SB-0617, As Passed Senate, November 1, 2011

 

 

 

 

 

 

 

 

 

 

 

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.