan has been prepared and is in effect, a violation of
that forest management plan is a violation of this part.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4381(request no.
01716'13).
(b) Senate Bill No.____ or House Bill No. 4380(request no.
01716'13 b).
