SB-0302, As Passed Senate, June 12, 2018

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 302

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending the heading of subpart 1 of part 21 and sections 504,

1901, 1903, 2010, 2101, 2104, 2126, 2130, 2131, 2132, 2136, 40501,

52502, 52503, and 52506 (MCL 324.504, 324.1901, 324.1903, 324.2010,

324.2101, 324.2104, 324.2126, 324.2130, 324.2131, 324.2132,

324.2136, 324.40501, 324.52502, 324.52503, and 324.52506), section

504 as amended by 2009 PA 47, sections 1901, 2101, 2130, and 2136

as added by 1995 PA 60, section 1903 as amended by 2018 PA 166,

section 2010 as added by 2004 PA 587, section 2104 as amended by

1998 PA 28, section 2126 as amended by 2011 PA 323, sections 2131

and 2132 as amended by 2012 PA 622, section 40501 as amended by

2008 PA 416, and sections 52502, 52503, and 52506 as added by 2004

PA 125, and by adding sections 2132a, 2137, and 2138.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 504. (1) The department shall promulgate rules to protect

and preserve lands and other property under its control from

depredation, damage, or destruction or wrongful or improper use or

occupancy. Not more than 10 days after promulgating a rule under

this subsection, the department shall provide a copy of the rule to

the relevant legislative committees, as defined in section 503.

Within 6 months after the effective date of a rule promulgated

under this subsection that limits the use of or access to more than

500 acres of state forest, the department shall, if requested by

the chair of a relevant legislative committee, provide testimony to

the committee on the implementation and effects of the rule.

     (2) Subject to subsection (4), (3), 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 and fishing 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).

(3) (4) Subsections (2) and (3) do Subsection (2) does not

apply to commercial forestland as defined in section 51101.

     (4) The department is urged to promote public enjoyment of

this state's wildlife and other natural resources by providing

public access to lands under the control of the department for

outdoor recreation activities dependent on natural resources,

providing reasonable consideration for both motorized and

nonmotorized activities.

     (5) If the department receives a written resolution from a

recreational users organization or the legislative body of a local

unit of government requesting the removal of a berm, gate, or other

human-made barrier on land under the department's control, the

department shall notify the requestor in writing within 60 days of

1 of the following:

     (a) That the barrier will be removed. In this case, the

department shall remove the barrier within 180 days after receiving

the written request.

     (b) The reasons the department believes the barrier should not

be removed and the right of the recreational users organization or

local unit of government, within 21 days after the department sends

the written notice, to request in writing a public meeting on the

matter. If the recreational users organization or local unit of

government requests a public meeting as provided in this

subdivision, the department shall conduct a public meeting within

the city, village, or township where the barrier is located to

explain the department's position and receive comments on the

proposed removal. After the meeting, and within 180 days after

receiving the request to remove the barrier, the department shall

approve or deny the request and notify the requestor in writing. If

the request is denied, the notice shall include the reasons for

denial. If the request is approved, the department shall remove the

barrier as follows:

     (i) Unless subparagraph (ii) applies, within 180 days after

the public meeting.

     (ii) Within 30 days, if the recreational users organization or

legislative body requesting the removal of the barrier agrees with

the department to remove the barrier under the department's

oversight and at the requestor's expense.

     (c) That the department will not consider the request. The

department is not required to consider the request if, within the

3-year period preceding the receipt of the request, the department

received another request for removal of the barrier and acted or is

acting on the request under subdivision (a) or (b). The notice

under this subdivision shall explain why the request is not being

considered and specify the date after which the department is

required, if the barrier has not already been removed, to consider

a new request.

     (6) Upon request from a local unit of government, the

department shall work with the local unit to allow use of state

land managed by the department and located within the local unit

that will benefit the local community by increasing outdoor

recreation opportunities and expanding access to and appropriate

use of the natural resources and outdoors. The department may

charge the local unit a reasonable fee for the use that does not

exceed the costs incurred by the department for the use.

     (7) (5) This section does not authorize the department to

promulgate a rule that applies to commercial fishing except as

otherwise provided by law.

(8) (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.

(9) (7) The department shall issue orders necessary to

implement rules promulgated under this section. These orders shall

be The orders are effective upon posting.

     (10) In issuing an order under subsection (9), the department

shall comply with the following procedures in a manner that ensures

adequate public notice and opportunity for public comment:

     (a) The department shall prepare the order after considering

comments from department field personnel.

     (b) The department shall conduct a public meeting and

otherwise provide an opportunity for public comment on the order.

     (c) Commencing at least 30 days before the first meeting and

continuing through the public comment period under subdivision (b),

the natural resources commission shall include the order on a

public meeting agenda and the department shall post the order on

its website. If the order will result in a loss of public land open

to hunting, the agenda and website posting shall specify the number

of acres affected.

     (d) Not less than 30 days before issuance of an order, the

department shall provide a copy of the order to the relevant

legislative committees. This subdivision does not apply to an order

that does not alter the substance of a lawful provision that exists

in the form of a statute, rule, regulation, or order at the time

the order is prepared.

     (11) Subsection (10) does not apply to an order for emergency

management purposes that is in effect for 90 days or less.

     (12) If an order limits the use of or access to more than 500

acres of state forest, the department shall provide a copy of the

order to the relevant legislative committees not more than 10 days

after the order is issued. If requested by the chair of a relevant

legislative committee, the department shall provide testimony on

the implementation and effects of such an order at a committee

hearing held within 6 months after the effective date of the order.

     (13) The department may revise an order issued pursuant to

subsection (9). The revision is subject to subsections (10) to

(12), as applicable.

(14) (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.

     (15) As used in this section, "relevant legislative

committees" means that term as defined in section 503.

     Sec. 1901. As used in this part:

     (a) "Board" means the Michigan natural resources trust fund

board established in section 1905.

     (b) "Economic development revenue bonds (oil and gas

revenues), series 1982A, dated December 1, 1982" includes bonds

refunding these bonds, provided that any refunding bonds mature no

later than September 1, 1994.

(b) (c) "Local unit of government" or "local unit" means a

county, city, township, village, school district, the Huron-Clinton

metropolitan authority, or any authority composed of counties,

cities, townships, villages, or school districts, or any

combination thereof, which authority is and legally constituted to

provide public recreation.

     (d) "Total expenditures" means the amounts actually expended

from the trust fund as authorized by section 1903(1) and (2).

(c) (e) "Trust fund" means the Michigan natural resources

trust fund established in section 35 of article IX of the state

constitution of 1963.

     Sec. 1903. (1) Subject to the limitations of this part and of

section 35 of article IX of the state constitution of 1963, the

interest and earnings of the trust fund in any 1 state fiscal year

may be expended in subsequent state fiscal years only for the

following purposes:

     (a) The acquisition of land or rights in land for recreational

uses or protection of the land because of its environmental

importance or its scenic beauty.

     (b) The development of public recreation facilities.

     (c) The administration of the fund, including payments in lieu

of taxes on state-owned land purchased through the trust fund. The

legislature shall make appropriations from the trust fund each

state fiscal year to make full payments in lieu of taxes on state-

owned land purchased through the trust fund, as provided in section

2154.

     (2) An expenditure from the trust fund may be made in the form

of a grant to a local unit of government or public authority,

subject to all of the following conditions:

     (a) The grant is used for the purposes described in subsection

(1).

     (b) The grant is matched by the local unit of government or

public authority with at least 25% of the total cost of the

project.

     (3) Not less than 25% of the total amounts made available for

expenditure from the trust fund from any state fiscal year shall be

expended for acquisition of land and rights in land, and not more

than 25% of the total amounts made available for expenditure from

the trust fund from any state fiscal year shall be expended for

development of public recreation facilities.

     (4) If property that was acquired with money from the trust

fund is subsequently sold or transferred by this state to a

nongovernmental entity, this state shall forward to the state

treasurer for deposit into the trust fund an amount of money equal

to the following:

     (a) If the property was acquired solely with trust fund money,

the greatest of the following:

     (i) The net proceeds of the sale.

     (ii) The fair market value of the property at the time of the

sale or transfer.

     (iii) The amount of money that was expended from the trust

fund to acquire the property.

     (b) If the property was acquired with a combination of trust

fund money and other restricted funding sources governed by federal

or state law, an amount equal to the percentage of the funds

contributed by the trust fund for the acquisition of the property

multiplied by the greatest of the amounts under subdivision (a)(i),

(ii), and (iii).

     (5) This part is subject to section 2132a.

     Sec. 2010. (1) The game and fish protection account is

established as an account within the legacy fund.

     (2) The game and fish protection account shall consist of both

all of the following:

     (a) All money in the game and fish protection fund, formerly

created in section 43553, immediately prior to the effective date

of the amendatory act that added this section, which money is

hereby transferred to the game and fish protection account.

     (b) Revenue from the following sources:

(a) (i) Revenue derived from hunting and fishing licenses,

passbooks, permits, fees, concessions, leases, contracts, and

activities.

(b) (ii) Damages paid for the illegal taking of game and fish.

(c) (iii) Revenue derived from fees, licenses, and permits

related to game, game areas, and game fish.

(d) (iv) Other revenues as authorized by law.

     (3) Money in the game and fish protection account shall be

expended, upon appropriation, only as provided in part 435 and for

the administration of the game and fish protection account, which

may include payments in lieu of taxes on state owned state-owned

land purchased through the game and fish protection account or

through the former game and fish protection fund. The department

shall manage land acquired with money from the game and fish

protection account or the former game and fish protection fund

through the use of scientific game species management for the

primary purpose of managing habitat and thereby enhancing

recreational hunting opportunities. Unless the department can

demonstrate that the expenditure is for that primary purpose, and

benefits to nongame species are a result of that primary purpose,

both of the following apply:

     (a) Money in the game and fish protection account shall not be

expended for management of nongame species.

     (b) Forest treatments on lands acquired with money from the

game and fish protection account or the former game and fish

protection fund shall not be undertaken to benefit nongame species.

     (4) Money in the game and fish protection account may be

expended pursuant to subsection (3) for grants to state colleges

and universities to implement programs funded by the game and fish

protection account if the department does not have the appropriate

staff or other resources to implement the programs itself.

                              SUBPART 1

             SALE OR LEASE OF STATE LANDS FOR PUBLIC PURPOSES

     Sec. 2101. (1) The department may sell sites tax reverted

state lands under its control to school districts, and to churches

and sell lands for public purposes other religious organizations,

to public educational institutions ; for public purposes, to the

United States, ; and to governmental units of the this state and to

agencies thereof. from tax reverted state lands under the control

of the department, The lands shall be sold at a price fixed by a

formula determined by the state tax commission. determined by an

appraisal, subject to section 2132a. The department may transfer

jurisdiction of tax reverted state lands for public purposes to any

department, board, or commission of the this state. The application

for the purchase or transfer of tax reverted state lands shall be

made by the proper officers of a school district, church or other

religious organization, public educational institution, the United

States, or governmental unit , or agency , department, board, or

commission thereof upon forms prepared and furnished by the

department for that purpose.

     (2) The department may sell tax reverted lands to any agency

entity described in subsection (1), and the transfer of the lands

is not subject to a reverter clause. If a conveyance or transfer of

lands is made to a governmental unit without a reverter clause, the

department may convey or transfer the lands at an appraisal value

as a price determined by the state tax commission an appraisal,

subject to section 2132a, or at a nominal fee that includes any

amount paid by the department for maintaining the lands in a

condition that is protective of the public health and safety. If

lands are conveyed or transferred for a nominal fee and are

subsequently sold by the governmental unit for a valuable

consideration, the proceeds from such a sale, after deducting the

fee and any amount paid by the local governmental units for

maintaining the lands in a condition that is protective of the

public health and safety, shall be accounted for paid to the state,

county, township, and school district in which the lands are

situated pro rata according to their several interests in the lands

arising from the nonpayment of taxes and special assessments on the

lands as the interest appears in the offices of the state treasurer

or county, city, or village treasurers.treasurer.

     Sec. 2104. (1) Any of the lands under the control of the

department, the title to which is in this state, and which may be

sold and conveyed or are a part of the state lands, as well as

lands later acquired by this state, or any part or portion of those

lands, may be exchanged for lands of equal area or approximately

equal value belonging to the United States or owned by private

individuals if in the opinion of the department it is in the

interest of the this state to do so.

     (2) If the department charges charged an application fee for a

proposed sale of land under this section and the state land

proposed for sale is instead sold to another party within 3 years

after the date a completed application is was received by the

department from the prior applicant, the department shall refund

the application fee in full to the prior applicant if the prior

applicant has informed the department of his or her current

address.

     (3) Effective 60 days after the department receives an

application from a private individual to exchange that individual's

land for surplus state land, the application shall be considered to

be complete unless the department proceeds as provided under

subsection (4).

     (4) If, before the expiration of the 60-day period under

subsection (3), the department notifies the applicant, in writing,

that the application is not complete, specifying the information

necessary to make the application complete, or that the fee

required under subsection (6) has not been paid, specifying the

amount due, the running of the 60-day period under subsection (3)

is tolled until the applicant submits to the department the

specified information or fee amount due, at which time the

application shall be considered to be complete.

     (5) Within 180 days after the application is complete, or a

later date agreed to by the applicant and the department, the

department shall approve or deny the application and notify the

applicant in writing. If the department denies the application, the

notice shall set forth the specific reasons for the denial.

     (6) The department shall charge a fee for an application for

the exchange of state land. The fee shall be $300.00 plus, if the

state land is more than 300 acres in size, the actual reasonable

cost of processing the application.

     Sec. 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.subpart 9. However, the department may charge a fee

for an application for the grant of an easement under this subpart.

The fee shall not exceed the actual reasonable cost of processing

an application for an easement or $300.00, whichever is less.

     Sec. 2130. As used in this subpart:

     (a) "Board" means the Michigan natural resources trust fund

board established in part 19.section 1905.

     (b) "Fund", unless the context implies otherwise, means the

land exchange facilitation and management fund created in section

2134.

     (c) "Land" includes lands, tenements, and real estate and

rights to and interests in lands, tenements, and real estate.

     Sec. 2131. (1) Except as otherwise provided in Subject to

subsection (2), or (3), the department may designate as surplus

land any state owned state-owned land that is under the control of

the department and that has been dedicated for public use and may,

on behalf of the this state, sell that land if the sale is not

otherwise prohibited by law and the department determines has

considered all of the following:

     (a) That Whether the sale will not materially diminish the

quality or utility of other state owned state-owned land adjoining

the land to be sold.

     (b) That the sale is not otherwise restricted by law.

(b) (c) That Whether the sale is in the best interests of the

this state, giving due regard to the variety, use, and quantity of

lands then under the control of the department.

     (d) That 1 or more of the following conditions are met:

     (i) The land has been dedicated for public use for not less

than 5 years immediately preceding its sale and is not needed to

meet a department objective.

(c) (ii) The land is occupied for a private use through

Whether the sale will resolve an inadvertent trespass.

(d) (iii) The Whether the sale will promote the development of

the forestry or forest products industry or the mineral extraction

and utilization industry or other economic activity in this state.

     (2) The department shall not authorize the sale of surplus

land as provided in subsection (1) if the proceeds from the sale of

the land will cause the balance of the fund to exceed

$25,000,000.00.

(2) (3) Except as provided in section 74102b, the department

shall not designate as surplus land any land within a state park,

or state recreation area, state fish hatchery, state game area, or

state public boating access site.

     Sec. 2132. (1) Subject to subsection (2), the department may

sell surplus land at a price established using the method that the

department determines to be most appropriate, such as any of the

following:

     (a) Appraisal, subject to section 2132a.

     (b) Appraisal consulting.

     (c) A schedule adopted by the department for pricing property

with uniform characteristics and low utility.

     (d) The true cash value of nearby land as determined by the

local assessor.

     (2) If the department offers tax reverted land for sale and

the land is not sold within 9 months, the department may sell the

land to a qualified buyer who submits an offer that represents a

reasonable price for the property as determined by the department.

     (3) The sale of surplus land shall be conducted by the

department through 1 of the following methods:

     (a) A public auction sale.

     (b) A negotiated sale.

     (4) Subject to subsection (1), the sale of surplus land

through a public auction sale shall be to the highest bidder.

     (5) Effective 60 days after the department receives an

application to purchase surplus land through a negotiated sale, the

application shall be considered to be complete unless the

department proceeds as provided under subsection (6).

     (6) If, before the expiration of the 60-day period under

subsection (5), the department notifies the applicant, in writing,

that the application is not complete, specifying the information

necessary to make the application complete, or that the fee

required under subsection (8) has not been paid, specifying the

amount due, the running of the 60-day period under subsection (5)

is tolled until the applicant submits to the department the

specified information or fee amount due, at which time the

application shall be considered to be complete. Notice under this

subsection shall include a statement of the requirements of

subsection (12).

     (7) Within 180 days after the application is considered to be

complete, or a later date agreed to by the applicant and the

department, the department shall approve or deny the application

and notify the applicant in writing. If the department denies the

application, the notice shall set forth the specific reasons for

the denial.

     (8) The department shall charge a fee for an application for

the purchase of surplus land. The fee shall be $300.00 plus, if the

surplus land is more than 300 acres in size, the actual reasonable

cost of processing the application.

(9) (5) A notice of the sale of surplus land shall be given as

provided in section 2133.2165.

(10) (6) The proceeds from the sale of surplus land shall be

deposited into the fund.

(11) (7) Surplus land that is sold under this subpart shall be

conveyed by quitclaim deed approved by the attorney general.

(12) (8) Each application, as may be later amended or

supplemented, submitted by a private person under subsection (3)(b)

for the purchase of the land identified in that application as a

prospect for purchase , shall be considered and acted upon by the

department to final decision , before any other application

submitted at a later date by a different private person for the

purchase or exchange of the same land. However, if an application

is not completed or the fee under subsection (8) is not paid within

60 days after the department notifies the applicant under

subsection (6) that the application is incomplete or that the fee

has not been paid, the department shall consider and act upon to

final decision an application submitted at a later date that is

completed and for which the fee has been paid before that

previously submitted application.

     (13) In a land transaction, the department may give preference

to a local unit of government but shall not give preference to any

other person.

     Sec. 2132a. If land is proposed for purchase or sale by or

exchange with the department under this act based on its appraised

value, if 2 or more appraisals of the land that meet department

standards are made on behalf of the parties to the proposed

transaction, and if the high appraisal is less than 10% higher than

the low appraisal, the accepted value for purposes of the purchase,

sale, or exchange shall be the average of all the appraised values.

If the high appraisal is at least 10% higher than the low

appraisal, the parties may agree upon a new appraiser, whose

appraisal, or determination based on review of the existing

appraisals, shall be the accepted value for purposes of the

purchase, sale, or exchange. The department is responsible for the

new appraiser's fee.

     Sec. 2136. This subpart does not limit the authority of the

department to do 1 or both of the following:

     (a) To exchange land as provided in subpart 3.

     (b) To sell land as provided in the general property tax act,

Act No. 206 of the Public Acts of 1893, being sections 211.1 to

211.157 of the Michigan Compiled Laws.

     Sec. 2137. (1) Upon request, the department shall consider

selling or exchanging land that is not designated as surplus land.

The sale or exchange of the land is subject to the same procedures

as apply to the sale of land that is designated as surplus land

under this subpart.

     (2) Subsection (1) does not apply to land in a state park,

state recreation area, state fish hatchery, state game area, or

state public boating access site. Subsection (1) does not apply to

a request to sell land if the request meets the requirements of

section 2138.

     Sec. 2138. (1) Upon request, the department shall consider

selling or leasing land if both of the following requirements are

met:

     (a) The prospective buyer or lessee is an existing business

located adjacent to state land and is limited from expansion

because of adjacent state land.

     (b) The sale or lease will result in a net economic benefit or

other benefit for a local unit of government or region.

     (2) The department shall give notice of the proposed sale or

lease of the land as provided in section 2165.

     (3) In making its decision on the request under subsection

(1), the department shall consider both of the following:

     (a) Any comments on the proposed sale or lease from local

units of government or other persons.

     (b) The impact on natural resources and outdoor recreation in

this state, giving due regard to the variety, use, and quantity of

lands then under control of the department.

     (4) The price for sale of the land shall be established using

a method determined appropriate by the department and agreed to by

the applicant, such as those listed in section 2132(1).

     (5) Proceeds from sale of the land shall be deposited in the

fund that provided the revenue for the acquisition of the land by

the department. If there is more than 1 such fund, the revenue

shall be deposited in the funds in amounts proportionate to their

respective contributions for the department's acquisition of the

land. To the extent that the land was in whole or in part acquired

other than with restricted fund revenue, a proportionate amount of

proceeds of the sale of the land shall be deposited in the land

exchange facilitation and management fund created in section 2134.

     Sec. 40501. The department shall perform such acts as may be

necessary to conduct and establish wildlife restoration,

management, and research projects and areas in cooperation with the

federal government under the Pittman-Robertson wildlife restoration

act, 16 USC 669 to 669i, and regulations promulgated by the United

States secretary of the interior under that act. In compliance with

that act, funds accruing to this state from license fees paid by

hunters shall not be used for any purpose other than game and fish

activities under the administration of the department. The

department shall manage land acquired with money received under the

Pittman-Robertson wildlife restoration act, 16 USC 669 to 669i, to

manage game and fish habitat or to increase recreational hunting,

fishing, and shooting opportunities. Expenditures to enhance game

and fish habitat must be primarily for the management of game

species, but may benefit nongame species.

     Sec. 52502. (1) The department shall manage the state forest

in a manner that is consistent with principles of sustainable

forestry. and in doing so

     (2) In fulfilling the requirements of subsection (1), the

department shall do all of the following:

     (a) Manage forests with consideration of its their economic,

social, and environmental values by doing all of the following:

     (i) Broaden Broadening the implementation of sustainable

forestry by employing an array of economically, environmentally,

and socially sound practices in the conservation of forests, using

the best scientific information available.

     (ii) Promote Promoting the efficient utilization of forest

resources.

     (iii) Broaden Broadening the practice of sustainable forestry

by cooperating with forestland owners, wood producers, and

consulting foresters.

     (iv) Plan and manage plantations in accordance with

sustainable forestry principles and in a manner that complements

the management of and promotes the restoration and conservation of

natural forests.

     (iv) Where appropriate, promoting working forests for the

production of forest products and ecological value.

     (v) Actively managing for enhanced wildlife habitat.

     (b) Conserve and protect forestland by doing all of the

following:

     (i) Ensure Ensuring long-term forest productivity and

conservation of forest resources through prompt reforestation, soil

conservation, afforestation, and other measures.

     (ii) Protect Protecting the water quality in streams, lakes,

and other waterbodies water bodies in a manner consistent with the

department's best management practices for water quality.

     (iii) Manage Managing the quality and distribution of wildlife

habitats, and contribute contributing to the conservation of

biological diversity, by developing and implementing stand and

landscape-level measures that promote habitat diversity and the

conservation of forest plants and animals, including aquatic flora

and fauna and unique ecosystems, while giving due consideration to

loss of economic values.

     (iv) Protect forests Managing forests to mitigate or minimize

impacts from wildfire, pests, diseases, and other damaging agents.

     (v) Manage Managing areas of ecologic, geologic, cultural, or

historic significance in a manner that recognizes their special

qualities.

     (vi) Manage Managing activities in high conservation value

forests by maintaining or enhancing the attributes that define such

those forests, while giving due consideration to loss of economic

values.

     (c) Communicate to the public by doing all of the following:

     (i) Publicly report reporting the department's progress in

fulfilling its commitment to sustainable forestry.

     (ii) Informing the public of the positive aspects of managed

forests.

(iii) (ii) Provide Providing opportunities for persons to

participate in the commitment to sustainable forestry.

(iv) (iii) Prepare, implement, and keep Preparing,

implementing, and keeping current a management plan that clearly

states the long-term objectives of management and the means of

achieving those objectives.

     (d) Monitor forest management by promoting Promote continual

improvement in the practice of sustainable forestry and monitoring,

measuring, and reporting monitor, measure, and report performance

in achieving the commitment to sustainable forestry.

     (e) Consider the local community surrounding state forestland

by doing both of the following:

     (i) Require Requiring that forest management plans and

operations comply with applicable federal and state laws.

     (ii) Require Requiring that forest management operations

maintain or enhance the long-term social and economic well-being of

forest workers and local communities.

     Sec. 52503. (1) The department shall adopt a forestry

development, conservation, and recreation management plan for state

owned 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 Subject to subsection (2)(g), 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 ensure 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.

     (b) (c) Methods to promote and encourage the use of the state

forest for outdoor recreation, tourism, and the forest products

industry.

(c) (d) A landscape management plan for the state forest

incorporating biodiversity conservation goals, indicators, and

measures.

(d) (e) Standards for sustainable forestry consistent with

section 52502.

(e) (f) An identification of environmentally sensitive areas.

(f) (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.

     (g) Yearly harvest objectives for all state forest land by

forest region for a 10-year period. At least every 5 years, the

department shall review the yearly harvest objectives. At least

once every 10 years, the department shall update the yearly harvest

objectives for all state forest land for a 10-year period. The

department shall post and maintain the current yearly harvest

objectives on the department's website. The harvest objectives for

each forest region shall not exceed the sustainable yields. In

setting harvest objectives, the department may consider physical,

biological, environmental, and recreational objectives.

     (3) Beginning October 1, 2018 and each year thereafter, the

department shall prepare for sale a minimum of 90% of the yearly

statewide harvest objective.

     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.from

information in the state forest management plan under section

52503.

     (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.

     (c) The number of acres of state owned state-owned lands owned

or controlled by the department other than state forestlands forest

that were harvested and the number of cords of wood that were

harvested from those lands.

     (d) Efforts by the department to promote recreational

opportunities in the state forest.

     (e) Information on the public's utilization of the

recreational opportunities offered by the state forest.

     (f) Efforts by the department to promote wildlife habitat in

the state forest.

     (g) The status of the plan and whether the department

recommends any changes in the plan.

     (h) Status The 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.

     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 all of the following bills of the 99th Legislature are

enacted into law:

     (a) Senate Bill No. 303.

     (b) House Bill No. 4475.