Bill Text: MI HB4475 | 2017-2018 | 99th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Natural resources; land acquisition; cap on acreage in northern Michigan; remove, approve strategic plan, and restrict certain land acquisitions if FILT payments not made or state or federal land constitutes 40% or more of land in county. Amends heading of subpt. 1 of pt. 21 & amends secs. 301, 503, 2106, 2133 & 72118 of 1994 PA 451 (MCL 324.301 et seq.) & adds subpt. 17 to pt. 21. TIE BAR WITH: SB 0302'17, SB 0303'17

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-08-15 - Assigned Pa 240'18 With Immediate Effect [HB4475 Detail]

Download: Michigan-2017-HB4475-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4475

 

 

April 19, 2017, Introduced by Reps. Howell, LaFave, VanderWall, Bellino, Rendon, Maturen, Kivela and Glenn and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending the heading of subpart 1 of part 21 and amending

 

sections 301, 503, 504, 1901, 1903, 2010, 2101, 2104, 2106, 2126,

 

2130, 2131, 2132, 2136, 40501, and 72118 (MCL 324.301, 324.503,

 

324.504, 324.1901, 324.1903, 324.2010, 324.2101, 324.2104,

 

324.2106, 324.2126, 324.2130, 324.2131, 324.2132, 324.2136,

 

324.40501, and 324.72118), section 301 as amended and section 2010

 

as added by 2004 PA 587, section 503 as amended by 2012 PA 294,

 

section 504 as amended by 2009 PA 47, sections 1901, 2101, 2106,

 

2130, and 2136 as added by 1995 PA 60, section 1903 as amended by

 

2011 PA 117, section 2104 as amended by 1998 PA 28, section 2126 as

 

amended by 2011 PA 323, sections 2131 and 2132 as amended by 2012

 

PA 622, section 40501 as amended by 2008 PA 416, and section 72118

 

as added by 2016 PA 288, and by adding sections 2132a, 2137, and


2138.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 301. Except as otherwise defined in this act, as used in

 

this act:

 

     (a) "Commission" means the commission of natural resources.

 

     (b) "Department" means the director of the department of

 

natural resources or his or her designee to whom the director

 

delegates a power or duty by written instrument.

 

     (c) "Department of natural resources" means the principal

 

state department created in section 501.

 

     (d) "Director" means the director of the department of natural

 

resources.

 

     (e) "Local unit of government" or "local unit" means a

 

municipality or county.

 

     (f) "Michigan conservation and recreation legacy fund" means

 

the Michigan conservation and recreation legacy fund established in

 

section 40 of article IX of the state constitution of 1963 and

 

provided for in section 2002.

 

     (g) "Municipality" means a city, village, or township.

 

     (h) "Person" means an individual, partnership, corporation,

 

association, governmental entity, or other legal entity.

 

     (i) "Public domain" means all land owned by the this state or

 

land deeded to the this state under state law.

 

     (j) "Rule" means a rule promulgated pursuant to the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     Sec. 503. (1) The department shall protect and conserve the

 


natural resources of this state; provide and develop facilities for

 

outdoor recreation; prevent the destruction of timber and other

 

forest growth by fire or otherwise; promote the reforesting of

 

forestlands belonging to this state; prevent and guard against the

 

pollution of lakes and streams within this state and enforce all

 

laws provided for that purpose with all authority granted by law;

 

and foster and encourage the protection and propagation of game and

 

fish. Before issuing an order or promulgating a rule under this act

 

that will designate or classify land managed by the department for

 

any purpose, the department shall consider, in addition to any

 

other matters required by law, both of the following:

 

     (a) Providing for access to and use of the public land for

 

recreation and tourism.

 

     (b) The existence of or potential for natural resources-based

 

industries, including forest management, mining, or oil and gas

 

development on the public land.

 

     (2) The department has the power and jurisdiction over the

 

management, control, and disposition of all land under the public

 

domain, except for those lands under the public domain that are

 

managed by other state agencies to carry out their assigned duties

 

and responsibilities. On behalf of the people of this state, the

 

department may accept gifts and grants of land and other property

 

and may buy, sell, exchange, or condemn land and other property,

 

for any of the purposes of this part. Beginning September 30, 2012,

 

the The department shall not acquire surface rights to land unless

 

the department has estimated the amount of annual payments in lieu

 

of taxes on the land, posted the estimated payments on its website


for at least 30 days, and notified the affected local units of the

 

estimated payments at least 30 days before the acquisition.

 

     (3) Before May 1, 2015, the department shall not acquire

 

surface rights to land if the department owns, or as a result of

 

the acquisition will own, the surface rights to more than 4,626,000

 

acres of land.

 

     (4) Beginning May 1, 2015, the department shall not acquire

 

surface rights to land north of the Mason-Arenac line if the

 

department owns, or as a result of the acquisition will own, the

 

surface rights to more than 3,910,000 acres of land north of the

 

Mason-Arenac line. This subsection does not apply after the

 

enactment of legislation adopting the strategic plan.

 

     (3) The department shall not acquire surface rights to land

 

north of the Mason-Arenac line during a state fiscal year unless

 

both of the following apply:

 

     (a) All payments under subpart 13 or 14 of part 21 or section

 

51106 that have become due for that fiscal year have been paid.

 

     (b) At least 70% of each payment under subpart 13 or 14 of

 

part 21 or section 51106 that became due after the effective date

 

of the 2017 amendatory act that added this subsection and before

 

the state fiscal year of acquisition has been paid.

 

     (4) (5) Subsection (3) does not prohibit the acquisition from

 

a private owner of surface rights to land under an option agreement

 

in effect on the date when the payment described in subsection (3)

 

became due if the acquisition takes place within 60 days after that

 

date. For the purposes of subsections (3) and (4), subsection (3),

 

the number of acres of land in which the department owns surface


rights does not include land so acquired or any of the following:

 

     (a) Land in which the department has a conservation easement.

 

     (b) Land that, before July 2, 2012, was platted under the land

 

division act, 1967 PA 288, MCL 560.101 to 560.293, or a predecessor

 

act before July 2, 2012 if and acquired by the department. before

 

July 2, 2012.

 

     (c) Any of the following if acquired on or after July 2, 2012:

 

     (i) Land with an area of not more than 80 acres, or a right-

 

of-way, for accessing other land owned by the department.

 

     (ii) A trail, subject to all of the following:

 

     (A) If the traveled portion of the trail is located within an

 

abandoned railroad right-of-way, the land excluded is limited to

 

the abandoned railroad right-of-way.

 

     (B) If the traveled portion of the trail is located in a

 

utility easement, the land excluded is limited to the utility

 

easement.

 

     (C) If sub-subparagraphs (A) and (B) do not apply, the land

 

excluded is limited to the traveled portion of the trail and

 

contiguous land. The For the purposes of the exclusion, the area of

 

the contiguous land shall not exceed the product of 100 feet

 

multiplied by the length of the trail in feet.

 

     (iii) Land that, on July 2, 2012 was commercial forestland as

 

defined in section 51101 if the land continues to be used in a

 

manner consistent with part 511.

 

     (iv) Land acquired by the department by gift, including the

 

gift of funds specifically dedicated to land acquisition.

 

     (v) Land acquired by the department through litigation.


     (5) (6) The department shall maintain a record of land as

 

described in subsection (5)(a) (4)(a) to (c). The record shall

 

include the location, acreage, date of acquisition, and use of the

 

land. The department shall post and maintain on its website all of

 

the following information:

 

     (a) The number of acres of land, including land as described

 

in subsection (5), in which the department owns surface rights

 

north of the Mason-Arenac line, south of the Mason-Arenac line, in

 

total for this state, and by program.

 

     (b) The number of acres of land, excluding land as described

 

in subsection (5), in which the department owns surface rights

 

north of the Mason-Arenac line, south of the Mason-Arenac line, in

 

total for this state, and by program.

 

     (6) (7) By October 1, 2014, the department shall develop a

 

written strategic plan to guide the acquisition and disposition of

 

state lands managed by the department, submit the plan to the

 

senate and house committees with primary responsibility for natural

 

resources and outdoor recreation and the corresponding

 

appropriation subcommittees, relevant legislative committees, and

 

post the plan on the department's website. In developing the plan,

 

the department shall solicit input from the public and local units

 

of government.

 

     (7) (8) The strategic plan shall do all of the following:

 

     (a) Divide this state into regions.

 

     (b) Identify lands managed by the department in each region.

 

     (c) Set forth for each region measurable strategic performance

 

goals with respect to all of the following for land managed by the


department:

 

     (i) Maximizing availability of points of access to the land

 

and to bodies of water on or adjacent to the land.

 

     (ii) Maximizing outdoor recreation opportunities.

 

     (iii) Forests.

 

     (iv) Wildlife and fisheries.

 

     (d) To assist in achieving the goals set forth in the

 

strategic plan pursuant to subdivision (c), identify all of the

 

following:

 

     (i) Land to be acquired.

 

     (ii) Land to be disposed of.

 

     (iii) Plans for natural resource management.

 

     (e) To the extent feasible, identify public lands in each

 

region that are not managed by the department but affect the

 

achievement of the goals set forth in the strategic plan pursuant

 

to subdivision (c).

 

     (f) Identify ways that the department can better coordinate

 

the achievement of the goals set forth in the strategic plan

 

pursuant to subdivision (c), recognizing that public lands are

 

subject to multiple uses and both motorized and nonmotorized uses.

 

     (g) Identify critical trail connectors to enhance motorized

 

and nonmotorized natural-resource-dependent outdoor recreation

 

activities for public enjoyment.

 

     (9) The department shall not implement the strategic plan as

 

it applies to land north of the Mason-Arenac line. This subsection

 

does not apply after the enactment of legislation adopting the

 

strategic plan.


     (10) The department shall annually report on the

 

implementation of the plan and submit and post the report in the

 

manner provided in subsection (7).

 

     (8) (11) Beginning July 2, 2020 The legislature approves the

 

strategic plan entitled "Department of Natural Resources Managed

 

Public Land Strategy" issued by the department and dated July 1,

 

2013. The department shall implement the most recent legislatively

 

approved strategic plan and shall not change the plan except by

 

plan update proposed pursuant to subsection (10) and subsequently

 

approved by the legislature.

 

     (9) The department shall annually submit to the relevant

 

legislative committees and post and, subject to subdivision (b),

 

annually update on the department's website all of the following:

 

     (a) A report on the implementation of the plan.

 

     (b) The number of acres of land, excluding land described in

 

subsection (4), in which the department owns surface rights north

 

of the Mason-Arenac line, south of the Mason-Arenac line, and in

 

total for this state. For land north of the Mason-Arenac line, the

 

department shall update this information on its website as of the

 

dates that payments described in subsection (3) are due.

 

     (c) Information on the total number of each of the following:

 

     (i) Acres of land managed by the department.

 

     (ii) Acres of state park and state recreation area land.

 

     (iii) Acres of state game and state waterfowl areas.

 

     (iv) Acres of land managed by the department and open for

 

public hunting.

 

     (v) Acres of state-owned mineral rights managed by the


department that are under a development lease.

 

     (vi) Acres of state forestland.

 

     (vii) Public boating access sites managed by the department.

 

     (viii) Miles of motorized trails managed by the department.

 

     (ix) Miles of nonmotorized trails managed by the department.

 

     (10) For legislative consideration and approval, as provided

 

in subsection (8), by October 1, 2021, and every 6 5 years

 

thereafter, the department shall propose an update to the strategic

 

plan, and submit and post the updated plan in the manner provided

 

in subsection (7). submit the proposed updated plan to the relevant

 

legislative committees, and post the proposed updated plan on the

 

department's website. The department shall develop the proposed

 

updated plan in consultation with the general public and

 

organizations representing local units of government, hunters,

 

fishers, trappers, and motorized and nonmotorized trail users. At

 

least 60 days before posting the proposed updated plan, the

 

department shall prepare, submit , and post in the manner provided

 

in subsection (7) a report on progress to the relevant legislative

 

committees, and post on the department's website a report that

 

covers all of the following and includes department contact

 

information for persons who wish to comment on the report:

 

     (a) Progress toward the goals set forth in the strategic plan

 

pursuant to subsection (8)(c) in portions of this state where,

 

subject to subsection (9), the plan is being implemented and any

 

(7)(c).

 

     (b) Any proposed changes to the goals, including the rationale

 

for the changes. The submittal and posting shall include department


contact information for persons who wish to comment on the report.

 

     (c) The department's engagement and collaboration with local

 

units of government.

 

     (11) (12) At least 30 days before acquiring or disposing of

 

land, the department shall submit to the senate and house

 

committees with primary responsibility for natural resources and

 

outdoor recreation and the corresponding appropriations

 

subcommittees relevant legislative committees a statement

 

identifying the land and describing the effect of the proposed

 

transaction on achieving the goals set forth in the strategic plan

 

pursuant to subsection (8)(c). (7)(c). The statement shall include

 

department contact information for persons who wish to comment on

 

the acquisition or disposition and shall be in a standard format.

 

The department shall also post the statement on its website for at

 

least 30 days before the acquisition or disposition. This

 

subsection does not apply before the department submits the

 

strategic plan to legislative committees as required under

 

subsection (7).

 

     (12) If land owned by this state that is managed by the

 

department and land owned by the federal government constitute 40%

 

or more of the land in a county or if land owned by this state that

 

is managed by the department, land owned by the federal government,

 

and commercial forest land constitute 50% or more of the land in a

 

county, before acquiring land in that county, the department shall

 

notify the legislative bodies of the county and the township or

 

townships where the land is located in writing of the proposed

 

acquisition. The notice shall include information listed in


subsection (13)(a)(i) to (iv). At the request of the legislative

 

body of the county or a township where the land is located, the

 

department shall send a representative to a meeting of the county

 

board of commissioners to provide testimony on the proposed

 

acquisition. The department shall not acquire the land if, not more

 

than 60 days after the department sent the notice of the proposed

 

acquisition to the county board of commissioners, the department

 

receives a copy of a resolution adopted by the county board

 

rejecting the proposed acquisition. However, despite the county's

 

rejection of the proposed acquisition, the department may acquire

 

the land if the department receives a copy of a resolution

 

approving the acquisition adopted by the township board of each

 

township where the land is located. The township board shall also

 

send a copy of such a resolution to the county board of

 

commissioners.

 

     (13) If subsection (12) does not apply to a county, the

 

department shall not acquire land in that county unless the

 

department has done all of the following:

 

     (a) At least 45 days before the acquisition, notified the

 

legislative bodies of the county and the township or townships

 

where the land is located of all of the following, in writing:

 

     (i) The location and acreage of the land.

 

     (ii) How the land will be used and estimated payments in lieu

 

of taxes.

 

     (iii) The effect the proposed acquisition is expected to have

 

on achieving the goals set forth in the strategic plan pursuant to

 

subsection (7)(c).


     (iv) Department contact information and the duration of the

 

comment period, for persons who wish to comment on the proposed

 

acquisition.

 

     (b) Provided an opportunity for representatives of all local

 

units of government where the land is located to meet in person

 

with a department representative to discuss the proposed

 

acquisition.

 

     (14) (13) The department may accept funds, money, or grants

 

for development of salmon and steelhead trout fishing in this state

 

from the government of the United States, or any of its departments

 

or agencies, pursuant to the anadromous fish conservation act, 16

 

USC 757a to 757f, and may use this money in accordance with the

 

terms and provisions of that act. However, the acceptance and use

 

of federal funds does not commit state funds and does not place an

 

obligation upon the legislature to continue the purposes for which

 

the funds are made available.

 

     (15) (14) The department may appoint persons to serve as

 

volunteers for the purpose of facilitating the responsibilities of

 

to assist the department in meeting its responsibilities as

 

provided in this part. Subject to the direction of the department,

 

a volunteer may use equipment and machinery necessary for the

 

volunteer service, including, but not limited to, equipment and

 

machinery to improve wildlife habitat on state game areas.

 

     (16) (15) The department may lease lands owned or controlled

 

by the department or may grant concessions on lands owned or

 

controlled by the department to any person for any purpose that the

 

department determines to be necessary to implement this part. In


granting a concession, the The department shall provide that each

 

concession is awarded at least every grant each concession for a

 

term of not more than 7 years based on extension, renegotiation, or

 

competitive bidding. However, if the department determines that a

 

concession requires a capital investment in which reasonable

 

financing or amortization necessitates a longer term, the

 

department may grant a concession for up to a 15-year term. A

 

concession granted under this subsection shall require, unless the

 

department authorizes otherwise, that all buildings and equipment

 

shall be removed at the end of the concession's term. Any lease

 

entered into under this subsection shall limit the purposes for

 

which the leased land is to be used and shall authorize the

 

department to terminate the lease upon a finding that the land is

 

being used for purposes other than those permitted in the lease.

 

Unless otherwise provided by law, money received from a lease or a

 

concession of tax reverted land shall be credited to the fund

 

providing financial support for the management of the leased land.

 

Money received from a lease of all any other land shall be credited

 

to the fund from which the land was purchased. However, money

 

received from program-related leases on these lands shall be

 

credited to the fund providing financial support for the management

 

of the leased lands. For land managed by the forest management

 

division of the department, that fund is either the forest

 

development fund established pursuant to section 50507 or the

 

forest recreation account of the Michigan conservation and

 

recreation legacy fund provided for in section 2005. For land

 

managed by the wildlife or fisheries division of the department,


that fund is the game and fish protection account of the Michigan

 

conservation and recreation legacy fund provided for in section

 

2010.

 

     (17) (16) When the department sells land, the deed by which

 

the land is conveyed may reserve all mineral, coal, oil, and gas

 

rights to this state only when if the land is in production or is

 

leased or permitted for production, or when if the department

 

determines that the land has unusual or sensitive environmental

 

features or that it is in the best interest of this state to

 

reserve those rights as determined by commission policy. However,

 

the department shall not reserve the rights to sand, gravel, clay,

 

or other nonmetallic minerals. When the department sells land that

 

contains subsurface rights, the department shall include a deed

 

restriction that restricts the subsurface rights from being severed

 

from the surface rights in the future. If the landowner severs the

 

subsurface rights from the surface rights, the subsurface rights

 

revert to this state. The deed may reserve to this state the right

 

of ingress and egress over and across land along watercourses and

 

streams. Whenever an exchange of land is made with the United

 

States government, a corporation, or an individual for the purpose

 

of consolidating the state forest reserves, the department may

 

issue deeds without reserving to this state the mineral, coal, oil,

 

and gas rights and the rights of ingress and egress. The department

 

may sell the limestone, sand, gravel, or other nonmetallic

 

minerals. However, the department shall not sell a mineral or

 

nonmetallic mineral right if the sale would violate part 353, part

 

637, or any other provision of law. The department may sell all


reserved mineral, coal, oil, and gas rights to such lands upon

 

terms and conditions as the department considers proper and may

 

sell oil and gas rights as provided in part 610. The owner of those

 

lands as shown by the records shall be given priority in case the

 

department authorizes any sale of those lands, and, unless the

 

landowner waives that priority, the department shall not sell such

 

rights to any other person. For the purpose of this section,

 

mineral rights do not include rights to sand, gravel, clay, or

 

other nonmetallic minerals.

 

     (18) (17) The department may enter into contracts for the sale

 

of the economic share of royalty interests it holds in hydrocarbons

 

produced from devonian or antrim shale qualifying for the

 

nonconventional source production credit determined under section

 

45k of the internal revenue code of 1986, 26 USC 45k. However, in

 

entering into these contracts, the department shall assure ensure

 

that revenues to the natural resources trust fund under these

 

contracts are not less than the revenues the natural resources

 

trust fund would have received if the contracts were not entered

 

into. The sale of the economic share of royalty interests under

 

this subsection may occur under contractual terms and conditions

 

considered appropriate by the department and as approved by the

 

state administrative board. Funds received from the sale of the

 

economic share of royalty interests under this subsection shall be

 

transmitted to the state treasurer for deposit in the state

 

treasury as follows:

 

     (a) Net proceeds allocable to the nonconventional source

 

production credit determined under section 45k of the internal


revenue code of 1986, 26 USC 45k, under this subsection shall be

 

credited to the environmental protection fund created in section

 

503a.

 

     (b) Proceeds related to the production of oil or gas from

 

devonian or antrim shale shall be credited to the natural resources

 

trust fund or other applicable fund as provided by law.

 

     (19) (18) As used in this section:

 

     (a) "Concession" means an agreement between the department and

 

a person under terms and conditions as specified by the department

 

to provide services or recreational opportunities for public use.

 

     (b) "Lease" means a conveyance by the department to a person

 

of a portion of this state's interest in land under specific terms

 

and for valuable consideration, thereby granting to the lessee the

 

possession of that portion conveyed during the period stipulated.

 

     (c) "Mason-Arenac line" means the line formed by the north

 

boundaries of Mason, Lake, Osceola, Clare, Gladwin, and Arenac

 

counties.Counties.

 

     (d) "Natural resources trust fund" means the Michigan natural

 

resources trust fund established in section 35 of article IX of the

 

state constitution of 1963 and provided for in section 1902.

 

     (e) "Net proceeds" means the total receipts received from the

 

sale of royalty interests under subsection (17) (18) less costs

 

related to the sale. Costs may include, but are not limited to,

 

legal, financial advisory, geological or reserve studies, and

 

accounting services.

 

     (f) "Relevant legislative committees" means the senate and

 

house committees with primary responsibility for natural resources


and outdoor recreation and the corresponding appropriation

 

subcommittees.

 

     (g) (f) "Strategic plan" or "plan" means the plan developed

 

under subsection (7).(6), as updated under subsection (10), if

 

applicable.

 

     Sec. 504. (1) The department shall promulgate rules to protect

 

and preserve lands and other property under its control from

 

depredation, damage, or destruction or wrongful or improper use or

 

occupancy. If requested by the chair of a standing committee of the

 

senate or house of representatives that considers legislation

 

pertaining to conservation, the environment, natural resources,

 

recreation, tourism, or agriculture, the department shall provide

 

testimony to the committee on the implementation and effects of a

 

rule promulgated under this subsection that limits the use of or

 

access to more than 500 acres of state forest or significantly

 

restricts current practices in state forest. The department shall

 

provide the testimony at a hearing of the committee scheduled

 

within 6 months after the effective date of the rule.

 

     (2) Subject to subsection (4), the department shall do all of

 

the following:

 

     (a) Keep land under its control open to hunting unless the

 

department determines that the land should be closed to hunting

 

because of public safety, fish or wildlife management, or homeland

 

security concerns or as otherwise required by law.

 

     (b) Manage land under its control to support and promote

 

hunting opportunities to the extent authorized by law.

 

     (c) Manage land under its control to prevent any net decrease


in the acreage of such land that is open to hunting.

 

     (3) Subject to subsection (4), by April 1 , 2010 and each

 

year, thereafter, the department shall submit to the legislature a

 

report that includes all of the following:

 

     (a) The location and acreage of land under its control

 

previously open to hunting that the department closed to hunting

 

during the 1-year period ending the preceding March 1, together

 

with the reasons for the closure.

 

     (b) The location and acreage of land under its control

 

previously closed to hunting that the department opened to hunting

 

during the 1-year period ending the preceding March 1 to compensate

 

for land closed to hunting under subdivision (a).

 

     (4) Subsections (2) and (3) do not apply to commercial

 

forestland as defined in section 51101.

 

     (5) The department is urged to promote public enjoyment of

 

this state's wildlife and other natural resources by providing

 

public access to lands under the control of the department for

 

outdoor recreation activities dependent on natural resources,

 

providing reasonable consideration for both motorized and

 

nonmotorized activities.

 

     (6) If, after completion of the forest road inventory under

 

section 72118, the department receives a written resolution from a

 

recreational users organization or the legislative body of a local

 

unit of government requesting the removal of a berm, gate, or other

 

human-made barrier on land under the department's control, the

 

department shall notify the requestor in writing within 60 days of

 

1 of the following:


     (a) That the barrier will be removed. In this case, the

 

department shall remove the barrier within 180 days after receiving

 

the written request.

 

     (b) The reasons the department believes the barrier should not

 

be removed and the right of the recreational users organization or

 

local unit of government, within 21 days after the department sends

 

the written notice, to request in writing a public meeting on the

 

matter. If the recreational users organization or local unit of

 

government requests a public meeting as provided in this

 

subdivision, the department shall conduct a public meeting within

 

the city, village, or township where the barrier is located to

 

explain the department's position and receive comments on the

 

proposed removal. After the meeting, and within 180 days after

 

receiving the request to remove the barrier, the department shall

 

approve or deny the request and notify the requestor in writing. If

 

the request is denied, the notice shall include the reasons for

 

denial. If the request is approved, the barrier shall be removed as

 

follows:

 

     (i) Unless subparagraph (ii) applies, by the department within

 

180 days after the public meeting.

 

     (ii) Within 30 days, if the recreational users organization or

 

legislative body requesting the removal of the barrier agrees with

 

the department to remove the barrier under the department's

 

oversight and at the requestor's expense.

 

     (7) Upon request from a local unit of government, the

 

department shall work with the local unit to allow a use of state

 

land located within the local unit that will benefit the local


community in alignment with the strategic plan under section 503

 

and the state comprehensive outdoor recreation plan (SCORP). The

 

department may charge the local unit a reasonable fee for the use.

 

The fee shall not exceed the costs incurred by the department for

 

the use.

 

     (8) (5) This section does not authorize the department to

 

promulgate a rule that applies to commercial fishing except as

 

otherwise provided by law.

 

     (9) (6) The department shall not promulgate or enforce a rule

 

that prohibits an individual who is licensed or exempt from

 

licensure under 1927 PA 372, MCL 28.421 to 28.435, from carrying a

 

pistol in compliance with that act, whether concealed or otherwise,

 

on property under the control of the department.

 

     (10) (7) The department shall issue orders necessary to

 

implement rules promulgated under this section. These orders shall

 

be The orders are effective upon posting. Not less than 30 days

 

before and not more than 10 days after issuing an order under this

 

subsection that limits the use of or access to more than 500 acres

 

of state forest or significantly restricts current practices in

 

state forest, the department shall provide a copy of the order to

 

each member of each standing committee of the senate or house of

 

representatives that considers legislation pertaining to

 

conservation, the environment, natural resources, recreation,

 

tourism, or agriculture. If requested by the chair of a standing

 

committee described in this subsection, the department shall

 

provide testimony to the committee on the implementation and

 

effects of such an order at a hearing of the committee scheduled


within 6 months after the effective date of the order.

 

     (11) (8) A person who violates a rule promulgated under this

 

section or an order issued under this section is responsible for a

 

state civil infraction and may be ordered to pay a civil fine of

 

not more than $500.00.

 

     Sec. 1901. As used in this part:

 

     (a) "Board" means the Michigan natural resources trust fund

 

board established in section 1905.

 

     (b) "Economic development revenue bonds (oil and gas

 

revenues), series 1982A, dated December 1, 1982" includes bonds

 

refunding these bonds, provided that any refunding bonds mature no

 

later than September 1, 1994.

 

     (b) (c) "Local unit of government" or "local unit" means a

 

county, city, township, village, school district, the Huron-Clinton

 

metropolitan authority, or any authority composed of counties,

 

cities, townships, villages, or school districts, or any

 

combination thereof, which authority is and legally constituted to

 

provide public recreation.

 

     (d) "Total expenditures" means the amounts actually expended

 

from the trust fund as authorized by section 1903(1) and (2).

 

     (c) (e) "Trust fund" means the Michigan natural resources

 

trust fund established in section 35 of article IX of the state

 

constitution of 1963.

 

     Sec. 1903. (1) Subject to the limitations of this part and of

 

section 35 of article IX of the state constitution of 1963, the

 

interest and earnings of the trust fund in any 1 state fiscal year

 

may be expended in subsequent state fiscal years only for the


following purposes:

 

     (a) The acquisition of land or rights in land for recreational

 

uses or protection of the land because of its environmental

 

importance or its scenic beauty.

 

     (b) The development of public recreation facilities.

 

     (c) The administration of the fund, including payments in lieu

 

of taxes on state-owned land purchased through the trust fund. The

 

legislature shall make appropriations from the trust fund each

 

state fiscal year to make full payments in lieu of taxes on state-

 

owned land purchased through the trust fund, as provided in section

 

2154.

 

     (2) In addition to the money described in subsection (1), 33-

 

1/3% of the money, exclusive of interest and earnings, received by

 

the trust fund in any state fiscal year may be expended in

 

subsequent state fiscal years for the purposes described in

 

subsection (1). However, the authorization for the expenditure of

 

money provided in this subsection does not apply after the state

 

fiscal year in which the total amount of money in the trust fund,

 

exclusive of interest and earnings and amounts authorized for

 

expenditure under this section, exceeds $500,000,000.00.

 

     (3) An expenditure from the trust fund may be made in the form

 

of a grant to a local unit of government or public authority,

 

subject to all of the following conditions:

 

     (a) The grant is used for the purposes described in subsection

 

(1).

 

     (b) The grant is matched by the local unit of government or

 

public authority with at least 25% of the total cost of the


project.

 

     (4) Not less than 25% of the total amounts made available for

 

expenditure from the trust fund from any state fiscal year shall be

 

expended for acquisition of land and rights in land, and not more

 

than 25% of the total amounts made available for expenditure from

 

the trust fund from any state fiscal year shall be expended for

 

development of public recreation facilities.

 

     (5) If property that was acquired with money from the trust

 

fund is subsequently sold or transferred by the state to a

 

nongovernmental entity, the state shall forward to the state

 

treasurer for deposit into the trust fund an amount of money equal

 

to the following:

 

     (a) If the property was acquired solely with trust fund money,

 

the greatest of the following:

 

     (i) The net proceeds of the sale.

 

     (ii) The fair market value of the property at the time of the

 

sale or transfer.

 

     (iii) The amount of money that was expended from the trust

 

fund to acquire the property.

 

     (b) If the property was acquired with a combination of trust

 

fund money and other restricted funding sources governed by federal

 

or state law, an amount equal to the percentage of the funds

 

contributed by the trust fund for the acquisition of the property

 

multiplied by the greatest of the amounts under subdivision (a)(i),

 

(ii), and (iii).

 

     (6) This part is subject to section 2132a.

 

     Sec. 2010. (1) The game and fish protection account is


established as an account within the legacy fund.

 

     (2) The game and fish protection account shall consist of both

 

all of the following:

 

     (a) All money in the game and fish protection fund, formerly

 

created in section 43553, immediately prior to the effective date

 

of the amendatory act that added this section, which money is

 

hereby transferred to the game and fish protection account.

 

     (b) Revenue from the following sources:

 

     (a) (i) Revenue derived from hunting and fishing licenses,

 

passbooks, permits, fees, concessions, leases, contracts, and

 

activities.

 

     (b) (ii) Damages paid for the illegal taking of game and fish.

 

     (c) (iii) Revenue derived from fees, licenses, and permits

 

related to game, game areas, and game fish.

 

     (d) (iv) Other revenues as authorized by law.

 

     (3) Money in the game and fish protection account shall be

 

expended, upon appropriation, only as provided in part 435 and for

 

the administration of the game and fish protection account, which

 

may include payments in lieu of taxes on state owned state-owned

 

land purchased through the game and fish protection account or

 

through the former game and fish protection fund. The primary

 

purpose of land acquired with money from the game and fish

 

protection account is to scientifically manage game and fish

 

populations. Expenditures from the game and fish protection account

 

to scientifically manage game and fish habitat acquired with game

 

and fish protection account funds must be primarily for the

 

management of game and fish species, but may benefit other species.


     (4) Money in the game and fish protection account may be

 

expended pursuant to subsection (3) for grants to state colleges

 

and universities to implement programs funded by the game and fish

 

protection account.

 

                              SUBPART 1

 

             SALE OR LEASE OF STATE LANDS FOR PUBLIC PURPOSES

 

     Sec. 2101. (1) The department may sell sites tax reverted

 

lands under its control to school districts, and to churches and

 

sell lands for public purposes other religious organizations, to

 

public educational institutions ; for public purposes, to the

 

United States, ; and to governmental units of the this state and to

 

agencies thereof. from tax reverted state lands under the control

 

of the department, The lands shall be sold at a price fixed by a

 

formula determined by the state tax commission. determined by an

 

appraisal, subject to section 2132a. The department may transfer

 

jurisdiction of tax reverted state lands for public purposes to any

 

department, board, or commission of the this state. The application

 

for the purchase or transfer of tax reverted state lands shall be

 

made by the proper officers of a school district, church or other

 

religious organization, public educational institution, the United

 

States, or governmental unit , or agency , department, board, or

 

commission thereof upon forms prepared and furnished by the

 

department for that purpose.

 

     (2) The department may sell tax reverted lands to any agency

 

entity described in subsection (1), and the transfer of the lands

 

is not subject to a reverter clause. If a conveyance or transfer of

 

lands is made to a governmental unit without a reverter clause, the


department may convey or transfer the lands at an appraisal value

 

as a price determined by the state tax commission an appraisal,

 

subject to section 2132a, or at a nominal fee that includes any

 

amount paid by the department for maintaining the lands in a

 

condition that is protective of the public health and safety. If

 

lands are conveyed or transferred for a nominal fee and are

 

subsequently sold by the governmental unit for a valuable

 

consideration, the proceeds from such a sale, after deducting the

 

fee and any amount paid by the local governmental units for

 

maintaining the lands in a condition that is protective of the

 

public health and safety, shall be accounted for paid to the state,

 

county, township, and school district in which the lands are

 

situated pro rata according to their several interests in the lands

 

arising from the nonpayment of taxes and special assessments on the

 

lands as the interest appears in the offices of the state treasurer

 

or county, city, or village treasurers.treasurer.

 

     Sec. 2104. (1) Any of the lands under the control of the

 

department, the title to which is in this state, and which may be

 

sold and conveyed or are a part of the state lands, as well as

 

lands later acquired by this state, or any part or portion of those

 

lands, may be exchanged for lands of equal area or approximately

 

equal value belonging to the United States or owned by private

 

individuals if in the opinion of the department it is in the

 

interest of the this state to do so.

 

     (2) If the department charges charged an application fee for a

 

proposed sale of land under this section and the state land

 

proposed for sale is instead sold to another party within 3 years


after the date a completed application is was received by the

 

department from the prior applicant, the department shall refund

 

the application fee in full to the prior applicant if the prior

 

applicant has informed the department of his or her current

 

address.

 

     (3) Effective 60 days after the department receives an

 

application from a private individual to exchange that individual's

 

land for surplus state land, the application shall be considered to

 

be complete unless the department proceeds as provided under

 

subsection (4).

 

     (4) If, before the expiration of the 60-day period under

 

subsection (3), the department notifies the applicant, in writing,

 

that the application is not complete, specifying the information

 

necessary to make the application complete, the running of the 60-

 

day period under subsection (3) is tolled until the applicant

 

submits to the department the specified information, at which time

 

the application shall be considered to be complete.

 

     (5) When the application is complete, the department shall

 

promptly comply with section 503(11) and shall comply with section

 

503(12) or (13), as applicable. The department shall next make a

 

recommendation to the director on the application and post the

 

recommendation on the agenda of the next meeting of the commission

 

for public comment. After the commission meeting, the director

 

shall approve or deny the application and the department shall

 

notify the applicant in writing of the decision. If the application

 

is denied, the notice shall set forth the specific reasons for the

 

denial.


     (6) The department shall charge a fee for an application for

 

the exchange of state land. The fee shall be $300.00 plus, if the

 

state land is more than 300 acres in size, the actual reasonable

 

cost of processing the application.

 

     Sec. 2106. (1) The department shall maintain on its website

 

and make available in writing to persons seeking to purchase land

 

from, sell land to, or exchange land with the department under this

 

part information about relevant requirements and procedures under

 

this part.

 

     (2) If the department determines that it is in the best

 

interests of the this state to exchange any of the lands mentioned

 

described in section 2104 for lands of an equal area or of

 

approximately equal value belonging to private individuals, the

 

department shall maintain a description of the lands to be conveyed

 

and a description of the lands belonging to individuals to be

 

deeded to the this state.

 

     (3) Before any of the lands are deeded to an individual as

 

provided in this subpart, the person or persons owning the any

 

lands to be deeded to the this state shall execute a conveyance of

 

those lands to the this state. The department shall accept delivery

 

of the deed. The attorney general shall examine the title to the

 

lands deeded to the this state and certify to the department

 

whether or not the conveyance is sufficient to vest in the this

 

state a good and sufficient title to the land free from any liens

 

or encumbrances. If the attorney general certifies that the deed

 

vests in the this state a good and sufficient title to the deeded

 

lands free from any liens or encumbrances, the department shall


within 30 days execute a deed to the individual of the lands to be

 

conveyed by the this state. selected by the department in lieu of

 

the lands.

 

     Sec. 2126. Before the department grants an easement under this

 

subpart, the individual applying for the easement shall pay charges

 

as required by the department. The charges shall be the same as

 

those charges required for the granting grant of an easement under

 

section 2129. subpart 9. However, the department shall charge a fee

 

for an application for the grant of an easement under this subpart.

 

The fee shall be $300.00 plus, if the size of the easement is more

 

than 300 acres, the actual reasonable cost of processing the

 

application.

 

     Sec. 2130. As used in this subpart:

 

     (a) "Board" means the Michigan natural resources trust fund

 

board established in part 19.section 1905.

 

     (b) "Fund" means the land exchange facilitation and management

 

fund created in section 2134.

 

     (c) "Land" includes lands, tenements, and real estate and

 

rights to and interests in lands, tenements, and real estate.

 

     (d) "Qualified conservation organization" means that term as

 

defined in section 7o(5) of the general property tax act, 1893 PA

 

206, MCL 211.7o.

 

     Sec. 2131. (1) Except as otherwise provided in Subject to

 

subsection (2), or (3), the department may designate as surplus

 

land any state owned state-owned land that is under the control of

 

the department and that has been dedicated for public use and may,

 

on behalf of the this state, sell that land if the sale is not


otherwise prohibited by law and the department determines all that

 

2 or more of the following apply:

 

     (a) That the The sale will not materially diminish the quality

 

or utility of other state owned state-owned land adjoining the land

 

to be sold.

 

     (b) That the sale is not otherwise restricted by law.

 

     (b) (c) That the The sale is in the best interests of the this

 

state, giving due regard to the variety, use, and quantity of lands

 

then under the control of the department.

 

     (d) That 1 or more of the following conditions are met:

 

     (i) The land has been dedicated for public use for not less

 

than 5 years immediately preceding its sale and is not needed to

 

meet a department objective.

 

     (c) (ii) The land is occupied for a private use through The

 

sale will resolve an inadvertent trespass.

 

     (d) (iii) The sale will promote the development of the

 

forestry or forest products industry or the mineral extraction and

 

utilization industry or other economic activity in this state.

 

     (2) The department shall not authorize the sale of surplus

 

land as provided in subsection (1) if the proceeds from the sale of

 

the land will cause the balance of the fund to exceed

 

$25,000,000.00.

 

     (2) (3) Except as provided in section 74102b, the department

 

shall not designate as surplus land any land within a state park,

 

or state recreation area, state wildlife research area, state fish

 

hatchery, or state public boating access site.

 

     Sec. 2132. (1) Subject to subsection (2), the department may


sell surplus land at a price established using the method that the

 

department determines to be most appropriate, such as any of the

 

following:

 

     (a) Appraisal, subject to section 2132a.

 

     (b) Appraisal consulting.

 

     (c) A schedule adopted by the department for pricing property

 

with uniform characteristics and low utility.

 

     (d) The true cash value of nearby land as determined by the

 

local assessor.

 

     (2) If the department offers tax reverted land for sale and

 

the land is not sold within 9 months, the department may sell the

 

land to a qualified buyer who submits an offer that represents a

 

reasonable price for the property as determined by the department.

 

     (3) The sale of surplus land shall be conducted by the

 

department through 1 of the following methods:

 

     (a) A public auction sale.

 

     (b) A negotiated sale.

 

     (4) Subject to subsection (1), the sale of surplus land

 

through a public auction sale shall be to the highest bidder.

 

     (5) Effective 60 days after the department receives an

 

application to purchase surplus land through a negotiated sale, the

 

application shall be considered to be complete unless the

 

department proceeds as provided under subsection (6).

 

     (6) If, before the expiration of the 60-day period under

 

subsection (5), the department notifies the applicant, in writing,

 

that the application is not complete, specifying the information

 

necessary to make the application complete, the running of the 60-


day period under subsection (5) is tolled until the applicant

 

submits to the department the specified information, at which time

 

the application shall be considered to be complete. Notice under

 

this subsection shall include a statement of the requirements of

 

subsection (12).

 

     (7) Within 180 days after the application is considered to be

 

complete, or a later date agreed to by the applicant and the

 

department, the department shall approve or deny the application

 

and notify the applicant in writing. If the department denies the

 

application, the notice shall set forth the specific reasons for

 

the denial.

 

     (8) The department shall charge a fee for an application for

 

the purchase of surplus land. The fee shall be $300.00 plus, if the

 

surplus land is more than 300 acres in size, the actual reasonable

 

cost of processing the application.

 

     (9) (5) A notice of the sale of surplus land shall be given as

 

provided in section 2133.

 

     (10) (6) The proceeds from the sale of surplus land shall be

 

deposited into the fund.

 

     (11) (7) Surplus land that is sold under this subpart shall be

 

conveyed by quitclaim deed approved by the attorney general.

 

     (12) (8) Each application, as may be later amended or

 

supplemented, submitted by a private person under subsection (3)(b)

 

for the purchase of the land identified in that application as a

 

prospect for purchase , shall be considered and acted upon by the

 

department to final decision , before any other application

 

submitted at a later date by a different private person for the


purchase or exchange of the same land. However, if an application

 

is not completed within 60 days after the department notifies the

 

applicant under subsection (6) that the application is incomplete,

 

the department shall consider and act upon to final decision an

 

application submitted at a later date that is completed before that

 

previously submitted application.

 

     (13) In a land transaction, the department may give preference

 

to a local unit of government but shall not give preference to any

 

other person.

 

     Sec. 2132a. If land is proposed for purchase or sale by or

 

exchange with the department under this act based on its appraised

 

value, if 2 or more appraisals of the land that meet department

 

standards are made on behalf of the parties to the proposed

 

transaction, and if the high appraisal is less than 10% higher than

 

the low appraisal, the accepted value for purposes of the purchase,

 

sale, or exchange shall be the average of all the appraised values.

 

If the high appraisal is at least 10% higher than the low

 

appraisal, the parties may agree upon a new appraiser, whose

 

appraisal, or determination based on review of the existing

 

appraisals, shall be the accepted value for purposes of the

 

purchase, sale, or exchange. The department is responsible for 1/2

 

of the new appraiser's fee, and the other party or parties are

 

responsible for the balance.

 

     Sec. 2136. This subpart does not limit the authority of the

 

department to do 1 or both of the following:

 

     (a) To exchange land as provided in subpart 3.

 

     (b) To sell land as provided in the general property tax act,


Act No. 206 of the Public Acts of 1893, being sections 211.1 to

 

211.157 of the Michigan Compiled Laws.

 

     Sec. 2137. (1) Upon request, the department shall consider

 

selling or exchanging land that is not designated as surplus land.

 

The sale or exchange of the land is subject to the same procedures

 

as apply to the sale of land that is designated as surplus land

 

under this subpart.

 

     (2) Subsection (1) does not apply to land in a state park,

 

state recreation area, state game area, state wildlife research

 

area, or state public boating access site. Subsection (1) does not

 

apply to a request to sell land if the request meets the

 

requirements of section 2138.

 

     Sec. 2138. (1) Upon request, the department shall consider

 

selling or leasing land if both of the following requirements are

 

met:

 

     (a) The prospective buyer or lessee is a business seeking

 

expansion, but is limited by adjacent state land.

 

     (b) The sale or lease will result in an economic or other

 

benefit for a local unit of government or region.

 

     (2) The requirements set forth in section 2104(3) to (5) apply

 

to the sale or lease application process.

 

     (3) In making its decision on the request under subsection

 

(1), the department shall consider both of the following:

 

     (a) Any comments on the proposed sale or lease from local

 

units of government or other persons.

 

     (b) The impact on natural resources and outdoor recreation in

 

this state, giving due regard to the variety, use, and quantity of


lands then under control of the department.

 

     (4) The price for sale of the land shall be established using

 

a method determined appropriate by the department, including

 

appraisal, subject to section 2132a, fee schedule, or true cash

 

value of adjoining lands as agreed to by the applicant.

 

     (5) Proceeds from sale of the land shall be deposited in the

 

fund that provided the revenue for the acquisition of the land by

 

the department. If there is more than 1 such fund, the revenue

 

shall be deposited in the funds in amounts proportionate to their

 

respective contributions for the department's acquisition of the

 

land. To the extent that the land was in whole or in part acquired

 

other than with restricted fund revenue, a proportionate amount of

 

proceeds of the sale of the land shall be deposited in the land

 

exchange facilitation and management fund created in section 2134.

 

     Sec. 40501. The department shall perform such acts as may be

 

necessary to conduct and establish wildlife restoration,

 

management, and research projects and areas in cooperation with the

 

federal government under the Pittman-Robertson wildlife restoration

 

act, 16 USC 669 to 669i, and regulations promulgated by the United

 

States secretary of the interior under that act. In compliance with

 

that act, funds accruing to this state from license fees paid by

 

hunters shall not be used for any purpose other than game and fish

 

activities under the administration of the department. The

 

department shall manage land acquired with money received under the

 

Pittman-Robertson wildlife restoration act, 16 USC 669 to 669i, to

 

scientifically manage game and fish habitat or to increase

 

recreational hunting, fishing, and shooting opportunities.


Expenditures of money received under that act to scientifically

 

manage game and fish habitat acquired with money received under

 

that act must be primarily for the management of game and sportfish

 

species, but may benefit other species.

 

     Sec. 72118. (1) The department shall make a comprehensive

 

inventory of forest roads that are state roads. The department

 

shall divide the state into 5 regions and complete the inventory in

 

regional phases. The Upper Peninsula shall be a separate region or

 

regions. The department shall inventory the 2 most northerly

 

regions in the Lower Peninsula by December 31, 2017. The department

 

shall inventory the remaining regions by December 31, 2018. The

 

inventory shall meet both of the following requirements:

 

     (a) Identify the location, condition, and development level of

 

the forest roads.

 

     (b) Determine types of motorized and nonmotorized use

 

currently restricted on each forest road segment and the seasons

 

during which those uses are currently restricted.

 

     (2) Beginning when the inventory for a region is completed or

 

required to be completed, whichever occurs first, all of the

 

following apply:

 

     (a) The forest roads within that region shall be open to

 

motorized use by the public unless designated otherwise by the

 

department pursuant to by order issued under section 504(7). 504.

 

However, beginning on the effective date of the amendatory act that

 

added this section, September 28, 2016, forest roads in the Upper

 

Peninsula shall be open to motorized use by the public unless

 

designated otherwise pursuant to by order issued under section


504(7).504.

 

     (b) If a timber harvest is planned for a particular area in

 

that region, the department shall evaluate whether the timber

 

harvest activity offers the opportunity to connect existing forest

 

roads and trails in that area.

 

     (c) The department shall not newly restrict a road or trail in

 

that region from being used to access public land unless the

 

department has provided each local unit of government in which the

 

public land is located written notice that includes the reason for

 

the restriction. This subdivision does not apply to a restriction

 

imposed to protect public health or safety in an emergency

 

situation.

 

     (3) The department shall annually post to its website the

 

total miles of forest roads open to motorized use in all

 

inventoried regions and a map or maps of those forest roads.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 4476 (request no.

 

01896'17) of the 99th Legislature is enacted into law.

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