Bill Text: MI HB5292 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Natural resources; other; water under department of natural resources control; provide for protection and conservation of. Amends secs. 502, 503 & 504 of 1994 PA 451 (MCL 324.502 et seq.).
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2019-12-11 - Bill Electronically Reproduced 12/11/2019 [HB5292 Detail]
Download: Michigan-2019-HB5292-Introduced.html
HOUSE BILL NO. 5292
December 10, 2019, Introduced by Reps.
Pohutsky, Rabhi, Brixie, Hood, Sowerby, Wittenberg, Hoadley, LaGrand,
Peterson, Brenda Carter, Haadsma, Cynthia Johnson, Anthony, Bolden, Hammoud
and Kuppa and referred to the Committee on Natural Resources and Outdoor
Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 502, 503, and 504 (MCL 324.502, 324.503, and 324.504), section 502 as amended by 2004 PA 587, section 503 as amended by 2018 PA 240, and section 504 as amended by 2018 PA 238.
the people of the state of michigan enact:
Sec. 502. (1) The commission may promulgate rules, not
inconsistent with law, governing its organization and procedure.
(2) The department may do
1 or more of the following:
(a) Promulgate and
enforce reasonable rules concerning the protection, conservation, use, and occupancy of lands land, water, and
property under its the department's control, in accordance with subject to section 504.
(b) Provide and develop
facilities for outdoor recreation.
(c) Conduct
investigations it considers necessary for the proper protection, conservation, and management of land, water, and
property under the department's control through the administration
of this part.
(d) Remove and dispose of
forest products as required for the protection, reforestation, and proper
development and conservation of the lands land and
property under the department's control. of the department.
(e) Require the payment
of a fee as provided by law for a daily permit or other authorization that allows the person to
hunt and take waterfowl on a public hunting area managed and developed for waterfowl.
(3) Except as provided in
subsection (4), the department may enter into contracts for the taking of coal,
oil, gas, and other mineral products from state owned lands, land, upon
a royalty basis or upon another basis, and upon the terms the department
considers just and equitable,
subject to section 502a. This contract power includes authorization to enter
into contracts for the storage of gas or other mineral products in or upon
state owned lands, land, if the consent of the state agency
having jurisdiction and control of the state owned land is first obtained. A
contract permitted under this section subsection for the taking of coal, oil,
gas, or metallic mineral products, or for the storage of gas or other mineral
products, is not valid unless the contract is approved by the state
administrative board. Money received from a contract for the storage of gas or
other mineral products in or upon state lands land shall
be transmitted to the state treasurer for deposit in the general fund of the this state to be used for the purpose of defraying to defray the expenses incurred in the
administration of this act and other purposes provided by law. Other money
received from a contract permitted under this subsection, except money received
from lands land acquired with money from the former
game and fish protection fund or the game and fish protection account of the
Michigan conservation and recreation legacy fund provided for in section 2010,
shall be transmitted to the state treasurer for deposit in the Michigan natural
resources trust fund created in section 35 of article IX of the state
constitution of 1963 and provided for in part 19. However, the money received
from the payment of service charges by a person using areas managed for
waterfowl shall be credited to the game and fish protection account of the
Michigan conservation and recreation legacy fund provided for in section 2010
and used only for the purposes provided by law. Money received from bonuses,
rentals, delayed rentals, royalties, and the direct sale of resources,
including forest resources, from lands land acquired
with money from the former game and fish protection fund or the game and fish
protection account of the Michigan conservation and recreation legacy fund
provided for in section 2010 shall be credited to the Michigan game and fish
protection trust fund established in section 41 of article IX of the state
constitution of 1963 and provided for in part 437, except as otherwise provided
by law.
(4) The department shall
not enter into a contract that allows drilling operations beneath the lake
bottomlands of the Great Lakes, the connected bays or harbors of the Great
Lakes, or the a connecting waterways waterway as defined in section 32301, for the
exploration or production of oil or gas.
(5) This section does not
permit a contract for the taking of gravel, sand, coal, oil, gas, or other
metallic mineral products that does not comply with applicable local ordinances
and state law.
Sec. 503. (1) The department shall protect and
conserve the water and other natural
resources of this state and the public
trust in those natural resources; 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 and water 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 and over the
management and control of all water under the public domain,
except for those lands land and water 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.
(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) For the purposes of subsections (3) and (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) Land in which the department has a conservation easement.
(c) 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
and acquired by the department.
(d) 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) 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. 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) The department shall maintain a record of land as
described in subsection (4)(a) to (d). The record shall include the location,
acreage, date of acquisition, and use of the land.
(6) By October 1, 2014, the department shall develop a
written strategic plan to guide the acquisition and disposition of state lands land managed by the
department, submit the plan to the 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) The strategic plan shall do all of the following:
(a) Divide this state into regions.
(b) Identify lands land
and public bodies of water 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 land and public bodies of water 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 land and public bodies of water 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.
(8) 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, 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 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 (7)(c).
(b) Any proposed changes to the goals, including the
rationale for the changes.
(c) The department's engagement and collaboration with local
units of government.
(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
compliance 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 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 land owned or controlled by the department or
may grant concessions on lands
land owned
or controlled by the department to any person for any purpose that the
department determines to be necessary to implement this part. The department
shall 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 for 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 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 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 may reserve all
mineral, coal, oil, and gas rights to this state only if the land is in
production or is leased or permitted for production, or 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 land 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 the land as
shown by the records shall be given priority in case the department authorizes
any sale of those lands, the land, 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 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.
(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) "Strategic plan" or "plan" means the
plan developed under subsection (6), as updated under subsection (10), if
applicable.
Sec. 504. (1) The
department shall promulgate rules to protect and preserve lands land, water, and other property under
its control from depredation, damage, or destruction or wrongful or improper
use or occupancy. Not more than 10 days after promulgating a rule under this
subsection, the department shall provide a copy of the rule to the relevant
legislative committees, as defined in section 503. Within 6 months after the
effective date of a rule promulgated under this subsection that limits the use
of or access to more than 500 acres of state forest, the department shall, if
requested by the chair of a relevant legislative committee, provide testimony
to the committee on the implementation and effects of the rule.
(2) Subject to subsection (3), the department shall do all of
the following:
(a) Keep land and
bodies of water under its control open to hunting and fishing unless the
department determines that the land or body of water should be closed to hunting or fishing because of
public safety, fish or wildlife management, or homeland security concerns or as
otherwise required by law.
(b) Manage land and water under its control to support and promote hunting
and fishing 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) Subsection (2) does not apply to commercial forestland as
defined in section 51101.
(4) The department is urged to promote public enjoyment of
this state's wildlife and other natural resources by providing public access to
lands land and bodies of water under
the control of the department for outdoor recreation activities dependent on
natural resources, providing reasonable consideration for both motorized and nonmotorized
activities.
(5) If 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 department shall remove the
barrier as follows:
(i) Unless
subparagraph (ii) applies, 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.
(c) That the department will not consider the request. The
department is not required to consider the request if, within the 3-year period
preceding the receipt of the request, the department received another request
for removal of the barrier and acted or is acting on the request under subdivision
(a) or (b). The notice under this subdivision shall explain why the request is
not being considered and specify the date after which the department is
required, if the barrier has not already been removed, to consider a new
request.
(6) Upon request from a local unit of government, the
department shall work with the local unit to allow use of state land managed by
the department and located within the local unit that will benefit the local
community by increasing outdoor recreation opportunities and expanding access
to and appropriate use of the natural resources and outdoors. The department
may charge the local unit a reasonable fee for the use that does not exceed the
costs incurred by the department for the use.
(7) This section does not authorize the department to
promulgate a rule that applies to commercial fishing except as otherwise
provided by law.
(8) 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.
(9) The department shall issue orders necessary to implement
rules promulgated under this section. The orders are effective upon posting.
(10) In Subject to subsection (11), in issuing
an order under subsection (9), the department shall comply with the following
procedures in a manner that ensures adequate public notice and opportunity for
public comment:
(a) The department shall prepare the order after considering
comments from department field personnel.
(b) The department shall conduct a public meeting and
otherwise provide an opportunity for public comment on the order.
(c) Commencing at least 30 days before the first meeting and
continuing through the public comment period under subdivision (b), the natural
resources commission shall include the order on a public meeting agenda and the
department shall post the order on its website. If the order will result in a
loss of public land open to hunting, the agenda and website posting shall
specify the number of acres affected.
(d) Not less than 30 days before issuance of an order, the
department shall provide a copy of the order to the relevant legislative committees.
This subdivision does not apply to an order that does not alter the substance
of a lawful provision that exists in the form of a statute, rule, regulation,
or order at the time the order is prepared.
(11) Subsection (10) does not apply to an order for emergency
management purposes that is in effect for 90 days or less.
(12) If an order limits the use of or access to more than 500
acres of state forest, the department shall provide a copy of the order to the
relevant legislative committees not more than 10 days after the order is
issued. If requested by the chair of a relevant legislative committee, the
department shall provide testimony on the implementation and effects of such an
order at a committee hearing held within 6 months after the effective date of
the order.
(13) The department may revise an order issued pursuant to
subsection (9). The revision is subject to subsections (10) to (12), as
applicable.
(14) 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.
(15) As used in this section, "relevant legislative
committees" means that term as defined in section 503.