HOUSE BILL NO. 6257

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding part 636.

the people of the state of michigan enact:

PART 636

METALLIC MINERAL MINE RECLAMATION FUND

Sec. 63601. As used in this part:

(a) "Department" means the department of environment, Great Lakes, and energy.

(b) "Director" means the director of the department or the director's designee.

(c) "Fund" means the metallic mineral mine reclamation fund created in section 63603.

(d) "Mining" means metallic mineral mining.

Sec. 63603. (1) The metallic mineral mine reclamation fund is created in the state treasury.

(2) The state treasurer shall deposit in the fund all of the following:

(a) Grants from the secretary of the interior from the federal abandoned mine reclamation fund established in 30 USC 1231.

(b) Revenue as provided under section 4 of 1951 PA 77, MCL 211.624.

(c) Revenue as provided under section 9 of the nonferrous metallic minerals extraction severance tax act, 2012 PA 410, MCL 211.789.

(d) Money and other assets received from any other source.

(3) The state treasurer shall direct the investment of money in the fund and credit interest and earnings from the investments to the fund. The department is the administrator of the fund for audits of the fund.

(4) The department shall expend money from the fund on appropriation, only for 1 or more of the following purposes:

(a) Acquisition and filling of voids and sealing of tunnels, shafts, and entryways of lands affected by past mining practices.

(b) Reclamation of land and water resources and the environment adversely affected by past mining and remediation of adverse effects of past mining.

(c) Acquisition of land as provided for in section 63607.

(d) Administrative expenses incurred in accomplishing the purposes of this part.

(e) Any other necessary expenses to accomplish the purposes of this part.

(f) Any other purposes related to mining for which federal grant revenue described in subsection (2) may be utilized under federal law.

(5) Expenditures of money from the fund shall be prioritized based on the risk to public health, public safety, general welfare, and property from past mining practices.

Sec. 63605. (1) The department or its contractors may enter upon property to do either of the following:

(a) Conduct studies or exploratory work to determine the existence of adverse effects of past mining practices.

(b) Determine the feasibility of action to restore or reclaim land or water resources or otherwise abate, control, or prevent the adverse effects of past mining practices.

(2) The department or its contractors may enter upon property adversely affected by past mining practices, and any other property that provides necessary access to the adversely affected property, to take action to restore or reclaim land or water resources or otherwise abate, control, or prevent the adverse effects of past mining practices, if both of the following conditions are met:

(a) The director determines that all of the following apply:

(i) Public health, public safety, the general welfare, or property are at risk from or have been adversely affected by past mining practices.

(ii) The risks or adverse effects are at a stage when, in the public interest, actions described in this subsection should be taken.

(iii) The owners of the land or water resources that must be entered are not known or are not readily available or will not give permission for the department or its contractor to enter upon the property.

(b) The department or its contractor has given notice of the intended entry to the owners by mail, if the owners are known, or, if not known, by posting notice on the premises and advertising once in a newspaper of general circulation in the municipality where the property is located.

(3) Entry under subsection (1) or (2) is an exercise of the police power for the protection of the public health, public safety, and general welfare and not an act of condemnation of property or trespass.

(4) The money expended for the work under subsection (2) and the benefits accruing to the property entered upon are chargeable against the property and shall offset any claim in or any action brought by an owner of any interest in the property for damages allegedly caused by the entry. This subsection does not create new rights of action or eliminate existing immunities.

Sec. 63607. (1) The department may acquire by purchase, donation, or otherwise any interest in property that the director determines is necessary to fill voids, seal abandoned tunnels, shafts, and entryways, and reclaim surface impacts of underground or strip mines.

(2) If mine waste piles are being reworked for conservation purposes, the incremental costs of disposing of the wastes from those operations by filling voids and sealing tunnels may be eligible for funding under this part if the disposal of these wastes meets the purposes of this part.

Sec. 63609. If required as a condition of federal grants to the fund, the director shall report to the secretary of the interior on operations paid for with revenue from the fund. The report may include recommendations as to future uses of the fund.

Sec. 63611. The department may contract for work to be performed under this part, with or without advertising for bids, if the director determines that a condition exists that can reasonably be expected to cause substantial physical harm to individuals, property, or the environment and to which individuals or improvements on real property are currently exposed.

Sec. 63613. The department may engage in cooperative projects under this part with any agency of the United States, any other state, or their governmental agencies or with any institution of higher education described in or established pursuant to section 4, 5, 6, or 7 of article VIII of the state constitution of 1963.

Sec. 63615. The department may promulgate rules to implement this part.

Enacting section 1. This amendatory act does not take effect unless both of the following bills of the 101st Legislature are enacted into law:

(a) Senate Bill No.____ or House Bill No. 6254 (request no. 03615'21).

(b) Senate Bill No.____ or House Bill No. 6255 (request no. 06211'22).