January 27, 2015, Introduced by Senators CASPERSON and BOOHER and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 503, 504, 2104, 2106, 2126, 2130, 2131, 2132,
2136, 52501, 52503, and 52506 (MCL 324.503, 324.504, 324.2104,
324.2106, 324.2126, 324.2130, 324.2131, 324.2132, 324.2136,
324.52501, 324.52503, and 324.52506), section 503 as amended by
2012 PA 294, section 504 as amended by 2009 PA 47, section 2104 as
amended by 1998 PA 28, sections 2106, 2130, and 2136 as added by
1995 PA 60, section 2126 as amended by 2011 PA 323, sections 2131
and 2132 as amended by 2012 PA 622, and section 52501 as amended
and sections 52503 and 52506 as added by 2004 PA 125, and by adding
sections 514, 2137, and 72117.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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.
(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 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. This prohibition applies under any of the following
circumstances:
(a) Beginning May 1, 2019 and every 5 years thereafter, until
legislation is enacted approving the most recent strategic plan
required under subsection (10).
(b) If any payment under subpart 13 or 14 of part 21 or
section 51106 is not made in full and on time, until December 31 of
that year, or until full payment is made, whichever occurs later.
(4)
Beginning May 1, 2015, the 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.This
prohibition applies under any of the following circumstances:
(a) Beginning May 1, 2019 and every 5 years thereafter, until
legislation is enacted approving the most recent strategic plan
required under subsection (10).
(b) If any payment under subpart 13 or 14 of part 21 or
section 51106 for land located north of the Mason-Arenac line is
not made in full and on time, until December 31 of that year, or
until full payment is made, whichever occurs later.
(5) For the purposes of subsections (3) and (4), the number of
acres of land in which the department owns surface rights does not
include 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 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.
(6) The department shall maintain a record of land as
described in subsection (5)(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.
(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, 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.
(8) The strategic plan shall do all of the following:
(a) Divide this state into regions.
(b)
Identify For each region,
identify by parcel lands managed
by
the department in each region.and
the authorized uses of those
lands.
(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, including removal of
gates, berms, and other human-made barriers.
(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.
(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.
(9) (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).
(10) (11)
Beginning July 2, 2020 By
October 1, 2018 and every
6
5 years thereafter, the department shall update the
strategic
plan and submit and post the updated plan in the manner provided in
subsection (7). At least 60 days before posting the updated plan,
the department shall prepare, submit, and post in the manner
provided in subsection (7) a report on progress toward the goals
set
forth pursuant to subsection (8)(c) in portions of this state
where,
subject to subsection (9), the plan is being implemented and
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.
(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 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). 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) (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.
(13) (14)
The department may appoint persons
to serve as
volunteers for the purpose of facilitating the responsibilities of
the department 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.
(14) (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 department shall provide that each
concession is awarded at least every 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 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.
(15) (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 the land is in production or is
leased or permitted for production, or when 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.
(16) (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.
(17) (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) (16) 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) "Strategic plan" or "plan" means the plan developed under
subsection (7), as updated under subsection (10), if applicable.
Sec.
504. (1) The Subject to
subsection (7), 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.
(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) Subject to subsection (6), the department shall promote
public enjoyment of this state's wildlife and other natural
resources by providing public access to all lands under the control
of the department for all natural resource dependent outdoor
recreation activities including motorized and nonmotorized
activities.
(6) Subsection (5) does not do any of the following:
(a) Invalidate a department rule or order regulating the use
of state park land in effect on the effective date of this
subsection.
(b) Require the department to authorize the use of an ORV, as
defined in section 81101, on surfaces other than forest roads,
forest trails, routes, or designated areas under part 811.
(7) The department shall not issue an order under subsection
(1) that limits the use of or access to any lands unless 1 or more
of the following apply:
(a) The lands were acquired with money appropriated from funds
made available to this state under the Pittman-Robertson wildlife
restoration act, 16 USC 669 to 669i, or the Dingell-Johnson sport
fish restoration act, 16 USC 777 to 777n.
(b) The lands were acquired with money from the game and fish
protection account established under section 2010 or the game and
fish protection fund formerly created in section 43553.
(c) The order is in response to an environmental or public
health emergency. An order authorized under this subdivision
expires 90 days after its effective date unless an earlier
expiration date is set forth in the order. The department shall not
reissue an order under this subdivision.
(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 effective upon posting.
(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. 514. (1) If an officer or employee of the department is
responsible for an act of trespass as described in section 552 of
the Michigan penal code, 1931 PA 328, MCL 750.552, committed in the
course of employment or service, the owner or lessee of the lands
or premises may recover, in a cause of action against the
department for $750.00 or actual property damages, whichever is
greater, and actual and reasonable attorney fees.
(2) Subsection (1) applies notwithstanding 1964 PA 170, MCL
691.1401 to 691.1419.
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 an application fee for a
proposed
sale of land under this section and the state land
proposed
for sale is sold to another party within 3 years after the
date
a completed application is received by the department, the
department
shall refund the application fee in full to the
applicant
if the applicant has informed the department of his or
her
current address.
(2) Effective 30 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 (3).
(3) If, before the expiration of the 30-day period under
subsection (2), 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 30-
day period under subsection (2) is tolled until the applicant
submits to the department the specified information, at which time
the application shall be considered to be complete.
(4) Within 90 days after the application is considered to be
complete, 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 reasons for the denial.
If the department fails to timely approve or deny the application,
the application shall be considered to be approved.
(5) The department may charge a fee for an application for the
exchange of state land only if the application is approved. The fee
shall not exceed the actual reasonable cost of processing an
application for an exchange of state land or $300.00, whichever is
less.
Sec.
2106. (1) 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.
(2) However, the department shall not designate land as
surplus only for the purpose of being exchanged for other land. If
land is designated as surplus, the department shall sell the land
for cash or exchange the land for other land of equal area or
approximately equal value that the department has designated for
acquisition, at the option of the person seeking to acquire the
surplus land. Upon request, the department shall consider the
exchange of land that is not designated as surplus land, applying
the same criteria as apply to the designation of land as surplus
land. Exchange of the land is subject to the same procedures as
apply to the exchange of surplus land under this subpart.
(3) 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 the requirements of subsection (2) and other
relevant requirements and procedures under this part.
(4) 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 of an easement under
section 2129. However, the department may charge a fee for an
application for the grant of an easement only if the application is
approved. The fee shall not exceed the actual reasonable cost of
processing an application for an easement or $300.00, whichever is
less.
Sec. 2130. (1) 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 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.
(2) This subpart does not limit the authority of the
department to sell or exchange land as provided in subpart 3.
Sec. 2131. (1) Except as otherwise provided in subsection (2)
or (3), the department may designate as surplus land any 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 department determines all of the following:
(a) That the sale will not materially diminish the quality or
utility of other state owned land adjoining the land to be sold.
(b) That the sale is not otherwise restricted by law.
(c)
That 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.
(ii) The land is occupied for a private use through inadvertent
trespass.
(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.
(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.
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. The department shall not reject an appraisal
from an appraiser who is included on a list of appraisers approved
by the department.
(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), subsections
(1) and (9), the
sale of surplus land through a public auction sale shall be to the
highest bidder.
(5) Effective 30 days after the department receives an
application to purchase surplus land, the application shall be
considered to be complete unless the department proceeds as
provided under subsection (6).
(6) If, before the expiration of the 30-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 30-
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.
(7) Within 90 days after the application is considered to be
complete, the department shall do 1 of the following:
(a) Approve the application and sell the land to the applicant
through a negotiated sale.
(b) Deny the application to purchase the land and notify the
applicant in writing. If the department denies the application, the
notice shall set forth the reasons for the denial.
(8) If the department fails to timely approve or deny the
application, the application shall be considered to be approved.
(9) If a person who submits an application to purchase land or
bids on land at a public auction owns land contiguous to the land
that the person seeks to purchase, offers fair market value for
that land, and is not a qualified conservation organization, the
department shall give preference to that person over other persons
who do not meet these criteria. This subsection does not apply
unless the fair market value of the land that the person seeks to
purchase is less than $250,000.00.
(10) The department may charge a fee for an application for
the purchase of surplus land only if the application is approved.
The fee shall not exceed the actual reasonable cost of processing
an application to purchase surplus land or $300.00, whichever is
less.
(11) (5)
A notice of the sale of surplus
land shall be given
as provided in section 2133.
(12) (6)
The proceeds from the sale of
surplus land shall be
deposited into the fund.
(13) (7)
Surplus land that is sold under
this subpart shall be
conveyed by quitclaim deed approved by the attorney general.
(14) (8)
Each application, as 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.
(15) The department shall not give preference to a qualified
conservation organization over another private entity or an
individual in the administration of this part.
Sec. 2136. (1) If land owned by this state, the federal
government, or qualified conservation organizations and land that
is commercial forestland as defined in section 51101 constitutes
33% or more of the land in a county or township, the department
shall not purchase land in that county or township unless the
purchase is approved by a resolution adopted by the legislative
body of the county, the township or city and, if applicable, the
village where the land is located.
(2) 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. Upon request, the department shall consider selling
land that is not designated as surplus land, applying the same
criteria as apply to the designation of land as surplus land. Sale
of the land is subject to the same procedures as apply to the sale
of surplus land under this subpart.
Sec. 52501. As used in this part:
(a) "Allowable sale quantity" or "ASQ" means the maximum
volume of timber that may be harvested from state forest every 10
state fiscal years.
(b) (a)
"Breast height" means 4.5
feet from highest ground at
the base of the tree.
(c) (b)
"Certification" means a
process where an independent
third party organization assesses and evaluates forest management
practices according to the standards of a certification program
resulting
in an the issuance of a certificate of compliance or
conformity.
(d) (c)
"Certification program"
means a program that develops
specific standards that measure whether forest management practices
are consistent with principles of sustainable forestry.
(e) (d)
"Conservation" means the
wise use of natural
resources.
(f) (e)
"Diameter class
specifications" means a classification
of trees based on the diameter at breast height.
(g) (f)
"Plan" means the forestry
development, conservation,
and recreation management plan for state forests as provided for in
section 52503.
(h) (g)
"Reforestation" means
adequate stocking of forestland
is assured by natural seeding, sprouting, suckering, or by planting
seeds or seedlings.
(i) (h)
"Residual basal area"
means the sum of the cross-
sectional area of trees 4 inches or greater in diameter measured at
breast height left standing within a stand after a harvest.
(j) (i)
"State forest" means
state land owned or controlled by
the department that is designated as state forest by the director.
(k) (j)
"Sustainable forestry"
means forestry practices that
are designed to meet present and future needs by employing a land
stewardship ethic that integrates the reforestation, managing,
growing, nurturing, and harvesting of trees for useful products
with the conservation of soil, air and water quality, wildlife and
fish habitat, and visual qualities.
Sec. 52503. (1) The department shall adopt a forestry
development, conservation, and recreation management plan for state
owned lands owned or controlled by the department. Parks and
recreation areas, state game areas, and other wildlife areas on
these lands shall be managed according to their primary purpose.
The department may update the plan as the department considers
necessary or appropriate. The plan and any plan updates shall be
consistent with section 52502 and shall be designed to assure a
stable, long-term, sustainable timber supply from the state forest
as a whole.
(2) The plan and any plan updates shall include all of the
following:
(a) An identification of the interests of local communities,
outdoor recreation interests, the tourism industry, and the forest
products industry.
(b)
An identification of the annual capability of the state
forest
and management goals based on that level of productivity.By
October 1, 2015, an allowable sale quantity for each forest
management area and for this state in total. The ASQ shall be
established based on accumulated growth and sustainable yields and
shall not exceed the sustainable growth rate. In establishing an
ASQ, the department may also consider physical, biological,
environmental, and recreational objectives for state forest.
(c) Beginning October 1, 2015, for each forest management area
and for this state, a minimum sale quantity for each of the next 10
state fiscal years necessary to achieve a harvest of at least 95%
of the allowable sale quantity for that forest management area and
for this state.
(d) Beginning October 1, 2015, management goals for each
forest management area based on the minimum sale quantities set
forth pursuant to subdivision (c).
(e) (c)
Methods to promote and encourage
the use of the state
forest for outdoor recreation, tourism, and the forest products
industry.
(f) (d)
A landscape management plan for the
state forest
incorporating biodiversity conservation goals, indicators, and
measures.
(g) (e)
Standards for sustainable forestry
consistent with
section 52502.
(h) (f)
An identification of
environmentally sensitive areas.
(i) (g)
An identification of the need for
forest treatments to
maintain and sustain healthy, vigorous forest vegetation and
quality habitat for wildlife and environmentally sensitive species.
Sec. 52506. By January 1 of each year, the department shall
prepare
and submit to the commission of natural resources
commission, the standing committees of the senate and the house of
representatives with primary jurisdiction over forestry issues, and
the senate and house appropriations committees a report that
details the following from the previous state fiscal year:
(a) The number of harvestable acres in the state forest, as
determined
by the certification program under section 52506.52505,
in each forest management area and for this state.
(b) The minimum sale quantity for the year and the allowable
sale quantity for each forest management area and for this state as
set forth in the state forestry development, conservation, and
recreation management plan under section 52503.
(c) (b)
The number of acres of the state
forest that were
harvested and the number of cords of wood that were harvested from
the state forest in each forest management area and in this state
in total.
(d) The number of acres of state forest that were not
harvested in each forest management area and in this state in
total, and the reasons the acreage was not harvested.
(e) (c)
The number of acres of state owned
lands owned or
controlled by the department other than state forestlands that were
harvested and the number of cords of wood that were harvested from
those lands in each forest management area and in this state in
total.
(f) The number of acres of state owned lands owned or
controlled by the department other than state forestlands that were
not harvested in each forest management area and in this state in
total, and the reasons the acreage was not harvested.
(g) (d)
Efforts by the department to
promote recreational
opportunities in the state forest.
(h) (e)
Information on the public's
utilization of the
recreational opportunities offered by the state forest.
(i) (f)
Efforts by the department to
promote wildlife habitat
in the state forest.
(j) (g)
The status of the plan and whether
the department
recommends any changes in the plan.
(k) (h)
Status of certification efforts
required in section
52505
and , beginning in 2006, a definitive statement of whether
the department is maintaining certification of the entire state
forest.
(i)
A description of any activities that have been undertaken
on
forest pilot project areas described in section 52511.
Sec. 72117. (1) Any road or trail approved, used, or developed
by the department for forest management purposes on lands owned or
controlled by the department shall remain open for motorized and
nonmotorized public use when timber is not being harvested. The
department shall not erect any gate, berm, or other barrier
limiting access to any such road or trail.
(2) In addition, the department shall seek to site roads and
trails needed for forest management purposes so that they serve as
connecting trails in the statewide trail network provided for in
section 72114.
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. 40
of the 98th Legislature is enacted into law.