HB-4475, As Passed Senate, June 12, 2018

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4475

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 301, 503, 2106, 2133, and 72118 (MCL 324.301,

 

324.503, 324.2106, 324.2133, and 324.72118), section 301 as amended

 

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

 

2106 and 2133 as added by 1995 PA 60, and section 72118 as added by

 

2016 PA 288, and by adding subpart 17 to part 21.

 

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, all 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.

 

     (c) The potential impact of the designation or classification

 

on private property in the immediate vicinity.

 

     (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 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) If any payment under subpart 13 or 14 of part 21 or

 

section 51106 for land located north of the Mason-Arenac line is

 

not made in full and on time during a fiscal year, then, until the

 

end of that fiscal year, the department shall not purchase surface

 

rights to land located north of the Mason-Arenac line unless 1 or

 

both of the following apply:

 

     (a) Full payment was made later during that fiscal year.

 

     (b) The specific acquisition is approved by resolution adopted

 

by the following, as applicable:

 

     (i) If the land is located in a single township, the township

 

board.

 

     (ii) If the land is located in 2 or more townships, the county

 

board of commissioners of the county where the land is located.

 

     (4) (5) For the purposes of subsections (3) and (4), the

 

number of acres of (9), respectively, land in which the department

 

acquires or owns surface rights does not include any of the

 

following:

 

     (a) Land acquired under an option agreement in effect on the

 

date when the payment described in subsection (3) became due if the

 

acquisition takes place within 120 days after the payment became

 

due.

     (b) (a) Land in which the department has a conservation

 

easement.

 

     (c) (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.

 

     (d) (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 or for

 

accessing the waters of the state as defined in section 3101.

 

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

 

     (A) If the traveled portion of the proposed 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 proposed 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 proposed 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 proposed 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). (d). 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 a

 

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 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 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.

 

     (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 July 1, 2021, and every 6 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. 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.

 

     (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 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). The statement shall include

 

department contact information for persons who wish to comment on

 

the acquisition or disposition and 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).

 

     (11) Subject to subsection (12), if land owned by this state

 

and managed by the department, land owned by the federal

 

government, and land that is commercial forestland as defined in

 

section 51101 constitute 40% or more of the land in a county, the

 

department shall not acquire land in that county if, not more than

 

60 days after the department sent the notice of the proposed

 

acquisition to the board under section 2165, the department

 

receives a copy of a resolution rejecting the proposed acquisition

 

adopted by the following, as applicable:

 

     (a) If the land is located in a single township, the township

 

board.

 

     (b) If the land is located in 2 or more townships, the county

 

board of commissioners.

 

     (12) Subsection (11) does not apply to land described in

subsection (4)(d).

 

     (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.

 

     (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.

 

     (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.

 

     (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.

 

     (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.

 

     (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) 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. 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 and section 503(11) and (12).

 

     (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. 2133. (1) A notice of a sealed or oral bid public auction

 

sale of surplus lands shall be published at least once in a

 

newspaper as defined in section 1461 of the revised judicature act

of 1961, Act No. 236 of the Public Acts of 1961, being section

 

600.1461 of the Michigan Compiled Laws, not less than 10 days

 

before the sale. The newspaper shall be published in the county

 

where the surplus lands are located. If a newspaper is not

 

published in the county where the surplus lands are located, the

 

notice shall be published in a newspaper in a county nearest to the

 

county in which the lands are located. A notice shall describe the

 

general location of the surplus lands to be offered at the sale and

 

the date, time, and place of the sale. Upon request, the department

 

shall furnish a list of surplus lands being offered for sale at

 

public auction. The surplus land sale list shall include all of the

 

following:

 

     (a) The date, time, and place of sale.

 

     (b) Descriptions of surplus lands being offered.

 

     (c) The conditions of sale.

 

     (2) A notice of a negotiated sale of surplus lands shall be

 

published at least once in a newspaper as defined in section 1461

 

of the revised judicature act of 1961 not less than 10 days before

 

the department authorizes the sale. The newspaper shall be

 

published in the county where the surplus lands are located. If a

 

newspaper is not published in the county where the surplus lands

 

are located, the notice shall be published in a newspaper in a

 

county nearest to the county in which the lands are located. A

 

notice shall describe the general location of the surplus lands

 

offered in a negotiated sale and the date, time, and place that the

 

department will meet to authorize the sale. Upon request, the

 

department shall furnish a list of surplus lands being offered in a

negotiated sale. The surplus land negotiated sale list shall

 

include both of the following:

 

     (a) The date, time, and place that the department will meet to

 

authorize the sale.

 

     (b) Descriptions of surplus lands being offered.

 

                              SUBPART 17

 

                                NOTICE

 

     Sec. 2165. (1) At least 30 days before disposing of,

 

acquiring, leasing, or developing lands that are more THAN 80 acres

 

in size, the department shall do all of the following:

 

     (a) Provide notice in writing to the legislative bodies of the

 

local units of government where the land is located.

 

     (b) Post the notice on its website.

 

     (c) Publish the notice in a newspaper of general circulation

 

in the county where the land is located.

 

     (2) The notice under subsection (1) shall contain all of the

 

following information:

 

     (a) The acreage, the location by address or by distance and

 

direction from specified roads or highways, and the legal

 

description of the land.

 

     (b) The proposed timing of the land transaction.

 

     (c) The proposed use for the land.

 

     (d) The opportunity for the legislative body of a local unit

 

of government where the land is located, or 5 or more residents of

 

or owners of land in the county where the land is located, to

 

request a general public meeting on the proposed transaction and

 

the date by which the request must be received by the department

under subsection (3).

 

     (e) A website address where additional information on the

 

proposed transaction can be found.

 

     (f) For persons who wish to comment on or ask questions about

 

the proposed TRANSACTION, the name, telephone NUMBER, electronic

 

mail ADDRESS, and mailing address of a department contact person.

 

     (g) For the website notice, the following additional

 

information:

 

     (i) For the acquisition, lease from another person, or

 

development of land, the fund source that will be used.

 

     (ii) For the acquisition of land, the estimated annual

 

payments in lieu of taxes.

 

     (iii) The effect the proposal is expected to have on achieving

 

the strategic performance goals set forth in the strategic plan

 

pursuant to section 503(7).

 

     (3) If the legislative body of a local unit of government

 

where the land is located or 5 or more residents of or owners of

 

land in the county where the land is located request a general

 

public meeting and the department receives the necessary request or

 

requests within 15 days after providing notice under subsection

 

(1), the department shall meet with the general public in the

 

county where the land is located to discuss the proposed

 

disposition, acquisition, lease, or development. The department

 

shall send a representative to the meeting who is familiar with the

 

proposal.

 

     (4) The department shall provide notice of a meeting under

 

subsection (3) by all of the following means:

     (a) Written notice to the legislative body of each local unit

 

of government where the land is located.

 

     (b) Written notice to each resident or owner of land that

 

requested the meeting under subsection (3).

 

     (c) Posting of the notice on the department's website.

 

     (5) The department shall provide an opportunity for

 

representatives of all local units of government where the land is

 

located to meet in person with a department representative who is

 

familiar with the proposed disposition, acquisition, lease, or

 

development to discuss the proposal.

 

     (6) Subsections (1) to (5) do not apply to either of the

 

following:

 

     (a) A lease with a term of 10 years or less.

 

     (b) A lease limited to exploration for and production of oil

 

and gas.

 

     (7) As used in this section:

 

     (a) "Development" means development that would significantly

 

change or impact the current use of the land subject to

 

development. "Developing" has a corresponding meaning. The removal

 

of a berm, gate, or other human-made barrier under section 504 is

 

not development.

 

     (b) "Newspaper" means that term as defined in section 1461 of

 

the revised judicature act of 1961, 1961 PA 236, MCL 600.1461.

 

     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 are open to

 

motorized use by the public unless designated otherwise by an order

 

of the department pursuant to under section 504(7). 504. However,

 

beginning on the effective date of the amendatory act that added

 

this section, forest roads in the Upper Peninsula shall be are open

 

to motorized use by the public unless designated otherwise pursuant

 

to section 504(7).by an order of the department under section 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 all of the following bills of the 99th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 302.

 

     (b) Senate Bill No. 303.