Act No. 122
Public Acts of 2007
Approved by the Governor*
October 31, 2007
Filed with the Secretary of State
October 31, 2007
EFFECTIVE DATE: October 31, 2007
*Item Vetoes
Sec. 802.
Entire Section. (Page 13)
STATE OF MICHIGAN
94TH LEGISLATURE
REGULAR SESSION OF 2007
Introduced by Rep. Lahti
ENROLLED HOUSE BILL No. 4354
AN ACT to make appropriations for the department of natural resources for the fiscal year ending September 30, 2008; 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, 2008, 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 2,082.9
GROSS APPROPRIATION $ 289,195,400
Interdepartmental grant revenues:
IDG, engineering services to work orders 1,972,100
IDG, MacMullan conference center revenue 1,419,200
IDG, land acquisition services to work orders 417,000
Total interdepartmental grants and intradepartmental transfers 3,808,300
ADJUSTED GROSS APPROPRIATION $ 285,387,100
Federal revenues:
DAG, federal 14,344,000
DOC, federal 71,400
DOE, federal 1,000
DOI, federal 25,260,100
DHS, USCG 5,905,600
DOT, federal 2,100,000
EPA, federal 286,800
Total federal revenues 47,968,900
Special revenue funds:
Private funds $ 3,166,500
Total private revenues 3,166,500
Air photo fees - geographic information system 26,300
Aircraft fees 257,300
Cervidae licensing and inspection fees 165,000
Clean Michigan initiative fund 57,600
Commercial forest fund 48,500
Forest recreation fund 1,459,000
Forest development fund 27,316,800
Forestland user charges 563,400
Game and fish protection fund 66,797,600
Game and fish protection fund - fisheries settlement 905,500
Game and fish protection fund - deer habitat reserve 3,039,900
Game and fish protection fund - turkey permit fees 1,837,700
Game and fish protection fund - waterfowl fees 108,900
Game and fish - wildlife resource protection fund 1,653,600
Game and fish protection fund - youth hunting and fishing education and outreach 28,400
Harbor development fund 299,400
Land exchange facilitation fund 6,166,400
Marine safety fund 4,771,700
Michigan civilian conservation corps endowment fund 525,000
Michigan state parks endowment fund 13,816,600
Michigan state waterways fund 16,504,100
Michigan natural resources trust fund 3,065,200
Nongame wildlife fund 704,800
Off-road vehicle trail improvement fund 4,701,600
Park improvement fund 41,367,500
Publication revenue 500
Recreation improvement fund 1,476,500
Safety education fund 217,300
Shop fees 65,900
Snowmobile registration fee revenue 2,273,400
Snowmobile trail improvement fund 10,030,100
Sportsmen against hunger fund 257,000
Total other state restricted revenues 210,508,500
State general fund/general purpose $ 23,743,200
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 416,500
Communications--33.6 FTE positions 3,378,200
Executive direction--12.0 FTE positions 2,099,500
GROSS APPROPRIATION $ 5,985,500
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue 6,100
Special revenue funds:
Aircraft fees 500
Forest development fund 301,100
Forestland user charges 6,500
Forest recreation fund 28,000
Game and fish protection fund 2,040,500
Game and fish protection fund - deer habitat reserve 38,000
Game and fish protection fund - turkey permit fees 16,200
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 28,400
Harbor development fund 600
Land exchange facilitation fund 65,100
Marine safety fund 29,900
Michigan natural resources trust fund 33,000
Michigan state parks endowment fund 134,100
Michigan state waterways fund 288,100
Nongame wildlife fund 11,300
Off-road vehicle trail improvement fund 24,200
Park improvement fund 2,214,900
Publications revenue 500
Recreation improvement fund 13,300
Snowmobile registration fee revenue 4,400
Snowmobile trail improvement fund 47,400
State general fund/general purpose $ 636,900
Sec. 103. ADMINISTRATIVE SERVICES
Full-time equated classified positions 80.0
Budget and support services--10.0 FTE positions $ 1,034,600
Financial services--27.0 FTE positions 2,560,900
Grants administration--15.0 FTE positions 1,356,000
Human resources--20.0 FTE positions 2,137,700
Human resources optimization user charges 163,000
Internal audit--8.0 FTE positions 867,000
GROSS APPROPRIATION $ 8,119,200
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DOI, federal 315,600
Special revenue funds:
Clean Michigan initiative fund 57,600
Commercial forest fund 1,000
Forest development fund 1,113,700
Forestland user charges 1,000
Forest recreation fund 77,100
Game and fish protection fund 1,666,000
Game and fish protection fund - deer habitat reserve 66,400
Game and fish protection fund - turkey permit fees 33,700
Game and fish protection fund - waterfowl fees 4,600
Game and fish - wildlife resource protection fund 35,000
Harbor development fund 7,200
Land exchange facilitation fund 77,500
Marine safety fund 173,300
Michigan natural resources trust fund 754,100
Michigan state parks endowment fund 360,400
Michigan state waterways fund 482,800
Nongame wildlife fund 23,900
Off-road vehicle trail improvement fund 70,600
Park improvement fund 1,375,900
Recreation improvement fund 21,000
Safety education fund 6,600
Snowmobile registration fee revenue 79,000
Snowmobile trail improvement fund 246,800
State general fund/general purpose $ 1,068,400
Sec. 104. LAND AND FACILITIES
Full-time equated classified positions 134.2
Land and facilities--134.2 FTE positions $ 20,310,600
GROSS APPROPRIATION $ 20,310,600
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue $ 1,413,100
IDG, engineering services to work orders 1,972,100
IDG, land acquisition services to work orders 417,000
Special revenue funds:
Forest development fund 1,903,300
Forestland user charges 13,600
Forest recreation fund 11,000
Game and fish protection fund 6,912,600
Game and fish protection fund - deer habitat reserve 117,900
Game and fish protection fund - turkey permit fees 37,600
Game and fish - wildlife resource protection fund 10,400
Land exchange facilitation fund 5,907,900
Marine safety fund 75,700
Michigan natural resources trust fund 5,900
Michigan state parks endowment fund 132,600
Michigan state waterways fund 266,100
Park improvement fund 504,200
Off-road vehicle trail improvement fund 24,100
Snowmobile trail improvement fund 123,800
State general fund/general purpose $ 461,700
Sec. 105. DEPARTMENTAL OPERATION SUPPORT
Building occupancy charges $ 2,135,700
Rent - privately owned property 565,000
Gifts and bequests 500,000
GROSS APPROPRIATION $ 3,200,700
Appropriated from:
Special revenue funds:
Private funds 500,000
Forest development fund 651,100
Forest recreation fund 20,900
Game and fish protection fund 952,400
Game and fish protection fund - deer habitat reserve 21,300
Game and fish protection fund - turkey permit fees 20,400
Game and fish - wildlife resource protection fund 7,600
Land exchange facilitation fund 13,200
Marine safety fund 34,900
Michigan state parks endowment fund 245,400
Michigan state waterways fund 151,600
Michigan natural resources trust fund 43,000
Snowmobile trail improvement fund 22,300
Park improvement fund 341,600
State general fund/general purpose $ 175,000
Sec. 106. WILDLIFE MANAGEMENT
Full-time equated classified positions 195.7
Wildlife management--186.7 FTE positions $ 27,630,000
Natural resources heritage--9.0 FTE positions 1,324,700
State game and wildlife area maintenance 500,000
GROSS APPROPRIATION $ 29,454,700
Appropriated from:
Federal revenues:
DAG, federal 206,000
DOI, federal 10,957,100
EPA, federal 1,000
Special revenue funds:
Private funds $ 114,400
Cervidae licensing and inspection fees 101,300
Forest development fund 63,300
Game and fish protection fund 10,653,600
Game and fish protection fund - deer habitat reserve 2,723,300
Game and fish protection fund - turkey permit fees 1,665,500
Game and fish protection fund - waterfowl fees 103,400
Nongame wildlife fund 633,800
Sportsmen against hunger fund 257,000
State general fund/general purpose $ 1,975,000
Sec. 107. FISHERIES MANAGEMENT
Full-time equated classified positions 225.0
Aquatic resource mitigation--3.0 FTE positions $ 906,500
Fisheries resource management--160.0 FTE positions 20,094,000
Fish production--62.0 FTE positions 8,664,400
GROSS APPROPRIATION $ 29,664,900
Appropriated from:
Federal revenues:
DAG, federal 134,200
DOE, federal 1,000
DOC, federal 53,300
DOI, federal 9,392,600
EPA, federal 165,000
Special revenue funds:
Private funds 116,300
Game and fish protection fund - fisheries settlement 905,500
Game and fish protection fund 18,897,000
State general fund/general purpose $ 0
Sec. 108. PARKS AND RECREATION
Full-time equated classified positions 794.9
State parks--628.4 FTE positions $ 46,981,200
State park improvement revenue bonds - debt service 1,127,800
Recreational boating--163.5 FTE positions 14,448,500
Michigan civilian conservation corps--3.0 FTE positions 500,000
GROSS APPROPRIATION $ 63,057,500
Appropriated from:
Federal revenues:
EPA, federal 119,800
Special revenue funds:
Private funds 362,500
Harbor development fund 285,000
Michigan civilian conservation corps endowment fund 500,000
Michigan state parks endowment fund 12,032,500
Michigan state waterways fund 14,163,500
Off-road vehicle trail improvement fund 242,200
Park improvement fund 35,352,000
State general fund/general purpose $ 0
Sec. 109. FOREST, MINERAL, AND FIRE MANAGEMENT
Full-time equated classified positions 340.0
Forest and timber treatments--120.0 FTE positions $ 14,165,200
Forest management planning--18.0 FTE positions 3,996,600
Adopt-a-forest program 25,000
Wildfire protection--130.0 FTE positions 10,503,900
Forest recreation and trails--35.0 FTE positions 4,946,200
Minerals management--17.3 FTE positions $ 2,515,700
Cooperative resource programs--10.5 FTE positions 2,521,500
Forest management initiative--9.2 FTE positions 862,900
Forest fire equipment 100,000
GROSS APPROPRIATION $ 39,637,000
Appropriated from:
Federal revenues:
DAG, federal 2,378,800
DOI, federal 2,000
EPA, federal 1,000
Special revenue funds:
Private funds 923,300
Aircraft fees 256,800
Air photo fees - geographic information system 26,300
Commercial forest fund 47,500
Forest recreation fund 1,211,500
Forest development fund 21,829,000
Forestland user charges 526,200
Game and fish protection fund 1,702,200
Michigan state waterways fund 385,100
Michigan natural resources trust fund 1,243,100
Michigan state parks endowment fund 563,800
Off-road vehicle trail improvement fund 661,500
Recreation improvement fund 322,400
Shop fees 65,900
Snowmobile trail improvement fund 2,212,700
State general fund/general purpose $ 5,277,900
Sec. 110. LAW ENFORCEMENT
Full-time equated classified positions 267.5
General law enforcement--267.5 FTE positions $ 32,042,600
GROSS APPROPRIATION $ 32,042,600
Appropriated from:
Federal revenues:
DOC, federal 18,100
DOI, federal 1,475,900
DHS, USCG 4,435,600
Special revenue funds:
Cervidae licensing and inspection fees 63,700
Forest recreation fund 59,700
Game and fish - wildlife resource protection fund 1,529,700
Game and fish protection fund 18,963,200
Marine safety fund 1,579,800
Off-road vehicle trail improvement fund 1,225,000
Safety education fund 60,700
Park improvement fund 59,700
Snowmobile registration fee revenue 1,018,300
State general fund/general purpose $ 1,553,200
Sec. 111. PAYMENTS IN LIEU OF TAXES
Swamp and tax reverted lands $ 7,071,500
Purchased lands 4,450,000
Commercial forest reserve 2,662,600
GROSS APPROPRIATION $ 14,184,100
Appropriated from:
Special revenue funds:
Game and fish protection fund 1,715,000
Michigan natural resources trust fund 500,000
Michigan state waterways fund $ 135,000
State general fund/general purpose $ 11,834,100
Sec. 112. GRANTS
Grant to counties -- marine safety $ 4,275,000
Accessibility grants 1,000,000
Federal - land and water conservation fund payments 2,566,900
Federal - forest stewardship grants 4,125,000
Federal - urban forestry grants 4,000,000
Federal - rural community fire protection 300,000
Federal - clean vessel act grants 400,000
Grants to communities - federal oil, gas, and timber payments 3,450,000
Recreation improvement fund grants 1,100,000
Snowmobile local grants program 7,314,000
Snowmobile law enforcement grants 1,142,000
Off-road vehicle safety training grants 150,000
Off-road vehicle trail improvement grants 2,454,000
National recreational trails 2,150,000
Game and nongame wildlife fund grants 10,000
Inland fisheries resources grants 200,000
GROSS APPROPRIATION $ 34,636,900
Appropriated from:
Federal revenues:
DAG, federal 11,625,000
DHS, USCG 1,470,000
DOI, federal 3,116,900
DOT, federal 2,100,000
Special revenue funds:
Private funds 1,150,000
Game and fish protection fund 200,000
Marine safety fund 2,805,000
Nongame wildlife fund 10,000
Off-road vehicle trail improvement fund 2,454,000
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 $ 8,901,700
GROSS APPROPRIATION $ 8,901,700
Appropriated from:
Interdepartmental grant revenues:
Special revenue funds:
Forest development fund 1,455,300
Forestland user charges 16,100
Forest recreation fund 50,800
Game and fish protection fund 3,095,100
Game and fish protection fund - deer habitat reserve 73,000
Game and fish protection fund - turkey permit fees 64,300
Game and fish - wildlife resource protection fund 55,300
Harbor development fund 6,600
Land exchange facilitation fund 102,700
Marine safety fund 73,100
Michigan civilian conservation corps endowment fund 25,000
Michigan natural resources trust fund 486,100
Michigan state parks endowment fund 347,800
Michigan state waterways fund $ 631,900
Nongame wildlife fund 25,800
Park improvement fund 1,519,200
Recreation improvement fund 19,800
Snowmobile registration fee revenue 29,700
Snowmobile trail improvement fund 63,100
State general fund/general purpose $ 761,000
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 2007-2008 is $234,251,700.00 and state spending from state resources to be paid to local units of government for fiscal year 2007-2008 is $19,241,100.00. 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 4,450,000
Swamp and tax reverted lands 7,071,500
GRANTS
Grants to counties - marine safety $ 2,805,000
Off-road vehicle safety training grants 150,000
Off-road vehicle trail improvement grants 450,000
Recreation improvement fund grants 110,000
Snowmobile law enforcement grants 1,142,000
Snowmobile local grants program 400,000
TOTAL $ 19,241,100
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.
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 may 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 requirement can be met if reports are transmitted 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, 2007 and September 30, 2008.
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, 2008:
(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, 2007.
(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, 2008.
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 3,700
Legislative auditor general 21,400
Attorney general 767,800
Department of management and budget 278,600
Department of treasury 11,700
Sec. 210. Before January 31, 2008, 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 2006-2007, 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 account of the Michigan conservation and recreation legacy fund, $6,000,000.00 for the fiscal year ending September 30, 2008.
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, 2008 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. In addition, preference should be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 216. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities and 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. 217. The department shall not take disciplinary action against an employee for communicating truthfully and factually with a member of the legislature or his or her staff.
Sec. 218. (1) The department shall report no later than April 1, 2008 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the house and senate appropriations subcommittees on the budget for the department, the joint committee on administrative rules, and the senate and house fiscal agencies.
(2) Funds appropriated in part 1 shall not be used by the department to adopt a rule that will apply to a small business and that will have a disproportionate economic impact on small businesses because of the size of those businesses if the department fails to reduce the disproportionate economic impact of the rule on small businesses as provided under section 40 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(3) As used in this section:
(a) "Rule" means that term as defined under section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section 7a of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207a.
Sec. 219. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those activities that the attorney general authorizes.
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, 2008. 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.
Sec. 222. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 223. (1) The department and the legislature shall create a workgroup to develop recommendations for long-term funding for the department. The recommendations shall be submitted to the senate and house appropriations committees by September 30, 2008.
(2) The workgroup shall consist of 7 members, appointed as follows:
(a) Two members of the senate appointed by the senate majority leader, 1 of whom shall be the chair of the appropriations subcommittee on natural resources.
(b) Two members of the house appointed by the speaker of the house, 1 of whom shall be the chair of the appropriations subcommittee on natural resources.
(c) The director of the department.
(d) Two members appointed by the governor, 1 of whom shall be a member of the natural resources commission and 1 of whom shall be a member of the citizens committee for Michigan state parks.
(3) The chairs of the appropriations subcommittees shall serve as co-chairs of the workgroup.
Sec. 224. It is the intent of the legislature that revenue shortfalls in state restricted funds appropriated in part 1 shall be addressed by January 15, 2008.
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, 2008, 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, 2008, 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 the fiscal year ending September 30, 2008, the department shall submit to the senate and house appropriations subcommittees on natural resources a report on all land transactions approved by the commission in the previous fiscal year. For each land transaction, the report shall include 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 whether the transaction is by purchase, public auction, transfer, exchange, or conveyance.
WILDLIFE MANAGEMENT
Sec. 501. It is the intent of the legislature that, from 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. From the funds appropriated in part 1, the department shall submit quarterly reports to the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies that provide detail about enforcement actions taken to eradicate bovine TB, the number of infected deer found, new science it is working on to detect bovine TB, and other relevant information about the department's efforts to address the presence of bovine TB in the state.
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. From the funds appropriated in part 1 for fish production and fisheries resource management, the department shall continue to operate the 6 hatcheries that were operational on September 30, 2007.
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, 2008.
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, 2008.
(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, 2008, 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 2007-2008 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. The department shall work with the natural resources commission to create a plan for generating annual corporate sponsorship revenue for state parks operations. The department shall inventory all state park assets and determine a plan for attracting sponsorships of those assets in a tasteful and appropriate manner without detracting from the image of the park itself. The plan shall be submitted to the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies by January 31, 2008.
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 state general fund/general purpose, on November 15, 2007 the department shall provide at least $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. 804. It is the intent of the legislature to restore the $20,000,000.00 by which the grant from the 21st century jobs trust fund to the Michigan forest finance authority under section 88j of the Michigan strategic fund act, 1984 PA270, MCL 125.2088j, was reduced in fiscal year 2006-2007.
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 2008, 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 2007 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.
Sec. 808. In addition to the money appropriated in this act, the department may receive and expend money from federal sources for the purpose of providing response to wildfires as required by a compact with the federal government. If additional expenditure authorization is required, the department shall notify the state budget office that expenditure under this section is required. The department shall notify the house and senate appropriations subcommittees on natural resources and the house and senate fiscal agencies of the expenditures under this section by November 1, 2008.
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 subaccount created under section 82111 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82111. Counties shall provide semiannual reports to the department on the use of grant money received under this section.
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, 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 all amounts appropriated under this section during the fiscal year ending September 30, 2007.
Sec. 1102. 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 improvements 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.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor