April 19, 2017, Introduced by Reps. Howell, LaFave, VanderWall, Bellino, Rendon, Maturen, Kivela and Glenn and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending the heading of subpart 1 of part 21 and amending
sections 301, 503, 504, 1901, 1903, 2010, 2101, 2104, 2106, 2126,
2130, 2131, 2132, 2136, 40501, and 72118 (MCL 324.301, 324.503,
324.504, 324.1901, 324.1903, 324.2010, 324.2101, 324.2104,
324.2106, 324.2126, 324.2130, 324.2131, 324.2132, 324.2136,
324.40501, and 324.72118), section 301 as amended and section 2010
as added by 2004 PA 587, section 503 as amended by 2012 PA 294,
section 504 as amended by 2009 PA 47, sections 1901, 2101, 2106,
2130, and 2136 as added by 1995 PA 60, section 1903 as amended by
2011 PA 117, section 2104 as amended by 1998 PA 28, section 2126 as
amended by 2011 PA 323, sections 2131 and 2132 as amended by 2012
PA 622, section 40501 as amended by 2008 PA 416, and section 72118
as added by 2016 PA 288, and by adding sections 2132a, 2137, and
2138.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 301. Except as otherwise defined in this act, as used in
this act:
(a) "Commission" means the commission of natural resources.
(b) "Department" means the director of the department of
natural resources or his or her designee to whom the director
delegates a power or duty by written instrument.
(c) "Department of natural resources" means the principal
state department created in section 501.
(d) "Director" means the director of the department of natural
resources.
(e) "Local unit of government" or "local unit" means a
municipality or county.
(f) "Michigan conservation and recreation legacy fund" means
the Michigan conservation and recreation legacy fund established in
section 40 of article IX of the state constitution of 1963 and
provided for in section 2002.
(g) "Municipality" means a city, village, or township.
(h) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(i)
"Public domain" means all land owned by the this state
or
land
deeded to the this state under state law.
(j) "Rule" means a rule promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
Sec. 503. (1) The department shall protect and conserve the
natural resources of this state; provide and develop facilities for
outdoor recreation; prevent the destruction of timber and other
forest growth by fire or otherwise; promote the reforesting of
forestlands belonging to this state; prevent and guard against the
pollution of lakes and streams within this state and enforce all
laws provided for that purpose with all authority granted by law;
and foster and encourage the protection and propagation of game and
fish. Before issuing an order or promulgating a rule under this act
that will designate or classify land managed by the department for
any purpose, the department shall consider, in addition to any
other matters required by law, both of the following:
(a) Providing for access to and use of the public land for
recreation and tourism.
(b) The existence of or potential for natural resources-based
industries, including forest management, mining, or oil and gas
development on the public land.
(2) The department has the power and jurisdiction over the
management, control, and disposition of all land under the public
domain, except for those lands under the public domain that are
managed by other state agencies to carry out their assigned duties
and responsibilities. On behalf of the people of this state, the
department may accept gifts and grants of land and other property
and may buy, sell, exchange, or condemn land and other property,
for
any of the purposes of this part. Beginning September 30, 2012,
the
The department shall not acquire surface rights to land
unless
the department has estimated the amount of annual payments in lieu
of taxes on the land, posted the estimated payments on its website
for at least 30 days, and notified the affected local units of the
estimated payments at least 30 days before the acquisition.
(3)
Before May 1, 2015, the department shall not acquire
surface
rights to land if the department owns, or as a result of
the
acquisition will own, the surface rights to more than 4,626,000
acres
of land.
(4)
Beginning May 1, 2015, the department shall not acquire
surface
rights to land north of the Mason-Arenac line if the
department
owns, or as a result of the acquisition will own, the
surface
rights to more than 3,910,000 acres of land north of the
Mason-Arenac
line. This subsection does not apply after the
enactment
of legislation adopting the strategic plan.
(3) The department shall not acquire surface rights to land
north of the Mason-Arenac line during a state fiscal year unless
both of the following apply:
(a) All payments under subpart 13 or 14 of part 21 or section
51106 that have become due for that fiscal year have been paid.
(b) At least 70% of each payment under subpart 13 or 14 of
part 21 or section 51106 that became due after the effective date
of the 2017 amendatory act that added this subsection and before
the state fiscal year of acquisition has been paid.
(4) (5)
Subsection (3) does not
prohibit the acquisition from
a private owner of surface rights to land under an option agreement
in effect on the date when the payment described in subsection (3)
became due if the acquisition takes place within 60 days after that
date.
For the purposes of subsections (3)
and (4), subsection (3),
the number of acres of land in which the department owns surface
rights does not include land so acquired or any of the following:
(a) Land in which the department has a conservation easement.
(b) Land that, before July 2, 2012, was platted under the land
division act, 1967 PA 288, MCL 560.101 to 560.293, or a predecessor
act
before July 2, 2012 if and
acquired by the department. before
July
2, 2012.
(c) Any of the following if acquired on or after July 2, 2012:
(i) Land with an area of not more than 80 acres, or a right-
of-way, for accessing other land owned by the department.
(ii) A trail, subject to all of the following:
(A) If the traveled portion of the trail is located within an
abandoned railroad right-of-way, the land excluded is limited to
the abandoned railroad right-of-way.
(B) If the traveled portion of the trail is located in a
utility easement, the land excluded is limited to the utility
easement.
(C) If sub-subparagraphs (A) and (B) do not apply, the land
excluded is limited to the traveled portion of the trail and
contiguous
land. The For the purposes
of the exclusion, the area of
the contiguous land shall not exceed the product of 100 feet
multiplied by the length of the trail in feet.
(iii) Land that, on July 2, 2012 was commercial forestland as
defined in section 51101 if the land continues to be used in a
manner consistent with part 511.
(iv) Land acquired by the department by gift, including the
gift of funds specifically dedicated to land acquisition.
(v) Land acquired by the department through litigation.
(5) (6)
The department shall maintain a
record of land as
described
in subsection (5)(a) (4)(a)
to (c). The record shall
include the location, acreage, date of acquisition, and use of the
land.
The department shall post and maintain on its website all of
the
following information:
(a)
The number of acres of land, including land as described
in
subsection (5), in which the department owns surface rights
north
of the Mason-Arenac line, south of the Mason-Arenac line, in
total
for this state, and by program.
(b)
The number of acres of land, excluding land as described
in
subsection (5), in which the department owns surface rights
north
of the Mason-Arenac line, south of the Mason-Arenac line, in
total
for this state, and by program.
(6) (7)
By October 1, 2014, the department
shall develop a
written strategic plan to guide the acquisition and disposition of
state lands managed by the department, submit the plan to the
senate
and house committees with primary responsibility for natural
resources
and outdoor recreation and the corresponding
appropriation
subcommittees, relevant
legislative committees, and
post the plan on the department's website. In developing the plan,
the department shall solicit input from the public and local units
of government.
(7) (8)
The strategic plan shall do all of
the following:
(a) Divide this state into regions.
(b) Identify lands managed by the department in each region.
(c) Set forth for each region measurable strategic performance
goals with respect to all of the following for land managed by the
department:
(i) Maximizing availability of points of access to the land
and to bodies of water on or adjacent to the land.
(ii) Maximizing outdoor recreation opportunities.
(iii) Forests.
(iv) Wildlife and fisheries.
(d) To assist in achieving the goals set forth in the
strategic plan pursuant to subdivision (c), identify all of the
following:
(i) Land to be acquired.
(ii) Land to be disposed of.
(iii) Plans for natural resource management.
(e) To the extent feasible, identify public lands in each
region that are not managed by the department but affect the
achievement of the goals set forth in the strategic plan pursuant
to subdivision (c).
(f) Identify ways that the department can better coordinate
the achievement of the goals set forth in the strategic plan
pursuant to subdivision (c), recognizing that public lands are
subject to multiple uses and both motorized and nonmotorized uses.
(g) Identify critical trail connectors to enhance motorized
and nonmotorized natural-resource-dependent outdoor recreation
activities for public enjoyment.
(9)
The department shall not implement the strategic plan as
it
applies to land north of the Mason-Arenac line. This subsection
does
not apply after the enactment of legislation adopting the
strategic
plan.
(10)
The department shall annually report on the
implementation
of the plan and submit and post the report in the
manner
provided in subsection (7).
(8) (11)
Beginning July 2, 2020 The
legislature approves the
strategic plan entitled "Department of Natural Resources Managed
Public Land Strategy" issued by the department and dated July 1,
2013. The department shall implement the most recent legislatively
approved strategic plan and shall not change the plan except by
plan update proposed pursuant to subsection (10) and subsequently
approved by the legislature.
(9) The department shall annually submit to the relevant
legislative committees and post and, subject to subdivision (b),
annually update on the department's website all of the following:
(a) A report on the implementation of the plan.
(b) The number of acres of land, excluding land described in
subsection (4), in which the department owns surface rights north
of the Mason-Arenac line, south of the Mason-Arenac line, and in
total for this state. For land north of the Mason-Arenac line, the
department shall update this information on its website as of the
dates that payments described in subsection (3) are due.
(c) Information on the total number of each of the following:
(i) Acres of land managed by the department.
(ii) Acres of state park and state recreation area land.
(iii) Acres of state game and state waterfowl areas.
(iv) Acres of land managed by the department and open for
public hunting.
(v) Acres of state-owned mineral rights managed by the
department that are under a development lease.
(vi) Acres of state forestland.
(vii) Public boating access sites managed by the department.
(viii) Miles of motorized trails managed by the department.
(ix) Miles of nonmotorized trails managed by the department.
(10) For legislative consideration and approval, as provided
in
subsection (8), by October 1, 2021, and
every 6 5 years
thereafter, the department shall propose an update to the strategic
plan, and
submit and post the updated plan in the manner provided
in
subsection (7). submit the
proposed updated plan to the relevant
legislative committees, and post the proposed updated plan on the
department's website. The department shall develop the proposed
updated plan in consultation with the general public and
organizations representing local units of government, hunters,
fishers, trappers, and motorized and nonmotorized trail users. At
least 60 days before posting the proposed updated plan, the
department
shall prepare, submit , and post in the manner provided
in
subsection (7) a report on progress to the relevant legislative
committees, and post on the department's website a report that
covers all of the following and includes department contact
information for persons who wish to comment on the report:
(a) Progress toward the goals set forth in the strategic plan
pursuant
to subsection (8)(c) in portions of this state where,
subject
to subsection (9), the plan is being implemented and any
(7)(c).
(b) Any proposed changes to the goals, including the rationale
for
the changes. The submittal and posting shall include department
contact
information for persons who wish to comment on the report.
(c) The department's engagement and collaboration with local
units of government.
(11) (12)
At least 30 days before acquiring
or disposing of
land,
the department shall submit to the senate and house
committees
with primary responsibility for natural resources and
outdoor
recreation and the corresponding appropriations
subcommittees
relevant legislative
committees a statement
identifying the land and describing the effect of the proposed
transaction on achieving the goals set forth in the strategic plan
pursuant
to subsection (8)(c). (7)(c).
The statement shall include
department contact information for persons who wish to comment on
the acquisition or disposition and shall be in a standard format.
The department shall also post the statement on its website for at
least
30 days before the acquisition or disposition. This
subsection
does not apply before the department submits the
strategic
plan to legislative committees as required under
subsection
(7).
(12) If land owned by this state that is managed by the
department and land owned by the federal government constitute 40%
or more of the land in a county or if land owned by this state that
is managed by the department, land owned by the federal government,
and commercial forest land constitute 50% or more of the land in a
county, before acquiring land in that county, the department shall
notify the legislative bodies of the county and the township or
townships where the land is located in writing of the proposed
acquisition. The notice shall include information listed in
subsection (13)(a)(i) to (iv). At the request of the legislative
body of the county or a township where the land is located, the
department shall send a representative to a meeting of the county
board of commissioners to provide testimony on the proposed
acquisition. The department shall not acquire the land if, not more
than 60 days after the department sent the notice of the proposed
acquisition to the county board of commissioners, the department
receives a copy of a resolution adopted by the county board
rejecting the proposed acquisition. However, despite the county's
rejection of the proposed acquisition, the department may acquire
the land if the department receives a copy of a resolution
approving the acquisition adopted by the township board of each
township where the land is located. The township board shall also
send a copy of such a resolution to the county board of
commissioners.
(13) If subsection (12) does not apply to a county, the
department shall not acquire land in that county unless the
department has done all of the following:
(a) At least 45 days before the acquisition, notified the
legislative bodies of the county and the township or townships
where the land is located of all of the following, in writing:
(i) The location and acreage of the land.
(ii) How the land will be used and estimated payments in lieu
of taxes.
(iii) The effect the proposed acquisition is expected to have
on achieving the goals set forth in the strategic plan pursuant to
subsection (7)(c).
(iv) Department contact information and the duration of the
comment period, for persons who wish to comment on the proposed
acquisition.
(b) Provided an opportunity for representatives of all local
units of government where the land is located to meet in person
with a department representative to discuss the proposed
acquisition.
(14) (13)
The department may accept funds,
money, or grants
for development of salmon and steelhead trout fishing in this state
from the government of the United States, or any of its departments
or agencies, pursuant to the anadromous fish conservation act, 16
USC 757a to 757f, and may use this money in accordance with the
terms and provisions of that act. However, the acceptance and use
of federal funds does not commit state funds and does not place an
obligation upon the legislature to continue the purposes for which
the funds are made available.
(15) (14)
The department may appoint persons
to serve as
volunteers
for the purpose of facilitating the responsibilities of
to assist the department in meeting its responsibilities as
provided in this part. Subject to the direction of the department,
a volunteer may use equipment and machinery necessary for the
volunteer service, including, but not limited to, equipment and
machinery to improve wildlife habitat on state game areas.
(16) (15)
The department may lease lands
owned or controlled
by the department or may grant concessions on lands owned or
controlled by the department to any person for any purpose that the
department
determines to be necessary to implement this part. In
granting
a concession, the The department shall provide that each
concession
is awarded at least every grant
each concession for a
term of not more than 7 years based on extension, renegotiation, or
competitive bidding. However, if the department determines that a
concession requires a capital investment in which reasonable
financing or amortization necessitates a longer term, the
department may grant a concession for up to a 15-year term. A
concession granted under this subsection shall require, unless the
department authorizes otherwise, that all buildings and equipment
shall
be removed at the end of the
concession's term. Any lease
entered into under this subsection shall limit the purposes for
which the leased land is to be used and shall authorize the
department to terminate the lease upon a finding that the land is
being used for purposes other than those permitted in the lease.
Unless otherwise provided by law, money received from a lease or a
concession of tax reverted land shall be credited to the fund
providing financial support for the management of the leased land.
Money
received from a lease of all any
other land shall be credited
to the fund from which the land was purchased. However, money
received from program-related leases on these lands shall be
credited to the fund providing financial support for the management
of the leased lands. For land managed by the forest management
division of the department, that fund is either the forest
development fund established pursuant to section 50507 or the
forest recreation account of the Michigan conservation and
recreation legacy fund provided for in section 2005. For land
managed by the wildlife or fisheries division of the department,
that fund is the game and fish protection account of the Michigan
conservation and recreation legacy fund provided for in section
2010.
(17) (16)
When the department sells land, the
deed by which
the
land is conveyed may reserve all
mineral, coal, oil, and gas
rights
to this state only when if
the land is in production or is
leased
or permitted for production, or when if the department
determines that the land has unusual or sensitive environmental
features or that it is in the best interest of this state to
reserve those rights as determined by commission policy. However,
the department shall not reserve the rights to sand, gravel, clay,
or other nonmetallic minerals. When the department sells land that
contains subsurface rights, the department shall include a deed
restriction that restricts the subsurface rights from being severed
from the surface rights in the future. If the landowner severs the
subsurface rights from the surface rights, the subsurface rights
revert to this state. The deed may reserve to this state the right
of ingress and egress over and across land along watercourses and
streams. Whenever an exchange of land is made with the United
States government, a corporation, or an individual for the purpose
of consolidating the state forest reserves, the department may
issue deeds without reserving to this state the mineral, coal, oil,
and gas rights and the rights of ingress and egress. The department
may sell the limestone, sand, gravel, or other nonmetallic
minerals. However, the department shall not sell a mineral or
nonmetallic mineral right if the sale would violate part 353, part
637, or any other provision of law. The department may sell all
reserved mineral, coal, oil, and gas rights to such lands upon
terms and conditions as the department considers proper and may
sell oil and gas rights as provided in part 610. The owner of those
lands as shown by the records shall be given priority in case the
department authorizes any sale of those lands, and, unless the
landowner waives that priority, the department shall not sell such
rights to any other person. For the purpose of this section,
mineral rights do not include rights to sand, gravel, clay, or
other nonmetallic minerals.
(18) (17)
The department may enter into
contracts for the sale
of the economic share of royalty interests it holds in hydrocarbons
produced from devonian or antrim shale qualifying for the
nonconventional source production credit determined under section
45k of the internal revenue code of 1986, 26 USC 45k. However, in
entering
into these contracts, the department shall assure ensure
that revenues to the natural resources trust fund under these
contracts are not less than the revenues the natural resources
trust fund would have received if the contracts were not entered
into. The sale of the economic share of royalty interests under
this subsection may occur under contractual terms and conditions
considered appropriate by the department and as approved by the
state administrative board. Funds received from the sale of the
economic share of royalty interests under this subsection shall be
transmitted to the state treasurer for deposit in the state
treasury as follows:
(a) Net proceeds allocable to the nonconventional source
production credit determined under section 45k of the internal
revenue code of 1986, 26 USC 45k, under this subsection shall be
credited to the environmental protection fund created in section
503a.
(b) Proceeds related to the production of oil or gas from
devonian or antrim shale shall be credited to the natural resources
trust fund or other applicable fund as provided by law.
(19) (18)
As used in this section:
(a) "Concession" means an agreement between the department and
a person under terms and conditions as specified by the department
to provide services or recreational opportunities for public use.
(b) "Lease" means a conveyance by the department to a person
of a portion of this state's interest in land under specific terms
and for valuable consideration, thereby granting to the lessee the
possession of that portion conveyed during the period stipulated.
(c) "Mason-Arenac line" means the line formed by the north
boundaries of Mason, Lake, Osceola, Clare, Gladwin, and Arenac
counties.Counties.
(d) "Natural resources trust fund" means the Michigan natural
resources trust fund established in section 35 of article IX of the
state constitution of 1963 and provided for in section 1902.
(e) "Net proceeds" means the total receipts received from the
sale
of royalty interests under subsection (17) (18) less
costs
related to the sale. Costs may include, but are not limited to,
legal, financial advisory, geological or reserve studies, and
accounting services.
(f) "Relevant legislative committees" means the senate and
house committees with primary responsibility for natural resources
and outdoor recreation and the corresponding appropriation
subcommittees.
(g) (f)
"Strategic plan" or
"plan" means the plan developed
under
subsection (7).(6), as
updated under subsection (10), if
applicable.
Sec. 504. (1) The department shall promulgate rules to protect
and preserve lands and other property under its control from
depredation, damage, or destruction or wrongful or improper use or
occupancy. If requested by the chair of a standing committee of the
senate or house of representatives that considers legislation
pertaining to conservation, the environment, natural resources,
recreation, tourism, or agriculture, the department shall provide
testimony to the committee on the implementation and effects of a
rule promulgated under this subsection that limits the use of or
access to more than 500 acres of state forest or significantly
restricts current practices in state forest. The department shall
provide the testimony at a hearing of the committee scheduled
within 6 months after the effective date of the rule.
(2) Subject to subsection (4), the department shall do all of
the following:
(a) Keep land under its control open to hunting unless the
department determines that the land should be closed to hunting
because of public safety, fish or wildlife management, or homeland
security concerns or as otherwise required by law.
(b) Manage land under its control to support and promote
hunting opportunities to the extent authorized by law.
(c) Manage land under its control to prevent any net decrease
in the acreage of such land that is open to hunting.
(3)
Subject to subsection (4), by April 1
, 2010 and each
year, thereafter,
the department shall submit to the legislature a
report that includes all of the following:
(a) The location and acreage of land under its control
previously open to hunting that the department closed to hunting
during the 1-year period ending the preceding March 1, together
with the reasons for the closure.
(b) The location and acreage of land under its control
previously closed to hunting that the department opened to hunting
during the 1-year period ending the preceding March 1 to compensate
for land closed to hunting under subdivision (a).
(4) Subsections (2) and (3) do not apply to commercial
forestland as defined in section 51101.
(5) The department is urged to promote public enjoyment of
this state's wildlife and other natural resources by providing
public access to lands under the control of the department for
outdoor recreation activities dependent on natural resources,
providing reasonable consideration for both motorized and
nonmotorized activities.
(6) If, after completion of the forest road inventory under
section 72118, the department receives a written resolution from a
recreational users organization or the legislative body of a local
unit of government requesting the removal of a berm, gate, or other
human-made barrier on land under the department's control, the
department shall notify the requestor in writing within 60 days of
1 of the following:
(a) That the barrier will be removed. In this case, the
department shall remove the barrier within 180 days after receiving
the written request.
(b) The reasons the department believes the barrier should not
be removed and the right of the recreational users organization or
local unit of government, within 21 days after the department sends
the written notice, to request in writing a public meeting on the
matter. If the recreational users organization or local unit of
government requests a public meeting as provided in this
subdivision, the department shall conduct a public meeting within
the city, village, or township where the barrier is located to
explain the department's position and receive comments on the
proposed removal. After the meeting, and within 180 days after
receiving the request to remove the barrier, the department shall
approve or deny the request and notify the requestor in writing. If
the request is denied, the notice shall include the reasons for
denial. If the request is approved, the barrier shall be removed as
follows:
(i) Unless subparagraph (ii) applies, by the department within
180 days after the public meeting.
(ii) Within 30 days, if the recreational users organization or
legislative body requesting the removal of the barrier agrees with
the department to remove the barrier under the department's
oversight and at the requestor's expense.
(7) Upon request from a local unit of government, the
department shall work with the local unit to allow a use of state
land located within the local unit that will benefit the local
community in alignment with the strategic plan under section 503
and the state comprehensive outdoor recreation plan (SCORP). The
department may charge the local unit a reasonable fee for the use.
The fee shall not exceed the costs incurred by the department for
the use.
(8)
(5) This section does not authorize the department to
promulgate a rule that applies to commercial fishing except as
otherwise provided by law.
(9) (6)
The department shall not promulgate
or enforce a rule
that prohibits an individual who is licensed or exempt from
licensure under 1927 PA 372, MCL 28.421 to 28.435, from carrying a
pistol in compliance with that act, whether concealed or otherwise,
on property under the control of the department.
(10) (7)
The department shall issue orders
necessary to
implement
rules promulgated under this section. These orders shall
be
The orders are effective upon posting. Not less than 30 days
before and not more than 10 days after issuing an order under this
subsection that limits the use of or access to more than 500 acres
of state forest or significantly restricts current practices in
state forest, the department shall provide a copy of the order to
each member of each standing committee of the senate or house of
representatives that considers legislation pertaining to
conservation, the environment, natural resources, recreation,
tourism, or agriculture. If requested by the chair of a standing
committee described in this subsection, the department shall
provide testimony to the committee on the implementation and
effects of such an order at a hearing of the committee scheduled
within 6 months after the effective date of the order.
(11) (8)
A person who violates a rule
promulgated under this
section or an order issued under this section is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.
Sec. 1901. As used in this part:
(a) "Board" means the Michigan natural resources trust fund
board established in section 1905.
(b)
"Economic development revenue bonds (oil and gas
revenues),
series 1982A, dated December 1, 1982" includes bonds
refunding
these bonds, provided that any refunding bonds mature no
later
than September 1, 1994.
(b) (c)
"Local unit of
government" or "local
unit" means a
county, city, township, village, school district, the Huron-Clinton
metropolitan authority, or any authority composed of counties,
cities, townships, villages, or school districts, or any
combination
thereof, which authority is and
legally constituted to
provide public recreation.
(d)
"Total expenditures" means the amounts actually expended
from
the trust fund as authorized by section 1903(1) and (2).
(c) (e)
"Trust fund" means the
Michigan natural resources
trust fund established in section 35 of article IX of the state
constitution of 1963.
Sec. 1903. (1) Subject to the limitations of this part and of
section 35 of article IX of the state constitution of 1963, the
interest and earnings of the trust fund in any 1 state fiscal year
may be expended in subsequent state fiscal years only for the
following purposes:
(a) The acquisition of land or rights in land for recreational
uses or protection of the land because of its environmental
importance or its scenic beauty.
(b) The development of public recreation facilities.
(c) The administration of the fund, including payments in lieu
of taxes on state-owned land purchased through the trust fund. The
legislature shall make appropriations from the trust fund each
state fiscal year to make full payments in lieu of taxes on state-
owned land purchased through the trust fund, as provided in section
2154.
(2) In addition to the money described in subsection (1), 33-
1/3% of the money, exclusive of interest and earnings, received by
the trust fund in any state fiscal year may be expended in
subsequent state fiscal years for the purposes described in
subsection (1). However, the authorization for the expenditure of
money provided in this subsection does not apply after the state
fiscal year in which the total amount of money in the trust fund,
exclusive of interest and earnings and amounts authorized for
expenditure under this section, exceeds $500,000,000.00.
(3) An expenditure from the trust fund may be made in the form
of a grant to a local unit of government or public authority,
subject to all of the following conditions:
(a) The grant is used for the purposes described in subsection
(1).
(b)
The grant is matched by the local unit of government or
public authority with at least 25% of the total cost of the
project.
(4) Not less than 25% of the total amounts made available for
expenditure from the trust fund from any state fiscal year shall be
expended for acquisition of land and rights in land, and not more
than 25% of the total amounts made available for expenditure from
the trust fund from any state fiscal year shall be expended for
development of public recreation facilities.
(5) If property that was acquired with money from the trust
fund is subsequently sold or transferred by the state to a
nongovernmental entity, the state shall forward to the state
treasurer for deposit into the trust fund an amount of money equal
to the following:
(a) If the property was acquired solely with trust fund money,
the greatest of the following:
(i) The net proceeds of the sale.
(ii) The fair market value of the property at the time of the
sale or transfer.
(iii) The amount of money that was expended from the trust
fund to acquire the property.
(b) If the property was acquired with a combination of trust
fund money and other restricted funding sources governed by federal
or state law, an amount equal to the percentage of the funds
contributed by the trust fund for the acquisition of the property
multiplied by the greatest of the amounts under subdivision (a)(i),
(ii), and (iii).
(6) This part is subject to section 2132a.
Sec. 2010. (1) The game and fish protection account is
established as an account within the legacy fund.
(2)
The game and fish protection account shall consist of both
all of the following:
(a)
All money in the game and fish protection fund, formerly
created
in section 43553, immediately prior to the effective date
of
the amendatory act that added this section, which money is
hereby
transferred to the game and fish protection account.
(b)
Revenue from the following sources:
(a) (i) Revenue
derived from hunting and fishing licenses,
passbooks, permits, fees, concessions, leases, contracts, and
activities.
(b) (ii) Damages
paid for the illegal taking of game and fish.
(c) (iii) Revenue
derived from fees, licenses, and permits
related to game, game areas, and game fish.
(d) (iv) Other
revenues as authorized by law.
(3) Money in the game and fish protection account shall be
expended, upon appropriation, only as provided in part 435 and for
the administration of the game and fish protection account, which
may
include payments in lieu of taxes on state owned state-owned
land purchased through the game and fish protection account or
through the former game and fish protection fund. The primary
purpose of land acquired with money from the game and fish
protection account is to scientifically manage game and fish
populations. Expenditures from the game and fish protection account
to scientifically manage game and fish habitat acquired with game
and fish protection account funds must be primarily for the
management of game and fish species, but may benefit other species.
(4) Money in the game and fish protection account may be
expended pursuant to subsection (3) for grants to state colleges
and universities to implement programs funded by the game and fish
protection account.
SUBPART 1
SALE OR LEASE OF STATE LANDS FOR PUBLIC PURPOSES
Sec.
2101. (1) The department may sell sites tax reverted
lands
under its control to school districts, and
to churches and
sell
lands for public purposes other
religious organizations, to
public
educational institutions ; for
public purposes, to the
United
States, ; and to
governmental units of the this
state and to
agencies
thereof. from tax reverted state lands under the control
of
the department, The lands
shall be sold at a price fixed by a
formula
determined by the state tax commission. determined by an
appraisal, subject to section 2132a. The department may transfer
jurisdiction of tax reverted state lands for public purposes to any
department,
board, or commission of the this
state. The application
for the purchase or transfer of tax reverted state lands shall be
made by the proper officers of a school district, church or other
religious organization, public educational institution, the United
States,
or governmental unit , or
agency , department, board, or
commission
thereof upon forms prepared and furnished by the
department for that purpose.
(2)
The department may sell tax reverted lands to any agency
entity described in subsection (1), and the transfer of the lands
is not subject to a reverter clause. If a conveyance or transfer of
lands is made to a governmental unit without a reverter clause, the
department
may convey or transfer the lands at an appraisal value
as
a price determined by the state tax commission an appraisal,
subject to section 2132a, or at a nominal fee that includes any
amount paid by the department for maintaining the lands in a
condition that is protective of the public health and safety. If
lands are conveyed or transferred for a nominal fee and are
subsequently sold by the governmental unit for a valuable
consideration, the proceeds from such a sale, after deducting the
fee and any amount paid by the local governmental units for
maintaining the lands in a condition that is protective of the
public
health and safety, shall be accounted for paid to the state,
county, township, and school district in which the lands are
situated pro rata according to their several interests in the lands
arising from the nonpayment of taxes and special assessments on the
lands as the interest appears in the offices of the state treasurer
or
county, city, or village treasurers.treasurer.
Sec. 2104. (1) Any of the lands under the control of the
department, the title to which is in this state, and which may be
sold
and conveyed or are a part of the state lands, as well as
lands
later acquired by this state, or any part or portion of those
lands,
may be exchanged for lands of equal
area or approximately
equal value belonging to the United States or owned by private
individuals
if in the opinion of the department it is in the
interest
of the this state to do so.
(2)
If the department charges charged
an application fee for a
proposed sale of land under this section and the state land
proposed for sale is instead sold to another party within 3 years
after
the date a completed application is was received by the
department from the prior applicant, the department shall refund
the application fee in full to the prior applicant if the prior
applicant has informed the department of his or her current
address.
(3) Effective 60 days after the department receives an
application from a private individual to exchange that individual's
land for surplus state land, the application shall be considered to
be complete unless the department proceeds as provided under
subsection (4).
(4) If, before the expiration of the 60-day period under
subsection (3), the department notifies the applicant, in writing,
that the application is not complete, specifying the information
necessary to make the application complete, the running of the 60-
day period under subsection (3) is tolled until the applicant
submits to the department the specified information, at which time
the application shall be considered to be complete.
(5) When the application is complete, the department shall
promptly comply with section 503(11) and shall comply with section
503(12) or (13), as applicable. The department shall next make a
recommendation to the director on the application and post the
recommendation on the agenda of the next meeting of the commission
for public comment. After the commission meeting, the director
shall approve or deny the application and the department shall
notify the applicant in writing of the decision. If the application
is denied, the notice shall set forth the specific reasons for the
denial.
(6) The department shall charge a fee for an application for
the exchange of state land. The fee shall be $300.00 plus, if the
state land is more than 300 acres in size, the actual reasonable
cost of processing the application.
Sec. 2106. (1) The department shall maintain on its website
and make available in writing to persons seeking to purchase land
from, sell land to, or exchange land with the department under this
part information about relevant requirements and procedures under
this part.
(2) If the department determines that it is in the best
interests
of the this state to exchange any of the lands mentioned
described in section 2104 for lands of an equal area or of
approximately equal value belonging to private individuals, the
department shall maintain a description of the lands to be conveyed
and a description of the lands belonging to individuals to be
deeded
to the this state.
(3) Before any of the lands are deeded to an individual as
provided
in this subpart, the person or persons owning the any
lands
to be deeded to the this state shall execute a conveyance of
those
lands to the this state.
The department shall accept
delivery
of the deed. The attorney general shall examine the title to the
lands
deeded to the this state and certify to the department
whether
or not the conveyance is sufficient to vest in the this
state a good and sufficient title to the land free from any liens
or encumbrances. If the attorney general certifies that the deed
vests
in the this state a good and sufficient title to the deeded
lands free from any liens or encumbrances, the department shall
within 30 days execute a deed to the individual of the lands to be
conveyed
by the this state. selected by the department in lieu of
the
lands.
Sec. 2126. Before the department grants an easement under this
subpart, the individual applying for the easement shall pay charges
as required by the department. The charges shall be the same as
those
charges required for the granting grant of an easement under
section
2129. subpart 9. However, the
department shall charge a fee
for an application for the grant of an easement under this subpart.
The fee shall be $300.00 plus, if the size of the easement is more
than 300 acres, the actual reasonable cost of processing the
application.
Sec. 2130. As used in this subpart:
(a) "Board" means the Michigan natural resources trust fund
board
established in part 19.section
1905.
(b) "Fund" means the land exchange facilitation and management
fund created in section 2134.
(c) "Land" includes lands, tenements, and real estate and
rights to and interests in lands, tenements, and real estate.
(d) "Qualified conservation organization" means that term as
defined in section 7o(5) of the general property tax act, 1893 PA
206, MCL 211.7o.
Sec.
2131. (1) Except as otherwise provided in Subject to
subsection
(2), or (3), the department may designate as
surplus
land
any state owned state-owned
land that is under the control of
the
department and that has been dedicated for public use and may,
on
behalf of the this state, sell that land if the sale is not
otherwise
prohibited by law and the department
determines all that
2 or more of the following apply:
(a)
That the The sale will not materially diminish the quality
or
utility of other state owned state-owned
land adjoining the land
to be sold.
(b)
That the sale is not otherwise restricted by law.
(b) (c)
That the The sale is in the best interests of the this
state, giving due regard to the variety, use, and quantity of lands
then under the control of the department.
(d)
That 1 or more of the following conditions are met:
(i) The land has been dedicated for public use for not
less
than
5 years immediately preceding its sale and is not needed to
meet
a department objective.
(c) (ii) The land is occupied for a private use through The
sale will resolve an inadvertent trespass.
(d) (iii) The
sale will promote the development of the
forestry or forest products industry or the mineral extraction and
utilization industry or other economic activity in this state.
(2)
The department shall not authorize the sale of surplus
land
as provided in subsection (1) if the proceeds from the sale of
the
land will cause the balance of the fund to exceed
$25,000,000.00.
(2) (3)
Except as provided in section
74102b, the department
shall not designate as surplus land any land within a state park,
or
state recreation area, state wildlife research area, state fish
hatchery, or state public boating access site.
Sec. 2132. (1) Subject to subsection (2), the department may
sell surplus land at a price established using the method that the
department determines to be most appropriate, such as any of the
following:
(a) Appraisal, subject to section 2132a.
(b) Appraisal consulting.
(c) A schedule adopted by the department for pricing property
with uniform characteristics and low utility.
(d) The true cash value of nearby land as determined by the
local assessor.
(2) If the department offers tax reverted land for sale and
the land is not sold within 9 months, the department may sell the
land to a qualified buyer who submits an offer that represents a
reasonable price for the property as determined by the department.
(3) The sale of surplus land shall be conducted by the
department through 1 of the following methods:
(a) A public auction sale.
(b) A negotiated sale.
(4) Subject to subsection (1), the sale of surplus land
through a public auction sale shall be to the highest bidder.
(5) Effective 60 days after the department receives an
application to purchase surplus land through a negotiated sale, the
application shall be considered to be complete unless the
department proceeds as provided under subsection (6).
(6) If, before the expiration of the 60-day period under
subsection (5), the department notifies the applicant, in writing,
that the application is not complete, specifying the information
necessary to make the application complete, the running of the 60-
day period under subsection (5) is tolled until the applicant
submits to the department the specified information, at which time
the application shall be considered to be complete. Notice under
this subsection shall include a statement of the requirements of
subsection (12).
(7) Within 180 days after the application is considered to be
complete, or a later date agreed to by the applicant and the
department, the department shall approve or deny the application
and notify the applicant in writing. If the department denies the
application, the notice shall set forth the specific reasons for
the denial.
(8) The department shall charge a fee for an application for
the purchase of surplus land. The fee shall be $300.00 plus, if the
surplus land is more than 300 acres in size, the actual reasonable
cost of processing the application.
(9) (5)
A notice of the sale of surplus
land shall be given as
provided in section 2133.
(10) (6)
The proceeds from the sale of
surplus land shall be
deposited into the fund.
(11) (7)
Surplus land that is sold under
this subpart shall be
conveyed by quitclaim deed approved by the attorney general.
(12) (8)
Each application, as may be later
amended or
supplemented, submitted by a private person under subsection (3)(b)
for the purchase of the land identified in that application as a
prospect
for purchase , shall
be considered and acted upon by the
department
to final decision , before
any other application
submitted at a later date by a different private person for the
purchase or exchange of the same land. However, if an application
is not completed within 60 days after the department notifies the
applicant under subsection (6) that the application is incomplete,
the department shall consider and act upon to final decision an
application submitted at a later date that is completed before that
previously submitted application.
(13) In a land transaction, the department may give preference
to a local unit of government but shall not give preference to any
other person.
Sec. 2132a. If land is proposed for purchase or sale by or
exchange with the department under this act based on its appraised
value, if 2 or more appraisals of the land that meet department
standards are made on behalf of the parties to the proposed
transaction, and if the high appraisal is less than 10% higher than
the low appraisal, the accepted value for purposes of the purchase,
sale, or exchange shall be the average of all the appraised values.
If the high appraisal is at least 10% higher than the low
appraisal, the parties may agree upon a new appraiser, whose
appraisal, or determination based on review of the existing
appraisals, shall be the accepted value for purposes of the
purchase, sale, or exchange. The department is responsible for 1/2
of the new appraiser's fee, and the other party or parties are
responsible for the balance.
Sec. 2136. This subpart does not limit the authority of the
department
to do 1 or both of the following:
(a)
To exchange land as provided in
subpart 3.
(b)
To sell land as provided in the general property tax act,
Act
No. 206 of the Public Acts of 1893, being sections 211.1 to
211.157
of the Michigan Compiled Laws.
Sec. 2137. (1) Upon request, the department shall consider
selling or exchanging land that is not designated as surplus land.
The sale or exchange of the land is subject to the same procedures
as apply to the sale of land that is designated as surplus land
under this subpart.
(2) Subsection (1) does not apply to land in a state park,
state recreation area, state game area, state wildlife research
area, or state public boating access site. Subsection (1) does not
apply to a request to sell land if the request meets the
requirements of section 2138.
Sec. 2138. (1) Upon request, the department shall consider
selling or leasing land if both of the following requirements are
met:
(a) The prospective buyer or lessee is a business seeking
expansion, but is limited by adjacent state land.
(b) The sale or lease will result in an economic or other
benefit for a local unit of government or region.
(2) The requirements set forth in section 2104(3) to (5) apply
to the sale or lease application process.
(3) In making its decision on the request under subsection
(1), the department shall consider both of the following:
(a) Any comments on the proposed sale or lease from local
units of government or other persons.
(b) The impact on natural resources and outdoor recreation in
this state, giving due regard to the variety, use, and quantity of
lands then under control of the department.
(4) The price for sale of the land shall be established using
a method determined appropriate by the department, including
appraisal, subject to section 2132a, fee schedule, or true cash
value of adjoining lands as agreed to by the applicant.
(5) Proceeds from sale of the land shall be deposited in the
fund that provided the revenue for the acquisition of the land by
the department. If there is more than 1 such fund, the revenue
shall be deposited in the funds in amounts proportionate to their
respective contributions for the department's acquisition of the
land. To the extent that the land was in whole or in part acquired
other than with restricted fund revenue, a proportionate amount of
proceeds of the sale of the land shall be deposited in the land
exchange facilitation and management fund created in section 2134.
Sec. 40501. The department shall perform such acts as may be
necessary to conduct and establish wildlife restoration,
management, and research projects and areas in cooperation with the
federal government under the Pittman-Robertson wildlife restoration
act, 16 USC 669 to 669i, and regulations promulgated by the United
States secretary of the interior under that act. In compliance with
that act, funds accruing to this state from license fees paid by
hunters shall not be used for any purpose other than game and fish
activities under the administration of the department. The
department shall manage land acquired with money received under the
Pittman-Robertson wildlife restoration act, 16 USC 669 to 669i, to
scientifically manage game and fish habitat or to increase
recreational hunting, fishing, and shooting opportunities.
Expenditures of money received under that act to scientifically
manage game and fish habitat acquired with money received under
that act must be primarily for the management of game and sportfish
species, but may benefit other species.
Sec. 72118. (1) The department shall make a comprehensive
inventory of forest roads that are state roads. The department
shall divide the state into 5 regions and complete the inventory in
regional phases. The Upper Peninsula shall be a separate region or
regions. The department shall inventory the 2 most northerly
regions in the Lower Peninsula by December 31, 2017. The department
shall inventory the remaining regions by December 31, 2018. The
inventory shall meet both of the following requirements:
(a) Identify the location, condition, and development level of
the forest roads.
(b) Determine types of motorized and nonmotorized use
currently restricted on each forest road segment and the seasons
during which those uses are currently restricted.
(2) Beginning when the inventory for a region is completed or
required to be completed, whichever occurs first, all of the
following apply:
(a) The forest roads within that region shall be open to
motorized use by the public unless designated otherwise by the
department
pursuant to by order
issued under section 504(7). 504.
However,
beginning on the effective date of the amendatory act that
added
this section, September 28,
2016, forest roads in the Upper
Peninsula shall be open to motorized use by the public unless
designated
otherwise pursuant to by
order issued under section
504(7).504.
(b) If a timber harvest is planned for a particular area in
that region, the department shall evaluate whether the timber
harvest activity offers the opportunity to connect existing forest
roads and trails in that area.
(c) The department shall not newly restrict a road or trail in
that region from being used to access public land unless the
department has provided each local unit of government in which the
public land is located written notice that includes the reason for
the restriction. This subdivision does not apply to a restriction
imposed to protect public health or safety in an emergency
situation.
(3) The department shall annually post to its website the
total miles of forest roads open to motorized use in all
inventoried regions and a map or maps of those forest roads.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 4476 (request no.
01896'17) of the 99th Legislature is enacted into law.