HOUSE BILL No. 5889


     June 20, 2000, Introduced by Rep. Bradstreet and referred to the committee on Conservation and Outdoor Recreation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 502a (MCL 324.502a), as added by 1998 PA

   114.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 502a.  (1) Upon petition by a person, recommendation of

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      the department, or its own motion, the commission shall place on

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      its agenda at an upcoming meeting of the commission the question

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      of designation of a state land reserve.  The petition, recommen-

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      dation, or motion shall include the land proposed for inclusion

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      within the state land reserve and a rationale for its inclusion.

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      A tract of land is eligible for commission consideration for des-

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      ignation as a state land reserve if it includes at least 640

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      contiguous acres of state owned land and contains 1 or more of

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      the following:


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           (a) A critical dune as regulated under part 353.

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           (b) A high-risk area regulated under part 323.

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           (c) A wetland regulated under part 303.

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           (d) An endangered species protected under part 365.

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           (e) A wilderness area or natural area regulated under part

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      351.

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           (f) A natural river regulated under part 305.

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           (g) Any other significant surface or subsurface natural fea-

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      ture or area of environmental sensitivity.

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           (2) Prior to making its recommendation on the designation of

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      a state land reserve, the commission shall receive public testi-

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      mony on the issue.  After considering the public testimony, the

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      commission shall issue a written recommendation to the legisla-

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      ture on whether or not the commission believes a state land

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      reserve should be designated.  In making its recommendation, the

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      commission shall consider the need for a buffer zone surrounding

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      the land to eliminate the potential drainage of oil and gas.  The

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      commission may expand or restrict the land area proposed for the

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      state land reserve.  The commission shall include with the recom-

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      mendation a rationale for its recommendation.

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           (3) Upon receipt of a recommendation from the commission

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      under subsection (2), a member of the legislature may offer a

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      resolution to create a state land reserve pursuant to section 5

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      of article X of the state constitution of 1963.  The resolution

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      is not required to conform to the recommendation of the

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      commission.  When considering this resolution, the legislature





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      shall also consider the need for a buffer zone surrounding the

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      land to eliminate the potential drainage of oil and gas.

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           (4) If the legislature adopts the resolution under subsec-

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      tion (3) by 2/3 of the members elected to and serving in each

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      house, a state land reserve is designated.  Pursuant to section 5

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      of article X of the state constitution of 1963, land within a

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      state land reserve shall not be removed from the reserve, sold,

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      leased, or otherwise disposed of except by a resolution of the

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      legislature.

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           (5) Upon designation of a state land reserve under subsec-

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      tion (4), the department shall attempt to purchase, trade, or

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      otherwise acquire any holdings within the contiguous area of the

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      state land reserve that improve ownership patterns, including any

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      severed mineral rights.  The owner of an inholding described in

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      this subdivision who offers that land or interest in that land

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      for sale or lease, if that land transfer is subject to the state

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      transfer tax, shall first offer that land or interest in land to

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      the state and shall give the state a right of first refusal. 





















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