SENATE BILL No. 39

 

 

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.