HOUSE BILL No. 4066

 

January 27, 2015, Introduced by Rep. Franz and referred to the Committee on Energy Policy.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 32503 and 32512 (MCL 324.32503 and 324.32512),

 

as amended by 2012 PA 247.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 32503. (1) Except as otherwise provided in this section,

 

the department, after finding that the public trust in the waters

 

will not be impaired or substantially affected, may enter into

 

agreements pertaining to waters over and the filling in of

 

submerged patented lands, or to lease or deed unpatented lands,

 

after approval of the state administrative board. Quitclaim The

 

department may issue or enter into with any person quitclaim deeds,

 

leases, or agreements covering unpatented lands may be issued or


 

entered into by the department with any person, and shall contain

 

such and containing terms, conditions, and requirements as that the

 

department determines to be just and equitable and in conformance

 

with the public trust. The department shall reserve to the state

 

all mineral rights, including, but not limited to, coal, oil, gas,

 

sand, gravel, stone, and other materials or products located or

 

found in those lands, except where if the lands are occupied or to

 

be occupied for residential purposes at the time of conveyance.

 

     (2) The department shall not enter into a lease or deed that

 

allows drilling operations beneath unpatented lands for the

 

exploration or production of oil or gas.

 

     (3) The department shall not enter into a lease or deed that

 

allows the use of unpatented lands for the siting, placement,

 

construction, operation, or maintenance of a wind turbine or any

 

equipment or structure related to a wind turbine, including, but

 

not limited to, a transmission line. This subsection does not apply

 

to a structure for wind energy development research.

 

     (4) (3) An agreement, lease, or deed entered into under this

 

part by the department with the United States shall be entered into

 

and executed pursuant to the property rights acquisition act, 1986

 

PA 201, MCL 3.251 to 3.262.

 

     Sec. 32512. (1) Except as provided in subsection (2), unless a

 

permit has been granted by the department pursuant to part 13 or

 

authorization has been granted by the legislature, or except as to

 

boat wells and slips facilitating private, noncommercial,

 

recreational boat use, not exceeding 50 feet in length where the

 

spoil is not disposed of below the ordinary high-water mark of the


 

body of water to which it is connected, a person shall not do any

 

of the following:

 

     (a) Construct, dredge, commence, or do any work with respect

 

to an artificial canal, channel, ditch, lagoon, pond, lake, or

 

similar waterway where the purpose is ultimate connection of the

 

waterway with any of the Great Lakes, including Lake St. Clair.

 

     (b) Connect any natural or artificially constructed waterway,

 

canal, channel, ditch, lagoon, pond, lake, or similar waterway with

 

any of the Great Lakes, including Lake St. Clair, for navigation or

 

any other purpose.

 

     (c) Dredge or place spoil or other material on bottomland.

 

     (d) Construct a marina.

 

     (2) Except as provided in subsection (3), the following

 

activities are not subject to regulation under this part:

 

     (a) Leveling of sand, removal of vegetation, grooming of soil,

 

or removal of debris, in an area of unconsolidated material

 

predominantly composed of sand, rock, or pebbles, located between

 

the ordinary high-water mark and the water's edge.

 

     (b) Mowing of vegetation between the ordinary high-water mark

 

and the water's edge.

 

     (3) Subsection (2) does not apply to lands included in the

 

survey of the delta of the St. Clair River, otherwise referred to

 

as the St. Clair flats, located within Clay township, St. Clair

 

county, as provided for in 1899 PA 175.

 

     (4) The department shall not grant a permit under this part

 

for the siting, placement, construction, operation, or maintenance

 

of a wind turbine or any equipment or structure related to a wind


 

turbine, including, but not limited to, a transmission line. This

 

subsection does not apply to a structure for wind energy

 

development research.