SB-1094, As Passed Senate, May 24, 2006
SUBSTITUTE FOR
SENATE BILL NO. 1094
A bill to make appropriations for the department of natural
resources for the fiscal year ending September 30, 2007; to provide
for the expenditure of those appropriations; to create funds and
accounts; to require reports; to prescribe certain powers and
duties of certain state agencies and officials; to authorize
certain transfers by certain state agencies; and to provide for the
disposition of fees and other income received by the various state
agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part are appropriated for the department of
Senate Bill No. 1094 as amended May 24, 2006
natural resources for the fiscal year ending September 30, 2007,
from the funds indicated in this part. The following is a summary
of the appropriations in this part:
DEPARTMENT OF NATURAL RESOURCES
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,086.4
GROSS APPROPRIATION.................................... $ <<290,563,200>>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 3,765,900
ADJUSTED GROSS APPROPRIATION........................... $ <<286,797,300>>
Federal revenues:
Total federal revenues................................. 42,964,300
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 3,125,100
Total other state restricted revenues.................. <<215,915,400>>
State general fund/general purpose..................... $ 24,792,500
FUND SOURCE SUMMARY:
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,086.4
GROSS APPROPRIATION.................................... $ <<290,563,200>>
Interdepartmental grant revenues:
IDG, engineering services to work orders............... 1,904,700
IDG, land acquisition services to work orders.......... 414,800
IDG, MacMullan conference center revenue............... 1,446,400
Total interdepartmental grants and intradepartmental
Senate Bill No. 1094 as amended May 24, 2006
transfers............................................ 3,765,900
ADJUSTED GROSS APPROPRIATION........................... $ <<286,797,300>>
Federal revenues:
DAG, federal........................................... 7,237,800
DAG, timber revenue.................................... 3,300,000
DHS-USCG, federal...................................... 5,743,300
DOC, federal........................................... 69,200
DOE, federal........................................... 1,000
DOI, federal........................................... 24,084,400
DOI, oil and gas royalty revenue....................... 150,000
DOT, federal........................................... 2,100,000
EPA, federal........................................... 278,600
Total federal revenues................................. 42,964,300
Special revenue funds:
Private funds.......................................... 2,625,100
Private - gift revenues................................ 500,000
Total private revenues................................. 3,125,100
Aircraft fees.......................................... 252,700
Air photo fees - geographic information system......... 34,300
Cervidae licensing and inspection fees................. 95,700
Clean Michigan initiative fund......................... 56,000
Clean Michigan initiative - clean water fund........... 2,000,000
Commercial forest fund................................. 49,600
Forest development fund................................ 34,605,000
Forestland user charges................................ 326,500
Forest recreation fund................................. 1,439,500
Game and fish protection fund.......................... 64,665,900
Senate Bill No. 1094 as amended May 24, 2006
Game and fish protection fund - deer habitat reserve... 2,565,400
Game and fish protection fund - fisheries settlement... 964,700
Game and fish protection fund - turkey permit fees..... 1,751,600
Game and fish protection fund - waterfowl fees......... 106,100
Game and fish - wildlife resource protection fund...... 1,643,200
Game and fish protection fund - youth hunting and
fishing education and outreach fund.................. 27,700
Harbor development fund................................ 290,100
Land exchange facilitation fund........................ 6,086,700
Marine safety fund..................................... 4,716,000
Michigan civilian conservation corps endowment fund.... 1,137,300
Michigan natural resources trust fund.................. 3,095,000
Michigan state parks endowment fund.................... 12,974,000
Michigan state waterways fund.......................... <<16,689,600>>
Nongame wildlife fund.................................. 696,100
Off-road vehicle trail improvement fund................ 4,297,400
Park improvement fund.................................. 41,173,600
Publications revenue................................... 900
Recreation improvement fund............................ 1,463,200
Safety education fund.................................. 211,000
Shop fees.............................................. 66,300
Snowmobile registration fee revenue.................... 2,258,200
Snowmobile trail improvement fund...................... 9,926,100
Sportsmen against hunger fund.......................... 250,000
Total other state restricted revenues.................. <<215,915,400>>
State general fund/general purpose..................... $ 24,792,500
Sec. 102. EXECUTIVE
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 45.6
Commission (including travel expense--per diem)........ $ 91,300
Unclassified salaries--6.0 FTE positions............... 416,500
Communications--33.6 FTE positions..................... 3,615,700
Executive direction--12.0 FTE positions................ 2,128,000
Project F.I.S.H........................................ 25,000
GROSS APPROPRIATION.................................... $ 6,276,500
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue............... 23,100
Special revenue funds:
Aircraft fees.......................................... 500
Air photo fees - geographic information system......... 1,100
Forest development fund................................ 322,600
Forestland user charges................................ 6,500
Forest recreation fund................................. 27,300
Game and fish protection fund.......................... 1,822,600
Game and fish protection fund - deer habitat reserve... 37,200
Game and fish protection fund - fisheries settlement... 10,200
Game and fish protection fund - turkey permit fees..... 15,900
Game and fish protection fund - waterfowl fees......... 900
Game and fish - wildlife resource protection fund...... 15,600
Game and fish protection fund - youth hunting and
fishing education and outreach fund.................. 27,700
Harbor development fund................................ 600
Land exchange facilitation fund........................ 63,600
Marine safety fund..................................... 29,100
Michigan civilian conservation corps endowment fund.... 2,600
Michigan natural resources trust fund.................. 32,100
Michigan state parks endowment fund.................... 130,100
Michigan state waterways fund.......................... 278,400
Nongame wildlife fund.................................. 11,000
Off-road vehicle trail improvement fund................ 23,400
Park improvement fund.................................. 2,393,100
Publications revenue................................... 500
Recreation improvement fund............................ 13,000
Snowmobile registration fee revenue.................... 4,400
Snowmobile trail improvement fund...................... 46,200
State general fund/general purpose..................... $ 937,200
Sec. 103. ADMINISTRATIVE SERVICES
Full-time equated classified positions........... 81.0
Budget and support services--10.0 FTE positions........ $ 1,006,700
Financial services--27.0 FTE positions................. 2,670,200
Grants management--15.0 FTE positions.................. 1,317,400
Human resources--21.0 FTE positions.................... 2,193,600
Human resources optimization user charges.............. 158,700
Internal audit--8.0 FTE positions...................... 849,200
GROSS APPROPRIATION.................................... $ 8,195,800
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue............... 14,800
Federal revenues:
DOI, federal........................................... 355,400
Special revenue funds:
Aircraft fees.......................................... 3,200
Air photo fees - geographic information system......... 3,500
Clean Michigan initiative fund......................... 56,000
Commercial forest fund................................. 1,800
Forest development fund................................ 992,300
Forestland user charges................................ 1,000
Forest recreation fund................................. 81,100
Game and fish protection fund.......................... 1,602,400
Game and fish protection fund - deer habitat reserve... 53,800
Game and fish protection fund - fisheries settlement... 21,400
Game and fish protection fund - turkey permit fees..... 32,600
Game and fish protection fund - waterfowl fees......... 4,500
Game and fish - wildlife resource protection fund...... 35,000
Harbor development fund................................ 7,000
Land exchange facilitation fund........................ 74,400
Marine safety fund..................................... 167,400
Michigan civilian conservation corps endowment fund.... 49,100
Michigan natural resources trust fund.................. 811,000
Michigan state parks endowment fund.................... 204,000
Michigan state waterways fund.......................... 473,700
Nongame wildlife fund.................................. 23,100
Off-road vehicle trail improvement fund................ 68,600
Park improvement fund.................................. 1,509,600
Publications revenue................................... 400
Recreation improvement fund............................ 20,500
Safety education fund.................................. 2,500
Shop fees.............................................. 400
Snowmobile registration fee revenue.................... 99,700
Snowmobile trail improvement fund...................... 238,100
State general fund/general purpose..................... $ 1,187,500
Sec. 104. LAND AND FACILITIES
Full-time equated classified positions.......... 134.2
Land and facilities--134.2 FTE positions............... $ 20,009,500
GROSS APPROPRIATION.................................... $ 20,009,500
Appropriated from:
Interdepartmental grant revenues:
IDG, engineering services to work orders............... 1,904,700
IDG, land acquisition services to work orders.......... 414,800
IDG, MacMullan conference center revenue............... 1,374,100
Special revenue funds:
Aircraft fees.......................................... 124,900
Forest development fund................................ 1,766,400
Forestland user charges................................ 13,100
Forest recreation fund................................. 10,700
Game and fish protection fund.......................... 7,096,700
Land exchange facilitation fund........................ 5,848,200
Marine safety fund..................................... 72,700
Michigan natural resources trust fund.................. 5,600
Michigan state parks endowment fund.................... 112,300
Michigan state waterways fund.......................... 295,200
Off-road vehicle trail improvement fund................ 23,100
Park improvement fund.................................. 535,500
Snowmobile trail improvement fund...................... 65,200
State general fund/general purpose..................... $ 346,300
Sec. 105. DEPARTMENTAL OPERATION SUPPORT
Building occupancy charges............................. $ 2,111,100
Rent - privately owned property........................ 515,000
Gifts and bequests..................................... 500,000
GROSS APPROPRIATION.................................... $ 3,126,100
Appropriated from:
Special revenue funds:
Private - gift revenues................................ 500,000
Forest development fund................................ 882,500
Forest recreation fund................................. 20,700
Game and fish protection fund.......................... 546,300
Game and fish protection fund - deer habitat reserve... 21,100
Game and fish protection fund - fisheries settlement... 6,800
Game and fish protection fund - turkey permit fees..... 20,200
Game and fish - wildlife resource protection fund...... 7,600
Land exchange facilitation fund........................ 13,000
Marine safety fund..................................... 34,500
Michigan natural resources trust fund.................. 42,500
Michigan state parks endowment fund.................... 242,600
Michigan state waterways fund.......................... 180,100
Park improvement fund.................................. 412,800
Snowmobile trail improvement fund...................... 22,000
State general fund/general purpose..................... $ 173,400
Sec. 106. WILDLIFE MANAGEMENT
Full-time equated classified positions.......... 195.7
Wildlife management--186.7 FTE positions............... $ 27,192,300
Natural resources heritage--9.0 FTE positions.......... 1,311,100
State game and wildlife area maintenance............... 500,000
GROSS APPROPRIATION.................................... $ 29,003,400
Appropriated from:
Federal revenues:
DAG, federal........................................... 100,400
DOI, federal........................................... 11,379,300
EPA, federal........................................... 1,000
Special revenue funds:
Private funds.......................................... 111,300
Cervidae licensing and inspection fees................. 95,700
Forest development fund................................ 61,600
Game and fish protection fund.......................... 10,363,800
Game and fish protection fund - deer habitat reserve... 2,358,000
Game and fish protection fund - turkey permit fees..... 1,620,600
Game and fish protection fund - waterfowl fees......... 100,700
Nongame wildlife fund.................................. 622,600
Sportsmen against hunger fund.......................... 250,000
State general fund/general purpose..................... $ 1,938,400
Sec. 107. FISHERIES MANAGEMENT
Full-time equated classified positions.......... 225.0
Aquatic resource mitigation--3.0 FTE positions......... $ 899,400
Fish production--62.0 FTE positions.................... 8,318,800
Fisheries resource management--160.0 FTE positions..... 20,800,100
GROSS APPROPRIATION.................................... $ 30,018,300
Appropriated from:
Federal revenues:
Senate Bill No. 1094 as amended May 24, 2006
DOC, federal........................................... 51,700
DOE, federal........................................... 1,000
DOI, federal........................................... 8,441,200
EPA, federal........................................... 160,100
Special revenue funds:
Private funds.......................................... 112,800
Clean Michigan initiative - clean water fund........... 2,000,000
Game and fish protection fund.......................... 18,353,100
Game and fish protection fund - fisheries settlement... 898,400
State general fund/general purpose..................... $ 0
Sec. 108. PARKS AND RECREATION
Full-time equated classified positions.......... 794.9
Bay City state park.................................... $ 100,000
Michigan civilian conservation corps--3.0 FTE
positions............................................ 1,057,000
<<Petoskey breakwall...................................... 400,000>>
Recreational boating--163.5 FTE positions.............. 14,038,100
State parks--628.4 FTE positions....................... 45,663,600
State parks improvement revenue bonds - debt service... 1,119,600
GROSS APPROPRIATION.................................... $ <<62,378,300>>
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
EPA, federal........................................... 116,500
Special revenue funds:
Private funds.......................................... 352,300
Harbor development fund................................ 277,000
Michigan civilian conservation corps endowment fund.... 1,057,000
Senate Bill No. 1094 as amended May 24, 2006
Michigan state parks endowment fund.................... 11,695,000
Michigan state waterways fund.......................... <<14,261,100>>
Off-road vehicle trail improvement fund................ 235,500
Park improvement fund.................................. 34,383,900
State general fund/general purpose..................... $ 0
Sec. 109. FOREST, MINERAL, AND FIRE MANAGEMENT
Full-time equated classified positions.......... 342.5
Adopt-a-forest program................................. $ 25,000
Cooperative resource programs--10.5 FTE positions...... 2,647,600
Forest and timber treatments--121.0 FTE positions...... 16,116,500
Forest fire equipment.................................. 1,700,000
Forest fire protection--133.5 FTE positions............ 10,838,100
Forest management initiatives--9.2 FTE positions....... 902,700
Forest management planning--18.0 FTE positions......... 5,600,100
Forest recreation and trails--33.0 FTE positions....... 4,978,600
Minerals management--17.3 FTE positions................ 2,145,400
GROSS APPROPRIATION.................................... $ 44,954,000
Appropriated from:
Federal revenues:
DAG, federal........................................... 2,312,400
DOI, federal........................................... 2,000
EPA, federal........................................... 1,000
Special revenue funds:
Private funds.......................................... 898,700
Aircraft fees.......................................... 124,100
Air photo fees - geographic information system......... 26,300
Commercial forest fund................................. 46,300
Forest development fund................................ 29,134,000
Forestland user charges................................ 293,100
Forest recreation fund................................. 1,176,200
Game and fish protection fund.......................... 1,654,700
Michigan natural resources trust fund.................. 1,112,600
Michigan state parks endowment fund.................... 548,700
Michigan state waterways fund.......................... 374,000
Off-road vehicle trail improvement fund................ 399,600
Recreation improvement fund............................ 313,000
Shop fees.............................................. 65,900
Snowmobile trail improvement fund...................... 2,147,600
State general fund/general purpose..................... $ 4,323,800
Sec. 110. LAW ENFORCEMENT
Full-time equated classified positions.......... 267.5
General law enforcement--257.5 FTE positions........... $ 29,909,300
Wildlife resource protection--10.0 FTE positions....... 1,644,700
GROSS APPROPRIATION.................................... $ 31,554,000
Appropriated from:
Federal revenues:
DHS-USCG, federal...................................... 4,273,300
DOC, federal........................................... 17,500
DOI, federal........................................... 1,239,600
Special revenue funds:
Forest recreation fund................................. 57,500
Game and fish protection fund.......................... 18,213,200
Game and fish - wildlife resource protection fund...... 1,529,700
Marine safety fund..................................... 1,521,900
Off-road vehicle trail improvement fund................ 1,189,800
Park improvement fund.................................. 239,900
Safety education fund.................................. 58,500
Snowmobile registration fee revenue.................... 980,900
State general fund/general purpose..................... $ 2,232,200
Sec. 111. PAYMENTS IN LIEU OF TAXES
Swamp and tax reverted lands........................... $ 7,071,500
Purchased lands........................................ 5,400,000
Special payments to counties........................... 170,000
Commercial forest reserves............................. 2,662,600
GROSS APPROPRIATION.................................... $ 15,304,100
Appropriated from:
Special revenue funds:
Game and fish protection fund.......................... 2,040,000
Michigan natural resources trust fund.................. 520,000
Michigan state waterways fund.......................... 140,000
State general fund/general purpose..................... $ 12,604,100
Sec. 112. GRANTS
Federal - clean vessel act grants...................... $ 100,000
Federal - forest stewardship grants.................... 625,000
Federal - land and water conservation fund payments.... 2,566,900
Federal - rural community fire protection.............. 300,000
Federal - urban forestry grants........................ 4,000,000
Grants to communities - federal oil, gas, and timber
payments............................................. 3,450,000
National recreational trails........................... 2,150,000
Accessibility grants................................... 1,000,000
Game and nongame wildlife fund grants.................. 10,000
Grant to counties - marine safety...................... 4,275,000
Inland fisheries resources grants...................... 200,000
Off-road vehicle safety training grants................ 150,000
Off-road vehicle trail improvement grants.............. 2,357,400
Recreation improvement fund grants..................... 1,100,000
Snowmobile law enforcement grants...................... 1,142,000
Snowmobile local grants program........................ 7,314,000
GROSS APPROPRIATION.................................... $ 30,740,300
Appropriated from:
Federal revenues:
DAG, federal........................................... 4,825,000
DAG, timber revenue.................................... 3,300,000
DHS-USCG, federal...................................... 1,470,000
DOI, federal........................................... 2,666,900
DOI, oil and gas royalty revenue....................... 150,000
DOT, federal........................................... 2,100,000
Special revenue funds:
Private funds.......................................... 1,150,000
Game and fish protection fund.......................... 200,000
Marine safety fund..................................... 2,805,000
Nongame wildlife fund.................................. 10,000
Off-road vehicle trail improvement fund................ 2,357,400
Recreation improvement fund............................ 1,100,000
Safety education fund.................................. 150,000
Snowmobile registration fee revenue.................... 1,142,000
Snowmobile trail improvement fund...................... 7,314,000
State general fund/general purpose..................... $ 0
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 9,002,900
GROSS APPROPRIATION.................................... $ 9,002,900
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue............... 34,400
Special revenue funds:
Air photo fees - geographic information system......... 3,400
Commercial forest fund................................. 1,500
Forest development fund................................ 1,445,600
Forestland user charges................................ 12,800
Forest recreation fund................................. 66,000
Game and fish protection fund.......................... 2,773,100
Game and fish protection fund - deer habitat reserve... 95,300
Game and fish protection fund - fisheries settlement... 27,900
Game and fish protection fund - turkey permit fees..... 62,300
Game and fish - wildlife resource protection fund...... 55,300
Harbor development fund................................ 5,500
Land exchange facilitation fund........................ 87,500
Marine safety fund..................................... 85,400
Michigan civilian conservation corps endowment fund.... 28,600
Michigan natural resources trust fund.................. 571,200
Michigan state parks endowment fund.................... 41,300
Michigan state waterways fund.......................... 687,100
Nongame wildlife fund.................................. 29,400
Park improvement fund.................................. 1,698,800
Senate Bill No. 1094 as amended May 24, 2006
Recreation improvement fund............................ 16,700
Snowmobile registration fee revenue.................... 31,200
Snowmobile trail improvement fund...................... 93,000
State general fund/general purpose..................... $ 1,049,600
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2006-2007 is <<$240,707,900.00>> and state
spending from state resources to be paid to local units of
government for fiscal year 2006-2007 is $29,182,500.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF NATURAL RESOURCES
PAYMENTS IN LIEU OF TAXES
Commercial forest reserves............................. $ 2,662,600
Purchased lands........................................ 5,400,000
Special payments to counties........................... 170,000
Swamp and tax reverted lands........................... 7,071,500
GRANTS
Grants to counties - marine safety..................... $ 2,805,000
Off-road vehicle safety training grants................ 150,000
Off-road vehicle trail improvement grants.............. 2,357,400
Recreation improvement fund grants..................... 110,000
Snowmobile law enforcement grants...................... 1,142,000
Snowmobile local grants program........................ 7,314,000
TOTAL.................................................. $ 29,182,500
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this act:
(a) "Commission" means the commission of natural resources.
(b) "DAG" means the United States department of agriculture.
(c) "Department" means the department of natural resources.
(d) "DHS" means the United States department of homeland
security.
(e) "DOC" means the United States department of commerce.
(f) "DOE" means the United States department of energy.
(g) "DOI" means the United States department of interior.
(h) "DOT" means the United States department of
transportation.
(i) "EPA" means the United States environmental protection
agency.
(j) "FTE" means full-time equated.
(k) "IDG" means interdepartmental grant.
(l) "USCG" means the United States coast guard.
Sec. 204. The department of civil service shall bill
departments and agencies at the end of the first fiscal quarter for
the 1% charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department.
(2) The state budget director shall grant exceptions to this
hiring freeze when the state budget director believes that the
hiring freeze will result in rendering a state department or agency
unable to deliver basic services, cause loss of revenue to the
state, result in the inability of the state to receive federal
funds, or necessitate additional expenditures that exceed any
savings from maintaining a vacancy. The state budget director shall
report quarterly to the chairpersons of the senate and house of
representatives standing committees on appropriations the number of
exceptions to the hiring freeze approved during the previous
quarter and the reasons to justify the exceptions.
Sec. 206. The department shall use the Internet to fulfill the
reporting requirements of this act. This may include transmission
of reports via electronic mail to the recipients identified for
each reporting requirement or it may include placement of reports
on an Internet or Intranet site.
Sec. 207. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations subcommittees
on natural resources, and the senate and house fiscal agencies with
an annual report on estimated restricted fund balances, projected
revenues, and expenditures for the fiscal years ending September
30, 2006 and September 30, 2007.
Sec. 208. (1) From the funds appropriated under part 1, the
department shall prepare a report that lists all of the following
regarding grant, loan, or grant and loan programs administered by
the department for the fiscal year ending on September 30, 2007:
(a) The name of each program.
(b) The goals, criteria, filing fees, nominating procedures,
eligibility requirements, processes, and deadlines for each
program.
(c) The maximum and minimum grant and loan available and
whether there is a match requirement for each program.
(d) The amount of any required match, and whether in-kind
contributions may be used as part or all of a required match.
(e) Information pertaining to the application process,
timeline for each program, and the contact people within the
department.
(f) The source of funds for each program, including the
citation of pertinent authorizing acts.
(g) Information regarding plans for the next fiscal year for
the phaseout, expansion, or changes for each program.
(h) A listing of all recipients of grants or loans awarded by
the department by type and amount of grant or loan during the
fiscal year ending September 30, 2006.
(2) The reports required under this section shall be submitted
to the state budget director, the senate and house appropriations
committees, and the senate and house fiscal agencies by January 1,
2007.
Sec. 209. Appropriations of state restricted game and fish
protection funds have been made to the following departments and
agencies in their respective appropriation acts. The amounts
appropriated to these departments and agencies are listed below:
Department of civil service............................ $ 409,100
History, arts, and libraries........................... 2,400
Legislative auditor general............................ 21,400
Attorney general....................................... 740,800
Department of management and budget.................... 259,100
Department of treasury................................. 11,700
Sec. 210. Before January 31, 2007, the department, in
cooperation with the Michigan state waterways commission, shall
provide to the state budget director, the senate and house
appropriation subcommittees on natural resources, and the senate
and house fiscal agencies a list of projects completed by the
commission in fiscal year 2005-2006, including the county and
municipality in which each project is located.
Sec. 211. Pursuant to section 43703(3) of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.43703, there is appropriated from the game and fish protection
trust fund to the game and fish protection fund, $6,000,000.00 for
the fiscal year ending September 30, 2007.
Sec. 212. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of information technology for technology-
related services and projects. Such user fees shall be subject to
provisions of an interagency agreement between the department and
the department of information technology.
Sec. 213. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of information technology. Funds designated in this
manner are not available for expenditure until approved as work
projects under section 451a of the management and budget act, 1984
PA 431, MCL 18.1451a.
Sec. 214. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2007 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the house and senate appropriations committees.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the chairs and members of the house and senate
appropriations committees, the fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 215. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and comparable quality American goods or
services, or both, are available. Preference should be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality.
Sec. 216. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 217. By October 15, 2006, the department shall provide to
the senate and house appropriations subcommittees on natural
resources and the senate and house fiscal agencies a list of
general fund/general purpose budget cuts sufficient to reduce
department general fund/general purpose spending by 7.93% in fiscal
year 2006-2007 if the K-16 ballot initiative is adopted by the
voters of the state.
Sec. 218. (1) From the funds appropriated in part 1, the
department is prohibited from transporting employees of
institutions of higher education on state-owned aircraft.
(2) From the funds appropriated in part 1, the department is
prohibited from transporting legislators or legislative staff on
state-owned aircraft without prior approval from the senate
majority leader or the speaker of the house of representatives, or
both.
(3) From the funds appropriated in part 1, the department is
prohibited from transporting local government employees on state-
owned aircraft.
(4) It is the intent of the legislature that state elected
officials use commercial or other private air service, unless air
travel on state-owned aircraft is part of official state business.
Sec. 219. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
EXECUTIVE
Sec. 301. The amount appropriated in part 1 for Project
F.I.S.H. is a grant to that organization. The department shall
collaborate with Project F.I.S.H. to increase the number of anglers
in Michigan through the continuation and expansion of Project
F.I.S.H. By January 31, 2007, the department shall provide to the
state budget director, the senate and house appropriation
subcommittees on natural resources, and the senate and house fiscal
agencies a cost-benefit analysis of the effectiveness of these
efforts.
ADMINISTRATIVE SERVICES
Sec. 401. The department may charge the appropriations
contained in part 1, including all special maintenance and capital
projects appropriated for the fiscal year ending September 30,
2007, for engineering services provided, a standard percentage fee
to recover actual costs. The department may use the revenue derived
to support the engineering services charges provided for in part 1.
Sec. 402. The department may charge land acquisition projects
appropriated for the fiscal year ending September 30, 2007, and for
prior fiscal years, a standard percentage fee to recover actual
costs, and may use the revenue derived to support the land
acquisition service charges provided for in part 1.
Sec. 403. The department may charge both application fees and
transaction fees related to the exchange or sale of state-owned
land or rights in land authorized by part 21 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.2101 to 324.2162. The fees shall be set by the director at a
rate which allows the department to recover its costs for providing
these services.
Sec. 404. The department shall prominently display in a
prominent place in the fishing guide provided to each licensed
fisher and paid for from the funds appropriated in part 1, the
website address for the department of community health. In
addition, the fishing guide shall include information on
alternative sources where interested parties without Internet
access may find information on fish advisories issued by the
department of community health.
Sec. 405. Within 21 days after the end of each fiscal quarter,
the department shall submit to the senate and house appropriations
subcommittees on natural resources a report on all land
transactions completed by the department in the previous fiscal
quarter. For each land transaction, the report shall include, but
not be limited to, the size of the parcel, the county and
municipality in which the parcel is located, the dollar amount of
the transaction, the fund source affected by the transaction, and
the type of transaction, such as purchase, public auction,
transfer, exchange, or conveyance.
WILDLIFE MANAGEMENT
Sec. 501. Of the funds appropriated in part 1, the department
shall reimburse the department of agriculture for costs incurred
for indemnification payments for livestock losses caused by wolves,
coyotes, or cougars under the animal industry act, 1988 PA 466, MCL
287.701 to 287.745.
Sec. 502. From the funds appropriated in part 1, the
department shall continue to execute the action plan that it
submitted to the legislature on December 28, 2005 to address the
negative impacts of the federally protected cormorant.
Sec. 503. From the funds appropriated in part 1 for wildlife
management, the department shall spend up to $20,000.00 to study
the bobcat population in Michigan and, in coordination with the
natural resources commission, develop appropriate, science-based
hunting quotas in both the upper and lower peninsulas. By
September 30, 2007, the department shall report to the senate and
house appropriation subcommittees on natural resources, the senate
and house fiscal agencies, and the state budget director on the
results of the study.
FISHERIES MANAGEMENT
Sec. 601. As a condition of expenditure of fisheries
management appropriations under part 1, the department shall not
impede the certification process for water control structures on
Michigan waterways. The department shall fund from funds
appropriated in part 1 all non-water-quality studies or
requirements that the department requests of either of the
following:
(a) The department of environmental quality as a condition for
issuance of a certification under the federal water pollution
control act, 33 USC 1341.
(b) The federal energy regulatory commission as a condition of
licensing under the federal power act, 16 USC 791a to 825r.
Sec. 602. (1) From the appropriation in part 1 for aquatic
resource mitigation, not more than $758,000.00 shall be allocated
for grants to watershed councils, resource development councils,
soil conservation districts, local governmental units, and other
nonprofit organizations for stream habitat stabilization and soil
erosion control.
(2) The fisheries division of the department shall develop
priority and cost estimates for all recommended projects.
Sec. 603. From the funds appropriated in part 1 for fisheries
resources management, $2,000,000.00 is provided for preparation
activities for removal, including engineering projects, and the
removal of the Otsego, Plainwell, and Trowbridge dams on the
Kalamazoo River. This shall not preclude the department from
pursuing cost recovery for dam removal costs from responsible
parties, and, in the event that the department recovers funds from
responsible parties at these locations, the department shall
restore funding.
PARKS AND RECREATION
Sec. 701. Pursuant to section 1902(2) of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.1902, there
is appropriated from the Michigan natural resources trust fund to
the Michigan state parks endowment fund an amount not to exceed
$10,000,000.00 for the fiscal year ending September 30, 2007.
Sec. 702. (1) The department shall prepare detailed reports
for construction projects in state parks that will involve campsite
or campground closures. These reports shall include expected costs,
impacts on recreation opportunities, impacts on state park
revenues, and the expected impact on state park users. The
department shall also prepare reports on average monthly campground
occupancy rates for every state park during the previous summer
season. The department shall provide reports described in this
subsection to the house and senate appropriations subcommittees on
natural resources and the house and senate fiscal agencies not
later than April 1, 2007.
(2) The department shall notify the house and senate
appropriations subcommittees on natural resources and the house and
senate fiscal agencies if it intends to reduce operations or reduce
recreation opportunities at any state park or recreation area.
Sec. 703. From the funds appropriated in part 1, the
department shall maintain an appropriate number of defibrillators
in state parks. State parks shall accept donations of
defibrillators.
Sec. 704. By September 30, 2007, the department shall report
to the senate and house appropriations subcommittees on natural
resources and the senate and house fiscal agencies any misuse of
complimentary or discounted day passes at state recreational
facilities during the 2006-2007 fiscal year.
Sec. 705. The department shall not alter or halt operations of
the ski hill or demolish buildings related to the ski hill, the
assistant manager residence, the 3-unit apartment building, or the
carpenter's shop and garage in Porcupine Mountains wilderness state
park. The department shall collaborate with travel Michigan for the
marketing and promotion of the ski hill.
Sec. 706. Regardless of the results of the pending shooting
range litigation, from the funds appropriated in part 1, the
department shall retain the services of a licensed engineer
specializing in acoustics to further study and design range
modifications to mitigate sound from the shooting range at the
Island Lake recreation area.
Sec. 707. From the funds appropriated in part 1, the
department shall work with the Michigan state waterways commission
to develop both a short-term and a long-term plan to improve public
boating access throughout the state. By July 1, 2007, the
department shall submit the plans to the state budget director, the
senate and house appropriation subcommittees on natural resources,
and the senate and house fiscal agencies.
Sec. 708. The appropriation in part 1 for Bay City state park
shall be used to provide floating docks for recreation purposes and
Senate Bill No. 1094 as amended May 24, 2006
for barrier-free access.
<<Sec. 709. Subject to the provisions of this section, the funds appropriated in part 1 for the Petoskey breakwall shall be expended to repair the breakwall under the jurisdiction of the United States army corps of engineers. This funding shall not be expended unless the department has entered into an agreement with the United States army corps of engineers or other appropriate federal agency in which the United States army corps of engineers or other appropriate federal agency agreed to repay the Michigan state waterways fund for its expenditures
for this project.>>
FOREST, MINERAL, AND FIRE MANAGEMENT
Sec. 801. In addition to the funds appropriated in part 1,
$350,000.00 is appropriated to cover costs related to any declared
emergency involving the collapse of any abandoned mine shaft
located on state land. This appropriation shall not be expended
unless the state budget director recommends the expenditure and the
department notifies the house and senate committees on
appropriations.
Sec. 802. As a condition of expenditure of appropriations in
part 1 from forest development funds, on October 15, 2006 the
department shall provide $1,000,000.00 from cooperative resources
programs as an interdepartmental grant to the department of
agriculture for the cooperative resources management initiative
program for the purposes of supporting forestry programs in local
conservation districts.
Sec. 803. From the funds appropriated in part 1, the
department shall develop a motorized snowmobile trail connecting
Gaylord and Cheboygan.
Sec. 804. By February 1, 2007, the department shall report to
the state budget director, the senate and house appropriation
subcommittees on natural resources, and the senate and house fiscal
agencies on the planned use, expenditure, and action taken by the
Michigan forest finance authority regarding the grant from the
Michigan strategic fund of $26,000,000.00 appropriated from the
21st century jobs trust fund under section 88j of the Michigan
Senate Bill No. 1094 as amended May 24, 2006 (1 of 2)
strategic fund act, 1984 PA 270, MCL 125.2088j. The report shall
identify the planned uses, expenditures, and actions in the
following categories:
(a) Technological advances and inventory.
(b) Infrastructure improvement and maintenance.
(c) Education and training for industry professionals.
(d) Projects to maintain private ownership, continue
sustainable forestry, allow public access to outdoor recreation,
and address forest fragmentation and nonforestry development.
Sec. 805. The department shall spend amounts appropriated in
part 1 for forest-related activities to employ or contract for
additional foresters to mark timber.
<<Sec. 806. Of the funds appropriated in part 1, the department shall, subject to the forest certification process, prescribe appropriate treatment on not less than 63,000 acres at the current average rate of 12.5 to 13 cords per acre, and put those cords up for sale in 2007, provided that the department shall take into consideration the impact of timber harvesting on wildlife habitat and recreation uses. The department shall, subject to the forest certification process, increase marking or treatment of hardwood timber for sale and harvest by 10% over 2006 levels. In addition, the department shall take into consideration silvicultural analysis and report annually to the legislature on plans and efforts to address factors limiting management of timber. The department shall provide quarterly reports on the number of acres treated, pursuant to this section, to the senate and house appropriation subcommittees on natural resources and the standing committees of the senate and house of representatives with primary responsibility for natural resources issues.>>
LAW ENFORCEMENT
Sec. 901. The appropriation in part 1 for snowmobile law
enforcement grants shall be used to provide grants to county law
enforcement agencies to enforce part 821 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.82101 to
324.82160, including rules promulgated under that part and
ordinances enacted pursuant to that part. The department shall
consider the number of enforcement hours and the number of miles of
Senate Bill No. 1094 as amended May 24, 2006
snowmobile trails in each county in allocating these grants. Any
funds not distributed to counties revert back to the snowmobile
registration fee fund created under section 82111 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.82111. Counties shall provide semiannual reports to the
department.
PAYMENTS IN LIEU OF TAXES
Sec. 1001. From the funds appropriated in part 1 for special
payment to counties, $170,000.00 shall be used to replace a loss of
revenue to a county with a fiscal year ending September 30, 2007,
caused by a single annual statement and billing for payments in
lieu of taxes authorized under sections 2153 and 2154 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.2153 and 324.2154, and as a result of revenue due for set
aside to the revenue sharing reserve fund generated by county
allocated millage as authorized under section 44a of the general
property tax act, 1893 PA 206, MCL 211.44a.
GRANTS
Sec. 1101. Federal pass-through funds to local institutions
and governments that are received in amounts in addition to those
included in part 1 for grants to communities - federal oil, gas,
and timber payments and that do not require additional state
matching funds are appropriated for the purposes intended. By
November 30, 2006, the department shall report to the senate and
house appropriations subcommittees on natural resources, the senate
and house fiscal agencies, and the state budget director on all
amounts appropriated under this section during the fiscal year
ending September 30, 2006.
Sec. 1102. The use of federal funding received by the state
from the land and water conservation fund and appropriated in part
1 shall be coordinated with state grants to local units of
government from the Michigan natural resources trust fund. The
coordination of the 2 funding sources shall be conducted in a
manner that minimizes the total matching funds required from local
units of government for local land acquisition or recreational
development projects.
Sec. 1103. From funds provided in part 1 for grants to
counties – marine safety, priority for equipment grants shall be
given to counties with not more than 2 boats, with the intent of
funding the full grant request of such counties.
Sec. 1104. From the funds appropriated in part 1 for off-road
vehicle trail improvement grants, not less than $100.00 shall be
spent on the development of new trails in accordance with the off-
road vehicle trail expansion plan submitted to the legislature
pursuant to section 807 of article 14 of 2005 PA 154.