May 4, 2011, Introduced by Reps. Lindberg, Barnett, Liss and McBroom and referred to the Committee on Government Operations.
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.