SB-0617, As Passed House, April 17, 2012

SUBSTITUTE FOR

SENATE BILL NO. 617

     A bill to amend 1967 PA 168, entitled

"An act to authorize the state administrative board to convey

certain lands and to cede a certain water area in Alger county to

the United States of America for use by the national park service;

and to declare the effect thereof,"

by amending sections 1 and 4 (MCL 3.451 and 3.454) and by adding

sections 4a, 4b, and 4c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. The state administrative board is authorized to may

convey by quit claim quitclaim deed or deeds such the title to

lands as is vested in the state of Michigan and under the

jurisdiction of the department of conservation natural resources

and to may cede the off shore offshore water area, without any

monetary consideration, for and in on behalf of the state of

Michigan, to the United States of America, as lie within the

boundaries of the shoreline zone of the Pictured Rocks national

lakeshore as depicted on the map identified as "proposed pictured

rocks Pictured Rocks national lakeshore, United States department

of the interior, national park service, boundary map NL-PR-7001A,

July, 1966", to be used by the United States department of the

interior. The conservation natural resources commission shall

approve the descriptions and total acreage of land to be conveyed

and water area to be ceded.

     Sec. 4. The jurisdiction of such the lands and water area

described in section 1 is ceded to the United States of America

upon the express condition that the state of Michigan shall retain

concurrent jurisdiction, both civil and criminal, over persons on

such the lands and water area, so that all civil and criminal

process issued by any court of competent jurisdiction or officer

having authority of law to issue such process and all orders made

by such the court, or any judicial officer duly empowered

authorized to make such the orders necessary to be served upon any

person, may be executed upon such the lands and water area in the

same manner as if jurisdiction had not been so ceded.

     Sec. 4a. (1) If the United States desires to acquire

concurrent legislative jurisdiction over the lands and waters

within the Pictured Rocks national lakeshore that have not

previously been ceded under section 4, the United States shall

submit an application, in writing, to the governor. Upon receipt of

the application, the governor may cede to the United States

jurisdiction, not exceeding that requested by the United States,

over any or all of the lands or waters for which jurisdiction has

been applied, and reserving to this state concurrent jurisdiction

as the governor considers appropriate.

     (2) An application submitted under subsection (1) shall state

the measure of jurisdiction desired and shall be accompanied by an

accurate description of the lands or waters, or both, over which

jurisdiction is desired and information as to which of the lands

are owned by the United States.

     (3) The cession of jurisdiction under this section becomes

effective when it is accepted on behalf of the United States.

Acceptance by the United States shall be indicated in writing upon

the instrument of cession by an authorized official of the United

States and shall be filed with the secretary of state of this

state.

     Sec. 4b. (1) This state reserves jurisdiction as follows over

lands and waters within the Pictured Rocks national lakeshore, to

which legislative jurisdiction is ceded to the United States under

this act:

     (a) The state's entire legislative jurisdiction with respect

to taxation by this state or a political subdivision of this state.

     (b) The state's entire legislative jurisdiction with respect

to marriage, divorce, annulment, adoption, commitment of the

mentally incompetent, and descent and distribution of property.

     (c) Concurrent or separate power to enforce the criminal law.

     (d) The power to execute any process, civil or criminal,

issued under authority of this state.

     (2) A person residing on lands within the Pictured Rocks

national lakeshore, to which legislative jurisdiction is ceded to

the United States under this act, shall not be deprived of any

civil or political rights, including the right of suffrage, by

reason of the cession of jurisdiction to the United States.

     Sec. 4c. If the United States offers to this state a

relinquishment of legislative jurisdiction over lands within the

Pictured Rocks national lakeshore, the governor may accept on

behalf of this state the legislative jurisdiction offered to be

relinquished. The governor shall indicate his or her acceptance of

relinquished legislative jurisdiction by a writing addressed to the

head of the appropriate department or agency of the United States.

The acceptance is effective when deposited in a United States post

office or mailbox.