Act No. 344

Public Acts of 2006

Approved by the Governor*

August 15, 2006

Filed with the Secretary of State

August 16, 2006

EFFECTIVE DATE: August 16, 2006

*Item Vetoes

Sec. 108. PARKS AND RECREATION

Petoskey breakwall $ 0400,000 (Page 6)

Sec. 112. GRANTS

Grant to Gladwin County - Chappel dam maintenance $ 300,000 (Page 8)

Sec. 603.

Entire Section. (Page 13)

Sec. 709.

Entire Section. (Page 14)

Sec. 1104.

Entire Section. (Page 15)

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Senators Barcia and Emerson

ENROLLED SENATE BILL No. 1094

AN ACT to make appropriations for the department of natural resources for the fiscal year ending September 30, 2007; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

The People of the State of Michigan enact:

PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the department of natural resources for the fiscal year ending September 30, 2007, from the funds indicated in this part. The following is a summary of the appropriations in this part:

DEPARTMENT OF NATURAL RESOURCES

APPROPRIATION SUMMARY:

Full-time equated unclassified positions 6.0

Full-time equated classified positions 2,086.4

GROSS APPROPRIATION $ 291,513,200

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 3,765,900

ADJUSTED GROSS APPROPRIATION $ 287,747,300

Federal revenues:

Total federal revenues 43,464,300

Special revenue funds:

Total local revenues 0

Total private revenues 3,125,100

Total other state restricted revenues 215,888,300

State general fund/general purpose $ 25,269,600

FUND SOURCE SUMMARY:

Full-time equated unclassified positions 6.0

Full-time equated classified positions 2,086.4

GROSS APPROPRIATION $ 291,513,200

Interdepartmental grant revenues:

IDG, engineering services to work orders 1,904,700

IDG, land acquisition services to work orders 414,800

IDG, MacMullan conference center revenue 1,446,400

Total interdepartmental grants and intradepartmental transfers 3,765,900

ADJUSTED GROSS APPROPRIATION $ 287,747,300

Federal revenues:

DAG, federal 7,237,800

DAG, timber revenue 3,300,000

DHS-USCG, federal 5,743,300

DOC, federal 69,200

DOE, federal 1,000

DOI, federal 24,584,400

DOI, oil and gas royalty revenue 150,000

DOT, federal 2,100,000

EPA, federal 278,600

Total federal revenues 43,464,300

Special revenue funds:

Private funds 2,625,100

Private - gift revenues 500,000

Total private revenues 3,125,100

Aircraft fees 252,700

Air photo fees - geographic information system 34,300

Cervidae licensing and inspection fees 95,700

Clean Michigan initiative fund 56,000

Clean Michigan initiative - clean water fund 2,000,000

Commercial forest fund 49,600

Forest development fund 34,277,900

Forestland user charges 326,500

Forest recreation fund 1,439,500

Game and fish protection fund 64,965,900

Game and fish protection fund - deer habitat reserve 2,565,400

Game and fish protection fund - fisheries settlement 964,700

Game and fish protection fund - turkey permit fees 1,751,600

Game and fish protection fund - waterfowl fees 106,100

Game and fish - wildlife resource protection fund 1,643,200

Game and fish protection fund - youth hunting and fishing education and outreach fund 27,700

Harbor development fund 290,100

Land exchange facilitation fund 6,086,700

Marine safety fund 4,716,000

Michigan civilian conservation corps endowment fund 1,137,300

Michigan natural resources trust fund 3,095,000

Michigan state parks endowment fund 12,974,000

Michigan state waterways fund 16,689,600

Nongame wildlife fund 696,100

Off-road vehicle trail improvement fund 4,297,400

Park improvement fund 41,173,600

Publications revenue 900

Recreation improvement fund 1,463,200

Safety education fund 211,000

Shop fees 66,300

Snowmobile registration fee revenue 2,258,200

Snowmobile trail improvement fund 9,926,100

Sportsmen against hunger fund 250,000

Total other state restricted revenues $ 215,888,300

State general fund/general purpose $ 25,269,600

Sec. 102. EXECUTIVE

Full-time equated unclassified positions 6.0

Full-time equated classified positions 45.6

Commission (including travel expense--per diem) $ 91,300

Unclassified salaries--6.0 FTE positions 416,500

Communications--33.6 FTE positions 3,615,700

Executive direction--12.0 FTE positions 2,158,000

Project F.I.S.H. 25,000


GROSS APPROPRIATION $ 6,306,500

Appropriated from:

Interdepartmental grant revenues:

IDG, MacMullan conference center revenue 23,100

Special revenue funds:

Aircraft fees 500

Air photo fees - geographic information system 1,100

Forest development fund 324,700

Forestland user charges 6,500

Forest recreation fund 27,300

Game and fish protection fund 1,829,800

Game and fish protection fund - deer habitat reserve 37,200

Game and fish protection fund - fisheries settlement 10,200

Game and fish protection fund - turkey permit fees 15,900

Game and fish protection fund - waterfowl fees 900

Game and fish - wildlife resource protection fund 15,600

Game and fish protection fund - youth hunting and fishing education and outreach fund 27,700

Harbor development fund 600

Land exchange facilitation fund 63,600

Marine safety fund 29,100

Michigan civilian conservation corps endowment fund 2,600

Michigan natural resources trust fund 32,100

Michigan state parks endowment fund 130,100

Michigan state waterways fund 281,700

Nongame wildlife fund 11,000

Off-road vehicle trail improvement fund 23,400

Park improvement fund 2,404,500

Publications revenue 500

Recreation improvement fund 13,000

Snowmobile registration fee revenue 4,400

Snowmobile trail improvement fund 46,200

State general fund/general purpose $ 943,200

Sec. 103. ADMINISTRATIVE SERVICES

Full-time equated classified positions 81.0

Budget and support services--10.0 FTE positions $ 1,006,700

Financial services--27.0 FTE positions 2,670,200

Grants management--15.0 FTE positions 1,317,400

Human resources--21.0 FTE positions 2,163,600

Human resources optimization user charges 158,700

Internal audit--8.0 FTE positions 849,200


GROSS APPROPRIATION $ 8,165,800

Appropriated from:

Interdepartmental grant revenues:

IDG, MacMullan conference center revenue 14,800

Federal revenues:

DOI, federal 355,400

Special revenue funds:

Aircraft fees $ 3,200

Air photo fees - geographic information system 3,500

Clean Michigan initiative fund 56,000

Commercial forest fund 1,800

Forest development fund 990,200

Forestland user charges 1,000

Forest recreation fund 81,100

Game and fish protection fund 1,595,200

Game and fish protection fund - deer habitat reserve 53,800

Game and fish protection fund - fisheries settlement 21,400

Game and fish protection fund - turkey permit fees 32,600

Game and fish protection fund - waterfowl fees 4,500

Game and fish - wildlife resource protection fund 35,000

Harbor development fund 7,000

Land exchange facilitation fund 74,400

Marine safety fund 167,400

Michigan civilian conservation corps endowment fund 49,100

Michigan natural resources trust fund 811,000

Michigan state parks endowment fund 204,000

Michigan state waterways fund 470,400

Nongame wildlife fund 23,100

Off-road vehicle trail improvement fund 68,600

Park improvement fund 1,498,200

Publications revenue 400

Recreation improvement fund 20,500

Safety education fund 2,500

Shop fees 400

Snowmobile registration fee revenue 99,700

Snowmobile trail improvement fund 238,100

State general fund/general purpose $ 1,181,500

Sec. 104. LAND AND FACILITIES

Full-time equated classified positions 134.2

Land and facilities--134.2 FTE positions $ 20,009,500


GROSS APPROPRIATION $ 20,009,500

Appropriated from:

Interdepartmental grant revenues:

IDG, engineering services to work orders 1,904,700

IDG, land acquisition services to work orders 414,800

IDG, MacMullan conference center revenue 1,374,100

Special revenue funds:

Aircraft fees 124,900

Forest development fund 1,766,400

Forestland user charges 13,100

Forest recreation fund 10,700

Game and fish protection fund 7,096,700

Land exchange facilitation fund 5,848,200

Marine safety fund 72,700

Michigan natural resources trust fund 5,600

Michigan state parks endowment fund 112,300

Michigan state waterways fund 295,200

Off-road vehicle trail improvement fund 23,100

Park improvement fund 535,500

Snowmobile trail improvement fund 65,200

State general fund/general purpose $ 346,300

Sec. 105. DEPARTMENTAL OPERATION SUPPORT

Building occupancy charges $ 2,111,100

Rent - privately owned property 515,000

Gifts and bequests 500,000


GROSS APPROPRIATION $ 3,126,100

Appropriated from:

Special revenue funds:

Private - gift revenues 500,000

Forest development fund 882,500

Forest recreation fund 20,700

Game and fish protection fund 546,300

Game and fish protection fund - deer habitat reserve 21,100

Game and fish protection fund - fisheries settlement 6,800

Game and fish protection fund - turkey permit fees 20,200

Game and fish - wildlife resource protection fund 7,600

Land exchange facilitation fund 13,000

Marine safety fund 34,500

Michigan natural resources trust fund 42,500

Michigan state parks endowment fund 242,600

Michigan state waterways fund 180,100

Park improvement fund 412,800

Snowmobile trail improvement fund 22,000

State general fund/general purpose $ 173,400

Sec. 106. WILDLIFE MANAGEMENT

Full-time equated classified positions 195.7

Wildlife management--186.7 FTE positions $ 27,192,300

Natural resources heritage--9.0 FTE positions 1,311,100

Cormorant control 150,000

State game and wildlife area maintenance 500,000


GROSS APPROPRIATION $ 29,153,400

Appropriated from:

Federal revenues:

DAG, federal 100,400

DOI, federal 11,379,300

EPA, federal 1,000

Special revenue funds:

Private funds 111,300

Cervidae licensing and inspection fees 95,700

Forest development fund 61,600

Game and fish protection fund 10,363,800

Game and fish protection fund - deer habitat reserve 2,358,000

Game and fish protection fund - turkey permit fees 1,620,600

Game and fish protection fund - waterfowl fees 100,700

Nongame wildlife fund 622,600

Sportsmen against hunger fund 250,000

State general fund/general purpose $ 2,088,400

Sec. 107. FISHERIES MANAGEMENT

Full-time equated classified positions 225.0

Aquatic resource mitigation--3.0 FTE positions $ 899,400

Fish production--62.0 FTE positions 8,318,800

Fisheries resource management--160.0 FTE positions 20,800,100


GROSS APPROPRIATION $ 30,018,300

Appropriated from:

Federal revenues:

DOC, federal 51,700

DOE, federal 1,000

DOI, federal $ 8,441,200

EPA, federal 160,100

Special revenue funds:

Private funds 112,800

Clean Michigan initiative - clean water fund 2,000,000

Game and fish protection fund 18,353,100

Game and fish protection fund - fisheries settlement 898,400

State general fund/general purpose $ 0

Sec. 108. PARKS AND RECREATION

Full-time equated classified positions 794.9

Bay City State Park $ 100,000

Michigan civilian conservation corps--3.0 FTE positions 1,057,000

Petoskey breakwall 400,000

Recreational boating--163.5 FTE positions 14,038,100

State parks--628.4 FTE positions 45,663,600

State parks improvement revenue bonds - debt service 1,119,600


GROSS APPROPRIATION $ 62,378,300

Appropriated from:

Interdepartmental grant revenues:

Federal revenues:

EPA, federal 116,500

Special revenue funds:

Private funds 352,300

Harbor development fund 277,000

Michigan civilian conservation corps endowment fund 1,057,000

Michigan state parks endowment fund 11,695,000

Michigan state waterways fund 14,261,100

Off-road vehicle trail improvement fund 235,500

Park improvement fund 34,383,900

State general fund/general purpose $ 0

Sec. 109. FOREST, MINERAL, AND FIRE MANAGEMENT

Full-time equated classified positions 342.5

Adopt-a-forest program $ 25,000

Cooperative resource programs--10.5 FTE positions 2,647,600

Forest and timber treatments--121.0 FTE positions 16,116,500

Forest fire equipment 1,700,000

Forest fire protection--133.5 FTE positions 10,838,100

Forest management initiatives--9.2 FTE positions 902,700

Forest management planning--18.0 FTE positions 5,600,100

Forest recreation and trails--33.0 FTE positions 4,978,600

Minerals management--17.3 FTE positions 2,145,400


GROSS APPROPRIATION $ 44,954,000

Appropriated from:

Federal revenues:

DAG, federal 2,312,400

DOI, federal 2,000

EPA, federal 1,000

Special revenue funds:

Private funds 898,700

Aircraft fees 124,100

Air photo fees - geographic information system 26,300

Commercial forest fund 46,300

Forest development fund 28,806,900

Forestland user charges 293,100

Forest recreation fund 1,176,200

Game and fish protection fund $ 1,654,700

Michigan natural resources trust fund 1,112,600

Michigan state parks endowment fund 548,700

Michigan state waterways fund 374,000

Off-road vehicle trail improvement fund 399,600

Recreation improvement fund 313,000

Shop fees 65,900

Snowmobile trail improvement fund 2,147,600

State general fund/general purpose $ 4,650,900

Sec. 110. LAW ENFORCEMENT

Full-time equated classified positions 267.5

General law enforcement--257.5 FTE positions $ 29,909,300

Wildlife resource protection--10.0 FTE positions 1,644,700


GROSS APPROPRIATION $ 31,554,000

Appropriated from:

Federal revenues:

DHS-USCG, federal 4,273,300

DOC, federal 17,500

DOI, federal 1,239,600

Special revenue funds:

Forest recreation fund 57,500

Game and fish protection fund 18,213,200

Game and fish - wildlife resource protection fund 1,529,700

Marine safety fund 1,521,900

Off-road vehicle trail improvement fund 1,189,800

Park improvement fund 239,900

Safety education fund 58,500

Snowmobile registration fee revenue 980,900

State general fund/general purpose $ 2,232,200

Sec. 111. PAYMENTS IN LIEU OF TAXES

Swamp and tax reverted lands $ 7,071,500

Purchased lands 5,400,000

Special payments to counties 170,000

Commercial forest reserves 2,662,600


GROSS APPROPRIATION $ 15,304,100

Appropriated from:

Special revenue funds:

Game and fish protection fund 2,040,000

Michigan natural resources trust fund 520,000

Michigan state waterways fund 140,000

State general fund/general purpose $ 12,604,100

Sec. 112. GRANTS

Federal - clean vessel act grants $ 100,000

Federal - forest stewardship grants 625,000

Federal - land and water conservation fund payments 3,066,900

Federal - rural community fire protection 300,000

Federal - urban forestry grants 4,000,000

Grants to communities - federal oil, gas, and timber payments 3,450,000

National recreational trails 2,150,000

Accessibility grants 1,000,000

Game and nongame wildlife fund grants 10,000

Grant to counties - marine safety 4,275,000

Inland fisheries resources grants 200,000

Off-road vehicle safety training grants 150,000

Off-road vehicle trail improvement grants $ 2,357,400

Recreation improvement fund grants 1,100,000

Grant to Gladwin County - Chappel dam maintenance 300,000

Snowmobile law enforcement grants 1,142,000

Snowmobile local grants program 7,314,000


GROSS APPROPRIATION $ 31,540,300

Appropriated from:

Federal revenues:

DAG, federal 4,825,000

DAG, timber revenue 3,300,000

DHS-USCG, federal 1,470,000

DOI, federal 3,166,900

DOI, oil and gas royalty revenue 150,000

DOT, federal 2,100,000

Special revenue funds:

Private funds 1,150,000

Game and fish protection fund 500,000

Marine safety fund 2,805,000

Nongame wildlife fund 10,000

Off-road vehicle trail improvement fund 2,357,400

Recreation improvement fund 1,100,000

Safety education fund 150,000

Snowmobile registration fee revenue 1,142,000

Snowmobile trail improvement fund 7,314,000

State general fund/general purpose $ 0

Sec. 113. INFORMATION TECHNOLOGY

Information technology services and projects $ 9,002,900


GROSS APPROPRIATION $ 9,002,900

Appropriated from:

Interdepartmental grant revenues:

IDG, MacMullan conference center revenue 34,400

Special revenue funds:

Air photo fees - geographic information system 3,400

Commercial forest fund 1,500

Forest development fund 1,445,600

Forestland user charges 12,800

Forest recreation fund 66,000

Game and fish protection fund 2,773,100

Game and fish protection fund - deer habitat reserve 95,300

Game and fish protection fund - fisheries settlement 27,900

Game and fish protection fund - turkey permit fees 62,300

Game and fish - wildlife resource protection fund 55,300

Harbor development fund 5,500

Land exchange facilitation fund 87,500

Marine safety fund 85,400

Michigan civilian conservation corps endowment fund 28,600

Michigan natural resources trust fund 571,200

Michigan state parks endowment fund 41,300

Michigan state waterways fund 687,100

Nongame wildlife fund 29,400

Park improvement fund 1,698,800

Recreation improvement fund 16,700

Snowmobile registration fee revenue 31,200

Snowmobile trail improvement fund 93,000

State general fund/general purpose $ 1,049,600

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS


Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2006-2007 is $241,157,900.00 and state spending from state resources to be paid to local units of government for fiscal year 2006-2007 is $29,482,500.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF NATURAL RESOURCES

PAYMENTS IN LIEU OF TAXES

Commercial forest reserves $ 2,662,600

Purchased lands 5,400,000

Special payments to counties 170,000

Swamp and tax reverted lands 7,071,500

GRANTS

Grants to counties - marine safety $ 2,805,000

Grant to Gladwin County - Chappel dam maintenance 300,000

Off-road vehicle safety training grants 150,000

Off-road vehicle trail improvement grants 2,357,400

Recreation improvement fund grants 110,000

Snowmobile law enforcement grants 1,142,000

Snowmobile local grants program 7,314,000


TOTAL $ 29,482,500

Sec. 202. The appropriations authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. As used in this act:

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

(b) "DAG" means the United States department of agriculture.

(c) "Department" means the department of natural resources.

(d) "DHS" means the United States department of homeland security.

(e) "DOC" means the United States department of commerce.

(f) "DOE" means the United States department of energy.

(g) "DOI" means the United States department of interior.

(h) "DOT" means the United States department of transportation.

(i) "EPA" means the United States environmental protection agency.

(j) "FTE" means full-time equated.

(k) "IDG" means interdepartmental grant.

(l) "USCG" means the United States coast guard.

Sec. 204. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% charge authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.

Sec. 205. (1) A hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from 1 position to another within a department.

(2) The state budget director shall grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services, cause loss of revenue to the state, result in the inability of the state to receive federal funds, or necessitate additional expenditures that exceed any savings from maintaining a vacancy. The state budget director shall report quarterly to the chairpersons of the senate and house of representatives standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous quarter and the reasons to justify the exceptions.

Sec. 206. The department shall use the Internet to fulfill the reporting requirements of this act. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on an Internet or Intranet site.

Sec. 207. Within 14 days after the release of the executive budget recommendation, the department shall provide the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies with an annual report on estimated restricted fund balances, projected revenues, and expenditures for the fiscal years ending September 30, 2006 and September 30, 2007.

Sec. 208. (1) From the funds appropriated under part 1, the department shall prepare a report that lists all of the following regarding grant, loan, or grant and loan programs administered by the department for the fiscal year ending on September 30, 2007:

(a) The name of each program.

(b) The goals, criteria, filing fees, nominating procedures, eligibility requirements, processes, and deadlines for each program.

(c) The maximum and minimum grant and loan available and whether there is a match requirement for each program.

(d) The amount of any required match, and whether in-kind contributions may be used as part or all of a required match.

(e) Information pertaining to the application process, timeline for each program, and the contact people within the department.

(f) The source of funds for each program, including the citation of pertinent authorizing acts.

(g) Information regarding plans for the next fiscal year for the phaseout, expansion, or changes for each program.

(h) A listing of all recipients of grants or loans awarded by the department by type and amount of grant or loan during the fiscal year ending September 30, 2006.

(2) The reports required under this section shall be submitted to the state budget director, the senate and house appropriations committees, and the senate and house fiscal agencies by January 1, 2007.

Sec. 209. Appropriations of state-restricted game and fish protection funds have been made to the following departments and agencies in their respective appropriation acts. The amounts appropriated to these departments and agencies are listed below:

Department of civil service $ 409,100

History, arts, and libraries 2,400

Legislative auditor general 21,400

Attorney general 740,800

Department of management and budget 259,100

Department of treasury 11,700

Sec. 210. Before January 31, 2007, the department, in cooperation with the Michigan state waterways commission, shall provide to the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies a list of projects completed by the commission in fiscal year 2005-2006, including the county and municipality in which each project is located.

Sec. 211. Pursuant to section 43703(3) of the natural resources and environmental protection act, 1994 PA 451, MCL324.43703, there is appropriated from the game and fish protection trust fund to the game and fish protection fund, $6,000,000.00 for the fiscal year ending September 30, 2007.

Sec. 212. From the funds appropriated in part 1 for information technology, departments and agencies shall pay user fees to the department of information technology for technology-related services and projects. Such user fees shall be subject to provisions of an interagency agreement between the department and the department of information technology.

Sec. 213. Amounts appropriated in part 1 for information technology may be designated as work projects and carried forward to support technology projects under the direction of the department of information technology. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.

Sec. 214. (1) Due to the current budgetary problems in this state, out-of-state travel for the fiscal year ending September 30, 2007 shall be limited to situations in which 1 or more of the following conditions apply:

(a) The travel is required by legal mandate or court order or for law enforcement purposes.

(b) The travel is necessary to protect the health or safety of Michigan citizens or visitors or to assist other states in similar circumstances.

(c) The travel is necessary to produce budgetary savings or to increase state revenues, including protecting existing federal funds or securing additional federal funds.

(d) The travel is necessary to comply with federal requirements.

(e) The travel is necessary to secure specialized training for staff that is not available within this state.

(f) The travel is financed entirely by federal or nonstate funds.

(2) If out-of-state travel is necessary but does not meet 1 or more of the conditions in subsection (1), the state budget director may grant an exception to allow the travel. Any exceptions granted by the state budget director shall be reported on a monthly basis to the house and senate appropriations committees.

(3) Not later than January 1 of each year, each department shall prepare a travel report listing all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the chairs and members of the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:

(a) The name of each person receiving reimbursement for travel outside this state or whose travel costs were paid by this state.

(b) The destination of each travel occurrence.

(c) The dates of each travel occurrence.

(d) A brief statement of the reason for each travel occurrence.

(e) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state-restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.

(f) A total of all out-of-state travel funded for the immediately preceding fiscal year.

Sec. 215. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and comparable quality American goods or services, or both, are available. Preference should be given to goods or services, or both, manufactured or provided by Michigan businesses if they are competitively priced and of comparable quality.

Sec. 216. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff.

Sec. 218. (1) From the funds appropriated in part 1, the department is prohibited from transporting employees of institutions of higher education on state-owned aircraft, unless the transport is consistent with the mission of the department.

(2) From the funds appropriated in part 1, the department is prohibited from transporting legislators or legislative staff on state-owned aircraft without prior approval from the senate majority leader or the speaker of the house of representatives, or both.

(3) From the funds appropriated in part 1, the department is prohibited from transporting local government employees on state-owned aircraft.

(4) It is the intent of the legislature that state elected officials use commercial or other private air service, unless air travel on state-owned aircraft is part of official state business.

(5) This section does not apply to transportation that is related to law enforcement or homeland security activities.

Sec. 219. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities and Baldwin in Lake County compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.

Sec. 220. The department shall develop a plan for allocating restricted funds among department administrative support and regulatory activities. This plan shall be submitted to the house and senate appropriations subcommittees on natural resources by January 30, 2007. This plan shall include a cost allocation plan for financial services support, office space rent and building occupancy charges, and support division service for information systems and technology and a methodology to use information generated through activity reports that identifies the percentage of employee time spent on restricted fund activities.

EXECUTIVE


Sec. 301. The amount appropriated in part 1 for Project F.I.S.H. is a grant to that organization. The department shall collaborate with Project F.I.S.H. to increase the number of anglers in Michigan through the continuation and expansion of Project F.I.S.H. By January 31, 2007, the department shall provide to the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies a cost-benefit analysis of the effectiveness of these efforts.

ADMINISTRATIVE SERVICES


Sec. 401. The department may charge the appropriations contained in part 1, including all special maintenance and capital projects appropriated for the fiscal year ending September 30, 2007, for engineering services provided, a standard percentage fee to recover actual costs. The department may use the revenue derived to support the engineering services charges provided for in part 1.

Sec. 402. The department may charge land acquisition projects appropriated for the fiscal year ending September30, 2007, and for prior fiscal years, a standard percentage fee to recover actual costs, and may use the revenue derived to support the land acquisition service charges provided for in part 1.

Sec. 403. The department may charge both application fees and transaction fees related to the exchange or sale of state-owned land or rights in land authorized by part 21 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2101 to 324.2162. The fees shall be set by the director at a rate which allows the department to recover its costs for providing these services.

Sec. 404. The department shall prominently display in a prominent place in the fishing guide provided to each licensed fisher and paid for from the funds appropriated in part 1, the website address for the department of community health. In addition, the fishing guide shall include information on alternative sources where interested parties without Internet access may find information on fish advisories issued by the department of community health.

Sec. 405. Within 21 days after the end of each fiscal quarter, the department shall submit to the senate and house appropriations subcommittees on natural resources a report on all land transactions completed by the department in the previous fiscal quarter. For each land transaction, the report shall include, but not be limited to, the size of the parcel, the county and municipality in which the parcel is located, the dollar amount of the transaction, the fund source affected by the transaction, and the type of transaction, such as purchase, public auction, transfer, exchange, or conveyance.

WILDLIFE MANAGEMENT


Sec. 501. Of the funds appropriated in part 1, the department shall reimburse the department of agriculture for costs incurred for indemnification payments for livestock losses caused by wolves, coyotes, or cougars under the animal industry act, 1988 PA 466, MCL 287.701 to 287.745.

Sec. 502. (1) The appropriation in part 1 for cormorant control shall be used to enter into a partnership agreement with the United States department of agriculture - wildlife services agency to provide for additional control activities in areas of the state most affected by the double-crested cormorant, and such agreement shall contain conditions requiring the United States department of agriculture to document that the state appropriation was used to control double-crested cormorants within Michigan boundary waters in sufficient detail to allow verification by the legislative auditor general.

(2) The funds shall only be expended if the federal government has provided funding for cormorant control in an amount equal to or greater than the amount appropriated in part 1. The department shall submit a report not later than September 30, 2007 on how these funds were used, the efforts taken to improve the state and federal relationship, and, to the extent practical, any impacts made on cormorant control in Michigan to the chairs of the house and senate appropriations subcommittees on natural resources and the house and senate fiscal agencies.

Sec. 503. From the funds appropriated in part 1 for wildlife management, the department shall spend up to $20,000.00 to study the bobcat population in Michigan and, in coordination with the natural resources commission, develop appropriate, science-based hunting quotas in both the upper and lower peninsulas. By September 30, 2007, the department shall report to the senate and house appropriations subcommittees on natural resources, the senate and house fiscal agencies, and the state budget director on the results of the study.

FISHERIES MANAGEMENT


Sec. 601. As a condition of expenditure of fisheries management appropriations under part 1, the department shall not impede the certification process for water control structures on Michigan waterways. The department shall fund from funds appropriated in part 1 all non-water-quality studies or requirements that the department requests of either of the following:

(a) The department of environmental quality as a condition for issuance of a certification under the federal water pollution control act, 33 USC 1341.

(b) The federal energy regulatory commission as a condition of licensing under the federal power act, 16 USC 791a to 825r.

Sec. 602. (1) From the appropriation in part 1 for aquatic resource mitigation, not more than $758,000.00 shall be allocated for grants to watershed councils, resource development councils, soil conservation districts, local governmental units, and other nonprofit organizations for stream habitat stabilization and soil erosion control.

(2) The fisheries division of the department shall develop priority and cost estimates for all recommended projects.

Sec. 603. (1) From the funds appropriated in part 1 for fisheries resources management, $2,000,000.00 is provided for preparation activities for removal, including engineering projects, and the removal of publicly or privately owned dams at Otsego, Plainwell, and Trowbridge on the Kalamazoo River. Any unused funds from the appropriation provided in part 1 shall lapse to the clean Michigan initiative - clean water fund.

(2) The appropriation in part 1 shall not preclude the department from pursuing cost recovery for dam removal costs from responsible parties. The department shall pursue aggressive action with regard to the responsible parties and pursue additional funding sources for corrective action at these sites. If the department recovers funds from responsible parties at these locations, the department shall restore funding to the clean Michigan initiative - clean water fund.

PARKS AND RECREATION


Sec. 701. Pursuant to section 1902(2) of the natural resources and environmental protection act, 1994 PA 451, MCL324.1902, there is appropriated from the Michigan natural resources trust fund to the Michigan state parks endowment fund an amount not to exceed $10,000,000.00 for the fiscal year ending September 30, 2007.

Sec. 702. (1) The department shall prepare detailed reports for construction projects in state parks that will involve campsite or campground closures. These reports shall include expected costs, impacts on recreation opportunities, impacts on state park revenues, and the expected impact on state park users. The department shall also prepare reports on average monthly campground occupancy rates for every state park during the previous summer season. The department shall provide reports described in this subsection to the house and senate appropriations subcommittees on natural resources and the house and senate fiscal agencies not later than April 1, 2007.

(2) The department shall notify the house and senate appropriations subcommittees on natural resources and the house and senate fiscal agencies if it intends to reduce operations or reduce recreation opportunities at any state park or recreation area.

Sec. 703. From the funds appropriated in part 1, the department shall maintain an appropriate number of defibrillators in state parks. State parks shall accept donations of defibrillators.

Sec. 704. By September 30, 2007, the department shall report to the senate and house appropriations subcommittees on natural resources and the senate and house fiscal agencies any misuse of complimentary or discounted day passes at state recreational facilities during the 2006-2007 fiscal year.

Sec. 705. The department shall not alter or halt operations of the ski hill or demolish buildings related to the ski hill, the assistant manager residence, the 3-unit apartment building, or the carpenter's shop and garage in Porcupine Mountains wilderness state park. The department shall collaborate with travel Michigan for the marketing and promotion of the ski hill.

Sec. 706. Regardless of the results of the pending shooting range litigation, from the funds appropriated in part 1, the department shall retain the services of a licensed engineer specializing in acoustics to further study and design range modifications to mitigate sound from the shooting range at the Island Lake recreation area.

Sec. 707. From the funds appropriated in part 1, the department shall work with the Michigan state waterways commission to develop both a short-term and a long-term plan to improve public boating access throughout the state. By July 1, 2007, the department shall submit the plans to the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies.

Sec. 708. The appropriation in part 1 for Bay City state park shall be used to provide floating docks for recreation purposes and for barrier-free access.

Sec. 709. Subject to the provisions of this section, the funds appropriated in part 1 for the Petoskey breakwall shall be expended to repair the breakwall under the jurisdiction of the United States army corps of engineers. This funding shall not be expended unless the department has entered into an agreement with the United States army corps of engineers or other appropriate federal agency in which the United States army corps of engineers or other appropriate federal agency agreed to repay the Michigan state waterways fund for its expenditures for this project.

FOREST, MINERAL, AND FIRE MANAGEMENT


Sec. 801. In addition to the funds appropriated in part 1, $350,000.00 is appropriated to cover costs related to any declared emergency involving the collapse of any abandoned mine shaft located on state land. This appropriation shall not be expended unless the state budget director recommends the expenditure and the department notifies the house and senate committees on appropriations.

Sec. 802. As a condition of expenditure of appropriations in part 1 from forest development funds, on October 15, 2006 the department shall provide $1,000,000.00 from cooperative resources programs as an interdepartmental grant to the department of agriculture for the cooperative resources management initiative program for the purposes of supporting forestry programs in local conservation districts.

Sec. 803. From the funds appropriated in part 1, the department shall develop a motorized snowmobile trail connecting Gaylord and Cheboygan.

Sec. 804. By February 1, 2007, the department shall report to the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies on the planned use, expenditure, and action taken by the Michigan forest finance authority regarding the grant from the Michigan strategic fund of $26,000,000.00 appropriated from the 21st century jobs trust fund under section 88j of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088j.

Sec. 805. The department shall spend amounts appropriated in part 1 for forest-related activities to employ or contract for additional foresters to mark timber, pursuant to section 806.

Sec. 806. Of the funds appropriated in part 1, the department shall, subject to the forest certification process, prescribe appropriate treatment on not less than 63,000 acres at the current average rate of 12.5 to 13 cords per acre, and put those cords up for sale in 2007, provided that the department shall take into consideration the impact of timber harvesting on wildlife habitat and recreation uses. The department shall, subject to the forest certification process, increase marking or treatment of hardwood timber for sale and harvest by 10% over 2006 levels. In addition, the department shall take into consideration silvicultural analysis and report annually to the legislature on plans and efforts to address factors limiting management of timber. The department shall provide quarterly reports on the number of acres treated, pursuant to this section, to the senate and house appropriations subcommittees on natural resources and the standing committees of the senate and house of representatives with primary responsibility for natural resources issues.

Sec. 807. From the funds appropriated in part 1, the department shall allow for a designated snowmobile route connecting the Village of Bellaire to the Jordan River Trail across state-owned land with associated reasonable restrictions that mitigate negative impacts on the natural resources.

LAW ENFORCEMENT


Sec. 901. The appropriation in part 1 for snowmobile law enforcement grants shall be used to provide grants to county law enforcement agencies to enforce part 821 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82101 to 324.82160, including rules promulgated under that part and ordinances enacted pursuant to that part. The department shall consider the number of enforcement hours and the number of miles of snowmobile trails in each county in allocating these grants. Any funds not distributed to counties revert back to the snowmobile registration fee fund created under section 82111 of the natural resources and environmental protection act, 1994 PA451, MCL 324.82111. Counties shall provide semiannual reports to the department.

PAYMENTS IN LIEU OF TAXES


Sec. 1001. From the funds appropriated in part 1 for special payment to counties, $170,000.00 shall be used to replace a loss of revenue to a county with a fiscal year ending September 30, 2007, caused by a single annual statement and billing for payments in lieu of taxes authorized under sections 2153 and 2154 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2153 and 324.2154, and as a result of revenue due for set-aside to the revenue-sharing reserve fund generated by county allocated millage as authorized under section 44a of the general property tax act, 1893 PA 206, MCL 211.44a.

GRANTS


Sec. 1101. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 for grants to communities - federal oil, gas, and timber payments and that do not require additional state matching funds are appropriated for the purposes intended. By November 30, 2006, the department shall report to the senate and house appropriations subcommittees on natural resources, the senate and house fiscal agencies, and the state budget director on all amounts appropriated under this section during the fiscal year ending September 30, 2006.

Sec. 1102. The use of federal funding received by the state from the land and water conservation fund and appropriated in part 1 shall be coordinated with state grants to local units of government from the Michigan natural resources trust fund. The coordination of the 2 funding sources shall be conducted in a manner that minimizes the total matching funds required from local units of government for local land acquisition or recreational development projects.

Sec. 1103. Subject to part 811 of the natural resources and environmental protection act, 1994 PA 451, MCL324.81101 to 324.81150, from the funds appropriated in part 1 for off-road vehicle trail improvement grants, not less than $980,000.00 shall be spent on the development of new trails in accordance with the off-road vehicle trail expansion plan submitted to the legislature pursuant to section 807 of article 14 of 2005 PA 154.

Sec. 1104. The appropriation in part 1 for federal - land and water conservation fund payments includes $500,000.00 for the Cascades Park in Jackson County.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor