Bill Text: MI SB0039 | 2015-2016 | 98th Legislature | Engrossed

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Bill Title: Natural resources; land acquisition; caps on DNR land purchases; suspend if legislature has approved most recent 5-year strategic plan update and payments in lieu of taxes have been made. Amends secs. 503, 504, 2104, 2106, 2126, 2130, 2131, 2132, 2136, 52501, 52503 & 52506 of 1994 PA 451 (MCL 324.503 et seq.) & adds secs. 514, 2137 & 72117. TIE BAR WITH: SB 0040'15

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2016-11-09 - Referred To Committee On Natural Resources [SB0039 Detail]

Download: Michigan-2015-SB0039-Engrossed.html

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SB-0039, As Passed Senate, October 20, 2016

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 39

 

 

 

 

 

 

 

 

 

 

 

     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, 35501, 35502, 35503, 40501, 52502, 52503,

 

and 52506 (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, 324.35501, 324.35502, 324.35503,

 

324.40501, 324.52502, 324.52503, and 324.52506), 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, sections 35501, 35502, and

 

35503 as added by 1995 PA 59, section 40501 as amended by 2008 PA

 

416, and sections 52502, 52503, and 52506 as added by 2004 PA 125,

 

and by adding sections 2102c, 2132a, and 2137; and to repeal acts

 

and parts of acts.

 

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 or director 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.

 

     (3) (4) Beginning May 1, 2015, 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, then until

 

December 31 of that year, or until full payment is made, whichever

 

occurs later, 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 than the

 

department owned when the payment became due. This subsection does

 

not apply after the enactment of legislation adopting the strategic

 

plan.

 

     (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 the

 

legislature makes an appropriation for the acquisition. 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 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). (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

 

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 July 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. At least 60 days before posting the 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 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, 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,

 

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, the department receives a copy of a resolution

 

adopted by the county board of commissioners 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 department shall provide that each

 

concession is awarded at least every 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 the land is in production or is

 

leased or permitted for production, or when 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 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.

 

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

 

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

 

land located within the local unit that will benefit the local

 

community by increasing outdoor recreation opportunities and

 

expanding access to and 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.

 

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

 

promulgate a rule that applies to commercial fishing except as

 

otherwise provided by law.

 

     (10) (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.

 

     (11) (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.

 

     (12) (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 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 department

 

shall manage land acquired with money from the game and fish

 

protection account or the former game and fish protection fund to

 

enhance game and fish populations to ensure increased recreational

 

hunting and fishing opportunities. Unless the department can

 

demonstrate that the primary purpose of the expenditure is for game

 

species, and benefits to nongame species are a result of the

 

primary purpose, both of the following apply:

 

     (a) Money in the game and fish protection account shall not be

 

expended for management of nongame species.

 

     (b) Forest treatments on lands acquired with money from the

 

game and fish protection account or the former game and fish

 

protection fund shall not be undertaken to benefit nongame 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 if the department does not have the staff or

 

other resources to implement the programs itself.

 

                              SUBPART 1

 

             SALE OR LEASE OF STATE LANDS FOR PUBLIC PURPOSES

 

     Sec. 2101. (1) The department may sell sites to school

 

districts and to churches and other religious organizations, sell

 

lands for public purposes to public educational institutions, ; and

 

sell lands 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, governmental unit, or

 

agency , department, board, or commission upon forms prepared and

 

furnished by the department for that purpose.

 

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

 

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. 2102c. (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 department shall give notice of the proposed sale or

 

lease of the land as provided in section 2133(2).

 

     (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. 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 30 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 30-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 30-

 

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) 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.

 

     (6) The department may charge a fee for an application for the

 

exchange of state land. The fee shall not exceed the actual

 

reasonable cost of processing an application for an exchange of

 

state land or $300.00, whichever is less.

 

     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 of an easement under

 

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

 

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

 

The fee shall not exceed the actual reasonable cost of processing

 

an application for an easement or $300.00, whichever is less.

 

     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 after the department

 

determines all of considers all of the following:

 

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

 

     (c) That Whether 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.

 

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

 

Whether the sale will resolve an inadvertent trespass.

 

     (e) (iii) The Whether 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.

 

     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 30 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 30-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 30-

 

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 may charge a fee for an application for the

 

purchase of surplus land. The fee shall not exceed the actual

 

reasonable cost of processing an application to purchase surplus

 

land or $300.00, whichever is less.

 

     (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 30 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 first.

 

     (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 the

 

new appraiser's fee.

 

     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,

 

recreation area, or game area. Subsection (1) does not apply to a

 

request to sell land if the request meets the requirements of

section 2102c.

 

     Sec. 35501. As used in this part:

 

     (a) "Biological diversity" means the full range of variety and

 

variability within and among living organisms and the natural

 

associations in which they occur. Biological diversity includes

 

ecosystem diversity, species diversity, and genetic diversity.

 

     (b) "Committee" means the joint legislative working committee

 

on biological diversity created pursuant to section 35504.

 

     (c) "Conserve", "conserving", and "conservation" mean measures

 

for maintaining natural biological diversity and measures for

 

restoring natural biological diversity through management efforts,

 

in order to protect, restore, and enhance as much of the variety of

 

native species and communities as possible in quantities and

 

distributions that provide for the continued existence and normal

 

functioning of native species and communities, including the

 

viability of populations throughout the natural geographic

 

distributions of native species and communities.

 

     (b) "Conservation of biological diversity" means measures for

 

maintaining, managing, or enhancing biological diversity while

 

ensuring accessibility, productivity, and use of the natural

 

resources for present and future generations.

 

     (c) (d) "Ecosystem" means an assemblage of species, together

 

with the species' physical environment, considered as a unit.

 

     (d) (e) "Ecosystem diversity" means the distinctive

 

assemblages of species and ecological processes that occur in

 

different physical settings of the biosphere.

 

     (e) (f) "Genetic diversity" means the differences in genetic

composition within and among populations of a given species.

 

     (f) (g) "Habitat" means the area or type of environment in

 

which an organism or biological population normally lives or

 

occurs.

 

     (h) "Reporting department" means a state department or agency

 

that is required by the committee under this part to file 1 or more

 

reports.

 

     (g) (i) "Species diversity" means the richness and variety of

 

native species.

 

     (j) "State strategy" means the recommended state strategy

 

prepared by the committee.

 

     (k) "Sustained yield" means the achievement and maintenance in

 

perpetuity of regular periodic output of the various renewable

 

resources without impairment of the productivity of the land.

 

     Sec. 35502. The legislature finds that:

 

     (a) The earth's biological diversity is an important natural

 

resource. Decreasing biological diversity is a concern.

 

     (b) Most losses of biological diversity are unintended

 

consequences of human activity.

 

     (b) (c) Humans depend on biological resources, including

 

plants, animals, and microorganisms, for food, medicine, shelter,

 

and other important products.

 

     (c) (d) Biological diversity is valuable as a source of

 

intellectual and scientific knowledge, recreation, and aesthetic

 

pleasure.

 

     (d) (e) Conserving biological diversity has economic

 

implications.

     (e) (f) Reduced biological diversity may have potentially

 

serious consequences for human welfare as resources for research

 

and agricultural, medicinal, and industrial development are

 

diminished.

 

     (f) (g) Reduced biological diversity may also potentially

 

impact ecosystems and critical ecosystem processes that moderate

 

climate, govern nutrient cycles and soil conservation and

 

production, control pests and diseases, and degrade wastes and

 

pollutants.

 

     (g) (h) Reduced biological diversity may diminish the raw

 

materials available for scientific and technical advancement,

 

including the development of improved varieties of cultivated

 

plants and domesticated animals.

 

     (h) (i) Maintaining biological diversity through habitat

 

protection and management is often less costly and more effective

 

than efforts to save species once they become endangered.

 

     (i) (j) Because biological resources will be most important

 

for future needs, study by the legislature regarding maintaining

 

the diversity of living organisms in their natural habitats and the

 

costs and benefits of doing so is prudent.

 

     Sec. 35503. (1) It is the goal of this state to encourage the

 

lasting conservation of biological diversity.

 

     (2) This part does not require a state department or agency to

 

alter do any of the following:

 

     (a) Alter its regulatory functions.

 

     (b) Designate or classify an area of land specifically for the

 

purpose of achieving or maintaining biological diversity.

     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

 

enhance game and fish populations to ensure increased recreational

 

hunting and fishing opportunities. Unless the department can

 

demonstrate that the primary purpose of the expenditure is for game

 

species, and benefits to nongame species are a result of the

 

primary purpose, both of the following apply:

 

     (a) Money received under that act shall not be expended for

 

management of nongame species.

 

     (b) Forest treatments on lands acquired with money received

 

under that act shall not be undertaken to benefit nongame species.

 

     Sec. 52502. (1) The department shall manage the state forest

 

in a manner that is consistent with principles of sustainable

 

forestry. and in doing so

 

     (2) In fulfilling the requirements of subsection (1), the

 

department shall do all of the following:

 

     (a) Manage forests with consideration of its their economic,

 

social, and environmental values by doing all of the following:

     (i) Broaden Broadening the implementation of sustainable

 

forestry by employing an array of economically, environmentally,

 

and socially sound practices in the conservation of forests, using

 

the best scientific information available.

 

     (ii) Promote Promoting the efficient utilization of forest

 

resources.

 

     (iii) Broaden Broadening the practice of sustainable forestry

 

by cooperating with forestland owners, wood producers, and

 

consulting foresters.

 

     (iv) Plan and manage plantations in accordance with

 

sustainable forestry principles and in a manner that complements

 

the management of and promotes the restoration and conservation of

 

natural forests.

 

     (iv) Managing forest resources to improve forest health and

 

sustainability.

 

     (v) Where appropriate, promoting working forests for the

 

production of forest products and ecological value.

 

     (vi) Actively managing for enhanced wildlife habitat, but this

 

should not take precedent over forest management.

 

     (b) Conserve and protect forestland by doing all of the

 

following:

 

     (i) Ensure Ensuring long-term forest productivity and

 

conservation of forest resources through prompt reforestation, soil

 

conservation, afforestation, and other measures.

 

     (ii) Protect Protecting the water quality in streams, lakes,

 

and other waterbodies water bodies in a manner consistent with the

 

department's best management practices for water quality.

     (iii) Manage Managing the quality and distribution of wildlife

 

habitats, and contribute contributing to the conservation of

 

biological diversity, by developing and implementing stand and

 

landscape-level measures that promote habitat diversity and the

 

conservation of forest plants and animals, including aquatic flora

 

and fauna and unique ecosystems, while minimizing loss of economic

 

values.

 

     (iv) Protect forests Managing forests to mitigate or minimize

 

impacts from wildfire, pests, diseases, and other damaging agents.

 

     (v) Manage Managing areas of ecologic, geologic, cultural, or

 

historic significance in a manner that recognizes their special

 

qualities.

 

     (vi) Manage Managing activities in high conservation value

 

forests by maintaining or enhancing the attributes that define such

 

those forests, while minimizing loss of economic values.

 

     (c) Communicate to the public by doing all of the following:

 

     (i) Publicly report reporting the department's progress in

 

fulfilling its commitment to sustainable forestry.

 

     (ii) Informing the public of the positive aspects of managed

 

forests.

 

     (iii) (ii) Provide Providing opportunities for persons to

 

participate in the commitment to sustainable forestry.

 

     (iv) (iii) Prepare, implement, and keep Preparing,

 

implementing, and keeping current a management plan that clearly

 

states the long-term objectives of management and the means of

 

achieving those objectives.

 

     (d) Monitor forest management by promoting Promote continual

improvement in the practice of sustainable forestry and monitoring,

 

measuring, and reporting monitor, measure, and report performance

 

in achieving the commitment to sustainable forestry.

 

     (e) Consider the local community surrounding state forestland

 

by doing both of the following:

 

     (i) Require Requiring that forest management plans and

 

operations comply with applicable federal and state laws.

 

     (ii) Require Requiring that forest management operations

 

maintain or enhance the long-term social and economic well-being of

 

forest workers and local communities.

 

     Sec. 52503. (1) The department shall adopt a forestry

 

development, conservation, and recreation management plan for state

 

owned state-owned lands owned or controlled by the department.

 

Parks and recreation areas, state game areas, and other wildlife

 

areas on these lands shall be managed according to their primary

 

purpose. The Subject to subsection (2)(g), the department may

 

update the plan as the department considers necessary or

 

appropriate. The plan and any plan updates shall be consistent with

 

section 52502 and shall be designed to assure ensure a stable,

 

long-term, sustainable timber supply from the state forest as a

 

whole.

 

     (2) The plan and any plan updates shall include all of the

 

following:

 

     (a) An identification of the interests of local communities,

 

outdoor recreation interests, the tourism industry, and the forest

 

products industry.

 

     (b) An identification of the annual capability of the state

forest and management goals based on that level of productivity.

 

     (b) (c) Methods to promote and encourage the use of the state

 

forest for outdoor recreation, tourism, and the forest products

 

industry.

 

     (c) (d) A landscape management plan for the state forest

 

incorporating biodiversity conservation goals, indicators, and

 

measures.

 

     (d) (e) Standards for sustainable forestry consistent with

 

section 52502.

 

     (e) (f) An identification of environmentally sensitive areas.

 

     (f) (g) An identification of the need for forest treatments to

 

maintain and sustain healthy, vigorous forest vegetation and

 

quality habitat for wildlife and environmentally sensitive species.

 

     (g) By October 1, 2017, yearly harvest objectives for all

 

state-owned land by forest management area for a 10-year period. At

 

least every 5 years, the department shall update the yearly harvest

 

objectives for a new 10-year period commencing when the plan is

 

updated. The department shall post and maintain the current yearly

 

harvest objectives on the department's website. All of the

 

following apply to the harvest objectives for each forest

 

management area:

 

     (i) Must not exceed the sustainable yields.

 

     (ii) Must be based on accumulated growth.

 

     (iii) May consider physical, biological, environmental, and

 

recreational objectives.

 

     (3) Beginning October 1, 2017 and each year thereafter, the

 

department shall prepare for sale a minimum of 90% of the yearly

statewide harvest objective.

 

     Sec. 52506. By January 1 of each year, the department shall

 

prepare and submit to the commission of natural resources

 

commission, the standing committees of the senate and the house of

 

representatives with primary jurisdiction over forestry issues, and

 

the senate and house appropriations committees a report that

 

details the following from the previous state fiscal year:

 

     (a) The number of harvestable acres in the state forest, as

 

determined by the certification program under section 52506.from

 

information in the state forest management plans under section

 

52503.

 

     (b) The number of acres of the state forest that were

 

harvested and the number of cords of wood that were harvested from

 

the state forest.

 

     (c) The number of acres of state owned state-owned lands owned

 

or controlled by the department other than state forestlands forest

 

that were harvested and the number of cords of wood that were

 

harvested from those lands.

 

     (d) Efforts by the department to promote recreational

 

opportunities in the state forest.

 

     (e) Information on the public's utilization of the

 

recreational opportunities offered by the state forest.

 

     (f) Efforts by the department to promote wildlife habitat in

 

the state forest.

 

     (g) The status of the plan and whether the department

 

recommends any changes in the plan.

 

     (h) Status of certification efforts required in section 52505

and , beginning in 2006, a definitive statement of whether the

 

department is maintaining certification of the entire state forest.

 

     (i) A description of any activities that have been undertaken

 

on forest pilot project areas described in section 52511.

 

     Enacting section 1. Sections 35504 to 35506 of the natural

 

resources and environmental protection act, 1994 PA 451, MCL

 

324.35504 to 324.35506, are repealed.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 3. This amendatory act does not take effect

 

unless Senate Bill No. 40 of the 98th Legislature is enacted into

 

law.